HomeMy WebLinkAboutMS 577; Hesler, Ralph; 82-109025; Public Facilities Fee Agreement/Release* ' .a- S' i -rl 040
. RiCO&ING REQUESTED J3+ AND
WHEN RECORDED MAIL TO:
1
CITY OF CARLSBAD
1200 Elm Avenue
82-iO9025
Carlsbad, California 92008 >
Space above this,line fo
Documentary tra
Signature of de
tax-firm name
City of Carlsbad
Parcel No. 167-070-13 & 6
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this- of fi* , 1uL
by and between Ralph Hesler :
(name of developer-owner)
an individual , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 2009 Vallev Road (street)
Oceanside,CA 92054
(City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WI TN E S SETH: \
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 4-2-82
on said Property, whit,, development carries the proposed name of
N/A
and is hereafter referred to as 'Development'; and
WHEREAS, Developer filed o.n the /2* day of I4d ; ,
29A% with the City a request for approval-of a tentative parcel
map.
‘.
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and '
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
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REV 4-2-82
- 1042 -
. . NOW, THEREFORE, Ln consideration of the recitals and the
covenants contained herein, the parties agree as follows:
2. The Developer shall pay to the City a public facilities fee
in an amount not to. exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits”, “other construction permit” and “entitlement for use” as
used in this agreement, except in reference to mo.bilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the . .
development is intended. Developer shall pay to City-a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior to
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 28, 20 or 22 of the
Carlsbad Municipal Code.
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REV 4-2-82
. : / . - : 1043
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determinatiion,, when
* *
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 1.8 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City’s Genera2
Plan. If the fee is not .pa.id as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid’pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
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_ .’ . I * s:’ A22 obligatio hereunder terminat.. in the event the
R‘equests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party, Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personalder'ivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, al2 obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement sha.12 be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied; City shall record a release.
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REV 4-2-82
L ’ 1045 -
,
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
RalDh Hesler
BY
City Manager
(Title)
Oluncr - (Title)
-.. iTTEST:
. ALETHA L.
APPROVED .
VINCENT F. BIONDO, JR.,
. ' City Attorney
,
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
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REV 4-2-82
Individual Acknowledgment
STATE OF CALIFORNIA
COUNTY OF w d/&% > ss. ” 1046
On lV/4K.@xC 3, /9~~ before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
known to me to be the persons * whose names subscribed to the within instrument and
acknowledged that- executed the same.
WITNESS my hand and off&&seal.
Notary Public in and for said County and State
Notary Seal
,hhhh*NC.-.-e-z--’ OFFICIAL SEAL
ETHEL M ROCKWELL
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY Mv comm. exaires MAY 13. 1983 ,! .
958 Berkeley Way, Vista, GA 92083
. .
, ‘,- lo47 - Job No 479-00 March 6, 1982 Page 1
EXHIBIT A
PARCEL 1:
A PORTION OF LOT "J' OF THE RANCH0 AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, C0UNT.Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT "J", .MARKED BY A 6-INCH GALVANIZED IRON PIPE FILLED WITH CEMENT; THENCE NORTH
230 33' WEST ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT "J' A DISTANCE OF 179.37 FEET TO A POINT ON THE NORTHERLY LINE
OF THE COUNTY ROAD AS SHOWN ON LICENSED SURVEYOR'S MAP NO. 441;
THENCE ALONG SAID SOUTHWESTERLY BOUNDARY NORTH 23' 33' WEST 351.08
FEET TO A POINT IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN-THE
DEED OF TRUST EXECUTED APRIL 10, 1947 TO LEWIS D. CRAIG, ET UX,
RECORDED IN BOOK 2372, PAGE 444 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE BOUNDARY OF SAID LAND DESCRIBED IN SAID DEED OF
TRUST NORTH 66' 40' 50' EAST A DISTANCE OF 125.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 66' 40' 50" EAST 80.97
FEET; THENCE SOUTH 230 19' 10' EAST A DISTANCE OF 317.91 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID COUNTY ROAD SAID POINT IN BEING
ON A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 326.09 FEET
AND WHOSE BEARING IS SOUTH 15' 57' 17' EAST; THENCE LEAVING THE
BOUNDARY OF THE LAND AND WESTERLY ALONG THE ARC OF SAID CURVE, BEING
ALONG SAID NORTHERLY LINE OF SAID COUNTY ROAD TO A LINE WHICH BEARS
SOUTH 23' 33' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH
23' 33' TO THE TRUE POINT OF BEGINNING.
