HomeMy WebLinkAboutCT 84-36; TREETOPS UNLIMITED; 88-475484; Public Facilities Fee Agreement/ReleaseRecording-Requested By
and Return To:
'CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
19 8
IN{rtr I**-' ilA':^k^?jP/?OS
88SEP2! ,
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RELEASE OF AGREEMENT LjiP^Y ^CcScfR J
— " Nil
TO PAY PUBLIC FACILITIES FEES _
MGl.oo
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Treetops Unlimited (84-111)
required by an Application for CT-84-36/PCD-77
12/177 84 , as Document No. 84-468759
and recorded on
is hereby
released for the following reason:
|~| Fees Paid and Obligation Satisfied
|^| Application Withdrawn
|~| Other
DATED: 9/6/88
CITY OF CARLSBAD
By
MARTIN ORENYAK^
Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, J
City Attorney
By
-J^A~~—.
AS TO FORM:
F. BIONDQ, Jit,ATTORNEYTIL
r - 20
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On September 14, 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.
*****************************
OFFICIAL SEAL J
KAREN R. KUNDTZ *
NOTARY PUBLIC-CALIFORNIA S
SAN DIEGO COUNTY *
My Comm. EXD. Sept. 27, 1989 |
******************************
REQUESTED BY AND ) 838
WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD )• - ' IS& DEC 17 fM !]• ?O
1200 Elm Avenuft ) '
Carlsbad, California 92008 ) j Cnfp:41 L)'_^
• I,, . ' ''-Li; IM.it R
_Spaceabovethislinefor Recorder'suse
Documentary transfer tax: $ No fee
*•
- .' 0 .Signature of declarant determining
/tax-firm name
Ci^ty of Carlsbad•
Parcel No. Portion, of 167-101-14
AGREEMENT BETWEEN DEVELOPER-OWKER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this ^^Tday of W^Q/1/n^AlV 19 . ^ V
by and between •
Treetops Unlimited •
(name of developer-owner) -
a Joint Venture , hereinafter referred to as
(Corporation,partnership,etc.)
"Developer" whose address is 3900 Barney Street
San Diego, Ca. 92110 . and THE CITY OF
. /City,state,zip code)'T~
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 El«r•• •
Carlsbad, California, 92008. '
WITNESSETH:
. *
WHEREAS, Developer is the owner of the real property described
on Exhibit WA:, 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:
Construction of 80 Apajrtiuent urtits. .
REV 4-2-82
. -,V ' ' " _ - 839 " '
on said Property, whicV development carries the proposed name of
Calavera Hills - Village L-l
and is hereafter referred to as "Development"; and
/
WHEREAS, Developer filed on the g^JTday of
_, with the -City a request for tentative-jnap-^approval o£ Village L-l
in Calavera Hills. • ' '
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 cervices will be available to aeet 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. . . •
REV 4-2-82
^
NOW, THEREFORE, in consideration of the recTtals 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 2Z 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 of- 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*1 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
* t
. Carlsbad Municipal Code.
-3-
--.••'-..• ----- - -. -- ...... .---.- 841 ....... • ------------------------- ---
•2. The Developer *te=6y offer to donate a site yr sites for public
i
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 accepjt. 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 P.Ian 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* . f
provide the facilities and sufficient funds from the payment of this
•
and similar public facilities fees are available.
5. City agrees to provide upon r.equest 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.
rrw /._•)_
. ; 6. All obligatio-. a 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.
8. This agreement shall be binding upop 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,' alj. 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
Y';'" 843
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: TREETOPS UNLIMITED
Pacif^e^cene inc.
BY
Vice-President
BY
assistant Secretary
F inane iaj/Scepe Incorporated •
PRESIDENT
ADMlkrST&ATIVE OFFICER
ATTEST:
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
ALETHA L. /RAUTEJrtUWCNZ, CKty Cler*
APPROVED AS TO F
^ HentscWte, Assistant
VINCENT F. BION^O, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.) :
-6-
REV 4-2-82
.STATE OF CALITORNIA)
COUNTY OF SAN DIBQO)ss:841
On this 21st day ofun «u- ^ ., IS 84 before me, the undersignedaNotary Public in and
'for said County and State, peraon^ly appeared nnn M™K»V , Proved to me on the basis
of satisfactory evidence to be the vice *^^^w<r&P*rwnf* SSP corporation 'knr«vn tr> HIP to be the Assistant Secretary, of PACIFIC SCENE, INC., the corporation
and official seal.
and for said County and State.
OFFICIAL SEAL
RAE MARIE KESSLER
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY '
My comm. expirts FEB 16, 1985 b
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)ss:
On this 21 day of September > 1984> before me, the undersigned, a Notary
Public in and for said county and state, personally appeared Peter J. Hall ,
known to me to be theExec. vjce President, and Nancy a. Daly ,
known to me to be the Admin Offer gg&Kia&Eff, of FINANCIAL SCENE INCORPORATED,
the corporation that executed the within instrument, said persons being known to me to
be the persons who executed the within instrument on behalf of said corporation, said
corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED,
the joint venture that executed the within instrument, and acknowledged to me that such
corporation executed the same, both individually and as joint venturer of said joint
venture, and that such joint venture also executed the same.
WITNESS my hand and?official seal.
Notary Public in and for said county and state.
OFFICIAL SEAL
LAURA M WITHERS
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTYMy comm. expires SEP 30, 1985
FORM 468 OAWCO PRESS
5620 FRIARS ROAD • SAN DIEGO, CALIF. 92110-2596
TELEPHONE • AREA CODE 619 • 291-0707
JOB NO.
7649-H
LESAL DESCRIPTION FOR:
CALAVERA HILLS VILLAGE "L-l"
BY PJI/pdw
CHK'D. pj.j
DATE
9-11-84
SHEET
1°F1
RICft
845
enur>iMrrniMS* r>nk«DAMV I PUNNING CONSULTANTSENGINEERING COMPANY I AND CIVIL ENGINEERS
Being a portion of Lot J of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to Map 823, filed in the Office of the County
Recorder of San Diego County November 16, 1896, said portion
more particularly described as follows:
Beginning at the Southeasterly corner of Carlsbad Tract 82-16,
according to Map No. 10860, filed in the Office of the County
Recorder of said County February 28, 1984; thence along the
Easterly boundary of said Map, being also the centerline of
Tamarack Avenue North 18037'12" West a distance of 688.69 feet
to the beginning of a tangent 300 foot radius curve concave
Southwesterly; thence Northwesterly along the arc pf. said, curve
through a central angle of 15°04'39" a distance of 78.95 feet
to the TRUE POINT OF BEGINNING, a radial line to said point
bears North 56018'09" East; thence continuing Northwesterly
along the arc of said curve through a central angle of 20°19'00"
a distance of 106.38 feet; thence leaving said curve and said
Easterly boundary of Map No. 10860, along a non-tangent line
North 07°56'12" East 306.75 feet; thence North 68°54'47" East
'700.28 feet; thence South 80°35'00" East 92.15 feet; thence
South 04°01'32" West 507.85 feet; thence North 87°15'10" West
77.00 feet; thence South 79°14'50" West 611.50 feet to the
TRUE POINT OF BEGINNING.
Containing 7.762 Acres
TITLE CO.
REFERENCE
COMPANY
ORDER NO.DATE
DESCRIPTION REVISIONS
BY DATE