HomeMy WebLinkAboutCUP 04-02; McRoskey family revocable trust; 2004-0691372; Notice of RestrictionnCIC # 2OO4-O691372
RECORDING REQUESTED BY AND 1
WHEN RECORDED MAIL TO: 1
1
City Clerk
CITY OF CARLSBAD
JUL 23,2004 8:48 AM
OFFICIAL RE CORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH.. COUNTY RECORDER FEES: 26.00 PP.G E S : 7
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1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1 989 )
Space above this line for Recorder's use
Assessor's Parcel Number
Project Number and Name
21 3-061 -01
CUP 04-02
K1 Speed Indoor Kart Track
NOTICE OF RESTRICTION ON REAL PROPERTY
The real property located in the City of Carlsbad, County of San Diego, State
of California described as follows:
Lot 3 of Carlsbad Tract No. 80-34, In the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 10062, Filed in the office of the County Recorder of
San Diego on April 15, 1981, as file No. 81 -1 151 30 of official
records
is restricted by a Conditional Use Permit No. CUP 04-02 issued by the City of
Carlsbad on June 7, 2004. A copy is on file at the City of Carlsbad Planning
Department. The obligations and restrictions imposed are binding on all present or
future interest holders or estate holders of the property.
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Rev. 06/04/96
OWNER: CITY OF CARLSBAD
~-~~RosKEY' @M~LJ( RWO CABL E
Planning Dir ct r
Date
Owner's Name vwr
+ID+
4- j,ba*M*OsmV, I e.
Print name and title '
Print name and title RONALD R. BALL, City Attorney
By:
Date Deputy City Attor&
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the oficer(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of
partnership authorizing the partner to execute this instrument).
Rev. 06/04/96
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On A,?- before me,
3 1
Notary Public, personally appeared T. 4. \m 00rm-u I
1 0 personally known to me - or proved to me on the basis of satisfactory
evidence to be the person(& whose namels) is/- subscribed to the within
instrument and acknowledged to me that he/my executed the same in
his/-ir authorized capacity(jee), and that by his/- * signaturem on the
instrument the personb), or the entity upon behalf of which the personb) acted,
executed the instrument.
WITNESS my hand and official seal.
Rev. 06/04/96
UJU~INHL WILL J'LALEU 1N 'IHE StWE DEPOSIT B(
OF
LAW OFFICES PAUL, HBSTMCS, J!WS!# 6 WALKER
555 SOUT" BLOWER STREET
LOS ANGELES, CALIFORNA EXPRESSLY MAINTAINED FOR THAT PURPOSR DECLARATION OF TRUST
John W. McRoskey (hereinafter) referred to as the "Trustee") hereby declares that the Trustee has received from John McRoskey and Catherine McRoskey (hereinafter referred to as the "Trustors" and the "Husband" and the "Wife", respectively)
and that the Trustors have transferred and delivered to the
Trustee, IN TRUST, without bond, all the Trustors' right, title and interest in and to the property described on Schedule I, attached hereto and made a part hereof. Said property, together with any additional property acceptable to the Trustee hereafter added to the Trust, shall constitute the trust estate and be
held, administered and distributed as hereinafter provided.
The Trustors intend that the community property
character of any property heretofore or hereafter added to the
trust estate, the income therefrom and the proceeds thereof,
shall be retained .while both of the Trustors are living and said
property is part of the trust estate and also in the event that
any of said property is withdrawn from the Trust.
This Declaration of Trust shall be known, for the pur- pose of identification, as
THE McROSKEY FAMILY
REVOCABLE TRUST
ARTICLE I
REVOCATION AND AMENDMENT
1.1 The provisions of this Declaration of Trust may be
amended or altered only by written instrument signed by both of
the Trustors and delivered to the Trustee while both of the Trustors are living. Following the death of the first of the Trustors to die, this Declaration of Trust as it relates to Trust "B" and Trust "C" shall thereafter not be subject to amendment or alteration by any person whomsoever, but shall be subject to amendment and alteration by the surviving Trustor by written instrument delivered to the Trustee as such amendment or altera-
tion relates to Trust "A". Following the death of the last of
the Trustors to die, this Declaration of Trust shall thereafter
not be subject to amendment or alteration by any person whom-
soever.
(c) Insurance Trustee
Cecilia M. McRoskey shall act as Insurance Trustee. If
she is unable or unwilling to serve, Peter Keith McRoskey shall
so serve. If he is unable or unwilling to serve, Joseph John McRoskey shall so serve. If he is unable or unwilling to serve,
Guy William McRoskey shall so serve. If he is unable or
unwilling to serve, Daniel Adam McRoskey shall so serve. Notwithstanding any provision herein to the contrary, in 00 event shall the insured Trustor have the power to remove an Insurance
Trustee appointed hereunder.
ARTICLE IV
POWERS OF THE TRUSTEE
4.1 In addition to all other powers and discretions
granted to or vested in the Trustee by law or by this instrument,
and subject to any limitations stated elsewhere herein, the
Trustee of each Trust and/or share created hereby, and any suc-
cessor Trustee shall have the following additional powers and
discretions in connection with the management of the trust estate:
4.1.1 To grant, bargain, sell (for cash or on
deferred payments), convey, grant options, exchange or convert real or personal property;
bonds and securities of every nature (including "short" sales),
and including puts, calls, straddles and other options of every
kind, on margin, and commodities of every nature, on margin or
otherwise; and for such purpose to maintain and operate margin and commodity accounts with brokers; and, in connection there- with, to borrow money and to pledge any and all stocks, bonds,
securities, commodities and contracts for future delivery there-
of, held or purchased by the Trustee, with such brokers as
security for loans and advances made to the Trustee;
4.1.2 To buy, sell, trade and deal in, stocks,
4.1.3 To lease for terms either within or beyond the duration of this Trust;
4.1.4 To enter into oil, gas and other mineral
leases on such terms as the Trustee may deem proper, and to enter
into pooling, unitization, repressurization, community and other types of agreements relating to the development, operation and
conservation of mineral properties;
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5.17 All authorities and powers, including discretionary powers, conferred on the original Trustee shall pass to each successor Trustee. Successor Trustees shall have no respon-
sibility for the acts or omissions of any prior Trustee nor, unless in writing requested to do so by a person having a present
or future beneficial interest under the Declaration of Trust
within sixty (60) days after said Trustee's appointment, any duty
to either audit or investigate the accounts of administration of
any prior Trustee or take action to obtain redress for breach of
trust.
5.18 The provisions of Article 2.5, Chapter 19, Division
3 of the California Probate Code, commencing with §1138 shall be
applicable to this Declaration of Trust.
5.19 If any beneficiary named in this Declaration of Trust shall directly or indirectly attack the validity of this Declaration of Trust or any provision contained herein or in any amendment hereto, the interest of said beneficiary shall be for-
feited and that of any beneficiary next succeeding to the
interest of said beneficiary accelerated.
5.20 Except as expressly provided herein, Trustors, and each of them, have intentionally omitted to provide for persons who may be their heirs at their respective deaths, whether or not
now in being, including any person who may become an heir by reason of a Trustor's subsequent marriage or otherwise.
EXECUTED this 15th day of September, 1982 at Los
Angeles, California.
!John W. McRoskey s/ .Tnhn Id- Mckosk~v
TRUSTEE
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WE CERTIFY that we have read the foregoing instrument
and that it correctly states the terms and conditions under which
the trust estate is to be held, managed and disposed of by the
Trustee.
DATED: September 15, 1982.
hn W- MrRn~kq 11) w. McRoskey
c/ Catherine Mr-pv at’herine McRoskey TRUSTORS
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