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Home My WebLink AboutMS 634; Shultz, Earl & Karen; 85-027946; Public Facilities Fee Agreement/Release1 ,’ L *v 1536’ RECORDING REQUESTED BI AND - 85;;8;27946 . . WHEN RECORDED MAIL TO: I- f;F~f~:~r:r* OFi~~l~j,~'~"~!ii~'l" -'-'i CITY OF CARLSBAD OF S;',),~ ~~;,'i:-,~!,T :: ~ii'"~, i ',,( i', , ,.I 1200 Elm Avenue Carlsbad, California 92008 I l/ic-pj, ) i , ,, use *- . .._ ,. $ No fee NO FEE Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 203-251-09 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this //&day of December , 1984 by and between Earl H. Shultz and Karen L. Shultz husband and wife (name of developer-owner) , hereinafter referred to as , partnership, etc.) "Developer" whose address is P. 0. Box 2394 (street) Ranch0 Santa Fe, CA 92067 (City, state, zip code) and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address Carlsbad, California, 92008. WITNESSETH: 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: Developer proposes to convert an existing duplex into a condominium R.EV 4-2-82 /vs 634 4elEIsu8. I ' WC : OQ said Property, whiL.,I development carries the proposed name of I'. _- and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the ./I day of December , 19 84, with the City a request for Tentative Parcel Map approval 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 recognise 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 . I : .’ NOW, THEREFORE -‘III consideration of the rt tals and the Q . 1 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 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 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. -3- REV 4-2-82 “, ‘O& - : ._’ L \ 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 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- REV 4-2-82 . 6. All obligati-‘ *i ‘c‘[. s hereunder shall termina 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 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 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 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 . . - 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 Earl H. Shultz and Karen L. Shultz State of California Husband and wife as joint tenants (name> \ BY Owner-Developer (Title) BY City Manager BY Owner-Developer (Title) ATTEST: APPROVED AS TO FORM: City Attorney . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 GENERAL ACKNOWLEDGMENT l,#U. 1542 No. 201 State of e On thisthe&dayof OkCPm 8 he 19&, before me, ss. Countyof 34N 01GGfi #~CUOL~S C RaNcHa the undersigned Notary Public, personally appeared i OFFlCiAL SEAL NICHOLAS C. BANCHE 1 NOTARY PlJ@LlC . C&F. ~&Cg’#lWEtj 8 conaks#n Expfres Jan 9,198a EMC U.SSULTi cd I(4@CM 1. 5HUL-q hd personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) A rCQ subscribed to the within instrument, and acknowledged that IW C !I executed it. ~~---rrrrr~~~aa~aH~ J WITNESS my hand and official seal. c- Notary’s Signature 7’10 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4825 l WOOdland Hills, CA Sl3M a . -a -..-.L . . /’ ’ ’ . . . ’ . EXHIBIT "A" LEGAL DESCRIPTION & 1543 PARCEL 1: THE SOUTHEASTERLY 50 FEET OF THE REAL PROPERTY STTUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DJEGO, STATE OF CALJFORNJA DESSCRTBED AS FOLLOWS: TJiAT PORTION OF THE TOWN OF CARLSBAD, IN THE COUNTY OF SAN DIECO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 365, FILED IN THE OFFICE OF THE COUNTY RECORDEH OF SAN DIEGO COUNTY FEBRUARY 2, 1887 AND THAT PORTION OF OCEAN STREET AS SHOWN ON SAID MAP, AS CLOSED TO PUBLIC USE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE SOUTHWESTERLY LINE OF STATE HIGHWAY, DTVJSTON VT1 ROUTE 2 SECTION “B” SHEET 18, APPROVED OCTOBER 17, 1912, AS’PER MAP ;)N FILE TN TH; OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY, DISTANT THEREALONG SOUTH 30”56’20” EAST 300.60 FEET FROM A POINT TN THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF BLOCK 14 OF SA.ID TOWN OF CARLSBAD. DTSTANT THEHf3JN SOUTH 55”27’ WEST 45.09 FEET FROM THE NORTHWESTERLY CORNER OF SATD BLOCK 14; THENCE ALONG SATD SOUTHWESTERLY LINE OF STATE HIGHWAY SOUTH JO”56’20” EAST 100.20 FEET TO AN JNTEHSECT~ON WJTH THE SOUTHWESTEKLY PROLONGATION OF THE SOUTHEASTERLY LTNE OF SAID BLOCK 14; THENCE SOUTH 55’27’ WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHERLY ALONG SAID MEAN HTGH TTDE LINE TO A LTNE WHICH BEARS SOUTH 55”27’ WEST FROM THE POINT OF BEGINNING; THENCE NORTH 55’27’ EAST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING BETWEEN THE WESTERLY LINE OF STATE HIGHWAY, DTVTS’ION VTI, ROUTE 2, SECTTON 8, 11 B . SHEET 18, APPROVED OCTOBER 17, 1922 AND THE WESTEKLY LTNE OF OCEAN STREET AS SHOWN ON SAID MAP NO. 365. ALSO: EXCEPTING FROM SAID ABOVE DESCRJ BED PROPERTY ANY POHTlON THEREOF HERETOFORE LYING BELOW SAID ORDINARY HIGH TIDE OF THE WATERS OF THE PACIFIC OCEAN, PARCEL 2: THE NORTHWESTERLY 20 FEET OF THAT PORTTON OF CARLSRAD, J N THE COUNTY OF SAN DIEGO, STATE OF CALIFORNJ.A, ACCORDING TO MAP THEREOt 365, FILED IN THE OFF-ICE OF COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 2, 1887, BOUNDED ON THE NORTHWEST BY THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF BLOCK 14 OF SATD CARLSBAD: ON THE SOUTHEAST BY THE SOUTHWESETEHLY EXTENSION OF THE NORTHWESTERLY LINE OF BLOCK 19 OF SAID CARLSBAD ON THE SOUTHWEST BY THE LTNE OF ORDINARY HIGH TIDE OF THE WATERS OF THE PACJ.FJC OCEAN; ON y1” NORTHEAST BY THE SOUTHWESTERLY LINE OF OCEAN STREET. SAID SOUTHWESTEKLY LINE BEING DESCRIBED AS FOLLOWS: ,., I.’ - . ’ .a - ~,.oa~ 1544 BEGINNING AT A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF BLOCK 14 OF CARLSBAD DISTANT THEREON SOUTH 55'27' WEST 69.56 FEET FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK 14 BEING THE MOST EASTERLY CORNER OF THAT PORTION OF OCEAN STREET VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF BOARD OF SUPERVISORS' OF SAN DIEGO COUNlY, A COPY OF WHICH WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 14, 1948 AS FILE NO. 4076 IN BOOK 2614, PAGE 255; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID CLOSED PORTION OF OCEAN STREET SOUTH 30"56'20" EAST TO THE SOUTHWESTERLY PROLONGATION OF THE CENTER LINE OF OAK STREET AS SHOWN ON SAID MAP NO, 365. EXCEPTING THEREFROM SAID ABOVE DESCRIBED PROPERTY ANY PORTION THEREOF IIFRETOFORE LYING BELOW SAID ORDINARY HIGH TIDE OF THE WATERS OF THE I’ACI FIG OCEAN