HomeMy WebLinkAboutMS 498; ESTES, JACK R; 88-533275; Public Facilities Fee Agreement/Release2250 I rte..P^ORfir
880CTI9
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 Estesy Jack R. (80-62) •
required by an Application for MS-498
10/10/80 , as Document No. 80-335853
released for the following reason:
Ivvi Fees Paid'and Obligation SatisfiedXXX
|~| Application Withdrawn
|~~| Other
DATED: 10/3/88
and recorded on
is hereby
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City>Afltorne^
CITY OF CARLS
By _
MARTIN ORENYAK
Community Development Director
2251
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On October 13, 1988 , before me the undersigned, a
Notary Public in and for said State, personnally 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, arid acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the the official seal.
****************•*»•>»*********
* XSESS. OWICULSEAL J
* 4M4& KAREN R- KUNOTZ ** f£x2n« NOTARY PUBLIC-CALIFORNIA J* >8SJ' SAN DIEGO COUNTY *j ^88^^ My Comm. Exp. Sept. 27, 1989 $
******************************
f-fte.-vrKQrding return to: 551 ^
City of Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 3(7 ^ day of
, by and between Jack R. Estes
(name of developer-owner)
a Sole Proprietorship '_ ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" , whose address is 1199 Tamarack Ave. t(street)
Carlsbad. -Ca. 92008 ] , 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.
• ' 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:.
A.P.M. 206-260-17 -
552
on said Property, which development carries the proposed name
of _ ======= _ '. __
and is hereafter referred to as "Development" ; and
WHEREAS , Developer filed on the j£Z£~ day of
19 Bo t with the City a request for A Lot Split to- create two lots
(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 August 29, 1979, 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
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
2.
••'•• • ""'•> :; • 553 • 'v*• v.-**
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
A
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public tacilities
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
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
3.
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 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. . .
555
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:
i
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 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.
558
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 satisfies, City shall record a release.
557
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date, first written above.
"DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal
corporation of the State of California
Tack R. Estes
By_City Manager
(Title)
ATTEST
ALETJAL. RAUTENKRANZ,
.• APPOVED AS
PROED *AS TO FORM: VINCENT F,,BiOttb
i^chke, Assi
Attorney
lity Attorney
•a,sto
W
C5
STATE OF CALIFORNIA
COUNTY OF san Diego
nn August 27, 1980
ss.
before me,
the undersigned, a Notary Public in and for said County and State,
personally appearedJack R. Estes**
, known to me
subscribed to the
" e expr.ntp.d the
to be the person,_whose name-is
within instrument and acknowledged that-
same.
vi , . a
Cin^-Shifflett
558 SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
CINDY A. SHIFFLETT
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires August 26, 1983""
559
EXHIBIT
.EGAL DESCRIPTION
LEGAL DESCRIPTION
ALL THAT PORTION OF TRACT 242 OF THUM LANDS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF TAMARACK
AVENUE AND ADAMS STREET; THENCE ALONG THE CENTER LINE OF TAMARACK
AVENUE NORTH 61° 21' 00" EAST, 619.24 FEET; THENCE SOUTH 28° 39' 00" EAST
44.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 61° 21' 00" EAST, 73.08
FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID TRACT 242 SOUTH
28° 39f 00" EAST, 212.49 FEET; THENCE SOUTH 61° 21' 00" WEST 73.08 FEET;
THENCE NORTH 28° 39' 00" WEST 212.49 FEET TO THE TRUE POINT OF BEGINNING.
OFFSCIALRECOROS^..^
NOFtf