HomeMy WebLinkAboutCUP 139; Roman Catholic Bishop Of San Diego; 1994-0510994; Petition & Waiver1910
"3c II 1994-0510994 25-AUF-1994 09-19 All
OFFICIAL RECORDS SAN DIEGD COUNTY RECORDER’S OFFICE GREGORY SilITH, COUNTY RECORDER RF: 12.00 FEES: 28.0~
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RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD i 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
Space above this line for Recorder's use.
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Parcel.,No. 215i330-01 ',
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TO: CfrPY OF'CARLSBAD (He?X&iafter referred to as 81City11) ,,,'
PETITION, WAIVER AND CONSENTTG
SPECIAL ASSESSWENT PRGCEEDINGS .' ,,",
WHi3REAS , the undersigned Property Ownerat this time is
processing for development within the City' a development project
known and identified as PE 2.94.04 Saint Elizabeth Seton Catholic
Church (hereinafter referred to as the 1'Project88); and
WHEREAS, the City has determinedthis Project to be located
within the boundaries of a proposed special assessment district
known as Alga Road Medians (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:
I(ISCELLE"AO"SW-15.FW REV. 11102/92
1. Property Owner hereby petitions the City for the
initiation of proceedings for the formation of a special
assessment district which will cause the construction and
installation and/or financing of the following described
improvements:
The Alga Road median including but not limited to : planting,
irrigation, enhanced landscape.
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 "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931," being
Division 4 of the Street and Highways Code of the State of
California.
4. The 'undersigned hereby further consents' to the
proceedings and waives any right to protest to the formation of
the Assessment District and the ordering of the~improvements under
applicable 'California special assessnient statutes; however,
Property Owner reserves the right to review,tiie methodology and
formula for the final;,d~~~~iburion,and:rctpi-ead 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.
7. The undersigned further states, under penalty of
WSCELLENAWSW-15.FF4 REV. lllo2m!
-,
1912
perjury, that he is the owner of the property as described herein,
and has the authority to execute this document, including the
binding authorisations herein.
Executed this 26 n, day of G dy / , 19%.
PROPERTY OWNER CITY OF CARLSBAD a municipal corporation of the State of California The Roman Catholic Bishop of San Dieso,
ti’w,c,,-f- E, dh ( M ea (print name here) , Aft9rw~ JM c 2 (title and,&ganizaf~\ of signatory)
By: ATTEST:
(sign here)
(print name'here)
(title and organisation of signatory)
(Notarial acknowledgement of execution by PRCBERTY OWNER must be attached)
(President or vice-presi ti-lyKl'$5&r)i?$a ~'01 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:
RONALD R. BALL City Attorney
Deputy Citykttorney
II I(lSCELLENALUS~-l5.Fllll REV. llMz/v2
EXHIBIT “A”
1913
LEGAL DESCRIPTION
M 412 of La Ccsta Meadows UritM.2,intheCityofCarlsbad,~~of~
Diego,Stata ofCalifornia, zsxdin~toMaptfiere0f No. 6905, ffld in the offia3ofthechmty I al April 21, 1971.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of U~&V-L~ Ia
County of SOP Dic4o
J
On Jut&4 9-L I ~1;390, before me, ~%V&IXL 4 s&II i PcI , I\lo&&i & Ll1-c , D&E NI\ME, TITLE OF OFFICER E.GJJANE DOE. NOTARY PUBLIC
personally appeared tin--+ E 1 WlneL~ti
d
NAME(S) OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactoty evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITYCLAIMEDBYSIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
DESCRlPTlONOFATTACHEDDOCUMENT
Pctij;-\ WA,,- -d CEmIsed &
c$n I cisJcs~.Iy,Ph~ -t)rdl~~~rs
TITLE OR TYPE OF DOCUMENT 1
0 PARTNER(S) q LIMITED F L
d u GENERAL
ATTORNEY-IN-FACT
J
NUMBER OF PAGES
u TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER: Juja ?-I,, \Q9b
.BATE 0F DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENmY,IES)
SIGNER(S) OTHER THAN NAMED ABOVE
c- CCvpor cvl 5c QL
I\sL.u*urA*y ncqueaccu oy /
_ -.> ‘. ‘--’ ~. .‘:;?lc&G .~,i 2. ~ 'When recorded mail this and tax sta-ements to:
Roman Catholic Bishop P. 0. ~0~ 85728 San Diego, CA 92186-5728
72 C&77-cr I This Space For Recorder's Use
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, a corporation sole, organized and ex- isting under the laws of the State of California and having its principal office for the transaction of the business of said corpo- ration at the City of San Diego, in said State, does hereby make, constitute andiapp;oi~nt Vincent Whelan1 of the City of San Diego, in the County of San Diegol-~~~s~-~bSta~~; the true and lawful attorney of said corporation sole for it and in its name, place and stead and for its use and benefit.
(a) To, as-k, demand, sue for, recover, collect and receive each and every sum of money, debt account, legacy, bequest, inter- est, dividend, annuity and demand (which now is or hereafter shall become due, owing or payable) belonging to or claimed by said corpo- ration sole, and to use and take any lawful means for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction or release therefor, together with the right and power to compromise or compound any claim or demand:
(b) To execute any or all of the following powers as to real
property, and interest therein and/or any billing thereon: To con- tract for, purchase, receive and take possession thereof and of evi- d?"nCe Q;L ~;:itle :hercto: C.0 rTl.;?asc the same for any tam or purpose, including lease for business, residence, and oil and/or mineral de- velopment: sell, exchange, grant or convey the same with or without warranty; and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non- negotiable note or performance of any 'obligation or agreement:
(cl To exercise any or all of the following powers as to all kinds of personal property and goods, wares and merchandise, chases in action and other property in possession or in action: To contract for, buy, sell, exchange, transfer and in any legal manner deal in and with the same: and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agree- ment;
(d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefor with or without security; and to loan money and receive negotiable or non-negotiable notes therefor with any such security as he shall deem proper:
(e) To create, amend, supplement and terminate any trust and to instruct and advise the trustee of any trust wherein saii. corpo- ration sole is or may be trustor or beneficiary: to present and vote stock, exercise stock rights, accept and deal with any dividend, distribution or bonus, join in any corporate financing, reorganiza- tion, merger, liquidation, consolidation or other action and in ex- tension, compromise, conversion, adjustment, enforcement or foreclo- sure, singly or in conjunction with others of any corporate stock, bond, note, debenture or other security: to compound, compromise, adjust, settle and satisfy any obligation, secured or unsecured, ow- ing by or to said corporation sole and to give or accept any prop- erty and/or money whether or not equal to or less in value than the amount owing in payment, settlement or satisfaction thereof:
(f) To transfer business of any kind or class and as said cor- porate sole's actand deed, to sign, execute, acknowledge and de- liver any deed, lease, assignment of lease, covenant, indenture,,in- demnity, agreement, mortgage, deed of trust, assignment of mortgage or of the beneficial interest under deed of trust, extension or re- newal of any obligation, subordination or waiver of priority, bill of lading, bill of sale, bill, bond, note, whether negotiable or, non-negotiable, receipt evidence of debt, full or partial release or satisfaction of mortgage, judgment and other debt, request for par- tial or full reconveyance of deed of trust and such other instru- ments in writing of any kind or class as may be necessary or proper in the premise:
GIVING AND GRANTING unto said attorney full power and authority to do and perform each and every act and thing whatsoever requisite, necessary or appropriate to be done in and about the premises as fully as said corporation sole might or could do by its incumbent if he were personally present or acting directly or without an interme- diary, said corporation sole hereby ratifying all that its said at- torney, Vincent Whelan shall lawfully do or cause to be done by vir- tue of these presents. The powers and authority hereby conferred upon said attorney shall be applicable to all real and personal property or interests therein now owned or hereafter acquired by said corporation sole and wherever situate.
The agency created by this instrument shall not be terminated by a vacancy in the incumbency of said corporation sole.
When the context so requires, the singular number includes the plural, and vice versa.
IN WITNESS WHEREOF said corporation sole has executed these presents by its undersigned incumb nt, fixed hereto, this 07~ day of p&ith its cy;q&rate seal af-
THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, a corporation sole,
By: .t
Most Reverend Robert H. Brom Its Incumbent
STATE OF CALIFORNIA )
) COUNTY OF SAN DIEGO )
On this $?9& day signed, Of ~~~~'~o,r~dm~~a~~~pB:~~~: a notary public ally appeared Most Reverend Robert H. Brom, known to me to be The Roman Catholic Bishop of San Diego, and to be the incumbent of the Roman Catholic Bishop of San Diego, a corporation sole, the corpo- ration that executed the within and foregoing instrument and known to me~to be the person who executed the within and foregoing in- strument on behalf of the corporation sole therein named, and ac- knowledged to me that such corporation sole executed the same.
WITNESS my hand and official seal the day and year in this cer- tificate first above written.
d for the County State of California . .._.. a.*