Notice of Claim
Euphlotea, LLC, a California limited liability company, doing business in the County of San Diego as Ocean Works Development, located at 843 Third Street, Encinitas, CA 92024 (hereinafter, Claimant) hereby asserts its exclusive claim to develop, construct and operate permanently stationed airfields, together with all necessary and desirable access, appurtenances and uses, within the United States Exclusive Economic Zone from the northern parallel of the Southern California Bight to the Mexican border, more particularly described as:
Beginning at a point, located at the intersection of a latitude N342654.06 and the seaward boundary of the State of California (i.e., three geographic miles from the coastline of California, as defined in 43 USC Section 1301(c), into the Pacific Ocean);
Thence, continuing due west to the limit of the Exclusive Economic Zone of the United States, as defined in Presidential Proclamation Numbered 5030, dated March 10, 1983; or, the limits of the Outer Continental Shelf as defined in 43 USC 29 Section 1331(a) whichever is more westerly;
Thence, continuing South-southeasterly along the westernmost edge of the said Exclusive Economic Zone or Continental Shelf limit whichever is more westerly, to the maritime boundary with the United Mexican States;
Thence, continuing easterly along said United States boundary with the United Mexican States to the seaward boundary of the State of California;
Thence, continuing north-northwesterly along such seaward boundary of the State of California to the Beginning;
Excluding therefrom the Channel Islands, to wit: San Miguel Island, Santa Rosa Island, Santa Cruz Island, Anacapa Island, Santa Barbara Island, San Nicholas Island, Santa Catalina Island, San Clemente Island and the submerged lands appurtenant to each falling under the current jurisdiction of the State of California (the, Claimed Area).
This Claim is made in perpetuity.
Claimant intends to appropriate and divert the Claimed Area, the airspace above, the water column below and the submerged lands there under for the beneficial uses of airport(s), and all appurtenant necessary and desirable access, public works infrastructure, industrial, commercial, farming and residential uses up to and including ocean based metropolises.
To that end, Claimant asserts an administrative district for the Claimed Area as the Southern California Bight Offshore Airport Authority. This Authority shall have all the powers, rights and authority necessary and appropriate to effect the full intent of this Claim including the powers, rights and authority to establish independent municipalities.
Claimant further asserts the right to sell, lease, license, hypothecate, encumber or otherwise transfer or dispose of this Claim or any aspect thereof and the Claimed Area or any portion thereof.
This claim and appropriation shall be interpreted broadly to allow for the maximum beneficial use of federal land, water and/or air in the Claimed Area. The characterization of this Claim as an easement, right, license or other interest in the Claimed Area shall not be interpreted to limit the scope of this Claim.
However, if any portion of the Claimed Area or use, extent or term of this Claim is deemed by a court of competent jurisdiction, after final appeal, to be contrary to applicable law or regulation, then this Claim shall be restricted only to the minimum extent necessary to bring this Claim into compliance with such law or regulation, while preserving to Claimant the broadest usage in the largest area for the longest period of time.
Claimant submits to the jurisdiction and venue of the United States District Court, Southern District of California for any challenges to this Claim. All challenges to this Claim shall be filed by October 16, 2007 and timely served or shall be deemed to have been waived.
Claimant:
Euphlotea, LLC, doing business as
Ocean Works Development
By:
Adam Englund, Manager and Chief Executive Officer |