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Home My WebLink AboutGPA 59F; NEVILLE, RICHARD R AND FLORENCE E; 87-423029; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1606 IS87 JUL 23 P1U2' 18 LsVERA L..LYLE COUNTY RECORDER RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF6.00 AR2.00 MG 1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and Richard R. & Florence E. Neville required by an Application for GPA-59(F)/zc-237 July 23, 1981 and recorded on as Document No. 81-232519 is hereby released for the following reason: U Fees Paid and Obligation Satisfied 13 Application Withdrawn I~T Other DATED: July 14, 1987 Al^THA L-r .ty Clerk CITY OF CARLSBAD By MARTIN ORENYAK, ^^ Community Development Director APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City^Attomey By CORPORATE ACKNOWLEDGMENT State of ( 6 f<J-Cn .^- 1^;County of :***!••!!******»«***»***«***•***••** * >*OCV OFFICIAL SEAL I SHE3LA B. TARVIN * KOTAW ,--U3LiC-C.'1.'.iPOR; NOTAfiY DOf.'D FILED IN _ SAN DSEGO COUNTY ]! My Commbslon Expires March 24, 1989 * v 1607 NO. 202 On this the /o day of 19 a/, before me, the undersigned Notary Public, personally appeared K >y personally known to me proved to me on the basis of satisfactory evidence to be the person(s) wjio executed the within instrument as ^f£- or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ^ ^N'ofafy's Signature 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 Inter-Office Corresoondence CITY CLERK u DEVELOPMENTAL PROCESSING | DATE: June 23, 1987 SUBJECT' PUBLIC FACILITIES RELEASE | I I MtSSAGt: ~ Please release Public Facilities Fee Agreement, file number 81-18 NEVILLE, Richard 81-232519 GPA 59(F)ZC237 PROJECT WITHDRAWN PLEASE NOTIFY SHIRLEY AT HARTFORD ESCROW 292-9305 WHEN READY. Attachments: f Reply Requested: Signature: RLPLr: 0~/ Date: Signature 10/83 of VERA L. LYLE RECORDER 1600 PACIFIC HWY., RM. 260 P.O. BOX 1750 SAN DIEGO, CALIFORNIA 92112-4147 (619) 236-2695 Annette Evans Chief Deputy CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Date: July 6, 1987 Amount: $9.00 We are returning your document(s) unrecorded for the following reason(s): A notary acknowledgment for the signor is required. VLL:SN Mail Desk 30 &**- C.. First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619)238-1776 January 6, 1987 HARTFORD ESCROW 8304 Clairemont Mesa Boulevard, Suite 111 San Diego, California 92111 ATTN: SHIRLEY Your Ref. 5372-SW Our Order No. 938839-4 BUYER: ASSAMBLEA APOSTOLICA, INC. Dated as of November 24, 1986 at 7:30 a.m. ^ x^ ' ? ?£ ///' BRUCE A. BLAN CHARD/crag TITLE OFFICER The form of policy title insurance contemplated by this report is: CLTA Title to said estate or interest at the date hereof is vested in: RICHARD R. NEVILLE and FLORENCE E. NEVILLE, husband and wife as joint tenants The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The land referred to herein is described as fellows: SEE LEGAL DESCRIPTION ATTACHED After recording return to:• - ,« • CUy of Carlsbad 1200 Elm Avc. Carlsbad, CA 92008' 272 AGREEMENT BETWEEN DEVELOPER-OWNER •- AND THE CITY OF CARLSBAD FOR THE •'•-, PAYMENT OF-A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 19jP_f t by and between (name of developer-owner ,hereinafter referred to as (Corporation, partnership, etc.) ^Developer", whose address is (street) , and THE CITY OF CCity, state, zip c6de~] CARLSBAD, a municipal corporation of,the State of California, • hereinafter referred to as "City", whose address is Avenue, Carlsbad,. California, 92008. . •* ' W I T N E S S E T H: * " " ' 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:. 273 V on said Property, which development carries the proposed name of _ : _ Zc, and is hereafter referred to as "Development"; and, . . .. . . v WHEREAS, Developer filed on the /<&* day of 19/ i with the City a request for (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 x 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 August 29, 1979, on file v/ith 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 dble to make any such finding without financial assistance to pay for such services and facilities; and, therefore, Developer proposes • 274 to help satisfy the General Plan as implemented by Council Policy No.. 17 by payment of a public facilities fee, • . ' NOWf> THEREFORE, in consideration of the recitals 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 buildings 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 develop- . ment 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. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu . thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. •Developer shall pay a fee 'for conversion of existing buildings or i i 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 275 . 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. A credit toward such fee shall be given • for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 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 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 agree- ment. Sites dona-bed 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 4 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 '• . • . 4. • 276 . 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. t .-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 by. personal delivery * ' " . thereof to the City or by depositing same in the United States Hail, 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 5. 277 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 on the Property. When the obligations of this agreement have been satisfied, City shall record a release. Z78 WITNESS WHEPXOP, this agreement is. CaUfornia,s of tb. - xecuted in Sa. Diego 'DEVELOPER-OWNER: Florence E. Neville (owner) [Title) ATTEST: 3&i&+t^ City Manager •r™ ARRIVED AS/0 FO APPROVED AS TO FORM: vlt^;ENT F, BTONDO ',... V s =VINCENT F. BIONDO, JR..,. City ^Attorney STATE OF CALIFORNIA • (NOt .", "^ said State, personally appeared be a }• 279 ., before me, the undersigned, a Notary Public in and for and Florence E. Neville;^ | known to me to be the person-^- whose name_s subscribed to the within instrument and acknowledged to me £ that 5 WITNESS my executed the same.] OFFICIAL SEAL LYNN HIRATA NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN .^^ SAN DIEGO COUNTY My Commission Expires July 28,1981 o Signatureu- (This area for official notarial seal) 280 EXHIBIT "A" LEGAL DESCRIPTION THE SOUTHEASTERLY ONE HALF OP LOT £ OP SUB-DIVISION OF TRACT 11J4 AND A PORTION OF TRACT 120 OP CARLSBAD LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. l?l|l| FILED IN THE OFFICE OF THE COUNTY RECORD Eh OF SAN DIEGO COUNTY JANUARY 3, 1923. FILE/PAGE NO. BOOK 198? RECORDED REQUEST OF .ygJALLYuT•'RWORDFR NO ffct