HomeMy WebLinkAboutSP 25A; BOB WATSON; Planning CommissiondUSt xuc: 5a2 Box 12sYai 3 SKP Box Nbr: SANØ 1950314 File Sep: 00003
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B I 1111111 (III 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 liii 11111 111(1 11111 liii liii * eeeeeciasss *
HARVEY LYONS
October 26, 2007
City of Carlsbad
Attn: Don Neu
1635 Faraday Ave
Carlsbad, CA 92008
Re: 3050 Pio Pico Drive, Carlsbad, CA 92008
Dear Mr. Neu,
Herewith attached is a copy of the recorded document. Please see the last page for
reference.
Please call me with any questions you may have.
4'Ofr %ot)47 2007
3252 Holiday Ct. #223 • La Jolla, CA 92037 858-452-8363/tel • 858-450-1843/fax
- Please complete this information. S
RECORDING REQUESTED BY: -
'7a.2i7- Hm&76?I,q IT 6h
AND WHEN RECORDED MAIL TO:
,4Qi'sy 1-'om
3252-
c2
.
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON OCT 26. 2007
DOCUMENT NUMBER 2007-0686366
GREGORY J. SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDERS OFFICE
TIME: 2:19 PM
Space above this line reserved for Recorder's Use Only
Govt. Code 27361.6
(Please fill in document title(s) on this line)
Govt. Code 27324
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Govt. Code 27361.6
(Additional recording fee applies)
S .
Recording Requested By:
Fidelity National Title Co
When Recorded Mail To:
Harvey Lyons
3252 Holiday Court #223
La Jolla CA 92037
SPACE ABOVE THIS LINE RESERVED FOR RECORDERS USE
Supplemental Agreement for Joint Parking and Maintenance
This Agreement is made this 30th DAY OF AUGUST 2007 between BJ Properties & Management,
LLC, a Nevada Limited Liability Company, to be held in Series C, hereinafter referred to as "BJ
Properties", the owner of Parcel A, and Harvey Lyons, as Trustee of The Lyons Revocable
Family Trust, hereinafter referred to as "Lyons Trust" the owner of Parcel B.
BJ Properties is the successor in interest to COLONIAL MALL LTD, a Limited Partnership and is the
owner of Assessors Parcel No# 156-180-45 at 1207 Carlsbad Village Dr Carlsbad CA 92008, more
fully described as Parcel A in the City of Carlsbad, County of San Diego, State of California, as shown
at Page 3204 of Parcel Maps, filed in the Office of the County Recorder of San Diego County,
November 13, 1974, and hereinafter referred to as Parcel A and having acquired its ownership
interest pursuant to a grant deed dated May 22, 2006 and recorded on June 7, 2006 as Document
No. 2006-0401590 of the official records of the County Recorder of San Diego County.
The Lyons Trust is the successor in interest to CARLSBAD INVESTMENT CORPORATION, and is
the owner of Assessors parcel No # 156-180-44-00, at 3050 Pio Pico Dr Carlsbad CA 92008 more
fully described as Parcel B of Parcel Map No. 3598, 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 28, 1975,
hereinafter referred to as Parcel B; having acquired its ownership pursuant to a grant deed dated
February 18, 2004-and recorded February 20, 2004 as Document No. 2004-0132913 of the official
records of the County Recorder of San Diego County.
BJ Properties and the Lyons Trust, as the successor owners of record of Parcel A and Parcel B as
described above, hereby agree to replace and supercede in its entirety, that certain agreement
executed on December 28, 1981 and recorded on January 13, 1982 as document # 82-008986 of the
official records of the County Recorder of San Diego County, hereinafter referred to as the 1982
Agreement, and replace it with this document.
