RESOLUTION NO. 2023-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, WAIVING AND RELINQUISHING ANY RIGHT TO CONTEST OR
OBJECT TO THE ACTIONS OF THE TRUSTEE OF THE ROSEMARY FALKENSTEIN TRUST
WHEREAS, Rosemary Falkenstein bequeathed a portion of her estate to the Carlsbad City Library for the purpose of purchasing history books; and WHEREAS, the City Council of the City of Carlsbad, California accepted an $861,163 donation via City Council Resolution 2018-209 in December of 2018; and WHEREAS, the final administration of the trust is complete and a final distribution of $25,016.35 will be paid to the Carlsbad City Library; and
WHEREAS, in order to facilitate the final distribution, attorneys for the trustee are requesting the City sign an agreement waiving and relinquishing any right to contest or object to the actions of the trustee of the Rosemary Falkenstein Trust.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the City Manager, or designee, is authorized and directed to execute the Release of Claims Regarding the Testamentary Trust of Rosemary Falkenstein (Attachment A).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of April, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
1'Y
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
fui
Attachment A
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DAVIDS. PAWLOWSKI, SBN: 169909
ALBENCE & ASSOCIATES, APC
7777 Fay Avenue, Suite 315
La Jolla, CA 92037
Telephone (858) 454-0024
Facsunile (858) 454-1250
AttornA for Trustee
TANY ISAAK
In the Matter of:
THE TESTAJvIENTARY TRUST
ESTABLISHED UNDER THE LAST
WILL AND TESTAivIENT OF
ROSEl'vIARY FALKENSTEIN, dated
September 2, 1999.
I, the undersigned, declare as follows:
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RELEASE OF CLAIMS REGARDING
THE TESTAIVIENTARY TRUST
ESTABLISHED UNDER THE LAST
WILL AND TESTAMENT OF
ROSEMARY FALKENSTEIN,
1. ROSEMARY FALKENSTEIN, as trustor, executed her Last Will and Testament, containing a Testamentary Trust, at Victoria, British Columbia, Canada, on September 2, 1999.
The Trust is known as the TESTAMENTARY TRUST ESTABLISHED UNDER THE LAST WILL AND TESTAMENT OF ROSEMARY FALKENSTEIN (hereinafter "the Trust").
2. SUSANK. FOX was appointed by the Court to serve as trustee on September 26, 2018, and she served as trustee until her death on December 6, 2020.
3. TANYA ISAAK 01ereinafter "the Trustee") was appointed by the Court to senre as successor trustee on November 24, 2021 and has served as trustee since that time.
4. The Trustee has administered the Trust and is in a position to make final distributions from the Trust. The Trustee has provided me with an accounting covering December 7, 2020 to January 31, 2023 ("the Accounting") and a Proposed Distribution Schedule. The Accounting adequately disclosed all of the assets of the Trust.
5. I hereby waive and relinquish any right to contest or object to the actions of the Trustee from December 7, 2020 to January 31, 2023 as disclosed in the Accounting. Further, I hereby forever release and discharge the Trustee of and from any and all claims, demands, suits, actions
Attachment A' .
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21 and liabilities or responsibilities of whatsoever kind or nature, arising out of or in connection with her tenure as trustee of the Trust for actions or omissions occurring prior to January 31, 2023.
6. I hereby agree to assume and pay my proportionate share (not to exceed the amount of the trust estate distributed to me) of all taxes and other liabilities for which the trust estate or Trustee may hereafter be liable, to the extent the Trustee would have been entitled to be reimbursed from tl1e Trust property had such property remained in the possession of the Trustee and not been distributed to tl1e beneficiaries.
7. The terms of this Release of Claims, the Trust, the Accounting, and the Proposed Distribution Schedule, shall be binding upon myself, my heirs, legatees and assignees.
8. In the event legal action is necessary to enforce or interpret this Release of Claims, the prevailing party shall be entitled to reasonable attorney's fees and costs.
9. I acknowledge I have been given ample opportunity to retain independent legal counsel to represent me in this matter and I have chosen not to retain legal counsel.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
CARLSBAD CITY LIBRARY
Date: _______ _ By:---------------Print Name ____________ _ 22 Tax ID No. _________ _
(necessary for income tax returns)
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