HomeMy WebLinkAboutMS 98-07; Dabbs, Kenneth and Carolyn; 1998-0601187; Public Facilities Fee Agreement/Release, *
. - DOC + 1998-0601187
SEP 21s 1998 4:30 PM
‘7 30 ffFICIfiL RECORD!3 Hi DIEGO t!llNTY REUXRER’S OFFICE mm @ITH, cuut®a?DER : .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
City Clerk 1 CITY OF CARLSBAD ) 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-l 989 1
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1998-0601181
Space above this line for Recorder’s use
P~celNo. 167-250-04
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 15th dayof April .19 98 )
by and between (name ofdeveloper-owner) Kenneth R* & Caro1yn L* Dabbs
a (corporation, partnership, etc.) married coup1e , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 3 160 Donna Drive -- P.O.Box 619
Carlsbad, CA 92018 and the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village
Drive, Carlsbad, California, 92008- 1989.
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 proposed a development project as follows:
Lot Split on said Property, which
Form Approved By City Council July 2, 1991
Resolution No. 9 l-1 94KJH
1 Form 17
Per Jane Mobaldi, Rev. 01/l l/96
1)
. . . -
. I?31
development carries the proposed name of Dabbs Parcel Map
and is hereafter referred to as “Development”; and
WHEREAS, Developer tiled on the 15th day of April ,19 g8 ,
with the City a request for 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 July
2, 1991, 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.
NOW, THEREFORE, in consideration of the recitals 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
3.5% 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
Form Approved By City Council July 2, 1991 2 Form 17
Resolution No. 91-194KJH Per Jane Mobaldi, Rev. 0111 l/96
Municipal Code. Developer shall pay a fee for conversion of existing building or structures into
condominiums in an amount not to exceed 3.5% 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 the 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 2 1 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 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 be- come 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.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
3 Form 17
Per Jane Mobaldi, Rev. 01/l l/96
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 Request made by Developer is
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 many 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 City, and references to Developer or City herein
shall be deemed to be a 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 to
Developer’s interest in the property shall have first assumed in writing the Developer’s obligations _
hereunder.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
Form 17
Per Jane Mobaldi. Rev. 01/l l/96
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.
. . .
Form Approved By City Council July 2, 1991
Resolution No. 91- 194/KJH
Form 17
Per Jane Mobaldi, Rev. 01/l 1196
., . .
, 4
IN WITNESS WHEREOF, this agreement is executed in San Diego County. California as of the
date first written above.
DEVELOPER-OWNER:
DABBS
(Name of Developer)
(signature)
&rQr J-it] tf. JQ%%3 5
(pi+ name)
CITY OF CARLSBAD, a municipal corporation
ATTEST:
c ,&&w
ASTI~~W~+@T~NZ. City Cier#
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
cm LJ c7-J&&n_s print name) J
Ddfi c&f I
(title)
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
(President or vice president A- secretary or assistant secretary must sign for corporations. If only one
offer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
Form Approved By City Council July 2, 1991
Resolution No. 91-l 94/KJH
6 Form 17
Per lane Mobaldi. Rev. 01/l 1196
\ . .
,
EXHIBIT “A”
LEGAL DESCRIPTION
All that portion of the Northwest Quarter of the Southwest Quarter of section 32, Township 11
South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California,
according to United States Government Survey, described as follows:
Commencing at the Southwest corner of the Northwest Quarter of the Southwest Quarter of said
Section 32: thence South 89O 12’ 20” East along the Southerly line thereof 990.04 feet to the
Southeast corner of land described in deed to Carl L. Bernhardt, et ux, recorded April 9, 193 1 in
Book 1884, Page 132 of Official Records: thence along the boundary thereof North OO” 56’ 20”
East, 440.00 feet: and North 89O 12’ 20” West, 462.67 feet to the True Point of Beginning:
thence South OO” 47’ 40” West, 106.09 feet: thence South 45O 47’ 40” West, 152.84 feet:
thence North 44O 12’ 20” West, 114.14 feet: thence North 66’ 42’ 20” West, 74.38 feet:
thence North 89O 12’ 20” West, 38.32 feet: thence North OO” 47’ 40” East, 105.00 feet, more or
less, to the intersection with the boundary of said Bernhardt’s land: thence along the boundary
of said land South 89O 12’ 20” East, 295.83 feet to the True point of Beginning.
Form Approved By City Council July 2, 1991 7 Form 17
Per Jane Mobaldi, Rev. 01/l l/96 Resolution No. 91-194/KJH
-
STATE OF CALIFORNIA
’ '737
COUNTY OF SAN DIEGO
On q /Ip /q I!‘ before me, &ma 3
Notary Public, personally appeared n&L,~-,d,!,,i&~~~, l!2Z45b 3, [donally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) ismubscribed to the within instrument ‘and acknowledged to me that he/se
executed the same in his/h@7&&uthorized capacity(ies), and that by his/heagnature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and offkial seal.
- (Signature of Notary)
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
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- MAY 12,200O 1 -.~-_ -
Form 17
Per Jane Mobaldi, Rev. 01/l l/96