BJ Properties and the Lyons Trust, as the successor owners of Parcel A and Parcel B hereby
supplement and further define the extent of the joint use of parking facilities over Parcel B, as granted
to Parcel A in the agreement dated May 8th 1974 and recorded on May 20th 1974 in book 1974, page
number 803 as Instrument No# 74-131027, hereinafter referred to as the "1974 Agreement" and the
parties herewith establish certain additional obligations of joint use, maintenance and repair and a
sharing of a pro-rata proportional share of the real property taxes as a joint expense.
Now therefore, the parties agree that only that portion of Parcel B, more fully described as Parcel C in
the legal description attached hereto as "Attachment 1" and incorporated herein by reference,
constitutes the parking available for nonexclusive, joint usage by the owner of Parcel A, including all
rights of access to Parcel C.
The Lyons Trust as the owner of Parcel B hereby confirms that the easement in favor of the owner of
Parcel A for the nonexclusive, joint use of all the designated parking on Parcel B, as more specifically
described as Parcel C in the "Attachment 1" includes all rights of access to Parcel C.
It is further agreed that the owner of Parcel A shall be equa-rspnsible with the owner of Parcel B
for all ongoing property taxes, maintenance and repair of th ortio f Parcel B escri as
Iti
Page
(1,7 >0 Inti
. .
Farce! C in the legal description attached hereto as "Attachment 1" and as further referenced in
Addendum "0 "as attached, which constitutes approximately 20% of the total Parcel B.
The parties herein acknowledge that the restaurants operating on Parcel B are open day and night
and as such require parking at all times and that reciprocal parking shall be, maintained pursuant to
Specific Plan 25(A) as approved by Planning Commission Resolution 1141, dated March 11, 1.975.
Paragraph 4(c) of the Agreement For Joint Parking Facilities And Grant of Reciprocal Parking
Easements, on file with the Recorder for County of San Diego, document number 74-131027, is
modified to read as follows: These mutual covenants are superior and paramount to the rights of any
of the parties in the respective servient estates so created, and the parties further agree that these
covenants shall run with both parcels of land described herein. The City of Carlsbad retains the right,
but not the obligation to seek enforcement of these covenants. Notwithstanding the prior sentence,
the padie hereto retains all rights and obligations, independent of the City of Carlsbad, to enforce
these mutual covenants.
The 1974 Agreement continues to remain in force and effect subject to the changes as specified in
this agreement.
All other agreements with the exception of the 1982- Agreement continue to remain in force and
effect.
Both parties agree that these covenants shall run with both parcels of land described herein.
See Addendum "D" as attached which references Parcel A as Lot "A" and Parcel B as Lots "B" & "C"
and which is incorporated into and as part of this agreement.
Agreed to. and executed
Lacombe
for
BJ Properties & Management, LLC a Ne Liability Company, to be held in Series C
(Parcel A)
Agreed to and executed
st (Parcel B)
[SEE NOTARY JURATS ON PAGES 3 & 41
(Page 2 of B)
STATE OF CALIF NIA
COUNTY OF
On October 8th ,2007 before me, Public in and for said State,
personally appeared HARVEY LYONS-j5ësonally known toL- proved to me on the basis of
satisfactory evidence to be the person(s hoe-,rrie(s)17ãre 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 persons(s), or the entity upon behalf of which the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
COMM. #162556 z
Notary Public . California
San Diego County
) MyComnEXPiS Nov. JTARY PUB LI,CN AND FOR SQOUNTY
AND STATE
(Page 3 of 8)
. .
STATE OF CALIFORNIA
COUNTY OF
On /4/V 7 ,O07 before me, , a Notary Public in and
for said State, pesonHy appeared J, ec_ -a_'.'cJ, personally known to met
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 persons(s), or the
entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
SYLVIA BROOKS
• COMM. #1625156 z
WlT ancLancLo1firiaI aL
Notary Public . California
San Diego County -
A. MyComm. Expires Nov. 22OO9
STATE OF CALIFORNIA
CI I MTV
_
NOTARY PUBLr- ID COUNTY STATE
On 2007 before me Notary Public in and
for said State, personally appeared 44?,t/M personally known to me/ c.:_—
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 persons(s), or the
entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
SYLVIA BROOKS
COMM. #1625156
Notary Public -California
San Diego County
Comm. Expires Nov. 29, 2009
INTY
(Page 4of8)
Attachment 1 . •. :.
