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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 RELEASE OF AGREEtt£NV£RA UL¥j TO PAY PUBLIC FACI rt£N.V£RAI~LYLE IfncsuHTy I Wl—^ IMMHwJ FEr5 RF-4.00 AR2.00 MG1.00 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and recorded on • is hereby released for the following reason: xxj Fees Paid and Obligation Satisfied I ADD I icat ion Withdrawn rrrv n c r u "' ^ - I",L, A I i \J I *—.'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.