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HomeMy WebLinkAbout2013-06-18; City Council; 21266; Vacate Drainage Easements Map No. 17971 PR 11-27CITY OF CARLSBAD - AGENDA BILL AB# MTG. 06/18/13 21,266 DEPT. CED SUMMARILY VACATE DRAINAGE EASEMENTS OVER PORTIONS OF PARCEL 1 AND 3 OF PARCEL MAP NO. 17971, PR 11-27 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolufion No. 2013-151 and Resolufion No. 2013-152 to summarily vacate drainage easements over portions of Parcels 1 and 3 of Parcel Map No. 17971, PR 11-27, generally located north of Faraday Avenue, west of College Boulevard. ITEM EXPLANATION: Both property owners have requested the city vacate certain drainage easements dedicated per Parcel Map No. 17971. The GC Net Lease (Carlsbad) Investor, LLC, owns Parcel 1 of Parcel Map No. 17971. Life Technologies Corporafion owns Parcel 3 of Parcel Map No. 17971. This request is made in conjunction with a street vacafion STV 11-01 to vacate Van Allen Way, north of Faraday Avenue. As this portion of Van Allen Way becomes private, the storm drains that serve this street become privately owned and maintained. Therefore, these drainage easements will no longer be required by the city. Background: Said drainage easement was originally dedicated to allow construcfion and maintenance of public storm drains shown on drawing DWG 358-4, to serve the development known as The Carlsbad Spectrum project (MS 97-04). In June 2011, the city planner condifionally-approved a non-residenfial Planned Unit Development application PUD 09-02(B). As part of the request to vacate Van Allen Way, the Developer is also conditioned to vacate the existing storm drain easements that serve Van Allen Way. In accordance with the condifions of approval, the Developer has submitted a maintenance agreement to address maintenance of the exisfing storm drains located on both properties. The maintenance agreement is attached as Exhibit 3. Secfion 8306 of the State of California Streets and Highways Code defines drainage easements as public service easements. The California Streets and Highways Code also provides that a public service easement may be summarily vacated based upon certain requirements. As the storm drains are private, staff has concluded that the drainage easement is not required for present or future use, nor would the vacation affect existing ufility service. The vacafion is considered minor and is consistent with local and state requirements for abandonment. DEPARTMENT CONTACT: Jeremy Riddle, 760-602-2737, ieremv.riddle(5),carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X • • • • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • Page 2 City departments have been notified of the proposed drainage easement vacation. No objections have been received. Therefore, city staff recommends the drainage easements be vacated. ENVIRONMENTAL IMPACT: The proposed easement vacafion does not qualify as a "project" under the California Environmental Quality Act (CEQA) per Public Resources Code Secfion 21065 and State CEQA Guidelines Secfion 15378 in that it has no potenfial to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. FISCAL IMPACT: The easement was granted to the city for a no fee cost acquisition and the city will vacate the easement for a no fee cost return to the property owner. The owner has paid the standard fee for processing this vacafion. Approval of this vacafion will result in a nominal cost savings as the storm drain maintenance serving Van Allen Way is transferred to the property owners. EXHIBITS: 1. Resolufion No. 2013-151 to summarily vacate a drainage easement over portion of parcel 1 of Parcel Map No. 17971, PR 11-27. 2. Resolufion No. 2013-152 to summarily vacate a drainage easement over portion of parcel 3 of Parcel Map No. 17971, PR 11-27. 3. Locafion Map. 4. Private Maintenance Agreement. DEPARTMENT CONTACT: Jeremy Riddle, 760-602-2737, ieremv.riddle@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • EXHIBIT 1 14 15 16 17 18 23 24 25 26 27 28 RESOLUTION NO. 2013-151 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A DRAINAGE EASEMENT OVER A PORTION OF PARCEL 1 4 OF PARCEL MAP NO. 17971, GENERALLY LOCATED NORTH OF FARADAY AVENUE, WEST OF COLLEGE 5 BOULEVARD. PR 11-27 WHEREAS, the property owner, The GC Net Lease (Carlsbad) Investor, LLC, has requested the vacafion of a drainage easement dedicated per Parcel Map No. 17971; and WHEREAS, in June 2011, the city approved PUD 09-02(B) which includes the request to 9 vacate Van Allen Way to make it a private street and vacate the existing associated storm drain 10 easements; and 11 WHEREAS, said drainage easement vacation request is made in conjunction with street 12 vacafion STV 11-01, Life Technologies' request to vacate Van Allen Way, north of Faraday ^2 Avenue. As this portion of Van Allen Way becomes private, the storm drains that serve this street will become privately owned and maintained; and WHEREAS, said drainage easement is defined as a "public service easement" per Secfion 8306 ofthe California Streets and Highways Code; and WHEREAS, the property owner has executed a maintenance agreement, per PUD 09- 02(b), addressing the maintenance of the storm drains within this easement that will record against the property; and WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and 20 Highways Code; and 21 WHEREAS, the vacafion is consistent with the General Plan of the City of Carlsbad; and 22 /// /// /// /// /// /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the facilities located in said easement will be privately maintained as provided for in the private maintenance agreement per PUD 09-02(B). 3. That, subject to the vacafion of Van Allen Way, STV 11-01, the drainage easement attached hereon is not required for present or future use and is considered to be excess, therefore it is determined to be in the public interest to vacate said drainage easement. 4. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, the drainage easement over a portion of parcel 1 of Parcel Map No. 17971, recorded on December 24, 1997 as File No. 1997-0656621 more particularly described in Exhibit "A" and shown for the sake of clarity in Exhibit "B" is summarily vacated. 