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HomeMy WebLinkAboutZC 300; Wersching, Jakob & Maria and Merli, George & Maria; 84-077469; Public Facilities Fee Agreement/Release.’ RECCRDING REQUESTED BY AND ,WHEN RECORDED MAIL TO: 1 [-,: / ! 1, i .. \ CIFF rc:i:l(- ;:L.,,i !/:r!s s OF SP ti l;,l:;:I ;::.‘I;‘] 1 y; ,p;, 1 CITY OF CARLSBAD i .I 695 MM -2 I;;! g: 2 3 1200 Elm Avenue Carlabad, California 92008 ) VC;.:. *L _:. I’, : : CO1.h i ; :. ,, j,;,’ ;:( / I --.-,.J gfN= Space above this line for Recorder's use Documentary transfer tax: $ No fee wu Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 167 - 100 -08 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12 day of December , 19c by and between Jakob and Maria Wersching, and George and Maria Merli (name of developer-owner) a not applicable , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 30772 Via La CreSta (street) Palos Verdes Peninsula, California 90274 (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 1 Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real prop 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: Residential Use. REV 4-2-82 * 1988 - _,_ on ,zai’d Property, which development carries the pr .#osed name of Not applicable and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the lgthday of February, 1982 , 1982 , with the City a request for . Annexation to CT~;V nf ~nr~,qh;l~ . hereinafter referred to as “Request”; and WHEREAS, the Public Facilities Element of the City General Plan requires thai 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 n,eeds 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 . ~ - ’ 1989 _ ‘. NOW, THEREFORh, in consideration of the r<citals 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 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 . - 3 * 1 - . -’ 1990- 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- . ’ 1991 . - * . y 6. All obligat ns hereunder shall termin e 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 . -, . . - Jc 199L . -, . L IN WITNESS WHEREOF, this agreement is executed in San Diego County, California aa of the date first written above. DEVELOPER-OWNER: A CITY OF CARLSBAD, a municipal corporation of the State of California BY (Title) ATTEST: . APPROVED AS TO FORM: r VINCENT F. BIONDO, JR., City Attorney , (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) B c -6- REV 4-2-82 STATE OF CALIFORNIA . COUNTY OF- S.S. On this the=day ofl?&tZ31981rbefore me, the undersigned, a Notary Public in and for said County and State, personally appeared Jakob Wersching proved to me on the basis of satisfactory evidence to be the person&)-whose name j S subscribed to the within instrument, as the Attorney-in fact of . It-m? &?zh and acknowledged to me tha &subscribed the name - of thereto as orincioal -and own name-as Attorney-in fact. 7 -r-~- Signature Tordis Paplow 1 STATE OF CALIFORNIA COUNTY OF San Diego I S.S. On this the 23 day ofl!&nxD&198bbefore me, the undersigned, a Notary Public in and for said County and State, . personally appeared JEllCbtIWer&b, 8 SAFEW FOR NOTARY SEAL OR STAMP --Lb,- ---& - JFFICIAL SEAL +f C NOTARY PUBLIC - CALIFORNIA p _-- TORDIS PAPLOW t S4N DIEGO C0UNlY MYraI K IwIt. exPire.s DEC IS, 1987 8 SAFE00 FOR NOTARY SEAL OR STAMP proved to me on the basis of satisfactory evidence to be the person@-whose name i S subscribed to the within instrument, as the Attorney-in fact of Maria Merli and acknowledged to me tha &subscribed the name - of MariaMerU thereto as Signature -GENERAL ACKNOWLEDGMENT TORDIS PAPLOW NOTARY PUBLIC - CALIFORNIA NO. 201 County of On this the 13 day of%)%C~%K-+~QK 19SZefore me, ; cyc-\e , the undersigned Notary Public, personally appeared q personally known to me m proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that WITNESS my hand and official seal. Awxecuted it. 7llO 122 NAlWNAL NOTARY ASSOCIATION l 23Ol2 Ventura Ehrd. l F!O. Box 4525 l Wwdland Hills. CA 91354 w’ : ,‘. “.. -, . ,’ . j. ~ ’ r EXHIBIT "A" LEGAL DESCRIPTION Assessor Parcel Number: 167-100-08 Appian Road/Ranch0 Aqua Hedionda Parcel 1: That portion of Lot "J" of the Ranch0 Agua Hedionda, in the County of San Diego, State of California, According to partition map thereof No. 823, filed in the Office of the County Recorder of San Diego Count, November 16, 1896. Parcel 2: An easement and right of way for road, sewer, water, gas, power and telephone lines and appurtenances thereto over, under, along and across a strip of land 200.00 feet in width in Lot "J" of the Ranch0 Agua Hedionda, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of County Recorder of San Diego County November 16, 1896.