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Home My WebLink AboutCT 82-12; RHODES, FRANK JR/BARNES CORP; 89-441258; Public Facilities Fee Agreement/Release1715 if 259. Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 L 39WSI7 AHIO'SO €&•- :LYLE ' RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF6.00 AR2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad and Rhodes. Frank Jr. Trustee & Corp. (82-64) required by an Application for CT-82-12/PUD-42 and recorded on , as Document No. 82-223141 is hereby released for the following reason: F I Fees Paid and Obligation Satisfied | j Application Withdrawn Hx | Other Superceded by Record # 88-085100 Dated: June 20' 1989 ATTEST: - - ' - |f - 1 Ul ^^r-<~~*^< ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM •v^V (7 VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD MARTIN ORENYAK Community Development Director .• 1716 STATE OF CALIFORNIA ) } S S COUNTY OF SAN DIEGO ) On August 10, 1989 , 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. ****************************** * .-SSX. OFFICIAL SEAL * &3ra KAREN R- KUNDTZ $ S t€?jffi9 NOTARY PUBUC-CALIFtftWA J * \8m3/ SAN DIEGO C«UNTY ** ^&f My Ctmm tff g^ 27 1M$ * ****************************** 223141 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD ) 1200 Elm A.venue ) Carlsbad, California 92.008 ) I38ZJU12I PHI2:50 VERA .'..IVi " r COUNTY ^LCuhtifR ' Space above this' line for Rec ordeT^s u s e Documentary trarisfXr tax: $ No fee NO FEF ^ Signature of dec larant 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 day ofTHIS AGREEMENT is entered into this by and between 19 ("C o r poration, partnership, etc.) "Developer" whose address is (Name of Developer) , hereinafter referred to as (Street) (City, State, Zip Code) A ( C o rp o r a t i o~u^ etc. ) "Owner" whose ad'dress is (Name of Legal Owner) , hereinafter re-ferred to as f // <T ( /-/ L I, (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. TALS WHEREAS, Own.er 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: _ r&3/t>&vr//9£. . on said Property, which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 3&ft3& day of 19 &£ , with the City a request for Q.T f2- 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 1318 WHEREAS , Developer and Owner have asked the City to find that public facilities and service's 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 Cou/icil Policy Ho. ...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 ba 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 -• ^ — REV 4-2-82 1319 - 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,*• \ i dedications or improvements required a.ccording 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 entitle me nt for use shall be issued until the public facilities fee required by this agreement is paid. -4- REV 4-2-32 . 1320 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 pub.lic 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 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. -5- REV 4-2-32 1321 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 ahall 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 hereunder1 * * 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- __,. A-9-82 1322 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first.written above. OWNER:DEVELOPER: TITLE ATTEST : ALETHA L. RAUTENKRANZ City Clerk APPRO VIN pE N T City At t orney CITY OF CARLSBAD, a municipal corporation of the State of California BY ~ City Manager (Notarial acknowledgement of execution by DEVELOPER and OWNER must be att ached . ) -7- REV 4-2-82 TO 1944 CA (8-74) (Individual) STATE OF CALIF' INSURANC€ AND TRUST I to the within instrument and acknowledged that_ e'xecuted the same. WITNESS my hand and official seal. ^? OFFICIAL SEAL CAROLE A. SABEL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Mar. 15, 1986 (This area for official notarial seal) • $>w- STATE OF CALIFORNIA COUNTY OF Orange On June 16, 1982 ss. before me, the undersigned, a Notary Pulilic in and for said County and State, personally appeared William A. BameS ______ , known to me to be the— V_1.QS __ President, and ___ _________ , known to me to lie _______ Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. x~~^ /~\ Signature- SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL CAROL J. CROWLEY \ ORANGE COUNTY 0, 1984 1324 •LEGAL D:.>'JRJPTIOV ORDER Nu..'08540-15 it // PAGE NO. 1 -//$B/T ft PARCEL 1: ' Those portions of Lots "D" and "L" of RANCHO AGUA HEDIONDA, according to Map thereof No. 823, filed in the Office of the County Recorder of said County, November 16, 1896, described as follows: Beginning at the Southeast corner of said Lot "L"; thence South 0°22'22" West along the Southerly prolongation of the Easterly line of said Lot "L" a distance of 660.00 feet; thence South 89°36' West parallel with the Southerly line of said Lot "L" a distance of 2549.26 feet to a point in a line which is parallel with and 89.92 feet Easterly from the South- erly prolongation of the Westerly line of said Lot "L" being the TRUE POINT OF BEGINNING; thence North 76°24' East 1925.00 feet; thence North 41°54'35" East 1027.32 feet to a point in said East line of said Lot "L" distant thereon 575.00 feet Northerly from said Southeast corner of said Lot "L"; thence North 0°22'22" East along