Parcel C
That portion of Parcel B of Parcel Map No. 3598 lying Northeasterly of that certain
course of North 340 - 00' 00" West 274.42 feet, as shown on said map, in the City of
Carlsbad, County of San. Diego, State of California, accoding to Map rcorcled in the.
office of the County Recorder February28, 1975 as 'ile No. 75-047328, being ájortion
of Tract 115 of Carlsbad according to Amended Map of the Town of Carlsbad, Map No.
775, filedin the office of the County Recorder of San.Diego, February is; 1894.
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PLOT MAP 0F1207 CARLSBAD VILLAGE DRIVE
(COLONIAL MALL) CARLSBAD CA 92008
AND
3050 PlO PICO DR CARLSBAD CA 92008
(NOT TO SCALE. PURELY FOR PLACEMENT PURPOSES)
ENROUN ABS CURB
I 1 1 1 1 1 1 1 1 lj2J3]45J6j7J0J9JtSJlt
LOT "C"
JOINT PARKING LOT.
--WALK WAY PARKING SPACES 1 THRU 20
ARE FOR USE OF TENANTS
AND GUESTS OF BOTH LOT
8 AANOLOTB
12 t3 f l4c1sit6c17c1Bc14 I'm s I i I I I I I I
FLOWER GARENNAND C008
I Vl
ASH AREA I I I I I I
21 2223 24 2526 63 m >0
—I 62
SOUTH_>
64 27 •J 28 29 ) 35 J 31 32 33 34 35 1 36 1 37
;PUEO 6540 WATER FLOW
IIRECTION BUMP —EXIT TRAFFIC FLOW
LOT "B'
3050 PlO PICO BUILDING 5297
SO PT
çHc 65 42 41 11 0 11 39 38 '04 •- I I I I . II I I I I I m I cI •I 1 I I J I MCI..,
,66F-..,67;43J4445I48I47
b
70 >
'ii
ADDEMDUM "D"
I I, TRASH
33 32 31 30 29 28 27 20 25 i24 23 22 21 20 10
17
ENTRANCE - LOT "A"
I6
is
14
\ I 34 35 38 ,. 37 30 39 40 0 13
\ \ I I II I
u-
C, 42
\ II U. UL II
\ \ COLONIAL MALL 1207 -
\ \ CARLSBAD VILLAGE DR
.-,\ \ CARLSBAD CA 92008 so
14931SQ FT \c-
41
42
43
\ \ \ , LOT A'
\
46 4
47
48
3
2 N 49 1
LOT "B"
WALIEWAY/'ND CURB
TRAFFIC FLOW—
I KgY.PAO CONTROLLED BOOM £NTERENC6. OPENS ENTRANCE - > I AUTOMATICALLY AT IDHM CLOSES 12PM EACH DAY. .4--OWNERS OF 1207 CARLSBAD U1LLAGE DRCARLSBAD
CA 9200810865 BEEN SUPPLIED 18 MULti-USE
ACCESS CODES TO OPEN BOOM ANYTIME.
601 59 1'.1et s7 r r 55 1J 54 153 11 52 154 (58 149 ç48
11 If
FISH POND II I .. 'I I I
a
CAç1.
September 24, 2007
r
Mr. Harvey Lyons
3252 Holiday Court, #223
La Jolla, CA 92037
RE: PlO PICO PROPERTY/COLONIAL
AGREEMENT
Dear Mr. Lyons:
MALL PROPERTY PARKING
The City of Carlsbad has reviewed the latest version of the Supplemental Agreement for Joint
Parking and Maintenance (the "Agreement") dated August 20, 2007, The Agreement complies
with all changes requested by the City of Carlsbad on August 9, 2007. Therefore, the City of
Carlsbad is with this letter hereby providing written consent of approval of the proposed
Agreement, as required by the original recorded agreement (Doe # 74-131027).
