HomeMy WebLinkAboutCT 81-05; SMITH, CECIL; 90-585888; Public Facilities Fee Agreement/Release•*>g o 5 8 s a_. ,*** ^ »/ u U U
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue "
Carlsbad, CA 92008
1905
m m 23 n 12- so
I VERA L- LYL£r.
! COUNTY HtCCmOtrf
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
_
AR2A30,
MGU30
PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities
Fees between the City of Carlsbad and Smith. Cecil fs?-«fil
required by an Application for
and recorded on
10/21/82
hereby released for the following reason:
[YX> Fees Paid and Obligation Satisfied
\ } Application Withdrawn
EH Other
, as Document No. 82-323923 is
Dated:October 5, 1990
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM
MARTIN
Community Development^&irector
DEPUTY CITY ATTORNEY
VINCENT F. BIONDO, JR.
City Attorney
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
1906
s s
On October 11, 1990 , before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
Rautenkranz known to me to be the City Clerk
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, California, executed the same.
WITNESS my hand the official seal.
OFFICIAL SEALKAREN R. KUNOTZ
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
SAN OIEGO COUNTY
My. Comm. Ex(X Sept 27.1993
REQUESttD BY 2368 86-135096
Recording requested by and,
when recorded, mail to:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
i355 APR -8 AN l|: 00
PARTIAL RELEASE OF
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE
CITY OF CARLSBAD FOR THE PAYMENT OF A
PUBLIC FACILITIES FEE
This Partial Release is given as of this 10th day of
January , 1986, by the City of Carlsbad, a municipal
corporation of the State of California, herein "City".
WHEREAS,Cecil Smith and City
executed that certain Agreement between Developer-Owner and the
City of Carlsbad for the payment of a Public Facilities Fee dated
October 7, 1982 herein the "Agreement", which
Agreement was recorded in the office of the San Diego County
Recorder on October 21. 1982 , as Instrument No. 82-323923:
WHEREAS, said Agreement was made in connection with a
request for Tentative Subdivision Map 81-5 ;
WHEREAS, that certain real property located in the City
of Carlsbad described as:
Lot 1 of Parcel Map .•.".*• No.14028 in
the City of Carlsbad, according to map thereof •
filed in the office of the San Diego County Recorder on
November 18, 1985 ,
herein the "Property", is subject to said Agreement;
WHEREAS, the current owner and developer of the property
has paid to City all facilities fees on the Property in accordance
with the terms and conditions of said Agreement; and
WHEREAS, the current owner and developer of the Property
desires to have the Property released from the charge and effect
of said Agreement;
NOW, THEREFORE, City hereby releases the property from
the charge and effect of said Agreement, and the same is hereby
withdrawn and discharged.
This is a Partial Release only, and shall not be deemed a
release, withdrawal, or discharge of any owner-developer's
obligations under said Agreement as to Lot 2 & 3 of Parcel
Map No. 14028 ".
IN WITNESS WHEREOF, this Partial Release is executed as
of the date first above written.
CITY OF CARLSBAD, a municipal
corporation of the State of
California,
By:
City Manager
ATTEST;
City Clerk
STATE OF CALIFORNIA)) ss.
COUNTY OF SAN DIEGO)
On <iZ~e2-i^x. -y /7<r}>' , before me the undersigned, a Notary
Public irfand for-'said State, personally appeared F.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 J
KAREN R. KUNDTZ J
NOTARY PUBLIC-CALIFORNIA J
SAN DIEGO COUNTY *
My Comm. Exp. Sept. 27, 1989 J
******************************
'RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
I82-32323
OFFICIAL HE'-P-HS
OFSANDiESQCC'WfY.CA.
1382 OCT 21 AH & 55
MO FEE
Space above this 1 ne'Ft' Rt-fruer s use
Documentors trans f/er/t a>c: $ N o f e e
Signature of declarant determining
t ax-f irm name
City of Carlsbad
Parcel No.A -
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 7thday of Oc-hnhpr » 1982
by and between Cecil A. Smith
(name of developer-owner)
an individual , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 6452 Avenida Manana,
(street)
La Jolla, CA 92037 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenu e,
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
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
Development of 23.6 acres in Commercial&Tourist Commercial uses
PEV 4-2-82
1041
on said Property, which" development carries the prs.«^osed name of
Carlsbad Tract 81-5
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the S d ay of February
1981 , with the City a request for approval of a Tentative Subdivision
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 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 mee't 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.
