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HomeMy WebLinkAboutSP 187B; PK I NORTH COUNTY PLAZA LP; 2012-0036356; Notice of Restriction(1 DOCtt 2012-GG3G35G llllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIM JAN 23, 2012 11:58 AM RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 28.00 PAGES: Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 156-301-16-00 SP 187(B) - North County Plaza 5 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: Parcel 1 of Parcel Map No. 15975, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, February 2, 1990 as file no. 90- 062247 of official records is restricted by a Minor Specific Plan Amendment No. SP 187(B) approved by the City of Carlsbad on December 27, 2011. 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. Rev. 11/26/2008 156-301-16-00 SP 187(B) - North County Plaza OWNER: Owner's Name Signature ' Print name and title ^ APPROVED AS TO FORM: OtTY OF CARLSBAD DON NEU, City Planner Date Signature Print name and title Date RONALD R. BALL, City Attorney By: /^/7^^/l^^ Date jTstant City Attorney (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. 11/26/2008 PK I NORTH COUNTY PLAZA LP By: PK I North County GP LLC, its general partner By: KIM-BIG 2 JV LP, its sole member By: KJJ^^^piG^ JV GP, If^c,„its general partner Nahie: William Brown Title: Vice President STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 3Qcn. S. 3^ before me, Kar^O Gcx^r-V-\n^r Notary Public, personally appeared L>^iU la^rf^ 6rt)U3 0 , who proved to me on the basis of satisfactory evidence to be the person(8) whose name(9) is/afe subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/hep/their authorized capacity (ies), and that by his/hef/tl=^eir signature(20 on the instrument the person^, or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Notary) tkRENGAERliNkH committion # 1878335 notify Public •CtlWorma OfMOi County Rev. 12/17/2007 CERTIFICATE WITH RESPECT TO KIM-BIG 2 JVGP, INC. regarding PK I NORTH COUNTY PLAZA LP The undersigned, as an Assistant Secretary of KIM-BIG 2 JV GP, INC., a corporation organized under the laws of the State of Delaware (the "Company"), does hereby certify that the following is a true and complete copy of certain resolutions which have been adopted by the Board of Directors of the Company which were duly and lawfully adopted on January 3, 2012; such resolutions have not been amended, altered or rescinded and are in full force and effect on the date hereof: WHEREAS, the Company, is the general partner of KIM-BIG 2 JV, LP, a Delaware limited PARTNERSHIP ("KIM"), which is the sole member of PK I NORTH COUNTY GP LLC, a Delaware limited liability company ("PK"), which is the general partner of PK I NORTH COUNTY PLAZA LP, a Delaware limited partnership ("Owner"); and WHEREAS, the Owner of the shopping center commonly known as the North County Plaza Shopping Center, located in the City of Carlsbad, San Diego County, State of Califomia (the "Shopping Center") has or is about to execute a Notice of Restriction (the "Notice") for the City of Carlsbad Planning Department (the "City"); and it is hereby; RESOLVED, that in furtherance of the foregoing, the President, or any Vice President (including but not limited to Kevin Smith or William Brown), Secretary or Assistant Secretary of the Company be, and each of them hereby is authorized on behalf of the Company, in its own capacity and acting as the general partner of KIM, in its own capacity and acting as the sole member of PK, in its own capacity and acting as the general partner of Owner, to execute and deliver additional documents, instruments, agreements and writings as may, in the Company's discretion, be required in connection with the consummation of the aforesaid transaction; all and each of the foregoing to contain such additional terms and provisions as the officer executing the same shall approve; and the execution and delivery ofany of the foregoing shall be conclusive evidence that the same have been authorized by this resolution; and it is further IN WITNESS WHEREOF, the undersigned has IWeunto set his signature on January 9, 2012 Kevin J. Smith Assistant Secretak^ G:\LEGAL DEPT\BRS\Asst Secretary Certifications\142SA\AsstSec Cert.doc