HomeMy WebLinkAboutPUD 09-02B; Life Technologies/Mararisk Carlsbad/Griffin Capita; 2013-0668719; Parking AgreementCHICAGO TITLE COI\JiPANY
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
)
)
)
)
)
)
)
DOC # 201 3-066871 9
I 1111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111
NOV 12, 2013 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 142.00
PAGES: 43
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111
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, GC Net 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, GC Net 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 California, 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, California, 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, California, 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 of the 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 February 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, California, and more particularly described on Exhibit D attached hereto (the "LIFE
Parcel").
WEST\223091116.8 1
Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49
PUD 09-02(B) -Life Technologies
E. The GC Net 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 Parcel is not yet improved with any building improvements, but it does
have parking lot improvements 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
terms 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 construct on the LIFE Parcel (i) an amenity building
consisting of approximately 70,500 square feet (which has not been constructed as of the 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 09-02(A) 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 construction 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 of the
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 2
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 of the 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 GC Net 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 GC Net 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 A venue.
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 GC Net Parcel, for the benefit of
Mararisk 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 Mararisk and
LIFE Parcels. This easement for vehicular and pedestrian access includes, without limitation, an
WEST\223091116 8 3
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 attached hereto), the Truck
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 GC Net 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 GC Net 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 future owners, tenants and occupants, and the employees, invitees and customers of
such owners, tenants and occupants, of the GC Net 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 of the Carlsbad Municipal Code shall be accessible, striped, and available at all
times for the employees and guests of the 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, and the employees,
invitees and customers of such Owners, tenants and occupants. The Owners and their respective
successors in interest shall not construct or permit the construction of any structure 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 parking 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 GC Net 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
of the 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 4
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 Carlsbad Dwg. No. 462-7 A, and
which cross-drainage is further 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 construction 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 conveys 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. 462-7 A, and which cross-drainage is further depicted on Exhibits H, I and J attached hereto.
3.4 No Interference With Drainage. No Owner shall in any way interfere with
or obstruct the established surface drainage pattern over the Owner's Parcel from adjoining or
other Parcels, and in the event it is necessary to change the established 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 construction easement over the affected owner's
Parcel for the duration of any construction 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
purpose of facilitating lighting of the parking stalls over the Parcels, as of the completion of
construction 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
future in connection with any improvements hereafter constructed 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 LIFE Parcel.
3.6 Utility Easement in Favor of Mararisk. GC Net hereby grants and
conveys to Mararisk and to its respective successors and assigns, and Mararisk hereby accepts
from the GC Net, 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 of the parking stalls over the Parcels, as of
WEST\223091116.8 5
Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49
PUD 09-02(B) -Life Technologies
the completion of construction 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 future in connection with any improvements hereafter constructed 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 within 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 maintaining, 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 public 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 (Van 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,
repair and replace all pave~ surfaces, curbs, gutters and sidewalks comprising the Main Entrance
Driveway without any obligation of the other Owners (i.e., the owner of the Mararisk Parcel and
WEST\223091116.8 6
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
obligation of the owner of the 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 lines, 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. Notwithstanding anything to the contrary contained
in the foregoing, since 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. In 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 ("Non-Maintaining Owner") or LIFE fails to
maintain the Main Entrance Driveway or the Vacated Street Lights 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
Owner 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 Maintaining 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 of the Non-Maintaining Owner, the Maintaining Owner shall deliver an invoice
("Maintenance Invoice") to the Non Maintaining Owner for costs incurred by performing such
maintenance ("Maintenance Expenses") plus a five percent (5%) administrative 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 trust. The preceding paragraph to the
contrary notwithstanding, a party shall not be entitled 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
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 the 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 within thirty (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 the other Owner(s) harmless from and
against any mechanics, materialmens and/or laborers liens, and all costs, expenses, losses and
liabilities in connection therewith, including without limitation reasonable attorneys' fees and
court costs ( collectively, "Claims"), 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 negligence, recklessness or willful misconduct of the 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
California Civil Code Section 314 3 against any Claims giving rise to any mechanics,
materialmen and/or laborers liens affecting such Owner's Parcel, and the Owner failing to pay
for the work that gives rise to any such Claims shall reimburse the 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 the other Owners harmless from
and against any and all demands, liabilities, losses, damages, expenses, causes of action, suits,
claims, and judgments, including, 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 willful misconduct of such other Owners or such other Owners' Permittees.
