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HomeMy WebLinkAboutParker Family Trust; 2014-01-23;1 AMENDED AGREEMENT 2 PR 13-48 3 ^ PARTIES: The parties of this agreement are the City of Carlsbad, A Municipal Corporation of 5 12 13 14 15 16 17 18 22 23 24 25 26 27 28 the State of California, hereinafter referred to as CITY; and Johnelle Parker, trustee of the Oakley G. Parker and Johnelle Parker, as Co-Trustees ofthe Parker Family Trust dated August 29,1995, hereinafter referred to as OWNER. 9 RECITALS: This agreement is made with reference to the following facts: 10 11 1. OWNER is the owner of certain real property located in the City of Carlsbad, County of San Diego, State of California, more particularly described on Exhibit A, attached hereto and by this reference incorporated herein. Said property is hereinafter referred to as PROPERTY. 2. CITY is the owner of a barrier lot In the City of Carlsbad, County of San Diego, State of California, hereinafter referred to as LOT, and more particularly, described on Exhibit B, attached hereto and by this reference incorporated herein. 3. LOT separates PROPERTY from access to the northerly terminus of Maezel Street and OWNER wishes permission from CITY to cross LOT for access and utility connection with the J g construction by OWNER of a residence on PROPERTY. 20 4. CITY is willing to allow OWNER permission to cross LOT as requested on the herein stated 21 terms and conditions. COVENANTS: Now, therefore, it is mutually agreed between the parties hereto as follows: 1. CITY hereby grants to OWNER permission to cross LOT for purposes of access to PROPERTY and for the purposes of providing utility connections for up to two single family residences 1 and two second dwelling units as defined by Chapter 21.04 of the Carlsbad Municipal Code on 2 PROPERTY. The herein permission is granted only forthe purpose of serving a maximum of two single family residences and two second dwelling units to be located on PROPERTY subject to compliance with the Carlsbad Municipal Code and more specifically the recordation of a parcel map to establish both single family residences and secondary units on separate legally defined lots. 2. OWNER shall fill and compact PROPERTY as required by the Engineering Department of CITY so as to properly support the driveway which is to be built across LOT and on PROPERTY. Said 9 driveway shall be built in accordance with plans and specifications approved by the 10 ^ ^ Engineering Department of CITY. j2 3. No increase in or concentration of drainage shall be allowed to occur in connection with the I herein described construction so as to cause any detriment whatsoever to lower lying 14 properties. 15 4. The herein granted permission shali allow no public access whatsoever and is granted only to 16 OWNER and only so long as OWNER resides in or is constructing the said proposed residence 1^ on PROPERTY. The herein granted permission may be assigned by OWNER to subsequent owners of PROPERTY, If any, but only for use by the occupants of said single family residences and second dwelling units. 5. In the event of an extension of Maezel Street northerly in the future, it may be necessary to remove portions of OWNER'S driveway and to remove and relocate OWNER'S utilities. OWNER agrees that he shall have no claim or cause of action for the removal of said driveway or utilities and that he will relocate and reconstruct said facilities as then directed by the Engineering Department of CITY, at his own cost and expense. By accepting the herein 18 19 20 21 22 23 24 25 26 27 28 -2- 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 granted permission, OWNER shall acquire no greater rights to divide PROPERTY into lots than he had before the granting of the herein stated permission. 