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").
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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.
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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
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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.