5. That the City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 6. That upon recordation of this resolution at the County Recorder's Office, the vacated easement no longer constitutes a public service easement. /// /// /// /// /// /// /// /// /// /// 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meefing ofthe City Council ofthe City of Carlsbad on the 18*^ day of June, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. ATTEST: BARBARA ENGLESON, City Clerk ••IK?..'* EXHIBIT "A" LEGAL DESCRIPTION PRAINA6E EASEMENT VACATION PR 11-27 llll "i"^ drainage easement as dedicated in Parcel 1 of Pa eel Map 19 1 in the City of Carlsbad. County of San Diego. State of California filed in the Office of the County Recorder of said San Diego County on December 24. 1997 as File No. 1997-0656621. of Official Records, the centeriine of which is described as follows: COMMENCING at the corner common to Parcel A of Certificate of Compliance recorde on October 27, 1998 as Doc. 1998-0696720. of Official Record 1^'H K °^ "^'^ Ri9ht-of-Way being a curve concave Westerly and having a radius of 60.00 feet, a radial line of said curve to said point bears North 63°25'17" East; thence along said Right-of-Wav Northwesterly 16.56 feet through a central angle of 15M8'43" to the TRUE POINT OF BEGINNING, thence leaving said Right-of-Way North 35 50'53" East 607.77 feet; thence North 88°25'37" East 104 37 feet- thence South 80=42'27" East 157.70 feet to the Westerly Right of Wai Jh^Pom ipl^Ss"-' " °" '''' '''''' ^-"^ ^-"3 CONTAINING 0.399 Acres, More or Less SUBJECT TO an Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. This description was prepared by me or under my direction. Ernest G. Wade, LS 6052 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN 25-104481 August 31, 2011 Page 1 of 1 PARCEL 2 APN 212-130-45 PARCEL V\— EXHIBIT 'B' PR 11-27 MAP 17971 PARCEL 1 APN 212-130-44 T,P.O,B. N88'25'37"E TO BE VACATED PER STV11-01 N63-25'17"E (R) ^A=15'48'43 R=60.00' L=16.56' PARCEL A CERTIFICATE OF COMPLIANCE DOC. #1998-0696720 APN 212-130-49 OOLLE^ ^ BOULEVARD BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971 I.E. N54*09'07-W. REFERENCE DRAWINGS PM 17971 LEGEND INDICATES DRAINAGE EASEMENT VACATED. AREA = 0.399 AC. P.O.C. INDICATES POINT OF COMMENCING TP.O.B. INDICATES TRUE POINT OF BEGINNING P.O.T. INDICATES POINT OF TERMINUS (R) INDICATES RADIAL PROJECT: PUD 09-02(B) PREPARED BY: PLANNING • DESIGN • CONSTRUCTION KtSr • _ _ 9755 CLAIREMONT MESA BOULEVARD, SUITE 100 SAN DEGO, CAUFORMA 92124-1324 C • N S U LTI N • 858.614.5000 . FAX 858.6145001 • wwwflBF.com REQUESTED BY: technologies" DWG. PR 11-27 A.P.N. 212-130-44 DATE 8/23/11 EXHIBIT 'B' H:\PDATA\25104481\CADD\MAPPING\EXHIBITS\4481-EXH02-VACA.DWG GLINDQUIST 8/23/2011 9:30 EXHIBIT 2 1 RESOLUTION NO. 2013-152 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SUMMARILY VACATE A 3 DRAINAGE EASEMENT OVER A PORTION OF PARCEL 3 OF PARCEL MAP NO. 17971, GENERALLY LOCATED 4 NORTH OF FARADAY AVENUE, WEST OF COLLEGE BOULEVARD. PR 11-27 5 " 6 WHEREAS, the property owner, Life Technologies Corporation, has requested the vacation of a drainage easement dedicated per Parcel Map No. 17971; and WHEREAS, in June 2011, the city approved PUD 09-02(B) which includes the request to vacate Van Allen Way to make it a private street and vacate the existing associated storm drain easements; and WHEREAS, said drainage easement vacation request is made in conjunction with street vacation STV 11-01, Life Technologies' request to vacate Van Allen Way, north of Faraday Avenue. As this portion of Van Allen Way becomes private, the storm drains that serve this street will become privately owned and maintained; and 14 WHEREAS, said drainage easement is defined as a "public service easements" per 15 Section 8306 of the California Streets and Highways Code; and 16 WHEREAS, the property owner has executed a maintenance agreement, per PUD 09- -|y 02(b) addressing the maintenance of the storm drains within this easement that will record against the properties; and WHEREAS, this vacation is made pursuant to Section 8335 of the California Streets and Highways Code; and WHEREAS, the vacation is consistent with the General Plan of the City of Carlsbad; and /// /// /// 7 8 9 10 11 12 18 19 20 21 22 23 24 /// 25 /// 26 /// 27 28 /// 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. ^ 2. That the facilities located in said easement will be privately maintained as ^ provided for in the private maintenance agreement per PUD 09-02(B). 3. That the drainage easement attached hereon is not required for present or future ^ use and is considered to be excess, therefore it is determined to be in the public interest to vacate ^ said drainage easement. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code, the drainage easement over a portion of parcel 3 of Parcel Map No. 17971, recorded on December 24, 1997 as File No. 1997-0656621 more particularly described in Exhibit "A" and shown for the sake of clarity in Exhibit "B" is summarily vacated. 5. That the City Clerk is directed to record this resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. 