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HomeMy WebLinkAboutCUP 2023-0003; RALPHS GROCERY COMPANY; 2024-0178573; Notice of RestrictionRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2024-0178573 111111111111 lllll 111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Jul 15, 2024 08:54 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 Space above this line for Recorder's use Assessor's Parcel Number 214-430-27-00 Project Number and Name CUP 2023-0003 (DEV2023-0012) - DISH WIRELESS SDSAN00082C 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: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. ADJ 07-04 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JUNE 8, 2007, AS INSTRUMENT NO. 2007-387629 OF OFFICIAL RECORDS. DESCRIBED AS FOLLOWS: PARCELS 5 AND 6 OF PARCEL MAP NO. 15187, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 28, 1988, RECORDER'S FILE NO . 88-140044 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED OR RESERVED BY GRANTOR, INCLUDING WITHOUT LIMITATION ALL OIL, GAS, HYDROCARBON AND SIMILAR RIGHTS, AND ALL WATER, WATER RIGHTS, GEOTHERMAL STEAM AND STEAM POWER, WITHIN OR UNDERLYING THE REAL PROPERTY HEREIN CONVEYED, TOGETHER WITH THE PERPETUAL RIGHT OF DEVELOPMENT THEREOF; PROVIDED, HOWEVER, THAT THE RIGHTS HEREIN RESERVED AND EXCEPTED TO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE AND THE TOP 500 FEET OF THE SUBSURFACE OF THE REAL PROPERTY HEREIN CONVEYED AS RESERVED BY OCCIDENTAL LAND AND DEVELOPMENT CORPORATION, RECORDED JULY 21, 1981, RECORDER'S FILE NO. 81-228252 OP OFFICIAL RECORDS. EXCEPTING THEREFROM NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT Rev. 02/2023 Assessor's Parcel Number: 214-430-27-00 Project Number and Name: CUP 2023-0003 (DEV2023-0012) -DISH WIRELESS SDSAN00082C AGREEMENT DATED JUNE 1, 1988, EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATION DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 1, 3, 5, 7, 8, 13 AND 14 OF PARCEL MAP NO. 15187, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORN IA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 28, 1988 AS FILE NO. 88-140044 OF OFFICIAL RECORDS, AS MORE PARTICULARLY DESCRIBED IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988; EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION , RECORDED JUNE 6, 1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS is restricted by a Conditional Use Permit No. CUP 2023-0003 approved by the City of Carlsbad on March 14, 2024. A copy is on file at the City of Carlsbad Planning Division. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. 2 Rev. 02/2023 Assessor's Parcel Number: 214-430-27-00 Project Number and Name: CUP 2023-0003 (DEV2023-0012) -DISH WIRELESS SDSAN00082C OWNER: Signat~re \, :Sclv, 1),&'r cw;C_O ~ u £ Ce ect~i.u:k;oJ Print name and title 'zr {~s,;·1':_,, +c_r\'-t- S,ec r"'} Signature Print name and title tY\c.,1 2 <"'.:) z u 2.5·-f' I :,;> J Date ' APPROVED AS TO FORM: CITY OF CARLSBAD &~ ERIC LARDY City Planner 6/~I j d-0J-j Date CINDIE If MCMAHON, C" ney By: u2 I 6l u /QD~/-l Date • ; (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 officer(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). 3 Rev. 02/2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the 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 V~ ~ !¥'-\¢_.. $ ) On N\c~j 3b, :2D',l..,4 before me, V r,J k r \ L L. 0 l: i>4f\, ~~ 0{ ? ~ 6 l, L • Date • ,,-~ _ 1 Here Insert Name and Title of the Officer personally appeared ----.Jo h r\ _L.Je._ \ R:, n C ,€_ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,(s) whose name,!sJ is/are- subscribed to the within instrument and acknowledged to me that he/sl:le/ooy-executed the same in his/her-Aflei-r-authorized_ capaciMies,, and that by his/her/their signature~J on the instrument the personJ.S,, or the entity upon behalf of which the perso9,(sf acted, executed the instrument. - Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand..,and official seal. c/ / -~ _1/ ~ Signature ½;t_f --L: -ea: " ;;, Signature of Notary Public ---------------OPTJONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact D Trustee □ Guardian or Conservator □ Trustee • □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~~~~~ ©2015 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 FRED MEYER STORES, INC. CERTIFICATE OF INCUMBENCY The undersigned hereby certifies that she is an Assistant Secretary of Fred Meyer Stores, Inc., (the "Company"), and that the following person holds the office set forth opposite his name below: John D. DeFrance -Vice President and Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed and delivered this Certificate oflncumbency on this 18th day of April 2024. V61-6Wi D. h6~ Dorothy ~Roberts Assistant Secretary RALPHS GROCERY COMPANY ASSISTANT SECRETARY'S CERTIFICATE I, Dorothy D. Robel'ts, Assistant Secretary of Ralphs Groce1y Company, a corporation organized and existing under and by virtue of the laws of the State of Ohio (the "Company,.) do hereby certify that the following is a true and exact copy of certain 1·esolutions adopted by the sole director of the Company through an action by written consent dated as of June 28, 2023; and I further ce1tify that the following resolutions have