HomeMy WebLinkAboutMS 692; SHAFER, CHARLES AND JACQUELINE; 89-041295; Public Facilities Fee Agreement/Release1449 §S 041295
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
RF-&QO
AR2.00
MG 1.00.
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Shafer. Charles & Jacqueline (85-42)
required by an Application for MS-692
5- 10 ~as Document No. 85-165405
and recorded on
is hereby
released for the following reason:
}fxx| Fees Paid and Obligation Satisfied
| | Application Withdrawn
|~~| Other
DATED:
ATTEST:
12/29/88
CITY OF CARLSBAD
By
MARTI RW1TYAK
Community Development Director
ALETHA L. RAUTENKRANZ }
City Clerk
APPROVED AS TO FORM: ' -t-'ROVED AS TO FORM:
' '-NSSyT F. BIONDO, JR., CITY ATTORNEf
VINCENT F. BIONDO, JR.
City Attorney !
RONALD R. BALL
By
? 1450
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On January 11, 1989 , before me the undersigned, a
Notary Public in and for said State, personally 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, and acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the official seal.
****************
OFFICIAL SEAL {
*
«. ******************************
LrJilSfta KAKtIN K. I\UINUI£ * . n.- - • -Ti
IIP w/£tfSc=RN1A I >tary Public)
^ VyasX My Comm Exp Sept 27, 1989 J '—
******************************
» — »
RECORDING REQUESTED BY^AND )
WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
)
)
)
1985 MAT 10 AM!0= U
UVCRAL..LV r i)UNJY r;r;'f;KMn> -
Space above tTi Is" line f or-B-«-corder ' s use
Documentary transfer tax: $ No fee 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
^7 (<?.
of , 196'
by and between
(name of developer -owner)
a C'V>~-'|O "^ v
(Corporation, partnership, etc.)
"2 1 "1 '
, hereinafter referred to as
(street)
"Developer" whose address is
(A ^-Z^XQ _ and THE CITY OF
(Ci ty \ state , zip code )
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200_
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real prosper fTy~ 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:
REV 4-2-82
on
- - 758
said Property, which development carries the p*"xo posed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the _ day of
19 _ , with the City a request for _ & ^- i O \~~v v -£V~
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
759
NOW, - THEREFORE j^^n consideration of the re^^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
--. 760
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 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-
REV 4-2-82
761
6. AM obligations her^eunder snail terminal,^ 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
c -. 762 ::
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
\
(name)
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
ATTEST:
rk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
GENERAL ACKNOWLEDGMENT
Attorney
, Assistant
19 '5, before me,
the undersigned Notary Public, personally appeared
D personally known to me
EKproved to me on the basis of satisfactory evidenceOFFICIAL SEALV.ARCIA N BERG
NOTARY PUBLIC • CALIFORNIA
SAN DIEGO COUNTY
My comm. expires FEB 12, 1989
to be the person(s) whose name(s)subscribed to the
executed it.within instrument, and acknowledged that
WITNESS mv hand and official seal.
Notary's Signature
7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
TYPE: GP
COMP: \-763
DESCRIPTION
PA 5
PARCEL 1:
A portion of Lot "J" in the Rancho Agua Hedionda, In the City of Carlsbad,
County of San Diego, State of California, according to Partition Map
thereof No. 823, filed in the office of the County Recorder of San Diego
County, November 16, 1396, described as follows:
Beginning at the Southwest corner of said Lot "J" marked by a 6 inch
galvanized iron pipe fifUjled with cement; thence North 23°33'00" West
along the Southwesterly boundary line of said Lot "J" a distance of
179.37 feet to a point on the Northerly line of the County Road as shown
on Licensed Surveyor's Map No. 441 ; thence continuing North 23"33'00"
West along the Southwesterly boundary line of said Lot "J" a distance of
351.08 feet; thence North 66*40 '50" East a distance of 230.97 feet to the
TRUE POINT OF BEGINNING; thence North 66e40'50" East a distance of 323.03
feet to the Northeasterly line of land conveyed to Lewis D.Craig, et ux,
by deed recorded in Book 2074, Page 307 of Official Records of San Diego
County; thence South 23°19'10" East along said Northeasterly line 145.00
feet to the Northeast corner of land conveyed to Doane Harrison, et ux,
by deed recorded in Book 2820, Page 251 of Official Records; thence South
66°40'50" West along the North line of said Harrison land 323.03 f eet ,£o
the Southwesterly line of land so conveyed to Grace B. Roe by deed recorded
in Book- 2266, Page 396 of Official Records of San Diego County; thence along
said Southwesterly line North 23°19'10" West, 145.00 feet to the TRUE POINT
OF BEGINNING.
FA 9,60
B-447566
A-590462
E-18122
B-660263
PARCEL 2:
An easement for road and public utility purposes over a portion of Lot "J"
of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego,
State of California, according to Partition Map thereof No. 823, filed in
the office of the County Recorder of San Diego County, November 16, 1896,
described as follows:
Beginning at the Southwest corner of said Lot"J" marked by a 6 inch .,,...
galvanized iron pipe filled with cement; thence North 23°33'00" West along
the Southwesterly line of said Lot "J" a distance of 179.37 feet to a point
in the Northerly line of the County Road as shown on Licensed Surveyor's
Map No. 441 on file in the office of the Recorder of said San Diego County;
thence continuing North 23°33'00" West along the said Southwesterly boundary
line of said Lot "J" a distance of 351.08 feet; thence leaving said South-
westerly boundary line of said Lot "J" North 66°40'50" East a distance of
230.97 feet; thence South 23°19'10" East a distance of 317.91 feet to a
point on the Northerly line of said County Road, said point being on a
curve concave to the South and having a radius of 326.09 feet and whose
bearing is South 15°57'17" East; thence Easterly along said Northerly line
12.02 feet to the TRUE POINT OF BEGINNING; thence North 23°19'10" West a
distance of 179.74 feet to a point on the Northerly boundary line of the
land conveyed to Doane Harrison, et ux, by deed recorded in Book 2820, Page
251 of Official Records; thence along said Northerly line North 66°40'50"
East, 10.00 feet; thence South 23°19'10" East, 182.00 feet to a point in the
said Northerly line of the said County Road; thence along said Northerly
line South' 79°24'00" West, 10.25 feet to the TRUE POINT OF BEGINNING.
page 1 of 2
TYPE: GP
764
Typed
10-23-69
B-447566
A-590462
£-18122
B-660263
PARCEL 3:
An easement for road purposes over that portion of Lot "J" of the Rancho
Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to Partition Map thereof No. 823, filed in the
office of the County Recorder of San Diego County, November 16, 1896,
described as follows:
Beginning at the Southwesterly corner of said Lot "J" marked by a 6
inch galvanized iron pipe filled with cement; thence North 23*33'00"
West along the Southwesterly boundary of said Lot "J" a distance of
179.37 feet to a point on the Northerly line of the County Road, as
shown on Licensed Surveyor's Map No. 441; thence continuing North
23e33'00" West along said Southwesterly boundary line a distance of
351.08 feet; thence North 66*40'50" East, 205.97 feet to the point of
beginning; thence North 66°40'50" East a distance, of 25.00 feet; thencft
South 23°19'10" East, 322.13 feet to the Northerly line of said County
Road, the same being a curve concave to the South, having a radius of
326.09 feet; thence Westerly along said curve through an angle of
04°27'28" an arc distance of 25.37 feet; thence North 23*19'10" West,
317.91 feet to the TRUE POINT OF BEGINNING.
Page 2 of 2