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HomeMy WebLinkAboutMS 590; McCauley, Kathryn; 82-260057; Public Facilities Fee Agreement/Release. . “.’ ,. kEs,,Ol?DLNG REQUESTED BY AND 580 WHEN RECORDED MAIL TO: 1 CITY OF CARLSRAD 1200 Elm Avenue Carlsbad, Cal,ifornia 92008 ) Space above this line NO FEE $ No fee tax-firm name City of Carlsbad Parcel No. /a-J-- 20*/B AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSRAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 16 day of March , 1982 by and betweenKathryn A. MC Cauley (name of developer-owner) a owner , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 298.8 Valley St., Carlsbad 92008 (street) Carlsbad, ca., 92008 (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 %""" Carlsbad, California, 92008. WITNESSETH: WHEREAS, -cribed Developer is the owner of the real pr 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-_ ._ . 581 - on‘ saidl Property, which development carries the proposed name of * 4 lot parcel map . and is hereafter referred to as "Development"; and / WHEREAS, Developer filed on the /7 day of , 19L?% with the City a request for application for approve1 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 se-rvices 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 . . c *. sfjz-- NOW, THEREFORE, .I consideration of the ret-cals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a pub1i.c facilities fee in an a-mount 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 ot_her 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 referent-e to mobilehome 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 18, 20 or 21 of the . Carlsbad Municipal Code. REV 4-2-82 -3- ,. . . I 583 - 2. The Developer may off'er 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 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 Municipal 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- .# , “. ., 6 l . All obligation, hereunder shall t&B&ate-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 dat'ed 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, add'ressed to Developer at the address as may have been designated, postage prepaih and certified. 8. Ti1 is: tig;leement shall be binding" upon and shall inure 5:: 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 agreem.ent 'shall 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 4-2-182 . * I. . . ..I 58f- 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 BY City Manager (Title) . BY (Title) ATTEST: APPROVED AS TO FORM: t &uJQilV&t,Q ‘*&jf“oaNoia ‘3 lN33Nrh VINCENT F. BIONDO, JR., City Attorney ‘ (Notarial acknowlediement of execution by DEVELOPER-OWNER must be attached.) , . 3 -6- REV 4-2-82 - EAVANCE STATE OF CALIFORNIA COUNTY OF San Diego > ss. ATUOR COMPANY On May 10, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared Kathryn A. McCauley , known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal) LEGAL DISCRIPTION 586 PARCEL ‘A’ CONSISTING OF 0.334 ACRES AS SHOWN ON PARCEL MAP NO. 1210 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 2, 1973. MORE PARTICULARLY QESCRIEED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF VALLEY STREET 14.49’ SOUTHEASTERLY OF THE CENTERLINE OF ELM STREET AS SHOWN ON SAID PARCEL MAP, THENCE NORTH 55 DEGREES 58’ 59” EAST A DISTANCE OF 464.2’ TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE BEARING NORTH 69 DEGREES 25’ 54” EAST 118.19 TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 958 FEET A DISTANCE OF 273.07 FEET: THENCE ALONG THE PROLONGATION OF THE CENTERLINE OF CANYON STREET S4ct’ WIDE) A DISTANCE OF 54.42 FEET NORTH 18 DEGREES 55’ 13’ ’ WEST; THENCE 400.12 FEET SOUTH 55 DEGREES 58’ 59” WEST TO THE TRUE POINT OF BEGINNING. EXCEPTING THE FOLLOWING SLOPE EASEMENTS: SLOPE EASEMENT I BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL ‘A’ DISTANT 464.20 FEET FROM THE CENTERLINE OF VALLEY STREET AS SHOWN ON SAID MAP; THENCE NORTH 69 DEGREES 25’ 54” EAST 118.19 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 958 FEET; THENCE ALONG SAID CURVE 145 FEET TO A POINT ON A LINE BEARING NORTH 74 DEGREES 37’ 58” WEST; THENCE ALONG SAID LINE TO THE NORTHWESTERLY LINE OF PARCEL ‘A’ ; THENCE ALONG SAID NORTH LINE 107.58 FEET TO THE POINT OF BEGINNING, SLOPE EASEMENT II BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL ‘A’ A DISTANT 864.32 FEET FROM THE CENTERLINE OF VALLEY STREET AS SHOWN ON SAID MAP; THENCE SOUTH 18 DEGREES 55’ 13” EAST 54.42 FEET TO THE SUTHEASTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY BEING A CIRCULAR CURVE HAVING A RADIUS OF 958 FEET, DISTANCE OF 128.07 FEET; THENCE NORTH 75 DEGREES 13’ 11” EAST 152.33 FEET TO THE PaINT OF BEGINNING. LEGAL DESCRIPTION L.E$dK o/- /vet/u LO/ _ *ORDER YO. 847525-9 * 587 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 Recorder 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, according to United States - : - Government Survey, described as follows: Beginning at a point in the center line of Valley Street, distant thereon North 34”33’00” West, 528.52 feet from the intersection of said center line of Valley Street with the center line of Oak Avenue; thence North 34’33’00” West along said center line of Valley Street 657.07 feet to intersection with the Southerly line of said Section 31; thence along said Southerly line, North 89”07’00” West, 47.31 feet to the most Westerly corner of the tract of the 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 Northerly corner thereof; thence South 35’29’00” East along the Northeasterly line of the land so conveyed to said South Coast Land Company, 563.12 feet to the said Southerly line of Section 31; thence South 89’07’00” East along said Southerly line, 176.33 feet to intersection with the center line of Canon Street; thence South 19”26’00” East along said center line, 36.81 feet, more or less to intersection with a line drawn parallel with the said center line of Oak Avenue through the Point of Beginning; thence South 55”27’00” West along said parallel line 864.32 feet 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 34”02’15” West (Record North 34”33’ West) 528.52 feet from the intersection of the centerllnes of said 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 Deeds; thence along the Southerly line of the land so conveyed to Strock, North 5S058’59” East (Record North. 55’27’ East) 464.14 feet; thence leaving said Southerly line, South 69”25’54” West, 96.42 feet to the beginning of a tangent 1242.00 foot radius curve, concave Southeasterly; thence Southwesterly along the arc of said curve, 291.54 feet through a central angle of 13’26’55”; thence tangent to said curve, South 55”58’59” 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 89’58’46”; thence radial to said curve, South 55”57*45” West, 30.00 feet to a point in eaid centerline of Valley Street; thence along said centerline, South 34”02’15” East (Record South 34’33’ East) 76.46 feet to the Point of Beginning. EXCEPTING THEREFROM any portion lying within Valley Street.