5.3 Survival. The provisions of this Section 5 shall survive any termination of
this AGREEMENT in whole or in part.
6. Insurance.
6.1 Liability Insurance. In connection with the maintenance obligations under
Section 4 of this AGREEMENT, each Owner shall at all times maintain or cause to be
maintained in full 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 the Owner's Parcel or as a result of the
performance of the Owner's maintenance obligations hereunder, with combined single limits of
at least Two Million Dollars ($2,000,000.00) per occurrence for the respective Parcel, which
insurance shall include broad form blanket contractual liability coverage covering the insured's
indemnity obligations hereunder. All such insurance policies shall be issued by a financially
responsible insurance company or companies authorized and licensed to issue insurance policies
in the State of California. An Owner, if requested in writing by another Owner, will provide the
requesting Owner a certificate of insurance adding as an additional insured the requesting Owner
WEST\223091116.8 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 trust against the requesting
Owner's Parcel.
6.2 Blanket Insurance. Any insurance required to be carried pursuant to this
Article may be carried 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 this Article in an amount not less than the amount of insurance
required to be carried by such Owner with respect thereto, pursuant to this Article.
7. Covenants Running With the Land. The AGREEMENT contained herein shall
constitute covenants, the burdens and benefits of which shall run with the land and bind
successive owners of the Parcels. Accordingly, by their acceptance of a deed or other
instruments vesting in such owner fee title in the any of the aforementioned Parcels, 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.
8. Amendment and Restatement. This AGREEMENT amends and restates the
Amended and Restated Reciprocal Parking, Access and Easement Agreement in its entirety, and
this AGREEMENT replaces and supersedes the Amended and Restated Reciprocal Parking,
Access and Easement Agreement.
9. Modification or Termination. 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 the Parcels at the time of the proposed modification or amendment which is to
be recorded in the Office of the County Recorder of San Diego County, California.
10. 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 Parcels that their use shall be benefited and/or burdened in the manner described
herein.
WEST\223091116.8 9
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.
WEST\223091116.8
LIFE:
LIFE TECHNOLOGIES CORPORATION,
a Delaware corporation
By: f}ffeJl L:!tf(.tJ~~
Name: Da. v ,cL F. H #,-~t s-kr
Title: Ch ,e-f-1 J-o,cu,c rct I D«:'cf?/
STA TE OF CALIFORNIA
COUNTY OF ,._Sc?L .r) ]_) j e!J ()
)
)
)
on bee. IY~ ~0/c;), , before me, S c· o 1-l--cY1 , Notary Public,
personally appe~red • Ti--:>f=n A , C 0 :+-h nd-,,0=/"Y] ,
who proved to me on the basis of satisfactory evfclence to be the personW. whose name~A¼l:e
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/~ir authorized capacity(-i:ss-), and that by his/h:e1/their signature(sj on the instrument
the person(4, or the entity upon behalf of which the personE&} acted, executed the instrument.
I certify under PENAL TY 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 of Notary Public (Seal)
ST A TE OF CALIFORNIA
COUNTY ORS:l n ·Dr e__:J 0
)
)
)
on])c _c_. IP, ;;J. 0 I~ , before me, 8 . Co t ·+on , Notary Public,
personally app~ared Pa \/Lol 'F. ric:rPfr-y-e /1 +e.--
who proved to me on the basis of satisfactory evidence to be the personf&) whose namef&)'.1'.sYafe-
subscribed to the within instrument and acknowledged to me that he/!!!he/they executed the same
in his/-her/their authorized capacity(-i0s), and that by his/.her/thsir signatureEs-) on the instrument
the personw, or the entity upon behalf of which the personW acted, executed the instrument.
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 of Notary Public (Seal)
WEST\223091116.8
Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49
PUD 09-02(B) -Life Technologies
11
Mararisk:
MARARISK CARLSBAD, LLC,
a Delaware limited liability company
By:
By:
Wes Uhlman,
its Managing Manager
Robert~ey,
jts---~aging Manager
STATE OF WASHING TON
COUNTYOF___c.K--------=----lrJ.._·~b..__ ___ _
)
) ss.
