HomeMy WebLinkAboutCT 82-08; PACIFIC SCENE INC; 89-163067; Public Facilities Fee Agreement/Release,J> 0563 89 363067
Recording Requested By
and Return To:
; CITY OF CARLSOAD
J200 Elm Avenue
Carlsbad, CA 92008
COMPLETE
RELEASE OF
89HJIR30 PH2-56
VEfi&L.LYLE I
COUNTY RECORDER i
'
RF.4.00.
AR 2.00,
MG 1.00
TO PAY PUBLIC FACILITIES FFFj
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of'Carlsbad and Pacific Scene Inc. (82-40)
required by an Application for CT-82-8/PUD-41
, as Document No.82-167420
and recorded on
. is hereby
released for the following reason:
Fees Paid and Obligation Satisfied
| f Application Withdrawn
~~| Other
DATED:
ATTEST:
CITY OF
MARTIN ORENYAK
i <yfe- Community Development Director
ALETHA L. RAUTENKRANZ T
City Clerk
APPROVED AS TO FORM:
APPROVED AS TO
VfMC£&Y F
VINCENT
City
RONALD R. BALL
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )0564
On March 24, 1989 , before me the undersigned, a
Notary Public in and for said State, personnally appeared Aletha L.
Rauteukranz , known to me to be the City Clerk
of the City of Carlsbad,i~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 the official seal.
*#*****»»*********************
* X*TX OFFICIAL SEAL £
* /CrSil KAREN R. KUNDTZ $
* ¥t£3il$} NOTARY PUBLIC-CALIFORNIA S
* NpBl/ SAN DIEGO COUNTY ** X3«ss^ My comm. Exp. Sept. 27, 1989 J
******************************
Kotary
86-186361
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Recording requested by and, ) 1 OF SAN DIEGO COUNTS CA, I
when recorded, mail to: )
)
r Clerk • )
' of Carlsbad )
) Elm Avenue )
.sbad,
f\A7
CA 92008 ^ )
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1986 MAY
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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 day of
1985, by the City of Carlsbad, a municipal
corporation of the State of California, herein "City".
WHEREAS, Pacific Scene and City
executed that certain Agreement between Developer-Owner and the
City of Carlsbad for the payment of a Public Facilities Fee dated
May 6, 1982 herein the "Agreement", which
Agreement was recorded in the office of the San Diego County
Recorder on June 2, 1982 , as Instrument No. 82-167420
WHEREAS, said Agreement was made in connection with a
request for Tentative Subdivision Map 10663 ;
WHEREAS, that certain real property located in the City
of Carlsbad described as:
72 of Carlsbad Tract No. 82-8 THE CRESTLot
the City of Carlsbad, according to map thereof No.
filed in the office of the San Diego County Reco
June 21, 1983 ,
herein the "Property", is subject to said Agreement;
WHEREAS, the current owner and developer of
has paid to City all facilities fees on the Property in"
with the terms and conditions of said Agreement; and
ty
fcbrdance
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 72 of Carlsbad
Tract No. 82-8 THE CREST
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,
AP,
»y:
A*— F.D. ALESHIRE, City Manager
^ATTEST:
City Clerk 7
STATE OF CALIFORNIA ), ) ss.
COUNTY OF SAN DIEGO )
875
On tt^gJC' V /f/fa _ t before me the undersigned, a Notary
Public in andror said 'State, personally appeared Frank N. Mannen, known
to me to be the Asst. 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, California, executed
vthe same.
WITNESS my hand and official seal.
OFFICIAL SEAL
KAREN R. STEVENS
Notary Public - Cafifwnu
Principal Office In
San Diego County
My Commission Expires S*t 27. 1885
YyPUlNOTARYyPUBLIC
• - ,
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1 200 Elm Avenue
Carlsbad, California 92008
921 )82-167420
RECORDED IN
OFFICfAL RECORDS
lOFSANQIUGCCOUNTY.CA.