6. That upon recordation of this resolution at the County Recorder's Office, the vacated easement no longer constitutes a public service easement. /// /// /// /// /// /// /// /// /// /// PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 18*^ day of June, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk N^V^:. -sCLv EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT VACATION PR 11-27 That certain drainage easement as dedicated in Parcel 3 of Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, being described as follows: BEGINNING at the Southwesterly terminus of that certain course shown as having a bearing and distance of "N 36°31'58" E 55.85'," on the Southeasterly Right-of-Way of Van Allen Way, and the Northwesterly line of Parcel 3 of said map, now a portion of Parcel A of Certificate of Compliance recorded on October 27, 1998 as Doc. 1998-0696720, of Official Records; thence along said line North 36°31'58" East 7.21 feet; thence leaving said line South 15°04'46" East 49.48 feet to a point on the Southerly line of said Parcel A and the Northerly Right-of-Way of Faraday Avenue as shown on said map, said point being the beginning of a non-tangent curve concave Southerly and having a radius of 1242.00 feet, a radial bearing of said curve to said point bears Nortb 30°21'22" East; thence along said curve Westerly 10.94 feet through a central angle of 00°30'17" to the beginning of a tangent curve concave Northeasterly and having a radius of 25.00 feet, a radial bearing of said curve to said point bears South 29''5r05" West; thence along said curve and the Southerly and Westerly lines of said Parcel A Northerly 42.18 feet through a central angle of 96°40'47" to the POINT OF BEGINNING. CONTAINING 509 Sq. Ft., More or Less SUBJECT TO all Covenants, Rights. Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. This description was prepared by me or under my direction. Ernest G. Wade, LS 6052 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN 25-104481 August 23, 2011 Page 1 of 1 PARCEL 2 APN 212-130-45 PARCEL EXHIBIT 'B' PR 11-27 MAP 17971 PARCEL 1 APN 212-130-44 TO BE VACATED PER STV11-01 A=96-40'47" R=25.00' L=42.18' S_29:51'05';W_{R^ A=00'30'17 R=1242.00' 1=10.94' P.O.B, \ N36-31'58"E 55.85'^- ^'VN36'31*58"E RA^Tc; OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971, I.E. N54*09'07''W. RFFFRENCE DRAWINGS PM 17971 LEGEND INDICATES DRAINAGE EASEMENT VACATED. AREA = 509 SQ. FT. INDICATES POINT OF BEGINNING INDICATES RADIAL PREPARED BY: PROJECT: PUD 09-02(B) REQUESTED BY: PLANNING • DESIGN • CONSTRUCTION • • GDNSULTING 9755 CXAIREMONT MESA BOULEVARD, SUtTE 100 SAN DIEGO, CAUFORNW 92124-1324 858.6145000 • FAX 858.614.5001 • wwwi«F.com technoloQies EXHIBIT 'B' H:\PDATA\25104481\CADD\MAPPING\EXHIBITS\4481-EXH03-VACA.DWG GLINDQUIST 8/23/2011 9:38 ,^ DWG. PR 11-27 A . P.N. 212-130-49 HATE 8/23/11 LOCATION MAP EXHIBIT 3 NOT TO SCALE VICINITY MAP PROJECT NAME LIFE TECHNOLOGIES DRAINAGE EASEMENT VACATION PROJECT NUMBER PR11-27 EXHIBIT 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, Califomia 92008-1989 EXHIBIT 4 Space above this line for Recorder's use Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies SECOND AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS and EASEMENT AGREEMENT This Second Amended and Restated Reciprocal Parking, Access and Easement Agreement ("AGREEMENT") is entered into as of September 25, 2012 by (i) MARARISK CARLSBAD, LLC, a Delaware limited liability company ("Mararisk"), (ii) THE GC NET LEASE (CARLSBAD) INVESTORS, LLC, a Delaware limited liability company ("GC Net"), and (iii) LIFE TECHNOLOGIES CORPORATION, a Delaware corporation (formerly known as Invitrogen Corporation) ("LIFE"). Mararisk, GCNet and LIFE are sometimes collectively hereinafter referred to individually as an "Owner" and collectively as the "Owners." Upon any assignment of this AGREEMENT by Mararisk, GCNet and/or LIFE as permitted by this AGREEMENT, such assignee shall be deemed individually as an Owner hereunder and collectively as one of the Owners hereunder. RECITALS A. Owners are the fee owners of real property in the City of Carlsbad ("City"), County of San Diego, State of Califomia, more particularly described in Exhibit A attached hereto and incorporated by this reference. B. Mararisk is the fee owner of that certain real property located at 5791 Van Allen Way, Carlsbad, Califomia, and more particularly described on Exhibit B attached hereto (the "Mararisk Parcel"). LIFE leases the Mararisk Parcel pursuant to that certain Standard Industrial Lease dated November 9, 2007, as amended (the "Mararisk Parcel Lease"). C. GC Net is the fee owner of that certain real property located at 5781 Van Allen Way, Carlsbad, Califomia, and more particularly described on Exhibit C attached hereto (the "GC Net Parcel"). GC Net is the successor in interest to a co-tenancy ownership group by virtue of GC Net's acquisition ofthe GC Net Parcel by grant deed recorded on or about May 13, 2011. LIFE leases the GC Net Parcel pursuant to a certain Lease Agreement dated Febmary 8, 2006, as amended (the "GC Net Parcel Lease"). D. Life is the fee owner of that certain real property located at 5792 Van Allen Way, Carlsbad, Califomia, and more particularly described on Exhibit D attached hereto (the "LIFE Parcel"). WEST\223091116.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD O9-O20B) - Life Technologies E. The GCNet Parcel, the Mararisk Parcel and the Life Parcel are sometimes hereinafter referred to collectively as the "Parcels." F. The Parcels, as presently improved, are depicted on the site map attached hereto as Exhibit E (the "Site Map"). The GC Net Parcel is improved with a single building (identified as the "GC Net Building") containing approximately 339,399 square feet. G. The Mararisk Parcel is improved with a single building (identified as the "Mararisk Building") containing approximately 81,059 square feet. H. The LIFE P.arcel is not yet improved with any building improvements, but it does have parking lot improyements covering a portion of it. I. LIFE uses the existing buildings for a variety of commercial uses including office and support, bio-industrial research and development, manufacturing, warehouse and distribution, all of which comply with the Carlsbad Research Center Specific Plan, SP-180F, C-M (Heavy Commercial) Zone regulations, and the PI (Planned Industrial) General Plan Land Use designation. J, In 2009, the City approved the planned development of the Parcels pursuant to the temis and conditions of that certain Non-Residential Planned Development Approval letter (PUD 09-02) dated May 4,2009 (the "Planned Development Approval Letter"). K. A certain Reciprocal Parking, Access and Easement Agreement, satisfying Condition Nos. 20 and 33 of the Conditions of Approval set forth in the Planned Development Approval Letter was recorded in the San Diego County real estate records against the Parcels on January 21, 2010 as