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HomeMy WebLinkAboutMS 679; ECKE, PAUL SR/PALOMAR & CO; 1992-0415348; Public Facilities Fee Agreement/Release• Recording Requested By •**- and Return To: CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 1843 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES ""' ** inm A/, 1C7/0 _.. ft itoi-UtlJJ'frO Ol-JUL-1992 03=02 PH OFFICIAL RECORDS ^AH DIEGO COOHTt RECORDER'S OFFICE " 6HuEjTF FUAHh, COUNTY RECORDER flF-1 00PLEASE TAKE NOTICE that the Agreement for Payment Of Public" Facilities Fees between the City of Carlsbad and ECKE, PAUL SR. S PALOMAR & COMPANY (84-113) required by an Application for MS-679 12/17/84 released for the following reason: CD Fees Paid and Obligation Satisfied D Application Withdrawn _, as Document No. 84-46876! and recorded on is hereby Other Superseeded by document # 92-0290788 DATED: ATTEST: CITY OF CARL, By_ MARTII Community Development Director KRANZ City Clerk APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By REVISED 5/92 FRM00021 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS:1849 On June 29. 1992 before me, the undersigned, a Notary Public in and for said State, personally appeared Karen R. Kundtz. known to me to be the Assistant City Clerk of the City of Carlsbad 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. WIT;official seal, ^Signature) Randee Harlib Name (Typed or printed) OFFICIAL SEAL RANDtt HARLIB Notary PuWte-Cctfanta SAN DIE60 COUNTY My Cormtelon febiuary 20, .RECORDING REQUESTED BYSflND WHEN RECORDED MAIL TO: CITY OF CARLSBAD_ 1200 Elm Avenue Carlsbad, California 92008 857 84-468761 Sft OEC 17 «n- 23 .':•-• K' < ^ ) Space above this line for Recorder s -JULaJe m fl£E Documentary transfer tax: $ No fee Signature of declarant 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 29 day of November . 19 84 by and between Palomar and Company (Name of Developer) general partnership (Corporation, partnership, etc.) "Developer" whose address is 5850 Avenida Encinas , hereinafter referred to as (Street) Carlsbad, CA 92008 (City, State, Zip Code; Paul Ecke, Sr., Trustee of the Vogel-Beljean Trust dated May 15, 1981and individual (Nameof Legal Owner) , hereinafter r (Corporation, etc.) "Owner" whose address is 441 Saxony Road (Street) Encinitas. CA 92024 (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. REV 4-2-82 RECITALS WHEREAS, O^wner 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 1 improve WHEREAS, Developer has contracted with Owner to pxreo&mre the Property and proposes a development project as follows: Restaurant on said Property, which development carries the proposed name of Palomar Place and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 29 day of 1984 , with the City a request for Tentative Parcel Man 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 • . :: - 859 o ^WHEREAS, Developer and Owner have asked the City to find that public faciliti-es 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 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 -3- REV 4-2-82 860 :; 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- REV 4-2-82 •-v- 861 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 4-2-82 862 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- REV 4-2-82 I • 863 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: Paul Ecke. Sr. Palomar and Company, (Name),,. ~. '. .,'.,a General Partnership _^__^__ BY (Name)~~~^ Russell W.'Grosse TITLE TSignature) _^__^ BY (Name) TITLE (Signature) ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California <2t4*-s Ar-3f*^££. <^Lfta*5T BY ALETHA Ti. RAUXBtt^flANZ^/" f '/ City Manager ' City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney ', Assistant (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached. ) -7- REV 4-2-82 Eo 2. cao•c<D Ic\r00 CO CO STATE OF CALIFORNIACOUNTY OF San Diego }ss.864 - On_30 November 1984 said State, personally appeared.Russell W. Grosse _, before me, the undersigned, a Notary Public in and for ffla oO 0) personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within instrument as 1 -fm jf"gH partners), on behalf of Palomar and Company , the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand, and official seal. S Signature. M^LSEAL <£/;^ (-ONZALE3 i.^ao COUNTY My Comm. bxcirw Nov. 7, (This area for official notarial seal) STATE OF CALIFORNIASan DiegoCOUNTY OF. On 30 November 1984 said State, personally appeared Paul Ecke, Sr . _,before me, the undersigned, a Notary Public in and for •COCO OOCO personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub-< iscribed to the within instrument and acknowledged to me that, he/she/they executed the same. WITNESS my hand and official seal. OFFICIAL SEALKARR£N GQNZALES NOTARY PUBUC - CALIFORNIA SAN DiSGO COUNTY My Comm. Expires Nov. 7, 1986 f**i**J*^*>7' Signature. Karren GonzaJes (This area for official notarial seal) 865 EXHIBIT "A" . LEGAL DESCRIPTION That portion of Let **•** of lancho Agua Kedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition Nap No. 823, filed in the Office of the County Recorder of said county, November 16, 1896, described as follows: Beginning at the point of intersection of the easterly line of the 100.00 foot right of way of the Atchlaon, Topeka and Santa Pe Railroad Company, as described in deed to the California Southern lailroad, filed March 10, 1881 in Book 38, Page 171 of deeds with the northerly line of Parcel 2 of the land described in deed to the State of California, recorded July It, 1965 aa Document No. 108756 of Official Records; thence along said boundary line of the State of California land, South 65*49'21" East to an angle point; thence South 73*39*04" Ea«t 287.96 feet to an angle point, being the TRUE POINT OF 1EGHW1NC; th'ence South 84*21'32" East 96.45 feet; thence North 45*45'59" East 68.41 feet; thence north 1*45'25" last 92.00 feet; thence north 78*07'26" West 217.96 feet; thence South 11*52'34" Heat 131.50 feet to the beginning of a tangent 20.00 foot radius curve concave northeaaterly; theacc southeasterly along said curve 29.85 feet through an angle of 85*31'38" to a point of tangeacy with that course described above which bears South 73*39'04M East 81.91 feet to the THJE POINT OF BEGINNING.