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i } Application Withdrawn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