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HomeMy WebLinkAboutCUP 10-09; Spectrumflex/LJR/LA Aquatic/Campanil/JJMZ et al; 2011-0386649; Joint Use AgreementFIDELITY NATIONAL TITLE COMPANY -7^'RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) DOCtt 2011-0386649 JUL 29, 201 1 8:00 AM SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 78.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 ) 1 1 .. « ^ 1 1 1 1 ^ Space above this line for Recorder's use Assessor's Parcel Number 21 3-263-23-09-00, 21 3-263-23-1 0- 00, 213-263-23-11-00, 213-263-23- 12-00, 213-263-23-13-00, 213-263- 23-14-00, 213-263-23-15-00, 213-263-23-16-00 Project Number and Name CUP 10-09 - Christian City Church JOINT USE PARKING AGREEMENT This Joint Use Parking Agreement ("Agreement") is entered into on L\-\^-\\ between Spectrumflex Owner's Association ("Spectrumflex"); LJR, LLC, a California Limited Liabilitye-& Company ("LJR"); tA- Aquatic Ventures, LLC, a California Limited Liability Company ("LA Aquatic"); Campanil Group, LLC, a California Limited Liability Company ("Campanil"); JJMZ, LLC, a California Limited Liability Company ("JJMZ"); and TK&C, LLC, a California Limited Liability Company ("TK&C"); and (Spectrumflex, LJR, LA Aquatic, Campanil, JJMZ and TK&C and are referred to herein individually as "Owner" and collectively as the "Owners') and C3 Center, LLC, a Virginia Limited Liability Company ("C3") as the ("Developer/Owner") with respect to the following facts: RECITALS A. WHEREAS, Spectrumflex is the owner of the parking area located in the City of Carlsbad, County of San Diego, State of California as described in Exhibit "A" and shown on Exhibit B" both attached hereto and incorporated by this reference; and Rev. 2/15/2011 11113 213-263-23-09-00, 213-263-23-10-00, 213-263-23-11-00,213-263-23-12-00, 213-263-23-13-00,213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church B. WHEREAS, Spectrumflex is also the fee owner of that certain real property located on a portion of Lot 9 (APN's 213-263-21 through 213-263-23) on Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the Spectrumflex Owner's Association Parcel) and incorporated by this reference; and C. WHEREAS, LJR is the fee owner of that certain real property located on Lots 2- 4/Buildings B-E (APN's 213-263-10 through 213-263-12) at 2706, 2708 and 2710 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the LJR Parcels) and incorporated by this reference; and ><f- (LB D. WHEREAS, tA-Aquatic is the fee owner of that certain real property located on lot 1/Building A (APN 213-263-09) at 2704 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the LA Aquatic Parcel) and incorporated by this reference: and E. WHEREAS, Campanil is the fee owner of that certain real property located on Lot 5/Building F (APN 213-263-13) at 2702 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the Campanil Parcel) and incorporated by this reference; and F. WHEREAS, JJMZ is the fee owner of that certain real property located on Lot 6/Building G (APN 213-263-14) at 2700 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the JJMZ Parcel) and incorporated by this reference; and G. WHEREAS, TK&C is the fee owner of that certain real property located on Lot 7/Building H (APN 213-263-15) at 2718 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the TK&C Parcel) and incorporated by this reference; and Rev. 2/15/2011 11114 213-263-23-09-00, 213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church H. WHEREAS, C3, LLC, is the "developer/owner" of that certain real property located on Lot 8/Building I (APN: 213-263-16-00) at 2716 Gateway Road Carlsbad, California, and more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto (the Christian City Church Parcel) and incorporated by this reference; and I. WHEREAS, the Spectrumflex Owner's Association Parcel, the LJR Parcels, the Campanil Parcel, the JJMZ Parcel, the TK&C Parcel and the Christian City Church Parcel are sometimes hereinafter referred to collectively as the "Parcels;" and J. WHEREAS, the Agreement contained herein shall constitute covenants, the burdens and benefits of which shall run with the land and bind each Owner and all successive owners of the real property described herein. Accordingly, by their acceptance of a deed or other instruments vesting in such owner fee title in any of the aforementioned parcel(s), the owner shall own such fee title subject to, and hereby covenants and agrees to be bound by, the covenants and obligations incumbent upon the owner of such real property as set forth herein and shall be entitled to all rights and benefits accruing to the owner of such real property hereunder; and K. WHEREAS, because at the time Spectrumflex Office/Industrial Park was approved for development it was not known what mixture of uses would occupy the 9 buildings on this site approved for development by CT 05-09/PUD 05-07/PIP 