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HomeMy WebLinkAboutMS 723; HILL, CLAY AND MILDRED/PAHL, BRUCE AND LAURA; 1991-0072067; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: CITY OF CARLSBAD 1200 E!m Avenue " Carlsbad, CA 92008 1009 Of.; ft"- 1991-0072067 15-FEB-1991 11=49 Hil 8AH OIEGO COuhTY RECORDER'S OFFICE RHHETIE ElifiHSi COUHTi RECORDER 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 Hill, Clay S Mildred & Bruce & Laura Pahl (86-16) required by an Application for MS-723 04/15/86 , as Document No. and recorded on is hereby released for the following reason: ED Fees Paid and Obligation Satisfied i } Application Withdrawn HH Other Dated:01/30/91 ATTEST: AL5THA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM VINCENT F. 8IONDO, JR. City Attorney CITY OF CARLSBAD MARTIN ORENYAK\ Community Development Director STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) s s 1010 On February 8, 1991 , before me the undersigned, a Notary Public in and for said State, personnally 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 the official seal. OFFICIAL SEAL :KAREN R. KUNDTZ NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN SAN OlEGO COUNTY My. Cnmm Exp. Sept. 27,1993 0 385 X"V 8ekl453iB RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 HLCORDED SNi OFFICIAL B-C.U:'<;.I.-, } .-1!" K '- :; "'."",* rr'tf.;* ' 1988 APR 15 PH 2 !£ VERAL.UYLECOUNTY RECORDER RF //TI AR ^ TLR ' MG / Space above this line Tor Recorder a use DOCUMENTARY TRANSFER TAX fL-- Signature of declarant det-ermining tax-firm name City of Carlsbad Parcel No. 156-110-15,57,18 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OP A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 4th day of March by and between Clay B. Hill and Mildred S. Hill, Bruce A. Pahl and Laura J. Pahl 1986 (name of developer -owner) S.vi (Corporat ion, partnership, etc.) "Developer" whose address is P. 0. Box 399 , hereinafter referred to as (street) Carlsbad, CA 92008 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 1200 Elm Carlsbad, California, 92008. / / \iO' WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made 4 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: Developer proposes to split 2 existing parcels into 3 REV 4-2-82 0 386 on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the ^rt^day of March 19 as , with the City a request for Tentative Parcel Map approval 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 0 387 NOW, THEREFORE, in consideration of the recl^ls 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 Co 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 'x 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 P 388 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 0 389 6. All obligat ioire*'hereunder shall t erminate'Wn 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 Dev-eloper 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 0 390 IN WITNESS WHEREOF, this agreement is executed, in San Diego County, California a* of the date first written above. DEVELOPER-OWNER: CLAY B. HILL and MILDRED S. HILL BRUCE A. PAHL and LAURA J. PAHL jnM|e)- BY R ^ ^j£_^L^y* :>(-' BRUCE A. PAHL Owner-Developer (Title) LAURA J. PAHL Owner-Developer (Title) ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager CLAY B/<7 HILL-Owner MILDRED S. HILL-Owner i APPROVED AS^TO FORM: VINCENT F. BIONDQ,,^ City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) —6 — REV 4-2-82 NO. 201GENERAL ACKNOWLEDGMENT stateof CALIFORNIA Gisela HauserCounty of SAN DIEGO the undersigned Notary Public, personally appeared Bruce A. Pahl and Laura J. Pahl OFFICIAL SEAL GISELA HAUSER NOTARY PUBLIC-CALIFORNIA NOTARY BOND FILED IN SAN DIEGO COUNTY My Commission Expire* July 14, 1989 D personally known to me to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand and official seal. Notary's Signature GENERAL ACKNOWLEDGMENT Stateof CALIFORNIA i County of SAN DIEGO NO. 201 On this the day of March 1986 , before me, ss. OFFICIAL SEAL GISELA HAUSER NOTARY PUBLIC-CALIFORNIA NOTARY BOND FILED IN SAN DIEGO COUNTY j My Commission Expires July 14, 1989 ***«****•**«**********+***««******** the undersigned Notary Public, personally appeared Clay B. Hill and Mildred S. Hill _ D personally known to me