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
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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D Application Withdrawn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.