HomeMy WebLinkAboutMS 495; MARLIN, JOHN AND KATHY; 88-533274; Public Facilities Fee Agreement/Release2243
AMID:-OS
Recording Requested By
and Return To: • . •
CITY OF CARLSBAD
1200 Elm Avenue
rlsbad, CA 92008
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 Marl in, John H. & Kathy (80-64)
required by an Application for MS-495
10/14/80 , as Document No. 80-338618
released for the following reason:
|xx^ Fees Paid'and Obligation Satisfied
| | Application Withdrawn
|~~| Other
DATED: 10/3/88
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
Ci ty
By
and recorded on
is hereby
CITY OF CARLSB
By
MARTIN ORENYAK
Community Development Director
2243
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
f said Municipal Corporation, and acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the official seal.
******************************
* y«S3Ca*. OFFICIAL SEAL
* /C^i KAREN R" KUNDT.Z
* TOV^BT? NOTARY PUBLIC-CALIFORNIA
* \MyX7 SAN DIEGO COUNTY* "sggs*' My Comm Ex> sg^ 27. 1989
******************************
j After recording return to: **?••• 1678
j City of Carlsbad
i 1200 Elm Ave.
Carlsbad, CA 92008
Ai
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this \% day of
19 $0 , by and between J0/-/A/ I-/. fljy/D l//?TfA/
(name of developer-owner)
a _ lA/fill^/ Q/y/QL _ hereinafter referred to as
S! (Corporation, partnership, etc.)
"Developer", whose address is iSlotS'
(street)
, tflllf. %00>? _ , and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
i
hereinafter referred to as "City" , whose address is 1200 Elm
Avenue, Carlsbad, California, 92008.
WITNESS ETH:
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:.
sPur r LOT IN/TO 2+ T/JE&E is
Mouse ./3/VQ U)£ 'PiGM- TD
» i h)OUS£. Oti 'l.®> LOT.
*•«•«.,
•%,«*'1679
on said Property, which development carries the proposed name
of
and
19
is hereafter referred to as
/A/T£/\/D$7rD
WiiiJiviii^io / JJU vc J.upui- X^.JJC:VA. v^j
, with the City a request
M3 4*3-
•
"Development" ; and
i witCj — cuay 01
for f>QP£El^ SPLIT' i -a«. ~«-ra.« -* _L ~r-_ ..
facilities necessary to serve a
(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
development will be available
concurrent with need or such development shall not be approved
(said element is on file with t^he- City Clerk and is incorporated
by this reference; and
WHEREAS/ Developer and Ci-tiy recognize the correctness of
Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and
Incorporated by this reference, and tnat 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;
needs of the Development as it
and
WHEREAS, Developer has ashed the City to find that public
facilities and services will b<; available to meet the future
is presently proposed; but the
Developer is aware that the Ci :y cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities; ^nd, therefore, Developer proposes
2.
1630
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 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
re.quired 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
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 ^ites 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
3.
', ' •*- • 1681. ::"*««<•'
the development is intended. Developer shall pay to City a public
facilities fee in the stun 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 for1
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 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
4.
1682
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.
. 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
•
Mail, addressed to the City at the a'ddress 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.
1683
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.
///
1684
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
(Title)
By
CITY OF CARLSBADf a municipal
corporation of the State of California
By
City Manager
(Title)
ATTEST:
VIN
City Attorney
tq
O
'If
STATE OF CALIFORNIA
COUNTY OF \ ss.
before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared
__, known to me
whose names _ r7 K-E subscribed to the
within instrument and acknowledged thaU?^i£^C — executed the
same.
to be the person
1685
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
.1 BARTHEL
NOTARY PUBLIC - CALIFORNIA
SAN DirQO COUNTY
My comm. expires Jl'L 29, 198?, |-
LEGAL DESCRIPTION
ixnan "A"
f
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OP
CALIFORNIA! COUNTY OF SAN DICOOi AND IS DESCRIBED AS FOLLOW•
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6. TOWNSHIP
12 SOUTH, RANGE 4 WEST. SAN BERNARDINO BASE AND MERIDIAN. IN
THE CITY OF CARLSBAD* IN THE COUNTY OF SAN DIEGO* STATE OF
CALIFORNIA* ACCORDING TO OFFICIAL PLAT THEREOF* BOUNDED. BY
A LINE DESCRIBED AS FOLLOWS'
BEGINNING AT A POINT IN THE NORTHERLY LINE OF TRACT 117 IN
CARLSBAD LANDS* DISTANT THERION NORTH 89*57' WEST. 147.01 FEET
FROM THE NORTHEASTERLY CORNER OF SAID TRACT 117* »S SHOWN ON
MAP NO. 1661. OF CARLSBAD LANDS* RECORDS OF SAN DIEGO COUNTY I
THENCc NORTH 0*»»* WEST* 142.it FEET TO THE TRUE POINT OF BEGINNING.
SAID POINT BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION
OF SAID NORTHWESTERLY QUARTER OF SECTION 6. TOWNSHIP 12 SOUTH.
RANGE « WEST* AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO
LOUIS P. AND ANNIE HOFFMAN* BY DEEC DATED APRIL 16. 19JO AND
RECORDED IN BOOK 1761* PAGE J58 OF DEEDS) THENCE ALONG THE
NORTHERLY LINE OF THE LAND CONVEYED TO HOFFMAN, SOUTH e9»S2'38"
WEST. 44.16 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED
IN DEED TO THE CITY OF CARLSBAD* RECORDED SEPTEMBER 15. 1965
AS FILE NO. 167282 OF OFFICIAL RECORDS OF SAID COUNTYt THENCE
NORTHWESTERLY ALONG THE BOUNDARY OF SAID CITY OF CARLSBAD LAND*
BEING ALONG A 44.00 FOOT RADIUS CURVE* CONCAVE SOUTHWESTERLY*A RAD:AL BEARS NORTH 69«52'»B" EAST TO SAID POINT* A DISTANCE
OF 50.45 FEET TO THE BOUNDARY OF LAND DESCRIBED IN DEED TO
FRANK J. DETRA* ET \l*t RECORDED JANUARY 24. 1*62 AS FILE NO*
1363Z OF OFFICIAL RECORDS OF SAID COUSTYi THENCE ALONG THE
BOUNDARY OF SAID DETRA LAND* NORTH 0*55' WEST, 282.Jl FEETi
NORTH 89*42'15" EAST* 69.SO FEET TO A POINT ON THE NORTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID HOFFMAN'S LAND) ANS
SOUTH 0*55' EAST ALONG SAID PROLONGATION 122.61 FEET TO THE
TRUE POINT OF BEGINNING.
RLE/PAG: HO.
BOOK 1930
RECORDED RE'J'ULSTOF
80-338618 1687
OciN 93iHH'80
OFFICIAL RECORDS
SAN OtEOO COUKTY/GAUF.
VIRAL. LYLE
NOHft