HomeMy WebLinkAboutZC 259; FURRER, LOUIS/SMITH, RICHARD; 89-163086; Public Facilities Fee Agreement/ReleaseRecording Requested By'
and Return To:
CITY OF C/WSCAD
J200 Elm Avenue
Carlsbad, CA 9200S
0601
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PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of'Carlsbad and ^^urrer. Louis & Richard Smith (82-43;
%*•
required by an Application for ZC-259
,'as Document No. 82-165681
and recorded on
• is hereby
released for the following reason:
xxj Fees Paid and Obligation Satisfied
I ADD I icat ion Withdrawn
rrrv n c r u "' ^ - I",L, A I i \J I *—.' • £i^' • ^ • • —'
c'/
MARTIN ORENYAK
Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
£V
STATE OF CALIFORNIA )
) ss. f.
COUNTY OF SAN DIEGO )
On March 24, 1989 , before me the undersigned, a
Notary Public in and for said State, personnally appeared Aletha L.i *_„ — <_„ !,„ «-V>Q CM,- _. , r _ ^ ^
Rautenkranz , known to me to be the City Clerk
of the City of Carlsbad,I~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.
* 4* & * w •{*****»;* ty w *•< :t' *************— OrHClM SEAL |
KAREN R. KUNDTZ I
40TARV PUBLIC-CALIFORNIA *.
* vvi-v*- , SAN DIEGO COUNTY ** ^^Sf My Comm Exp cep, 27, 1989 J
i * i * * * * ;t ***** * * * * ••! •-' • * **".<*******
179
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
CITY OP CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
r-12-165
Space above this line for Recorder's use f^Q ppf
Documentary t rans f er ^t ax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel N o . /3 0
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this ZTM
by and between
ay o f Av> \ \ , 198*2.
K*
(name of developer-owner)
A \ /hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
(street)
(M&^A
J '•
(City, state, zip c~o"de)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WIT'NESSETH:
' 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:
V
REV 4-2-82
on said Property, which development carries the proposed name of
MJ/V
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the _[^_2_day of
19 (&2—t with the City a request for u-ea.
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
181
NOW, THEREFORE, consideration of the rec^als 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 pri.or 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.
— *^ —
REV 4-2-82
' 182 •. ""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.
-4-
/. _, O _ Q
, ,. • 183
6. All obligation . hereunder shall t erminat &**"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
184
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Owner
(Title)
By
QuneT
CITY OF CARLSBAD, a municipal
corporation of the State of California
By
City Manager
ATTEST:
VINCENT F. BIONDO, JR..,
City Attorney
nU^OMebkalAs^stant
ALETHA L. RAUTENKRANZ, Cit
APPROVED AS TO
(Notarial acknowledgement of execution by DEVELOPER-OWNER must
be attached.)
Individual Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
nn April 26, 1982
}SS. 185
before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
Richard K. Smith
known to me to be the person whose name 1 S
acknowledged that__Q§ executed the same.
. subscribed to the within instrument and
TT-14
? narw . D .rY L. Peters
Notary Public in and for said County and State
OFFICIAL SEAL
Mary L. Peters
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
MY COMMISSION EXPIRES FEB. 4, 1985
STATE OF CALIFORNIA ^
COUNTY OF San Diego rss-
nn April 26, 1982
County and State, personally appeared
before me, the undersigned, a Notary Public in and for said
Louis D. Furrer
known to me to be the person,
acknowledged that H6 whose name ]_§ subscribed to the within instrument and
the same.
WITNESS my hand and official_seal.
TT-14
L. Peters
Notary Public in and for said County and State
Notary Seal
OFFICIAL SEAL
Mary L. Peters
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
MYJIOMMISSION EXPIRES FEB. 4. 1985
186
'jXHIBIT "A"
LEGAL DESCRIPTION
902 Laguna Drive, Carlsbad, California
All of Lots 1 through 6, inclusive, in Block 8 of Sunny Slope tract, in the city
of Carlsbad, County of San Diego, State of California, according to map thereof
No. 486, filedin the' office of the County Recorderof San Diego County on-
February 2, 1888.
Excepting Therefrom the easterly 58.50 feet.
Also excepting from said Lot 1 that portion conveyed to the City of Carlsbad by
deed recorded May 23, 1967, as File No. 72879, described as follows:
Beginning at the southwesterly corner of said Lot 1; thence westerly along the
southerly line of said easterly half of Reece Avenue vacated, 30.00 feet; thence
north 0° 05r east 2.03 feet; thence south §9 ° 57' east, 71.50 feet; thence south
0 05' west 2.33 feet to a point on the southerly line of said Lot 1; thence
westerly on the southerly line of said line to the-point of beginning.
The easterly half of Reece Avenue lying between the westerly prolongation of the
south line of Lot 7 in said Block 8 and the westerly prolongation of the south
line of Lot 1 in said Block 8 as vacated and closed to public use.
926 Laguna Drive, Carlsbad, California
The easterly 58 1/2 feet of Lots 1 to 6 inclusive, in Block 8 of Sunny Slope Tract
of Carlsbad, in the City of Carlsbad, County of San Diego, State of California,
according to the Map thereof No. 4-86, filed in the office of the County Recroder
of San Diego County, February 2, 1888.
Also the west half of the alley adjoining Lots 1 to6 inclusive in Block 8, as
same as were closed to public use July 26, 1943.
Beginning at the southeasterly corner of said Lot 1; thence westerly along the
southerly line of said Lot 1, a distance of 58.50 feet; thence north 0° 05' east
2.33 feet; thence south 89° 57' east 66.00 feet; thence south 0° 05» west 2.60
feet to a point in the southerly line of said west.half of the alley adjoining
vacated; thence westerly along said southerly line of said vacated alley to the
point of beginning.