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Home My WebLink About; Carlsbad Investment / Colonial Mall; 74-131027; Joint Use AgreementQ &&---&+a&&w?w T FILi!i'AZ& 149.- RECG~~DEDREQUEST t3"vOK 1974 bUiIL1YI I w. 803 w F.L I univ r\LLvr\uLu - *e . .r- Cixy of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 ' 'L- bkl:d4L!!- CiTY c i$!ly 2i IB 20 AH I uFF!CiAi FiEZORD< :;;,?{ EGO ~ou~~.~,~: ,AGREELNE~NT FOR JOINT PARKING FACILITIES AND GRANT OF RECIPROCAL PARXING EASEMENTS tckFiLC7 f.BLG08 RECORDER THIS AG-WEMENT is made this 8 day of {V\q -+, 1974, between CARLSBAD ILJVESTPENT CORPORATION (hereinafter referred to as Party A) and COLONIAL MALL, LTD., a Limited Partnership, (hereinafter referred to as Party B), both of Carlsbad, California. RE C I TAL S: WHEREAS, the parties own adjoining parcels of real estate in the City of Carlsbad, County of San Diego, State of California, described as follows: 1. Parcel A is owned by Party A and is described in Exhibit "A" attached hereto. 2. Parcel B is owned by Party B and is described in Exhibit "B" attached hereto. WHEREAS, Party A has constructed a restaura.nt on Parcel A known as The Wayside Inn. The principals of Farty A are also the principals of Party B and desire tci develop Parcel B for a Colonial Mall shopping and professional complc and WHEREAS, there is insufficient parking on Parcel B, to accommodate the proposed development; and WHEREAS, Section 21.44.160 of the Carlshad Municipal Code provides for the joint use of parking facilities in ~,ss~sso~'s Parcel Nos. 156--1e0-39 156-1EO-23 ar;d 156-180-35 a :: 804 v 1 4L a, certain circumstances. tion on Parcel A has been determined to be primarily a nighttime use. a portion of the parking spaces on Parcel A may be made available to satisfy the parking requirement on F’arcel B, which has been classified primarily as a daytime use; and In this case, the restaurant opera- Therefore, under the terms of the ordinance WKEmAS, Party A and Party B have asked that the City of Carlsbad approve said joint use of parking facilities in order to facilitate the planned development, it is a condi- tion of such approval that’the parties exchange mutual agreements and covenants and easements to insure that the parking spaces will be available in the future; NOW, THEREFORE, the parties agree as follows: 1. Party A hereby grants to Party B an easement in favor of Parcel B over Parcel A as follows: Tlne ease- ment is nonexclusive and the owner of Parcel B shall have the right to utilize up to a maximum of 50 parking spaces Located on Parcel A, including any necessary rights of access. 2. Party B hereby grants to Party A an easement in favor of Parcel A over Parcel B as follows: The ease- ment is nonexclusive and the owner of Parcel A shall have the right to utilize up to a maximum of 50 parkinq spaces located on Parcel B, including any necessary rights of access. . 2. - a I 805 z C” w 3. These mutual easements are superior and para- mount to the rights of any of the parties hereto in the respective servient estates so created, and the parties further agree that these covenants shall run with both par- cels of land described herein and may not be removed or modified without the consent of the City of Carlsbad, 4. In order to insure that the mutual exchange of easements is meaningful and insures adequate parking to meet the ordinance requirements of the City of Carlsbad is available to both parcels at all times, the parties further agree as follows: (a) Party A will at all times in the future keep in good repair all driveway and parking facilities located upon Parcel A, including any capital improvements made with , respect thereto. All such repairs and improvements shall be made at‘the expense of Party A. (b) Party B will at all times in the future keep in good repair all driveway and parking facilities located upon Parcel 3, including any capital improvements made with respect thereto. All such repairs and improvements shall be made at the expense of Party B. (c) These mutual covenants are superior and para- mount 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 3. w L 8696 0 .. to seek enforcement of these covenants. IN WITNESS WHEREOF, the parties hereto have executed. this agreement at Carlsbad, California, the day and year first above written. .I . Acknowledgments STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 1 ss. On May 8, 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Watson, known to me to be the President of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on beha.lf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. d and official seal. &X/&, d: h?2& NOTARY PUBLIC COUNTY OF SAN DIEGO) On May 8, 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Watson known to me to be the General Partner of the Limited Partnership that executed the within instrument and acknowl- edged to me that such partnership executed the same. -WITNESS my hand and official seal. Qcc ~L<AT A- h-x-G-e?A\ . NOTARY PUBLIC Np< I-. * ",IC 4. ____- - -- a 8o';t w EXHIBIT "A" @ Parcel "PA" of Parcel Map No. 1007, in the City of Carlsbad, County of San Diego, State of'california, according to Map recorded in the office of the County Recorder September 25, 1972 as File No. 256552, 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 County, February 15, 1894. c - - a 1 t 808 wn----- .* 5. 1 I' * . ,+ ' * 4 I L COLOMAL MALL, LTD. i EXHIBIT ?+L.- ($9 That portion of Lots 17 to 24 inclusive in Block 86 of t! Town of Carlsbad, in the County of San Diego, Stale or' California, accorCiir,g to Map thereof ~a 535, filed in th .' office of the County Recorder of Sa?? Diego County, May 2 3.888; TOGETHERWI'i'X a portion of TXX~ 115 of the own o Carlsbad, in the Cou~ty of San Diego, State of Californi zccording to Ha? thereo: No.775, filed in the office of County Recorder of San Diego Countyo February 15, 1894, descriSed as f olbcws : . Beginning at point on the Southeasterly line of Elm Aven distmt thereon Korth 55°27'00" East, 1081.98 feet from the most Westerly corner of Tract Xo. 115 as shown on Xa thereof Eo. 1661 of Carlsbad Lands, filed in the office the County Recorder of San Diego Coznty, xarch 1, 1915, point being the rr,ost Xorthnerly corncr of land described deed to George Przdhomiie, et uxl ir, deed recorded in Boc 2011, Page 005 of Ofticiai xecords; thence along the So3 easterly Line of said Prudhoirme's Land North !j5°27'C0" E 162.30 feet to a point distant thereon South !j5°27'00" ti in deed to George E. Leach, recorlred December 21, 1927 i 'Book 2395, Page 240 of Deeds; thence South 34"33'00" Eas 200.00 feet to the Southcaskerly line of said Lot 24; k3 along the Southeasterly line of sail Lot 24 arid the Sout weSterly prolongation thereof, South 55O27 '00" West, 162 feet: thence North 34°33'00" West, 200.10 €eet to the PC 015' Beginning-. EXCEPTING therefrom that portion described as follows: Beginning at a point on the Sautheasterl\l'line of Elm A\ nue, distant thereon North 55'27 *OO" East, 1141i98 feet from the nost Westerly corner of Tract 115, as shown on thereof No. 1663. of Carlsbad Lands, filed in the office . the County Recorder of San Diego County, Narch 1, 1915; thence North 55O27'00" East along said Southeasterly lir 102.30 feet; thence South 34O33'00" East, 2.00 feet; tht South 55*27'00" West, 102.30 feet; thence North 3rto33'0( West, 2.00. feet to the Point of Beginning. ~ ALSO EXCEfZTING therefrom those portions described in de( to the State of California, recorded March 12, 1968 as File No. 41121 and December 10, 1968 as FiLe No. 215586 , 79.00 feet from the most Westerly corner of land ciescrik