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HomeMy WebLinkAboutMS 460; MORENO, RUDY/P J P ENTERPRISES; 1991-0621233; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue " Carlsbad, CA 92008 73 DC It 1991=0621233 03-DEC-1991 11=34 AM OFFICIAL RECORDS SfiH DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER RF: 6.00 FEES'- 9.0C fif: 2.00 f!F: LOO 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 Moreno, Rudy H. & p.j.p. Enterprises (80-65) required by an Application for MS-460 , as Document No. and recorded on 80-349857 IS hereby released for the following reason: ifoQi Fees Paid and Obligation Satisfied i \ Application Withdrawn tZ3 Other Dated: March 27, 1990 TSBAD ARTI fSTORENYA4$\ Community Development Director ATTEST: ALETHA L. RAUTENKRANZ ) City Clerk APPROVED AS TO FORM VINCENT F. BIONDO7\)R. City Attorney 74 STATE OF CALIFORNIA ) \ COUNTY OF SAN DIEGO ) g g On April 4, 1990 ) 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. My. OFFICIAL SEAL i KAREN R. KUNDTZi NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY Comm. Exp. Sept 27.1993 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 87 563 621 jv -u n i*- RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF4.00 AR2.00 MG 1:00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and Treetops Unlimited required by an Application for CT 82-16/CP-213 July 21. 1982 , as Document No. 82-223142 and recorded on is hereby released for the following reason: |jj[| Fees Paid and Obligation Satisfied |~| Application Withdrawn l~~| Other DATED: October 28. 1987 CITY OF CARLSBAD By MARTIN ORENYAK Community Development ector ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By ___ Tiva " A3NHOJJ.V AMO ''Mf 'OQMOSa 'J 1N30NIA WOd Gi SV QdAOHddV /Cl. )NALD R, BALL 564 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On November 2, 1987 , 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.****************************** ? >«£3ESs. OFFICIAL SF.AL KAREN R. KUNDTZ NOTARY PUBLIC-CALIFOftNIA SAN DIEGO COUNTY My Comm. Exp. Sept. 27, 1»«9 ***************************** )Notary/ CITY CLERK _ •ROM;' DEVELOPMENTAL PROCESSING ,'UBJECT: PUBLIC FACILITIES RELEASE DATE: i o/t lit 7 tSSAGt: Please release Public Facilities Fee Agreement, file number > / '<*J< V ttachments Reply Requested Signature: t e : 3/83 S i q n a t u r e : ; reap. D i :•; r- « E o u E, s T F n B Y -- .,• n l:HLN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elra Avenue Carlsbad, California 92008 *,S2- 223142 OFFICIAL RECORDS 1082 JUL2I PHI2=50 _| vrPA- IY: .-• i 14 e C$U»ifl YR'fettflg^SRe riSpace above Documentary a x : s use $ No fee Signature of declarant determining tax-firm n arae City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 22nd d ay of by and between June » 1 9 82 Treetops Unlimited (name of developer-owner) a A joint venture , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 3900 Harney Street (street) San Diego, CA 92110 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 1200 Elm Avenue, Carlsbad, California, 92008. /j'_ / % 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: Construction of multiple residential dwelling units. PEV 4-2-B2 1330 on ?- 21, a Pr.operty, wh i c U**,. e v e 1 o pm e n t carries the ^^ posed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the J____d ay of CJu. ICi 1 9 , with the City a request for village "J" in Calavera Hills Tentative Map approval . 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 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. -2- REV 4-2-82 1331-•fr~\ •" * NOW, THEREFORE, ^^ consideration of the r k+,0. . a 1 s . a n d 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 raobilehorae 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 i-2-£2 ; 1332x*^ v.^ 2. The Developer raay 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 agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 1T 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. 