Once you have recorded the Agreement, please submit a recorded copy to our offices for our
files. Once we have received the recorded copy of the Agreement, it will be forwarded to our
City Attorney and Code Enforcement offices for closure on this issue.
Should you have any questions or need any further assistance regarding this issue, please contact
Gary T. Barberio, Assistant Planning Director at (760) 602-4606.
Sincerely,
DON NEU
Planning Director
DN:GTB:bd
C: Jane Mobaldi, Assistant City Attorney
Paul Edmondson, Deputy City Attorney
Gary T. Barberio, Assistant Planning Director
Van Lynch, Senior Planner
Mr. Bruce Brown, Colonial Mall
1635 Faraday Avenue • Carlsbad, CA 92008-7314° (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
September 24, 2007
Mr. Harvey Lyons
3252 Holiday Court, #223
La Jolla, CA 92037
RE: PlO PICO PROPERTY/COLONIAL
.
Carlsbad
MALL PROPERTY PARKING
AGREEMENT
Dear Mr. Lyons:
The City of Carlsbad has reviewed the latest version of the Supplemental Agreement for Joint
Parking and Maintenance (the "Agreement") dated August 20, 2007. The Agreement complies
with all changes requested by the City of Carlsbad on August 9, 2007. Therefore, the City of
Carlsbad is with this letter hereby providing written consent of approval of the proposed
Agreement, as required by the original recorded agreement (Doc # 74-131027).
Once you have recorded the Agreement, please submit a recorded copy to our offices for our
files. Once we have received the recorded copy of the Agreement, it will be forwarded to our
City Attorney and Code Enforcement offices for closure on this issue.
Should you have any questions or need any further assistance regarding this issue, please contact
Gary T. Barberio, Assistant Planning Director at (760) 602-4606.
Sincerely,
DON NEU
Planning Director
DN:GTB:bd
C: Jane Mobaldi, Assistant City Attorney
Paul Edmondson, Deputy City Attorney
Gary T. Barberio, Assistant Planning Director
Van Lynch, Senior Planner
Mr. Bruce Brown, Colonial Mall
1635 Faraday Avenue o Carlsbad, CA 92008-7314 (760) 602-4600 a FAX (760) 602-8559 ° www.ci.carlsbad.ca.us
. From .
HARVEY L YONS
August 20, 2007
City of Carlsbad
Attn: Gary Barberio
Principal Planner
Planning Dept
1635 Faraday Ave
Carlsbad, CA 92008
Re: 3050 Pio Pico Drive and 1207 Carlsbad Village Dr, Carlsbad, CA 92008
Joint Parking and Maintenance Agreement
Mr. Barberio,
Herewith attached are copies of the updated, completed parking agreement for the
properties at 3050 Pio Pico Dr and 1207 Carlsbad Village Drive in Carlsbad
incorporating all your latest requested changes.
We have agreed to ALL these requests regarding the Joint Parking and Maintenance
Agreement, provided we receive a signed, hard copy letter from the City of Carlsbad
expressing their written consent to the new supplemental agreement, within a
reasonable amount of time (14-21 days).
When a hard copy of the City of Carlsbad's signed written consent is received, the
original fully executed Supplemental Joint Parking and Maintenance Agreement will
be sent to the City for recording, per your letter.
Once recorded, a copy will be sent to the City of Carlsbad.
Please call me with any questions you may have.
