HomeMy WebLinkAboutMS 573; SOUTH FORK; 88-533277; Public Facilities Fee Agreement/Release2254
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Recording Requested By
and Return To:
CITY OF CARLSBAD '
1200 Elm Avenue
arlsbad, CA 92008
IS
VERA L. LYLECOUNTY R£C0$gg
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
RF 4.00
AR 2.00
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and . South Fork (82-31)
required by an Application for MS-573
5/11/82 , as Document No. 82-139583
released for the following reason:
jxx^ 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| | Application Withdrawn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 tv >tt\orne^
CITY OF CARLSBAD
By ^
MARTIN_ORtfiYAK
Community Develop
and recorded on
is hereby
t Director
2255
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I
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, artd acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the the official seal.
******************************
* ^gjg. OFFICIAL SEAL *
* /£,Jd& KAREN R. KUNDTZ I
J (iF^ra NOTARY PUBLIC-CALIFORNIA j
* \5jijX' SAN DIEGO COUNTY *
* ^BSP' My comm. Exp. Sept. 27, 1989 J
******************************
82-139583
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
RECORDED IN
OFFICIAL RECORDS
'OFSANC-IEvncC'iJfiTY.CA.
1982 HAY PH |: fcO
I
1 _ CO
VER^L
COUNTY r.E
wo
Space above this line for Recorder's use
Documentary t rans f erot ax: $ No fee
Signature of declarant determining
tax-firm name
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 29thday of April , 19 82
South Fork, A California Partnershipby and between
(name of developer-owner)
Partnership
(Corporation, partnership, etc.)
"Developer" whose address is 895 Tamarack Ave.
, hereinafter referred to as
(s treet )
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 minor subdivision (4-lot split) for single-family dwellings.
PEV 4-2-82
1 * ' ^a^on said Property, whicS-*'development carries the proposed name of
South Fork
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 29th day of Apri1
19 82 , with the City a request for a minor subdivision (4-lot split)
for single-family dwellings.
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
e
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
-NOW, THEREFORE , "*-« consideration of the rec/tals 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
Carlsbad Municipal Code.
-3-
. REV 4-2-82 - .
1856
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 Gity 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
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 suffieient.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.
-4-
6. All obligations' hereunder shall terminatf'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 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 termiriate;
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 no.t create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
REV 4-2-82
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
(name )
TT
BY
rt*STflf\Ul
itle)
(Title)
ATTEST:
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
ALETHA L. RAUTENKR^NZ, City'cTe'r
City Manager
APPROVED AS TO FORM:
'-" f^i.1, Assistant.VINCENT F. BIONDO
City At torney
1 (Nc
att
STATE OF CALIFORNIA
g- COUNTY OF San Diego
I nn April 29, 1982 1809
before me, the undersigned, a Notary Public in and for
•i said siate, personally appeared Wj 111 am 0. Gjl]ev anAJ)QnaM_R.J5aTTacjier:
*'\C known to me to be_all Jhe partners of the partnership
•"a that executed the within instrument and acknowledged to me that^c
|j such partnership executed the same.c
ID-o. ^\
Y WITNESS my haijid and official^eal.tooo
J.W. Schuler
Name (Typed or Printed)
OFFICIAL SEAL
J. W. SCHULER
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires AUG 20, 1932
(This area for official notarial seal)
EXHIBIT "A"
* 1900LEGAL DESCRIPTION
PARCEL 1:
All that portion of Lot 31 of PATTERSON'S ADDITION TO THE TOWN
OF CARLSBAD, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 565, filed in the
Office of the County Recorder of San Diego County, September 22,
1888, described as follows:
Beginning at the intersection of the center line of Valley Street
and the original center line of Oak Avenue; thence along the said
center line of Valley Street, North 34°33' West, a distance of
283.30 feet; thence North 55 27' East, a distance of 798.03 feet,
to a point on the center line of Canon Street; thence along said
center line of Canon Street, South 19°26' East, a distance of
293.45 feet to its intersection with the original center line of
Oak Avenue; thence along said center line of Oak Avenue, South
55 27' West, a distance of 721.55 feet to the Point of Beginning.
EXCEPTING THEREFROM the Southwesterly 231 feet thereof.
PARCEL 2:
An easement of maintenance of water line of the uniform width of
5 feet, over a portion of Lot 31 of Patterson's Addition to the
Town of Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 565, filed in the Office of the
County Recorder of San Diego County, September 22, 1888, the
Northwesterly line of said 5 foot strip being described as follows:
Beginning at a point on the center line of Valley Street, North
34 33' West, a distance of 283.30 feet from the intersection of
the center line of Valley Street and the original center line of
Oak Avenue; thence North 55°27' East, a distance of 231 feet, to
the most Westerly corner of Parcel 1 above described.