)
On ,,·7-1..-,2013beforeme, Mor-treA-·~
Notary Public, personally appeared iJ )£~ L.M:u-1,A--i. ,
personally known to me 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 person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
WEST\223091116.8
Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49
PUD 09-02(B) -Life Technologies
Mararisk:
MARARISK CARLSBAD, L
a Delaware limited liabil" company
By:
es Uhlman,
By~ Robertc.Penney,
its Managing Manager
11
STATE OF wA:s1mqoToN Ca. h-'1orn IC\
COUNTY OF Q\\lli5\d-e., •
)
) ss.
)
OnJo.nueiv--d-5 2013 befo e me, M h · . A(wa~
Notary Public, personally appeared _......,,.,.....,_,__......_a........,.___,__._,__...._,.--,LJU....,..;:,,.....1------'
personally known to me to be the person~ whose name(i81~e subscribed to the within
instrument and acknowledged to me that@she/they executed the same i~er/their
authorized capacity(~), and that by@her/their signature(~ on the instrument the person(M', or
the entity upon behalf of which the person(n acted, executed the instrument.
WITNESS my hand and official seal.
Lmi1uuJa1ilWwoAc1_;
Notary Public
WEST\223091116.8
Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49
PUD 09-02(B) -Life Technologies
GCNET:
THE GC NET LEASE (CARLSBAD)
INVESTORS, LLC,
a Delaware limited liability company
By:
Name: . Ye i ne-V1 --lt-+~-k-=--L....;.-,!--.L..:.....>.::....:...,'-'-""-.e....,_-~-
T i tl e: id. evi f s-c+--
}A. a VLttje VVJ -e, tA-f-
12
ST A TE OF CALIFORNIA
COUNTY OF ~s JhJqt:~5
)
)
)
On Of:CG11tt¼,-2.-c,,2 / ,,;;,..o Ir, before me, G-i ,J,i-,A • A-o ~ , Notary Public,
personally appeared V'u L-l c. Ir . ~, ,-:i g-,J ,
who proved to me on the basis of satisfactory evidence to be the person(s{ whose name{.81 is/are
subscribed to the within instrument and acknowledged to me that .h€/she/t_pey executed the same
in l}ts/her/tl}iir authorized capacity(µ£), and that by lµ@her/t~ signatureWon the instrument
the person0, or the entity upon behalf of which the person0 acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
r9_0:.:!.:!:,:9· 1 I ----. . LOI Anllltl County
Comm. 24, 15 0 usu·" CC·=== 0 3£ .I
[0~ TO CONTENT:
DON NEU,
City Planner
APPROVED AS TO FORM
CELIABRE
OBALDI,
Assi ant City Attorney
WEST\223091116.8
Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49
PUD 09-02(B) -Life Technologies
13
EXHIBIT A
Property Description
The land referred to herein is situated in the City of Carlsbad, County of San Diego, State of
California, and is described as follows:
Parcels 1 and 2 of Parcel Map No. 17971, in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County Recorder of San
Diego County, December 24, 1997 as File No. 1997-0656621 of the Official
Records.
Assessor's Parcel Nos. 212-130-44 and 212-130-45.
A consolidation of Parcels 3 and 4 of Carlsbad Minor Subdivision No. 97-04 in the
City of Carlsbad, County of San Diego, State of California, according to Parcel
Map thereof No. 17971, filed in The Office of the County Recorder of San Diego
County, December 24, 1997 as File No. 1997-0656621 of Official Records.
Assessor's Parcel No. 212-130-49.
and
Van Allen Way, as shown on 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, vacated per Document recorded /l-8-1:l0/3 in the Office of the
County Recorder of said San Diego County as Doc.ao13-t,{pl, 5'17, of Official
Records.
WEST\223091116.8
EXHIBIT B
Description of the Mararisk Parcel
The land referred to herein is situated in the City of Carlsbad, County of San Diego, State of
California, and is described as follows:
Parcel 2 of Parcel Map No. 17971, in the City of Carlsbad, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County, December 24, 1997 as File No. 1997-0656621 of the Official Records.