Thanking You,
L
3252 Holiday Ct. #223 • La Jolla, CA 92037' 858-452-8363/tel' 858-450-1843/fax
academyfunding@yahoo.com • www.academyfunding.com
A. JAWAD
AS TRANSPORTATION
114 WIVY ST.
SAN DIEGO, CA 92101
619-232-4461
April 17, 2007
To Whom It May Concern:
I herewith certify that I was at the property at 3050 Carlsbad Village Drive,
Carlsbad, CA 92008 and 1207 Carlsbad Village Drive, Carlsbad, CA 92008 from
7:45am until 10:45 am on the following days:
Wednesday April 11, 2007
Thursday April 12, 2007
Friday April 13, 2007
Monday April 16, 2007
Tuesday April 17, 2007.
I certify that I personally counted all the cars parked in Lots A, B, and C per the
attached map. I counted the cars every half hour from 8:00 am until 10:30 am.
See the attached spreadsheet.
Sincerely,
AA. Jawad
JURAT
State of California
County of_________________
Subscribed and sworn to (or affirmed) before me on
this day of 7 20 27,
by ,47,
personally known to me or proved to me on the basis of satisfactory
evidence to be the person(s) who appeared before me.
'LVIA ois 1
COMM. #1625156 z
Notary Public . California
z San Diego County L MyC0mntpu1 Nov.
(seal) Snat
.
. k (~l il,
.
PARKING SURVEY FOR 3050 PlO PICO BLVD & 1207 CARLSBAD VILLAGE DR CARLSBAD CA 92008
DATED 4111/07 TO 4117107 EXCLUDING SATURDAY & SUNDAY
LOT A 49 SPACES TOP LOT 8AM 8.30AM 9AM 9.30AM 10AM 10.30AM
WEDNESDAY 4/11/2007 15 17 26 28 30 39
THURSDAY 4/12/2007 16 30 34 37 34 36
FRIDAY 4/13/2007 6 17 21 20 27 23
MONDAY 4/16/2007 11 25 32 41 42 40
TUESDAY 4/17/2007 22 31 33 40 41 40
1207 CARLSBAD VIL DR TOTAL USED 70 120 146 166 174 178
5 DAY AVERAGE 14 24 29.2 33.2 34.8 35.6
TOTALVACANTSPACE AVERAGE 35 25 19.8 15.8 14.2 13.4
LOT B 20 SPACES BOTTOM LOT 8AM 8.30AM 9AM 9.30AM lOAM 10.30AM
WEDNESDAY 4/11/2007 0 4 7 7 8 8
THURSDAY 4/12/2007 5 7 7 7 8 8
FRIDAY 4/13/2007 0 1 2 2 3 4
MONDAY 4116/2007 1 3 3 3 3 4
TUESDAY 4117/2007 1 3 3 5 7 7
3050 PlO PICO TOTAL USED 7 18 22 24 29 31
5 DAY AVERAGE 1.4 3 4.4 4.8 5
TOTAL VACANT SPACE AVERAGE 18.6 16.4 15.6 15.2 14.2 13.8
LOT C 47 SPACES MIDDLE LOT 8AM 8.30AM 9AM 9.30AM lOAM 10.30AM
WEDNESDAY 4/11/2007 0 0 0 1 0 2
THURSDAY 4/12/2007 0 0 0 0 2 3
FRIDAY 4/13/2007 0 0 0 0 0 4
MONDAY 4/16/2007 1 0 0 0 1 1
TUESDAY 4/1712007 0 0 0 1 1 1
3050 PlO PICO TOTAL USED .1 Z ii
5 DAY AVERAGE 0.2 Q 2 PA
TOTAL VACANT SPACE AVERAGE 48.8 49 49 48.6 48.2 46.8
SURVEY TAKEN BY: JAY JAWAD OF 114 WEST IVY ST SAN DIEGO CA 92101
• .
From
Harvey Lyons
3252 Holiday Court #223
La Jolla CA 92037
To
CITY OF CARLSBAD
Planning Dept Ale
1635 Faraday Ave
Carlsbad CA 92008.
