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HomeMy WebLinkAboutCDP 06-30; Aviara Black Rail Road 16 LLC; 2007-0715370; Notice of RestrictionOOC# 2007-0715370 NOV13, 2007 10:22 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 RYJ. S MIT H L 0 U N T Y RE CORD E R FEES: 0,00 RECORDING REQUESTED BY AND)PAGES: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 •in Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 215-080-20,21,28 CDP 06-30 Tabata Blackrail Road Estates NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: A portion of the southwest quarter of the -southeast -quarter ^of Section 22, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of California is restricted by a Coastal Development Permit No. CDP 06-30 approved by the City of Carlsbad on March 8, 2006. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/1996 215-080-20,21, 28: CDP 06-30 Tabala Blackrail Road Estates: OWNER: AVIARA BLACK RAIL ROAD 16, LLC By: McComic Consolidated, Inc Ths; Y OF CARLSBAD Signature R. Geoffrey McComic, Secretary Print name and title Signature Print name and title Date DON NEU, Planning Director Date /LORRAINE M. vyj^OD, City Cl&k APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: /Assistant City Attorney (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the otficer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Rev. 06/04/1996 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On J Q- )before me, c<' . ~\Notary Public, personally appeared personally known to me - or |~] proved to me on the basis of satisfactory evidence to be the personj^whose namefe)r is/aj^ subscribed to the within instrument and acknowledged to me that he/sJa^/W^executed the same in his/J^efTtbeTf authorized capacitvjpes^ and that by his/hef/metrsignaturej;sfon the instrument the persorjj^a^or the entity upon behalf of which the personfscted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) JULIE K. ALLEN COMM. #1618513 oNOTARY PUBLIC-CALIFORNIA USAN DIEGO COUNTY P Mv Commission Expires NOVEMBER 3. 2009 Rev. 06/04/1996 UNANIMOUS WRITTEN CONSENT OF BOARD OF DIRECTORS OF McCOMIC CONSOLIDATED, INC. December 19, 2006 (Authorized Signatories) The undersigned, as sole member of the Board of Directors of McComic Consolidated, Inc., a corporation organized under the laws of the State of California ("Company"), does by this unanimous written consent of director adopt the following resolutions: RESOLVED, the Company Board of Directors has determined it is in the best interest of the Company to develop real property located in California, and to authorize Company officers to execute such agreements, contracts, or other instruments as necessary in conjunction with Company's real property development business, including, but not limited to, executing Purchase Agreements, Construction Loans, Construction Contracts, California Department of Real Estate documents, entitlement, land use or permit applications and other land development-related documents (collectively "Development Agreements"). RESOLVED, that Company officers R. Barry McComic, R. Geoffrey McComic, and James Wait are each hereby authorized to execute Development Agreements on behalf of the Company if such Development Agreements reasonably relate to Company's real property development (either on behalf of Company, or, if Company is the managing member of an LLC engaged in real property development, as the LLC manager or managing member). RESOLVED, mat the above- identified Company officers are further authorized and directed to execute such further documents, and to take such further actions, as are reasonably necessary to accomplish the purposes of these resolutions. The undersigned directs that this unanimous written consent be filed with the minutes of proceedings of the Company's Board of Directors. This unanimous written consent of Company director is adopted pursuant to California Corporations Code Section 307(b) and Company Bylaws Article III, Section 13, authorizing Company Board of Directors action bvumjnimous written consent. ^s^ff \ /^f / " Dated: December 19,2006 ^ * ^ffi? lc " R. BARRY McCOMIC, SOLEDIRECTOR