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HomeMy WebLinkAboutMS 573; SOUTH FORK; 88-533277; Public Facilities Fee Agreement/Release2254 jtnn«MM».mi ^ —:imi>r I ^lV~£~-^S fN j 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, as Document No. 82-139583 released for the following reason: jxx^ Fees Paid'and Obligation Satisfied | | Application Withdrawn |~~| Other DATED:10/3/88 ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR.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.