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Home My WebLink AboutCT 84-35; FALCON HEIGHTS/RAMOS, JOSE AND CATALINA; 88-421261; Public Facilities Fee Agreement/Release-ceding Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue id, CA 92008 —239 88 421261 83 ftUG 2U AH 10-' \ 5 1 V-RAL.LYLE | { CC'J,-;iY BORDER J RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES 'LEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities between the City of Carlsbad and Falcon Heights Development & Jose & Catalina Ramos (84-117) required by an Application for CT-84-35/ZC318 12/17/84 , as Document No. 84-468765 and recorded on is hereby released for the following reason: |xx}£ Fees Paid and Obligation Satisfied | j Application Withdrawn |~~| Other DATED:8/12/88 CITY OF CARLSBAD By MARTIN ORENYAK Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. VI Ci ty Attorney 0 A3 TO FORM: F. BIONDO. JR-, CffY ATTQfiNEY RONALD R. BALt STATE OF CALIFORNIA ) ) ss . 4 COUNTY OF SAN DIEGO ) On , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. August 17, 1988 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 the official seal. *********+***»**»#************* -^rs-^ OFFICIAL SEAL J * /£3pk KAREN R. KUNDTZ $ * yC?3HJ5j NOTARY PUBLIC-CALIFORNIA J * ^S^^' SAN DIEGO COUNTY ** >3SSX My comm. exp. Sept. 27. 1989 J ****************************** Recording Requested By and Return To: CITY OF CARLSBAD Elm Avenue bad, CA 92008 8 8 JU3 8 7 5 8 88ftU5!8 AH 8=20 VITF;/, L, LYLE CUH7Y HtCGROEf 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 Falcon Heights Development & Jose & Catalina Ramos RF4.00 AR 2.00 required by an Application for CT-84-35/ZC-318 JV5G1.00 December 17, 1984 as Document No. 84-468765 and recorded on is hereby released for the following reason: ^J Fees Paid and Obligation Satisfied | | Application Withdrawn l~~l Other DATED:August 2, 1988 CITY OF CARLSBAD By % MARTIN ORENTAK * Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By OvE;; AS TO K)KM: tNT F. BIONDO, JR., CITY AVfpRNEY •j- • S^- RONALD R. BALL 80 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On August 10, 1988 , before me the undersigned, a Notary Public in and for said State, personnally 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 the official seal. *»****+*»**»*»*»**#»*****»»*»J * xSCESs. OFFICIAL SEAL J * £S& KAREN R. KUNDTZ I ,~>_^ -v^ 1 iOsI NOTARy PUBLic-CAUFOftNiA * MrvParvBuhlffp* >S^K/ SAN DIEGO COUNTY * ^ BiOtary UUD^IC * ^S5&/ My Comm Exp Sept. 27, 1989 J '— ****************************** 84-468765 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ^ J ;•[-•'••;•,:- i .) U ftQI L^itti;.-^^.., !> «>j J ^ o J 1 ' ^ ;AN .:•;; ,•-,>•; r~.v t . •'• i ) ) ) ) Space above Document ary " "' ' ' '• - ',.• • t | IS^0£C 17 ;«!,. ?0" 1 1 • / j L — "•'"' • 'i:-; -•-•jfjfN J this line for Recorder's ~Trr« transfer tax: $ No fee Signature o~f declarant det errain ing tax-firm name City of Carlsbad 167-100- 14Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 24th day of July , 1984 by and between FALCON HEIGHTS DEVELOPMENT, LTD., (Nameof Developer) a A CALIFORNIA LIMITED PARTNERSHIP , hereinafter referred to as (Corporat ion, partnership, etc.) "Developer" whose address is 5205 Kearny Villa Way (Streetj San Diego, CA. 92123 (City,State,Zip Code) and Jose and Catalina Ramos (Nameof Legal Owner) a as individuals , hereinafter referred to as (Corporation, etc.) "Owner" whose address is 2418 Sonora Court / (Street)["^ \ Carlsbad, CA. 92008 ; \ ^.