HomeMy WebLinkAboutPIP 90-02; McCormick Family Trust; Planned Industrial Permit (PIP) (16)Recording Requested By: 1
1 1 WHEN RECORDED RETURN TO: 1
1 Carlsbad Airport Centre, Ltd. 1
1921 Palomar Oaks Way, Suite 300 1
Carlsbad, CA 92008 1
1 Jack D. McCormick, TR 1
McCormick Family Trust 1
10071 Valley Spring Lane )
Toluca Lake, CA 91602 ) SPACE ABOVE FOR """"""""""""""""""""""""""-"" RECORDER'S USE
COVENANT REGARDING REAL PROPERTY
Carlsbad Airport Centre, a California limited partnership and Jack D. McCormick, Trustee of
the McCormick Family Trust ("OWNER" hereinafter) are the owners of the real property
described in Exhibit A which is attached hereto and made a part hereof and which is commonly
known as 1958 Kellogg Avenue in the City of Carlsbad ("PROPERTY" hereinafter). In
consideration of the approval of Planned Industrial Permit 90-2 by the City of Carlsbad (''CITY"
hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY to do the following:
1. Maintain no fewer than ninety-eight (98) parking stalls on the property to adequately
serve the parking needs of the property, based upon the following parking ratios
established by the City for the following uses:
Office: 1 stall per 250 square feet of gross floor area.
Manufacturing: 1 stall per 406 square feet of gross floor area plus one stall
for each vehicle used in conjunction with the use.
Warehouse: 1 stall per 800 square feet of gross floor area plus one stall
for each vehicle used in conjunction with the use.
In order to ensure compliance with such established parking requirements, OWNER
desires to create a covenant and restriction that will burden and run with the property and
that restricts the mix of uses so that the application of the parking ratios described above
to the gross square footage of office, manufacturing and warehouse uses within the
property will not exceed in the aggregate a need for more than ninety-eight (98) parking
stalls. r
1
The uses of the property for either office, manufacturing or warehouse shall at all
times be in such relative proportions that the application of the established parking
stall ratios described above to the gross square footages of the uses corresponding
to such parking stall ratios will not cause the aggregate parking requirements of the
property to exceed ninety-eight (98) parking stalls. Notwithstanding the foregoing,
if the parking requirements of the City become less restrictive, or if more than 98
parking stalls are established on the property, the mix of uses may be altered so
long as the parking requirements of the City are not exceeded.
2. Comply with all conditions of Planned Industrial Pennit 90-2 issued by the City of
Carlsbad. Complete details of this Planned Industrial Permit including conditions
of approval are filed in the Planning Department of the City of Carlsbad, 2075 Las
Palmas Drive, Carlsbad, California.
This covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assigns of the respective parties.
If either party is required to incur costs to enforce the provisions of this Covenant, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable
attorneys’ fees, from the other party. The CITY may assign to persons impacted by the
performance of this Covenant the right to enforce this Covenant against OWNER.
Dated:
Dated: City of Carlsbad
EXHIBIT A
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
* LOT 37 OF CARLSBAD TRACT NO. 81-46 UMT NO. 2, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
THEREOF NO. 11288, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY DATED JULY 16, 1985.
........ +...... ................. ", .. .-.... ..... W..". ..,"". ..__. 4
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
: ss.
On this a7 b~ day of D && , in the year 19 90 ,
before me, "Z1cCcLy31~~ , a notary public, personally appeared , personally known to
me/proved to me on the basig of satisfactory evidence to be the person who executed the within instrument as ,&c&
of Centre Development, the corporation therein named, and said
individual acknowledged to me that the corporation executed it on
behalf of Carlsbad Airport Associates, a California general partnership, which executed said document on behalf of Carlsbad Airport Centre, Ltd., as its general partner.
Notary Publdc for t tate of California My Commission Expir!?//b?/(?q
.
(' . .... .... ....... ........... ........... ..> .... - ... -. _.-. ".".._..""_"_."_ .-".
State of California
County of Los Angels
On December 21, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared Jack
D. McCormick, Trustee, personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
Signatur
San Diego County, California ,