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HomeMy WebLinkAboutCUP 237; DAON CORP/RANCHO LA COSTA; 88-534314; Public Facilities Fee Agreement/Release1776 cording Requested By and Return To: CITY OF CARLSBAD ' 1200 Elm Avenue Carlsbad, CA 92008 (~^C:^EO./—1s /jjrp-,- ^ r r_^^__ | ;r- «- J ^r, 'r* 888CT 19 PH;3:'f8 VERA I, LYLE/^;-! i s rT" \f i~*r~' j-i jrt ^j* *-•H 1 Y RECORDER LYLE I CORDER J RF 4.00 AR 2.00 _ MG 1.00 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 Daon Corp. & Rancho La Costa , Cable TV (83-93) required by an Application for CUP-237 9/21/83 , as Document No. 83-337166 and recorded on is hereby released for the following reason: |~| Fees Paid'and Obligation Satisfied | | Application Withdrawn Other Application Expired DATED:10/3/88 CITY OF CARLSBAD By MARTIN ORENYAK Community Development DlVector ATTEST: djk ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. i 1777 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On October 13, 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. OFFICIAL SEAL J -KAREN R. KUNDTZ I NOTARY PUBLIC-CALIFORNIA J SAN DIEGO COUNTY * M^ comm. Ex». Sept. 27, 1989 J 1558 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 S9k337166 I Rtfc(3f?DEO IN | OFFICIAL RECORDS I OF SANDlL'GCCGUNTY.CA.I 1383 SEP 21 AMK* 18 ! VERAL.LYLE i {. COUNT YKl.COMCU |NOF,C.C Space above this line for Recorder's use Documentary transfer tax:No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC, FACILITIES FEE THIS AGREEMENT is entered into this by and between day of 1 9 La Costa Community Antenna System, Inc. d.b.a Rancho La Costa Cable T.V. Corporation (Corporat ion, partnership, etc.) "Developer" whose address is 7628 El Camino Real (Name of Developer) , hereinafter referred to as (Street) Carlsbad. California 92008 (City, State, Zip Code) and Dadn (Name of Legal Owner) Corporation , hereinafter referred to as (Corporation, etc.) "Owner" whose address is 1241 Elm Avenue (Street) Carlsbad, California 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. 1559 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: .35± acres to allow for a cable television earth station site. on said Property, which development carries the proposed name of N/A and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 _, with the City a request for a Conditional Use Permit 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, Developer, 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- PT?V A-9-R9 1560 - 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 th-e' 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 projects, shall not refer to grading permits or other permits for the construction of underground or .s'treet 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 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. -A- : 1562°v«. v.,v 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 described. 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 1563 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 0 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- ;>V v, 1564 3 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DAON CORPORATION * DEVELOPER: . - .La Costa Community Antenna System, Inc Alichael J^ Jl^n/V.B^>La!ffd • «.«.=. ^zZjffs Z^L^eZgEb Cable^f s^is £~&~xs:3y9t . IXdJHJIlU -LJCl V-'-'OL.O. — T.V. W.A. (Joiton-f iferi/Sjr. vTP. Land * — ^ /7/^ BY --T , eJJ1 • "- 1 V*. TITLE (/ td!^ BY L / f/lK^^^rtk /^^>-3o TITLE ATTEST: ALETHA L. RAUTENKRANZ City Clerk >ROVED APPROVED AS TO FORM: X/|NCEf CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager apiel a. HeiUschRe, Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached. ) -7- REV 4-2-82 2 a •~ 0) oO OJ03 O OCO STATE OF CALIFORNIACOUNTY OF Orange |ss.1555 On September said State, personally appeared. W.A. Colton. Ill 19^3 __ before me, the undersigned, a Notary Public in and forMichael K. Ryan and _, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as_V.P. Land «_«^ rfSr. V.P. LandRrKSCtBItand S.KKKK, on behalf of_ DAON CORPORATION the corporation therein named, and acknowledged to me that • I such corporation executed the within instrument pursuant to its1 4 by-laws or a resolution of its board of directors. ' * WITNESS my hand and official seal. Signature^ OFFICIAL SEAL MARCIA A. BROWN Notary Public - California ORANGE COUNTY My Commission Expires Oct 1,1985 \ \ Marcia A. Brown"(This area for official notarial seal) STATE OF CALIFORNIA COUNTY OF San Diego OFFICIAL SEAL RICKI GEM CLAVIER NOTARY PUBLIC - CALIFORNIA SAN DiEGO COUNTY My comm. expins SEP 26, 1336 ACKNOWLEDGMENT-Corporation-Wolcotts Form 222CA-X-Bev. 5-82 ©1982 WOLCOTTS. INC. On this 8th . day of.September ., in the year 1983 before me, the undersigned, a Notary Public in and for said State, personally appearedFred :r. Morey Vice-President , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State. /•RICK ENGINEERING COMPANY PLANNING jULTANTS 3088 PIO PICO DR. TELEPHONE SUITE 202 • CARLSBAD, CA 92008 AREA CODE 714 • 729-4987 L£g~NO. : 8876 LEGAL DESCRIPTION FOR: PROPOSED (CATV) SITE BV JC CHK'D. DATE 8/26/83 SHEET I OF I A parcel of land being a portion of Parcel 4 of Parcel Map 10179 on file'in -the office of the County Recorder of San Diego County, State of California, being a portion of Section 30, Township 12 South, Range 3 West, of the San Bernardino Meridian, City of Carlsbad, said County,, said State, described as follows: COMMENCING at the Southeast corner of La Costa Meadows, Unit No. 2, according to Map No, 6905, on file in the office of the County Recorder of said County; said Southeast corner being a point on the Southeasterly right-of-way of El Puerte Street as shown on said Map No. 6905; thence, North 68°13'07" East 1536.70 feet to -the TRDE POINT OF BEGINNING; thence, South 68° 01'10" East 99.51 .feet; thence, South 51° 54'40" East 141.03 feet; thence, South 22052'25" West 191.85 feet; thence, South 57°13I00" West 73.07 feet; thence, North 83°46'00" West 185.97 feet; thence, North 34°25'48" West 144.00 feet; thence, T3orth 55*34'12n East 100.00 feet to the beginning of a tangent 3-22 radius curve concave Northwesterlyj thence, Northeasterly along the arc of said curve through a central angle of 33°35I22" a distance of 188.77 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the following portion of the above described parcel: Beginning at the above described TRUE POINT, OF BEGINNING; thence, South 68001'10" East 99.51 feet; thence. South 51°54I40" East 141.03 feet; thence, South 22°52'25" West 191 South 57° 13'00" West 73.07 feet; thence, North 83.97 feet; thence, North 22e02lll" West 58 North 34°25'48" West 153.00 feet; thence, North 10.00 feet to the beginning of a tangent 322 .85 feet; thence, 83°46'00" West .84 feet; thence, 55°34I12" East foot radius curve concave Northwesterly; thence, Northeasterly along the arc of said curve through a central angle of 33035'22" a distance of 188.77 jfeet to the TRUE POINT. OF BEGINNING. - Said parcel contains 0.368, acres more or less. TITLE CO. fiEFEKENCE COMPANY ORDER NO.DATE