Loading...
HomeMy WebLinkAbout1977-05-17; City Council; Resolution 50811 1 1, 1: 1d l! I( 1' 1t l! 2( 21 2: 2: 24 25 26 27 28 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 -2- 4 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 # Its-- . 1 - 3- (The Acknowledgment for the City is to be attached.) t W W I W -I 4 cn a I' + 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)