6. In the case of the disconnection or disruption of service of OWNER'S utility service to his said proposed residence In connection with the construction of an extension of Maezel Street, as herein above described, OWNER shall have no claim or cause of action for damages by reason thereof. 7. This agreement shall be binding on the heirs, successors, and assigns of each of the parties hereto. DATED: CITY OF CARLSBAD MATT HALL, Mayor 4 Owner -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of X^i'tgO On vJctn . p?3^'30/4 before me. vXroi'l^io ^Q'fet-tV)Q<^n tA&tOt^M Pqbtt'c^ Date Here Insert Name and Title ol tfie Olftew' personally appeared Name(s) of Signer{s) r I I 1 • r r JUMILAH RATERMANN f Commission * 1928533 | Notary Public - California z San Diego County | My Comm. Fxoires Mar 14.20151 who proved to me on the basis of satisfactory evidence to be the person(^ whose name(8) is/afS" subscribed to the within instrument and acknowledged to me that ttefehe/tbey executed the same in htS7her/tbeTr authorized capacity(ieS), and''that by his/her/their signature(8f on the instrument the person^^, or the entity upon behalf of which the person^ acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature/ OPTIONAL • 'ixAJJUUA. signature ot Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. Document Date: Jort <3g> aQ/4 Number of Pages: 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name; • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or ConseiyStor n Other: Signer's Name: • Corporate Officer — Title(s):. • Individual • Partner — • Limited • G^eral • Attorney in Fact n Trustee • Guardian pf'Conservator • Others Signer Is Representing: © 2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Ilem 115907 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of S^glYN "Pii£^gp before me, —^ (Here insciWi On l/afe/\4 personally appeared _ (Here insciTTfarne and title ofthe offic who proved to me on the basis of satisfactory evidence to be the person^) whose namei^) is/are-^ubscribed to the within instrument and acknowledged to me that he/slw/they executed the same in his/hcr/thcir authorized capacity(4^, and that by his/hor/thcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(^ acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNEjSS jny hand and official seal. Signature of Notary Public MORGEN FRY- , ..: Commission # 1918442 Notary Public - Caliiornia San Diego County My Comm. H^tesDec 24,2014 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or descriptiorit/f attached document) {Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner{s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment compieted in Califomia musl contain verbiage exactly as appears above in the noiary seclion or a separate acknowledgment form must be properly completed and attached lo thai document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgmenl verbiage as may be primed on such a document so long as lhe verbiage does nol require the noiary lo do something lhal is illegal for a notary in California (i.e. ceriifying the authorized capaciiy of the signer). Please check the document carefully for proper notarial wording and aliacli this form ifrequired. • Slate and County information must be the State and County where the document signer(s) personally appeared before the noiary public for acknowledgment. • Dale of notarization musl be the date that the signer(s) personally appeared which must also be the same date lhe acknowledgment is completed. • The notary public musl print his or her name as it appears within his or her commission followed by a comma and then your tille (notary public). • Print the name(s) of document signer(s) who personally appear at the lime of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/lhey7- is /are ) or circling the correct forms. !