5/1/07
Attention Mr: Gary T. Barberio.
Further to our meeting held at the offices of the City of Carlsbad 1635 Faraday Ave
Carlsbad CA 92008 on 4/4/07 at 2PM with the following persons in attendance:
Mr.Van. W. Lynch, City of Carlsbad Senior Planner
Mr.Gary T. Barberio. AICP. Principle Planner
Mr. Paul Edmonson, Deputy City Attorney, Carlsbad
Mr. Don New Carlsbad Planning Director
Mr Jay Stoffel Attorney
Mr. Bruce Brown for "BJ Properties", co-owner of 1207 Carlsbad Village Drive
Carlsbad 92008
Mr. Ken Follis. Advisor to Mr. Brown
Mr. Harvey Lyons for the "Lyons Revocable Trust" Owner of 3050 Pio Pico Dr
Carlsbad CA 92008
Dear Sir:
In order to clear up a number of concerns the City of Carlsbad has concerning their
co-signing of the "Supplemental Agreement for Joint Parking and Maintenance"
(Copy as attached and marked as "Al" and hereinafter referred to as the
Agreement) dated I 1th Day of January 2007 and signed by ourselves "Harvey
Lyons as Trustees of the Lyons Revocable Trust", owners of the property at
3050 Pio Pico Ave Carlsbad which currently houses two restaurants (hereinafter
referred to as the "Plo Pico Property") and Mr. L Bruce Brown and Mrs. Jan M.
Lancombe for BJ Properties & Management, LLC, owners of the adjoining office
building at 1207 Carlsbad Village Drive Carlsbad 92008, hereinafter referred to as
the "Colonial Mall Property", we advise as follows:
• Originally both properties were owned by a Mr. Watson, who we believe first
built the Plo Pico Property.
• He then built the Colonial Mall Property and on May 8th 1974 signed and
recorded a joint parking agreement (Copy attached and marked as "BI ")
• between the Plo Pico Property and the Colonial Mall Property, whereby
each property had joint use of a number of the adjoining property's parking
spaces. We believe this was done to satisfy the City's parking requirements
1 •
S
at the time. Per the agreement the Plo Pico Property owners would be liable
for all maintenance and repair to the joint use Pio Pico Property.
• The City was a co-signee to this document.
• On January 13th 1982 the owners of Plo Pico Property and the Colonial
Mall Property signed and recorded a updated agreement (Copy attached
and marked as "CI") modifying the terms of the 1974 agreement. The City
was not a party to this agreement.
• The above agreements specify that the Plo Pico Property has a primarily
evening use. This is correct however it does not take away the fact that the
Pio Pico Property also has a substantial day use, especially at lunchtime.
The owners of the Pio Pico Property and the Colonial Mall Property have agreed
on and signed this new updated "Supplemental Agreement for Joint Parking and
Maintenance" dated li t Day of January (The "Agreement" per "Al" attached).
This document was prepared by and agreed upon, after a number of drafts, by
Attorney "MrJay Stoffel" and the Deputy Carlsbad City Attorney "Mr. Paul
Edmonson" This document is only waiting for the City to sign off that they do not
object to the updates in this agreement.
The City advised us at the meeting held 4/4/07 that it had 3 issues they wished to
satisfy before signing off on this agreement.
I believe they are adequately will addressed hereunder.
1. The City required adequate parking for the Plo Pico Property.
2. The City required adequate parking for the Colonial Mall Property.
3. The City required access in and out of the Colonial Mall Property..
1. Pio Pico Property Parking
• The Pio Pico Property currently houses 2 x restaurants (Nozomi and
Lotus Thai)
• The property has 5,297sq feet of building and 67 parking spaces (See
attached appraisal undertaken by "Mr. Fred Zahedi" Mar 2007 and the
County records as attached marked "Dl &D2"
• The County and City ordinances for a restaurant building of this size, type
and location require:
I x parking space for each 1 00s ft of building up to 4,000sq ft and
2 x parking spaces per I OOsq ft thereafter.
