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HomeMy WebLinkAboutPCD 88; KER-KONG TUNG; 89-432599; Public Facilities Fee Agreement/Release1963 v f ' Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES AR2.00 MG 1.00 PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad and Ker-Kong Tung (86-2) required by an Application for PCD-88 and recorded on , as Document No. 86-027215 is hereby released for the following reason: t J Fees Paid and Obligation Satisfied | J Application Withdrawn }bod Other Superseded by Record # 86-530219 Dated: July 25, 1989 ATTEST: ALETHA L. RAUTENKRANZ City Clerk AP VED AS TO FORM VINCE City Attorney CITY OF CARLSBAD By -3—s->^S^- -\ MARTIN ORENYAK^\ Community Development Director STATE OF CALIFORNIA ) , 1964 COUNTY OF SAN DIEGO ) On August 4, 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 ot the City of Carlsbad, a Municipal Corporation of the State of California, -- --i— ^VQr,1lt-0f^ fhe withi Rautenicranz , _..of the City of Carlsbad, a Municipal Corporation or cne ouauc. w_ 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. ************************At I KAREN R. KUNDTZ * ******* NOTARYSAN HEGt OUNTY My C*mm, E«». S«*t. 27, ISM J **** My C*mm, t»», xw,. ~.. . >**********************< 824 RECORDING, REQUESTED BY WHEN -RECORDED MA IT.. TO: CT.TY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Space ab; j> P 027215 > I ( '"I ' '.1 • I ic, . ISoO JAN 22 p;^ 2: 05 VERA i > YI F i^COUNTY RECORDER' Documentary transfer tax:^$" $ >£*X Signature of declarant determining tax-firm name City of Carlsbad Parcel No.33£~ AR TLR MG / AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into th is ^J^_^ ay of A^y u_fj , -fa A/Or 19<j£ by and between (n ame of developer-owner) if*, hereinafter referred to as (Corporation,partnership, etc.) "Developer" whose address is / / ij / A/) /'// 0 lAi **/ ree t) and THE CITY OF enue, (City, stare, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is^J-£03J—•B-fri Carlsbad, California, 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: An jz REV 4-2-82 -C °J 825 on said P-roperty, whicrr development carries the pTISposed name of / /f _L 1/7 IIZ-^C- £*2"^*- V1 / / 0.]^ and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the <£// day of 19 $\ , with the City a request for 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. REV 4-2-82 ^ w 826 NOW, THEREFORE>w,n consideration of the re ;als and the covenants contained herein, the parties agree as follows: 1. The_. Deve loper 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 u. 827 •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 des cribed. -4- REV 4-2-82 ide' 6. All obi igat i v (;3 hereunder shall 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 4-2-82 829 EXHIBIT "A1 LEGAL DESCRIPTION rt ^ Dtoto , jfjc v , ,, tr/ f / / i>, 830 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (name) BY I/A (Title) BY "(Title) ATTEST: xy L . APPROVED AS TO FORM: V, 7igy Clerk CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager c// J" j>.'< fl/ 6 M pi Lo r^ H 0^ H i fit J VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNTS/R must be at tached. ) -6- REV 4-2-82 ATTORNEY-IN-FACT ACKNOWLEDGMENT OFFICIAL SEAL NANCY M. MARTINEZ RY PUBLIC-CALIFORNIA AN DIEGO COUNTY mission Expires Nov. 30 83 NO. 204 . day of.AugustOn this the. before me, the undersigned Notary Public, personally appeared Kor-Konr Tun p. (name of attorney in fact), D personally known to me •ff proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney in fact of Loretta Hines person not appearing before Notary), the principal, and acknowledged to me that he (he/she) subscribed the principal's name thereto and h i q 7140 122 (his/her) own name as attorney in fact. