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Home My WebLink AboutPUD 2017-0008; Systems Machines Automation Components; 2018-0485138; Joint Use AgreementDOC# 2018-0485138 1111111111111111111111111111111111111 IIIII IIIII IIIII IIIII 1111111111111 Nov 21, 2018 02:49 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES, $263 00 (SB2 Atkins $225 00) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) PAGES 9 Space above this line for Recorder's use Assessor's Parcel Number 212-120-01-00 Project Number and Name PUD 2017-0008 -SMAC LOT 75 JOINT USE PARKING AGREEMENT This Joint Use Parking Agreement ("Agreement") is entered into on August 27, 2018 between Systems, Machines, Automation Components Corporation ("SMAC") ("Owner" and/or collectively known as "Owners") with respect to the following facts: RECITALS A. WHEREAS, SMAC, is the owner of the parking areas located at 1695 Faraday Avenue, 5807 Van Allen, and 5815 Van Allen in the City of Carlsbad, County of San Diego, State of California (APNs: 212-130-34-00, 212-120-02-00, and 212-120-01-00) described as follows: "PARCEL A" (1695 FARADAY AVE, APN 212-130-34-00), described as follows: LOT 109 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5 CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16, 1991. EXCEPTING UNTO GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OIL, GAS, COAL AND IRON AND ALL OTHER MINERALS AND RIGHTS THERETO IN, UNDER OR THAT MAY BE PRODUCED FROM SAID LANDS, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF SUCH OIL, GAS, COAL, IRON AND O HER MINERALS BY ANY MEANS METHODS SUITABLE TO GRANTEE, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT (1) ENTERING UPON OR UNDER OR USING THE SURFACE OF SAID LANDS OR ANY AREA UNDER SAID LANDS ABOVE A PLANE FIVE Rev, 01/16/2013 /1 ?-, "-' ___j.:.,/) Assessor's Parcel Number: 212-120-01-00 Project Number and Name: PUD 2017-0008-SMAC LOT 75 HUNDRED FEET (500') BELOW THE SURFACE USE THEREOF BY GRANTOR, ITS SUCCESSORS AND ASSIGNS AS RESERVED BY UNION PACIFIC LAND RESOURCES CORPORATIONS, A NEBRASKA CORPORATION, UPLAND INDUSTRIES CORPORATION, A NEBRASKA CORPORATION, UNION PACIFIC RESOURCES COMPANY, A DELAWARE CORPORATION, UNION PACIFIC RESOURCES GROUP INC., A UTAH CORPORATION, AND ROCK SPRINGS ROYALTY COMPANY, A UTAH CORPORATION BY DEED RECORDED DECEMBER 15, 1995 AS FILE NO. 1995-0573902, OFFICIAL RECORDS. AN EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THE NORTHERLY 200 FEET OF THE EASTERLY 30 FEET OF LOT 108 OF CARLSBAD TRACT NO. 85-24, UNIT 5 OF CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16, 1991. "PARCEL B" (5807 VAN ALLEN WAY, APN 212-120-02-00), described as follows: LOT 74 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. "PARCEL C" (5815 VAN ALLEN WAY, APN 212-120-01-00), described as follows: LOT 75 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. AN EASEMENT FOR LANDSCAPING .AND MAINTENANCE PURPOSES OVER A PORTION OF LOT 109 OF THE CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, AS SET FORTH IN THAT CERTAIN "LANDSCAPE AND MAINTENANCE EASEMENT' RECORDED JUNE 24, 2009 AS INSTRUMENT NO. 2009-0346261 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 109 OF CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO.12815 FILED IN THE OFFICE OF THE COUNTY RECORDER MAY 16TH, 1991 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 109, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE (84 FEET WIDE), THENCE SOUTH 58° 48' 20" WEST A DISTANCE OF 40.76 FEET, THENCE SOUTH Rev. 01/16/2013 Assessor's Parcel Number: 212-120-01-00 Project Number and Name: PUD 2017-0008 -SMAC LOT 75 22° 44' 04" WEST A DISTANCE OF 260.97 FEET, THENCE SOUTH 26° 09' 22" EAST A DISTANCE OF 37.36 FEET TO THE EASTERLY LINE OF LOT 109, THENCE NORTH 12° 20' 45" EAST A DISTANCE OF 23.01 FEET TO THE SOUTHWESTERLY CORNER OF LOT 75 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 4 ACCORDING TO MAP THEREOF NO. 11811 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 19, 1987, THENCE ALONG THE WESTERLY LINE OF SAID LOT 75 NORTH 22° 44' 04" EAST A DISTANCE OF 295.85 FEET TO THE POINT OF BEGINNING. ("the