Document No. 2010-0029857 (the "Reciprocal Parking, Access and Easement Agreement). L. After the recording of the Reciprocal Parking, Access and Easement Agreement, LIFE obtained approval from the City to constmct on the LIFE Parcel (i) an amenity building consisting of approximately 70,500 square feet (which has not been constmcted as ofthe date of this Agreement) and (ii) additional parking spaces on the LIFE Parcel as contemplated by that certain Non-Residential Planned Development Permit Amendment Approval letter [PUD 09-02(A)] dated January 26, 2010 (the "PUD 09-02rA) Approval Letter") and subsequent Consistency Determination, CD 10-04. M. A certain Amended and Restated Reciprocal Parking, Access, and Easement Agreement, satisfying Condition No. 17, 23, and 36 of the PUD 09-02(A) Approval Letter, was recorded in the San Diego County real estate records on September 21, 2010 as Document No. 2010-0499652 (the "Restated Reciprocal Parking, Access and Easement Agreement"). N. After LIFE completes the constmction of the amenity building and related parking improvements, the combined number of parking spaces for the parcels is required to comply with the City of Carlsbad's minimum parking requirements (reflecting the benefit ofthe 15% reduction allowed per the PUD 09-02(A) Approval Letter) applicable to the Parcels pursuant to the Carlsbad Research Center Specific Plan, SP-180F and CMC Chapter 21.44. WEST\223091116.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies 0. The Parcels are located adjacent to each other and access to the lots is achieved via Van Allen Way. P. It is the intent and desire of the Owners to convert Van Allen Way from a public street to a private street by seeking a public street vacation. Q. The City's willingness to vacate Van Allen Way is conditioned upon, among other things, an amendment to PUD 09-02(A) as contemplated by that certain Non-Residential Planned Development Permit Amendment Approval letter [PUD 09-02(B)] dated June 30, 2011 (the "PUD 09-02(B) Approval Letter") R. As a condition to the City's approval ofthe PUD 09-02(B), the City is requiring certain amendments to the Restated Reciprocal Parking, Access and Easement Agreement. S. This Agreement is intended to satisfy Conditions No. 12, 13, 15 and 20 of the PUD 09-02(B) Approval Letter by amending and restating the Restated Reciprocal Parking, Access and Easement Agreement. NOW, THEREFORE, the Owners covenant and agree to the terms as follows: 1. Reciprocal Vehicular and Pedestrian Easements. 1.1 Mararisk Parcel. Mararisk hereby grants and conveys to GCNet and LIFE and to their respective successors and assigns, and GC Net and LIFE hereby accept from Mararisk, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the GC Net Parcel and LIFE Parcel upon, over and across those portions of the Mararisk Parcel improved for the passage of vehicles and pedestrians, as shown on the Site Map, such that ingress and egress between the GC Net Parcel and LIFE Parcel and Main Entrance Driveway, Van Allen Way (private road) (as depicted and defined in the Site Map) shall be provided over the Mararisk Parcel, for.the benefit of GCNet and LIFE and their present and future owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of the GC Net and LIFE Parcels. This easement for vehicular and pedestrian access includes, without limitation, an easement for ingress and egress upon, over and across the Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Site Map and Exhibit N attached hereto), the Truck Driveway Connector (as depicted and defined in the Site Map) and any other future driveway and sidewalk connectors for the purpose of vehicular and pedestrian ingress and egress to and from the GC Net Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway Faraday Avenue. 1.2 GC Net Parcel. GC Net hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from GC Net, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the Mararisk Parcel and LIFE Parcel upon, over and across those portions of the GC Net Parcel improved for the passage of vehicles and pedestrians, as shown on the Site Map, such that ingress and egress between the Mararisk Parcel and LIFE Parcel and Main Entrance Driveway, Van Allen Way (private road) shall be provided over the GCNet Parcel, for the benefit of Mararisk and LIFE and their present and fiiture owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of the Mararisk and LIFE Parcels, This easement for vehicular and pedestrian access includes, without limitation, an WEST\223091I16.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies easement for ingress and egress upon, over and across the Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Site Map and Exhibit N att;ached hereto), the Tmck Driveway Connector and any other future driveway and sidewalk connectors for the purpose of vehicular and pedestrian ingress and egress to and from the GC Net Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway, Faraday Avenue. 1.3 LIFE Parcel. LIFE hereby grants and conveys to GCNet and Mararisk and to their respective successors and assigns, and GC Net and Mararisk hereby accept from LIFE, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the GC Net Parcel and Mararisk Parcel upon, over and across those portions of the LIFE Parcel improved for the passage, of vehicles and pedestrians, as shown on the Site Map, such that ingress and egress between the GCNet Parcel and Mararisk Parcel and Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Site Map. and Exhibit N attached hereto) shall be provided over the LIFE Parcel, for the benefit of GC Net and Mararisk and their present and fiiture owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, ofthe GCNet Parcel and Mararisk Parcel. This easement for vehicular access includes, without limitation, an easement for ingress and egress upon, over and across the Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Exhibit E, Site Map, and Exhibit N, Pedestrian and Vehicular Access, attached hereto), and any future driveway and sidewalk connectors for the purpose of vehicular and