Assessor's Parcel No. 212-13 0-4 5
and
A portion of vacated Van Allen Way as shown on 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, vacated per Document recorded
//-8-ol0/3 in the Office of the County Recorder of said
San Diego County as Doc. il,t:J/.) -o&:>,t:, S'll , of Official Records,
described as follows:
BEGINNING at the Southeasterly Corner of Parcel 2 of said Parcel Map 17971,
said point also being a point on the Northerly Right of Way line of said
vacated Van Allen Way; thence along said Right of Way the following courses:
South 63°44'17" West 66.13 feet to the beginning of a tangent curve concave
Southeasterly and having a radius of 336.00 feet; thence along said curve
Southwesterly 159.54 feet through a central angle of 27°12'19"; thence tangent
from said curve South 36°31'58• West 76.22 feet to the beginning of a tangent
curve concave Northerly and having a radius of 25.00 feet; thence along said
curve Southwesterly 33.91 feet through a central angle of 77°43'23'' to a point
of cusp with a tangent curve concave Southwesterly and having a radius of
1242.00 feet, a radial line of said curve from said point bears South
24°15'21" West. said curve being a portion of the Northerly Right of Way line
of 84' wide Faraday Avenue; thence leaving said Northerly Right of Way of
vacated Van Allen Way Southeasterly along said Northerly Right of Way line of
Faraday Avenue and said curve 56.73 feet through a central angle of 02"'37'01"
to a point on the centerline of vacated Van Allen Way; thence leaving said
Right of Way line along said centerline North 36°31'58" East 89.86 feet to the
beginning of a tangent curve concave Southeasterly and having a radius of
300.00 feet; thence Northeasterly along said curve 142.45 feet through a
central angle of 27•12 1 19u; thence tangent from said curve North 63°44'17"
East 66.13 feet; thence leaving said centerline North 26°15'43" West 36.00
feet to the POINT OF BEGINNING.
CONTAINING 0.258 Acres, More or Less
(which vacated portion of Van Allen Way reverting to the Mararisk Parcel is depicted in
Exhibit B-1 attached hereto).
WEST\223091116.8
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 PORTION OF VACATED VAN
ALLEN WAY.
AREA = 0.258 AC.
P.O.B.
(R)
INDICATES POINT OF BEGINNING
INOICA TES RADIAL
SK£TCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
A PORTION or VACATfD
VAN ALLEN WAY
IN TH[ CITY or CARLSBAD
COUNTY OF SAN DIEGO
STAT[ OF CALIFORNIA C □NBUL.TINC3
SHEET 1 or 1 SHEET
9755 Cl.AIREMONT MESA BOULEVARD, SUITE 100
SAN DIE:00, CALFORNIA 92124-1324
858.614.5000 • FAX 858.614.5001 • www.RBF.com
OCTOBER 18, 20/f J.M. 25-104481
H: \PDATA \25104481 \CADO\MAPPiNG\EXHIBITS\4481-EXH04-REVRIGHTS.DWG GLINDQUIST 10/18/2011
WEST\223091116.8
EXHIBITC
Description of the GC Net Parcel
That certain real property in the City of Carlsbad, County of San Diego, State of California,
described as follows:
Parcel 1 of Parcel Map No. 17971 in the City of Carlsbad, County of San Diego,
State of California, filed in the Office of the County Recorder of San Diego
County on December 24, 1997, as File No. 1997-0656621 of the Official Records.
Assessor's Parcel No. 212-130-44.
and
A portion of vacated Van Allen Way as shown on Parcel Map 17971, in the City
of Carlsbad, County of San Diego, State of California. f11ed in the Office of
the County Recorder of said San Diego County on December 24, 1997 as File No.
1997-0656621, of Official Records, vacated per Document recorded I/-&> -d0 I 3 in the Office of the County Recorder of said
San Di ego County as Doc. o?0/,3 -{)~6/,p S-97 , of Offici a 1 Records,
described as follows:
BEGINNING at the Southeasterly Corner of Parcel 2 of said Parcel Map 17971,
said point also being a point on the Northerly Right of Way line of said
vacated Van Allen Way; thence along said Right of Way the following courses:
North 63°44'17" East 92.74 feet to the beginning of a tangent curve concave
Northwesterly and having a radius of 90.00 feet; thence along said curve
Easterly 29.42 feet through a central angle of 18°43 1 50 11 ; thence tangent from
said curve North 45°00'27 11 East 50.00 feet to the beginning of a tangent curve
concave Southerly and having a radius of 60.00 feet; thence along said curve
Easterly and Southeasterly 113.86 feet through a central angle of 108°43'48"
to the intersection of the Northerly Right of Way line of said vacated Van
Allen Way with the Easterly prolongation of the Centerline of said vacated Van
Allen Way; thence leaving said Right of Way along said centerline and said
prolongation of said centerline South 63°44 1 17 11 West 248.26 feet; thence
leaving said centerline North 26°15 1 43 11 West 36.00 feet to the POINT OF
BEGINNING.
CONTAINING 0.246 Acres, More or Less
(which vacated portion of Van Allen Way reverting to the GC Net Parcel is depicted in
Exhibit C-1 attached hereto).
WEST\223091116.8
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 STREET VACATED.
AREA = 0.246 AC.
EXHIBITC~l
P.0.8. INDICATES POINT OF BEGINNING
(R) INDICATES RADIAL
SKETCH TO ACCOMPANY A
APN 212-130-44
6=18'43'50"
R=90.00'
L=29.42'
N45'00'27''E
6=108'43'48"
R=60.00'
L=113.86'
LEGAL DESCRIPTION FOR SHEET 1 OF I SHEET
A PORTION or VACATED ~ 9755 ct.AIREMONT MESA BOULEVARD, SUITE 100
VAN ALLEN WAY SAN 0!500, CALFORNIA 92.124-1324
IN THE CITY OF CARLSBAD ■ • 858.614.5000 • FAX 858.614.5001 • www.RBF.com
COUNTY OF SAN DIEGO CONSUI..TINC3
STATE or CALIFORNIA ocrOBER 18, 2011 J.N. 2s-104481
H· \PDA TA \25104481 \CADD\MAPPING\EXHIBITS\4481-·EXH05-REVRiGH1S.DWG GUNDQU!ST 10/18/2011
WEST\223091116.8
EXHIBITD
Description of the LIFE Parcel
That certain real property in the City of Carlsbad, County of San Diego, State of California,
described as follows:
A consolidation of Parcels 3 and 4 of Carlsbad Minor Subdivision No. 97-04 in the
City of Carlsbad, County of San Diego, State of California, according to Parcel
Map thereof No. 17971, filed in The Office of the County Recorder of San Diego
County, December 24, 1997 as File No. 1997-0656621 of Official Records.
Assessor's Parcel No. 212-130-49
A portion of vacated Van Allen Way as shown on 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, vacated per Document
recorded //-~ -tROl.3 in the Office of the County
Recorder of said San Di ego County as Doc. o/0/3 -tJb6~ S9 7
of Official Records, described as follows:
WEST\223091116.8
BEGINNING at the intersection with the Right of Way line of said vacated
Van Allen Way and the Easterly prolongation of the Centerline of said
vacated Van Allen Way, said point also being a corner of Parcel A of
Certificate of Compliance Doc. 1998a0696720, of Official Records; thence
along said centerline and said Easterly prolongation of said centerline
South 63°44 1 17" West 314.39 feet to the beginning of a tangent curve
concave Southeasterly and having a radius of 300.00 feet; thence along
said curve Southerly 142.45 feet through a central angle of 27°12 1 1911 ;
thence tangent from said curve South 36°31 1 5811 West 89.86 feet to the
beginning of a tangent curve concave Southwesterly and having a radius
of 1242.00 feet, a radial line of said curve from said point bears South
26°52'2211 West, said curve being a portion of the Norther1y Right of Way
line of 84 1 wide Faraday Avenue; thence leaving said Northerly Right of
Way of vacated Van Allen Way Southeasterly along said Northerly Right of
Way line of Faraday Avenue and said curve 64.57 feet through a central
angle of 02°58'44u to the Southerly line of said vacated Van Allen Way,
said point being a point of cusp with a curve concave Northeasterly and
having a radius of 25.00 feet, a radial line of said curve from said
point bears South 29°51 1 05 11 West; thence leaving said Right of Way line
of Faraday Avenue along said curve and the Southerly line of said
vacated Van Allen Way the following courses: Northwesterly 42.19 feet
through a central angle of 96°40 1 53 11
; thence tangent from said curve
North 36°31'5811 East 55.85 feet to the beginning of a tangent curve
concave Southeasterly and having a radius of 264.00 feet; thence along
said curve Northeasterly 125.35 feet through a central angle of
27"12'19"; thence tangent from said curve North 63°44 1 17" East 158.87
feet to the beginning of a tangent curve concave Southeasterly and
having a radius of 90.00 feet; thence along said curve Northerly 29.42
feet through a central angle of 18°43'51"; thence tangent from said
curve North 82°28 108 11 East 50.00 feet to tne beginning of a tangent
curve concave Westerly and having a radius of 60.00 feet; thence along
said curve Easterly, Northeasterly and Northerly 113.86 feet through a
central angle of 108°43 153 11 to the POINT OF BEGINNING.
CONTAINING 0.487 Acres, More or Less
(which vacated portion of Van Allen Way reverting to the LIFE Parcel is depicted in
Exhibit D-1 attached hereto).
WEST\223091116.8
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 STREET VACATED.
AREA -0.487 AC.
P.0.8. INDICATES POINT OF BEGINNING
(R) INOICA TES RADIAL
SKETCH TO ACCOMPANY A
L£GAL D£SCRIPT/ON FOR
A PORTION or VACATED
VAN ALL[N WAY
APN 212-130-44
~
~a vtf'
j. N ALL
'\ WAY
ICINITY
N01 TO SCALE
SHffT I Of 1 SHEFT
9755 CLAlREMONT MESA BOULEVARD, SUITE 100
SAN DIEGO, CALFORNIA 92124-1324 IN TH[ CITY OF CARLSBAD
COUNTY OF SAN DIEGO
STA TE or CALIFORNIA
■ ■ ■ 858.614.5000 • FAX 858.614.5001 • www.RBF.com
CONSULTING
OCTOB[R 18, 20 II J.N. 25-104481
H: \PDA rA \25104481 \CADD\MAPPING\EXHIBITS\4481 ··EXH06-REVRIGHTS.DWG GUNDQUIST 10/18/2011
WEST\223091II6.8
::o' Ol 0 ~
Q) ~ > ·;::::: e:.
~ :s s:: ~ ~
s:: Ol > <+-,
0
0 Q) .!:: ..... s:: Q)
Q) ..c:: ..... -~ >. Ol ;:!:
Q) > ·;:::::
0
Q) u s:: Ol t:: s:: £.I:) 00
.5 '° Ol ~ :::E 0 <')
EXHIBIT E -SITE MAP
Q) N ..... s:i 0 f-z (/J
r.Ll :3:
WEST\223091116.8
Lu
EXHIBIT F
Cross-Drainai;:e
CURB
MARARISK 1
PARCEL
5791 VAN
ALLEN WAY
Lu z -....J
>-t-
0: Lu a.. ~. a.. I
AREA OF
MARARlSK PARCEL
DRAINING ONTO
GC NET PARCEL
I
I
z__.._,_ __ ~,~ -...JI
>-t-
0: w a..
0 0: a..
AREA OF GC NET
---PARCEL DRAINING
ONTO MARARlSK .....__ __
PARCEL
GC NET PARCEL
5781 VAN ALLEN WAY
20 10 0 20 5~ --"~""""
.
c
//
/W', ✓ 'f·
60 ,., ...... _,."'''~'?
l . ;
>.-.\J~~~. ·-·; , ,,'
',,,,---
PROPERTY LINE
STORM DRAl:S
BE:SEFITTl~G GC :SET &
MARARISK
PROPERTY LINE
MARARISK PARCEL
5791 VAN ALLEN WAY
// -~
6,,
V
,✓,,,
g
120
_____ ....,
I
I
00 '°
PROPERTY-·-
LINE
5C ZS
'---AREA OF LIFE PARCEL
DRAINING ONTO GC NET
PARCEL
LIFE PARCEL
w z ....... _JI
>-1 l-o::: w
0...
0
0::::
0...
00
'°
PROPERT!Y
LINE 1
i
f LIFE I
PARCEL:
-_J
>-t-
0::: w
Cl.. I
~I a..
