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HomeMy WebLinkAboutSDP 88-08; Winter Family Partnership; 90-322489; Petition & Waiver< I mi i;l L5# 'e8 @O 322489 RECORDING REQu a STED BY AND ) -i- 1 1 CITY OF CARLSBAD ) 1200 Elm Avenue 1 Carlsbad, California 92008 ) WHEN RECORDED MAIL TO: -- --- Space above this line fo Documentary transfer tax: +"' $-- Signature of declarant determining t; City of Carlsbad Parcel No. 211-050-05 & 11 QQ# name TO: CITY OF CARLSBAD (Hereinafter referred to as I1Citylt) PETITION, WAIVER AND CONSENT TO SPECIAL ASSESSMENT PROCEEDINGS WHEREAS, the undersigned Property Owner at this processing for development within the Cit.y a development known and identified as Site Development Plan 88-8 (herc referred to as the ll'Projecttv); and WHEREAS, the Ci.ty has determined this Project to be within the boundaries of a proposed special assessment ( known as Palomar Airport Road and Interstate 5 Assessment 1 (hereinafter referred to as "Assessment Districtnt); and WHEREAS, the Property Owner desires to proceed b processing ahead of the formation of the Assessment Dist NOW, THEREFORE, in consideration of proceeding h development, the undersigned Property Owner hereby agr certifics to the fuilowing: 1. Property Owner hereby petitions the City initiation of proceedings for the formation of a assessment district: which will cause the construct Miscellaneous\M-15. frm R - .w installation e and/or financing of tha following dt I' improvements: A. The widening of the Palomar Airport Road Bridge including the interchange and signa: improvements. B. Interconnection of traffic signals on Palomar Road between Paseo Del Norte and Avenida Encini e. Realignment, Widening and reconstruction of Airport Road from the railroad overpass to ( Boulevard. Other improvements necessary to integrate the pi items, except realignmnt of Paseo del Norte and median del Norte on/at Palm Airport Road. 2. The cost of engineering, legal and other inc expenses will be included in the Assessment District cos1 3. The undersigned expressly waives the proc required and all limitations under the I'Special As: Investigation, Limitation and Majority Protest Act of 1931 Division 4 of the Street and Highways Code of the S California. D. 4. The undersigned hereby further consents proceedings and waives any right to protest to the form; the Assessment District and the ordering of the improvemen applicable California special assessment statutes; 1 Property Owner reserves the right to review the methodo: formula for the final distribution and spread of the assei 5. The property owned by the undersigned, which 'I included within the boundaries of the above-referenced As: District and assessed for its proportionate share of the c expenses, is as set forth in Exhibit llAll, attached referenced and so incorporated. 6. This Petition, Waiver and Consent shall be bii all heirs, successors and assigns of the above-described p: Miscellaneous\M-15.frm Rc (Partnership) GLEMdLE FEERA STATE OF CALIFORNIA ) ss. SAVINGS AND LOAN ASSOCIATI1 COUNTY OF ORANGE On May 07 1990 personally appeared -before me, the undersi ned, a Notary Public in and for said Sta ** RAY W bJIET'IXR AND BMARA VfINTER ** personally known to me or proved to me on the basis of satisfactory evidence to be the person that executed this instrument on behalf of the partnership and acknowledged to me that the partnership executed it. -**'. CF""rl' CFF i - \-*p .< -c.Jry .-. 'Z '2' E'$i-?2 c::okc- L^' T&) \ h.w'*rWrz++.- .,.* (This area for official notarial SI WITNESS my hind and off' ia eal, ~ 'A ', &-q,Pt( 1.. Signature GFS FORM 1249 > ’* I. e Exhibit A 3 *”+ Parcel 2 of Parcel Map No. 195, in the City of Carlsbad, C San Diego, State of California, filed in the office of th Recorder of San Diego County, January 30, 1970 and Parc Parcel Map No. 2923, in the City of Carlsbad, County of Sa State of California, filed in the office of the County Rec San Diego CoQnty, August 8, 1974. Miscellaneous\M-15.frm Rc