05-06. Parking for the site was based on the assumption that the 9 buildings would consist of 75 percent office, 15 percent manufacturing and 10 percent warehouse land uses. Based on this formula it was assumed that the Christian City Church Parcel with an area of 11,080 square feet would have a parking demand of 41 spaces of the 272 parking spaces in the parking area; and L WHEREAS, Pursuant to Exhibit "B" attached hereto and incorporated by this reference, the Spectrumflex Owner's Association Parcel containing the Spectrumflex office/industrial plaza driveways and 272 parking spaces include non-exclusive easements for Rev. 2/15/2011 11115 213-263-23-09-00,213-263-23-10-00, 213-263-23-11-00, 213-263-23-12-00, 213-263-23-13-00,213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church various purposes as set forth in Declaration of Covenants and Restrictions and Reciprocal Easement Agreement as recorded July 31,2007 as Instrument No. 2007-0510735 of Official Records; and M. WHEREAS, Pursuant to Exhibit "B" attached hereto and incorporated by this reference, the Christian City Church Parcel is Building I, Lot 8 containing approximately 11,080 square feet; and N. WHEREAS, as part of the review of Christian City Church - CUP 10-09 located at 2716 Gateway Road, it was determined that during peak hours of operation on weekends (primarily Sundays) after 8:OOAM and before 10PM, this church use could generate the need for up to 93 parking spaces; and 0. WHEREAS the majority of other buildings on these parcels are occupied by or will be occupied by office, manufacturing and warehouse uses that will not be occupied after SAM or before 10PM on weekends; and P. WHEREAS, the Parcels are located adjacent to each other and access to the lots is achieved via Gateway Road; and Q. WHEREAS, this Agreement is intended to satisfy Condition No. 20 of the Conditions of Approval as set forth in Planning Commission Resolution No. 6747 for Christian City Church on January 5, 2011. R. NOW, THEREFORE, Spectrumflex Owner's Association, each individual Owner in the Spectrumflex Office/Industrial Park and C3, LLC "developer/owner" covenant and agree to the terms as follows: 1. Parking Spaces. Each owner has exclusive use of five parking spaces except C3, LLC which has only 1 parking space for exclusive use after eliminating 4 other parking spaces (total 41 restricted spaces). The remaining undivided total of 231 parking spaces shall be accessible, striped, and available 8:00 AM to 5:00 PM for the employees, guests, etc., of the parcels shown on Exhibit "B". Each Owner hereby grants and conveys to the other Owners and to their respective successors and assigns a perpetual, non-exclusive easement for parking on Rev. 2/15/2011 11116 213-263-23-09-00, 213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00,213-263-23-16-00 CUP 10-09 - Christian City Church those portions of each Owner's parcel improved for parking such that reciprocal parking rights shall exist among the Parcels for the benefit of the Owners and their tenants and occupants, and the employees, invitees, and customers of such Owners, tenants, and occupants. 2. Access. Owners and their respective successors in interest shall not construct or permit the construction of any structure in the parking areas within the parcels of or for the parcels or restripe the parking areas so as to reduce the delineated number of parking spaces pursuant to Exhibit "B" if the effect of such reduction will give rise to a violation of the City of Carlsbad's minimum parking requirements applicable to the parcels (without replacing any eliminated parking spaces with a at least as many additional parking spaces on such Owner's parcel as is necessary to comply with the City of Carlsbad's minimum parking requirement applicable to the Parcels) without approval of the City of Carlsbad City Planner. Nor shall Spectrumflex Owner's Association or their respective successors restrict access to such parking spaces by employees and guests of each of the Parcels. 3. Enforcement. Spectrumflex Owner's Association shall be primarily responsible for enforcement of this Agreement. The City of Carlsbad may also enforce this Agreement through any and all means available, including recordation on the Property title or on the title of any parcel whose occupant violates this Agreement of a Notice of Violation, and revocation of CUP 10-09 or the CUP of any violator operating on the Property. 4. Covenant Running with the Land. This Agreement contained herein shall be recorded on the title for each parcel and shall constitute covenants, the burden and benefits of which shall run with the land and bind current and successive owners of the buildings on the Property. 5. Modification or Termination. This Agreement shall not be modified or terminated except by written agreement approved by the City Attorney and executed by each of the Owners of the Parcels at the time of the proposed modification or amendment which is to be recorded in the Office of the County Recorder of San Diego County, California. 