HomeMy WebLinkAboutZC 239; Kelly, Robert; 81-274339; Public Facilities Fee Agreement/ReleaseAfte;- recording return to: . _ .
City of Carlsbad 1200 Elm Ave.
Carlsbad, CA 92008 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 May 20 ,
19 81 , by and between * (APN:212-040-19/Robert B. Kelly)
**(APN:212-040726/Tahnee Corp.) a Clafnrn7n rnw I (name of developer-owner) * sole owner I
a **corporation ,hereinafter referred to as
(Corporation, partnership, etc.i 1603 Tustin Ave ., Costa Mesa, CA 92627
"Developer", whose address is ** 3910 Chapman St.,San Diego, CA,92110
(street)
(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
Avenue, 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 b
WHEREAS, the Property lies within the boundaries of City;
and
WHEREAS, Developer proposes a development project as follows:
Both parcels, 212-040-19 & 26 will not, at this time, be subjected
to any lmprovement5. Both owners are-requesting that their parcels be rezoned from~+~$u(County) to M (City Industrial) and annexed
. to the City of Carlsbad.
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+-MAR 80
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on said Property, which development carries the proposed name
of N/A
and is hereafter referred to -as "Development"; and
WHEREAS, Developer filed on the Jb day of May I
19 81 , with the City a request for preannexational zone change from
CountYT-%@to city M zone for propertv located on the mb -ide of
Palomar Airport Road east Of ,L~u~&, .Tree -Rosa.
(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 August 29, 1979, 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, Devel.oper proposes
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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 2% of the building permit valuation
of the buildings 'or structures to be constructed in the Development
pursuant to the Request. The fee shall be paid prior to the
issuanc,e of building or other construction permits for the develop-
ment 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. . .
Developer shall pay a fee for conversion of existing buildings 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, 'exceptin 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 .
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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. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 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 t0 .
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 agree-
ment. 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
4. . .
261
be void. No building or other construction permit or entitlement
for use shall be issued until the public facilities fee required by
this agreement
4. City
agreement in a .
.
is paid.
agrees to deposit the fees paid pursuant to this .
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 De'velopment herein
described.
6. All obligations hereunder shall terminate in.*the event
the.kequests made by Developer are not approved.
7. Any notice from one party to
writing, and shall be dated and signed
,
.
the other shall be in
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 by 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 Deve.loper by
thereof to Developer or by depositing the same in
5. .
personal delivery
the United States .
. .
:a * I I ‘26 2
--
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 rec0rde.d but shall not create
a lien or security- interest on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
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IN WITNESS WHEPEOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
*(APN: 212-040-19/
CITY OF CARLSBAD, a municipal corporation of the State of California
. (Title)
By d&i-i&
A ** LulLCl4rC1 c-k L‘rCL? FAEIl&?,%.7 j-R/.f#v~~ cunf. . (Title) ,+ <.J~~F*~;~,A c&f.
ATTEST:
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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STATE OF CALIFORNIA 1. 264
^a COUNTY OF SAd L?k-o ss.
_____
5
1
t On this cfb * day of /+% _, d!!-, before me A7-A r G04-+5
t
2 a Notary Public in and for said State personally appeered- / /XC/R /1 I (i-ix
,” 2 known to me to be the flfc 5 - President, and 0m
Z 2 known to me to be the Secretary of--- CO g:u the corporation that executed the within instrument and known to me to be the persons who executed the within iia.2 0 2 instrument on behalf of said corporation, said corporation being
Bc += J known to me to be one of the partners of .o ‘t EP 7-49#NvE-E- CQ 1 P
gz the partnership that executed the within instrument, and acknowl-
;.$ edged to me that such corporation executed the same as such
-f partner and that such partnership executed the same.
WITNESS my hand and official seal. a
Signature & yu
30. 1983
I4 AT/p J- zfOA#+.s
Name (Typed or Printed) (This area for oficiai notarial seal)
STATE OF CALIFORNIA
Sd L2FCi-a SS.
COUNTY OF _____
before me, the undersigned, a Notary Public in and for
said State, personally appeared
-
known to me to be the person- whose name
subscribed to the within instrument and acknowledged to me
rhat- /u’r executed the same.
WITNESS my hand and official seal.
Signature &idILaLs
Are J mm5
Name (Typed or Printed) (This area for oi3cial notarial seal)
265
EXHIBIT "A"
LEGAL DESCRIPTION:
APN: 212-040-26
That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres on Record'of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Ranch0 Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of the San Diego County, November 16; 1896, described as follows:
Beginning at the most Southerly corner of said Parcel 3; thence along the Northeasterly line of Parcel 3, North 39O35'10" West, 1666.97 feet to the intersection with the center line of County Road Survey 1534 as shown on said Record of Survey Map No. 2715, being a point on the arc of a 1200 foot radius curve, concave Southwesterly in said center line, a radial line of which bears North 26O52'26" East to said point; thence Northwesterly along the arc of said curve through a central angle of 13052'31" a distance of 290.60 feet to Engineer's Station 99 plus 50.00 of said Road Survey 1534 thence along a radial line of said curve, South 12058'19" West to the Southwesterly line of said parcel designated "Description 3" being the True Point of Beginning thence.retracing North 12 058'19 East to said 1200 foot radius curve in the center line of County Road Survey 1534; thence Westerly along said curve, 39.26 feet to the Westerly end thereof; thence along said center line tangent to said curve North 78o54'09" West 110.74 feet thence Southerly in a straight line to the most Northerly corner of that parcel of land designated "Description No. 5 10364 acres" on said Record of Survey Map No. 5715; thence along the Northeasterly line thereof, being the Southwesterly line of said "Description No. 3", South 57O12'36" East to the True Point of Beginning.
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. . l 266 81-274339
EXHIBIT nA" FILE/PdGE NO.
LEGAL DESCRIPTION:
APN: 212-040-19 OFFICIAL FisL(:ORDS SAM DIEGO C3liti?f. CA, 'VERA LYLE All that portion of that certain parcel of land shokrfi,._ ,JFR designated as & "Description No. 3, 78.07 acres" on Record of MC! WI
Survey Map No. 5715 filed in the office of the County Recorder Of said San Diego County, December 19, 1960, being a portion of Lot "G" of the Ranch0 Aqua Hedionda, in the County of San Diego, State of California, according to the Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1896, described as follows:
Beginning at an angle point in the boundary of said parcel of land shown on Record of Survey Map 5715, said angle point being formed by the courses shown thereon as "North 41O21'46" West, 1086.50 feet" and "North 57O12'36" West, 505.80 feet": thence along the boundary of said parcel of land the following courses and distances; South 41O21'46" East, 1086.50 feet; South 79020'21" East, 377.94 feet, and North 39035'10" West, 1666.97 feet to the intersection with the center line of County Road Survey 1534 as shown on said Record of Survey Map 5715, being a point on the arc of a 1200.00 foot radius curve, concave Southwesterly in said center line, a radial line of which bears North 26051'26" East to said point: thence Northwesterly, along the arc of said curve, through a central angle of 13O52'31", a distance of 290.60 feet to Engineers Station 99+50.00 of said Road Survey 1534; thence, along a radial line of said curve, South 12058*19U' West, to the inter- section with the boundary of said parcel of land designated "Description No. 3, 78.07 Acres"; thence along said boundary, South 57012'36" East, to the point of beginning.
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