Loading...
HomeMy WebLinkAboutSP 126; Colonial Mall Ltd.; Specific Plan (SP)SP126 COLONIAL MALL, LTD. APN: None SEE ZC 121 Fro* HARVEY LYONS October 26, 2007 City of Carlsbad Attn: DonNeu 1635 Faraday Ave Carlsbad, CA 92008 Re: 3050 Pio Pico Drive, Carlsbad, CA 92008 Dear Mr. Neu, Herewith attached is a copy of the recorded document. Please see the last page for reference. Please call me with any questions you may have. Thanking You, 3252 Holiday Ct. #223 • Lajolla, CA 92037 • 858-452-8363/tel • 858-450-1843/fax Please complete this information. RECORDING REQUESTED BY:ZyfisiiT7/' /fiv-fff*jf»z, ~n- AND WHEN RECORDED MAIL TO:THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON OCT 2S. 2007 DOCUMENT NUMBER 2007-0686366 GREGORY J. SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 2:19 PM Space above this line reserved for Recorder's Use Only Govt. Code 27361.6 (Please fill in document title(s) on this line) Govt. Code 27324 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Govt. Code 27361.6 (Additional recording fee applies) Recording Requested By: Fidelity National Title Co 'When Recorded Mail To: Harvey Lyons 3252 Holiday Court #223 La JollaCA 92037 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Supplemental Agreement for Joint Parking and Maintenance This Agreement is made this 30th DAY OF AUGUST 2007 between BJ Properties & Management, LLC, a Nevada Limited Liability Company, to be held in Series C, hereinafter referred to as "BJ Properties", the owner of Parcel A, and Harvey Lyons, as Trustee of The Lyons Revocable Family Trust, hereinafter referred to as "Lyons Trust" the owner of Parcel B. BJ Properties is the successor in interest to COLONIAL MALL LTD, a Limited Partnership and is the owner of Assessors Parcel No# 156-180-45 at 1207 Carlsbad Village Dr Carlsbad CA 92008, more fully described as Parcel A in the City of Carlsbad, County of San Diego, State of California, as shown at Page 3204 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, November 13, 1974, and hereinafter referred to as Parcel A and having acquired its ownership interest pursuant to a grant deed dated May 22, 2006 and recorded on June 7, 2006 as Document No. 2006-0401590 of the official records of the County Recorder of San Diego County. The Lyons Trust is the successor in interest to CARLSBAD INVESTMENT CORPORATION, and is the owner of Assessors parcel No # 156-180-44-00, at 3050 Pio Pico Dr Carlsbad CA 92008 more fully described as Parcel B of Parcel Map No. 3598, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, February 28, 1975, hereinafter referred to as Parcel B; having acquired its ownership pursuant to a grant deed dated February 18, 2004 and recorded February 20, 2004 as Document No. 2004-0132913 of the official records of the County Recorder of San Diego County. BJ Properties and the Lyons Trust, as the successor owners of record of Parcel A and Parcel B as described above, hereby agree to replace and supercede in its entirety, that certain agreement executed on December 28, 1981 and recorded on January 13,1982 as document # 82-008986 of the official records of the County Recorder of San Diego County, hereinafter referred to as the 1982 Agreement, and replace it with this document. BJ Properties and the Lyons Trust, as the successor owners of Parcel A and Parcel B hereby supplement and further define the extent of the joint use of parking facilities over Parcel B, as granted to Parcel A in the agreement dated May 8th 1974 and recorded on May 20th 1974 in book 1974, page number 803 as Instrument No# 74-131027, hereinafter referred to as the "1974 Agreement" and the parties herewith establish certain additional obligations of joint use, maintenance and repair and a sharing of a pro-rata