HomeMy WebLinkAboutCT 83-23; GILBERT, RICHARD T AND MARCELLA D; 87-444169; Public Facilities Fee Agreement/Release1967 6 9
Recording Requested By
and Return To:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad^CA 92008
RECORDED IN
OFFICIAL RECORD!":OFSAHOIEGOCOUNI'Y.CA
AOG-6 FH 12=53
VERA L. LYLECOUNTY RECORD;R
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES RF6.00
AR 2.00 I
MG 1.00
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Richard T. Gilbert & Marcella D. Gilbert
required by an Application for CT 83-23/CP-246
October 5, 1983
' and recorded on
as Document No. 83-357452
is hereby released for the following reason:
$x? Fees Paid and Obligation Satisfied
/~7 Application Withdrawn
/"T Other
DATED: July 22, 1987
ATTEST:
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City-Attorney
By
CITY OF CARLSBAD
By
MRTIN ORENYAK,
Community Development Director
CORPORATE ACKNOWLEDGMENT
State of
County of J3ie
SS.
< *»»***»**»******»*•«•»•»*****»»«**
OFFICIAL SEAL
SHEILA B. TARViN
NOTARY PUBLiC-CAUFORNIA
NOTARY BOND FflED IN
SAN DIEGO COUNTY
$ My Commission expires March 24,1989
ft*********************************
Onthisthej2j7_dayof vJ-tA.1
ec
r 19^7, before me,
the undersigned Notary Public, personally appeared
<
JX[ personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
or on behalf of the corporation therein4x/CZy QC&
ed, and acknona
WITNES
wledged to me that the corporation executed it.
hand and official seal.
Notary's Signature
7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
0:CL.TY CLERK
ROM: " DEVELOPMENTAL PROCESSING
UBJECT: PUBLIC FACILITIES RELEASE
DATE
h^SAGE:
Please release Public Facilities Fee Agreement, file number
-^3 *3-3SOHS£ '*
*v'eu^^6'/w«
:t achments Reply Requested:Signature:
TU7T
]/83
Sianature:
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California
•v
AND
1376
RFCORDFij IN
.OFFICIAL RECORDS
iOf SANOiLGOCO'J'JlYfA
92008
1SB3 OCT -5 -AH :
VF'':: A ! ' vi rCOUNI V[;£"V:::R:J;
3^27
t NO FEE
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City o.f Carlsbad
Parcel No. 155-272-13 and 155-272-16
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 25 day of August
by and between
19 83
Richard T. Gilbert and Marcella D. Gilbert
(name of developer-owner)
a individual
(Corporation, partnership, etc.)
"Developer" whose address is 281D Elmuiood
, hereinafter referred to as
(s treet)
Carlsbad, Ca. 92008 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 12 0 0 jyja_-Ajz_ejiu e,
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:
22 Condominiums with 52 garage parking spaces
REV 4-2-82 I
, ^ 1377
on said Property, which development carries the proposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 25 day of August
19 85 , with the City a request for Condominium Permit and Tentative Tract 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 forsuch 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
y~v • •-" 1378
NOW, THEREFORE, W cons iderat ion of the rec*-«ls 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 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
137?-
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 tim.e 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
0
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-
1380 -
6. All obi igat iotW*' hereunder shall t erminat e*-<Ln 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
1381
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Richard T. Gilbert and Marcella D. Gilbert
(name)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
(Title)
City Manager
ATTEST:
ALETHA L. RAUTE~NKRANZ, City ClerA
APPROVED AS TO FORM:APP Attorney
VINCENT F. B10NDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
at t ached. )
-6-
REV 4-2-82
£
I
<o3XJ
-S
CD (B> 55
1383
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1 thru 6 inclusive, in Block 13 of SUNNY SLOPE TRACT, in the City .
Of Carlsbad, according to Map thereof No*. 486 filed in the office of the
County Recorder of San Diego County, February 7, 1883.
STATE OF CALIFORNIA
COUNTY OF San Diego
On this the 23rd
ss.
day of -September 1983_
Notary Public in and for said County and State, personally appeared Richard T. Gl I D6rt
SAFECO
TITLE INSURANCE
, before me the undersigned, a
, personally known
to me or proved to me on the basis of satisfactory evidence to be the
person whose nama 1S subscribed to the within instrument
and acknowledged that he executed the same.
Signature of Notary
FOR NOTARY SEAL OR STAMP
/j^JS^ OFFICIAL SEAL
i^^jjijk Belinda Mouser
IVJ^^wl NOTARY PUBLIC CALIFORNIA '•
\^*l/ PRINCIPAL OFFICE IN
^^=^ SAN DIEGO COUNTY
MY COMMISSION EXPIRES DEC 1 1986
» ^ ^ » ^. +, '^. «»
STATE OF CALIFORNIA
COUNTY Ol
On this the.
San Diego
27th~ ; Sept._ day of i
SS.SAFECO
83
me, the undersigned Notary Public, in and for said
personally appeared
before
and State,
proved to me on the. basis of satisfactory evidence to be the person(s)
whose name(s) ,_ subscribed to the within,
instrument, and acknowledged that
executed the same.
she
wn
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
R5VA HOOPER
PJOiARY PUBLIC - CALIFORNIA
co:nD. sy::^ MAY 24, 1987
o