PARCELZ:
i A PORTION OF LOT 'J' OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP
THERE0.F NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT ‘J”; THENCE NORTH
23' 33' WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 'J' 179.37
FEET TO A POINT ON THE NORTHERLY LINE OF THE COUNTY ROAD AS SHOWN
ON ROAD SURVEY NO. 523; THENCE CONTINUING ALONG SAID SOUTHWESTERLY
LINE OF SAID LOT "J", 140.68 FEET TO THE TRUE POINT OF BEGINNING;
THENCE AT RIGHT ANGLES TO SAID LINE NORTH 66' 27' EAST 100.00 FEET;
THENCE SOUTH 23' 33'EAST 111.34 FEET TO A POINT IN THE NORTHERLY LINE OF SAID COUNTY ROAD NO. 523, SAID POINT BEING ON A CURVE, CONCAVE
SOUTHERLY HAVING A RADIUS OF 326.09 FEET, A RADIAL LINE FROM SAID
POINT BEARS SOUTH 34' 26' 26' EAST; THENCE NORTHEASTERLY ALONG SAID
NORTHERLY LINE OF SAID COUNTY ROAD ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 4"-26' 40" A DISTANCE OF 25.29 FEET TO A POINT ON
SAID CURVE, A RADIAL LINE FROM SAID POINT BEARS SOUTH 29' 59' 46'
EAST; THENCE NORTH 23' 33' WEST 317.43 FEET TO A POINT, IN THE LAND
DESCRIBED IN DEED OF TRUST EXECUTED APRIL 10, 1947 TO LEWIS D. CRAIG,
ET UX, RECORDED IN BOOK 2372, PAGE 444, OF OFFICIAL RECORDS; THENCE
1048 -
Job No. 479-00
Page 2
WESTERLY ALONG THE BOUNDARY OF SAID LAND DESCRIBED IN SAID DEED
OF TRUST SOUTH 6' 40' 50" WEST 125.00 FEET TO A POINT IN SAID
SOUTHWESTERLY LINE OF SAID LOT "3"; THENCE SOUTH 23' 33' EAST
ALONG SAID SOUTHWESTERLY LINE OF SAID LOT "J", 210.40 FEET TO
THE TRUE POINT OF BEGINNING.
PARCEL 3:
AN EASEMENT FOR SEWER PIPE LINE AND APPURTENANCES THERETO ALONG
THE WESTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND:
A PORTION OF LOT "J" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF $1
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DES- :
CRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT "J"; THENCE NORTH
23' 33' WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT "J", 179.37
FEET TO A POINT ON THE NORTHERLY LINE OF THE COUNTY ROAD AS SHOWN
ON ROAD SURVEY NO. 523, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 23' 33' WEST ALONG SAID SOUTHWESTERLY LINE OF SAID LOT ” J ” 9 140.68 FEET; THENCE AT RIGHT ANGLES TO SAID LINE NORTH 66' 27'
EAST, 100.00 FEET; THENCE SOUTH 23O 33' EAST, 111.34 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID COUNTY ROAD NO. 523, SAID POINT BEING
A POINT ON A-CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 326.09 FEET,
A RADIAL LINE FROM SAID POINT BEARS SOUTH 34' 26' 26" EAST; THENCE
SOUTHWESTERLY ALONG SAID NORTHERLY LINE OF SAID COUNTY ROAD N0.523,
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11' 06' 34"
A DISTANCE OF 63.23 FEET TO A POINT OF REVERSE CURVATURE CONCAVE
NORTHERLY HAVING A RADIUS OF 203.36 FEET, A RADIAL LINE THROUGH SAID
POINT OF REVERSE CURVATURE BEARS NORTH 45' 33' 00" WEST; THENCE CON-
TINUING ALONG SAID NORTHERLY LINE OF SAID COUNTY ROAD THROUGH A
CENTRAL ANGLE OF 11' 35' 42" A DISTANCE OF 41.15 FEET TO THE TRUE POINT OF BEGINNING.