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i \ Application Withdrawn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|~| Application Withdrawn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
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)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.