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HomeMy WebLinkAboutCT 98-12; Loma Verde Inc; 2001-0060096; Notice of Restriction6669 IKE # 2001-0060096 FEB 01s 2001 I:53 Pvti SfM DIEGO COUNTY RECORDER’S OFFICE GREGORY J. MTH, COUNTY RECORDER FEES: 19.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-I 989 ) Space above this line for Recorder’s use Assessor’s Parcel Number 205-220-42, 43 & 45 Project Number and Name CT 98-12/SDP 98-22 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: That portion of Tract 245 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915 is restricted by a Tentative Tract Map and Site Development Plan No(s). CT 98-12 and SDP 98-22 issued by the City of Carlsbad on December 14, 1999. 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. 06/04/96 6670 OWNER: CITY OF CARLSBAD LOMA VERDE INC., a California Comoration DBA Pacific Scene Homes Owner’s Name Signature r- - / / Dennis M. Ferdig, Vice President Print name and title Signature Print name and title MICHAEL J. MZMIKER, Planning Director 1zltzl00 Date ATTEST: Deputy Ci& Attorney 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). Rev. 06/04/96 . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 8t5tiMBmlz~ rQ% before me, JosEG.CA~~~A. Notary Public, personally appeared bctiW& Fe-P~lG I &$ personally known to me - or q 1 evrdem~ to be the person@ whose namew is/w subscribed to the within instrument and acknowledged to me that he/$&%@ executed the same in his/&/+$ authorized capacitym, and that by his/J+@/H#B signaturew on the instrument the person@, or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. f*H+ (Signature of Notary) Rev. 06/04/96 JAN-02-2001 TUE 04:46 PM CITY OF CARLSBAD FAX NO, 760 602 8559 CONSENT TO ACCIONICIF THE BOAlRD OF DIRECTORS OF LOMA VERDE, INC, 6672 The undersigned, all of the d u 1 y elected and acting directors of LoMA VERDE, INC., a California Corporation acting in accordance with the Bylaws of the Company and Section 307(b) of the California Corporations Code, consent to the adoption of the following resolutions, said resolutions to have the same force and effect as if unanimously adopted at a duly held meeting of the Board of Directors. RESOLVED, that Jason B. Khoury, as President of this corporation, or Dennis M. Ferdig, as Vice President of this corporation, or Russ R, Richard, Director of as Authorized Agent and this corporation, or Tammy Miller, as Vice President and Assistant Secretary of this corporation, be and said officers hereby are authorized and directed, to act alone, in the name of and on behalf of Loma Verde, Inc., a California corporation, to execute any and all documents necessary to purchase, reconvey, exchange, or transfer the property known as Magnolia Gardens andmore specifically known as Parcels 205-220-42, 205-220-43 and 205-220-45 located in _ the County of San Diego, State of California, on such terms and conditions as such officer determines to be most beneficial to the corporation, and in connection therewith to execute such option and purchase agreements, grant deeds, deeds of trust, mortgages, quitclaim deeds, escrow instructions, trust agreements, indemnity agreements or other documents as may be necessary or advisable to accomplish the foregoing further act or specific resolution of the Board of Directors. RESOLVED FURTHISR, that any action heretofore taken and any instruments, documents and agreements heretofore executed by said officer shall be and the same hereby are ratified, napproved and confirmed. P, 02 RUSS R. RICHARD -. '. JAN-02-2001 TUE 04:46 PM CITY OF CARLSBAD FAX NO. 760 602 8559 P, 03 6673 CERTIFICZWE OF ASSISTANT SECRETARY The undersigned, Tammy Miller, Assistant Secretary of Loma Verde, Inc., a California Corporation, certifies as follows: d 1. I am the duly elected and acting Assistant Secretary of the named corporation: 2. By a unanimous Consent to Action of the Board of Directors of the Corporation, effective December 17, 1999, the following resolutions were adopted: RESOLmD, that Jason B. Khoury, as President of this corporation, or Dennis M. Ferdig, as Vice President of this corporation, or Russ R. Richard, Director of this corporation, as Authorized Agent and or Tammy Miller, as Vice President and Assistant Secretary of this corporation, be and said officers hereby are authorized and directed, to act alone, in the name of and on behalf of Loma Verde, Inc., a California corporation, to execute any and all documents necessary to purchase, reconvey, exchange, or transfer the property known as Magnolia Gardens and more specifically known as Parcels 205-220-42, 205-220-43 and 205-220-45 located 'in the County of San Diego, State of California, on such terms and conditions as such officer determines to be most beneficial to the corporation, and in connection therewith to execute such option and purchase agreements, grant deeds, deeds of trust, mortgages, quitclaim deeds, escrow instructions, trust agreements, indemnity agreements or other documents as may be necessary or advisable to accomplish the foregoing further act or specific resolution of the Board of Directors. RESOLVED J?URTHER, that any action heretofore taken and any instruments, documents and agreements heretofore executed by said officer shall be and the same hereby are ratified, approved and confirmed. 3. I further certify that the above resolutions are in full force and effect as of the date hereof and have not been modified or revoked. Executed at San Diego, California on December 29, 1999. (-&EfLr s;i) l&J Assistant Secretary