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Home My WebLink AboutAMEND 2023-0001; Systems, Machines, Automation Components Corporation / SMAC; 2023-0282727; Joint Use AgreementRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2023-0282727 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Oct 17, 2023 10:33 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES: $185.00 (S82 Atkins: $150.00) PAGES: 8 Space above this line for Recorder's use Assessor's Parcel Number(s) 212-120-01-00 212-120-02-00 Project Number AMEND 2023-0001 ------------Project Name SMAC ------------ JOINT USE PARKING AGREEMENT This Joint Use Parking Agreement ("Agreement") is entered into on August 30, 2023 between Systems, Machines, Automation Components Corporation ("SMAC") ("Owner'' and/or collectively known as "Owners") with respect to the following facts: RECITALS A. WHEREAS, SMAC is the owner of the parking area located at 5801 and 5807 Van Allen Way in the City of Carlsbad, County of San Diego , State of California described as follows: 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 COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. 5801 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 Rev. 01 /16/2013 Assessor's Parcel Number: 212-120-01-00, 212-120-02-00 Project Number and Name: AMEND 2023-0001 -SMAC "LANDSCAPE AND MAINTENANCE EASEMENT" RECORDED JUNE 24, 2009 AS INSTRUMENT NO. 2009-0346261 OF 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 FEETWIDE),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. ("the Property"), and as depicted on Exhibit "A", attached hereto, and incorporated by this reference; and B. WHEREAS, the Property is sometimes hereinafter referred to collectively as the "Parcels;" and C. WHEREAS, SMAC LOT 75 Project at 5801 Van Allen Way (previously addressed as 5815 Van Allen Way), was approved by PUD 201 7-0008 to construct an industrial building, and parking for the building was based on the assumption that there would only require 49 parking spaces because only 40 existing employees would facilitate the new building; and D. WHEREAS, the Agreement contained herein shall constitute covenants, the burdens and benefits of which shall run with the land and bind each Owner and all su ccessive owners of the real property described herein. Accordingly, by their acceptance of a deed or other instruments vesting in such owner fee title in 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 Rev. 01/16/201 3 Assessor's Parcel Number: 212-120-01-00, 212-120-02-00 Project Number and Name: AMEND 2023-0001 -SMAC and obligations incumbent upon the owner of such real property as set forth herein and shall be entitled to all rights and benefits accruing to the owner of such real property hereunder; and E. WHEREAS, because at the time the Project (as defined below) was approved for development it was known what mixture of uses would occupy the two (2) buildings on the Parcels approved for development by PUD 2017-0008 and amended by AMEND 2023-0001 (the "Lot 74 Project" and, together with the Lot 75 Project, the "Project"}', where parking for the Parcels is based on an assumption that 149 parking spaces located onsite supporting the two (2) existing buildings is adequate to service the Project's mix of uses as supported by a Parking Accumulation Study prepared by Urban Systems Associates, Inc., March 3, 2023; and F. WHEREAS, Pursuant to Exhibit "A", attached hereto and incorporated by this reference, the Project is showing two (2) existing buildings containing 149 surface parking spaces; and G. WHEREAS, as part of the review of the Project it was determined that during its peak hours of operation from 8:00 AM - 2:00 PM on weekdays the Parcels could generate a need for up to 79 parking spaces; and H. WHEREAS, the Parcels are occupied by or will be occupied by weekday uses and not occupied on weekends; and I. WHEREAS, the Parcels are located adjacent to each other and access to the Parcels is achieved via Van Allen Way and Faraday Avenue; and J. WHEREAS, this Agreement is intended to satisfy Condition(s) No. 10 and 11 of the Conditions of Approval as set forth in Administrative Approval for AMEND 2023-0001 -SMAC on July 7, 2023. K. 1. NOW, THEREFORE, SMAC covenant and agree to the terms as follows : Parking Spaces. An undivided total of at least 149 parking spaces shall be accessible, striped, and available 8:00 AM - 7:00 PM for the employees, guests, etc., of the parcels as shown on Exhibit "A". Each Owner hereby grants and conveys to the other Owners and to their respective successors and assigns a Rev. 01 /16/2013 Assessor's Parcel Number: 212-120-01-00, 212-120-02-00 Project Number and Name: AMEND 2023-0001 -SMAC 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. 2. Access. Owners and their respective successors in interest shall not construct or permit the construction of any structure in the parking areas within the parcels of or for the parcels or restripe the parking areas so as to reduce the delineated number of parking spaces pursuant to Exhibit "A" if the effect of such reduction will give rise to a violation of the City of Carlsbad's minimum parking requirements applicable to the parcels (without replacing any elim inated parking spaces with a at least as many additional parking spaces on such Owner's parcel as is necessary to comply with the City of Carlsbad's minimum parking requirement applicable to the Parcels) without approval of the City of Carlsbad City Planner. Nor shall SMAC or their respective successors restrict access to such parking spaces by employees and guests of each of the Parcels. 3. Enforcement. SMAC and its successors and assigns shall be primarily responsible for enforcement of this Agreement. The City of Carlsbad may also enforce this Agreement through any and all means available, including recordation on the Property title or on the title of any parcel whose occupant violates this Agreement of a Notice of Violation, and revocation of AMEND 2023-0001 or the CUP of any violator operating on the Property. 4. Covenant Running with the Land. This Agreement contained herein shall be recorded on the title for each parcel and shall constitute covenants, the burden and benefits of which shall run with the land and bind current and successive owners of the buildings on the Property. 5. Non-Merger. The covenants, agreements and obligations contained in this Agreement will not merge or terminate as a result of the Parcels being under common ownership. 6. Modification or Termination. This Agreement shall not be modified or terminated except by written agreement approved by the City Attorney and executed by each of the 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. 7. Recordation. This Agreement shall be recorded in the Office of the County Recorder of San Diego County, California and shall serve as notice to all future owners and tenants of the Property that their use shall be benefited and/or burdened in the manner described herein. Rev. 0l/16/2013 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: 5801 Van Allen Way, APN 212-120-01 -00 SYSTEMS, MACHINES, AUTOMATION COMPONENTS CORPORATION, a California Corporation Owner's Name Signature and Date tt ~ Edward Neff, President and CEO Print name and title OWNER: 5807 Van Allen Way, APN 212-120-02-00 SYSTEMS, MACHINES, AUTOMATION COMPONENTS CORPORATION, a California Corporation Owner's Name Signature and Date -, Edward Neff, President and CE~ Print name and title OWNER: Owner's Name Signature and Date Print name and title (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). * For more than three owners, please print copies as needed. Rev. 01/16/2013 APPROVED AS TO CONTENT: CITY OF CARLSBAD ~~ ERIC LARDY, City Planner q{b/;).0;).1 Date I I APPROVED AS TO FORM: CITY OF CARLSBAD CINDIE K. MCMAHON, City Attorney By: Assistant City Attorney 1 (13, IQ> 7,,. Date 1 Rev. 01 /16/2013 I I I I Exhibit A I / I SMAC 5801 VAN ALLEN WAY 1-STORY BLDG LOT75 APN: 212-120-01 ··• ...... __ ··1 { ............. --._----=-· .·-1 . l(~~/ • . r- tt'• r • l~-• I I ... ~. I I -......._ • / ' ">: I L fF/~ -......._ .n-~ ~ "" / -~~~-~-~ 'I '&/7_ "'-.._h:,.. I .....,_-,......_ ------.........1 ~'----1 I -------......._~~ "f I '· .• -'? '?::; --J/ "' ' 1/ I California Acknowledgement Form 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 SAN S) \Ho On A1J b. 3{ 1 do3j before me, L.Monari (Notary Public) personally appeared ./'-l ~\N "~~ N t.fr /""-,/ who proved to me on the basis of satisfactory evidence to be the person~ whose name(~ is/afe subscribed to the within instrument and acknowledged to me that he/~y executed the same in his/lW'~r authorized capacity(i~), and that by his/~r signature(l) on the instrument the person(¥), or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California the the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ ____,J'-,-~_...;;.;...,· ___ _ (Seal) . L. MONARI I COMM . #24143760 NOTARY PUBLIC-CALIFORNIA lll SAN DIEGO COUNTY _. My Commission Expires f SEPTE~t;l~R 'l_B,j02g,_