HomeMy WebLinkAboutMS 531; MOORE, HUGH AND ELAINE; 1992-0336880; Public Facilities Fee Agreement/Release"">• Recording Requested By
and Return To: ^ „
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CC II 1992-033
G2-JUN-1992 08=59
1138 OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
RELEASE OF AGREEMENT ANNETTE EUANS, COUNTY RECORDER
TO PAY PUBLIC FACILITIES FEE§F: J-J5 ^@F: ^oo
PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees
between the City of Carlsbad and MOORE, HUGH & ELAINE
3.00
required by an Application for MS-53I/CP-155
06/09/82
released for the following reason:
0( Fees Paid and Obligation Satisfied
D Application Withdrawn
D Other
and recorded on
_, as Document No. 82-177288 is hereby
DATED:
ATTEST:
5-15-92
Community Development Director
ACETHAL.
City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
Acting City Attorney
By
^F^^S
KARfc:
DEPUTY C.KAREN J. HlhATA"
DEPUTY CITY ATTORNEY
REVISED 5/92 FRM00021
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
1139
On MAY 15. 1992 before me, the undersigned, a Notary Public
in and for said State, personally appeared KAREN R. KUNDTZ
ONLY , known to me to be
of THE CITY OF CARLSBADASSISTANT CITY CLERKthe
and known to me to be the person who executed the within instrument
on behalf of said public corporation, agency or political
subdivision, and acknowledged to me that such public corporation,
agency, or political subdivision executed the same.
WITNESS my hand apra official seal,
_
/(signature)
RANDEE HARLIB
OFFICIAL SEALRAMOSE HABUBNotary fUMc-CdMonlaSAN aeSo COUNTYMy CommtaHon ExbbttFebruary 20, 1995
Name (Typed or printed)
. ' . 1588 82-177288
RECORDING REOUESTED BY AND )
WUKN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Sp ac e above
Document ary
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NO FEE
Signature of declarant determining
t ax-f i rm name
City of Carl sbad
Parcel No.~ 0 </
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this fr day of APri1 , 19
by and between Hugh C. & Elaine K. Moore, husband and wife
82
(name of deve1oper-owner)
individuals , hereinafter referred to as
(Corporat ion, partnership, etc. )
"Developer" whose address is 29312 Troon Street
( s t ree t )
Laguna Niguel, CA 92677 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
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Develdper 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:
3-unit condominium on Lot 4 of Shelter Cove, 'Map No. 5162 in the City of
California
, . 1589
t , V.,V '^6d*^
• on said Property, which development carries the proposed name of
I/ jf / 7k *• / x~ * /
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 17th day of March, 1981
19 , with the City a request for Tentative Parcel Map and
Condominium Permit Application approval
7
hereinafter referred to as "Request"; and
WHFRF.AS, 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
nware 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-
KEV 4-2-82
. , - „, 1590
" • NOW, THEREFORE,Vh consideration of the recVfcala 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
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 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
Carls bad Municipal Code.
-3-
R K V /i - '} - 8 2
,. 1591
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 agreement. 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
t ,
I'lnn. Tf 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 GeneralPlan 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 4) ev eloper to comply w i t h any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
-4-
. _____ .......... _ ..... LL.lL.ii ...A-ia-l... .S 1 ..............
, ^ X«S. • X O V IW -'"" 'N
6. All ob 1 igat ionlf^he re under shall t e r m i n a t e^**! n 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 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. Tliis d^teement shall be binding upon and shall inure tc 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
n g r e e m e n (• h n v r> been satisfied, C i t y shall record a release.
-5-
RKV 4-2-82
1593
IN WITNESS WHKRFOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Hugh C. & Elaine K. Moore
(n a
\ BY
(Title)
y BY
Owner-Developer
Owner-Developer
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
City Manager
ATTEST:
ALETHA L. RAUTENKRANZ, City Cljerk
APPROVED AS TO
ney
ant
VI.NCKNT F. BIONDO, JR.,
City At torney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
~6 ~
REV 4-2-82
(Individual)
STATE OF CALIFORNIA
COUNTY OF Log Angeles
on April 17. 1982
1594 AN01WUBT
ATKOftCOMMUlY
t
u
KUla
blJ0.<
«V
.before me, the undersigned, a Notary Public in and for said
State, personally appeared Hugh C. Moore and Elaine K.
to be the person 8 whose if Tie t K9
•" to the within instrument and acknowledged that-
executed the same.
WITNESS my hand and official seal.
Signature.
., known to me
subscribed
vu-A~*^J) A i/^fJL^
Mlrl«» J.
INU
^ttUMBtt
(Thi> area for official notarial seal)
IIBIT "A" - LEQAL DESCRIPT^JN
- 1595
PARCEL 1:
ALL OF LOT ft IN THE CITY Of CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE
OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, ON APRIL
23, 1963.
EXCEPTING THEREFROM ALL THE OIL GAS, MINERAL AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID
LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF HAY FOR PEDESTRIAN AND VEHICULAR
INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT,
OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP 5162, RECORDED IN THE OFFICE
OF THE COUNTY RECORDER. SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963,
WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE
DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH THE LAND.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF HAY FOR VEHICULAR AND SMALL WATERCRAFT
INGRESS AND EGRESS OVER LOT 74 OF THAT TRACT DESCRIBED IN MAP NO. 5162,
RECORDED IN THE OFFICE OF THE1 COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA,
ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT
TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN
WITH THE LAND. AND WHICH EASEMENT IS SUBJECT TO SUCH RULES AND REGULATIONS
FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME PURSUANT TO THE DECLARATION
OF RESTRICTIONS AND PROTECTIVE COVENANTS.
J. N. 5184
Jxiij&sM 4-14-82
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