proportional share of the real property taxes as a joint expense. Now therefore, the parties agree that only that portion of Parcel B, more fully described as Parcel C in the legal description attached hereto as "Attachment 1" and incorporated herein by reference, constitutes the parking available for nonexclusive, joint usage by the owner of Parcel A, including all rights of access to Parcel C. The Lyons Trust as the owner of Parcel B hereby confirms that the easement in favor of the owner of Parcel A for the nonexclusive, joint use of all the designated parking on Parcel B, as more specifically described as Parcel C in the "Attachment 1" includes all rights of access to Parcel C.1 It is further agreed that the owner of Parcel A shall be equaj^rresponsible with the owner of Parcel B for all ongoing property taxes, maintenance and repair of tha^porti^>of Parcel Bjjlescribea! as Initial JP Initia^V/^ InitU Page (1 ytj^ Parcel C in the legal description attached hereto as "Attachment 1" and as further referenced in Addendum "D " as attached, which constitutes approximately 20% of the total Parcel B. The parties herein acknowledge that the restaurants operating on Parcel B are open day and night and as such require parking at all times and that reciprocal parking shall be maintained pursuant to Specific Plan 25(A) as approved by Planning Commission Resolution 1141, dated March 11, 1975 . Paragraph 4(c) of the Agreement For Joint Parking Facilities And Grant of Reciprocal Parking Easements, on file with the Recorder for County of San Diego, document number 74-131027, is modified to read as follows: These mutual covenants are superior and paramount to the rights of any of the parties in the respective servient estates so created, and the parties further agree that these covenants shall run with both parcels of land described herein. The City of Carlsbad retains the right, but not the obligation to seek enforcement of these covenants. Notwithstanding the prior sentence, the parties hereto retains all rights and obligations, independent of the City of Carlsbad, to enforce these mutual covenants. The 1974 Agreement continues to remain in force and effect subject to the changes as specified in this agreement. All other agreements with the exception of the 1982 Agreement continue to remain in force and effect. Both parties agree that these covenants shall run with both parcels of land described herein. See Addendum "D" as attached which references Parcel A as Lot "A" and Parcel B as Lots "B" & "C" and which is incorporated into and as part of this agreement. Agreed to and executed -72C BJ Properties & Management, LLC a Ne (Parcel A) L. Lacombe Liability Company, to be held in Series C Agreed to and executed Trust (Parcel B) \ , [SEE NOTARY JURATS ON PAGES 3 & 4] (Page 2 of 8) STATE OF CALIFORNIA COUNTY OF On October 8th ,2007 before me^YJ^lA-B-ROOKS^aJslotary Public in and for said State, personally appeared HARVEY LYONSxfJgrsonally known tome/^ proved to me on the basis of satisfactory evidence to be the person(s)^dies€-rraTnefsrfs7aresubscribed 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 persons(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SYLVIA BROOKS COMM. #1625156 Notary Public • California g , San Diego County -* Mv Cornm. Expires Nov. 29, 2009 \COUNTY AND STATE (Page 3 of 8) STATE OF CALIFORNIA COUNTY OF On /0//?/&GQ~7 ,2007 before me, for said State, personally appeared j// , a Notary Public in and personally known to me/_ proved to me on the basis of satisfactory evidence 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 persons(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv.hand anrl nffif ia.1 st-al SYLVIA BROOKS COMM. #1625156 Notary Public • California San Diego County My Comm. Expires Nov. 29, 2009 STATE OF CALIFORNIA COUNTY NOTARY PUBLICTN-AN-9-FLKTTNT STATE On /0//?/£&0? ,2007 before me,a Notary Public in and personally known tofor said State, personally appeared proved to me on the basis of satisfactory evidence 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 persons(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, .executed the instrument. WITNESS my hand and official seal COMM. #1625156 Notary Public - California San Diego Coup'" i Comrajxpires Nov. •fciOTARY PUBJjt IN AND FOR SAITJ^QUNTY AND STATE 3 (Page 4 of 8) Attachment 1 Parcel C That portion of Parcel B of Parcel Map No. 3598 lying Northeasterly of that certain course of North 340'00' 00" West 274.42 feet, as shown on said map, in the City of Carlsbad, County of San Diego, State of California, according to Map recorded in the . office of the County Recorder February 28, 1975 as File No. 75-047328, being'a portion of Tract 115 of Carlsbad according to Amended Map of the Town of Carlsbad, Map No. 775, filed'in the office of the County Recorder of San.Diego, February 15, 1894. IF, nf ADDEMDUM "D" I I I I HC I. 1, HC I, I. I. I I 27 ,t J K I 2S 24 23 22 21 | | |"| TRASH ENTRANCE-LOT "A" 'l li '\ X ]>] n ]lt j 39 1 41 I I. I. I I. I. I. I. COLONIAL MALL 1207 CARLSBAD VILLAGE OR CARLSBAD CA 92008 14931SQFT LOT "A" PLOT MAP OF1207 CARLSBAD VILLAGE DRIVE (COLONIAL MALL) CARLSBAD CA 92008 AND 3050 PIO PICO DR CARLSBAD CA 92008 (NOT TO SCALE. PURELY FOR PLACEMENT PURPOSES) GARDEN AMD CURB FLOWER GARDEN AND CURS TRASH AREA \ I I 1 I I I I II i I I I I I I ! I ' j 2 J 3 J 4 j 5 J 6 j 7 J S J 3 J 10 J LOT "C" JOINT PARKING LOT. ^-WALKWAY PARKING SPACES 1 THRU 20 "~ ARE FOR USE OF TENANTS AND GUESTS OF BOTH LOT•A-AND LOT-a- m 12 fl3 f 14 f 15 ( is ( 17 ( u f H f 20 ( -J I ??I i I I I I I I I > Om mx SOUTH- i i i i. \^ SPEED AND WATER FLOW ' DIRECTION BUMP -EXIT '] 51 j 27 J 2» J 29 j 30 j 31 j 32 'j 33 'j 34 'j 35 £ TRAFFIC FLOW LOT "B" H>- I ! I!HC k '"• i. ! I I i I .68 \ '^ 67 i 43 .1 « j 45 j W )_ 47 I LOT "B" TRAFFIC FLOW > O KEY-PAD CONTROLLED BOOM ENTERENCE. OPENSAUTOMATICALLY AT 1OAM CLOSES I2PM EACH DAY. - OWNERS OF 1207 CARL 58 AO VILLAGE DR CARLS SAO CA 92006 HAVE 96EH SUPPLIED 10 MULTI-USE ACCESS COOES TO OPEN BOOM ANYTIME. { 60 J j 3 'i\\» \» \ »M \ \ FLOWER GARDEN AND CURB H"11 . JN III .1 f 53 I 52 ( 51 ( 50 t « f « T i' i i \ f I'I .1 i I .i .i.. I o 6 c:O 7~/Jiff -,>7g of w City of Carlsbad Planning Department September 24, 2007 Mr. Harvey Lyons 3252 Holiday Court, #223 LaJolla, CA 92037 RE: PIO PICO PROPERTY/COLONIAL MALL PROPERTY PARKING AGREEMENT Dear Mr. Lyons: The City of Carlsbad has reviewed the latest version of the Supplemental Agreement for Joint Parking and Maintenance (the "Agreement") dated August 20, 2007. The Agreement complies with all changes requested by the City of Carlsbad on August 9, 2007. Therefore, the City of Carlsbad is with this letter hereby providing written consent of approval of the proposed Agreement, as required by the original recorded agreement (Doc # 74-131027). Once you have recorded the Agreement, please submit a recorded copy to our offices for our files. Once we have received the recorded copy of the Agreement, it will be forwarded to our City Attorney and Code Enforcement offices for closure on this issue. Should you have any questions or need any further assistance regarding this issue, please contact Gary T. Barberio, Assistant Planning Director at (760) 602-4606. DON NEU Planning Director DN:GTB:bd Jane Mobaldi, Assistant City Attorney Paul Edmdndson, Deputy City Attorney Gary T. Barberio, Assistant Planning Director Van Lynch, Senior Planner Mr. Bruce Brown, Colonial Mall 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us