-ailure to correctly indicale this informalion may lead to rejection of document recording, • The noiary seal impression musl be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgmenl form, • Signaiure of the notary public musl match lhe signaiure on file wilh the office of the county clerk, Addilional informalion is not required bul could help lo ensure this acknowledgmenl is not misused or attached lo a different document. • Indicate title or type of attached document, number of pages and dale, • Indicate the capacity claimed by the signer. If the claimed capacity is a corporale officer, indicale the title {i.e, CEO, CFO, Secretary). t Securely attach this document lo the signed document 2008 Version CAPA v 12,10,07 800-873-9865 www.NotaryClasses.com EXHIBIT A PR 13-48 That portion of Lot 32, 33, and 34 of Patterson's Addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the Office of the County Recorder September 22,1888 and that portion of Canon Street closed to public use by Order of the Board of Supervisors of San Diego County, September 30,1939, described as a whole as follows: Beginning at the most Southerly corner of Lot 32; thence North 55° 27' East 350.00 feet along the Southeasterly line of Lot 32; thence North 34° 33' West along a line parallel with and 350 feet at right angles Northeasterly from the Southwesterly line of Lot 32 a distance of 28.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said parallel line North 34° 33' West 141.03 feet to the most Southerly corner of that land conveyed to Homer D. Davis and wife by Deed recorded May 25,1948 in the Office of the County Recorder as Document No. 52616 in Book 2808, Page 269 of Official Records; thence along the Southeasterly line of said Davis Land North 55° 27' East 309.00 feet to the most Easterly corner of said David Land; thence parallel with the Southwesterly line of said Lots 32 and 33 South 34° 33' East 141.03 feet to intersection with a line bearing North 55°27' East from the true point of beginning; thence South 55° 27' West 309.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT B PR 13-48 Lot A, Paradise Estates Unit No. 1, Map 3899, in the City of Carlsbad, County of San Diego, State of California. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. 1, Donna Heraty, Deputy City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2014-013. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOHNELLE AND OAKLEY PARKER ORIGINALLY RECORDED ON JANUARY 23. 1968 AS DOCUMENT NO. 185552 TO ALLOW ADDITIONAL UTILITY AND ACCESS RIGHTS TO LOT A OF MAP NO. 3899 (MAEZEL LANE). GENERALLY LOCATED AT THE NORTHWESTERLY END OF MAEZEL LANE, approved by the Carlsbad City Council on January 28, 2014, now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 29'^ day of January, 2014. DONNA HERATY DEPUTY CITY CLERK (SEAL) - >• :« RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Johnelle Parker 3215 Maezel Lane Carlsbad, CA 92008 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JAN 23. 2014 DOCUMENTNUMBER 201^-0031059 Ernest J. Dronenburg, Jr„. COUNTS''RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 2:23 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIDAVIT OF DEATH OF TRUSTEE Assessor's Parcel Number: 205 080 04 00 STATE OF CALIFORNIA } }SS. COUNTY OF SAN DIEGO } JOHNELLE PARKER, of legal age, being first duly sworn, deposes and says: 1. That OAKLEY G. PARKER, also known as OAKLEY •son as Oa! PARKER, the decedent mentioned in the attached certified copy of Certificate of Death, is the same person as Oakley G. Parker named as Trustee in that certain Declaration of Trust known as the PARKER FAMILY TRUST dated August 29, 1995, executed by OAKLEY G PARKER and JOHNELLE PARKER as trustors. 