HomeMy WebLinkAboutCT 83-12; CARLSBAD PROFESSIONAL PARK; 89-334956; Public Facilities Fee Agreement/Release208
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
1 3.3*956
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f M- *, 'J'LE IRELEASE OF AGREEMENT | CC - -, ^:£R
J n it • ivimmriT Mirai ni nm^
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities
Fees between the City of Carlsbad and Carlsbad Professional Park (86-78)
required by an Application for CT-83-12
and recorded on
hereby released for the following reason:
[ J Fees Paid and Obligation Satisfied
feXff Application Withdrawn
HH Other
, as Document No. 86-484526 is
Dated: June 20, 1989
'ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM
CITY OF CARLSBAD
By /1/UD
MARTIN ORENYAK
Community Development Director
VINCENT F. BIONDO, JR.
City Attorney
209
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
,* On June 22, 1989 , before me the undersigned, a
Notary Public in and for said State, personnally appeared Aletha L.
, known to me to be theRautenkranz City Clerk
£ 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 the official seal.
OFFICIAL SEALRANDEE HARLIB
Notary PubNo-Ctilfomla
SAN DIEGO COUNTY
My Comm. Exp. Feb. 20,1991
Notary Public
949 ^86484526
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
B8SOCT27 AH II: 37
-LiVERAL.LMIUNI YK£i;o,
Space above this line for Recorder's use
Documentary transfer
RF //
AR Q
MG 'i-
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. \Cel-cAo -
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this
by and between Carlahad Professional Park
day of lTimp.»fi
(name of developer-owner)
(Corporation, partnership, etc.)
"Developer" whose address is ??n4 n
CA 92109
, hereinafter referred to as
(street)
and THE CITY OFban Dieg<(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,
92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property descrfbed 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:
REV 4-22-86
^ 0 950
on said Property, whicn development carries the proposed name of
shad PT~nfp.fi : H i nn a 1
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 25 day of June
19 86 . With the City a request for extension of tentative man
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 22, 1986, 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
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.
NOW, THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
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REV 4-22-86
r- 0f u 951
1. Tne Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.5% 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 of existing building or structures into condominiums in
an amount not to exceed 2.5% 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 the 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 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
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REV 4-22-86
0
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.
6. All obligations hereunder shall terminate in the event the Requests
made by Developer are not approved.
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REV 4-22-86
, 0
7. Any notice from one party to the other snail be in writing, and
shall be dated and signed by the party giving such notice or by a duly
authorized representative of sucn party. Any sucn notice shall not be effective
for any purpose whatsoever unless served in one of tne 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 tne 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 ensure 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 tne 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 4-22-86
. o
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
Carlsbad Professional Park
(name)
BY Dean Greenburq
General Partner
(Title
BY
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of Cal ifornia
By
City Manager
ATTEST:
APPROVED AS TO FOI
By
VINCENT F. BfONDO, JR.,
City Attorney
CAT. NO. NN00630
TO 1946 CA(7-82)
(Partnership)
STATE OF CALIFORNIA
COUNTY OF
TITLE INSURANCE
AND TRUST
t
uKUz
I
ss.AT1COR COMPANY
On
said State, personally appeared "Q£E/W>
before me, the undersigned, a Notary Public in and for
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as
QA/£ of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.WITNESS " " - — - -
Signature
OFFICIAL SEAL
CAROLYN L. GARDNER
NOTARY PUillC-CALIFORNIA
ORANGE COUNTYMy Commiuian EID«M *u| 22,19881
00001
(This area for official notarial seal)
955
Order No. H641282
DESCRIPTION
Page 1
DESCRIPTION
PARCEL 1:
All of that certain parcel of land delineated and designated as "96.68
Acres" on Sheet 1 of 2 of Record of Survey Map No. 5342, filed in the
Office of the County Recorder of San Diego County, January 26, 1960,
being that portion of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof
recorded in Book 1, page 150 of Patents, Records of San Diego County,
which is described as Parcel 1 in deed to Clarence A. Harvey, et al,
recorded January 15, 1960 as File No. 9151.
EXCEPTING therefrom that portion lying Northerly of the Southerly boundary
of land described in Parcel 6 in that certain Final Order of Condemnation
under Superior Court Case No. 179739 recorded March 23, 1955 in Book
5579, page 333 of Official Records.
ALSO EXCEPTING therefrom those portions lying Northerly of the Southerly
boundary of land described in Parcels 8-A and 8-B in that certain Final
Order of Condemnation under Superior Court Case No. 290303, recorded
March 9, 1966 as File No. 40847.
SAFECO
COM3?:
DR:WC
2-16-78
D-578377
E-15615H641282
0 956
PARCEL 2:
That portion of Rancho Agua Hedionda, according to Patent Map recorded
in Book 1, Page 150 of Patents, on file in the Office of the County Re-
corder of San Diego County, as conveyed to the State of California in
Parcel 6 of Superior Court Case No. 179739, Final Order of Condemnation,
recorded March 23, 1955 in Book 5579, Page 333, Official Records of San
Diego County; lying Southerly of the Southerly right of way line of State
Freeway ll-SD-78-2.2; said portion hereby conveyed described as follows:
Beginning at the Southerly terminus of Course 5 of Parcel-6 of said Final
Order of Condemnation; thence along Course 6 of said Parcel 6, South
78°53'00" East, 20.00 feet; thence along Course 7 of said Parcel 6, North
31°59'15" East, 29.98 feet to said Southerly right of way line; thence
along said right of way line North 81042'17" West, 3.83 feet; thence con-
tinuing along said right of way line North 81°12'53" West, 39.27 feet to
Course 5 of said Parcel 6; thence along Course 5 of said Parcel 6, South
J.4°09'15" East, 29.00 feet to the Point of Beginning.
•• *•"EXCEPTING from said Parcel 2, all oil, oil rights, minerals, mineral rights,
natural gas, natural gas rights and other hydrocarbons by whatsoever name
known that may be within or under the parcel of land hereinabove described,
without however, the right ever to drill, dig or mine through the surface of
said land as reserved in Final Order of Condemnation recorded March 23, 1955
in Book 5579, Page 333 of Official Records.
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