not been amended, modified 01· rescinded and remain in full force and effect: RESOLVED, That any of the following persons be, and they hereby are, authorized for and on behalf of the Company to sell or transfer real property, and to execute and deliver deeds and any other documents necessary or incident thereto where the consideration for any such sale or transfer does not exceed the sum of Fifty Million DoJlars ($50,000,000) in the aggregate in one transaction, to wit: the President, any Vice President, the Secretary, the Treasurer, and any othel' person duly authorized by the President; and that the Secretaiy or any Assistant Secretary may impress thereon the seal of the Company and attest the execution of such deeds or other documents, and be it further RESOLVED, That any one of the aforementioned persons be, and each hereby is, authorized for and on behalf of the Company to contract for the purchase by the Company of real property, and to execute and deliver any documents necessary or incident to such purchase where the consideration for any one such purchase does not exceed the sum of Fifty Million Dollars ($50,000,000); and that the Secretary or any Assistant Secretary may impress thereon the seal of the Company and attest the execution of such contracts 01' other documents, and be it further RESOLVED, That any one of the aforementioned persons be, and each hereby is, authodzed for and on behalf of the Company to acquire equipment, real property, leasehold interests in real property and other interests relating to the Company's operations and to execute and deliver documents necessary or appropriate in connection with such acquisition, where the aggregate consideration for any transaction or series of related transactions does not exceed Fifty Million Dollars ($50,000,000); and be if further RESOLVED, That any one of the aforementioned persons be, and each hereby is, authorized for and on behalf of the Company to execute ali documents related to the disposition of Company interests by leasing, subleasing or assigning of leases, for real property used or acquired by the Company in connection with its operntions where the aggregate consideration for any tmnsaction 01· series of telated transactions does not exceed Fifty Million Dollars ($50,000,000); and be it further RESOLVED, That any one of the aforementioned persons be, and each hereby is, authorized for and on behalf of the Company, to grant easements, right-of-way dedications and such other instruments necessary for the partitioning and/or development of the real property of the Company; and be it further RESOLVED, That any one of the aforementioned persons be, and each hereby is, authorized for and on behalf of the Company, to execute all documents necessary in such officer's judgment, to enter into one or more partnerships or limited liability companies, or to serve and act as a manager of any such entity, for the purpose of purchasing, owning, leasing, developing and selling real propetty, and be it further RESOLVED, That any one of the aforementioned persons be, and each hereby is, authorized to execute such documents as may be deemed necessary, desirable or appropriate, in such office1Js judgment, on behalf of the Company in its capacity as a partner, member, or manager, as the case may be, in the business operations of any such partnership, limited liability company, or other entity, including, but not limited to, all documents relating to the purchase, ownership, leasing, development and sale of real property, guaranty or loan participation agreements and loan documents for construction loans and permanent loans, provided that all loans for any one property do not exceed the smn of Fifty Million Dollars ($50,000,000) in the aggregate, and be it further RESOLVED, That any one of the aforementioned persons be, and each hereby is, authorized to gual'antee in the name of and on beha If of the Company any lease or other obligation incurred in the ordinaty course of business by any wholly-owned subsidiary or any other corporation or business entity in which the Company holds at least a 20% ownership interest, whether through voting stock, or otherwise, and be it further RESOLVED, That any one of the aforementioned persons be, and each 11ereby is, authorized to guarantee in the name of and on behalf of the Company any obligation of any third party when such guaranty is deemed necessary or desirable in the furtherance of the Company's business interests, prnvided that the obligations guaranteed on behalf of such third party do not exceed the sum of Fifty Million Do11ars ($50,000,000), and be itfmther RESOLVED, That any one of the aforementioned persons be, and each hereby is, authorized in the name of and on behalf of the Company to make a loan to any third party when such loan is deemed necessary or desirable in the furtherance of the Company's business interests, provided that the amount of such lom1 does not exceed the sum of Fifty Million Dollars ($50,000,000). These resolutions are in substitution for and 1·eplace similar resolutions adopted by the Board of Directors of the Company by written consent on March 8, 2012. IN WITNESS WHEREOF, I have hereunto set my hand on the 3rd day of June, 2024.