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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No. 85-246095 is hereby released for the following reason; /f? 'Fees Paid and Obligation Satisfied l~~l Application Withdrawn I~T Other DATED: June 1-9. 1987 ATTEST: City Clerk APPROVED AS TO FORM: VINCENT F.MONDO, JR, , CITY OF CARLSBAD By MARTIN ORENYAK, v Community Development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.