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Home My WebLink AboutPCD 67; TRAYER, JACK AND CHARLES; 89-005754; Public Facilities Fee Agreement/Release0 2341 r— — r c 00575* ecording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 83J,'«-5 AH 8: 51 v^y !- '-" * >: : RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF4QU AR 2.00 "1 MGl.OQ J PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and Trayer, Jack B. & Charles N. (84-108) required by an Application for PCD-67 , as Document No. 84-406796 and recorded on is hereby released for the following reason: jcxxl Fees Paid and Obligation Satisfied | | Application Withdrawn |~~| Other DATED:12/12/88 CITY OF CARLSBAD MARTIN ORENYAK Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney D AS TO FCRM: F. BIONDO, JR., Crrf AnOH STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) 0 2342 On December 29, 1988 , 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.. #*********»******************J OFFICIAL SEAL KAREN R. KUNDTZ . NOTARY PUBLIC-CALIFORNIA * SAN DIEGO COUNTY My Comm. Exp Sept. 27, 1989 ****************************** Notary RECORDINGiREQUESTED B. AND *'7HEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 1677 81-406796 QCT 29 m » 20 Space above this lin tfdei^' s use Documentary transfer tax: $ No fee , 19 84 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 20 day of JUNE by and between JACK B.TRAYER and CHARLES N.TRAYER OWNER (n ame of developer-owner) a PRIVATE (Corporation,partnership,etc.) "Developer" whose address is 1257 MAGNOLIA AVE. , hereinafter referred to as (street) CARLSBAD,CA. 92008 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of CalifornjL hereinafter referred to as "City", whose address jus^!200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the r e aH^jj r o p e r t_ __d_e-8-trf1 b e d 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: ADDITION of single family unit ATTACHED to existing 2 car garage.and 9 REV 4-2-82 for existing house NO FEE Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 204-192-05 "... 1678 on said Property, whit_n development carries the proposed name of NA and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the ?Q day of JUNE 84 . with the City a request for PTAN1STTNC CDMMTSTON DETERMINATION 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 hat 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 <- 1679 NOW, THEREFORE, v consideration of the reci ,1s 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 2Z 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 -•<• 1690 2. The Developer may offer to donate a site or sites for public facilities in li"6u 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 Genera,! 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 l> ^-82 •^ 1681 6. All obligation, rtereunder shall terminate n 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 Che 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 1682 * IN WITNESS WHEREOF, this agreement is executed in San Diego County, California aa of the date first written above. DEVELOPER-OWNER: (name) BY (Title) ATTEST: LLL CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ALETHA L. RAUTENKRANZ, City Clejrk APPROVED AS TO FORM: Af*PROVE[) AS (VINCENTF. BIO aniei S. rientschke, Assfetent VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be at Cached. ) -6- REV 4-2-82 Of COUNTY OF Mtf DWO) 1683 On thla 25th Kevin £.of September , In the year 198*1 , before ae, a Notary Public, pertoualiy appeared Janie A Trayer and proved to me, on the basis of satisfactory evidence, to be the person who* name is subscribed to the within Instrument, and acknowledge to me that she executed it. IN WITNESS WHEREOF, I have set my hand and official seal of the State of California. OFFICIAL SEAI, KEVIN E. NORMAN NOTARY PUBLIC-CALIFORNIA NOTARY BOND KILLO IN SAN DIEGO COUNTY ii*slon Expires October 16, 1987 Kevin S. Norman Notary Public t Ms I I CAT. NO. NN00627 TO 1944 CA( 1-83) (Individual) STATE OF CALIFORNIA COUNTY OF San Dieqo TICOR TITL6 INSURANCE On Sept. 24. 1984 said State, personally appeared —-—', ss. before me, the undersigned, a Notary Public in and for T.. , personally known to me or proved to me on the basis of satisfactory evidence to be the person^, whose name ~ IS subscribed to the within instrument and acknowledged that sh^ exe- cuted the same. WITNESS my hand and official seal. Signature- Burns OFFICIAL SEAL J.M. BURNS Notary Public - California Principal Office In _ San Dittgo County < i My Commission Expires July 1,1968^ STATE OF CALIFORNIA COUNTYOF On }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.£erson(s) whose narne(s) [s/are subscribed to the within instrument and acknowledged to me that.he'sne'tneV executed the same. WITNESS my hand and official seal. OFFICIAL SEAL PAMELA J CASH NOTARY PUBLIC - CALIFORNIA SAN DICGO COUNTY My comm. expires NOV 7, 1986 (This area for official notarial seal) ',.00 1684 EXHIBIT "A" LEflAL DESCRIPTION THE NORTHWESTERLY 63.44 feet of the SOUTHWESTERLY 95.15 feet of LOT 4 in BLOCK B of the resubdivision of a portion of ALLES AVOCADO ACRES, in the city of CARLSBAD,COUNTY OF SAN DIEGO,STATE OF CA. according to MAP NUMBER 2027,filed in the OFFICE ofthe COUNTY RECORDER OF SAN DIEGO COUNTY,MAY 17,1927 INDIVIDUAL ACKNOWLEDGMENT: (To Be Used by Persons Who Sign As an Indi STATE OF California county of San Diego On this _ 19«<n day of _ : _ JUR6 19 Q4 , before me personally appeared Jack B. Trayer known and known to me to be the individual(s) described in and who executed the foregoing agreement and acknowledged that he executed the same for the purposes, considerations and uses therein set forth as h IS free and voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. My Commission expires 12/2Q/Oty Ci • (Seal)Notary Public, residing at Car IS bad California S-802 Rl 10/72