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HomeMy WebLinkAboutMCUP 15-03; Aviara Resort Associates SPE, LLC; 2015-0290077; Notice of RestrictionDOC# 2015-0290077 Jun 05, 2015 11:45 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dnve Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 215-750-01-00 MCUP 15-03 - SPRINT FOUR SEASONS SITE 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: Lot 1 of City of Carlsbad Tract No. 95-02, Unit 1, Planning Area 24 and a portion of 2B, in the City of Carlsbad, County of 14 San Diego, State of California, according to Map thereof No. 13335, filed in the Office of the County Recorder of San Diego County, June 13,1996 is restricted by a Minor Conditional Use Permit No. MCUP 15-03 approved by the City of Carlsbad on April 10, 2015. A copy is on file at the City of Carlsbad Planning Division. The obligations and restrictions imposed are binding on ail present or future interest holders or estate holders of the property. Rev. 01/2013 APN; 215-750-01-00 MCUP 15-03 - SPRINT FOUR SEASONS SITE OWNER: Owner's Name * APPROVED AS TO FORM: S' OF CARLSBAD Signature DON NEU, City Planner Print name and title ^ Date Signature CELIA A. BREWER, City Attorney By: J^.i^£dL Print name and title Assistant City Attorney Date Date (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chainnan, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Othenvise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officerfs) 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. 01/2013 state of Missouri County of St. Louis On this 1^'^*' day of in the year ^^/^ before me, Voslhlf^ M .-RA^^JUfiitr (name of notary), a Notary Public In and for said state, personally appeared fAT LolV£ky (name of individual), known to me to be the person who executed the \A/ithin A/ontk OF /CesTAeriof^ (type of document), and acknowledged to me that he executed the same for the purposes therein stated. Notary DONNA M. BARNHART Notaiy Public - Notaiy Seal State of Missouri Commissioned for Jefferson CounW My Commission Btpires: October 20,2017 Commission Number 13476096 CONSENT OF SOLE DIRECTOR OF AVIARA RESORT ASSOCIATES SPE. LLC The undersigned, being the sole director (the "Director"^ of Aviara Resort Associates SPE, LLC, a Delaware limited liability company (the "Company"! does hereby consent and agree to the adoption ofthe following recital and resolution pursuant to the Delaware Limited Liability Company Act and the terms and provisions of the Company's limited liability company agreement: WHEREAS, the Director deems it desirable and in the best interest of the Company to re-elect the officers of the Company. NOW, THEREFORE, BE IT RESOLVED, that the following persons are hereby elected to the offices set opposite their names, to hold such offices in accordance with the provisions of the Company's limited liability company agreement and pursuant to the laws of the State of Delaware, such election to be effective as of the date hereof: Patrick Lowery Jeffrey Barone President and Treasurer Vice President and Secretary Dated as of April 30,2015 Jeffrey Barone Being the sole director of the Company LEGAL125866423.1 CONSENT OF SOLE DIRECTOR OF AVlAmV RESORT ASSOCIATES SPE, LLC The undersigned, bciag the sole director (the "Direetof") of Aviara Resort A.ssocjates SPE, LLC, a Delaware limhed liability corapany (the "Company"), docs hereby consent and agree to the adoption of the foliowing recitals and resolutions pursuant to the Delaware Limited Liabihty Company Act and the terms and provisions of the Company's limited liability company agreement: ELECTION OF OFFICER WHEREAS, Headier C. Turner has tendered her resignation as President and Treasurer of the Company effective on September 28,2012; NOW, THEREFORE, BE IT RESOLVED, tlvat Pafrick Lowery be elected to tbe offioes of President and Treasurer of the Company, to hold such offices in accordance with the provisions of the Company's limited liability company agreement and pursuant to the laws ofthe State of Delaware, sudi election to be efVective as of the date hereof Dated as of* 2012 Jeffrey Barone Being the sole director ofthe Company 7%23-0000/LEGAa49337J9.l