0
---i1,....1__ TORl\1 DRAIN
YSTEM BENEFITTIN
STOR.i'\1 DRAIN
SYSTEM
BENEFITTING
LIFE& GCNET
50 25 0
--riifil-~'liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii..,..._~"iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii
SYSTEM
BENEFITTING
LIFE& GC NET
00 ,,:;
I
0: ; ! I
RETAINING
WALL
GC NET PARCEL
5781 VAN ALLEN WAY
I AREA,OF GC NET
PARCEL DRAINING
ONTO LIFE PARCEL
LIFE PARCEL
40 20 C 4:1
>->>c~~,,,,,= ~--~•'>
I I
LINE
i I
PROPERTY
LINE I
I 00 -.:i
El 5 ~
~ l f-iii -53 $ >< l.rJ ";j "' .B
"' <> iii
EXHIBIT K -ELECTRICAL UTILITY EASEMENTS
MARARISK PARCEL
5791 VAN
/
ALLEN WAY---111
t
ARE..\ OF MARARJSK
PARCEL DRAINING
ONTO GC NET PARCEL
ITTH
I [r
I
20 10
, /~
''-
0 20 40 &C 00
'-0
GRAPH:C SCALE 1' = 20'
I
I
\
I
I
\
I
I
\
l
I
\
I
I
I
'I
I
, L f
MARARISK BUILDING
5791 VAN ALLEN WAY
APN: 2 12-130-45-00
---
LIFE PARCEL
5792 VAN ALLEN WAY
APN: 212-130-49-00
'FUTURE BUILDING'
EXHIBIT M -CROSS DRAINAGE
,,.· l
I
""" ~
,?
GC NET BUILDING
5781 VANALLEN WAY
APN: 2 l 2-130-44-00
PORTION OF LIFE PARCEL DRAINING
ONTO GC NET PARCEL
/✓-· WJl 1111111111
' ' r11
---+~-+ I I I I I
00 '° --~ 0 <') N S:l f-Vi w :::
z
I-I
I
I
\
I
I
\
,,
.
,,,,
i,_,_
\--;-
I
I
I
\
I
I
I
I
I
I
I
I
I
l
'I
I
MARARISK BUILDING
5791 VAN ALLEN WAY
APN: 2 12-130-45-00
PORTION OF MARARISK PARCEL AS
PERMANENT EASEMENT FOR VEHICULAR ---~---:-AND PEDESTRIAN ACCESS TO AND FROM 'l GC NET AND LIFE PARCELS
" j
' .. --,· ... r ... I t ,. ~, '
~ .. ,.. ,. .... ~"-
'l f ~ ....
~ ....
~ ,,, (J> " ,._ .... = r.c ...
n = -. ,,
7 = '.
I
' I,
"" PORTION OF LIFE PARCEL AS
PERMANENT EASEMENT FOR
VEHICULAR AND PEDESTRIAN
ACCESS TO AND FROM GC NET
AND MARARISK PARCELS
I I
LIFE PARCEL
5792 VAN AUEN WAY .,
,,
APN: 212-130-49-00
'FUTURE BUILDING'
"' .
.
,;:· .
~
Q-
EXHIBIT N -VEHICULAR & PEDESTRIAN ACCESS
L:_ ~ '" 5781 VANALLEN WAY
"' I APN: 212-130-44-00
GC NET BUILDING
::o' o:s
ii/ 0 p::;
11) .... o:s > ·c .< / I e:. .
->_· .. I]] 1111
~ ~
PORTION OF GC NET PARCEL AS
PERMANENT EASEMENT FOR VEHIC
AND PEDESTRIAN ACCESS TO AND F
MARARISKAND LIFE PARCELS
i::: ~ :;:
i::: o:s
I ~ I I I I I I I I > ,_
0
' \-.. v~~ "'¼.c; ,, .
r-"'~ ' ~YI~ / ,-. 1v-1~ .
' .Ro-10 -'/, '
0 11) .!::: .... i::: 11)
11) ..c:: .... -~
~ ~
' 11) > ·c
.... 0 --11)
<.) , 1:i-... i::: . '-t I .....
I I •· I
\~---'
.......
Tl1
o:s .t:: i::: µ:)
i::: 00 ·a '-0 ~
,',~ ---+~-+ I I I II
11) a: 0 ..... (") 0 N z ~ I-Cl)
U-l ~
\
EXHIBIT 0-PUBLIC STORM DRAIN VACATED
00 v:,
Exhibit 0-2
LEGAL DESCRIPTION
DRAINAGE EASEMENT VACATION
PR 11-27
That certain 20 foot wide drainage easement as dedicated in Parcel 1 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, the centerline of which is described as follows:
COMMENCING at the corner common to Parcel A of Certificate of Compliance
recorded on Oct6ber 27, 1998 as Doc. 1998-0696720, of Official Records,
Parcel 1 and the Easterly Right-of-Way of Van Allen Way as shown on said
Parcel Map, that portion of said Right-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-Way
Northwesterly 16.56 feet through a central angle of 15°48'43" to the
TRUE POINT OF BEGINNING; thence leaving said Right-of-Way North
35°50'53" 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 Way line of
College Boulevard as shown on said Parcel Map, said point being the
POINT OF TERMINUS.