2. At the time of the decedent's death, decedent was the owner, as Trustee, of certain real property acquired by a deed covering the following described property situated in San Diego County, State of California: The real property commonly known as 3215 Maezel Lane, Carlsbad, California and more particularly described in the attached Exhibit A, incorporated herein by reference. 3. 1 am the sun/iving or successor Trustee of the same trust under which said deeedent held title as trustee pursuant to the deed described above, and am designated and empowered pursuant to Jji^.terrpsYif said trust to serve as Trustee thereof. Dated: 1/23/2014 JOHNELLE PARKER STATE OF CALIFORNIA } }SS COUNTY OF SAN DIEGO } Subscribed and sworn to {or affirmed) before me this 23rd day of January, 2014, by JOHNELLE PARKER, proved to me on the basis of satisfactory evidence to be the p appeared before me. aDpeared betore me. MICHAEL P. MCCARTHY, Notary Public(J MICHAEL P. MCCARTHY Commission # 2011863 Notary Public - California San Diego County (This area for official notarial seal) ^3052013164,196v?;' G0UNM)l=fS»NiDlEGO .•STAIEFt-EHUMBEB-, ..•:.^:CERTlRCArE OF DEATH., 3201337014206 lOCU. flEOSTfVniDN MULIBER ii al 5:2 cR/mitj- i^i^#ri>l^g^rr^ • ETERNAL HILL'S-MORTUARY;t»;;i¥s33Pr*^ F0^^1# ^W1MA;WOOTAH O.OME •mtMiart ... .•.G9'04/2013:-:>S;-:^- ••§•3 %1 7 5i v.. . 1: HME. or DECEDEMl- mSt :«Ivii* : OAKLEYW GEORGE- 1. LAST nrnw; PARKER. AMM.lUKNI>l'NAS-IIEliae1lliiW(A(Fn5l,WD0U.tAGI>, . ' •-iv'''-"' MONTANA'r : I.m sOciNjaECufirr HUWER BACHELOR X::;:;;;-, .l'2/23/1933 t^fe;} 11. M U.a. ABMED F0nC£57 17,USUW.0CClJPAnW-1ynPl>io»tornaLs(M(:DON0TU3E<1ErRED ; CONtiRACfOR' ir^ 79 vSivi;j^g^'-; .MARRIED .. J^' •• • '^r I. out OF DtAIH mirttCCTV^ 08/2872013TFND CAUCASIAN,4 B SEX- 1745 t^'V^-- RESrbENTlAiI:COMMERClA^CONSTRlJ^ • IB. .YEARS IN OCCWWIQN ZD CECEOem'SfEMXKCE(s>nnMB>rnn,niccMni) 32l5,riiAEZECLXNE ••M' .x^^ n.niY -:-:.:-••/ ;CARLSBAD ;:ix.'^-<i-:j;:.-.;/:-;:-^^^ SAriDJEG^|^%*?'^r^ 92008^:^2^ te mwM*NrstiWf£,RELi(ncMJSHip; JOHNELLE PARKER. WIF^'' •JOl^NE^>UE•pil•::^. 35, NAME OF, MOIlCnjtWtPT-FIBJT 09/04/2013 »4..vEws»<cou«n CALIFORNIA 32.iaX!>iV:..j . JAR^SER; TINNiN'-.SK^i^'V • ' -If-' M.avTH STATE CAUFORNIA NEBRASKA' *^Sf ROSEBU D ROSEBUD, CEMEtERY, ROAD CEMETER^i^, i.mm^ik>^..m^M¥^^. •MBa^ROKEE-MT^59oor>|^^ ^aj't^g-Sk^^ FOU N DH OM E^F^RpNJjYARp^^ HH:COOKTY.v,--.-. . S:AN D:i|GO';;;^^ l^M' 32i5MEzMii\wE^^ . (Finidinzui: iTiMirT) Snjwriiu*r.i» on LlnoA.Erw CMIEE (dtaiur BUUBlMevETIS: "* ismng n amtn; EAST CUV;. .•; • • "-iv-'S fe^jl .CARiiSBADCfe- 1 SKiiFKAJrt CX)t«TONa COfrnteUWC TDDQJriHBUl/^^ II t. ISni n CCTSiUlM: UJ!EI 119 WAS(«>fnATOU!>tPFORMEOICf<ANVCOttUnOMlH(IEIJ lUOniUTOI rA tUTypatt fi r-s t<Mi BBE'Aa l/d SPIED FiCM lie ciustsiura;; yl; \'--,'0*c«friAntrtlwfi»'i»'v''... .'X'DKtdarj'jaSniftAWE.v.v 111. s»iouw:'Aiip^Bi£c*«?i3B^^^i5S^ •TVKArrtHOfgi^v-iiG)w^rhW£.^;^i^.\DPraazrf'CS0E.,- 08/28/2013:5 UNK-;-.^':?;i: HOME. FRONTi.YARD::::,' : : >m I. wr ^^^^^^™^f^^aMR"RtFL^&AbRAI^GU SELF-INFLICTED-: iri. LOCATION OF INJ wn' SOTM o(M luTOO. a wenran mj ana iitt •,]' '•• ,V ',„, 32:i5 iviAEZEt'iiANE^CARilsBAO. CA'Viooe^^^ iGUEi^N.WAGi^ER 17) IVOE nrntiwe^ 09/03/2013 l?4 IWfUME.nilf 0" OOdOHfl/MPUrVCOWMFP'. GLENN;WAGNER,-DO. CME . -A.. M^-:DA'i^e^iSSUEb:!ScpieiTii)ery..20ir ^'/-'^''l. 4^"/ '^lt:MAJ;W(J0TE;^6;MlJ- KHCOHDS:'. Gqimiy oFSait Dieyo