said East line 745.17 feet to the Southwest corner of Section 35, Township 11 South, Range 4 West, San Bernardino Base and Meridian, being a point which is distant Southerly 330.00 feet from the Northeasterly corner of said Lot "L"; thence along the Southerly line of said Section 35, South 88054'31" East 2660.50 feet to the East line of said Lot "D"; thence along said East line South 0°07'35" East 3740.00 feet; thence at right angles South 89°52'25" West 2032.22 feet more or less to the Westerly line of said Lot "D"; thence along said Westerly line of Lot "D" and the Northerly prolongation thereof North 13°10'34" West 1735.00 feet; thence at right angles South 76*49'26" West 2716.13 feet more or less to the center line of a proposed 30.00 foot road easement as described in deed to Carlsbad Municipal Water District, recorded April 4, 1957 as Document No. 50332, in Book 6523, page 348 of Official Records; thence along said center line North 18°20'30" (Record 19°25'30") West 482.00 feet, more or less, to an angle point therein; thence North 1°11'30" (Record 2°16'30") West 305.18 feet to the TRUE POINT OF BEGINNING. PARCEL 2: An easement and right of way for road purposes over a continuous strip of land 60.00 feet wide in Lots "D" and "E" of RANCHO AGUA HEDIONDA, according to Map thereof No. 823, filed in the Office of the County Recorder of said County, the center line of said 60.00 foot strip being described as follows: Beginning at corner No. 1, of said Lot "E"; thence Northwesterly in a straight line 135.40 feet more or less to Engineer's Sation B. C. 130 plus 00.23 at the Northwesterly end of a 400.00 foot radius curve in the center line of the County Road known as Road Survey No. 682, according to Map thereof on file in the 'Office of the County Surveyor of said County; thence along the center line of said County Road Survey No. 682 North 67°46' West (record North 67°10' West) 3092.48 feet to the TRUE POINT OF BEGINNING, of G id center line of the 60.00 foot easement described herein, said TRIE POINT OF BEGINNING, being South 67°46' East LEGAL DESCRIPTION 1325 ORDER NO.808540-15 PAGE NO. 2 59.89 feet from the intersection of said center line with the Northerly prolongation of the Easterly line of Lot "I" of said Rancho Agua Hedion- da; thence North 29°29'30" East 332.63 feet; thence North 38°27'30" East 349.61 feet; thence North 64°26'50" East 494.62 feet; thence South 79°01'10" East 634.84 feet; thence North 63°58'50" East 387.32 feet; thence North 47°02' East 404.90 feet; thence North 50°31'30" East 1167.34 feet; thence North 3°14' East 960.18 feet; thence North 0°03'10" East 1266.45 feet; thence North 19°25'30" West 691.73 feet; thence North 2°16'30" West 305.18 feet to a point on a line which is parallel with and 660.00 feet Southerly at right angles from the Southerly line of Lot "L" of said Rancho Agua Hedionda said point being distant Easterly along said parallel line 89.92 feet from the intersection of said parallel line with the Southerly prolongation of the Westerly line of said Lot "L" said 60.00 foot strip beginning in the Northerly line of said County Road and ending in the parallel line described above. EXCEPTING THEREFROM that portion thereof lying within Parcel 1 herein described. tg/bls 2/5/80 132G ATTACHMENT "A" HUGH W. WARDENxind ANNIE M. WARDEN, husband and wife, as tenants irrf/common/ /iy v^-~< FRANK A. RHODES, JR. and FRANK A. RHODES, JR. Trustee Marjorie S. Rhodes Trust. +** By: "—-""Z ADOLF SCHOEPE, Trustee under Declaration of Trust established October 17, 1968 by ADOLF SCHOEPE and MARTHA VIRGINIA SCHOEPE, Trustors (Schoepe Family Trust) By: JON T. GREEN, a married man, and ROBERT L. GREEN, a married man, as tenants in common. By: By: ROBERT BRUCE CLARK, TERRENCE RAY CLARK and KEVIN DENNIS CLARK, as tenants in common. By: 't/W ' GILL B1. /CAUSEY a'tfd JUNE H. CAUSEY, Trustees of the Gill and June Causey Family Trust dated August 1, 1978. MARY L. D y 1327 ATTACHMENT "A" HUGH W. WARDEN and ANNIE M. WARDEN, husband and wife, as tenants in common. By:_x By: x FRANK A. RHODES, JR. and MARJORIE S. RHODES, husband and wife, as tenants in common. By: ADOLF SCHOEPE, Trustee under Declaration of Trust established October 17, 1968 by ADOLF SCHOEPE and MARTHA VIRGINIA SCHOEPE, Trustors (Schoepe Family Trust) By:_x By: x JON T. GREEN, a married man, and ROBERT L. GREEN, a married man, as tenants in common. ROBERT BRUCE CLARK, TERRENCE RAY CLARK and KEVIN DENNIS CLARK, as tenants in common. By: x ^^^^^ By: GILL B. CAUSEY and JUNE H. CAUSEY, Trustees of the Gill and June Causey Family Trust dated August 1, 1978. By :\ MARY L. DAILY. By: c 1328 ATTACIiMENT "A1 HUGH W. WARDEN and ANNIE M. WARDEN, husband and wife, as tenants in common. By: By: FRANK A. RHODES, JR. and MARJORIE S. RHODES, husband and wife, as tenants in common. By: By: ADOLF SCHOEPE, Trustee under Declaration of Trust established October 17, 1968 by ADOLF SCHOEPE and MARTHA VIRGINIA SCHOEPE, Trustors (Schoepe Family Trust) By: By: JON T. GREEN, a married man, and ROBERT L. GREEN, a married man, as tenants in common. By: By: ROBERT BRUCE CLARK, TERRENCE RAY CLARK and KEVIN DENNIS CLARK, as tenants in common. By: By: By: GILL B. CAUSEY and JUNE H. CAUSEY, Trustees of the Gill and June Causey Family Trust dated August 1, 1978. V By: ^< By: ~U MARY L. DAILY. By: