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HomeMy WebLinkAboutSDP 03-15; Casa Laguna II LLC; 2004-0691366; Notice of RestrictionDOC # 2004-0691 366 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 1 Citv Clerk 1 --8 -- CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 I ll1111ll Ill IIIII 111llll1ll Ill11 11111 11111111111111111111 11111 1111 1111 JUL 23,2004 8:48 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES 32.OU PAGES: 9 I111111 1111 Ill11 11111 11111 Ill11 Ill11 1111 Ill11 Ill11 Ill11 Ill11 Ill11 1111 Ill1 1111 Carlsbad, California 92008-1 989 1 Space above this line for Recorder's use Assessor's Parcel Number 155-223-20-00 Project Number and Name SDP 03-1 5/CP 03-06 - CASA LAGUNA II 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 Lot 1 in Fractional Section 1, Township 12 South, Range 5 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof is restricted by a Site Development Plan No. 03-15 issued by the City of Carlsbad on May 19, 2004 and a Condominium Permit No. CP 03-06 issued by the City of Carlsbad on May 25, 2004. 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 OWNER: CITY OF CARLSBAD CASA LAGUNA 11, LLC, a California Limited 1 iabilitv Owner’s Name Company .. .. Planning Di recto Date President Print name and title - ATTEST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney Patricia A. Buckmaster Print name and title Secretary-Treasurer Date -8--dL/ (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, Cf 0 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 Notary Public, personally appeared dv(d 0ucKm05kr % @lhC;Q Ab I3 vr# m4 stekr @ personally known to me - or 0 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Sign af ure of Notary ) Rev. 06/04/96 MERIT GROUP, INC. P 0 BOX 4177 CARLSBAD. CA 92018-4177 Tel: (760) 720-6099 Fax: (760) 720-6020 June 4,2004 City Of Carlsbad Planning Department Mr. Van Lynch Subject: SDP 03-1 5 - Casa Laguna II Pursuant to your request please find the Limited Liability Company Articles Of Organization and and the Resolution authorizing Merit Inc. the managing member, the authority to sign all necessary documents for the LLC. We have also enclosed Merit Group Inc’s Resolution to form The Casa Laguna II, LLC and Merit Group Inc being the managing member. Sincerely, MERIT GROUP INC. ---./ SECRETARY OF STATE SeciStale Form CE 107 (rev 1/03) I State of California Bill Jones Secretary of State LIMITED LIABILITY COMPANY ARTICLES OF ORGANIZATION A $70.00 filing fee must accompany this form. IMPORTANT - Read instructions before completing this form. ENDORSED - FILED in the office of the Secretary of State of the State of California OCT 2 2 2003 KEVIN SHELLEY Secretary of State This Space For Filing Use Only 1. Name of the limited liability company (end the name with the words 'Limited Liability Company," " Ltd. Liability Co..' orthe abbreviations "LLC' or 'L.LC.") Casa Laguna II, LLC The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company may be organized under the Beverly-Killea limited liability company act. Name the agent for service of process and check the appropriate provision below: Z. 3. which is Michael J. Radford an individual residing in California. Proceed to item 4. 0 a corporation which has filed a certificate pursuant to section 1505. Proceed to item 5. If an individual, California address of the agent for setvice of process: Address: 2223 Avenida de la Playa, Suite 100 city: La Joila State: CA Zip Code: 92037 The limited liability company will be managed by: (check one) $. 5. Bone manager amore than one manager a single member limited liability company 011 limited liability company members 3. Other matters to be included in this certificate ma be set forth on separate attached pages and are made a part of this certificate. Other matters may include the latest date on whicK the limited liability company is to dissolve. 7. Number of pages attached, if any: 3. Type of business of the limited liability company. (For informational purposes only) Real Estate Development 3. DECLARATION It is hereby declared that I am the person who executed this instrument, which execution is my act and deed. Signature of OCganizer / October 21.2003 Date Michael J. Radford Type or Print Name of Organizer IO. RENRNTO NAME hchael J. Radford FIRM ADDRESS CITY/STATE La Jolla, California ZIP CODE E037 Law Offices of Michael J. Radford 2223 Avenida de la Playa, Suite 100 SEC/STATE (REV. 12/99) 1 State of California Kevin Shelley Secretary of State & " .