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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. -2- 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. -3- 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. -4- _ .’ . 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. -5- 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.) -6- 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.