HomeMy WebLinkAboutCUP 246; Tazon Development Inc; 90-409725; Petition & WaiverRECORDING RE&LSTED BY AND ) WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD ; 1200 Elm Avenue Carlsbad, California 92008
Space above this line f~rC&##&&$&~e. C.-w- City of Carlsbad
Parcel No. 211-040-17,
MG / TO: CITY OF CARLSBAD (Hereinafter referred to as "City&)
~&l!TIcIO& w&IVES AND CaNa- %'@
SPEEIAIG ~~~~~~ %vKmm&m
0
m@f&&,
,' th+ 'undersigned Property Owner at asis time is
process,& for development within the City a developm@&$t project ' , known and identified as Conditional Use Permit No.‘ i46, being
Parcels 2 and 3 of Parcel Map No. 3415 filed in the office of the
County Recorder of San Diego County on January 21, 1975 as
Instrument No. 75-014212 of Official Records (hereinafter
referred to as the llProject"); and
WHEREAS, the City has determined this Project to be located
within the boundaries of a proposed special assessment district
generally located at the northwest corner of Camino De1 Parque and
Paseo De1 Norte (hereinafter referred to as "Assessment
District"); and
WHEREAS, the Property Owner desires to proceed with the
processing ahead of the formation of the Assessment District:
NOW, THEREFORE, in consideration of proceeding with the
development, the undersigned Property Owner hereby agrees and
certifies to the following:
1. Property Owner hereby petitions the City for the
initiation of proceedings for the formation of a special
assessment uAstrict which will cause the construction and
installation and/or financing of the following described
improvements:
Undergrounding of the overhead utility lines crossing the Project site.
2. The cost of engineering, legal and other incidental
expenses will be included in the Assessment District costs.
3. The undersigned expressly waives the proceedings
required and all limitations under the 88Special Assessment
Investigation,'kkmitation and Majority Protest Act of 1931," being
Division 4 cif the Street and Highways Code of the State of
Californ,f,a. I" "
4. 'The undersigned hereby further colis;ew3 to the ,'
proceed&igs an8. waives any right to protest to 'th&‘f&mation of
the Assessment District and the ordering of the improvements under
appliclrfDle California special assessment statuteet however,
Property Owner reserves the right to review the methodology and
formula for the final distribution and spread of the assessments.
5. The property owned by the undersigned, which would be
included within the boundaries of the above-referenced Assessment
District and assessed for its proportionate share of the costs and
expenses, is as set forth in Exhibit "A@', attached hereto,
referenced and so incorporated.
6. This Petition, Waiver and Consent shall be binding on
all heirs, successors and assigns of the above-described property.
-. ,- - , ‘- \
. . . EXHIBIT A **I 58.f
l
Parcels 2 and 3 of Parcel Map No. 3415 filed in the office of the County Recorder of San Diego County on January 21, 1975 as Instrument No 75-014212 of Official Records of said County.
.
.
,. ’ I II
. - .
.
‘156 f
- b-65
7. The undersigned further states, under penalty of
perjury, that he is the owner of the property as described herein,
and has the authority to execute this document, including the
binding authorizations herein.
Executed this 24th day of &Y , 1990 .
Tazon Development, Inc CITY OF CARLSBAD a municipal General Partner of Atlantic corporation of the State of Capital Investors, California A California Limited Partnership ', 0
ATTEST:
L&tak!.& ALETBA L. RAUTENKRANFZ, j - City Clerk
(Notarial acknowledgement of execution by DEVELOPER-OW&ER must be attached)
(President or vice-president an& secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
By: Deputy City Attorney
Revised 4/90
k iI@ be--lit A. X~WB~ ,
dpersonally knowdto me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
SPE rnh r/49 or on behalf of the corporation therein
named, and ackn ledged to me that the corporation executed it.
WITNESS my hand and official seal.
CORPORATE ACKNOWLEDGMENT No. 202
State of California On this the 24th day of Mav 19=, before me,
S.S.
County of San Diego Kimberly A. Johnson ,
the undersigned Notary Public, personally appeared
Barbara L. Estrin
Q personally known to me
Cl proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
or on behalf of the corporation therein
at the corporation executed it.