HomeMy WebLinkAboutV 345; Ocheltree, Wesley and Lois and Silva, Tessa; 82-361931; Public Facilities Fee Agreement/Release. - 1437
RECO&ING 'REQUESTED BY A<K)-'~ >
WHEN RECDRDEI) MAIL TO:
,'
CITY OF CARLSRAD > 1200 elm Avenue
Carlshad, California 92008 ; 1352 NOY 23 pi 1: 4 1
I VEi? A t.. :, c :.- E NO FEE I Space above this li.~!W!JXQ36&&~ls use
A.
J’2-361931
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REC.Cni\:[J l}J -- OFFK!+$L FEt:t:!~&~ OF SAN C:cm L"u.j~i?';:~,j. I
Signature of declarant determining
tax--firm name
City of Carlsbad
--
Parcel No. 205-060-13
---- AGKEEXIFNT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSRAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE -----
- _- --
THIS AGREEMENT is entered into this 15thday of November ^- - I 1982
by and between - WESLEY E. OCHELTREE, LOIS H. OCHELTREE, AND TESSA SILVA, trustees
-K&e of developer-owner)
a ~kllP~S hereinafter referred to as
(Corporation, II_- partnership,etc.)'
"Developer" whose address is 3335 Valley St., -- (street)
Carlsbad, Calif
(City, state, zip code)
92008 and THE CITY OF
CARLSHAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, 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:
Frontage on proposed James Dr. extension for future lot using excess land from ---
REV 4-2-82 3335 Valley St. Lft+e I A-A.JCG
: , .- . 1438 - on said Property, whit., development carries the proposed name of
and is hereafter referred to as "Development"; /
WHEREAS, Developer filed on the 15th day
and
of November ,
1982 , with the City a request for variance for use of frontage of
back of the land. i!+y--
hereinafter referred to as MRequest"; 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 proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
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REV 4-2-82
.
7 a.‘+- 1439
.NOW, THEREFORE, .I consideration of the ret :als and the
covenants contained herein, the parties agree as foll.ows:
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 permi.ts 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.
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REV 4-2-82
’
’ 1440
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
lY4l .
. . ,- I ’ 6. All obligatic- hereunder shall terminat-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
WESLEY E. OCHELTREE, LOIS H. OCHELTREE and corporation of the
TESSA SILVA, Trustees State of California
“F ‘: 4 L&?&St/ F
(n am,b>
By~&$&/$ti~$&u&&BY
City Manager
(Title)
(Title)
ATTEST:
c lGk-k-
ALETHA L. RAUTENZRANZ, City Clerk
APPROVED AS TO
.
VINCENT F. 'BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.) !
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REV 4-2-82
.-
STATE OF CALIFORNIA 1 ’ L
COUNTY OF- San Diego ss.
f L -0 November 15, 1982 before me, s * the undersigned, a Notary Public in and for said County and State, s “h i personally appeared Wesley E. Ocheltree, trustee, Lois H. i e: Ocheltree, trustee and Tessa Silva, trustee
B , known to me
a to he the person -whose name S S are subscribed to the > within ipstrument and acknowledged that they executed the
1443
8 SAFECO
FOR NOTARY SEAL OR STAMP
“I, .L “Lrl-\L
A. EDWARDS 2 ; ()FFlf’lAl CFAI l
l * BETTYE
$ NOTARY PUBLIC-CALIFORNIA :
: SAN DIEGO COUNTY +
..se***++ My Commission Expires Nov. 25. 1983: l ***************~**4*
E X H I B I T "A" 144”
LEGAL DESCRIPTION
A Portion of Tract 123 of Carlsbad Lands, Map No. 161 in the City of Carlsbad,
County of San Diego.
The land referred to herein is situated in the State of California, County
of San Diego, and is Described as follows:
That portion of tract 123 of Carlsbad Lands, in the City of Carlsbad,
in the County of San Diego, State of California, according to map thereof
No. 1661, filed in the office of the County Recorder of San Diego County,
described as follows:
Commencing at the monument marking the intersection of the Center Lines
of Basswood Avenue and Valley Street as Shown on the Map of Thum Lands,
according to the map thereof No. 1681, filed in the Office of the County
Recorder of San Diego County; thence South 50°05'20" West along the center
line of Basswood Avenue, 517.77 feet; thence North 31O12'20" West, 265.71 feet t
to the true point of beginning; thence continuing North 31012'20" West, 55.63 feet;
thence North 55028'10" East, 357.08 feet; thence south 34O31'50" East, 21.00 feet;
thence North 55O28'10" East, 140.00 feet to the center line of said Valley Street;
thence South 34031'50" East, (Record - South 34'33'00" East) 50.99 feet to
a point distant thereon North 34°31'50" West, 200.46 feet from said
intersection of said Center lines above referred to: thence South 57°21'13'West,
500.58 Feet, More or Less, to the true point of beginning.
,
RSCOR;)ING REQUESTEI? w
W AUG 16 P/j 12: 5 1 WHEN RECORDED MAIL TO:
Tessa Silva
2030 Chestnut Avenue
Carlsbad, California 92008
~umn:Xy k :mmrw Tor. $ onsideratimthan $100.00 -- 1 -'+-CA conveyed. f--J catr.p&J o?) value 01 1:1 '
f--J Cc~p~&2c! on dw d i;:cxst conveyed IeSS liens .
TAX ROLL PAR&L NO.
)r 205 060 13 00 GRANT DEED
TESSA SILVA, a married woman as her sole and separate
property, as to an undivided one-half interest, and WESLEY
OCHELTREE and LOIS H. OCHELTREE, husband and wife, as community
property , as to an undivided one-half interest, hereby grant to
WESLEY E. OCHELTREE, LOIS H. OCHELTREE, and TESSA SILVA, Trustees
of that certain real property situated in the City of Carlsbad,
County of San Dieqo, State of California, described as follows:
That portion of Tract 123 of CARLSBAD LANDS, in the City of Carlsbad, County of San Dieqo, State of California, according to * the Map thereof No. 1661, filed in the Office
of the County Recorder of San Dieqo County.
4.+ ; 3 6, /-i:;.,i*
DATED:J.%cw
--
/I
n
!PESSA SILVA
MAIL TAX STATEMENTS TO:
Tessa Silva 2030 Chestnut Avenue Carlsbad, CA 92008