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HomeMy WebLinkAboutZC 221; BANDEMER, OTTO/SCHLEHUBER, CLARENCE; 89-041293; Public Facilities Fee Agreement/Release•% 1445 04(293 Recording Requested By and Return To: ' CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA '92008 8IJV25 I VERAL. LYLE I "LfflftTY RECORDER [ RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES ttF6.0CL AR2.00 MG i.oo: PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of'Carlsbad and Bandemer, Otto & Clarence Schlehuber (81-16) required by an Application for ZC-221/SDP-81-2 , as Document No. 81-232518 and recorded on . is hereby released for the following reason: || Fees Paid and Obligation Satisfied | | Application Withdrawn |xx| Other Application Denied DATED:12/13/88 CITY OF CARLSBAD MARTIN 0RENYAK Community Development Di'rector ATTEST ALETrA L. Citv Clerk .-..-F.-.CVED AS TO FOR'!: APPROVED A? "TI'> A:)Ri^: Fh F. OJONV/, JR., BY KEY RONALD R. BALL STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) 1446 On January 11, 1989 , 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. On*****************************OFFICIAL SEAL J KAREN R. KUNDTZ J NOTARY PUBLIC—CALIFORNIA $ SAN DIEGO COUNTY * My Comm Exp. Sept. 27, 1989 * ****************************** Notary. '•iU "'rscor-Jng return to: ' Ci ly o'! Carlsbad V.OO El* Avs. Urlsbad, CA 92008 . AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FF-F, THIS AGREEMENT is entered into this 2 3 day of October . 19 80 , by and between Otto H. Bandemer and Clarence H. Schlehuber • § (name of developer-owner) - ' a owners ' ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 690 Elm Ave., Suite 101 , (street) Carlsbad, CA 92008 , and THE CITY OF J(CityT state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200^ Avenue, Carlsbad,. California, 92008. ' W I T N E S S E T H: WHEREAS, Developer is the owner of the reaSsproperty de^efibed 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:. To rezone to R-P 264 on r;aid Property, which development carries the proposed name Of BANDEMER & SCHLEHUBER and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 23 day of 19 80 , with the City a request for rezoning (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 xfacilities 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, da ted'August 29, 1979, 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 v 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 dble to make any such finding without financial assistance to pay for such services and facilities; and, therefore. Developer proposes 2. 265 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: 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 buildings 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 develop- ment 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. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing build:igs 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 3. 266 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. A credit toward such fee shall be given for land which has been dedicated for park purposes or for.any fees paid in lieu thereof pursuant to Chapter 20.44 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 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 agree- ment. 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 • 4. 267 he 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. 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 by 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 5. 268 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 suqh 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 on the Property. When the obligations of this agreement have been. satisfied, City shall record a release. 6, 269 IN WITNESS WHEREOF, this agreement is executed in San Diego Couuty, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of Calxforma BANDEMER & SCHLEHUBER "(Name] BY Attorney at Law (Titl Attorney at Law - City Manager ATTEST: RAUTENKRANZ, cty APPROVED AS TO FORM:Attorney VINCENT City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) ta 6 STATE OF CALIFORNIA ^ COUNTY OF SAN DIEGO f SS- On QgtOber 23, 1980 '_ before me, the undersigned, a Notary Public in and for said County and State, personally appeared OTTO H. BANDEMER to be the person whose name within instrument and acknowledged that- same. , known to me subscribed to the bo executed the Clarence H. 270 SAFECO FOR NOTARY SEAL. OR STAMP " • " ii — i — IT "W-J'N^- OFFICIAL SEAL CLARENCE HAROLD SCHLEHUBER NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY J1ycomm. expires SEP 13, 1983 TO 1944 CA (8-74) (Individual) STATE OF CALIFORNIA COUNTY OF SAN DIEGO On October 23, 1980 t uttuix uiJa. * ss. TITLE INSURANCE ANDTRUST ATtCOR COMPANY State, personally appeared.CLARENCE H. SCHLEHUBER-before me, the undersigned, a Notary Public in and for said _whose name-to be the person, to the within instrument and acknowledged that- executed the same. WITNESS my hand and official Signature _, known to me subscribed OFFICIAL SEAL OTTO H. BANDEMERNOTARY PUBLIC - CALIFORNIA SAM D:EQO COUNTYMy cor.-::n. e-pires MAY 14, 1982 (This area for official notarial seal) Sl-233519 FiLE/PAGENO. __no OK K;,-57 "*"""""" RECORDED REQUEST OP EXHIBIT "A" ... LEGAL DESCRIPTION * ORDER NO. 791464-F RECORDER The Westerly 114.00 feet of the following described property: All that portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No, 1661, filed in the office of the County Recorder of San Diego County, March 1, 1915, described as follows: Beginning at the most Northwesterly corner of said Tract 117, running thence South 89° 57 "00" last along the Northerly line of said Tract a distance of 262.95 feet to a point; thence South 0°58'00" West a distance of 148.69 feet; thence North 89°57'00" West to the Easterly boundary line of Fourth Street, as said Street is shown on said Map No. 1661, thence Northerly along the Easterly boundary of said Fourth Street to the Point of Beginning Excepting from said Westerly 114.00 feet the Northerly 79.00 feet thereof. Also excepting therefrom that portion described in deed to the City of Carlsbad recorded May 23, 1967 as File No, 72864 of Official Records, being more particularly described as follows: Beginning at the most Northwesterly corner of said Tract 117; thence South 0°05' West along the Easterly boundary of Fourth Street (now known as Jefferson Street), a distance of 84.52 feet to the TRUE POINT OF BEGINNING; said point being the beginning of a tangent curve concave Northeasterly, having a radius of 268.31 feet; thence Southeasterly along said curve through a central angle of 13°50t10", an arc distance of 64.79 feet; thence North 8'9P57' West 7.13 feet to a point on the Easterly boundary of Fourth Street (now known as Jefferson Street) ; thence North 34"33' West along the Easterly boundary of Fourth Street (now known as Jefferson Street), 1.15 feet; thence North 0°05' East along the Easterly boundary of Fourth Street (now known as Jefferson Street), 63.22 feet to the TRUE POINT OF BEGINNING.