HomeMy WebLinkAboutCT 81-37; ANDERSON, ARTHUR/HOFFMAN, JAY; 88-456839; Public Facilities Fee Agreement/ReleaseRecording Requested By
and Return To:
'CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
0950
RF4.00,
AR2.00
MG 1.00
88 456339
IN
88SEP 12 AH9M6RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES [jttfef y fecORpfg f
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Anderson, Arthur & Jay Hoffman (82-54)
required by an Application for CT-81-37/ZC-247/MHP-81-1
and recorded on
is hereby6/17/82 , as Document No. 82-187229
released for the following reason:
IHI Fees P31'^ anc^ Obligation Satisfied
[~| Application Withdrawn
Other Camino Hills Mobile Home Park - Fees not applicable
DATED: 8/25/88
ATTEST:
x^A^
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
F. BLQiJpO,xIR.
CITY OF CARLSBAD
MARTIN ORENYAK
* Community Development Director
0951
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On , before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
September 1, 1988
Rautenkranz known to me to be the City Clerk
of, the City of Carlsbad,a Municipal Corporation of the State of California,
kn&wn 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.
****«**»**»**********4********* -gg^ OFFICIAL SKAL J
* J^wll KAREN R- KUNDTZ J
* V£?3@^9 NOTARY PUBLIC-CALIFORNIA J
* \SSra?7 SAN DIEGO COUNTY $
My Comtn. txp. Sapt 27, 1*89 *
595 82-187229
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
np'"'r ,-;, i
1932'JUN 17 FM \2- 05
Space above th is 1 ine for Recui tier s use ^
Documentary trya^sfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
- PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this /Q day of
by and between . •
(Cor poration, partnership, e t c . )
"Developer" whose address is
_
(NameofDeveloper)'
, hereinafter referred to as
ess
th D /Z-
(Street)
(City,State,Zip Code)
(Nameof Legal Owner)
, hereinafter referred to
'• (Corpo ration, etc . )
"Owner" whose address is
(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 1200 Elm Avenue,
Carlsbad, California, 92008.
c: QO
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 f o Hows : /MQ /*>/(_
U
on said Property, which development carries .the proposed name of
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the %S? day of
19 }- f , with the City a request f o
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
REV 4-2-82
c n *-•? •-*.,UiJ (
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 27, 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
';•-... ;:;.; < 598 :;
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 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.
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-
DKV A-9-8?
: 599 ,-
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 to 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 Develo.per 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.
-5-
REV 4-2-82
600
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 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.
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
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
OFFICIAL SEAL
MARIE MC GETOQAN
NOTARY PUBLIC . CALIFORNIA 8
PRINCIPAL OFFICE IN
SAN OiEGO COUNT*
My Commisjion Expires November 19 J985
i****af*»»*'«W^^~
DEV
BY .
TIT.LE
BY
TITLE
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
APPROVED AS TO FORM
VINCENT' F. BIONDO, JR.,
City Attorney
(I
at
D
i
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Dl'e9°
May 17, 1982On _
State, personally appeared
Attorney
602
ss.
before me the undersigned, a Notary Public in and for saidArthur A. Anderson
~ ui- a
1! -L..3 J
_, known to me
Jo be the person whose name_
Hi W 'to ilie within instrument and acknowledged that_
(executed the same.
'WITNESS my hand and official seal.
subscribedhe
ra ••' ni i inr v
>, I (executed
I 'WITNE:
•SY
Signature
OFFICIAL SEAL
Mary L. Peters
NOTARY PUBLIC CALIFORNIAPRINCIPAL OFFICE IN
SAN DIEGO COUNTY
MY COMMISSION EXPIRES FEB, 4, 1985 '
Name (Typed or Printed)
(This area for official notarial seal)
C 603
LEGAL DESCRIPTION
That portion of Parcels 2 and 3 pf Par_cel Map No. 3451 in the City
of Carlsbad, County of San Diego/, SfeSTte of California as shown on
Parcel Map filed, on Page 3451 of Parcel Maps, on January 31, 1975
under File No. 75-023997, in the office of the County Recorder
of said County, described as follows:
Beginning at the Southeasterly corner of said Parcel 2; ther.ce,
N 88°59I38" W 687.56 feet along the Southerly line of said Parcel
2; thence, S 64058'15" W 30.00 feet; thence, N 1°09'22"E 311.02
more or less to the Northerly line of said Parcel 3; thence,
Easterly along the Northerly line of said Parcels 2 and 3,
N,87°27'37"E 138.52 feet thence, S 2O32'23"E 10.00 feet; thence,
N 87°27'37" E 358.86 feet to the beginning of a curve concave to
the South and having a radius of 960.00 feet; thence, Easterly
along said curve through a central angle of 11 49'58", a distance
of 198.26 feet; thence, S 2°27'38"W 312.82 feet, along the Easterly
line of Parcel 2, to the point of beginning.
Area = 218812.17 Sq.Ft. = 5.0232 Acres