HomeMy WebLinkAboutCP 271; Vinedale Development Corporation; 84-415248; Public Facilities Fee Agreement/Release743
84-415248
Recording Requested By
and Return To:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
RcCQHDLD iN ;
OFFICIAL RECORDS
lOFSANDIEGOCOUNTY.C'V
IS8I NOV -2 PH 2- 57
VEnA L.L: i £ f
COUNTY RECUP.Of.R
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and ~ ~ ;~~
Vinedale Developnent Corporation
required by an Application for CP-271/CT 84-3
Tentative Tract Map & Condominium Permit and recorded on
January 30, 1984 as Document No. 84-036009
is hereby released for the following reason:
/»? Fees Paid and Obligation Satisfied
/~7 Application Withdrawn
I~T Other
DATED: October 22, 1984
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
APPROVED AS TO FORM: /APPROVED
VINCENT F. BIONDO,(JR.,
City Attorney ^~ By
By
CITY OF CARLSBAD
RANK D. ALESHIRE,
City Manager
STATE OF CALIFORNIA)) ss.
COUNTY OF SAN DIEGO)
744
On ^fett^j cJ-j /fS-^ / before me the undersigned, a Notary
Public in and for said State, personally appeared Frank D. Aleshire,
known to me to be the City Manager of the City of Carlsbad, a Municipal
Corporation of the State of California, known to me to be the person
who executed the within instrument on behalf of said Municipal
Corporation, and acknowledged to me that such City of Carlsbad, executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
KAREN R. STEVENS
Notary Public — California
Principal Office In
San Diego County
My Commission Enpre: Sept 27. 1385
RSCO'RDING REQUESTED BY'' RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
JAN 30 PH 2^
VERA L.Hlr
COUNT YHEICORDLR
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
NO FEE
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.& 'd O
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this
by and between
Vinedale Development Corporation
day of , 1 9 _%(/
a s a corporation
(Corporat ion, partnership, etc.)
"Developer" whose address is
2125 Redcap Court
(Name of Developer)
, hereinafter referred to as
.Street)
Encinitas.92024
and
(City, State, Zip Code)
Percy D. & Lucille A. Cloud
(Name of Legal Owner)
a s individuals hereinafter referred to as
(Corporat ion, etc.)
"Owner" whose address is
5201 Shore Drive
(Street)
Carlsbad, CA 92008
(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 1200 Elm Avenue,
Carlsbad, California, 92008.
REV 4-2-82
. •„, 881
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
on said Property, which development carries the proposed name of
286 Chinquapin Ave Development
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of
19 , with the City a request for a Tentative Tract Map and Major
Condominium Permit:» — ___«__—-_^_^__^___^_^^__^_____^___—____________________________
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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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
-2-
REV 4-2-82
; - .882
WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose 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 and Owner 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 and Owner shall pay a fee for conversion of 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
-3-
REV 4-2-82
• .:; -Ov 883
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 and Owner shall pay to City a
public facilities fee in the sum of $1,150 for each mobilehome space
to be constructed nursuant 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.
2. The Developer and Owner 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 and Owner
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-
- -<• 884
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 and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities and services
sufficient t.o 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.
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.
REV 4-2-82
J V.885
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, Owner and the City, and references to Developer, Owner
or City herein shall be deemed to be referen.ce 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.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
9. This agreement shall be recorded 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.
-6-
4-2-82
886
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
/ WiL-trC^l . 4)
DEVELOPER:
BY Percy D. Cloud, Owner
BY Lucille A. Cloud, Owner TITLE President. Vinedale Develcfement Corp.
BY James E. Vine }Jc^—^ r ^t/**.—^
TITLE Secretar/y-yfeasurer6-ytea:
ATTEST:
Vinedale Development Corporation
CITY OF CARLSBAD, a municipal
corporation of the
State of California
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached. )
-7-
REV 4-2-82
,t
kl
M
X
III
i
CAT. NO. NN00627
TO 1944 CA (1-83)
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego
887 TICOR TITLE INSURANCE
On October 25, 1983
SS.
before me, the undersigned, a Notary Public in and for
said State, personally appeared ^rcy D. Cloud and Lucille fr. Cloud
______________ , personally known to me or
proved to me on the basis of satisfactory evidence to be
the person_L_ whose name s are subscribed to the
within instrument and acknowledged that t"ey exe-
cuted the same.
WITNESS my hand and official seal.
Signa
sF«>'-Km-f
'&
OFFICIAL SfiAl
LUELLA R. WATROUS
NOTARY PUBLK; CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Exp. NOT. 12. 1986
(This area for official notarial seal)
CAT. NO. NN00737
T<j ''J945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
• COUNTY OF San Diego
I TITLE INSURANCe
FAND TRUST
A TICOR COMPANY
SS.
I
w
i
?S. 1
Dale A. Buzza
On
said State, personally appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and James E. Vine ~~
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my handand official seal,,
before me, the undersigned, a Notary Public in and for
Signati^e
OFFICIAL SEAL
LUELLA R. WATROUS
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
S X3SP1''1 My Commission Exp. No» 12. 1986
fewwWtfWVWIJVSWtfWtfWWW
(This area for official notarial seal)
; --0:
EXHIBIT "A"
LEGAL DESCRIPTION
The Northeasterly 20 feet of Lot 1 and all of Lot 2 in Block "S" of Palisades
No. 2, City of Carlsbad, County of San Diego, State of California, according
to map thereof No. 1803, filed in the Office of the County Recorder of San Diego
County, August 25, 1924.