HomeMy WebLinkAboutMS 634; SCHULTZ, EARL H AND KAREN L; 84-212516; Public Facilities Fee Agreement/Release1511
Recording Requested By
Return to:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
RtCOHDED!N
OFFICIAL RECORDS
[ OF SAM DIEGO COUNT Y.CA.
M -6 PH 2- 53
VEf-A L.L.r,-L
COUNTY RECORDER
RF6.00
MG1.0Q
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
EARL H. SCHULTZ AND KAREN L. SCHULTZ
required by an Application for MS-634/CP-256
Minor Condominium Permit and recorded on
October 28, 1983 , as Document No. 83-390611
is hereby released for the following reason:
U Fees Paid and Obligation Satisfied
fcxl Application Withdrawn
I~T Other
DATED: May 21, 1984
ATTEST:
ALETHA L. RAUT
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
By
CITY OF CARLSBAD
By
City Manager
_, before me the undersigned, a Notary
STATE OF CALIFORNIA)
) SS.
COUNTY OF SAN DIEGO)
On
Public in and for said State, personally appeared Frank D. Aleshire,
known to me to be the City Manager 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, and acknowledged to me that such City of Carlsbad, executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
KAREN R. STEVENS
Notary Public - California
Principal Office In
San Diego County
My Comm'ssior. Equcts Sept 27 1985
NOTARY^FUBLIC
83-390611
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 97008
717
—I
RECORDS !
RECORDED IN, p^EHQAL RECORDS II Or o/m)!-:>;3UOtJliTY, Cft.?
1983 OCT 28 AH 8= 02
[C*— ——COUNTY .RECORDER
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.203-251-09
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this ~J day of QCTt>B£-fL , 19
by and between EARL H. SCHULTZ AND KAREN L. SCHULTZ
(n ame of developer -owner)
aS owners , hereinafter referred to as
(Corpor at ion , partnership, etc.)
"Developer" whose address is P.O. Box 2394, Rancho Santa Fe, Ca. 92067
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 120J
Carlsbad, California, 92008.
WITNESSETH:
V ~
WHEREAS, Developer is the owner of the r eVl^^^o_p_£X-t-y--tre^ c r i b e d
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:
Conversion of Duplex to 2 Condomimj-im Units .
REV 4-2-82
NO FEE
7**i ' ' **' >./
on said Property, which development carries the proposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 4th day of October
19 83 , with the city a request for Kinor Condominium Permit
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
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
..P-- Hi^N•-• c >•>NOW, THEREFORE ,^"fn consideration of the recitals and the
covenants contained herein, the parties agree as foliov?s:
'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
3 ••— 72C
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 t im.e 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
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 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.
-4-
••*•'• 721
6. All obi igat ioSpe 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 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 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
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
722;
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
(nan"°KA*eN
BY
(Title)
ATTEST:
A JjLEb** X-
CITY OF CARLSBAD, a municipal
Corporation of the
State of California
BY
City Manager
'..City Attorney
ALETHA L. RAUTENKRANZ, City/Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Not
at ta
REV
tu
u
<
I
CAT. NO. NN00627
TO 1944 CA( 1-83)
»
(Individual)
STATE OF CALIFORNIA
COUNTY OF Od/n /Ji
On
said State, personally appearedti. vn/v^
72 JJJJ TICOR TITLE INSURANCE
ss.
before me, the undersigned, a Notary Public in and for
personally known to me or
proved to me on the basis of satisfactory evidence to be
the personJ5_ whose name.S C*-AjL- subscribed to the
within instrument and acknowledged that T"-*--<-J- exe-
cuted the same.
WITNESS my hand and official seal.
Signature \Uj
OFFICIAL SEAL
DONNA GERBY
NOTARY PUBLIC - CALIFORNIA
PS'NCiPAL OrF'CE INSAD DIEGOcoi-nrv
!;'•: H-rr -•-.-T- [«. fc'.~ ?\. IQS
(This area for official notarial seal)
PARCEL4: EXHIBIT "A"
T-HE SOUTHEASTERLY^ FEET OF THE REAL PROPERTY SITUATED IN THE ' '*" *
CITY OF CARLSBAD, TN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
DESSCRIBED AS FOLLOWS:
THAT PORTION OF THE TOWN OF CARLSBAD, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
FEBRUARY 2, 1887 AND THAT PORTION OF OCEAN STREET AS SHOWN ON
SAID MAP, AS CLOSED TO PUBLIC USE, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE SOUTHWESTERLY LINE OF STATE HIGHWAY,
DIVISION VII, ROUTE 2, SECIOTN "B", SHEET 18, APPROVED OCTOBER
17, 1912, AS PER MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR
OF SAN DIEGO COUNTY, DISTANT THEREALONG SOUTH 30°56'20" EAST
300.60 FEET FROM A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF BLOCK 14 OF SAID TOWN OF CARLSBAD, DISTANT THEREON
SOUTH 55°27' WEST 45.09 FEET FROM THE NORTHWESTERLY CORNER OF SAID
BLOCK 14; THENCE ALONG SAID SOUTHWESTERLY LINE OF STATE HIGHWAY SOUTH
30°56'20" 'EAST 100.20 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY
PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID BLOCK 14; THENCE
SOUTH 55°27' WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN;
THENCE NORTHERLY ALONG SAID MEAN HIGH TIDE LINE TO A LINE WHICH BEARS
SOUTH 55°27' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 55°27'
EAST TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING BETWEEN THE
WESTERLY LINE OF STATE HIGHWAY, DIVISION VII, ROUTE 2, SECTION
"B", SHEET 18, APPROVED OCTOBER 17, 1912 AND THE WESTERLY LINE OF
OCEAN STREET AS SHOWN ON SAID MAP NO. 365.
ALSO: EXCEPTING FROM SAID ABOVE DESCRIBED PROPERTY ANY PORTION
THEREOF HERETOFORE LYING BELOW SAID ORDINARY HIGH TIDE OF THE WATERS
OF THE PACIFIC OCEAN.
PARCEL 5:
THE NORTHWESTERLY 20 FEET OF THAT PORTION OF CARLSBAD, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
365, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY
FEBRUARY 2, 1887, BOUNDED ON THE NORTHWEST BY THE SOUTHWESTERLY
EXTENSION OF THE SOUTHEASTERLY LINE OF BLOCK 14 OF SAID CARLSBAD;
ON THE SOUTHEAST BY THE SOUTHWESETERLY EXTENSION OF THE NORTHWESTERLY
LINE OF BLOCK 19 OF SAID CARLSBAD ON THE SOUTHWEST BY THE LINE
OF ORDINARY HIGH TIDE OF THE WATERS OF THE PACIFIC OCEAN; ON THE
NORTHEAST BY THE SOUTHWESTERLY LINE OF OCEAN STREET, SAID SOUTHWESTERLY
LINE BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHWESTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF BLOCK 14 OF CARLSBAD DISTANT THEREON SOUTH
55°27f WEST 69.56 FEET FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK
14 BEING THE MOST EASTERLY CORNER OF THAT PORTION OF OCEAN STREET
VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF BOARD OF SUPERVISORS
OF SAN DIEGO COUNTY, A COPY OF WHICH WAS FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 14, 1948 AS FILE NO. 4076
IN BOOK 2614, PAGE 255; THENCE ALONG THE SOUTHEASTERLY PROLONGATION
OF THE NORTHEASTERLY LINE OF SAID CLOSED PORTION OF OCEAN STREET SOUTH
30°56'20" EAST TO THE SOUTHWESTERLY PROLONGATION OF THE CENTER LINE OF
OAK STREET AS SHOWN ON SAID MAP NO. 365.
EXCEPTING THEREFROM SAID ABOVE DESCRIBED PROPERTY ANY PORTION THEREOF
HERETOFORE LYING BELOW SAID ORDINARY HIGH TIDE OF THE WATERS OF THE
PACIFIC OCEAN