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HomeMy WebLinkAboutSP 144E; SAN DIEGO GAS AND ELECTRIC CO; 88-665312; Public Facilities Fee Agreement/Releasei, 685312 cord ing Requested By and Return To: CITY OF CARLSBAD • 1200 Elm Avenue Carlsbad, CA 92008 • COiS<~s'M i_, s TLE f UKTY fi£COfiO£g j 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 San Diego Gas & Electric Co. required by an Application for SP-144(E) , as Document No. 86-101208 released for the following reason: | | Fees Paid and Obligation Satisfied | | Application Withdrawn Other Monitor Station Fees not applicable DATED:12/12/88 CITY OF CARLSBAD By and recorded on is hereby / MARTIN' V'V Community Development Director ATTEST: ALETHA L. RAUTENKRANZ Ci ty Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney 1624 STATE OF CALIFORNIA ) ) s s COUNTY OF SAN DIEGO ) On December 14, 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. *****************************£ * <*****. OFFICIAL SEAL J KAREN R. KUNDTZ I NOTARY PUBLIC-CALIFORNIA J SAN DIEGO COUNTY * My Comm. Exp Sept. 27, 1989 J* ^SStsr My Comm. Exp. Sept. 27, 1989 5 ****************************** Notary J*jJLbli 923 8Q101208 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ClTt OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 RFCORDED !N •>• ) C~F:UAL RLCCf "", '_1 Or SAM LviCIOC-CUfu !.:.*-; 1838 m 17 AMii^OO Space above this y',VERA L. LYLE MUNTY RECORDER for Rec RF AR TLR MG / r ' suse Signature of declarant determining tax-firm name City of Carlsbad Parcel AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this by and between San Diego Gas & Electric day of 19 (name of developer-owner) a Corporation (Corporat ion, partnership, etc. ) "Developer" whose address is P. 0. Box 1831 , hereinafter referp^a to as (street) San Diego, California 92112 and THE CITY OF (City,state,zipcode) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, 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: REV 4-2-82 w 0. 924 bn'said Property, which development carries the proposed name of Encina West and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 3rd day of February 19 86 , with the City a request for A Specific Plan Amendment 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 ; i Q O r*W u 925 NOW, THEREFORE, in consideration of the recitals 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 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 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. REV 4-2-82 REV 4-2-82 ^••K. V,*' 928 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal corporation of the State of California (name) BY BY Manager, Land & Environmental Department (Title) BY City Manager (Title) ATTEST: ALET/flA L. RAjWENKRAtfZ, Qi^y'Cleric APPROVED :^:.:^. K&nis'chkg; Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 92$ STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. On dfaTtt^ft <£? /9c?6> •> before me, the undersigned a Notary Public in and for saidState, personally appeared E. M. Gabrielson, personally known to me (or-^oved-"ta--rae--^TO---.tte--b^i«-"^f--sati-s-feet«ry-^videriee) to be the person who executed the within instrument as Manager, Land & Environmental Department, on behalf of San Diego Gas & Electric Company, the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution or its board of directors. WVWWWYWVW WITNESS my hand and official seal. Signature vwwvwww OFFICIAL SEAL CECILIA M. DIAZ NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Exp. March 24,1989 u, 930 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: Those portions of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to partition Map thereof No. 823 filed in the Office of the County Recorder of San Diego County, November 16, 1896 that lies Westerly of California State Highway (Interstate 5), described in Deeds Recorded in Book 2974, Page 493, Book 4722, Page 350, Book 4456, Page 49, Book 4821, Page 199, January 13, 1966 at Recorder's File/Page No. 6700 and June 9, 1982 at Recorder's File/Page No. 82-175943, all of Official Records of said County of San Diego. Excepting therefrom those portions described in Deeds recorded in Book 4722, Page 359 and Book 4821, Page 209, both of said Official Records. Parcel 2: That portion of Block "W" of Palisades Unit No. 2 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1803 filed in the Office of the County Recorder of said County, August 25, 1924 descrived in a deed recorded in Book 4968, Page 560 of Official Records of said'County of San Diego.