HomeMy WebLinkAboutCT 82-14; MCMILLIAN DEVELOPMENT INC; 88-475495; Public Facilities Fee Agreement/ReleaseRecording Requested By
and Return To:
" ' CITY OF CARLSBAD-V..X
1200 Elm Avenue
Carlsbad, CA 92008
41 RF 6.00
AR 2.00
MGl.OO
88 475495
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QFfSriUL RECORDS j
f SAH f)1""^ COUNT y. CA-i
88 SEP 21
! VERAULYLE
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 McMillan Development, Inc. (82-62)
required by an Application for CT 82-14
6/29/82 , as Document No. 82-200590
released for the following reason:
Ixxl Fees P3^ anc' Obligation Satisfied
| | Application Withdrawn
|~| Other
DATED: 8/31/88
CITY OF CARLSBAD
and recorded on
is hereby
MARTFN OTOYAKf
Community Developmental'rector
AilEST:
si /—)
A L ETHAURAU TENKRAiN Z
City Clerk
*
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
Ci ty Attorney
APPROVED AS TO FORM:
VlfclCENT F. BIONDO, JR., CITY ATTORNEY
RONA! D R. BALL
? - 42
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On September 14, 1988 , 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.
*****************************J Notary
* OFFICIAL SEAL * <OFFICIAL SEAL *
KAREN R. KUNDTZ I
NOTARY PUBLIC-CALIFORNIA J
SAN DIEGO COUNTY *
* ^av My comm. Exp. Sept. 27, 1989 J
******************************
1149
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
^2-200590" ii
OFFICIAL Rl;;rCRD5
|OR? jttM OQ »>i '(• i /IV>UL Ju;s L3 f^ j[: ]/^
VERA L.lYi r
Space above this
Documentary tranfer/ tax: $ No fee
use
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.167-100-24
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this Istday of
by and between McMillin Development, Inc.
June , 19 82
(name of developer-owner)
a California corporation
(C o r p oration, pa rtnersh ip, etc.)
, hereinafter referred to as
"Developer" whose address is 2727 Hoover Avenue, National City,
(street)
California 92050 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
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:
a 38 unit single family dwelling subdivision
REV 4-2-82
•••" • - L, 115° '".; •
'on said Property, which development carries the proposed name of
Templin Heights Unit No. 3
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the. 1st day of June
19 82 , with the City a request for re-application for
Tentative 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 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
1 1 Cr• NOW, - THEREFORE , ^^. cons iderat ion of the rec^^kls and the -*• -/. O
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 which,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
115*/ %.,»- . „«•
2. The Developer may offer to donate a site or sites for public
facilities in lieuof 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.
BF.V,
' 6". All obi igat ioiin,,^ hereunder shall termination 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.
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
1154
» - V,.''
'IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of>the date first written above.
u -
DEVELOPER-OWNER:
McMILLIN DEVELOPMENT
(name )
BY '2^-t
CITY OF CARLSBAD, a municipal
corporation of the
)t r0,, \ > State of California
Virgil E. Elliott
Vice Prpsi rip>n+-
(Title)
BY
/ Hill ^=^
Senior Vice President
(Title)
ATTEST:
i / I/)IX r/\
City Manager
C ft jij
rl^ALETHA L. RAUTENKRANZ, City Cle
APPROVED
VINCENT F. BTWNDO, JW. ,
City Attorne-
(Notarial ac
attached.)
REV 4-2-82
STATE OF CALIFORNIA
COUNTY OF San Diego
I June 1, 1982
115,
_, before me, the undersigned, a Notary Public in and for
a, said State, personally appeared-Lloyd V. Hill
known ,o me to be ,ho Sr. Vice p_iHcnt znA Virgil E. Elliott
known to me to be the JrlTeS .of the corporation that executed the within instrument,
< and known to me to be the persons who executed the within
.S instrument on behalf of the corporation therein named, and ac-u. r
"g ^ knowledged to me that such corporation executed the within
2 instrument pursuant to its by-laws or a resolution of its board of
ao directors.rg WITNESS my hand and official seal,
o
OFFICIAL SEAL
JOYCE A BENEFIELD
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY \
My comm. expires FEB 13, 1985 l(
^o Signature
Name (Typed or Printed)(This area for official notarial seal)
1156
EXHIBIT "A1
LEfiAL DESCRIPTION
*IANEXHIBIT "A
That portion of Lot J of Rancho Agua Hedlouda, la tti* City of Carlsbad,
County of San Diego, State of California, according to Hap theraof Mo.
823, filed in the Office of the County Recorder of San Diego County,
November 16, 1896, being described as follows!
Beginning at the most Northerly, Northeast corner of. Carlsbad Tract No.
74-14 (A) (Tempiin Heights Unit No. 2), according to Map thereof No.
10129, filed in the Office of the County Recorder of San Diego County,
June 2b, 1981; thonce along the Easterly boundary of said Carlsbad Tract
No. 74-14 (A) as follow*: South 00*48'25" West, 110.00 feet; South
89*11'35" East. 121.41 feet; South 00*48'25" West, 136.76 feet; South
01*31*02" Bast, 63.14 teet; South 30*00'00" £«st, 678.00 feet; South
25*52'51H Bast, 61.07 feet} South 04*59'18" East, 165.00 feet; South
85*00'42" West, 19.97 feet; and South 04*59'18" East, 142.21 feet to the
Southeast corner of said Map No. 10129; thence along the Easterly prolongation
of the Southerly line of said Hap No. 10129, North 82*59*47" Bast,
494.66 feet to the Northeasterly line of land described in that certain
Quitclaim Deed to Marie CaIdwell TempiIn, recorded September 23, 1968 as
Pile No. 165825; thence along the Northeasterly line of said Tempiin'«
land North 24*20'17" West (Record North 25*30'00M West), 1311.45 teet to
the Easterly prolongation of the Northerly line of said Map 10129;
thence along said prolongation North 89*11*35" West, 442.61 feet to the
Point Of Beginning.