pedestrian ingress and egress to and from the GC Net Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway, Faraday Ave. 2. Parking Spaces. The minimum number of parking spaces required pursuant to Chapter 21.44 ofthe Carlsbad Municipal Code shall be accessible, striped, and available at all times for the employees and guests ofthe Parcels as shown on the Site Map attached hereto as Exhibit E. Each Owner hereby grants and conveys to the other Owners and to their respective successors and assigns a perpetual, non-exclusive easement for parking on those portions of each Owner's Parcel improved for parking such that reciprocal parking rights shall exist among the Parcels for the benefit of the Owners and their tenants and occupants, arid the employees, invitees and customers of such Owners, tenants and occupants. The Owners and their respective successors in interest shall not constmct or pennit the constmction of any stmcture on the parking areas within the parcels or restripe the parking areas so as to reduce the delineated number of parking spaces shown on the Site Map attached hereto as Exhibit E if the effect of such reduction will give rise to a violation of the City's minimum parkmg requirements applicable to the Parcels (without replacing any eliminated parking spaces with at least as many additional parking spaces on such Owner's Parcel as is necessary to comply with the City's minimum parking requirement applicable to the Parcels) nor shall the Owners or their respective successors in interest restrict access to such parking spaces by employees and guests of each of the three (3) Parcels. 3. • Cross-Drainage and Utility Easements. 3.1 Mararisk Parcel. Mararisk hereby grants and conveys to GCNet and to their respective successors and assigns, and GC Net hereby accepts from Mararisk, a permanent easement for cross-drainage to and from the GC Net Parcel upon, over and across those portions ofthe Mararisk Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the two Parcels. For the purpose of this paragraph, WEST\223091116.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies "established" drainage is defined as the drainage patterns existing as of the completion of construction of grading and improvements identified on City of Carisbad Dwg. No. 462-7A, and which cross-drainage is ftirther depicted on Exhibits F and G attached hereto. 3.2 GC Net Parcel. GC Net hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from GC Net, a permanent easement for cross-drainage to and from the Mararisk Parcel and LIFE Parcel upon, over and across those portions of the GC Net Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the Parcels, as of the completion of constmction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7A, and which cross-drainage is further depicted on Exhibits F, G. H, I, L and M attached hereto. 3.3 LIFE Parcel. LIFE hereby grants and ctfnveys to GC Net and Mararisk and to their respective successors and assigns, and GC Net and Mararisk hereby accept from LIFE, a permanent easement for cross-drainage to and from the GC Net Parcel and Mararisk Parcel upon, over and across those portions of the LIFE Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the Parcels, as of the completion of construction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7A, and which cross-drainage is ftirther depicted on Exhibits H, I and J attached hereto. 3.4 No Interference With Drainage. No Owner shall in any way interfere with or obstmct the established surface drainage pattem over the Owner's Parcel from adjoining or other Parcels, and in the event it is necessary to change the estabUshed drainage over the Owner's Parcel, such Owner shall make adequate provisions for proper drainage. If an Owner determines that it is necessary to change the established drainage over such Owner's Parcel, such Owner will give at least ten (10) days prior written notice to the affected Owner describing the change, and such Owner shall have a temporary constmction easement over the affected owner's Parcel for the duration of any constmction activity necessary to change the established drainage. Such Owner will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of all of the Parcels, 3.5 Utility Easement in Favor of LIFE. GC Net hereby grants and conveys to LIFE and to its respective successors and assigns, and LIFE hereby accepts from GC Net, a permanent easement for underground electrical lines for the site lighting of the parking area located on the LIFE Parcel upon, over and across those portions of the GC Net Parcel for the puipose of facilitating lighting of the parking stalls over the Parcels, as of the completion of constmction of grading and improvements identified on Exhibit K attached hereto. GC Net reserves the right to relocate, at GC Net's expense, any such underground electrical lines in the ftiture in connection with any improvements hereafter constmcted on, or other alterations affecting, the GC Net Parcel, and in this regard, GC Net will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use ofthe LIFE Parcel. 3.6 Utility Easement in Favor of Mararisk. GCNet hereby grants and conveys to Mararisk and to its respective successors and assigns, and Mararisk. hereby accepts from the GCNet, a permanent easement for underground electrical lines for the site lighting of the -parking area located on the Mararisk Parcel upon, over and across those portions of the GC Net Parcel for the purpose of facilitating lighting ofthe parking stalls over the Parcels, as of WEST\22309ni6.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Teclmologies the completion of constmction of grading and improvements identified on Exhibit K attached hereto. GCNet reserves the right to relocate, at GC Net's expense, any such underground electrical lines in the future in connection with any improvements hereafter constmcted on, or other alterations affecting, the GC Net Parcel, and in this regard, GC Net will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of the Mararisk Parcel. 