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HomeMy WebLinkAboutMS 738; Security Pacific National Bank; 86-298177; Public Facilities Fee Agreement/Release, ,* - . . ~ RECORDING REQUESTED BY AND '.* :- ., ) 0 67’8 86-29_8377 WHEN RECORDED MAIL TO: i /E "rl'-"""~~_~~l'.~~, .- i .y .$$",h;~ . 7 “'I:.% ,. - & (\ \l.. . . CITY OF CARLSBAD 1200 Elm Avenue I 13% .Nl 18 A!! II: 32 Carlsbad, California 92008 ) VERAL.LYl..E I ruv RFC~ Space above this line for Recorded use J Signature of declarant determining tax-firm name City of Carlsbad Parcel No. fS6-/90 --I 3 . . AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 17tMay of June , 19 86 by and between Security Pacific National Bank, A National Bankinq Association as Trustee of Trust No. 44-5-01188-o for Lyn M. Law, also known as Opal V. (name of developer-owner) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) “Developer” Whose address is 9696 Miramar Road, P.O.Box 261148, (street) San Diego, CA 92126 (City, state, tip code) and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as nCity", whose address is 1200 Elm Avenue, Carlsbad, 92008. W ITNESSET H: WHEREAS, Developer is the owner of the real proper-t Exhibit "A". l 9 attached hereto and made a part of this agreement, hereinafter . a referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: - ,h’ OJ 679- on said Property, which development carries the proposed name of Minor Subdivision No. and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 86 , with the City a request for a minor subdivision , 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 22, 1986, on 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. ' c NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: -2- REV 4-22-86 , 0 680 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2.5% 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 of existing building or structures into condominiums in an amount not to exceed 2.5% of tne 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 tne 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 the City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. Tne 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. 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 'a- Paragraph 1 above. If Developer offers to donate a site or sites for public -3- REV 4-22-86 : * . . 0: 68,4 !. 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 tne 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. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. -4- REV 4-22-86 7. Any notice from one party to the other shall be in writing, and snail 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 SeWed 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. Tnis agreement shall be binding upon and shall ensure 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 4-22-86 . I . . - . k- 683 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY DF CARLSBAD, a municipal corporation of the State of California Bknking t'1 No. BY A!!@ - MARTIN ORENYAK Community Development Director For FRANK D. ALESHIRE City Manager (Title) De1 Bradford, VICE PRESIDENT . ATTEST: c (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) : -6- ’ I REV 4-22-86 i’ .I . * \ V 684 STATE OF CALIFORNIA ss. COUNTY OF San Diego On June 18. 1986 , before me, the undersigned, a Notary Public in and for said State, personally appeared D. B. Bradford personally known to me or proved to me on the basis of satisfactory evidence to be a Vice President, and Diana L. Redman known to me or proved to me on the basis of satisfactory evidence to be a Sr. Real Estate Officer of the SECURITY PACIFIC NATIONAL BANK,the association that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNES (Seal) 030874 8-83’ 25 PS Bank Officer’s Notarial Acknowledgement .- EXHIBIT "A" LEGAL DESCRIPTION All that portion of Tract 119 of Carlsbad Lands in the County of San Diego, State of San Diego, according to Map No. 1661 filed in the office of the County Recorder of San Diego County March 1, 1915, described as follows: Beginning at a point in Easterly line of said Tract 119 distant thereon South 34 degrees 33 minutes East 815.02 feet from the most Northerly Corner of said Tract 119; thence continuing along the Easterly line of said Tract 119; South 34 degrees 33 minutes East 180.3 feet to the Northwesterly line of the land described in deed to Augustus Wakeman et ux, dated September 22, 1926 and recorded April 19, 1926 in Book 1270, Page 275 of Deeds; thence at right angles South 55 degrees 27 minutes West along the Northwesterly line of said land described in deed to Wakeman and along the Northwesterly line of that land described in Deed to J. H. Deardorff et ux, recorded April 28, 1923 in Book 934, Page 259 of Deeds, 663.51 feet, more or less, to the Westerly line of said Tract 119, said point being also the Northeasterly corner of Tract 117, as shown on said Map No. 1661: thense North 0 degrees 52 minutes West along the Westerly line of said Tract 119, a distance of 216.92 feet to the Southwesterly corner of the land described in deed to Homer Lehr Goddard, et ux, recorded June 13, 1942 in Book 1356, Page 302 of Official Records; thence North 55 degrees 27 minutes East along the Southeasterly line of Goddard's land, a distance of 543.21 feet to the point of beginning.