--"' (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. S9E RECITALS WHEREAS, Owner 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: portion of a 248 lot, single family development on said Property, which development carries the proposed name of FALCON HILLS and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 24th day of 1984 , with the City a request for annexation, prezone, and 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 incorporated by this reference); and WHEREAS, Deve.loper, 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 -2- REV 4-2-82 893 WHEREAS, Developer and Owner have 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 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 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: 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 be 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 -3- REV 4-2-82 '. .-- 894 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, dedications or improvements required according 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 9 - - 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- *»*••** / A O A 895 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 public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein des cribed. 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 4-2-82 896 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 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. 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- 4-2-82 897 EXHIBIT "A1 LEGAL DESCRIPTION S-648571 DESCRIPTION PARCEL 1: THAT PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF, NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, DESCRIBED AS FOLLOWS: COMMENDING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 07° 00' 00" WEST, 1106.00 FEET, NORTH 82° 19' 55" EAST (RECORD - NORTH 82° oo1 oo" EAST) 1535.oo FEET, MORE OR LESS, TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO BENTON C. CALDWELL AND WIFE, RECORDED AUGUST 15, 1951, IN BOOK 4205, PAGE 235 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 82° 19' 55" EAST, 1225.02 FEET TO A POINT IN THE WESTERLY LINE OF THE LAND CONVEYED BY MINNIE LILLIAN BORDEN AND WILLIAM W. BORDEN TO CARROLL ELMER BORDEN, BY DEED DATED FEBRUARY 3, 1912 AND RECORDED IN BOOK 560, PAGE 478 OF DEED, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 25° 10' 05" EAST (RECORD - SOUTH 25° 30' 00" EAST) ALONG SAID WESTERLY LINE, 520.00 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 00° 191 55" WEST (RECORD - SOUTH) 174.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 00° 19' 55" WEST, 811.60 FEET TO THE CENTER LINE OF SAID SECTION 4; THENCE NORTH 18° 4Q1 05" WEST ALONG SAID CENTER LINE 1011.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID CALDWELL LAND; THENCE NORTH 18° 00' 35" WEST, (RECORD - NORTH 18° 20' 30" WEST) ALONG THE WESTERLY LINE OF SAID LAND, 673.95 FEET TO A LINE WHICH BEARS SOUTH 82° 19' 55' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 82° 19' 55" EAST, 1235.10 FEET TO THE TRUE POINT OF BEGINNING. >.-'.'.. .. 898 I,N WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Jose Ramos se* v (Name) (Signature) Catalina Ramos ... M (Name) (Signature) ATTEST: JALE/HA L. ICity Clerk APIAPPROVED AS TO FORM:\/| & DEVELOPER: MIKE FOOTE DEVELOPER,INC., ACALIFORNIA CORPORATION, BY Michael J. Joote TITLE President CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ittocnsy a'nfel S.' Hentschke. AssWant VJNCENT F. BIONDO, JR.,' City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be at t ached.) -7- REV 4-2-82 STATE OF CALIFORNIA j COUNTY OF SAN DIEGO ) On yjui>l 2A-"\^\ 1*1 84"before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL J. FOOTE, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of MIKE FOOTE DEVELOPER, INC., the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. d.and..official seal. s * <C i J| '( "* " > ~ OFFICIAL SEAL KATHLEEN RIS=R. OTA!^ PUBLIC • CAL IS=R. ALIFORNIA? priiNCIPAl OFFICE IN f SAfi DIEGO COUNTY JS Ji My Com mission Expires February 20, 1988 On this the day of Quo/1984, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Michael J. Foote, President of Mike Foote Developer, Inc., agent for Jose Ramos and Catalina Ramos , personally known to me or proved to me on the basis on satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he exe- cuted the same.