HomeMy WebLinkAboutSDP 85-8; KUBOTA, JACK Y AND PATRICIA R; 87-354430; Public Facilities Fee Agreement/Release0 2338
REQUESTED BY
CHIJAGO TITLE COMPANY
87-354430
Recording Requested By
and Return To:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
RF4.00
AR2.00
MG 1.00
1987JUN25AM8:00
U/ERA L. tYLE i
OUNTY RECORDER \
RELEASE OF A^EEMENT
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Jack Y. and Patricia R. Kubota
required by an Application for SDP 85-8
July 10, 1985
' and recorded on
as Document No. 85-246095
is hereby released for the following reason;
/f? 'Fees Paid and Obligation Satisfied
l~~l Application Withdrawn
I~T Other
DATED: June 1-9. 1987
ATTEST:
City Clerk
APPROVED AS TO FORM:
VINCENT F.MONDO, JR, ,
CITY OF CARLSBAD
By
MARTIN ORENYAK, v
Community Development Director
CORPORATE ACKNOWLEDGMENT
State of California
County of San Diego
SS.
******************************
* jgxs*..' oman SEAL ;
* /C5&& KAREN R. KUNOTZ *
* JJf^BJy NOTARYPUBUC-CALICOtottA J
* \afcjy SAN DIEGO COUNTY *
* ^»^ My Comm. Exp. Sept 2* 19W J
***<,*»»************»«»*»**»***
02339 NO. 202
On this the _23rd day of June 1987 , before me,
Karen R. Kundtz
the undersigned Notary Public, personally appeared
Aletha L. Rautenkranz
K) personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
City Clerk or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's
7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
Inter-Office Correspondence
CITY CLERK
PROM: DEVELOPMENTAL PROCESSING
SUBJECT: PUBLIC FACILITIES RELEASE
OFFICE
DATE:(,/ir/''1
MESSAGE:
Please release Public Facilities Fee Agreement, file number
^v
Attachments: / Reply Requested Signature: /Q(- ^
REPLY :
&&&ASL -L \J,I
Date:
10/83
Signature
SECURITY PACIFIC NATIONAL BANK
San Diego Main
1200 Third Avenue
. OFFICE
92101San Diego .CALIFORNIA.
rCity of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
Attn: Doris/Development Processing
L J
DATE June 17, 1987
ESCROW NO..,411-12289cl
#85-55
Kubota, Jack Y & Patricia R.
2585 Pio Pico Dr.
Dear Doris:
Per our conversation of June 16, 1987, request is formerly made for
a Release of facilities fees covering above mentioned property.
Please call the below number to the undersigned when Release is
ready for pick up. Thefee for recording same will be billed through
the escrow.
urs,
Voncile L. Carter
Sr. Escrow Officer
PH:619-238-8229
028001 Z-8Z* 100 CA5Y Escrow Department Letterhead
RECORDING. REQUESTED oi "AN!)
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
633 j-246095
ISB5 JUL 10 AKII: '43
. ; y j •- ii i 1 i 1 i r, ——I &l/*\ r-r~fSpace above this lina fjgr\j]R.eiqo;!C(d[g^ s use IMU rcEI—__ ' •-•-•• j
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No..- \7.Q - (bi
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this j
by and between JACK Y. AND PATRICIA R. KUBOTA
of . 1 9g>S
(n ame of developer-owner)
a husband and wife, as individuals_4 ^_(Corporation, partnership, etc.)
"Developer" whose address is 2565 PJO PJCO Drive
, hereinafter referred to as
(street)
Carlsbad, California, 92008 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1206—ETm Avenue,
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the rga 1^^p-«^Lpori-y—d-e*s"c r i b e d
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
634
• on said Property, which development carries the proposed name of
Pio Pico Professional Offices
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 15th day of June
19 85 , with the city a request for approval of a "site development 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 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.
— 9 —
REV 4-2-82
635
NOW, THEREFOk , ^n consideration of the >tals 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 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 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.
-3-
REV 4-2-82
•.i- 636
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-
REV 4-2-82
..,- 637
6. All obliga s hereunder shall termii . ,,,f 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
„.,- 638
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal
corporation of the
State of California
JACK Y. KUBOTA, an individual
TRICIA R. KUBOTA, an individual
' City Manager
BY
(Title)
ATTEST:
CitfCferk
• APPROVED AS TO FORM:
VINCOT F. BIONDOT^JR.,
City Attorney
STATE OF CALIFORNIA | , f.
COUNTY nF San Diego _? =>=>• "
, nn June 17, 1985 . before me,
\ the undersigned, a Notary Public in and for said County and State,
Personally appeared Jack Y. KubOta and
Patricia R. Kubota
o
si
639
to be the person_S whose name-S 3T6
within instrument and acknowledged that-
, known to me
subscribed to the
executed the
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
LENA M. ELROD
NOTARY PUBLIC—CALIFORNIA
NOTARY BONO FILED IN
SAN DIEGO COUNTY
My Commission Expires October 11, 1988
t***********************************
640
EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF THAT LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN DIEGO, CITY OF CARLSBAD, DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL "A" AS SHOWN ON PARCEL MAP NO. 720, FILED JANUARY 20, 1972,
IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, BEING A PORTION
OF LOT 4 IN T11S R4 W SECTION 31.
PARCEL 2:
THAT PORTION OF THE FRONTAGE ROAD (ALSO KNOWN AS PIO PICO DRIVE)
RELINQUISHED TO THE CITY OF CARLSBAD BY THE STATE OF CALIFORNIA,
DIVISION OF HIGHWAYS, PER RELINQUISHMENT MAP NO. 19046, FILE
NO. 69239, DATED MARCH 23, 1972, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL "A", AS SHOWN ON
PARCEL MAP 720, RECORDED IN THE OFFICE OF THE RECORDER OF
SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON JANUARY 20, 1972,
FILE NO. 15655; THENCE SOUTH 21°40'16" EAST ALONG THE EASTERLY
RIGHT OF WAY AND ACCESS CONTROL LINE OF STATE HIGHWAY ll-SD-5
(INTERSTATE 5 FREEWAY) A DISTANCE OF 254.93 FEET; THENCE CONTINUING
ALONG SAID RIGHT OF WAY AND ACCESS CONTROL LINE SOUTH 26°17'40"
EAST 99.70 FEET, TO THE BEGINNING POINT OF A NON-TANGENT 929.54
FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT
BEARING NORTH 64°52'36" EAST; THENCE NORTHERLY ALONG SAID CURVE
298.12 FEET, THROUGH A CENTRAL ANGLE OF 18°22'32" TO THE SOUTH-
EASTERLY CORNER OF AFOREMENTIONED PARCEL "A", PARCEL MAP 720;
THENCE NORTH 89°26'43" WEST 10.84 FEET; THENCE NORTH 31°27'04"
WEST 23.59 FEET; THENCE NORTH 58°29'22" WEST 39.49 FEET TO THE
POINT OF BEGINNING.