HomeMy WebLinkAbout1977-05-17; City Council; Resolution 50811
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RESOLUTION NO 5081
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AMENDMENT TO THE DECLARATION OF
COVENANTS AND RESTRICTIONS, PALOMAR
AIRPORT BUSINESS PARK.
CASE NO: CT 73-49
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1) That this certain amendment to the Declaration of
Covenants and Restrictions of the Palomar Airport
Business Park making the City of Carlsbad a party to
said Declaration, a copy of which is attached hereto
marked Exhibit "A" and made a part hereof, is hereby
approved.
2) That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said amendment for
and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the
day of May , 1977 by the following vote, to wit:
17th ,
AYES : Councilmen Frazee, Lewis, Packard and
NOES : None Councilwoman Casler
ABSENT : Councilman
ATTEST:
LI r@u E. ADAMS, City Clerk
(SEAL)
c
WHEN RECOfiDED , RETC'RN TO :
Richard C. Mallory, Esq.
800 Wilshire Blvd.
Los Angeles, California 90017
- ---- (Space above this line for Recorder's Use)
AMENGMENT TO DECLAMTION OF COVENANTS AND RESTRICTIONS --- I
, ..
THIS AMENDMENT is made and executed as of the
2342 day of _I ]77-+, 1977 by Palomar Airport
W Business Park, a California general partnership ("FABP");
WITNESSETH:
WHEREAS, a Declaration of Covenants and Restrictions-.---- *- - (the "Ceclaraticin") was recorded October 1, 1974-at- File/Page
No. 74-263897, Book 1974, Official Records of San Diego
County, California covering certain real property in the
County of San Diego, State of California, more particularly
.. d.escribed -therein (the "Property") ; and
WHEREAS, the Declaration subjects the Property to
..
-, ml;tually beneficial restrictions under a general plan of ,
improvement for the benefit of the Property, the improvemsnts
thereon and future owners thereof; and
WHEREAS, PABP owns seventy-five percent (75%) of
the Property based upon the number of sqclare feet of the Property
owned by PABP as compared to the total number of square. feet
within the property; and
..
- ..
WHEREAS, PABP desires to amend the Declaration
in accordance with Paragraph D.6. thereof in order to add the
. Clty of Carlsbad as an entity which will exercise-control over
-variances to the restrictions contained within the Declaration;
NOW, THEREFORE, PABP hereby amends the Declaration
as follows:
1. The following is hereby added to the Declaration
-- .-
as Subparagraph A.5. thereof:
"5. 'The City' shall mean the City of Carlsbad,
County #of San Diego, State of California."
2. The following is hereby added to the Declaration
as Subparagraph C.5. thereof:
"5.
tained in this Paragraph :'C", no waiver or vari- - ance of the restrictions shall be effective until
such time as the City has been provided with a
copy of a detailed variance-request, delivered
by registered mail, return receipt requested,
setting forth the intentions and reasons in res-
pect of the proposed variance and until the City
has ten (10) days within which to advise the
Approving Agent that it disapproves such variance,
provided that such disapproval shall be exercised
in good faith by the City. The Approving Agent
shall not grant a variance hereunder until either
fhe ten (10) days referred to above has passed
without comment from the City in writing or until
the City has delivered to the Approving Agent a written approval of the variance."
Notwithstanding anything to the contrary con-
- -_
- .. 3. With regard to Subparagraph D.2Lz -of: the -
- I __ - - Declaration, the following words are hereby inserted at- -_
i the end of the thir-d line thereof:
at the end of said subparagraph, the words "or the City" are
"the City and/or"; and
hereby added thereto.
4. With regard to Subparagraph D.3. of the Declara-
tion, the following words are hereby inserted following the
words "Approving Agent" in line 1 thereof: "the City or".
5. With regard to Subparagraph D.6. of the Declara- -
tion, -- the follbwing language is hereby inserted following the
word "thereto" in the fourth line from the bottom of said
subparagraph:
"provided, however, that no such termination,
extension, modification or amendment shall be
effective without the written consent of the
City thereto. 'I
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IN WITNESS WHEREOF, this Amendment to Declaration
of Covenants and. Restrictions is executed as of the date
first above written.
PALOMAR AIRPORT BUSINESS PARK
By: MB-PALOMAR, INC., a general
partner
-
STATE OF CALIFORNIA )
COUNTY OF (&-=I b 4$-, )
)ss.
---F-
--_-
d--, 1977, before me, the undersigned,
a Notary P:bnl&2'%%'-for said Sz =rsonally appeared
Akio Kato, known to me to be the
INC., the corporation that executed the with$ Instrument,
known to me to be the person who executed the wiEhin Instru- ment on behalf of the corporation therein named, said cor-
poration being known to me to be one of the partners of PALO-
MAR AIRPORT BUSINESS PARK, the partnership that executed the
within Instrument and acknowledged to me that such corpora-
tion executed the within Instrument as such partner and
that such partnership executed the same.
Ab-&/ of MB-PALOMAR, - - I) /, /
AGREED TO AND APPROVED THIS 2 7m DAY OF , 1977
THE CITY OF
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Its-- .
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(The Acknowledgment for the City is to be attached.)
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TO 1945 CA (8-74)
(Corporation)
STATE OF CALIFORNIA I ".. ATICOR COMPANY f x3. COUNTYOF~ San Diego
OLMaY 27, 1977
State, personally appeared Robert C. Fraze
known to me to be Deputy City CJ
of the corporation that executed the within Instrument.
before me, the undersigned, a Notary Public in and for said
known to me to be the Mayor -&*, and Nora L G
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
b
SHEILA 8. TARVIN ;
Notary Pub!ic-Ta'?ornia
SAN DIEGO COUNTY
Illl-larnrra II --i.>:.iJI3=*
OFFICIAL SEAL !
' Ian Expires NQV. 24, 1978 # m~~maiim~siim~m~~uv
(This area for official notarial seal)