HomeMy WebLinkAboutMS 741; JOHNSTON, JANE E; 1991-0632988; Public Facilities Fee Agreement/ReleaseRecording Requested By
and Return To:
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
836 DC 8 1991-109-DEC-1991 11=28 AH
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
RELEASE OF AGREEMENT ANNETTE EUANS, COUNTY RECORDER
TO PAY PUBLIC FACILITIES FJES rJJWT~ <-. UU
PIF: 1.00PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees
between the City of Carlsbad and Johnston, Jane E. (86-67)
9.00
required by an Application for MS-741
released for the following reason:
0 Fees Paid and Obligation Satisfied
D Application Withdrawn
D Other
., as Document No. 86-617838
and recorded on
is hereby
DATED: 11-05-91
ATTEST:
CITY OF CARLSB^
By
MARTIN
Community Development Director
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENTNF. BIONDO, JR.
City/Attorne
REVISED 9/90 FRM00021
837
STATE OF CALIFORNIA )
) ss .
COJ'STY OF SAN DIEGO )
On ^^y^^u^ /•* /??/ , before me the undersigned, a
Notary Public an and for said State, personally appeared Aletha L.
Rautenkranz_ _ _ > known to me to be the City Clerk _
o f ""the City ofCarlsbad, a Municipal Corporation of the State of California,
kr^pwri to me to be the person who executed the within instrument on behalf
or*"said Municipal Corporation, and acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the official seal.
OFFICIAL SEAL
KAREN R. KUNDTZ
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My. Comm. Exp. Sept 27,1993
• RECORDING REQUESTED BY Ml
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
434 617838
S DEC 30 AH 8 20
^CRA I—m w
Space above this line for RecordjeHW^fc^RECORDER
Documentary transfer taxi TJF /6 1
AR >" I
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.A.P.N. 206-260-25
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis
by and between _ __
of the Johnston Family 1981 Trust
of 19
Gordon A. Johnoton CH»4- Jane E. Johnston, co-trustees-
(name of developer-owner)
hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 3945 Highland Drive,
(street)
Carlsbad, California 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 Avenue, Carlsbad, Califpfihia,
92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property 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:Two Lot Parcel Map
REV 4-22-86
435
on said Property, which development carries the proposed name of
_ (no name proposed)
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the fty day of
' ~
19 86 , with the City a request for a tentative parcel map
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 22, 1986, 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
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.
NOW, THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
-2-
REV 4-22-86
436
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.5% 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 of existing building or structures into condominiums in
an amount not to exceed 2.5% 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 the 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 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
-3-
REV 4-22-86
437
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.
6. All obligations hereunder shall terminate in the event the Requests
made by Developer are not approved.
-4-
REV 4-22-86
438
7. Any notice from one party to tne 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 ensure 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 4-22-86
439
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
Gordon—A-:—Johnston
Jane E. Johnston
(name)
BY
Owner/Co-Trustee
CM tie J
BY
Owner/Co-Trustee
(Title)
(PA-
CITY OF CARLSBAD, a municipal
corporation of the
State of California
By
MARTIN ORENYAK
Community Development Director
ATTEST:
AS TO FORM:
APPROVED AS TO FORMVIN^T F. BIONDO, JR., CITY ATTORNEY
L/2.
RONALD R. BALL
VINCENT F. BIONDO, JR.,
City Attorney
CAT. NO. NN00627
TO 1944 CA (1-83)
(Individual)
TICOR TITLC INSURANCE
t
blsX
u
0.
STATE OF CALIFORNIA
COUNTY OF
On _
said State, personally appeared .
SS.
before me, the undersigned, a Notary Public in and for
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person whose name J& subscribed to the
within instrument and acknowledged that X~/i U exe-
cuted the same.
WITNESS my ha*d and official seal.
OFFICIAL SEAL
KAY F CHRISTIANSEN
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires JUN 2, 1989
(This area for official notarial seal)
440
EXHIBIT "A"
LEGAL DESCRIPTION
All that portion of Tract 242 of THUMB LANDS in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1681, filed in the Office of the County
Recorder of San Diego on December 9, 1915 described as
follows:
Beginning at the Northwest Corner of that land conveyed by
Metta McD. Johnson and George X. Johnson to Albert S. Hawkes
by deed dated August 18, 1927 and recorded in Book 1393, Page
367 of Deeds thence; North 61 21'00" East, along the
Northwesterly line of said Albert S. Hawkes land, 238.40 feet
to the Westerly line of Highland Drive (formerly Highland
Street) thence; North 28 39'00" West, along said Westerly
line, 122.13 feet thence; South 61 21'00" West 109.40 feet
thence; South 28 39'00" East 32.13 feet thence; South
61 21'00" West 129.00 feet to a line which is parallel with
the centerline of said Highland Drive and Westerly from said
centerline 268.40 feet, measured at right angles to said
centerline, thence; South 28 39"00" East, parallel with said
centerline 90.00 feet to the Point of Beginning.