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
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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