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HomeMy WebLinkAboutMS 590; Carlsbad Congregation of Jehovah's Witnesses Inc; 83-121739; Public Facilities Fee Agreement/Release-. . r * .’ .- *, , RECaO'RDINd REQUESTED B‘, AND '1' 637 WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD ' 1200 Elm Avenue Carlsbad, California 92008 ) I L'Ff-:P i.. L.:'LIL - ,, ,*I-. I . Space above this line for dpr er's us-& r&&J? !T t il&&y& 3 Documentary transfer tax: $ No fee NO FEE xx- ClM P Sign'ature of declarant determining tax-firm name City of Carlsbad Parcel No. 156-220-20 . . . AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 5th day of April , 1983 by and between CARLSBAD CONGREGATION OF JEHOVAH'S WITNESSES, INC., (name of developer-owner) a California corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 1570 Basswood Ave. (street) Carlsbad, CA 92008 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose addre Carlsbad, California, 92008. W I T N E S SE T H: WHEREAS, Developer is the owner of the re 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 . I ’ * . 1 *:I: , 638 ‘. - . ’ on said Property, which development carries the proposed name of four lot parcel map and is hereafter referred to as “Development”; and I . WHEREAS, Developer filed on the 11th day of March 9 1983 ) with the City a request for application for approval of a tentative parcel'map HIS -dim 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 proposds 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 di.ji: 639 ’ - . I’ NOti, TREREFORE, A consideration of the re tals and the covenants contained herein, the parties agree as follows: 1.: 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 t’o 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 mobilehome sites or _ ._ projects, shall not. refer to grad-ing 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 mo,bilehome space to be constructed pursuant to the Request; The ‘f-ee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be i.0 addition to any fees, dedications or improvements required according. to Titles 18, 20 or 21 of the . Carlsbad Municipal Code. -3- REV 4-2-82 ’ . . Tl” c 640’ 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 aas’ite 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 determin’ed by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to . . Titles 18 or 20 of the Carlsbad Munic.ipal Code. -. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City’s General Plan. If the fee is not paid 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- . . ._.. ., 641 . . . . . , . . _.-- --_ .-- . - -... L.._sm -. -.. 4 ..a .. l ;I L \ * ’ 6’. All obligations hereunder shall terminate in the event the Requests 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 authorised 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 personal .delivery 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, all 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 shall be re’corded but shall not create a lien or security interest in the Property. When the obligat.ions of this agreement have been satisfied, City shall record a release. -5- 1 * ,./ 642 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date f'irst written above.. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California CAF?LSBAD.CONGREGATION OF JEHOVAH'S WITNESSES, INC. (name> BY M. KRATT THOMAS F. ROWE City Manager ('fitle) Secretary-Treasurer ATTEST: ALETHA L. RAUTENKRANZ, City Cle n l m APPROVED AS TO Fb ..' . . 4 .r V&CENT F. RIONDO, JR., City Attorney f i (Notarial acknotiledgement of execution by DEVELOPER-OWNER must be attached.) . . . . -6- REV 4-2-82 - 643 STATE OF CALIFORNIA) ss: COUNTY OF SAN DIEGO) /9& 1983, before me, the undersigned, a Notary ahd for the State, personally appeared JOHN M. KRATT and THOMAS F. ROWE, personally known to me or proved to me on the basis of satisfactory evidence to be the persons who exe- cuted the within instrument as President and Secretary-Treasurer on behalf of the CARLSBAD CONGREGATION OF JEHOVAH'S WITNESSES, INC., the corporation 'therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature OFFICIAL SEAL MAHNITA L. BOYDEN NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY MY Common Frpires ~b 75 l L, 644 EXHIBIT "A" The Southeasterly 223.03 feet of that portion of Lots 30 and 31 of PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office of the County Re- corder of San Diego County, September 22, 1888, and of Section 31, Township 11 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, ac- cording to United States Government Survey, described as follows: Beginning at a point in the centerline of Valley Street, distant thereon North 34°33'00*' West 528.52 feet from the intersection of said centerline of Valley Street with the centerline of Oak Avenue: thence North 34O33'00" West along said centerline of Valley Street 657.07 feet to intersection with the Southerly line of said Section 31; thence along said Southerly line North 89°07'OO" West 47.31 feet to the most Westerly corner of the tract of land conveyed by Roswell N. Wilson to South Coast Land Company by Deed dated November 1, 1923 and recorded in Book 976, page 435 of Deeds, Records of San Diego County; thence North 54' 13'30" East along the Northwesterly line of the land so conveyed to said South Coast Land Company 759.75 feet to the most North- erly corner thereof; thence South 35°29'OO" East along the Northeasterly line of the land so conveyed to said South Coast Land Company 563.12 feet to said Southerly line of Section 31; thence South 89°07'OO" East along said Southerly line 176.33 feet to the intersection with the centerline of Canon Street: thence South 19°26'OO" East along said centerline 36.81 feet, more or less, to the intersection with a line drawn parallel with said centerline of Oak Avenue through the Point of Beginn- ing; thence South 55O27'00" West along said parallel line 864.32 to the Point of Beginning. EXCEPTING THEREFROM that portion described in a Deed to the City of Carlsbad, recorded June 4, 1976 as File No. 76-170697 of Official Records, described as follows: All that portion of Lots 30 and 31 of PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office of the County Recorder of San Diego County, September 22, 1888, described as follows: Beginning at a point in the centerline of Valley Street, distant thereon North 34OO2'15" West (record North 34O33' West) 528.52 feet from the intersection of the centerlines of Valley Street and Oak Avenue, said Point of Beginning being the Southwesterly corner of the land conveyed by South Coast Land Company to Carl G. Strock and Blanche D. Strock by Deed dated September 22, 1930, recorded September 27, 1930 in Book 1814, page 327 of ~ .;; 645 Deeds; thence along the Southerly line of the land so conveyed to Strock, North 55'58'59" East (record North 55O27' East) 464.14 feet; thence leaving said Southerly line South 69O25'54" West 96.42 feet to the beginning of a tangent 1242.00 foot ra- dius curve, concave Southeasterly; thence Southwesterly along the arc of said curve 291.54 feet through a central angle of 13O26'55"; thence tangent to said curve South 55O58'59" West 31.54 feet to the beginning of a tangent 20.00 foot radius curve, concave Northerly: thence Northwesterly along the arc of said curve 31.41 feet through a central angle of 89O58'46"; thence radial to said curve South 5S057'45*' West 30.00 feet to a point in said centerline of Valley Street; thence along said centerline South 34OO2'15" East (record South 34'33' East) 76.46 feet to the Point of Beginning. EXCEPTING THEREFROM any portion lying within Valley Street.