6. Recordation. This Agreement shall be recorded in the Office of the County Recorder of San Diego County, California and shall serve as notice to all future owners and tenants of the Property that their use shall be benefited and/or burdened in the manner described herein. Rev. 2/15/2011 11117 APPROVED AS TO CONTENT: CITY OF CARLSBAD DON NEU, Planning Director 213-263-23-09-00, 213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00,213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church APPROVED AS TO CONTENT & FORM: CITY OF CARLSBAD RONALD R. BALL, City Attorney Date MOBALDI istant City Attorney Date Rev. 2/15/2011 11118 213-263-23-09-00, 213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Print name and title (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership- authorizing the partner to execute this instrument). * For more than three owners, please print copies as needed. Rev. 2/15/2011 11119 STATE OF CALIFORNIA COUNTY OF 3AN PIEQP On — 2-o(( personally appeared /\o before va PL Notary Public, _, who proved to me__________ on the basis of satisfactory evidence to be the person(?) whose nameXs](js/are subscribed to the within instrument and acknowledged to me that(jTe/s!he/fhey executed the same in(fji|/het#heir authorized capacity(ies), and that by (hls^iecftheir signature^) on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal (Signature of No ROYA TAHMORESI Commitiion * 1901505 Notary Public - California Orange County LComm. Expires S«iltZOul Rev. 12/17/2007 11120 213-263-23-09-00, 213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Owner's Name Signature and Date Print name and title (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). * For more than three owners, please print copies as needed. Rev. 2/15/2011 11121 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of 3^ On /A>/ %i*' I Date personally appeared before me,<,«- Here Insert Name and f the Officer CommistiOfl * 1926501 Notary Public • CaHfomto San Ditgo County MyComm.E^MM21.20t5J who proved to me on the basis of satisfactory evidence to be the person^) whose name(g)4s)afe'' subscribed to the within instrument and acknowledged to me that (Iriipshe/tkey executed the same in authorized capacity(ies7; and that by signature^] on the instrument the person(g), or the entity upon behalf of which the person(p) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: OPTIONAL iature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINTOF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINTOF SIGNER Top of thumb here Signer Is Representing:. © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907 11122 213-263-23-09-00,213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00,213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Owner's Name Print name and title (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). * For more than three owners, please print copies as needed. Rev. 2/15/2011 11123 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On A PJZ.IC £ t -2.to(before me, Te. p Ge.efe"AJ€T M AC. HOT g. A Notary Public, personally appeared Te. p e.efe"AJ€T _ , who 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Notary) !LINDA MAIHOTRA CommlMton # 1783736 Notary Public • California iSanta Barbara County - MVCamm.B«9kMDK!7.2011 | Rev. 12/17/2007 11124 213-263-23-09-00,213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Owner's Name Signature and Date ^€> \ Print name and title (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA 11125 COUNTY OF SAN DIEGO On before me, K. D. McLaughttn Notary Public, personally appeared , who proved to me e subscribed to the 'r/the'ir on the basis of satisfactory evidence to be the personte) whose within instrument and acknowledged to me tha{^ne/£he/th^y executed the same i authorized capacity(ies), and that by(njs/n^/theHr signature^) on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.-"*r — (Signature of NVtary) K. D. MCLAUGHLIN COMM. #1738289 NOTARY PUBUC-CAUFORNIA SAN DIEGO COUK Comm. Expires April 1k. 201 1 f Rev. 12/17/2007 11126 213-263-23-09-00,213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: TKjC PooPcturttcb Owner's Name Signature and 6ate Print name and title (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). * For more than three owners, please print copies as needed. Rev. 2/15/2011 11127 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On Vot%X>U personally appeared <j/(Xn\C4 l&U before me,MloV\#ky NAonf\frV|>lW Notary Public, , who 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rnfy hand and official seal.MICHELEMAREW1LI>RD I Comnwon No. 1841026 a NOTARY PUBUC-CAUFOWi* § 8ANOCOOCOUNTY Rev. 12/17/2007 11128 213-263-23-09-00,213-263-23-10-00, 213-263-23-11 -00, 213-263-23-12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-09 - Christian City Church Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. Signature and Date Print name and title (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). * For more than three owners, please print copies as needed. Rev. 2/15/2011 11129 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On QTycuui \c( , 3 O i| before me, Pw^ \V<ty ^ Notary Public,^vpersonally appeared Au^ <\e- n ff\oJ& JL S'. 