3.7 Street Lights Within Main Entrance Driveway. As a consequence of the City's vacating Van Allen Way, the two (2) street lights withm the vacated Van Allen Way right of way (the location of which are depicted on Exhibit P attached hereto) will become privately owned, with one street light reverting to GC Net and the other to LIFE as depicted on Exhibit P. Notwithstanding the reversion of such street lights to GC Net and LIFE, LIFE shall, at its sole cost, operate, maintain, repair and replace these street lights. GC Net hereby grants to LIFE an easement to enter upon the GC Net Parcel for the purpose of maintaming, repairing and replacing the street light located on the GC Net Parcel. LIFE will apply for and obtain from the City an electrical permit for a new street light electric meter required in order to supply electricity to these street lights. 3.8 Storm Drain Facilities. As a consequence of the City's vacating Van Allen Way, the existing storm drainage facilities located within the vacated Van Allen Way right of way (i.e., the storm drain easements per Parcel Map 17971 and which drainage facilities are more particularly depicted on Exhibit 0-1 attached hereto) and the drainage easement burdening the GC Net Parcel more particularly described in Exhibit 0-2 and depicted in Exhibit 0-3 and the drainage easement burdening the LIFE Parcel more particularly described in Exhibit 0-4 and depicted on Exhibit 0-5 attached hereto will become privately owned, reverting to GC Net and LIFE as depicted on Exhibit 0-1. Notwithstanding the reversion of such drainage facilities to GC Net and LIFE, LIFE and GC NET hereby grant an easement to the other to the extent such the GC Net Parcel and LIFE Parcel use such drainage facilities for transmitting storm water runoff into pubhc facilities. LIFE shall, at its sole cost, maintain, repair and replace such storm drain facilities. GC Net hereby grants to LIFE an easement to enter upon the GC Net Parcel for the purpose of maintaining, repairing and replacing such drainage facilities located on the GC Net Parcel and LIFE hereby grants to GC Net an easement to enter upon the LIFE Parcel for the purpose of maintaining, repairing and replacing such drainage facilities located on the LIFE Parcel. 4. Maintenance. 4.1 Maintenance of the Shared Parking Areas, the Private Street TVan Allen Way), and Other Vacated Improvements. Each Owner shall maintain, repair and replace all paved surfaces, curbs, gutters and sidewalks of the parking areas and driveways, including, without limitation, all driveways, medians and other hardscape improvements, shared utilities, lighting, storm drain facilities, water quality devices, and low impact development features (all of the foregoing collectively referred to as the "Shared Private Improvements") located on its Parcel in a level, smooth and evenly covered condition with the type of materials originally installed or of similar quality, use and durability; provided, however, the Shared Private Improvements shall not include the Main Entrance Driveway. Instead, LIFE shall maintain, repEiir and replace all paved surfaces, curbs, gutters and sidewalks comprising the Main Entrance Driveway without any obligation of the other Owners (i.e., the owner ofthe Mararisk Parcel and WEST\22309I1I6.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies the owner of the GC Net Parcel) to share in, or otherwise contribute to, the cost of such maintenance, repair and replacement of the Main Entrance Driveway. Similarly, LIFE shall maintain, repair and replace the vacated street lights and storm drain facilities described in Sections 3.7 and 3.8 above (the "Vacated Street Lights and Storm Drain Facilities") without any obligation of the other Owners to share in, or otherwise contribute to, the cost of such maintenance, repair and replacement. The cost of maintaining, repairing and replacing the Main Entrance Driveway and the Vacated Street Lights and Storm Drain Facilities shall be the obHgation ofthe oyvner ofthe LIFE Parcel, and as such, the obligation shall "run with the land" as more particularly described in Section 7 below and such obligation will survive the expiration or sooner termination of the Mararisk Parcel Lease and the GC Net Parcel Lease. Such maintenance work shall also include, without limitation, placing, keeping in repair, and replacing any necessary appropriate signage and striping hues, curbs and gutters, and street lights, and periodic sweeping and debris removal. As of the date of this Agreement, the Main Entrance Driveway is a fully improved paved roadway, with curbs, gutters and sidewalks. Each Owner shall be liable for the cost of all maintenance, repair and replacement relating to the Shared Private Improvements located on its Parcel. Notwithstandmg anything to the contrary contained ui the foregoing, smce LIFE is the sole tenant of the Mararisk Building and the GC Net Building pursuant to leases that impose such maintenance and repair costs upon the tenant, LIFE shall be liable for all maintenance and repair costs associated with the Shared Private Improvements inasmuch as Mararisk and Griffin have the right to "pass-through" to LIFE any costs allocated to their respective parcels under this AGREEMENT so long as the Mararisk Parcel Lease and the GC Net Parcel Lease are in effect and provide for the right to "pass-through" to LIFE such costs. 