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Home My WebLink AboutMCUP 14-15; PK I North County Plaza, LP; 2015-0507635; Notice of RestrictionDOC# 2015-0507635 llill RECORDING REQUESTED BY AND) Sep 25, 2015 03:58 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr SAN DIEGO COUNTY RECORDER FEES: $30.00 PAGES: 6 WHEN RECORDED MAIL TO: City Clerk ) CITY OF CARLSBAD ) 1200 Cartsbad Village Drive ) Carisbad, California 92008-1989 ) Space above this line for Recorder's use Assessor's Parcel Number 156-301 -16-00 Project Number and Name MCUP 14-15/CDP 14-24 ~ Verizon Wireless Marron Road 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: Parcel 1 of Parcel Map No 15975, in the City of Carlsbad. County of San Diego, State of Califomia, tiled in the Office of the County Recorder or San Diego County, February 2, 1990 as File No. 90-262217 of offidal records 18 restricted by Minor Conditional Use Permit and Minor Coastal Development Perrmit Nos. MCUP 14-15 / CDP 14-24 approved by the City of Carisbad on October 30, 2014. A copy is on file at the City of Carlsbad Planning Divtsion, The obligations and restrictions imposed are binding on ali present or fuiure interest holders or estate holders of the property. Rev 01/2013 Assessor's Parcel Number: 156-301-16-00 Project Number and Name: MCUP 14-15/CDP 14-24 - Verizon Wireless Marron Road OWNER: Owners Name Signature Print name and title APPROVED AS TO FORM: y OF CARLSBAD DON NEU, City Planner Date Signature Print name and title Date CELIA A. BREWER, City Attomey Ass ist a nt C i ty Attorney" Date (Proper notarial acknowledgment of execution by Contractor must be attached) (Chairman, president or vice-president and secretary, assistarU 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 officer(s) signing to bind tiie corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Rev 01/2013 PK I NORTH COUNTY PLAZA LP By: PK I North County GP LLC, its general partner By: Kim Pacific Resulting LP, its sole member By: KlM-BlG 2 JV GP, Inc., its general partner By: Name: Title: Kevin smith Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego .) On Juty 24, 2015 before me Nicole Ann Clark, Notary Public (insert name and title of the officer) personally appeared Kevin Smith who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. (Seal) "^L^VN CLARK 1^ Commission # 1965257 Notary Public - California z San Diego County i My Comni. Expires Jan 27. 2Q1fi ^ CERTIFICATE WITH RESPECT TO KIM-BIG 2 JV GP, INC. regarding PK I NORTH COUNTY PLAZA LP The undersigned, as an Assistant Secretary of KIM-BIG 2 JV GP, INC., a corporation organized under the laws of the State of Delaware (the "Company"), does hereby certify that the following is a true and complete copy of certain resolutions which have been adopted by the Board of Directors of the Company which were duly and lawfully adopted on September 1, 2015; such resolutions have not been amended, altered or rescinded and are in fiill force and effect on the date hereof: WHEREAS, the Company, is the general partner of KIM PACIFIC RESULTING LP, a Delaware limited partnership ("KIM"), which is the sole member of PK I NORTH COUNTY GP LLC, a Delaware limited liability company ("PK"), which is general partner of PK I NORTH COUNTY PLAZA LP, a Delaware limited partnership (the "Owner"); and WHEREAS, Owner, as owner of the shopping center commonly known as North County Plaza, located in the City of Carlsbad, in the County of San Diego and State of Califomia (the "Shopping Center"), and has been requested by Verizon Wireless (VAW) LLC ("Tenanf) to execute a Notice of Restriction for the City of Carlsbad (the "Notice") for the Shopping Center; and it is hereby RESOLVED, that in furtherance of the foregoing, the Executive Chairman, the President, or any Vice President (including but not limited to Kevin J. Smith), Secretary or Assistant Secretary of the Company be, and each of them hereby is authorized on behalf of the Company, acting as a general partner of KIM, as the sole member of PK, as the general partner of Owner, to execute and deliver the Notice and additional documents, instruments, agreements and vsTitings as may, in the Company's discretion, be required in coimection with the consummation of the aforesaid transaction; all and each of the foregoing to contain such additional terms and provisions as the officer executing the sarae shall approve; and the execution and delivery of any of the foregoing shall be conclusive evidence that the same have been authorized by this resolution; and it is further RESOLVED, that the Executive Chairman, the President, or any Vice President (including but not limited to Kevin J. Smith), Secretary or Assistant Secretary of the Company be, and each of them hereby is authorized on behalf of the Company, acting as a general paitner of KTM, as the sole member of PK, as the general partner of Owner, to execute and deliver such further instruments, agreements or documents and to perform such other acts, as in their, his or her judgment may be necessary or appropriate in order to effectuate the consummation of the aforesaid transaction and the intent and purpose of the foregoing resolution; the execution and Ptgc 1 of 2 0:'JJ;OAL DEPT\A.ia Secrsluiy CertiricaIionsM42SA\AsslSa: Cm K Verizon I425D doom delivery of any of such further mstruments, agreements or documents, and the performance of any such other acts shall be conclusive evidence that the same have been authorized by this resolution. IN WITNESS WHEREOF, the undersigned has hereunto set his signature on September 2,2015. Kevin J. Smith Assistant Secretary C:\LEGAL DEPTNAut $ecr«t>ry CatiOMtioasM42SANA»tSec Cert n Verizon MZSB.doem Htt 3 of J