• The requirements for the 5,297sqft Plo Pico Property are therefore: 40
spaces for the first 4,000sq ft and 26 spaces for the balance.
• Total required parking spaces are 66
• The Plo Pico Property has a total of 67 on-site parking places and is
therefore fully in compliance.
2
. .
2. Colonial Mall Property Parking.
The owners Colonial Mall Property advise us that according to their
measurements their is a total of 14,931 sq ft of building on the property even
though public records show 15,142sq ft (See County records as attached
marked "El")
• The County and City ordinances in a building of this size, type and location
requires I x parking space for each 200sq ft of medical space and I x
parking spaces per 250 sq ft of office etc space.
• The Owners advise that the Colonial Mall Property has 8,866sq ft of total
medical space with a requirement of 44.33 parking places plus 6,065 sq ft
of office, toilets, passages and general space requiring 24.26 parking
spaces.
• The total parking requirement for Colonial Mall Property is therefore 69
spaces.
• The Colonial Mall Property has a total of 49 on site parking places and is
therefore short of 20 of its own parking spaces. The Colonial Mall
Property has joint usage of 20 spaces in adjoining lot "C"
The Supplemental Agreement for Joint Parking and Maintenance" dated
I 1th Day of January 2007 and signed by the owners of Pio Pico Property
and the Colonial Mall Property, states that the tenants and guests of the
Colonial Mall Property has joint use of up to 20 of the parking spaces
available in the top East side, parking lot marked as "Property B" and owned
by the Pio Pico Pro perty.(See attached Map marked as "Fl ") This gives the
Colonial Mall Property, sufficient total parking spaces to be in compliance.
It also allows sufficient parking spaces to still be available for the lunchtime
trade of the restaurants at the Plo Pico Property. The usage in the evenings
of the parking spaces at Colonial Mall Property by the visitors to the
restaurants at the Pio Pico Property, still applies if required,. per the original
document.
3. Access in and out of the two properties.
Access in and out of the Colonial Mall Property, is unrestricted.
Access in and out of the Plo Pico Property is controlled by one way arrows
allowing access to the property via the lower West entrance and egress out of the
property via the upper East exit. You cannot enter through the exit as there is a
large illuminated sign showing it as a exit and one way tire spikes.
The entrance on the West side has .a boom that opens to the general public at
lOam and closes at 12 midnight. The owners and tenants of both properties have
sufficient key codes to open this entrance boom anytime and allow parking in the
lots before lOam. There is a fire and emergency vehicle key easily accessible at the
side of boom.
The entry boom, the one way arrows and the exit sign and spikes were installed for
the following reasons:
3 .
.
1) There were a number of near serious accidents at the Plo Pico
Property with visitors traveling both ways in a narrow parking lot and
pedestrians walking in the lot (Especially at lunch and dinner time).
2) Cars and Trucks were using the parking lot as a night-time stopover.
3) The carrier services were using the parking lot as a midway point to
swap all their parcels in the early morning.
4) The company that regularly sweeps the lot in the early morning was
unable to do so because of the unauthorized vehicles in the lot.
5) The tenants of the Colonial Mall Property were parking most of their
vehicles in the lower Plo Pico Property before I Oam each weekday
leaving the Colonial Mall Property empty. This almost filled up the
Plo Pico Property before I Oam allowing no spaces for the
restaurants lunch time trade.
Since installing the controlled access in July 06 at the Pio Pico Property, parking
issues for both properties has considerably improved.
Attached are the findings of a survey we had undertaken for the 5 weekdays from
Wed April 11th to Tues April 17th from 8am to 10.30am at 30 minute intervals. See
survey results attached marked as "GI".