4.2 Failure to Maintain, hi the event that any Owner fails to maintain that portion of the Shared Private Improvements located on its Parcel substantially in accordance with the standards described in Section 4.1 r"Non-Maintaining Owner") or LIFE fails to maintain the Main Entrance Driveway or the Vacated Street Light-s and Storm Drain Facilities, any other Owner (^"Maintaining Owner") may notify the Non-Maintaining Owner of its failure to perform its maintenance obligations hereunder; such notice to specifically set forth the maintenance which was not performed. If, following such notice, the failure to maintain persists for thirty (30) days (or, if such failure cannot be cured within such period, the Non-Maintaining Ovmer fails to commence to cure within such thirty (30) day period and to proceed diligently thereafter to complete the cure), the Maintaining Owner shall have the right, but not the obligation, to assume responsibility for such maintenance pursuant to the terms of this AGREEMENT. In the event the Maintainkig Owner assumes the responsibility of the Non- Maintaining Owner as provided herein, the Non-Maintaining Owner shall be obligated to reimburse the Maintaining Owner. After the Maintaining Owner completes the maintenance responsibilities ofthe Non-Maintaining Owner, the Maintaining Owner shall deliver an invoice r"Maintenance Invoice") to the Non Maintaining Owner for costs incurred by performing such maintenance ("Maintenance Expenses") plus a five percent (5%) admmistrative fee. The Non- Maintaining Owner shall reimburse the Maintaining Owner within thirty (30) days of receipt of the Maintenance Invoice. All Maintenance Expenses not paid for when due shall bear interest at the legal rate. Any claims arising under this Section 4.2 shall be junior and subordinate to the lien of any then existing first priority mortgage or deed of tmst. The preceding paragraph to tiie contrary notwithstanding, a party shall not be entitied to exercise its self-help remedies during the pendency of any legal proceedings involving the dispute in question, Any Owner may request from any other Owner an estoppel certificate for the purpose of confirming the absence of any defaults under this AGREEMENT, including without limitation, the absence of any WEST\223091116.8 7 ^1 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies failure of the requesting Owner to maintain' that portion of the Shared Private Improvements located on its Parcel or, in the case of LIFE, to maintain die Main Entrance Driveway or the Vacated Street Lights and Storm Drain Facilities. Any Owner receiving a request for such an estoppel certificate will execute and deliver such an estoppel certificate v^thin tiiirty (30) days after its receipt of a written request therefore. 5. Indemnification. 5.1 Liens and Claims. Each Owner shall defend (with counsel reasonably acceptable to the other Owner(s)), indemnify and hold tiie other Owner(s) harmless from and against any mechanics, materiahnens and/or laborers Hens, and all costs, expenses, losses and liabilities in connection-therewith, including without limitation reasonable attorneys' fees and court costs (collectively, "Clahns"), arising out of the performance of the obligations hereunder by each Owner or its agents, employees, contractors or subcontractors except to the extent any such Claims are caused by the gross negUgence, recklessness or willfiil misconduct ofthe other Owner(s) and their Permittees. As used herein, "Permittees" shall mean and refer to each Owner's tenants, subtenants, occupants, employees, contractors, licensees, customers and invitees. Each Owner shall have the right to obtain and record a surety bond as provided by Califomia Civil Code Section 3143 against any Claims giving rise to any mechanics, materialmen and/or laborers liens affecting such Owner's Parcel, and die Owner failing to pay for the work tiiat gives rise to any such Claims shall reimburse die Owner who obtained and recorded such bond for the entire cost of any such bond. 5.2 Indemnification. Each Owner shall indemnify, defend (with counsel reasonably acceptable to the other Owner(s)), protect, and save die other Owners harmless from and against any and all demands, liabilities, losses, damages, expenses, causes of action, suits, claims, and judgments, includmg, but not limited to, reasonable attorneys' fees, arising or relating to personal injuries or property damages arising from the indemnifying Owner's performance of its obligations hereunder, except to the extent caused by the gross negligence, recklessness or willfiil misconduct of such otiier Owners or such other Owners' Permittees. 5.3 Survival. The provisions of this Section 5 shall survive any termination of tills AGREEMENT in whole or in part. 6. Insurance. 6.1 Liability Insurance. In connection with the maintenance obligations under Section 4 of tiiis AGREEMENT, each Owner shall at all times maintain or cause to be maintained in fiill force and effect a commercial general liability insurance policy (on an occurrence and a per location basis) insuring against all claims for personal injury, death or property damage occurring upon, in or about tiie Owner's Parcel or as a result of die perfonnance of the Owner's maintenance obligations hereunder, with combined single limits of at least Two Million Dollars ($2,000,000.00) per occunence for the respective Parcel, which insurance shall include broad form blanket contracttial liability coverage covering the insured's indemnity obligations hereunder. All such insuraace policies shall be issued by a financially responsible insurance company or companies authorized and Hcensed to issue insurance pohcies in the State of Califomia. An Owner, if requested in writing by anotiier Owner, will provide the requesting Owner a certificate of insurance adding as an additional insured the requesting Owner WEST\22309ni6.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies and any lender holding the lien of a first priority mortgage or deed of tmst against die requesting Owner's Parcel. 6.2 Blanket Insurance. Any insurance required to be carried pursuant to tiiis Article may be canied under a policy or policies covering other liabilities and locations of an Owner or its affiliated entities; provided, however, that such policy or policies apply to the Parcels required to be insured by tiiis Article in an amount not less than the amount of insurance required to be carried by such Owner witii respect thereto, pursuant to tiiis Article. 7. Covenants Running Witii the Land. The AGREEMENT contained herein shall constittite covenants, the.burdens and benefits of which shall run witii die land and bind successive owners of, the Parcels. Accordingly, by tiieu: acceptance of a deed or other instruments vesting in such owner fee titie in tiie any of the aforementioned Parcels, the owner shall own such fee titie subject to, and hereby covenants an*d agrees to be bound by, tiie covenants and obligations incumbent upon the owner of such real property as set forth herein and shall be entitied to all rights and benefits accming to tiie owner of such real property hereunder. 