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HomeMy WebLinkAboutAladray Family Trust; 1988-09-27;- L.ECELEDS P - 7 18 88-518898 RECORDING REQUESTED BY: ) UNION LAND TITLE CO. ) ) ) WHEN RECORDED MAIL TO: ) City Clerk ) City of Carlsbad ) 1200 Elm Avenue ) Carlsbad, CA 92008 ) 1167 RrCor nOF SAN This Space For Recorder's Use AGREEMENT L,i LT RF AR MG This agreement is made and entered into this 27thday of September 1988, by and between NAZEAH ALADRAY and JOSEP-RTNE ALADRAY, as Trustees of the ALADRAY FAMILY TRUST dated September 9, 1980, ("ALADRAY") and the CITY OF CARLSBAD, a municipal corporation in the State of California ("CITY"). 1. The purpose of this Agreement is to memorialize and make a part of the public record, an agreement between ALADRAY and the CITY which affects real property in the City of Carlsbad, County of San Diego, State of California ("Property") described as: That certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California. 2. CITY has initiated a Road Improvement Project ("Project") pursuant to the Municipal Improvement Act of 1913 and has formed Assessment District No. 86-1, Palomar Airport Road, ("Assessment District") for the purpose of levying assessments on benefitted prop- erties to finance the Project. 3. ALADRAY is the owner of the Property which Property lies within the boundaries of the Assessment District and is, therefore, subject to assessment. 4. The assessment proposed to be levied on the property pursu- ant to the Assessment District is $17,731 .13 ("Assessment) . 5. In connection with the Project, CITY requires an easement and right-of-way over a portion of the Property. 072788-1 -1- 1168 6. Pursuant to negotiations between CITY and ALADRAY, ALADRAY has executed, acknowledged and delivered to CITY and CITY has accepted an easement and right-of-way over a portion of the Prop- erty as required by the CITY for the Project. Said easement was recorded in the Office of the County Recorder of San Die o County on 1988, as Document No. cording Concu�a�nt to •h0.rPw,th • negotiations between ALADRAY and the CITY, as consideration for the conveyance of the easement, CITY has and does hereby relieve ALADRAY and the Property from the Assessment set forth in Paragraph 4, which Assessment would otherwise be levied on the Property. 7. This Agreement constitutes the entire understanding and agreement of the parties and supercedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. This Agreement shall not be amended except in writing executed by both parties. 8. The parties hereto intend that this Agreement shall be a covenant running with the land and that this Agreement and covenant shall be binding upon the heirs, administrators, successors and assigns of the parties hereto. 9. Nothing in this Agreement shall be construed as prohibiting or restricting the CITY from forming any other assessment districts for any purpose permitted by law which may affect the Property or from levying additional assessments pursuant to the Assessment District for any purpose permitted by law and from imposing any such assessment on the Property as provided by law. 10. ALADRAY and CITY agree that this Agreement shall be recorded in the Office of the County Recorder of San Diego County. CITY OF CARLSBAD a Municipal corporation By: By: IlLAUDE A. LEWIS, Mayor ALETHA L. RAUTENKRANZ, City Clerk AGMT1 :072788a ALADRAY FAMILY TRUST dated September 9, 1980 By: X' Nazeah Aladray, Trustee By:<zs?r(,e, ,mac t i 1 �� r, t4 Josephine Aladray, Trustee. 072788-1 -2- 1169 1 2 3 4 5 6 7 8 9 10 11 12 State of California County of On this C ��`� undersigned, is _. ray Of.pie- J c 1988, before me, the 9 , personally appeared before me Nazeah Aladray Josehitxe A�adray , • known to me or proved to me o e asis of satisfactory evidence to be the persons whose names are subscribed to the above instrument and acknowledged that they executed the same. Executed and sealed by me at / 4,,�;/ -,;j California. i , My commission expires on .•.e.... • OFFICIAL SEAL • KAREN MAUSTELLER Notary Public -California Pitncipal Office In f San Diego County ACKNOWLEDGMENT ) ss. My Comm. Exp. Oct. 2, 1989• • 19 c. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE ALADRAY FAMILY TRUST REGARDING ACQUISITION OF CERTAIN RIGHTS -OF -WAY REQUIRED FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT, PROJECT #3151 WHEREAS, the City Council of the City of Carlsbad has retained and empowered Special Counsel for the purposes of negotiating the acquisition of certain rights -of -way required for the City's Palomar Airport Road West Assessment District project; and WHEREAS, Special Counsel has completed negotiations with one (1) property owner to affect the aforementioned acquisition; and WHEREAS, the City Council of the City of Carlsbad by this action hereby finds it necessary, desirable and in the public interest to approve a settlement agreement between the City of Carlsbad and the Aladray Family Trust regarding the acquisition of the aforementioned right-of-way. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitations are true and correct. 2. That a settlement agreement between the City of Carlsbad and the Aladray Family Trust and its trustees is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said agreement. Following the Mayor's signature of said settlement agreement, the City Clerk is further authorized and direct to forward the original copy of said agreement to the City's Special Counsel for this action, Asaro & Keagy, Attention: Richard R. Freeland, 3170 4th Avenue, 1171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4th Floor, San Diego, California, 92103 to be accompanied by a copy of this approved resolution. The City Clerk is further authorized and directed to forward a copy of this agreement and resolution to the Assessment Engineer for this project, NBS/Lowry, Incorporated, Attention: Galen Peterson, 10920 Via Frontera, San Diego, California, 92128-0100, and the Municipal Projects Department. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 27th day of September , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Larso ATTEST: de,tht, ALETHA L. RAUTENKRANZ, City C_ erk %7 t'4'7 L' j S�G, ( / LAUDE A. LEWIS, Mayor (SEAL) 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk (! itu of Tttrlobttb September 29, 1988 Mr. Richard R. Freeland Asaro & Keagy 3170 4th Avenue, 4th Floor San Diego, CA 92103 RE: SETTLEMENT AGREEMENT - ALADRAY FAMILY TRUST PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT TELEPHONE (619) 434-2808 The Carlsbad City Council, at their meeting on September 27, 1988, adopted Resolution No. 88-347, approving a settlement agreement with the Aladray Family Trust regarding acquisition of certain rights -of -way required for the Palomar Airport Road West Assessment District, Project ##3151. In accordance with instructions contained in Resolution No. 88-347, enclosed is a copy of the executed resolution and the original agreement. Please note the following items of concern regarding the agreement: 1. The date has not been completed. The Agreement reads "this day of August, 1988". 2. In section 6 of the agreement, there are two blanks which should have been completed prior to Council action. Those blanks refer to a date and recordation number of an easement. We had no way of knowing the information necessary to fill in the blanks since all documents have been forwarded to your office in accordance with instructions from our Municipal Projects Division. If you have any questions, please call. LEE RAUTENKRANZ City Clerk LR cc: NBS/Lowry, Inc. Municipal Projects AECEIVED SEP - 7 1983 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: This Space For Recorder's Use AGREEMENT This agreement is made and entered into this day of August, 1988, by and between NAZEAH ALADRAY and JOSEPTI NE ALADRAY, as Trustees of the ALADRAY FAMILY TRUST dated September 9, 1980, ("ALADRAY") and the CITY OF CARLSBAD, a municipal corporation in the State of California ("CITY"). 1. The purpose of this Agreement is to memorialize and make a part of the public record, an agreement between ALADRAY and the CITY which affects real property in the City of Carlsbad, County of San Diego, State of California ("Property") described as: That certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of California. 2. CITY has initiated a Road Improvement Project ("Project") pursuant to the Municipal Improvement Act of 1913 and has formed Assessment District No. 86-1, Palomar Airport Road, ("Assessment District") for the purpose of levying assessments on benefitted prop- erties to finance the Project. 3. ALADRAY is the owner of the Property which Property lies within the boundaries of the Assessment District and is, therefore, subject to assessment. 4. The assessment proposed to be levied on the property pursu- ant to the Assessment District is $17,731 .13 ("Assessment) . 5. In connection with the Project, CITY requires an easement and right-of-way over a portion of the Property. 072788-1 -1- 6. Pursuant to negotiations between CITY and ALADRAY, ALADRAY has executed, acknowledged and delivered to CITY and CITY has accepted an easement and right-of-way over a portion of the Prop- erty as required by the CITY for the Project. Said easement was recorded in the Office of the County Recorder of San Diego County on , 1988, as Document No. . Pursuant to negotiations between ALADRAY and the CITY, as consideration for the conveyance of the easement, CITY has and does hereby relieve ALADRAY and the Property from the Assessment set forth in Paragraph 4, which Assessment would otherwise be levied on the Property. 7. This Agreement constitutes the entire understanding and agreement of the parties and supercedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. This Agreement shall not be amended except in writing executed by both parties. 8. The parties hereto intend that this Agreement shall be a covenant running with the land and that this Agreement and covenant shall be binding upon the heirs, administrators, successors and assigns of the parties hereto. 9. Nothing in this Agreement shall be construed as prohibiting or restricting the CITY from forming any other assessment districts for any purpose permitted by law which may affect the Property or from levying additional assessments pursuant to the Assessment District for any purpose permitted by law and from imposing any such assessment on the Property as provided by law. 10. ALADRAY and CITY agree that this Agreement shall be recorded in the Office of the County Recorder of San Diego County. CITY OF CARLSBAD a Municipal corporation By: ' t ;/ ..1�/� •,tom 'CLAUDE A. LEWIS, Mayor By: ALETHA L. RAUTENKRANZ, City Clerk AGMT1 :072788a ALADRAY FAMILY TRUST dated September 9, 1980 ef By: X -2( ('.2.•;':rf Nazeah Aladray, Trustee .; By: $; ‹2_ s(.- �c f: ( Josephine Aladray, Trustee 072788-1 -2- 1 ACKNOWLEDGMENT 2 State of California ) 3 County of ,1.J,D j, j ) ss. �. 4 /n On this CSC day of4� le hr,c, 1988, before me, the 5 undersigned, personally appeared before me known to me or proved to 6 me on the basis of satisfactory evidence to be the persons whose names are subscribed to the above instrument and acknowledged 7 that they executed the same. Executed and sealed by me at ,u,;4 ,;�,� 8 California. 9 10 11 12 My commission expires on /L0- 0)- OFFICIAL SEAL KAREN MAUSTELLER Notary Public California Principal Office In San Diego County My Comm. Exp. Oct. 2, 1989 19 rY `/?.