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 » I to11 in "3. S1 O STATE OF CALIFORNIA COUNTY OF San Diego On this the 5th . day of SAFECO TITLE INSURANCE Q C19 ° , before me the undersigned, a un mis me ~ "•- " . Notary Public in and for said County and State, personally appeared to me or provi and acknowledged that _ , personally known 'ed to me on the basis of satisfactory evidence to be the whose name *-s subscribed to the within instrument •Up" executed the same. Signature of Notary FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LETJCIA M. VILLANO NOTARY PuBUC-CAlirORHlA „ PRINCIPAL OFFICE IN 5 EAN OlCGO COUNTY 2J Comtnission txp. Ian. 8, 1 388 3» ATTORNEY-IN-FACT ACKNOWLEDGMENT NO. 204 > On this the . day of.August 19. ss.before me, the undersigned Notary Public, personally appeared _ Ker-Kona Tunp, _ (name of attorney in fact), D personally known to me ^ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney " OFFICIAL SEAL NANCY M. MARTINEZ -W *.&£u NOTARY PUBLIC-CALIFORNIA &<ZfW SAN DIEGO COUNTY130' My Commission Expires Nov. 30, 1S87 b %j!sc:o<^^—<~-i:<:<3"'^>-—•o-S'CKS'.sjl in fact of.Frpririr.lt . (name of person not appearing before Notary), the principal, and acknowledged to me _ (he/she) subscribed the principal's name thereto andthat.he his . (his/her) own name as attorney in fact. WITNESS my hand and official seal. Notafy's Signature ATTORNEY-IN-FACT ACKNOWLEDGMENT NO. 204 State of_<°a1 ifornia On this the day of August .19. County oL San Dien.o >SS.before me, the undersigned Notary Public, personally appeared Ker-Konp Tunp, (name of attorney in fact), D personally known to me ^proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney .. (name ofin fact of.T.-inria M person not appearing before Notary), the principal, and acknowledged to me he (he/she) subscribed the principal's name thereto and (his/her) own name as attorney in fact. WITNESS my hand and official seal, DU' Notary's Signature OFFICIAL SFAI f'ANCY M. MARTINEZ i.:C':V ;•:•( K:3i IC-CALIFORNIA •-/.:! UiEGC COUNTY ,iy Commission Expire; Nov. 30, 1987! 7140 122 ATTORNEY-IN-FACT ACKNOWLEDGMENT NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodla ls, CA 91364 NO. 204 State nf California On this the 1.6 before me, the undersigned Notary Public, personally appeared Ker-Kon Tun _ (name of attorney in fact), D personally known to me Qtproved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney in fact of Kenneth J. Pierre person not appearing before Notary), the principal, and acknowledged to me that _ he _ (he/she) subscribed the principal's name thereto and «•".%:;-/ \vv ^cnu.iii^liJ-"' ' .^. *•*(his/her) own name as attorney in fact. WITNESS my hand and official seal. otarys Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 ATTORNEY-IN-FACT ACKNOWLEDGMENT NO. 204 State of California San Die° On this the.16 . day of. County of • SS. before me, the undersigned Notary Public, personally appeared > OF^iAL SEAL ''A NANCY M. MARTINEZ;-,:: NOr,v;Y PUBLIC-CALIFORNIA'•'/' :/N O;EGO COUNTY .-- ,,v C^r:r.:.::.:M Expire: Nov. 30, in •- D personally known to me tr proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney in fact of npt-t-y M. nrnp]^ (narne Of person not appearing before Notary), the principal, and acknowledged to me that _: (he/she) subscribed the principal's name thereto and his WITNESS my hand and official seal. (his/her) own name as attorney in fact. Notary's Signatur ATTORNEY-IN-FACT ACKNO 833 NO. 204EDGMENT State nf California San Dierxo before me, the undersigned Notary Public, personally appeared Ker-Konp, Tun." (name of attorney in fact), D personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney Chign-Yunft '.fei _ __ (name of OFFICIAL SEAL NANCY M.MARTINEZ person not appearing before Notary), the principal, and acknowledged to me that he _ (he/she) subscribed the principal's name thereto and™'^ *••»** *' a?, 1337..--.