8. Amendment and Restatement. This AGREEMENT amends and restates the Amended and Restated Reciprocal Parking, Access and Easement Agreement m its entirety, and this AGREEMENT replaces and supersedes the Amended and Restated Reciprocal Parking, Access and Easement Agreement. 9. Modification or Tennination. This AGREEMENT shall not be modified or terminated except by a written agreement approved by the City of Carlsbad and executed by each of the owners of tiie Parcels at the time of the proposed modification or amendment which is to be recorded in tiie Office ofthe County Recorder of San Diego County, Califomia. 10. Recordation. This AGREEMENT shall be recorded in tiie Office of the County Recorder of San Diego County, Califomia and shall serve as notice to all' future owners and tenants of the Parcels tiiat their use shall be benefited and/or burdened in the manner described herein. WEST\223091116.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. LIFE: LIFE TECHNOLOGIES CORPORATION, a Delaware corporation By: ^ Name: ^ Ce^M^wfti^A<\fv Titie: CHU^ /f>CCrirf>^ By: /^^inL^^^ll^^ Titie: cZHi^-/^ /-^r^ dn^cr^L/' OGn'cec^ WES'n223091116.8 10 STATE OF CALIFORNIA ) rni TNTY OF c S^/ r-, J J / ^j/ CJ ) Onj:>^r. if.^O/^ . before me, Ctr^J-hp^ , Notary Public, personally appeared rTi'-^Hn A, . n^^^^r^^O-/^ —^-—' who proved to me on tiie basis of satisfactory e-Wdence to be tiie person(s). whose name(^/to subscribed to tiie within instrument and acknowledged to me that he/shei'feey executed the same in his/fe©f/tiieir authorized capacity(4©s), and tiiat by his/%cr/their signattire(s) on the instrument the persbn(«)i or the entity upon behalf of which the person(-s^ acted, executed tiie instrument, I certify under PENALTY OF PERJURY under the laws of the State of Califomia tiiat the foregoing paragraph is tme and conect. WITNESS my hand and official seal. t S, COLTON r 4^^^^ Commission # 18890S8 t I/li 'f^/ i^^^ Notary Public - California i \/yL Ll^LL©lK J San Diego County \ 7 177" ^777 /Qoon I My Comm, Expires Jun 9.20141 ^ Signature of Notary Public (beai; ^ STATE OF CALIFORNIA ) ^ ) milNfTYOR^j O JJl^jO ) OnJ>..r^lP,^Of^ , before me, 3- Cc^l-ton , , Notary Public, personally appeared IP^ v'L^ 'F. f-kyffnr-^ (^ .—' who proved to me on the basis of satisfactory evidence to be the person^ whose name(s)Cl^ar€- subscribed to the witiiin insttwient and acknowledged to me that he/she/tiiey executed tiie same in his/to^ir authorized capacity(i^), and that by his/her/their signature(s) on tiie instrument the person(s), or the entity upon behalf of which the person(s-) acted, executed tiie instrument. I certify under PENALTY OF PERJURY under tiie laws of tiie State of Califomia tiiat tiie foregoing paragraph is tme arid correct. WITNESS my hand and official seal. j> it a i i i.^ a a %% u^^^t^ • > • .i^ Commission # 1889058 I A ^ /if if^aa^ Notary Public - California I ^ Signature of Notao'Public (Seal) ^ • • . i . , , i f » Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies Mararisk: MARARISK CARLSBAD, LLC, a Delaware limited liability company By: ^Q^^- Wes Uhlman, its Managing Manager By: Robert C<-P^ey, ^Jts^l^;^anaging Manager WEST\223091116.8 11 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On I ' "^'Z- 2013 before me, MpOrg Pi ^ Xl^e^^pQ^ , Notary Public, personally appeared UJ^^ {/j-KXA^J- , personally known to me to be the person(s) whose name(s) is/are subscribed to the witiun instmment and acknowledged to me that he/she/they executed the same in his/her/tiieir autiiorized capacity(ies), ,and that by his/her/their signattire(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. WITNESS my hand and official seal Notary Public I- 1 Assessor's Parcel Nos. 212-130-44.212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies Mararisk: MARARISK CARLSBAD, LI a Delaware limited liabiUty^mpany Lobert C. Penney, its Managing Manager WEST\22309U16.8 11 STATE OF ¥?¥cSHiNOTeN CallXoCTl lO, ) mi TNTY OF P\\ l-P/5^ld-e ) On January ,_2013 heforeme !AA\^c^ t4. Aiuard , NntqryPnV>lir.^ per<;nTially appeared Woh^rV O. MPPiney , personally known to me to be the person^s) whose name(g5(ig5are subscrib^_to the witiun instrument and acknowledged to me tiiat@/she/they executed tiie same iiK^ier/tiieir autiiorized capacity(ip^), and that by@/lher/tiieir signattire(35 on the insttument the j)Qison(^, or the entity upon behalf of which the person(^ acted, executed the instrument. . WITNESS my hand and official seal. <^S^^^ Notary Public - California Z^SSM^ Rivarsida County p 1 ^•^SBK Mv Comm. Expiras Nov 12.20151 Notary Pubhc i^^S^ Notary Public - California z afv?ifcsfflwf Rivarsida County Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies GC NET: THE GC NET LEASE (CARLSBAD) INVESTORS, LLC, a Delaware hmited liability company WESTO23091116.8 12 STATE OF CALIFORNIA COUNTY OF ^5 /^7J.;rtgue^3 On O6g^<rm0grg^o2/,^/^, before me, (h'^^ /ryuero^ personally appeared Owuie -jn^/i^B-t^ _, Notary Public, who proved to me on the basis of satisfactory evidence to be tiie person(5f whose name(X) is/are subscribed to the within instmment and acknowledged to me tiiat k^/she/tji^y executed tiie same in ljk/her/tl>^ir authorized capacity(ie^), and tiiat by Ijj^er/ti^ signattire{>r on tiie msttoiment tiie person(^, or tiie entity upon behalf of which the person)^ acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the State of Califomia tiiat tiie foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature of Notary Public (Seal) 1 , W.AOLER Commisiion # 1938139 NotvyPvMic-CatHornia | Lot AngttN County ^ Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) - Life Technologies PROVED AS TO CONTENT: DON NEU, City Plarmer APPROVED AS TO FORM CELIA BREWER, City Attorney lOBALDI, fant City Attorney WEST\22309nl6.8 13 7/1