-2-
REV 4-2-82
1042 -•NOW, THEREFORE, , ,1 consideration of the rec^als 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 wh i c h 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
1043^
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
1044
• *6.. All obligatio hereunder shall terrainat 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^jby 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 atthe
•
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
104;
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
CECIL SMITH
(n aine,,)
BY
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
(Title)
ATTE-ST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
B', A&istan*
VINCENT F. BIONDO, JR.,
City Attorney
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO
OFFICIAL SEAL
ELLEN E, GRIFFITH t
NOTARY PUBLIC-CALIFORNIA t
SAN DIEGO COUNTY »
My Commission Expires Doc. 18, 1984 *
ss.
before me, the undersigned, a Notary Public in and tor said State, personally appearedC.tJL\\ k.'rvmv^vv
to be the person whose name 1 &
and acknowledged to me that he executed the same.
WITNESS my hand and official seal.
, known to me,
subscribed to the within Instrument,
ACKNOWLEDGMENT-General—Wolcotts Form 228-Rev. 3-64
Notary Public in and ror»said State.
• f *" * I•»»*'*
EXHIBIT
LEGAL DESCRIPTION
THOSE PORTIONS OF THE EAST HALF OF THE NORTHEAST 9JARTEP OF SECTION 29 AND
THE WEST HALF OF SECTION 28. ALL IN TOWNSHIP 12 SQJTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN. IN THE CITY OF CARLSBAD. IN T-3E C3UNTY OF SAN DIEGO*
STATE OP CALIFORNIA. ACCORDING TO OFFICIAL PLAT TH£»EOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER DP THE EAST HALF QF THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 *?£ST, THENCE ALONG THE
NORTHERLY LINE OF SAID EAST HALF OF THE NORTHEAST 3UARTER« NORTH 89°53*20"
EAST '294.68 FEET TO THE BEGINNING 0? A TANSENT CU*VE C3NCAVE
SOUTHWESTERLY HAVING A RADIUS OF 600.00 FEET AND T-4? TRUE POINT OF
BEGINNING OF THE HEREIN LAND; THENCE SOUTHEASTERLY ALONG SAID CURVE.
THROUGH A CEMTR'AL ANGLE OF 630iO"^i8' AN ARC DISTANCE OF 661.60 CEET;
THENCE TANGENT TO SAID CURVE SOUTH 26°50»59" EAST 389.48 F£ET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS 3F 1700*00
FEET; THENCE SOUTHERLY ALONG SAID LAST tfENTIDNEf) CJRVE. THROUGH A CENTRAL
ANGLE OF 9°37'29" AN ARC DISTANCE 0? 285.57 FEET; THENCE TANGFNT JO SAID
LAST MENTIONED CURVE SOUTH i7°i3*30" EAST U87.3& FEET TO THE BEGINNING on
A TANGENT CJRVE CONCAVE WESTERLY HAVING A RADIUS OF 1250.00 FEET; THENCE-
SOUTHERLY ALONG SAID LAST MENTIONED CURVE. THROUGH A CENTRAL ANGLE OF
23°30iOO'< AN ARC DISTANCE OF 512.69 FEET T3 THE BEGINNING OF A REVERSE
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY
ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE 3F 20°00»00" AN
ARC DISTANCE OF 174.53 FEET; THENCE RADIAL T3 SAID LAST MENTIONED CURVE
NORTH 76°lb*3DM EAST 2A3.89 FEET; THENCE N3RTH 13=H6MO" WEST 48.75 FEET
TO AN ANGLE POINT IN THE BOUNDARY OF LAND CONVEYED TO TM£ STATE OF
CALIFORNIA FOR FREEWAY PURPOSES AS DESCRIBED IN PARCEL 3-B AMENDED IN *
FINAL ORDER OF CONDEMNATION. RECORDED JULY 18, 1963, FILE ND. 125395 OF
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARf 3F S&S3 STATE LAND. AS
FOLLOWS:
NORTH 62°25'35H EAST 223.20 FEET -RECORD N3RTH 63°10»48" EAST 223.02
FEET-; NORTH 03°32*19M WEST 608.49 F£5T - RECORD N3RTH 02°50»55" WEST
608.36 FEET-; NORTH 22O17»46M WEST 528.38 FEET -RECORD NORTH 2l°37»49'(p
WEST 528.42 FEET-; NORTH 23°48'54M WEST 640.22 FEET -RECORD NORTH
28<>09«00M WEST 643.36 FEET-; NORTH 27°50t22M WEST 529.46 FEET -RECORD
NORTH 27°09»30" WEST 523.36 FEET-; AND NORTH 26°50'29tt WEST 478.39 FEET
-RECORD NORTH 26°10«00M WEST 478.32 FEET- TO A POINT ON THE NORTH LINE OF
SAID SECTION 29. THENCE AL3NG SAID WORTH LINE SOUT-J 89°58'23" WEST 646.0&
FEET TO THE POINT OF BEGINNING.
EXCEPT" THEREFROM THAT PORTION WHICH LIES WIT4IN PARCEL 3-B AMENDED OP THE
ABOVE DESCRIBED FINAL ORDER OF CONDEMNATION.,