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HomeMy WebLinkAboutPUD 2017-0008; Systems, Machines, Automation Components Corporation / SMAC; 2023-0278329; Joint Use AgreementRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2023-0278329 111111111111111111111111111111111111111111 IIHI 11111 l11111111111111111 Oct 13, 2023 10:01 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : PROJECT NO.: PROJECT NAME: 212-130-34-00 212-120-02-00 212-120-01-00 PUD 2017-0008 SMAC LOT75 RELEASE OF JOINT USE PARKING AGREEMENT ON REAL PROPERTY This Release of Joint Use Parking Agreement (the "Release") is effective as of October 10, 2023, as approved by the City of Carlsbad Planning Division, City Planner, and City Attorney (collectively, the "City of Carlsbad") with respect to the following facts: A. On August 22, 2018, a Joint Use Parking Agreement (the "2018 JUPA") was conditioned for the approval of a Minor Non-Residential Planned Development, PUD 2017-0008, for reciprocal parking on 1695 Faraday Avenue, 5807 Van Allen, and 5815 Van Allen in the City of Carlsbad, County of San Diego, State of California (APNs: 212-130-34-00, 212-120-02-00, and 212-120-01-00) described as follows: "PARCEL A" (1695 FARADAY AVE, APN 212-130-34-00), described as follows: LOT 109 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5 CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16, 1991. EXCEPTING UNTO GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OIL, GAS, COAL AND IRON AND ALL OTHER MINERALS AND RIGHTS THERETO IN, UNDER OR THAT MAY BE PRODUCED FROM SAID LANDS, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF SUCH OIL, GAS, COAL, IRON AND OTHER MINERALS BY ANY MEANS METHODS SUITABLE TO GRANTEE, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT (1) ENTERING UPON OR CA 07/29/2013 UNDER OR USING THE SURFACE OF SAID LANDS OR ANY AREA UNDER SAID LANDS ABOVE A PLANE FIVE HUNDRED FEET (500') BELOW THE SURFACE USE THEREOF BY GRANTOR, ITS SUCCESSORS AND ASSIGNS AS RESERVED BY UNION PACIFIC LAND RESOURCES CORPORATIONS, A NEBRASKA CORPORATION, UPLAND INDUSTRIES CORPORATION, A NEBRASKA CORPORATION, UNION PACIFIC RESOURCES COMPANY, A DELAWARE CORPORATION, UNION PACIFIC RESOURCES GROUP INC., A UTAH CORPORATION, AND ROCK SPRINGS ROYALTY COMPANY, A UTAH CORPORATION BY DEED RECORDED DECEMBER 15, 1995 AS FILE NO. 1995-0573902, OFFICIAL RECORDS. AN EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 200 FEET OF THE EASTERLY 30 FEET OF LOT 108 OF CARLSBAD TRACT NO. 85-24, UNIT 5 OF CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16, 1991. "PARCEL B" (5807 VAN ALLEN WAY, APN 212-120-02-00), described as follows: LOT 74 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811 , FILED IN THE OFFICE OF THE COUNT, RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. "PARCEL C" (5815 VAN ALLEN WAY, APN 212-120-01-00), described as follows: LOT 75 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. AN EASEMENT FOR LANDSCAPING AND MAINTENANCE PURPOSES OVER A PORTION OF LOT 109 OF THE CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.12815, AS SET FORTH IN THAT CERTAIN "LANDSCAPE AND MAINTENANCE EASEMENT" RECORDED JUNE 24, 2009 AS INSTRUMENT NO. 2009-0346261 OF CA 07/29/2013 OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 109 OF CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12815 FILED IN THE OFFICE OF THE COUNTY RECORDER MAY 16TH, 1991 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 109, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE (84 FEET WIDE), THENCE SOUTH 58° 48' 20" WEST A DISTANCE OF 40.76 FEET, THENCE SOUTH 22° 44' 04" WEST A DISTANCE OF 260.97 FEET, THENCE SOUTH 26° 09' 22" EAST A DISTANCE OF 37.36 FEET TO THE EASTERLY LINE OF LOT 109, THENCE NORTH 12° 20' 45" EAST A DISTANCE OF 23.01 FEET TO THE SOUTHWESTERLY CORNER OF LOT 75 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 4 ACCORDING TO MAP THEREOF NO. 11811 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 19, 1987, THENCE ALONG THE WESTERLY LINE OF SAID LOT 75 NORTH 22° 44' 04" EAST A DISTANCE OF 295.85 FEET TO THE POINT OF BEGINNING. B. An Amendment, AMEND 2023-0001 , to Minor Non-Residential Planned Development Permit, PUD 2017-0008 (the "Amendment"), was approved on July 7, 2023, removing PARCEL A (and the mix of uses at 1695 Faraday Avenue) from participation in said reciprocal parking with PARCEL Band PARCEL C (and the mix of uses located at 5801 and 5807 Van Allen Way). C. On August 30, 2023, a new Joint Use Parking Agreement (the "2023 JUPA") between PARCEL B and PARCEL C was executed. RELEASE In light of the July 7, 2023, approval of the Amendment to Minor Non-Residential Planned Development Permit, PUD 2017-0008, removing PARCEL A (and the mix of uses at 1695 Faraday Avenue) from participation in said reciprocal parking with PARCEL Band PARCEL C (and the mix of uses located at 5801 and 5807 Van Allen Way), and in light of the August 30, 2023 execution of the new 2023 JUPA between PARCEL B and PARCEL C, the 2018 JUPA, recorded as Document No. 2018-0485138 on November 21 , 2018, is hereby released pursuant to the authority of the City Planner to execute and record a release thereby terminating said CA 07/29/2013 agreement upon a showing of good cause by the Developer or successor in interest, which has been duly provided. IN WITNESS WHEREOF, the City Planner, duly authorized for the City of Carlsbad causes this Release to be executed as of date entered with its signature below. CA 07/2912013 APPROVED AS TO FORM : CINDIE K. MCMAHON City Attorney By: ~ g . ~ A!!istarrt City Attorney Date: CITY OF CARLSBAD By:~~ ERIC LARDY City Planner CA 07/29/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of S°a..JI J)i~ 10 On Oc-fol,~, /O✓ 2.o.) 1 before me, Mlc..A.d:< V/CA-.t ..j./N"-J..Y, No hty f ""l,h,c. Date Here Insert Name and Title of the Officer personally appeared ____ E_r_,_·~ __ L_tA...,_(l...~'1'-------------------- Nam~) of Signe~ who proved to me on the basis of satisfactory evidence to be the person~ whose nam~ is/are subscribed to the within instrument and acknowledged to me that he/s-1:,e/tbey executed the same in his/J:,et/their authorized capacity(ieS'), and that by his/her/their signature~ on the instrument the person'8f, or the entity upon behalf of which the perso~ acted, executed the instrument. '@': MICHELE DIANE HARD;l -• COMM.12413772 ,;; ~ a . NOTARY PUBLIC-CALIFORNIA !: I SAN DIEGO COUNTY I MyCamm. ExpimAuglllt24, 2026 .JIU C C a Ca C a Place Notary Sea/ Above 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~1 ✓,L .£)~ ~~ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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