HomeMy WebLinkAboutSDP 96-14; Legoland Carlsbad AG; 1997-0391747; Notice of Restriction7"
720
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
) City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive ,,
Carlsbad, California 92008-1989 , )
S&e above this he for Recorder's use
' . PaiqelNo. 211-100-09& 11
NOTICE CONCERNING AIRCRAFT
PLL IMPACTS
CASE NO: SDP 96;I4KDp 96-16
This Declaration and Notice Concerning Aircraft Enviromiental Impacts is made by
LEGOLAND Carlsbad AG, a corporation, herein after referred to as the "Owner", as developer
of certam real properly situated in the City of Carlsbad, County of San Diego, State of California.
RECITALS
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A. The Owner is the developer and holder of the title to certain real property in the
City of Carlsbad, County of San Diego, Califernia, more fully described as:
B. The property is-located approximately 9/10 of a mil&) from the McClellan-
Palomar Airport, City of Carlsbad, San Diego Cotkty (the "Airport"), operated by
the County of San Diego, through which are conducted certain aircraft operations
on and about said Airport and over real property in the vicinity of the Airport.
C. Owner has no control over the operations of the Airport, including the types of
aircraft, flight, the flight pattems of the aircraft, nor the frequency of the flights.
D. It is the desire of Owner to give notice to any potential purchaser of the real
property of the air flight operation and the fact that purchasers may be subject to
overflight, sight and sound of aircraft operating to or from the Airport.
E. The purpose of this notice is to disclose to the fullest extent possible present and
future potential impacts of noise generated by all manner of aircraft including
public, military and private aircraft which will generate noise and other
environmental impacts.
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Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 2 OF 3
NOW, THEREFORE, in light of the above Recitals, as developer and owner of the
property, does, for itself, and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with Site Development
Plan and Coastal Development Permits (SDP 96-14KDP 96-16), approved by the
City of Carlsbad, which approval includes the requirement of the City of
Carlsbad, that the development of the property is consistent with the Land Use
Element and Noise Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the Airport,
including without limitation, the types or number of flight operations, types of
aircraft (including jet aircraft), timing of flight operation, or frequency of flights.
3. That the flight operations to the Airport may create significant aircraft
environmental impacts affecting the purchasers, tenants and occupants of the
property and that purchasers, tenants and occupants of the property reside there
subject to such overflight, sight and sound.
4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved subject to this Declaration and Notice. This Notice
shall run with the property and shall be binding upon all parties having or
acquiring any right, title or interest in the property.
5. The purpose of this Notice is to disclose to the fullest extent possible present and
future potential impacts of noise generated by all manner of aircraft including
public and private aircraft which will generate noise and other environmental
impacts.
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Noise Form #2 Rev. 03/27/95
FORM: NOISE 2: 3 OF 3
Executedthis a day of SV. ,19%.
*OWNER:
(sign here) //
(print name here)
AG~GTRWT 5eC-ReAlr\! I
(title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice president secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Noise Form #2 Rev. 03/21/95
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$23
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On xUL)I a9, 1997 before me, v ll=Gtk'JtA- S'. &i?~fi&%?
Notary Public, personally appeared S\/Epd@ /%E N1,ibxFd
personally known to me - or 0 proved to me on the basis of satisfactory
evidence to be the personls) whose name.M@are subscribed to the within
instrument and acknowledged to me that @/she/they executed the same in
@her/their authorized capacityW, and that by Gerltheir signaturewon the
instrument the person(&, or the entity upon behalf of which the persow acted,
executed the instrument.
WITNESS my hand and official seal.
zi,*s&4L-Q&
(SignCdture of Notary)
Rev. 06/04/96
TELEPHONE: (619) 234-1966
FACSIMILE (619) 234-3848 (UTI4 FLOOR)
(619) 236-1403 (131~ FLOOR)
(619) 699-0241
Wwre~'s Dm DIAL:
BROBECK PH LEGER & HARRISON
LLP
ATTORNEYS AT LAW
JUL 28 1997
550 Wwr C STREET
CAUPORNU 92101-3532
Sm DWO
Sm 1300
July 25, 1997
VIA MESSENGER
Richard Ape1
Landscape Architect
LEGOLAND Carlsbad, Inc.
Carlsbad Ranch & LEG0 Information Center
5600 Avenida Encinas
Suite 130
Carlsbad, CA 92009
Re: Officer's Certificate
Dear Richard
Enclosed are the Officer's Certificates for the following three companies
for you to provide to the City of Carlsbad
1. LEGOLAND Estates AG;
2. LEGOLAND Carlsbad, Inc.; and
3. Carlsbad Estate Holding, Inc.
Please call me if you have any questions regarding these documents.
Very truly yours,
BROBECK, PHLEGER & HARRISON LLP
Joan B. Stafslien
Enclosures
OFFICER'S CERTIFICATE
FOR
LEGOLAND ESTATES AG (LEGOLAND ESTATES, INC.)
I, Todd J. Anson, Secretary of EGOLAND Estates AG (LEGOLAND Estates,
Inc.), a Swiss corporation (the "Corporation"), do hereby certify as follows:
(i) Effective as of June 10, 1997, the Corporation changed its name with the
Secretary of State of California from "LEGO Carlsbad AG (LEGO Carlsbad Inc.)" to
"LEGOLAND Estates AG (LEGOLAND Estates, Inc.)"
(ii) The following persons named are officers of the Corporation and such persons
hold the office opposite their name: ..
NAME
Svend Aage Madsen
Todd J. Anson
OFFICE
Assistant Secretary
Secretary
(iii) Dr. Werner Altorfer is the sole director of the Corporation.
(iv) The following is a true and correct copy of certain resolutions duly adopted
by the Board of Directors of said Corporation as of March 19, 1997, and said resolutions
are in full force and effect and have not been rescinded, to wit:
WHEREAS, The Board of Directors has determined that it is in the best
interests of the Corporation and its shareholders to negotiate, enter into and
execute documents ("Documents") including, but not limited to, final maps,
easements, agreements, covenants, documents relating to the formation of
assessment districts, deed restrictions, and any and all other documents
relating to the subdivision, development and/or improvement of the [certain
real property located in Carlsbad, California and commonly known as
LEGOLAND Carlsbad (the "Property") and described on Exhibit A attached
hereto];
RESOLVED, the Corporation shall negotiate, enter into and execute the
Documents relating to the subdivision, development and/or improvement of '
the Property;
RESOLVED, FURTHER, that all actions heretofore taken by the
incorporators, the directors or the officers of this Corporation, and all things
done by their authority, in connection with the foregoing resolutions and the
transactions contemplated thereby are hereby ratified, approved and adopted
as the acts of this Corporation.
RESOLVED, FURTHER, that any director or officer of the Corporation,
each acting alone, be, and hereby is, authorized and directed on behalf of the
Corporation and in its name to take all further actions and execute all further
documents which he/she deems necessary or desirable in order to carry out
the purpose and intent of the foregoing resolutions.
WITNESS My HAND OF SAID Corporation as of the 25th day of July, 1997.
/I Todd J. An$$
Secretary '
STATE OF CALIFORNIA )
COUNTY OF ) ) ss
On Q LdU,A5; \qg1 , before me Notary Public,
personally appeared Todd J. Anson r 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
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad Ranch Units 2 & 3, in the
City of Carlsbad, County of San Diego, State of California, according to Map thereof, No.
13408, recorded in the Office of the County Recorder of San Diego County on April 1,1997.
OFFICER’S CERTIFICATE
FOR
CARLSBAD ESTATE HOLDING, INC.
I, Todd J. Anson, Secretary of Carlsbad Estate Holding, Inc., a California corporation
(the “Company”), do hereby certify as follows:
(i) The following persons named are officers of the Company and such persons
hold the office opposite their name:
NAME
William Haviluk
Todd J. Anson
Poul Hartvig Nielsen
OFFICE
President and Chief Financial Officer
Secretary
Assistant Secretary
(ii) Christian Majgaard Nielsen, Svend Aage Madsen, Pod Hartvig Nielsen, John
Bondergaard, Sven Sanvig Bach, Peter Eio and William Haviluk are the directors of the
Company.
(iii) The following is a true and correct copy of certain resolutions duly adopted
by the Board of Directors of said Corporation as of June 17, 1996, and said resolutions are
in full force and effect and have not been rescinded, to wit:
WHEREAS, The Board of Directors has determined that it is in the best
interests of the Corporation and its shareholders to take certain steps in order
to enhance the value of certain unimproved land more particularly described
on Exhibit A attached hereto (the “Property”), which is part of the larger
project known as the Master Site, whereby such steps may include (1) pre-
development and development activities with respect to the Property generally
in conformance with the Master Site Plan for Carlsbad Ranch, as submitted
to the City of Carlsbad on or about February 27, 1995 (“Master Site Plan”)
and in accordance with the Amended and Restated Option Agreement
between Carlsbad Ranch Company and LEG0 Park Planning, Inc. dated as
of October 19, 1995 (“Option Agreement”), and (2) pre-development and
development activities with respect to the hotel/resort site portion of the
Property (“Resort Site”) for eventual lease, sale or joint venture to a resort
developer/operator for a family-friendly hotel that supports and compliments
LEGOLAND Carlsbad.
NOW THEREFOR, BE IT RESOLVED, the Corporation shall take certain
steps in order to enhance the value of the Property, whereby such steps may
include (1) pre-development and development activities with respect to the
Property generally in conformance with the Master Site Plan and in
accordance with the Option Agreement, and (2) pre-development and
development activities with respect to the Resort Site for eventual lease, sale
or joint venture to a resort developer/operator for a family-iiiendly hotel that
supports and compliments LEGOLAND Carlsbad.
RESOLVED, that the officers of the Corporation, and each of them, and such
persons appointed to act on their behalf pursuant to the foregoing resolutions,
are hereby authorized and directed in the name of the Corporation and on its
behalf, to execute any additional certificates, agreements, instruments or
documents, or any amendments to supplements thereto, or to do or to cause
to be done any and all other acts as they shall deem necessary, appropriate
or in furtherance of the full effectuation of the purposes of each of the
foregoing resolutions and the transactions contemplated therein.
FURTHER RESOLVED, that all actions heretofore taken by the
incorporators, the directors or the officers of this Corporation, and all things
done by their authority, in connection with the foregoing resolutions and the
transactions contemplated thereby are hereby ratified, approved and adopted
as the acts of this Corporation.
WITNESS My HAND OF SAID Company as of the 25th day of July, 1997.
Todd J. Ansdn
Secretary
STATE OF CALIFORNIA 1
COUNTY OF 1 1 ss
On Jb\Li 95, lW7 ’ ,before me, qM Q UKd, Notary Public,
personally appeared Tohd J. Anson , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose name@) 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 4
[SEAL1 comhlcne 11m1
OFFICER'S CERTIFICATE
FOR LEGOLAND CARLSBAD, INC.
I, Todd J. Anson, Secretary of LEGOLAND Carlsbad, Inc., a California corporation
(the "Company), do hereby certify as follows:
(i) The following persons named are officers of the Company and such persons
hold the office opposite their name:
NAME
WiUiam Haviluk
Todd J. Anson
Poul Hartvig Nielsen
OFFICE
President and Chief Financial Officer
Secretary
Assistant Secretary
(ii) Christian Majgaard Nielsen, Svend Aage Madsen, Poul Hartvig Nielsen, John
Bondergaard, Sven Sanvig Bach, Peter Eio and William Haviluk are the directors of the
Company.
(iii) The following is a true and correct copy of certain resolutions duly adopted
by the Board of Directors of said Corporation as of June 17, 1996, and said resolutions are
in full force and effect and have not been rescinded, to wit:
WHEREAS, The Board of Directors has determined that it is in the best
interests of the Corporation and its shareholders to negotiate, enter into and
execute documents ("Documents") including, but not limited to, final maps,
easements, agreements, covenants, documents relating to the formation of
assessment districts, and deed restrictions, relating to the subdivision,
development and/or improvement of the real property ("Property") to which
the Corporation has an option to purchase;
NOW THEREFOR, BE IT RESOLVED, the Corporation shall negotiate,
enter into and execute the Documents relating to the subdivision,
development and/or improvement of the Property;
RESOLVED, that the President or Secretary of the Corporation each acting
alone, be, and hereby is, authorized and directed to execute, have
acknowledged (if appropriate), and deliver in the name and on the behalf of
this Corporation, the Documents, or to do or to cause to be done any and all
other acts as they shall deem necessary, appropriate or in furtherance of the
full effectuation of the purposes of each of the foregoing resolutions and the
transactions contemplated therein.
FURTHER RESOLVED, that all actions heretofore taken by the
incorporators, the directors or the officers of this Corporation, and all things
done by their authority, in connection with the foregoing resolutions and the
transactions contemplated thereby are hereby ratified, approved and adopted
as the acts of this Corporation.
WITNESS My HAND OF SAID Company as of the 25th day of July, 1997.
Todd J. Anson [J
Secretary
STATE OF CALIFORNIA 1
ss
COUNTY OF
On JL~U 3 5,!1997 ,be l.IesIJel Notary Public,
personally appeared Todd J. Anson own to me (or proved to me
on the basis of satisfactory evidence) to be the person@) 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@,), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and 0- A