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 obligation. hereunder shall t e r in i n §,>, in the event the -•Requests rr.ade 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 : V ; 1334 IN WITNESS'WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: TREETOPS UNLIMITED (n arae) BY: PACiKfC SCENE,fflC. BY : FINaNCIAL SCENE INCORPORATED ATTEST : CITY OF CARLSBAD, a municipal corporation of the State of California City >5anager ALETHA L. RAUTENKRANZ, City CUerk APPROVED AS TO FORM: Ity Attorney , Assistant VINCENT F. BIOKDO, JR., C'i t y Attorney {.Notarial acknowledgement of execution by DEVELOPER-OWNER must be a.t t a ch ed . ) -6- EEV ^-2-82 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO)ss:1335 On this 28th day of June _, I982j before me, the undersigned, a Notary "Public in and for said county and state, personally appeared John F. Shoemaker known to me to be the Senior Vice Prestdent, and Wilbur u. Johnson known to me to be the Assistant Secretary, of PACIFIC SCENE, INC., the corpora- tion 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 corpora- tion 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 sam« nd and official seal. Notary Public in and for said county and state. omciM «*» LOIS MAE CALKIN NOTARY PUtUC - CAUfORNIA j MHNCIPAl Om« IN SAN DIK5O COUNTY My Commtotan Expire. M«y 6, 1985 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )ss. On this 28th of June , 19 82, before me, the undersigned, a Notary Public In and for said County and State, personally appeared A. C. Bregante _ / known to me to be the Executive Vice President, and M. E. Taylor _ / known to me to be the Assistant Secretary 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 exe- cuted 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 m '1 seal. Nota said County and State. OFFICIAL SEAL LAURA M WITHERS NOTARY PUBLIC - CAUFORNIA SAN DIEGO COUNTY My comm. expires SEP 30, 1985 1336 EXHIBIT "A" LEGAL DESCRIPTION Village "J" A parcel of land being a portion of Lot J of Rancho Agua Hedionda City of Carlsbad, County of San Diego, State of California, according to map thereof 823, on file in the Office of the County Recorder of said County, said State, described as follows: Commencing at the most Northerly corner of Carlsbad Tract No. 76-12 according to Map No. 9935 on file in the Office of the County Recorder of said County, thence North 63°53'10" West 42.00 feet to a point on the arc of a 600 foot radius curve concave Northwesterly, a radial line to said curve bears South 63°53'10" East; thence, Northwesterly along the arc of said curve through a central angle of 11°24I30" a distance of 119.47 feet; thence, tangent to said curve North 14°42I20" East 138.57 feet to the beginning of a tangent 1000 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 33°19'32" a distance of 581.64 feet; thence, tangent to said curve North 18°37'12" West 273.62 feet to the TRUE POINT OF BEGINNING; thence North 18° 37M2" West 310.00 feet; thence, North 31°37'23" West 372.70 :feet; thence, North 1°04'50" East 105.00 feet; thence, North, 79°14'5041 East 28.59 feet to a point on the arc of a 300 foot radius curve concave Southwesterly, a radial line to said point bears- North 50015'43" East; thence. Northwesterly along the arc of said curve through a central angle of 39°29'43" a distance of 206.80 feet; thence, tangent to said curve North 79°14'00" West 222.85 feet; thence, South. 84°26'09" West 589.48 feet; thence North. 73°Q8I00" West 280.00 feet; thence, South 2°54'50" West 350.00 fe-et; thence, South 17°25'rO" East 430.00 feet, thence, South 24°25'10" East 490.00 feet to a point on the arc of a 550 foot radius curve concave Northerly, a radial line to said point bears South 13°25'43" East; thence, Easterly along the arc of said curve through a central angle of 0°06'03" a distance of 0.97 feet; thence, tangent to said curve North 76°28'14" East 873.23 feet to the beginning of a tangent 1500 foot radius curve through a central angle-of 5°65'26" a distance of 133.27 feet; thence, North 71022'48" East 233.32 feet to the TRUE POINT OF BEGINNING.