The Survey shows the following averages over the 5 weekdays:
Parking at Colonial Mall Property "A" with 49 total available spaces
Cars parked at 8am 14. Total Spaces still available 35
Cars parked at 8.30am 24. Total Spaces still available 25
Cars parked at 9am 29.2 Total Spaces still available 19.8
Cars parked at 9.30am 33.2. Total Spaces still available 15.8
Cars parked at 10am 34.8. Total Spaces still available 14.2
Cars parked at 10.30am 35.6. Total Spaces still available 13.3
Parking at top East lot "B" of Pio Pico Property with 20 total spaces
Cars parked at 8am 1.4. Total Spaces still available 18.6
Cars parked at 8.30am 3.6. Total Spaces still available 16.4
Cars parked at 9am 4.4. Total Spaces still available 15.6
Cars parked at 9.30am 4.8. Total Spaces still available 15.2
Cars parked at 10am 5.8. Total Spaces still available 14.2
Cars parked at 10.30am 6.2. Total Spaces still available 13.8
Parking at lower West lot" C" of Plo Pico Property with 47 total spaces
Cars parked at 8am 0.2.Total Spaces still available 46.8
Cars parked at 8.30am 0. Total Spaces still available 47
Cars parked at 9am 0. Total Spaces still available 47
Cars parked at 9.30am 0.4Total Spaces still available 47.6
Cars parked at 10am 0.8. Total Spaces still available 47.2
Cars parked at 10.30am 2.2. Total Spaces still available 44.8
IN
. I
The control boom at the Plo Pico Property is lifted at I Oam with un-controlled
access each day thereafter.
As can be seen the parking arrangement is working very well for both properties
with spaces available at all times up to 10 am each weekday when the boom lifts.
It would seem that all the issues have now been adequately addressed.
Please co-sign the Agreement "Al" and return it to me ASAP in order that we may
have it recorded.
If however there are any other issues you wish to discuss, please advise me
Than ing You
Harvey ns
cc. Mr.Van W Lynch, Mr .Paul Edmonson, Mr. Jay Stoffel, Mr. Bruce Brown,
Mr. Ken Follis. Mr Don New
NOTE:
In the original Planning Commission Resolution No 1141 (Copy attached and
marked as "HI") regarding the rezoning of the property marked as "C" (The middle
parking lot per our map "Fl") as attached, paragraph 4 on page 2 reads as follows
"The applicant shall file a reciprocal parking agreement with the City concerning
joint use of the additional parking areas between the subject property and the
project approved by Specific Plan 123"
It refers to the middle lot only having joint use and it was approved 3/11/1975.
Which is 11 months after the City actually signed the request.
5
I I
FLOORPLAN
... I
FLOORPLAN
Borrower: File No.: 073050
Property Address:3050 plo pico DRIVE Case No.:
City: CARLSBAD State: CA Zip: 92008
Lender:
CIA BAR z
LEVEL 2
Wof
Sketch by Apex IV Windows"
........... .: File No.: 073058
Case No.: : _
ftOORPLAN
Borrower: -.
Property Address:2o50 J'Io PICO DRIVE
Cit': CARLSBAD . . . . State: CA •. Lip: 92008
Lender:
92.0
LC 20 PARKING SPACES
102.0
o.
S PARKING SPACES
131.0
0 Cd c)
- 39 PARKING SPACES
TOTAL 67 PARKING SPACES cc
102.0'
Sketch by Apex lVWindows
Alok . ,rr-r r,rrloOTV OWOTfl i1IJflh1M
Borrower: -- V File No.: 073050
Property Address: 3050 rICO Dmv Case No.:
State: CA Zip: 92808
City: CARLSBAD
Lender:
FRONT VIEW OF
SUBJECT PROPERTY
Appraised Date:
Appraised Value: $
REAR VIEW OF
SUBJECT PROPERTY
STREET SCENE
Borrower: File No.: 073050
Property Address: 3050 PlO rico DRIVE Case No.:
City: CARLSBAD State: CA Zip: 92008
Lender: