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HomeMy WebLinkAboutPIP 88-03; Carlsbad Oaks East Lot 36; Planned Industrial Permit (PIP) (2)TELEPHONE (619) 223-1663 TECHBILT CONSTRUCTION GORP. 3575 KENYON STREET SAN DIEGO, CALIFORNIA 92110 MAILING ADDRESS: P. 0. BOX 80036 SAN DIEGO, CALIFORNIA 92138 December 20, 1988 Wilma Diepersloot City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: Lot 36, Carlsbad Oaks East Dear Wilma: .. Enclosed for your reference is a conformed copy of the declaration of parking restrictions recorded on Lot 36 for Carlsbad Oaks East. If you have any questions, please don’t hesitate to call. Very truly yours, TECHBILT CONSTRUCTION CORP. 1 Ted Tchang TT : ka Enc . Recording Requested By When Recorded Return To: and VERA L. LYLE, COUNTY RECORDER - " McDONALD, HECHT & SOLBERG Mr. Alex C. McDonald 1100 Great American Building 600 "8" Street San Diego, California 92101 DECLARATION OF PARKING RESTRICTIONS THIS DECIARATION OF PARKING RESTRICTIONS is made by CARLSBAD OAKS EAST, LTD., a California limited partnership ("Declarant") as of December 2, 1988. RECITALS: A. Declarant is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California ("Property"), more particularly described as: Lot 36 of CARLSBAD TRACT NO. 74-21 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10372 filed in the Office of the County Recorder of San Diego County, on April 13, 1982. B. Declarant wishes to improve the Property by constructing a mixed-use project comprised of office, manufacturing and warehouse facilities containing approxi- mately 43,300 square feet of net usable area. The project was approved by Planned Industrial Permit No. 88-3 dated August 2, 1988 issued by the City of Carlsbad, Califor- nia ("City"). -1 - DEC 2 0 1988 c C. As a condition to the issuance of a building permit for the construction of buildings on the Property, the City requires that the various uses for the Property be in such proportion of the total net usable square footage so that 132 parking stalls on the Property adequately serve the parking needs of the Property, based upon the following parking ratios established by the City: Office: I stall per each 250 sq. ft. of net usable area. Manufacturing: 1 stall per each 400 sq. ft. of net usable area. Warehouse: 1 stall per each 1,000 sq. ft. of net usable area. D. In order to ensure compliance with the established parking requirements, Declarant wishes to create a covenant and restriction that will burden and run with the Property which restricts the mix of uses so that the application of the parking ratios described above to the actual-net usable square footage of office, manufacturing and warehouse uses within the Property will not exceed in the aggregate a need for more than 132 parking stalls. NOW, THEREFORE, Declarant hereby deciares as follows: 1. Covenant of Restriction. The uses of the Property for either office, manufacturing or warehouse uses shall at all times be in such relative proportions so that the application of the established parking stall ratios described in Recital C of this Declaration to the net usable square footages of the uses corresponding to such parking stall ratios will not cause the aggregate parking requirements of the Property to exceed 132 parking stalls. Under no circumstances will the aggregate net usable square footage of premises constructed on the Property and used as offices exceed 29,565 net usable square feet. Notwithstanding the foregoing, if the parking require- ments of the City become less restrictive, or more than 132 parking stalls are estab- lished within the Property, the mix of uses may be altered to permit denser use so long as the parking requirements of the Property, taking into account such less restrictive requirements or the greater number of established parking stalls, are not exceeded. 2. Bindinq on Successors. The restrictions contained in this Declaration shall bind Declarant, its successors and assigns. All of the covenants, conditions and restrictions are intended to be and are hereby declared to be covenants running with the land. -2- 3. Enforcement. The City shall have the right to enforce, by proceedings at law or in equity, the restrictions imposed by the provisions of this Declaration or any amendment hereto, including the right to prevent the violation of the restrictions herein. 4. Amendments. This Declaration may only be amended or terminated by Declarant or its successors-in-interest with the written and acknowledged consent of the Planning Director of the City. IN WITNESS WHEREOF, this Declaration has been executed by the undersigned as of the date first set forth above. CARLSBAD OAKS EAST, LTD., a California limited partnership BY: TECH CONSTRUCTION CCR?., a California corporation, General Partner Paul K. Tohang, President -3- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On this 12th day Of December , 1988, before me, Jeanette M. Schwartz , a Notary Public in and for szd state, personally appeared Paul K. Tchans , personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, and -””“ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the ”” Secretary of TECH CONSTRUCTION CORP., the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the general partners of CARLSBAD OAKS EAST, LTD., the limited partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal.