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HomeMy WebLinkAboutMS 642; Kuekens, Leo and Sally Michael OGara; 90-193965; Public Facilities Fee Agreement/Release90 19^965 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1718 it.'f* i '', CA ; 12 fi«i!'30 i VERA L. LYLE IJ COUNTY RECORDER j RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES AR 2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad and Kfiiikpns. Leo & Sallv / M O'Gara required by an Application for F1S-642 (84-5) - SLI , as Document No. hereby released for the following reason: KX)f Fees Paid and Obligation Satisfied | | Application Withdrawn HZ] Other Dated:March 26, 1990 ATTEST: ALETHA L. RAOTENKRANZ City Clerk APPROVED AS TO FORM VH^CENT F. BIONDO/^R. City Attorney CITY OF CA and recorded on is MARTIN ORENYAK^v ^^ Community Development Director STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Of?ICIAL SEAL KAREN R. KUNDTZ NO'.'ARv PUBLIC • CALIFORNIA PMKCWAl. OFFICE IM SAN OlEGO COUNTY My Comm. Exp.Sapt 27.1993 1719 On April 4, 1990 , before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. known to me to be theRautenkranz , ^n^wn i.u m^ <_<_» uc L.HC city Ulerk 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, California, executed the same. WITNESS my hand the official seal. 1 2326 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 84-024622 AN 20 2: 28. ~ I eR I Space above this line for Recorder's use NO FEE Documentary transfer tax: $ No fee S/j£j>nature or d e c<La rant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 6" day of J/9V<*/9/?>/ , 19 by and between (Corporat ion, partnership, etc.) "Developer" whose address is (Name of Developer) , hereinafter referred to as (Street) (Ci ty , State, Zip Code) ,and Z. (Name of Legal Owne r ) , hereinafter referred to as (Corporation, etc.) "Owner" whose address is p. o- (Street) o 3 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. TlT'TT /. O—Q '" ,/-*p O r RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: on said Property, which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the / & '- day of 19 €><-/ , with the City a request for T&<& 7# T/ I/& Ps?/3 ^ 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, 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 -2- REV 4-2-82 WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose 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 covenants contained herein, the parties agree as follows: 1. The Developer and Owner 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 and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1"L 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 -3- REV 4-2-82 2329 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 and Owner 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. 2. The Developer and Owner 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 and Owner 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 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- 2330- 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 and Owner 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: 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. -5- REV 4-2-82 2331 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, Owner and the City, and references to Developer, Owner 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. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City . 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 satisfied, City shall record a release. -6- 2332, IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER:Leo L. Keukens, Trustee of the Keukens/ Donaldson Family Trust dated July 29, 1977_ (Name) -,..~~ "~y~ DEVELOPER: (Signature SI (Name) Sal3$ L. "Keukens, 'Trustee of the Keukens/ DonaldsonTamily Trust dated July 29, 1977 TITLE (Signature) BY ATTEST: #. ALETHA L. RAUTENKRANZ -i City Clerk APPROVED AS TO FORM: TITLE CITY OF CARLSBAD, a municipal corporation of the State of California VINCENT F. BIONDO, JR., City At torney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 (Individual) uKUlX ,uJI 2333 STATE OF CALIFORNIA rniiNTY OF CY^rt JUdiiYi VOn > -J'l&rlsi I SS. ^V-Y 4, / 4 / tf before me, the undersigned, a Notary Public in and for said State, personally appeared tt -known to me whose name /-Sto be the person to the within instrument and acknowledged that_ executed the subscribed ( Name (Typed or Printed) OFFICIAL SEAL RUTH COLIN-EVANS NOTARY PUBLIC —CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires June 19, 1984 SF-423-4 (8/741 (Thii »rw tor »«ei«l notarial Mil) o> 1 oc '•5 STATE OF CALIFORNIA COUNTY OF _San Diego SS. 5th day nf January in the yearOn this before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leo L. Keukens and , Sally L. Keukens , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. Signature FOR NOTARY SEAL OR STAMP OFFICIAL SEAL JUDITH O'TOOLE NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires DEC 8, 1985 NotafyTublic in and for said County and State "^334 EXHIBIT "A1 LEGAL DESCRIPTION That portion of Lot 25 of Patterson's Addition to the Town of Carlsbad, in the Citv of Carlsbad County of San Diego, State of California, according to Map thereof ?««« ?'« M ^ the °ffiCe °f thS C°Unty Recorder of san Diego County, September 221888, lying Northeasterly of a line that is parallel with and distant 400.00 feet at right angles Northeasterly from the Southwesterly line of said Lot 25. EXCEPTING THEREFROM the Southeasterly 80.00 feet. 403 <»CV. J/70I