CONTAINING 0.399 Acres, 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 CONSUL TING
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, California 92124
JN 25-104481
August 23, 2011
Page 1 of 1
WEST\223091116.8
EXHIBIT 0-3
\ ' PARCEL 2 PR 11-27
\ APN 212-130-45
I
\ ' \-·
' \ \t
cf i~ ii I I
I ,
I
I
PARCEL MAP 17971 PARCEL 1
APN 212-130-44
.P. .B Nss·25•37"E
104.37'
N35.50'53"E 607.77'
TO BE VACATED PER ' t.=15'48'43"
STV11-01 R=60.00'
N63"25'17"E IR)\ L=16.56' --------------------~-,,
PARCEL A CERTIFICATE OF COMPLIANCE
DOC. #1998-0696720
APN 212-130-49
sso·42'27"E
157.70'
P.O.T.
--1-----------------I ----·-----CXl.LBE _<t}OJL~---------
/ I
I
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.
T.P.O.B.
P.O.T.
(R)
INDICATES POINT OF COMMENCING
INOICA TES TRUE POINT OF BEGINNING
INDICATES POINT OF TERMINUS
INDICATES RADIAL
PROJECT: PUD 09-02(8)
PREPARED BY: REQUESTED BY:
9755 CLAIAEMONT MESA BOULEVARD. SUITE 100
■ ■ ■ SAN DIEGO. CALIFOANIA 92124·1324
co N s u LT I N G 858,614,5000 • FAX 858.6145001 • www,RBF,com
DWG. PR 11-27
A. P. N. 212-130-44
DATE a/23/11
EXHIBIT '8'
H: \PDATA \25104481 \CADD\MAPPING\EXHl8I TS\4481-EXH02-VACA,DWG GLIN0OUIST 8/2.3/2011
WEST\223091 I 16.8
Exhibit 0-4
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°31 158" E 55.85 1 ," 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°31 158" 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 North 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°51'05" 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 CONSUL TING
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, California 92124
JN 25-104481
August 23, 2011
Page 1 of 1
WEST\223091116.8
I
EXJUBIT o~s
PARCEL 2 PR 11-27
APN 212-130-45
PARCEL MAP 17971
-....... -.......
........
TO BE VACATED PER
STV11-01
APN 212-130-49
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
P.O.B.
(R)
INDICATES DRAINAGE EASEMENT VACATED.
AREA = 509 SQ. FT.
INDICATES POINT OF BEGINNING
INDICATES RADIAL
PARCEL 1
APN 212-130-44
PROJECT: PUD 09-02(8)
PREPARED BY: REQUESTED BY:
~ 9755 CLAIREOONT UESA BOUI.EVAIO, SUITE 100 ,4e
■ ■ ■ SAN DIEGO, CALIFORNIA 92124-1324 , . . ,
c CJ N s UL Tl NG 858.614.5000 • FAX 858.614.5001 • www.ABF.com
DWG. PR 11-27
A. P. N. 212-130-49
DATE a/23/11
EXHIBIT 'D'
H·\POATA\?ci1044A1\CA[)l)\MAPPING\EXHIBITS\4481-EXH03 VACA.owe GLINOQUIST 8/23/2011 9:
WEST\223091116.8
I
\
\
\
I
\
...
I
\
0 < 0 "' ~ CD ::::> ~ w :::> z w ~
~ ~ < u.
i.
\
I
I
\
I
I
I
l
·1
I
MARARISK BUILDING
5791 VAN ALLEN WAY
APN: 212-130-45-00
--
STREET LIGHT TO BECOME
PRIVATELY OWNED BY THE OWNER
OF THE LIFE PARCEL MAINTENANCE
SHALL BE PROVIDED PER THE
AGREEMENT.
LIFE PARCEL
5792 VAN AUEN WAY
APN: 212-130-49-00
'FUTURE BUILDING'
EXHIBIT P -STREET LIGHTS
,,
GC NET BUILDING
5781 VANALLEN WAY
APN: 2 I 2-130-44-00
STREET LIGHT TO BECOME
PRIVATELY OWNED BY THE OWNER . "\
OF THE GC NET PARCEL
MAINTENANCE SHALL BE PROVIDED ---
PER THE AGREEMENT.
---+~-+ I I I I I
00 '°