HomeMy WebLinkAboutCT 92-07; Craig Realty Group-Carlsbad LLC; 1997-0539866; Parking Agreement-
RECXIRDED REQUEST ur‘ Firs,“a4bn;~~,~N~t~e i -
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL Td: -
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City Clerk
City of Carlsbad 1 /)‘.
i'76' uoc .N 19974539866 OCT 28, 1997 12=44 Pfl
OFFICIAL RECORDS SCIM DIEGO COUHTY RECORDER’S OFFICE GREGORYF&Sll~TH , C;;H;; RECORDER
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1200 Carlsbad Village Drive
Carlsbad, California 92008 /q .:
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/h-372-/8~ SPACE ABOVE THIS LINE FOR RECORDER’S USE
ACCESS EASEMENT AND RECIPROCAL PARKING AGREEMENT
This Access Easement and Reciprocal Parking Agreement (“Agreement”) is dated as
of October 2, 1997, by and between CRAIG REALTY GROUP - CARLSBAD, LLC, a California
limited liability company (“Craig”), and CB RANCH ENTERPRISES, a California corporation
(“CB Ranch”), with respect to ‘the following facts:
RECITALS:
A. Craig is the owner of real property in Carlsbad, California, more particularly
described in Exhibit “A” attached hereto (the “Craig Property”).
B. CB Ranch is the owner of real property in Carlsbad, California, more particularly
described in Exhibit “B” attached hereto (the “CB Ranch Property”).
C. The Craig Property and the CB Ranch Property are located adjacent to each
other.
D. The Craig Property is to be developed as a specialty retail center.
E. The CB Ranch Property is used for agricultural purposes and is known as the
Flower Fields at Carlsbad Ranch.
F. The Driveway Access Easement (as defined in Paragraph 1 below) is intended
to satisfy Condition 34 of the Conditions of Approval set forth in the City of Carlsbad Planning
Commission Resolution No. 3965 by which the City of Carlsbad approved a Site Development
Plan for the Craig Property.
G. Further, Craig and CB Ranch desire to establish for the benefit of themselves
and successor owners of the Craig Property and the CB Ranch Property mutually beneficial
parking easements and incidental easements for reciprocal vehicular and pedestrian ingress
and egress over and across those portions of the Craig Property and the CB Ranch Property
improved as parking areas.
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NOW, THEREFORE, Craig and CB Ranch hereby covenant, agree and grant as follows:
1. Grant of Drivewav Access Easement. CB Ranch hereby grants to Craig a non-
exclusive easement for right-of-way and access (the “Driveway Access Easement”) to the
Craig Property over and across the driveway area more particularly described in Exhibit “C”
attached hereto (the “Driveway Access Area”). The Driveway Access Area is depicted in
Exhibit “D” attached hereto. The Driveway Access Easement is intended to satisfy Condition
34 of the Conditions of Approval set forth on the City of Carlsbad Planning Commission
Resolution No. 3965 for Carlsbad Company Stores SDP 96-03 passed, approved and adopted
August 7, 1996. The Driveway Access Easement shall include appurtenant utility easements
if necessary to service the Driveway Access Area, subject to the obligation of the owner of
the Craig Property to bear the cost of any such connections and utility service provided to the
Driveway Access Area (except as otherwise provided in Paragraph 2 below).
2. Maintenance and Repair of Driveway Access Area. Craig, at its cost, shall be
responsible for maintaining and repairing the Driveway Access Area. Craig shall, at its cost,
install the improvements located within the Driveway Access Area in accordance with the Site
Development Plan for the Craig Property and the City of Carlsbad approved plans and
specifications for the Driveway Access Area. In the event the primary present use (as
described in Paragraph 5) of the CB Ranch Property materially changes and the owner of the
CB Ranch Property thereafter regularly uses the Driveway Access Area to service the CB
Ranch Property, maintenance, utility and repair costs attributable to the Driveway Access
Area shall be shared by the owners of the Craig Property and the CB Ranch Property in
proportion to their respective use of same, as reasonably determined by such owners.
3. Drivewav Access Easement. The Driveway Access Easement shall be
appurtenant to, and for the benefit of, the Craig Property as the dominant tenement and shall
be a burden against the CB Ranch Property as the servient tenement.
4. Grant of Reciorocal Parking Easements.
(a) CB Ranch hereby grants to Craig, and the successors and assigns of the
Craig Property and their respective successors, assigns, employees, tenants, customers,
concessionaires and invitees (collectively,“Permittees”), a non-exclusive easement for parking
purposes over the portion of the CB Ranch Property used from time to time by the owner of
the CB Ranch Property for parking together with incidental rights for vehicular and pedestrian
ingress and egress to and from the CB Ranch Property (the “Craig Parking Easement”). The
Craig Parking Easement shall include appurtenant utility easements if necessary to service the
portion of the CB Ranch Property used for parking by the owner of the Craig Property and the
incidental ingress and egress thereto, subject to the obligation of the owner of the Craig
Property to bear the cost of any such connections and utility service provided to the portion
of the CB Ranch Property used for parking for the Craig Property during such periods of use.