- (his/her) own name as attorney in fact. WITNESS my hand and official seal. Notary's Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 913647140 122 ATTORNEY-IN-FACT ACKNOWLEDGMENT SgS8SS8S3S33» NO. 204 California before me, the undersigned Notary Public, personally appeared Kpr-Knn<> Tun (name of attorney in fact), D personally known to me QC proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney Henrietta Nad j OFFICIAL SEAL NANCY (v1. M'\3TINEZ NOTARY PUBLIC-CALIFORNIA SAN Di-_GO COUNTY •s-f*' My Coinr.j-^ion Expires Nov. 30, 1937 person not appearing before Notary), the principal, and acknowledged to me that he (he/she) subscribed the principal's name thereto and (his/her) own name as attorney in fact. WITNESS my hand and official seal. Notary s Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hilft, CA 91364 ATTORNEY-IN-FACT ACKNOWLEDGMENT California before me, the undersigned Notary Public, personally appeared Ker-Kong Tuna . (name of attorney in fact), D personally known to me ^0 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney in fact of Mlroslav Nadj (ngme Qf person not appearing before Notary), the principal, and acknowledged to me that lie (he/she) subscribed the principal's name thereto and his . (his/her) own name as attorney in fact. OFFICIAL SEAL f-JANCY M. MARTINEZ :-Tr"\-Y ': RLiC-CALIFORNIA '-.-M r;:--,V* COUNTY .-,,-, ;-,-, :-v-irc;Ncv. 30, 19371 Notary's Signature ssssss^ssssagsssassssssesgssssss^ WITNESS my hand and official seal. State of California County of San DleS°> On this the day of SS. SAN DIEGO COUNTY ' 8 .iLU^-~°iEJLpircs Nov. 30, 13373'-"^---oos^cxr^j before me, the undersigned Notary Public, personally appeared Ker-Konp Tunp, ~~ ~ • — (name of attorney in fact)D personally known to me ficproved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within .instrument as attorney in fact of Yuan-Pin V/ano; person not appearing before Notary), the principal, and acknowledgldTmt that he (he/she) subscribed the principal's name thereto and WITNESS my hand and official seal (his/her) own name as attorney in fact. 7140 122 rys Signature SSSSSSi NATIONAL NOTARY ASSOCIATION ATTORNEY-IN-FACT ACKNOWLEDGMENT . 204 3ss. OFFICIAL SEAL NANCY M. MAR I INEZ ,^'vPunuC-CALiFORNIA ""CAN DIEGO COUNTY .,. rv.ii-<i<ir. Exires Mv. ,iU, iSii before me, the undersigned Notary Public, personally appeared Ker-Kong Tung. (name of attorney in fact), D personally known to me SJ<proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney in fact of Louisa Y. Hang (name of person not appearing before Notary), the principal, and acknowledged to me that he (he/she) subscribed the principal's name thereto and h/Lg (his/her) own name as attorney in fact. WITNESS my hand and official seal. Notary's Signature \ i^sassssasgs^^^^^^^^^^^^^^^^^^^^^^^NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. . P.O. Box 4625 • Woodland Hills Cl t\J )£.£. ATTORNEY-IN-FACT ACKNOWLEDGMENT State of California before me, the undersigned Notary Public, personally appeared _ Ker-Kong Tun p. (name of attorney in fact),County Qf San Diego D personally known to me xSbproved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as attorney OFFICIAL SEAL NANCY M. MARTINEZ . NOTARY PUBLIC-CALIFORNIA I no COUNTY I vv'-i":<-.n Expires Nov. 30, 1987 0 ."'^,".i:"-<^-"-;~0-^<>">^? person not appearing before Notary), the principal, and acknowledged to me (he/she) subscribed the principal's name thereto and (his/her) own name as attorney in fact. WITNESS my hand and official seal. otary's Signature 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the City Clerk v, 835 TELEPHONE (619) 438-5535 City of Cartebab December 10, 1985 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation is the following described document: Public Facilities Fee Agreement PCD-88; APN: 215-330-12 Ker-Kong Tung Also enclosed is check no. 83, in the amount of $41.00 to cover the costs of recordation. Thank you for your assistance in this matter. IEN R. KUND Deputy City Clerk Enc.