Property"), and more particularly described in Exhibit "A" attached hereto and incorporated by this reference; and B. WHEREAS, SMAC project at 5815 Van Allen Way, was approved by PUD 2017- 0008 to construct an industrial building, and parking for the building was based on the assumption that there would only require 49 parking spaces because only 40 existing employees would facilitate the new building; and C. WHEREAS, SMAC is the fee owner of certain real properties located at 1695 Faraday Avenue, 5807 Van Allen Way, and 5815 Van Allen Way, Carlsbad, California; and D. WHEREAS, SMAC owner of Parcels 212-130-34-00, 212-120-02-00, and 212- 120-01-00 are sometimes hereinafter referred to collectively as the "Parcels;" and E. 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 F. WHEREAS, because at the time SMAC LOT 75 (name of project) was approved for development it was known what mixture of uses would occupy the three (3) buildings on the Parcels approved for development by PUD 2017-0008. Parking for the site was based on the assumption that 251 parking spaces for all three (3) buildings is adequate to service 170 Rev. 01/16/2013 Assessor's Parcel Number: 212-120-01-00 Project Number and Name: PUD 2017-0008 -SMAC LOT 75 employees of SMAC in the Carlsbad Research Center, an R&D/lndustrial/Office/Commercial land use area; and -t G. WHEREAS, Pursuant to Exhibit "A" att~d hereto and incorporated by this reference, the SMAC Parcels showing all three (3) buildings containing 251 parking spaces; and H. WHEREAS, as part of the review of SMAC LOT 75 (project) located at 5815 Van Allen Way it was determined that during its peak hours of operation 8:00 AM -2:00 PM on weekdays the Parcels use could generate the need for up to 120 parking spaces or 0.47 percent occupation during peak hours of operation; and I. WHEREAS, SMAC's Parcels are occupied by or will be occupied by weekdays uses and not be occupied on weekends; and J. WHEREAS, the Parcels are located to each other and access to the lots is achieved via said easement in legal description, Van Allen Way, Faraday Avenue, and internal access between all three legal lots; and K. WHEREAS, this Agreement is intended to satisfy Condition(s) No. 19, 20, and 21 of the Conditions of Approval as set forth in the Administrative Approval for PUD 2017-0008 - SMAC LOT 75 on August 22, 2018. L. NOW, THEREFORE, SMAC covenant and agree to the terms as follows: 1. Parking Spaces. An undivided total of at least 251 parking spaces shall be accessible, striped, and available 8:00 AM -7:00 PM for the 170 employees of the Parcels as shown on Exhibit "A". Owner hereby grants and conveys to its respective successors and assigns a perpetual, non-exclusive easement for parking on 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. The Owners and their respective successors in interest shall not construct or permit the construction of any structure on the parking areas within the parcels or restripe the parking areas so as to reduce the delineated number of parking spaces shown on Exhibit "A" 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 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 Assessor's Parcel Number: 212-120-01-00 Project Number and Name: PUD 2017-0008 -SMAC LOT 75 applicable to the Parcels) nor shall the Owners or their respective successors in interest restrict access to such parking spaces by employees and guests of each 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 "A" 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 SMAC or their respective successors restrict access to such parking spaces by employees and guests of each of the Parcels. 3. Enforcement. SMAC 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 SMAC LOT 75-PUD 2017-0008 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. 01/16/2013 PUD 2017-0008 (DEV2017-0l,p9) -SMAC LOT 75 August 22, 2018 Page6 19. The Reciprocal Parking, Access and Maintenance Agreement shall be submitted, reviewed as to form by the city, and signed by the property owners prior to Issuance of a building permit. 20. The Reciprocal Parking, Access and Maintenance Agreement shall. apply solely to the subject properties Identified on Exhibits "A" -"Z" dated August 20, 2018. The Reciprocal Parking, Access and Maintenance Agreement shall run with the land and a tran~fer of ownership of one or more of the properties shall not affect the enforceablllty of the Agreement so long as this Non-Residential Planned Development Permit remains in effect. 21. All parking areas as shown on Exhibits "A" -"Z" dated August 20, 2018, shall remain accessible, striped, and available at all times for parking for the employees and guests of APNs 212-130-34-00, 212-120-01-00, and 212-120-02-00. Said parking areas shall not be utilized for outdoor storage or any use other than parking. 22. Prior to the Issuance of the grading permit, Developer shall submit to the city a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors In the interest that the City of Carlsbad has issued a Non- Residential Planned Development Permit on the subject properties. Said Notice of Restriction shall note the property descriptions, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. " Engineering: General 23. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 24. This project is approved upon the express condition that building permits will not be Issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 25. Developer shall submit to the City Engineer an acceptable Instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within thi~ development, including but not limited to private utilities, landscaping, enhanced paving, water quallty treatment measures, low impact development features, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 26. Developer shall submit to the City Engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. Fees/ Agreement 27. Developer shall cause property owner to execute and submit to the City Engineer for recordat!on, the city's standard form Geologic Failure Hold Harmless Agreement. \ Each of the undersignedj Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: S'/~M AA.~"1rJe~ ~.f\,\.,)f-,a,,,. eo~f•'-'-el\Jf ~ Owner's Name = ""'-.. ~ ..__ ~ -S-ig_n_a-tu-re___:_a:nd=D=a=te::::::::::--. ~ ...:. Print name title OWNER: Owner's Name Signature and Date Print name and title OWNER: Owner's Name Signature and Date Print name and title (Proper notarial acknowlRdgment of execution by Contractor must be attached.) (Chairman, president ori vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for cqrporations. 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 individµal partner, the partnership must attach a statement of partnership authorizing the partner to!. execute this instrument). * For more than three qy1: iers, please print copies as needed. CITY OF CARLSBAD APPROVED AS TO COf\.)TENT: Rev. 01/16/2013 DON NEU, City Planner 9/t]/t8~ Date' 1 Assessor's Parcel Number: 212-120-01-00 Project Number and Name: PUD 2017-0008-PUD LOT 75 APPROVED AS TO FORM: CITY OF CARLSBAD CELIA BREWER, City Attorney sistantCity Attorney qf1 fr~ Date Rev. 2/15/2011 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on September 5, 2018 before me, Peter Donovan Hastie, Notary Public (insert name and title of the officer) personally appeared _E_d_w_a_r_d_A_._N_e_ff ___________________ _ who proved to me on the basis of satisfactory evidence to be the person'8fwhose name~ is/ai:e- subscribed to the within instrument and acknowledged to me that hef•l-lalitl9y executed the same in his/Rar-.lt~&if ;1uthorized capacity(-iest-and that by his/__.~9ir signature"91 on the instrument the person~. or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENAL TY 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 _6 ..... ~-=---J..__:--_---=~;;___,__. ___ _ (Seal) I , ' I Exhibit A l!!lCIITNQ WAY a07YANALLEN HntlflYII.DQ I IL_ ________ T_R_u_E_c_o_r_Y_c_E_R_T_1_F_1c_A_T_1_o_N _______ __, (Government Code 27361_7) Place of Ex I certify under penalty of perjury that this material 1s a true copy of the original material contained in this document. /o I ~~ I IIJ Date fSignature of Declarant Type or Print Nam_e RecForm#R9_1 (Revised 11-15-10)