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HomeMy WebLinkAboutZC 303; Croddy, Ruth and Oakley; Elsner, Franklin; 89-0x0035; Public Facilities Fee Agreement/Release0346 ' I'9 Recording Requested By and Return To: CITY OF CARLSGAD 1200 Elm Avenue Carlsbad, CA 92008 '-• • . • is- m ' - ! VtiU i .(,.-. f COUNT.t-€CUPfl RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF4.00 AR2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of'Carlsbad and croddy, Ruth and Oakley, P. & Eisner, I & Franklin (84-24) required by an Application for ZC-303 , as Document No. 84-083259 and recorded on . is hereby released for the following reason: | | Fees Pa-id and Obligation Satisfied | | Application Withdrawn [xxf Other Application Denied DATED:12/13/88 CITY OF CARLSSAQ By MARTIN OR£:'IYA.< Community Dsvelccr 0347 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On January 5, 1988 , before me the undersigned, a Notary Public in and for said State, personally 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 official seal. ****************************** OFFICIAL SEAL J KAREN R. KUNDTZ J NOTARY PUBLIC-CALIFORNIA J SAN DIEGO COUNTY * My Comm. Exp. Sept. 27, 1989 J *********************** Notary Fjliblj^ -RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 1019 ^4-083259 Space above this line for Recorder s use Documentary transfer tax: $ No fee FEE Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 206-171-02 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 10 day of February , 19 84 by and between OAKLEY PARKER (Nameof Developer) , hereinafter ref err (Corporat ion, partnership, etc. ) "Developer" whose address is 3215 Maezel Lane Carlsbad, CA. 92008 (Street) (City, State, Zip Code) and ^RTTTTf C. .CROPPY - TDNR F.. RTfMRR - TRRT 0. FRANRT.TN (Name of LegalOwner) a , hereinafter referred to as (Corporation, etc.) "Owner" whose address isMrs. lone Eisner, 1986 Fairlee Drive (Street) Encinitas, CA. 92024 (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 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: No 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 _ day of _ 19 , with the City a request for Rezone 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, Developer, 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 REV 4-2-82 1021 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 1022 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 1023 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 p.repaid 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 1024 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 1025' IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: IONE E. ELSNER DEVELOPER OAKLEY PARK (Nanfe) £(Signature) RUTH C. CRODDY BY V (Signature) TERI 0. FRANKLINName) (Signature) ATTEST: TITLE BY CITY OF CARLSBAD, a municipal corporation of the State ^of CalJlf-«jnia >r.BY ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: J City Manager VINCENT F. BIONDO, JR., City Attorney acknowledgement of execution lW DEVELOPER and OWNERytou8t be -7- REV 4-2-82 INDIVIDUAL ACKNOWLEDGEMENT -STATE OF CALIFORNIA COUNTY OF San Diego Iss. I uKui X On February 15, 1984 personally appeared before me, the undersigned, a Notary Public in and for said State, Ruth G. Groddy and TDDP R.—Eisner _, known to me 5 to be the person S whose name subscribed fc I to the within instrument and acknowledged that. executed the same. ... WITNESS my hand afvd official spal. Signature They Carole/J. Stewart a&~~.~n.nir»f«"— Name (Typed or Printed) FORM C-8 OFFICIAL SEAL CAROLE J SNOTARY PUBLIC - SAN DIEGO COUNTY My conim, expfres MAR 16, 1984 (This area for official notarial seal) 1 STATE OF CALIFORNIA COUNTY OF San Diego On this the 13th SS. day of February Notary Public in and for said County and State, personally appeared Jjakley Parker 1 TITLE INSURANCE , before me the undersigned, a 13C CO££in — , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name 1S_ subscribed to the within instrument and acknowledged that he executed the same. •J Signature of Notary FOR NOTARY SEAL OR STAMP • us « rasa ••> at a si ®? -. OFFICIAL SEAL NICHOLAS C. BANCHE NOTARY PUBLIC • CALIF. PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 9, 1988! u XuJ0.2 J STATE OF CALIFORNIASan DiegoCOUNTY OF- On February 16, 1984- before me, the undersigned, a Notary Public in and forbid State, personally apoearedipoeared .E. Eisner, Fower or Attorney for Ten u. I'ranKlin ., known to me -whose name sheto be the person to the within instrumpnT|nd acknowledged that. executed the same.y subscribed WITNESS my Signature she . Stewart ;* OFFICIAL'SEAL CAROLE J STEWART NOTARY PUBLIC - CALIFORNIA |( SAN DIEGO COUNTf ( My comm. expires MAR 16, 1984 ', Name (Typed or Printed) FORM C-8 (This area for official notarial seal) 1020 EXHIBIT "A" LEGAL DESCRIPTION IDT 2, BLOCK A, BELLA. VISTA; AND THE WESTERLY FIFTY FEET OF LOT 3, BLOCK A, BELLA VISTA, MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE THEREOF; IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP #2152