JUN -2 AH II: 5k
y/ERAL.LYU.: |
iyNTYRha,iF?ncR _ L_Recorder • -o u :Space above this line £-e*-^ R e c o r d e r •S-s—fc s e
Documentary transfer tax: $ No fee
Signature o f dec 1arant determining
tax—firm name
City of Carlsbad
Parcel No.
NO FEE
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 6th d ay of May , 1982
by and between PACIFIC SCENE, INC.
(name of developer-owner)
a corporation
(Corporation, partnership, etc.)
"Developer" whose address is 3900 Harney Street
, hereinafter referred to as
(s treet)
San Diego, CA 92110 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 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
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
108 unit Planned Development
REV 4-2-82
... 922
on -said' Pr-operty, wh ichW^4 ve lo pmen t carries the Npfsf./posed name of
_ Village G of Calavera Hills Master Plan
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 6th day of May
19 82 , with the City a request for Tentative Map and Planned
Development
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 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, 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
/-vx v
• NOW; THEREFORE, W/con 5 idera t ion of the re.. 1 A 1 s . 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 in1
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 mobilehorae 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-
RE^V 4-2-82
924
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 IS 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-
• • 925
• 6. All obligatiop*""^ thereunder shall terrainr jin the event the
' - v , •• • '^7 - '
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
926
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
• PACIFIC^SCENE,
? / \ _-"T "2
(Titl
Vice President
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
ATTEST:
ALETHA L.RAUTENKRANZ,City Clerks.
VINCEN^/ F. BION^O, JR.,
City At torney
STATE OF
COUNTY OF
On
_ i ss.
before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared John F. Shoemaker ,
known to me to be the$y*'ii Vl C6PresiHpnt- and
JOn B. JAlemer , known to me to be
. of the corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
Signature.
a.-•a«"
Lois Mae Calkin
927
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
LOIS MAE CALKIN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
^ass^ SAN DIEGO COUNTY
My Commission Expires May 6, 1985
—•—-"-.rracantaac
928
EXHIBIT "A"
LEftAL DESCRIPTION
&:parcel of land being a portion of Lot J of Rancho Agua Uedionda
City of Carlsbad, County of San Diego, State of California, according
to map thereof 823, on file in the Office of the County Recorder of
said County, said State, described as follows:
Commencing at the most Northerly corner of Carlsbad Tract No. 76-12
according to Map No. 9935 on file in the Office of the County Recorder
of said County, thence North 63° 53' 10" West 42.00 feet to a point
on the arc of a 600 foot radius curve concave Northwesterly; a radial
line to said curve bears South 63° 53' 10" East; thence, Northeasterly
along the arc of said curve through a central angle of 11° 24" 30"
a distance of 119.47 feet; thence, tangent to said curve North
14° 42' 20" East 138.57 feet to the TRUE POINT OF BEGINNING; thence,
North 80° 08' 50" West 71.22 feet; thence, South 43° 29' 50" West
339.00 feet; thence, South 59° 09' 50r West 587.00 feet; thence,
North 24° 25' 10" West 300.00 feet; thence, North 48° 05' 12" West
200.00 feet; thence, North 24° 25' 10" West 430.00 feet; thence,
North 10° 43' 01" West 257.34 feet to a point on the arc of a 550
foot radius curve concave Northerly a radial line to said point
bears South 13° 25' 43" East; thence, Easterly along the arc of said
curve through a central angle of 0° 06' 03" a distance of 0.97 feet;
thence, tangent to said curve North 76° 28' 14" East 873.23 feet to
the beginning of a tangent 1500 foot radius curve concave Northerly;
thence, Easterly alqng the arc of said curve through a central
angle of 5° 05' 26" a distance of 133.27 feet; thence, North 71° 22' 48'
East 233.32 feet; thence, South 18° 37' 12" East 273.62 feet; to the
beginning of a tangent 1000 foot radius curve concave Westerly; thence.
Southerly along the arc of said curve through a central angle of
33° 19' 32" a distance of 581.64 feet to the TRUE POINT OF BEGINNING.
TITLE CO.
REFERENCE
COMPANY
ORDER «0.DATE
DESCRIPTION REVISION*
•T DATE