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Home My WebLink AboutCUP 16-08; Christ Presbyterian Church; 2017-0193211; Joint Use AgreementRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2017-0193211 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll May01, 2017 09:12AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $45.00 PAGES: 11 Space above this line for Recorder's use Assessor's Parcel Number 255-062-25 --------~~~~~~~~ Project Number and Name CUP 16-05-JEWISH COLLABORATIVE SAN DIEGO JOINT USE PARKING AGREEMENT This Joint Use Parking Agreement ("Agreement") is entered into on 1\pri I Itt,, 2.o lt between the Christ Presbyterian Church ("CPC") and the Jewish Collaborative San Diego ("JCSD"), sometimes hereinafter referred to collectively as the "Parties" with respect to the following facts; RECITALS A WHEREAS, CPC, is the owner of that certain real property located at 7807 Centella Street, Carlsbad, California (APN: 255-062-25), shown on Exhibit "A" and more particularly described in Exhibit "B" attached hereto and incorporated by this reference (the "CPC Parcel"); and B. WHEREAS, CPC, is the owner of that certain real property located at 7807 Centella Street, Carlsbad, California (APN: 255-062-17), shown on Exhibit "A" and more particularly described in Exhibit "C" attached hereto and incorporated by this reference (the "CPC Garden Parcel"); and Rev. 2/15/2011 Assessor's Parcel Nuntler: 225-062-25 Project Nuntler and Narre: Jew ish Collaborative San Diego -CUP 16-05 C. WHEREAS, the JCSD project known as Jewish Collaborative San Diego at 7807 Centella Street (APN: 255-062-17) was approved for development by CUP 16-05 for a 3,868 square foot modular building to hold church services and associated activities; and D. WHEREAS, as part of the review of the Jewish Collaborative San Diego permits, it was determined that this church use could generate the need for up to 64 parking spaces; and E. WHEREAS, there are no parking spaces on the CPC Garden Parcel; and F. WHEREAS, JCSD has a requirement to provide 64 parking spaces; and G. WHEREAS, CPC is the owner of the parking lot located on the CPC Parcel, located to the east across Centella Street; and H. WHEREAS, the CPC Parcel is 3.56 acres with 137 parking spaces used by the Christ Presbyterian Church on the same property and access to the lot is achieved via Centella Street; and I. WHEREAS, the CPC does not use the CPC Parcel parking spaces on Saturdays; and J. WHEREAS, the CPC Parcel and the CPC Garden Parcel are within 150 feet from each other as required by the City of Carlsbad Municipal Code (Section 21.44.080) if a joint use parking agreement is to satisfy a development's onsite parking requirement, as required by Condition No. 18 of the Conditions of Approval as set forth in Planning Commission Resolution No. 7205 for CUP 16-05 on October 5, 2016; and K. WHEREAS, JCSD will lease 64 parking spaces from the CPC in the CPC Parcel to satisfy the parking requirement for the Jewish Collaborative San Diego project; and L. WHEREAS, the Agreement contained herein shall constitute covenants, the burdens and benefits of which shall run concurrently for the life of CUP 16-05 along with any extensions or amendments and bind CPC and all successive owners of the real property described in Exhibit "B." Accordingly, by their acceptance of a deed or other instruments Rev. 2/15/2011 Assessor's Parcel Nurrber: 225-062-25 Project Nurrber and Narre: Jew ish Collaborative San Diego -CUP 16-05 vesting in such owner fee title in the aforementioned parcel, the owner shall own such fee title subject to, and hereby covenants and agrees to be bound by, the covenants and obligations incumbent upon the owner of such real property as set forth herein and shall be entitled to all rights and benefits accruing to the owner of such real property hereunder; and M. WHEREAS, this Agreement is intended to satisfy Condition No. 18 of the Conditions of Approval as set forth in Planning Commission Resolution No. 7205 for CUP 16-05 on October 5. 2016. follows: N. NOW, THEREFORE, CPC and JCSD, covenant and agree to the terms as 1. Parking Spaces. At least 64 parking spaces shall be accessible, striped, and available for the church members of JCSD attending services on the CPC Garden Parcel as shown on Exhibit "A." Christ Presbyterian Church hereby grants and conveys to JCSD and to their respective successors and assigns a, non-exclusive easement for parking on those portions of the CPC Garden Parcel. Christ Presbyterian Church and their respective successors in interest shall not construct or permit the construction of any structure on the parking lot of the Christ Presbyterian Church Parcel or restripe the parking lot so as to reduce the delineated number of parking spaces if the effect of such reduction will give rise to a violation of the City of Carlsbad's minimum parking requirements applicable to the JCSD and Christ Presbyterian Church Parcel (without replacing any eliminated parking spaces with at least as many additional parking spaces as is necessary to comply with the City of Carlsbad's minimum parking requirement applicable to the Christ Presbyterian Church and Christ Presbyterian Church Parcel) nor shall Christ Presbyterian Church or their respective successors in interest restrict access to such parking spaces by members and guests of the JSCD located on the Christ Presbyterian Church Garden Parcel. 2. Access. Christ Presbyterian Church and their respective successors in interest shall not construct or permit the construction of any structure in the access aisles within the parking area of the Christ Presbyterian Church Parcel or restripe the parking area of the Christ Presbyterian Church Parcel so as to reduce access aisles pursuant to Exhibit "/\'. Any vehicular access modifications shall be required to comply with the Carlsbad Municipal Code requirement subject to the approval of the City of Carlsbad City Planner. Nor shall Christ Presbyterian Church or their respective successors restrict access to such parking spaces by members and guests of JCSD or their successor owners. 3. Enforcement. JCSD shall be primarily responsible for enforcement of this Agreement. The City of Carlsbad may also enforce this Agreement through any and all means available, including recordation of a Notice of Violation, on the Rev. 2/15/2011 Assessor's Parcel Nurrber: 225-062-25 A"oject Nurrber and Name: Jew ish Collaborative San Diego -CUP 16-05 Christ Presbyterian Church Parcel and/or Christ Presbyterian Garden Parcel property titles, and by revocation of CUP 16-05-Jewish Collaborative. 4. Covenant Running with CUP 16-05. This Agreement shall be recorded on the property title for the Christ Presbyterian Garden Parcel and Christ Presbyterian Parcel and shall constitute covenants, the burden and benefits of which shall run concurrently for the life of CUP 16-05 along with any extensions or amendments and bind current and successive owners of the buildings on the Property. 5. Modification or Termination. This Agreement shall not be modified or terminated except by written agreement approved by the City Attorney and executed by each of the Parties or upon expiration of CUP 16-05, at the time of the proposed modification or ammendment which is to be recorded in the Office of the County Recorder of San Diego County, California. 6. Recordation. This Agreement shall be recorded in the Office of the County Recorder of San Diego County, California and shall serve as notice to all future owners and tenants of the Property that their use shall be benefited and/or burdened in the manner described herein. Rev. 2/15/2011 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: F11int name and fitle ;fb/;1 I LESSEE: \4.. ~~--.)\~ Lessee's Name (Proper notarial acknovJedgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherv.ise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empotMJring 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). *For more than three olMlers, please print copies as needed. Rev. 2/15/2011 APPROVED AS TO CONTENT: CITY OF CARLSBAD DON NEU, City Planner L/-18-/7 Date Assessor's Parcel Nurrber: 225-062-25 Project Nurrber and Narre: CUP 16-05-Jew ish Collaborative APPROVED AS TO FORM: CITY OF CARLSBAD Date Rev. 2/15/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ~~?A'ccmcr-cez '')jl!iQ!:tt'SGMC,..,.,. M' 7' Mfti!*M .,,rttr •a• .,., A notaiY public or other officer completing thts certificate verif'es only tne identity of the Individual who signed the document to which this certificate is attached, and not the truthfulress. accuracy, or validity of that document. State of California ) County offfA{) 'D\eR£) ) On Ce.n rrtn de>IJ before me, ~\(Q\-e...l, ~I tJD\-0..\1-~\,( Date f.\ /',.... Here Insert Name and Title of the Officer personally appeared ~~'"'"C\0 t.,.. ~lli% <\. ~t:nu~ c oors Be (T"CW5 Name(s) of Signer(s) who 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 s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument Pface Notary Seal Above 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~~~~-~=--~~~:::;:!...-----==---- Signature of Notary Public ----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information car. deter alteration of the document or fraudulent reattachment of this form ro an Jmntended document. Title or Type of Document: l.\.D'l\.0\~oocument Date: -'C7~C.:._l ___ 7 __ Description of Attached D~~t_ t""'\ I C t l Number of Pages: {, ;f;n;(S)'()ti'Tt~ove. Uf\ Capacity(ies) Claimed by Signer(s) Signer's Name:_-----:---------. Corporate Officer -rtlels); ___ _ _______ _ Partner --L1mited · Genera; Individual : Attorney in Fact -Tn .. stee ·-Guardian or Conser:ator -· O~her· --------------- Signer is Representing:--------- Signer's Name:-------------Corpor3te Officer -Title(s}: _____ _ Part'ler -Umited -3eneral lrdividual Attorney 1n Fact Trus:ee Guardia: or Conser.;ator ··· Other: --------------- Signer .s Reoresem:ng: --------- :920' 4 f\.at,ora\ ~otal"i ~ssociat1on · wwvv NatlonaiNotart.org · ' 300-US '·OTA.i=lY ;· -300-376-6827~ lte""' 115907 - ,D i \ \ \ "' ,...... I N 1.0 0 I tJ') tJ') N z 0.. <( ' - - - - \ _____ .. ---------------------------------· ·-.. -----. ·---·-..... __ _ o~} i i i \ I \ i l-----------·------·---·------_I ! i i i i ! i I 1 i i ! i 1 1 1 1 ! i ! i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT "B" LOT 180 OF CARLSBAD TRACT NO. 73-2, (SANTA FE GLENS), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1975 EXHIBIT "C" APN: 255-062-17 LOTS 180 OF CARLSBAD TRACT NO. 73-2, (SANTA FE GLENS), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 22, 1975 .. PRESBYTERIAN February 1, 2017 To whom it may concern: This document will certify that Ann Collins is the President of the Corporation of Christ (United) Presbyterian Church of Rancho La Costa, in accordance with the action of the Session (the governing body of the church) and the Bylaws (Article VII, Section 5a). Sincer~, ' (\ ~;C gR. Bostrom '3 or 7807 Centella Street Carlsbad, California 92009 760-753-3290 www .cpclacosta.org