HomeMy WebLinkAboutAladray Family Trust; 1988-10-12;0 88-51
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"t p I E\\,ED sp - 9 1983
) 6167 RECORDING REQUESTED BY: 1 1 1
WHEN RECORDED MAIL TO: 1
City Clerk 1
City of Carlsbad 1
1200 Elm Avenue )
Carlsbad, CA 92008 1 1
wr" LAND TITLE CB,
This Space For Recorder's Use
AGREEMENT
This agreement is made and entered into this 27thday of Septembei
1988, by and between NAZEAH ALADRAY and JOSEPmE 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 ALADWAY and the
CITY which affects real property in the City of Carlsbad, County of San Diego, State of California ("Property") described as:
--4* 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 l'Grf 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.
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2. CITY has initiated a Road Improvement Project ('lProject'')
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.
ant to the Assessment District is $17,731 .I3 ("Assessment).
4. The assessment proposed to be levied on the property pursu-
5. In connection with the Project, CITY requires an easement
and right-of-way over a portion of the Property.
072788-1 -1 -
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6. Pursuant to negotiations between CITY and ALADRAY,
ALADRAY has executed, acknowledged and delivered to CITY and CITY
has accepted an easement and right-of-way over a portion of the Prop-
erty as required by the CITY for the Project. Said easement was
recorded in the Office of the County Regg-tc"oe,rd;&gS%%$;; o&gyxty on
negotiations between ALADRAY and the Ceas 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.
ewi +h nt to , 1988, as Document No. j?
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 ALADRAY FAMILY TRUST
a Municipal corporation dated September 9, 1980
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By : BY: i\, \/ L<@<P&&k
By : I .x.,/' \/~~-Q-~AA~-~~ /&d&2-&
Nazeah' Aladray, Trustee
J-
I" d
By: ,AosepHine Aladray , Trustee;
City Clerk
AGMTl : 072788a
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ACKNOWLEDGMENT
State of California )
C0unt.y of Lq/,at~-m )
. known to me or proved
undersigned, personally appeared be ore me Nazeah Aladray
me OR ?!%e $asis of satisfactbry evidence to be the persons wb
names are subscribed to the above instrwnent and acknowlec that they executed the same.
California.
1 ss.
On this &@ day of& tmhc9,<. 5988, before me, P !
Jose h' e A adray
f?i.ir;l: h 0 (\ -g,d~ 6- - Executed and sealed by me at
b
My comrtiission expires on /bJ- I 19 /Ye
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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
WHEREAS, the City Council of the City of Carl:
retained and empowered Special Counsel for the purr
negotiating the acquisition of certain rights-of-way
for the City's Palomar Airport Road West Assessment
project; and
WHEREAS, Special Counsel has completed negotiati
one (1) property owner to affect the aforementioned acqu
and
WHEREAS, the City Council of the City of Carlsbad
action hereby finds it necessary, desirable and in th
interest to approve a settlement agreement between the
Carlsbad and the Aladray Family Trust regarding the acc
of the aforementioned right-of-way.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
I( 1. That the above recitations are true and corrc
2. That a settlement agreement between the
Carlsbad and the Aladray Family Trust and its trustees i
approved and the Mayor and City Clerk are hereby author
directed to execute said agreement. Following the
signature of said settlement agreement, the City (
further authorized and direct to forward the original
said agreement to the City's Special Counsel for this
Asaro & Keagy, Attention: Richard R. Freeland, 3170 4t1
.
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0 1172.
4th Floor, San Diego, California, 92103 to be accompan.
copy of this approved resolution. The City Clerk is
authorized and directed to forward a copy of this agree
resolution to the Assessment Engineer for this
NBS/Lowry, Incorporated, Attention: Galen Peterson, 1
Frontera, San Diego, California, 92128-0100, and the M
Projects Department.
PASSED, APPROVED AND ADOPTED by the City Counci:
27th
Se p t emb e r , 1988, by the following vote, to w
City of Carlsbad at its regular meeting held on the
AYES:
NOES: None
ABSENT: None
ABSTAIN: Coiincil Member Lar
Council Members Lewis, Kulchin, Pettine, Mamaux
ATTEST :
ALETHA L.
(SEAL)
t 0 0
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1200 ELM AVENUE TELE CARLSBAD, CALIFORNIA 92008 (619) 4
Office of the City Clerk MitQ df atlldBbtlb
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
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 fl3151.
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.
ReR- LEE RAUTENKRANZ
City Clerk
LR
cc: NBS/Lowry, Inc.
Municipal Projects
~ECEIVED SEP - 7 1988 0 . - i-
t d
RECORDING REQUESTED BY: 1 1 1 1
WHEN RECORDED MAIL TO: 1 1 1 1 1 1
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 JOSEPWNE 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 (I'CITYii).
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 $1 7,731 .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 -
0 0 +*
8
,
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 CI PY , 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.
recorded in the Office of the County Recorder of San Diego County.
CITY OF CARLSBAD ALADRAY FAMILY TRUST
a Municipal corporation
10. ALADRAY and CITY agree that this Agreement shall be
dated September 9, 1980
e--
By: Jr- I [&+ "i- '3. - BY: x )&.y?&g* /&:;;&%
By: &iLa4Lc c- L &;/f
Nazeah Aladray, rrustee CLAUDE A. LEWIS, Mayor
By: /Josephine Aladray , Trustee
City Clerk
AGMTl : 072788a
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ACKNOWLEDGMENT
State of California )
) 9s.
County of <%,2~3/~3j )
On this 4s day of& fndh-C, 1988, before me, undersigned, personally appeared be ore me
known to me or prove me on the basis of satisfactbry evidence to be the persons w
names are subscribed to the above instrument and acknowlec that they executed the same,
California.
P
/Tj-J?d(? 4 IJ t. -6Jl /G - Executed and sealed by me at
19 RS2, I My commission expires on /Q-&