J5<C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are _ subscribed to the within instrument, and acknowledged that they __ executed it. WITNESS my hand aod official seal. _ Notary's Signature 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 0 392 EXHIBIT "A" LEGAL DESCRIPTION .4) PARCEL A: Th« Eaat 85.38 feet of th« North 162.00 feet of th« following deacribed parcel of landt The Eaaterly 2 Acres of the Weaterly 3 Acrea of that portion of the Southeast Quarter of the Southwest Quarter of Section 31, Township 11 South, Range 4 Weat, Sao Bernerdlno Baae and Meridian, in the City of Carlabad, County of San Diego, State of California, according to United Statea Cover note at Survey approved December 27, 1870, deacribed aa follower i Beginning at a point in the Quarter Section line, dlatant North 0*02' Weat 814.85 feet from the Southeaat corner of the Southweat Quarter of aald Section 31. Townehip 11 South, Range 4 Heat, aa ahown on Map of LACUNA MESA TRACT NO. 1719, recorda of San Diego County, which point la the Northeaat corner of the land conveyed by Olive R. Craig and Cheater A. Craig to Benjaaln A. Prantz, et al, by deed recorded in Book 1770, page 311 of Deede; thence continuing along aald Quarter Section line North 0*02' Weat 329.53 feet to a point which la the Southeaat corner of Lot 1, CEDAR HILLS ADDITION, aa ahown on Map No. 532. filed April 25, 1888; thence North 89*59* Weet along the South line of aaid CEDAR HILLS ADDITION, 660.00 feet to a point; thence South 0*02* Beat 329.53 feet to a point which la the Northweat corner of aald land of Baojaain A. Frantt, et al; thence South 89*59' Eaat along the North Una of aaid land of Benjaado A. Prantz, at al, 660.00 feet to the Point of Beginning. PARCEL B: The Eaat 85.38 feet (excepting the North 162 feet) of the following deacribed land: The Eaaterly 2 Acrea of the Weaterly 3 Acrea of that portion V>f the Southeaat Quarter of the Southweat Quarter of Section 31, Townehip 11 South, Range 4 Weat, San Bernardino Baae and Meridian, in the City of Carlabad, County of San Diego, State of California, accordlnt to United Statea Government Survey approved December 27, 1870, deacribed aa followa: Beginning at a point in the Quarter Section line dlatant North 0*02' Weat 814.85 feet fro* the Southeaat corner of the Southweat Quarter of eeld Section 31, Townehip 11 South, Range 4 Weat, aa ahown on Map of LACUNA MESA TRACT NO. 1719, recorda of aald County, which point la the Northeaat corner of the land conveyed by Olive R. Craig and Cheater A. Craig to Benjanln A. Prants, et al, by Deed, recorded in Book 1770. page 311 of Deeda; thence continuing along aaid Quarter Section line North 0 02' Weet 329.53 feet to e point which le the Southeaat corner of Lot 1 of CEDAR HILLS ADDITION, ea ahown on Map No. 532, filed April 25, 1888; thence North 89*59' Weet along the South line of aaid CEDAR HILLS ADDITION, 660 feet to e point; thence South 0*02' Eaat 329.53 feet to a point 0 393 -> '*<r which la the Northwest corner of said land of Benjamin A. Prantz, et al; thence South 89*59' East along the North line of said land of Benjamin A. Frantc, et al, 660 feet to the Point of Beginning. PARCEL C: All that portion of the Southeast Quarter of the Southwest Quarter of Section 31, Towuahip 11 South, Range 4 Weat, San Bernardino Base and Meridian, In the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at a point in the East line of said Southwest Quarter, distant North 0*02' West 814.85 feet from the Southeast corner of the Southwest Quarter of said Section 31 as shown on the Map of LACUNA MESA TRACT NO. 1719, said point being the Northeast corner of the land conveyed by Olive R. Craig and Chester A. Craig to Benjamin A. Frantz, et al, by Deed recorded in Book 1770, page 311 Of Deeds; thence continuing along the East line of said Southwest Quarter North 0*02' West 89.00 feet; thence North 89*59' West 263.52 feet to the East line of the land described in Deed to Joseph Zubreczky, et ux, recorded May 5, 1952 in Book 4456, page 500 of Official Records; thence along said East line South 0*02' East 89.00 feet to a point in the North line of said Frantz land; thence South 89*59' East along the North line of said Prantz land 263.52 feet to the Point of Beginning. l»/rrr