HomeMy WebLinkAboutZC 303; Christensen, KK and Ellen and Oakley; 89-03x038; Public Facilities Fee Agreement/Release0352
Recording Requested By
and Return To:
CITY OF CARLSOAD
1200 Elm Avenue
rlsbad, CA 92008
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RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES EEES
RF4.00
AR2.00
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PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of'.Carlsbad and christensen, K. K. & Ellen & Oakley
. . Parker (84-2^)
required by an Application for zc-303
, as Document No. 84-083260
and recorded on
. is hereby
released for the following reason:
| | Fees Paid and Obligation Satisfied
| [ Application Withdrawn
(xxf. Other Application Denied
DATED 12/13/88
CITY OF CARLSSAD
By
Community Dsveloc.m = nt Ci'rector
A •n
i i n .- ,:/-\ L . ,-\.nL
Clerk
f oosjqp
STATE OF CALIFORNIA ) ... s
... ) ..,4
.COUNTY OF SAN DIEGO )
0353
On January 5, 1988 before me the undersigned, a
Notary Public in and for said State, personnally appeared Aletha L.
City ClerkRautenkranzknown to me to be the
of the City of Carlsbad,aMunicipal 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
KAREN R. KUNDTZ *NOTARY PUBLIC-CALIFORNIA J
SAN DIEGO COUNTY *
My Comm, Exp. Sept 27, 1989 J
******************************
Motary_hibldlc
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
1027 Q4-083360
pFF!CiAL^Fo;nRpSs
198* MAR -7 AM 9'- 2k
VERA L.I.T: c. „ ?DUN1 YHtCOKJU icou
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
, „ 206-171-01Parcel No.
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 10th day of February , 1984
by and between
OAKLEY PARKER
(Nameof Developer)
a , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address isjveioper wnose3215 Maezel Lane
Carlsbad, California, 92008 (Street)
(City, State, Zip Code)
and K. K. CHRISTENSEN & KT.T.KM CHRISTENSEN'
(Nameof Legal Owner)
, hereinafter referred to as
(Corporat ion, etc. )
"Owner" whose address is
3749 Mt. Arian Dr.
(Street)
San Diego, California 92111
(City, State, Zip Code)
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.
REV 4-2-82
RECITALS 10.
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows; IMP plans
Developer agrees to the City's Q Over Lay Policy
on said Property, which development carries the proposed name of
Not yet determined
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 10 day of February ,
19 84 , with the City a request for Re zone to C-T to conform to Agua
Hedionda Land Use Plan
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 incorporated by this reference); and
WHEREAS, Deve_loper, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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
-2-
REV 4-2-82
• - 1029
WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose 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 and Owner 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 and Owner shall pay a fee for conversion of 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
-3-
REV 4-2-82
•• 1030
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 and Owner 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.
2. The Developer and Owner 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 and Owner
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-
REV 4-2-82
1031
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 and Owner 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 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.
-5-
REV 4-2-82
1032
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, Owner and the City, and references to Developer, Owner
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.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
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-
REV 4-2-82
1033
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
K. K. CHRISTENSEN
DEVELOPER:
Y PARKERX'
(Signature)
ELLEN CHRISTENSEN BY
(Signature)
TITLE
BY
(Name)
TITLE
(Signature)
ATTEST :
J
CITY OF CARLSBAD, a municipal
corporation of the
State of
ALETHA L. RAUTENItRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City At torney
nowledgement of execution t/y DEVELOPER and OWNERflmust be
-7-
REV 4-2-82
I
rr,*
in
O
STATE OF CALIFORNIA
COUNTY OF San Diego
On this the.13th
ss.
February
Notary Public in and for said County and State, personally appeared Oakley Parker
SAFECO
TITLE INSURANCE
19 84 , before me the undersigned, a
, personally known
to me or proved to me on the basis of satisfactory evidence to be the
person whose name IS subscribed to the within instrument
and acknowledged that __ executed the same.
Signature of Notary
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
NICHOLAS C. BANCHE
NOTARY PUBLIC • CALIF.
PRINCIPAL OFFICE INSAN DIEGO COUNTY
Commission Expires Jan. 9, 198
§i5-
o.1
TJ
STATE OF CALIFORNIA
COUNTY OF San Diego ss.
On this_17th _day of February in the year 1984 ,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared K. K. ChristenSen and Ellen .
Christe risen ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
Signature
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
SUSANNE JO CHRISTENSEN
NOTARY PUBLIC - CAUFORNio :
SAN DIEGO COUNTY
MX comm. expires FEB 21, 1984
Notary Public in and for said County and State
.- 1034
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 1 BLOCK A OF BELLA. VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CA., ACCORDING TO MAP THEREOF NO. 2152