HomeMy WebLinkAboutZC 285; TRUITT, ROBERT J; 86-275945; Public Facilities Fee Agreement/Release., , RECORDED REQUEST OF
fclRST AMERICAN TITLE CO.
Recording Requested _R
and Return To:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
386-275945
87 5
1988 JUL -3 AH 0 32
{ VERA L, LYLE I[ COUNTY RECORDER I
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
RF 4.00
• p
WSG 1.00
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Robert J. Truitt
required by an Application for
Amendment ZC-285/GPA/LU 83-9
Zone Change and General Plan
September 27, 1983
• '_ and recorded on
, as Document No. 83-344921
is hereby released for the following reason:
/~7 Fees Paid and Obligation Satisfied
/~7 Application Withdrawn
/XT Other Project was denied.
DATED: 4-25-86
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney^ \
\
CITY OF CARLSBAD
By4
FRANK D. ALESHIRE,
City Manager
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
876
On April 28, 1986 , before me the undersigned, a
jflotary Public in and for said State, personnally appeared Aletha L.
Rautenkranz known to me to be the City Clerk
£>f 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
NOTARY PUBLIC-CALIFORNIA *
SAN DIEGO COUNTY *
83-344921
RECORDING. REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
,-i) 926
pFFIClCl'f^rr^r,,,
Of SAN QiDJO cljUNrv^*
£93 SEP 27 AH fh I
[__Cpt/Nri'y'dl'Mj:;R
Space above this line for Recorder's'use
Documentary transfer tax: $ No fee NO FEE
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.-L.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this '2-Ct day of J u I
by and between e»- T
Tn ame developer-owner)
€ QUJ H ^v *> " t
(Corporat ion, partnership, etc.)
"Developer" whose address is "O
, hereinafter referred to as
(s t r e eit)
and THE CITY OF
(City, s t a t e, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200/
Carlsbad, California, 9200.8.
WITNESSETH:
WHEREAS, Developer is the owner of the real propeVt^z_d«-sTfr'ibed
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
• > '• ;. - •-• '927
on eaid Property, whicn development carries the proposed name of
and is hereafter referred to as "Development"; and
<**7 Q \ IWHEREAS, Developer filed on the s/*- i day of Q c*. UM
19 S3 . with the City a request for ^& ft? C \A&lf\<{
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
!.''•' NOW, THEREFORE, consideration of the rec als and the
, v\> 928
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 raobilehome 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
- . 929
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-
.#*>*..,
'' ' ' ' ' ' ' i,'6. All obligation1^ hereunder shall t erminatte"^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.
_. (*..
REV 4-2-82
931
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
(nrffee)
BY '
(Title)
BY
-v.H f
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
(Ti tie)
ATTEST:
ALETHA L. RAJJTENKR>NZ,
APPROVED AS TO FORM:
City Attorney
Daniel a^entschke, Assistant
VINCENT F. BIONDO, JR.,
City Attorney
(Not
atta
REV
, STATE OF CALIFOR
COUNTY OF
nn JULY 29,1983
said State, personally appeared ROBERT J. TKTTTTT
) ss.
_, before me, the undersigned, a Notary Public in and for
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(J§ whose name(3J
is/££subscribed to the within instrument and acknowledged
to me that hefi&¥SB6£ executed the same.
WITNESS my hand and official seal.
Signature
OfflCIIU -.,.nVICKU.HARLANOER
*
(This area for official notarial seal)
SF-423-4 (REV. A - 7/82) (CA) (INDIVIDUAL)
DESCRIPTION
PARCEL 1:
932
That portion of Tract 232 of THUM LANDS, in the County of San Diego, State of California
according to Map thereof No. 1681, filed in the Office of the County Recorder of San
Diego County, December 9, 1915, described as follows:
Beginning at the intersection of the center line of Chinquapin Avenue and Jefferson Street,
thence along the center line of Chinquapin Avenue, South 61 21'00" West, 895.70 feet to
the Southwest corner of land conveyed by South Coast Land Company to Alex Labeta, et ux,
by deed recorded June 26, 1924, in Book 1019, page 189 of Deeds in said Recorder's Office;
and thence along the Southwesterly line of land so conveyed, North 38°03'30" West, 426.47
feet to the most Easterly corner of land conveyed by William C. Kerckhoff Company to
Lowell B. Pierce, et ux, by deed recorded October 23, 1941 in Book 1266, page 95 of Official
Records in said Recorder's Office; thence along the.Southeast line of said land so
conveyed South 61°21'00" West, 101.36 feet to the most Southerly corner thereof and
the TRUE POINT OF BEGINNING; thence along the Southwesterly line of said Pierce land,
North 38°03'30" West, 396.05 feet to the center line of Tamarack Avenue; thence Westerly
following said center line to the East line of the 100.00 foot right of way of the
Atchison, Topeka and Santa Fe Railway Company (being the Northwesterly extension of the
•curve in- the Southwesterly line of said Tract 232); thence Southeasterly along said
right of way line and the Southwesterly line of said Tract 232, to intersection with a
line bearing South 61°21'00" West from the TRUE POINT OF BEGINNING; thence North 61O21'00"
East, 101.38 feet, more or less, to the TRUE POINT OF BEGINNING.
PARCEL 2:
That portion of Tract 232 of THUM LANDS, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 1681, filed in the Office of the
County Recorder of San Diego County, December 9, 1915, described as follows:
Commencing at a point on the center line of Tamarack Avenue, distant thereon South 61°
21'00" West, 1027.55 feet from its point of intersection with the center line of Jefferson
Street, said point of Commencement being the most Northerly corner of a Parcel of land
described in deed to Charles E. Boles, et ux, recorded April 10, 1952 as Document No.
47612 in Book 4439, page 101 of Official Records; thence along the boundary of said land
as follows: South 37°08'00" East, 182.10 feet; South 38°03'30" East 213.49 feet and
South 61°21'00" West, 49.36 feet to the TRUE POINT OF BEGINNING; thence continuing along
said boundary South 61 21'00" West, 52.00 feet to the most Southerly corner of said land;
and North 38 03'30" West, 396.05 feet to the center line of said Tamarack Avenue; thence
along said center line North 61°21'00" East, 52.00 feet to a line which bears North 38°03'30"
West, parallel with the Southwesterly line of said Boles' land, from the TRUE POINT OF
BEGINNING; thence along said parallel line South 38°03'30" East to the TRUE POINT OF
BEGINNING.
PARCEL 3:
All that portion of Tract 232 of THUM LANDS, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 1681, filed in the Office of the County
Recorder of San Diego County, December 9, 1915, described as follows:
Beginning at a point on the center line of Tamarack Avenue, distant thereon South 61 21'00"
West, 1027.55 feet from its point of intersection with the center line of Jefferson Street,
said point of beginning being the most Northerly corner of a parcel of land described
in deed to Charles E. Boles, et ux, recorded April 18, 1952, as Document No. 47612 in Book
4439, page 101 of Official Records; thence along the boundary line of said land as follows:
South 37°08'00" East, 182.10 feet, South 38°03'30" East, 213.49 feet and South 61°21'00"
West, 49.36 feet, thence parallel with the Southwesterly line of said Boles' land, North
38°03f30" West to the Northwesterly line of said land; thence along said Northwesterly
line North 61°21'00" East, 52.34 feet to the Point of Beginning.