115. , who 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. WSk Cm*t£^*uimi I Notary PvMfe-Camornli I l£rCpmm.EignSMl2,2012t (Signature of/Nota " — Rev. 12/17/2007 11130 213-263-23-09-00,213-263-23-10-00, 213-263-23-1 1-00, 213-263-23-12-00, 213-263-23-13-00,213-263-23-14-00, 21 3-263-23-1 5-00, 21 3-263-23-1 6-00 CUP 10-09 - Christian City Church Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: A-TT-- - *f Owner's Name Signature and Date L-£i4-Vftt*f± ft.. ?^ct-*t& /Vfi^*J>5. Print name and title (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). * For more than three owners, please print copies as needed. Rev. 2/15/2011 CALIFORNIA ALL-FURPOSE CERTIFICATE OF ACKNOWLEDGMENT 11131 State of California County of On before me, personally appeared ftftt* (Here insert name arra title of the offict/H who proved to me on the basis of satisfactory evidence to be the person!/) whose name(^) is/a«? subscribed to the within instrument and acknowledged to me that he/sbeA&ey executed the same in his/hef/their authorized capacity(ie/), and that by his/her/their signature^) on the instrument the person^, or the entity upon behalf of which the person(/} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregping paragraph is true and correct. WITN CHARLES J.CETOLA COMMJ 17(4395NOTARY PU8UC-CAUFORNIA VISAN DIEGO COUNTY ~ MrCOMM. E«>. StPT. 25,201lt Signature of Notary Public Y (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Panes Document Date CAPACITY CLAIMED BY THE SIGNER [."I Individual (s) ( i Corporate Officer INSTRUCTIONS FOR COMPLETING THIS FORM Anv acknowledginenl completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The ,in!y exception is if a document is to he recorded outside of California. In such instances, anv alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the sig-aer). Please check the document carefully for proper notarial wording and attach this form if required. a State and County information must be the State and Coumiy where the document signer(s) personally appeared before the notary public for acknowledgment. a Date of polarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. a The notary public must print his or her name as it appeal's within his or her commission followed by a comma and then your title (notary public), a Print the name(s) of document signer(s) who personally appear at the time of nolan/.ation. a Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/4t>«yr- is /aw ) or circling the correct forms. Failure to correctly indicate this informal ion may Scad to rejection of document recording. » The notary sea! impression must be clear and photographically reproducible. Impression must not cover text ov lines. If sea! impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. a JJignaiire of the notary public must match the signature OH file with the office of the count)-1 clerk. •tf Additional information is no! required but could help to ensure this acknowledgment is not misused or attached to a different document. -'? Indicaie title or type ofattached document, number of pages and date. ''•'•:• Indicate the capacity claimed by the signer 1!'ills-claimed capacity is a corporate officer, indicate the title (i.e. C'EO, (.TO. .Secretary). <• Securely attach this document to the signed document 2008 Version CAPA v!2.10.07 800-873-9865 www.NotaryClasses.com 11132 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 of Carlsbad Tract CT 05-09 in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 15669, filed in the Office of the County Recorder of said San Diego County, January 15, 2008. PARCEL 2: Non exclusive easements for various purposes as set forth in Declaration of Covenants and Restrictions and Reciprocal Easement Agreement as recorded July 31, 2007 as Instrument No. 2007-0510735 of Official Records. APN: 213-263-09 (Lot 1) Building A 213-263-10 (Lot 2) Building B 213-263-11 (Lot3) Building C 213-263-12 (Lot 4) Building D/E 213-263-13 (Lot 5) Building F 213-263-14 (Lot 6) Building G 213-263-15 (Lot 7) Building H 213-263-16 (Lot 8) Building I 213-263-21 (Portion Lot 9) 213-263-22 (Portion Lot 9) 213-263-23 (Portion Lot 9) Owner: 4=a-Aquatic Ventures, LLC Owner: LJR, LLC Owner: LJR, LLC Owner: LJR, LLC Owner: Campanil Group, LLC Owner: JJMZ, LLC Owner: TK&C, LLC Owner: C3 Center, LLC Owner: Spectrumflex Owners Association Owner: Spectrumflex Owners Association Owner: Spectrumflex Owners Association 11133 m H55