- ~~&--'"q, w I .+'W .:+ +, IMPORTANT- Read Instructions Before Completing This Form 1. LIMITED LIABILITY COMPANY NAME (Do not alter If name IS prepnnted ) ,- CASA LAGUNA 11, LLC 2. SECRETARY OF STATE FILE NUMBER 3. STATE OR PLACE OF ( 70 0329710086 CALIFORNIA This Space For Filing Use Only SANIZATION - - - - - - . - - - - - I 4. PRINCIPAL EXECUTIVE OFFICE STREETADDRESS 2171 EL CAMINO REAL, SUITE 202 CITY I)cFANqTnF STATE CA ZIP CODE 9 2 0 5 4 CALIFORNIA OFFICE WHERE RECORDS ARE MAINTAINED (FOR DOMESTIC ONLY) 5. STREETADDRESS 2171 EL CAMINO REAL,SUITE 202 CITY OCEANSIDE STATE CA ZIP CODE 9 2 0 5 4 CHECKTHE APPROPRIATE PROVISION BELOW AND NAME THE AGENT FOR SERVICE OF PROCESS [ ] AN INDIVIDUAL RESIDING IN CALIFORNIA. [ X] 6. A CORPORATION WHICH HAS FILED A CERTIFICATE PURSUANT TO CALIFORNIA CORPORATIONS CODE SECTION 1505. AGENT'S NAME: MICHAEL J. RADFORD 7. ADDRESS OF THE AGENT FOR SERVICE OF PROCESS IN CALIFORNl& IF AN INDIVIDUAL ADDRESS 2223 AVENIDA DE LA PLAYA, SUITE 100 CITY LA JOLLA STATE CA ZIPCODE 92037 8. DESCRIBE TYPE OF BUSINESS OF THE LIMITED LIABILITY COMPANY. RFAl FS TATE DE VELOPMENT 9. LIST THE NAME AND COMPLETE ADDRESS OF ANY MANAGER OR MANAGERS, OR IF NONE HAVE BEEN APPOINTED OR ELECTED, PROVIDE THE NAME AND ADDRESS OF EACH MEMBER. ATTACH ADDITIONAL PAGES, IF NECESSARY. 9a. NAME MERIT GROUP, INC. 92054 ADDRESS 2171 EL CAMINO REAL, SUITE 202 CITY OCEANSIDE STATE CA ZIPCODE 9b. NAME ADDRESS CITY STATE ZIP CODE 9C. NAME ADDRESS CITY STATE ZIP CODE CHIEF EXECUTIVE OFFICER (CEO), IF ANY NAME ADDRESS CITY STATE ZIP CODE 10. 11. 12. NUMBER OF PAGES ATTACHED, IF ANY: THIS STATEMENT IS TRUE, CORRECT, PATRICIA A. BUCKMASTER MERIT GROUP,INC. SFCY. TRFAS 11/19/03 TITLE DATE TYPE OR PRINT NAME OF PERSON COMPLETING FORM SEClSTATE FORM LLC-12 (REV. 01/03/03) APPROVED BY SECRETARY OF STATE CORPORATE RESOLUTION AUTHORIZATION BY CASA LAGUNA a, LLC A CALIFORNIA LIMITED LIABILITY COMPANY RESOLVED: That the undersigned, Managinghfember, acting on behalf of Casa Laguna 11, LLC, hereby authorize and empower Merit Group Inc. the managing member, to execute all documents necessary for the development of property known as Casa Laguna II, i.e., tentative map, final map, building permits, utilities, San Diego Gas and Electric, financing, sales contracts, any and all necessary documentation with the City of Carlsbad or County of San Diego, as necessary for the development of subject property. I, H. David Buckmaster, President of Merit Group Inc. Manager of Casa Laguna 11 LLC, created and existing under the laws of the State of California, and Patricia A. Buckmaster, Secretary-Treasurer of Merit Group Inc., do hereby certify and declare that the foregoing resolution duly passed by the MembersManager of said LLC at a meeting called, without notice, and held, at this office of said LLC, on the 21st day of October, 2003, at which meeting a quorum of the Members was present and voted in favor of said resolution and is now in full force and effect. IN TESTIMONY WHEREOF, we have hereunto set our signatures on this 21" day of October 2003. CASA LAGUNA II, LLC A California Limited Liability Company MERIT GROUP INC. PATRICIA A. BUCKMASTER MEFUT GROUP INC. H. DAVID BUCKMASTER, PRESIDENT MANAGING MEMBER SECRETARY -TREASURER MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF MERIT GROUP, INC. A MEETING OF THE BOARD OF DIRECTORS OF MERIT GROUP, INC. WAS HELD AT 1PM ON OCTOBER 20,2003 IN OCEANSIDE, CALIFORNIA. WE, THE UNDERSIGNED, BEING ALL THE DIRECTORS OF MERIT GROUP, INC., HEREBY WAIVE ALL ADVANCE NOTICE OF SAID MEETING AND AGREE AND CONSENT THAT THIS MEETING IS HELD AT THE OFFICES OF THE CORPORATION. THE PURPOSE OF THE MEETING WAS TO AUTHORIZE H. DAVID BUCKMASTER THE CORPORATE PRESIDENT and PATRICIA A. BUCKMASTER, SECRETARY, TO SIGN DOCUMENTATION AUTHORIZING MERIT GROUP INC. TO BECOME THE MANAGING MEMBER OF CASA LAGUNA II, LLC, A CALIFORNIA LIMITED LIABILITY CORP. H. DAVID BUCKMASTER, PRESIDENT OF MERIT GROUP, INC. CREATED AND EXISTING UNDER THE LAWS OF THE STATE OF CALIFORNIA, DOES HEREBY CERTIFY AND DECLARE THAT THE FOREGOING RESOLUTION IS DULY PASSED BY THE BOARD OF DIRECTORS OF SAID CORPORATION AT A MEETING OF SAID BOARD, DULY CALLED, AND HELD AT THIS OFFICE OF SAID CORPORATION ON OCTOBER 20,2003, WHICH MEETING A QUORUM OF THE BOARD OF DIRECTORS WAS PRESENT AND VOTED IN FAVOR OF SAID RESOLUTION NOW IN FULL FORCE AND EFFECT. IN TESTIMONY WHEREOF, I HERETO SET MY SIGNATURE ON THIS 20TH DAY OF OCTOBER, 2003. MERIT GROUP INC. /