(b) Craig hereby grants to CB Ranch, and the successors and assigns of the
CB Ranch Property and their respective Permittees, a non-exclusive easement for parking
purposes over the portion of the Craig Property used from time to time by the owner of the
Craig Property for parking together with incidental rights for vehicular and pedestrian ingress
and egress to and from the Craig Property (the “CB Ranch Parking Easement”).
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(cl The Craig Parking Easement and the CB Ranch Parking Easement shall
be referred to together as the “Reciprocal Parking Easements.”
5. Character of Reciprocal Parkinn Easements. The Craig Parking Easement shall
be appurtenant to and for the benefit of the Craig Property as the dominant tenement and
shall be a burden against the CB Ranch Property as the servient tenement. The CB Ranch
Parking Easement shall be appurtenant to and for the benefit of the CB Ranch Property as the
dominant tenement and shall be a burden against the Craig Property as the servient tenement.
No reciprocal parking agreement established herein shall in any way be construed as an
easement in gross to the holder of legal title to the dominant tenement or to any other person
or entity. The primary present use of the Craig Property is an outlet shopping center. The
primary present use of the CB Ranch Property is agricultural. If the primary use of either the
Craig Property or the CB Ranch Property materially changes in the future from the respective
primary present uses, either Craig or CB Ranch, or any successor owners of the Craig Property
or the CB Ranch Property, may terminate both the Reciprocal Parking Easements upon sixty
(60) days’ written notice to each other landowner. The use of the Reciprocal Parking
Easements shall be subject to such reasonable parking rules and regulations as may be
promulgated from time to time by the owners of the Craig Property and CB Ranch Property,
respectively.
6. Maintenance of Reciprocal Parkinn Easements.
(4 Craig, at its cost, shall be solely responsible for the maintenance and
repair of the parking area located on the Craig Property, including, without limitation, the
installation and construction of the parking lot improvements thereon in accordance with
applicable requirements of the City of Carlsbad.
lb) CB Ranch, at its cost, shall be solely responsible for the maintenance and
repair of the parking area located on the CB Ranch Property in a manner in keeping with its
seasonal usage. In connection with the foregoing, Craig acknowledges that CB Ranch has not
previously paved, and does not intend in the future to pave, the parking area located on the
CB Ranch Property, and if the City of Carlsbad requires any parking lot improvements to the
parking area located on the CB Ranch Property solely as a result of the Craig Parking
Easement, Craig shall have the right to terminate both Reciprocal Parking Easements. If Craig
does not exercise such right, Craig will be responsible for the cost of installing, maintaining
and repairing any such parking lot improvements.
7. Dedication. Nothing contained in this Agreement shall be deemed to be a gift
or dedication of any portion of the Driveway Access Area or the Reciprocal Parking Easements
to the general public or for the general public or for any public purpose whatsoever, and this
Agreement shall be strictly limited to and for the purposes expressed herein.
8. Enforcement. If any owner breaches any of the duties or obligations imposed
upon such owner pursuant to the covenants contained herein, then, following not less than
twenty (20) days’ prior written notice, the owner of the real property intended to be
benefitted by such duty or obligation shall have the right to: (a) seek injunctive relief to
require the defaulting owner to perform such duties and obligations; (b) seek compensation
for damages arising or resulting from the failure of the defaulting owner to perform such
duties or obligations; (c) cause such duties or obligations to be performed, in which event all
sums expended by the non-defaulting owner in causing such duties and obligations to be
223/015844-001013106884.3 alOlOll97 -3-
performed: (i) shall become a demand obligation owed by the defaulting owner to the non-
defaulting owner from the.date such sums are expended by the non-defaulting owner, (ii) shall
bear interest at the maximum rate allowed by law from the date expended by the non-
defaulting owner until repaid by the defaulting owner, and (iii) shall be subject to collection
by suit in any court of competent jurisdiction; or (d) exercise all rights or remedies otherwise
available at law, in equity or by statute. All rights and remedies shall be cumulative and not
exclusive. In any legal or equitable proceeding for the enforcement of any of the terms,
conditions, covenants or restrictions contained herein or for damages for the breach of any
of the terms, conditions, covenants or restrictions herein, the losing party shall pay the
attorneys’ fees and court costs of the prevailing party.
9. Modification or Termination. Neither this Agreement nor the easements
established herein may be modified or terminated except by a written agreement executed by
the owners of the real property asserted to be bound thereby and recorded in the Office of
the County Recorder of San Diego County, California.
10. Covenant Running With The Land. The grants, covenants and agreements
contained herein shall constitute covenants, the burdens and benefits of which shall run with
the land and bind successive owners of the Craig Property and the CB Ranch Property,
respectively. Accordingly, by its acceptance of a deed or other instrument vesting in such
owner fee title in the Craig Property or the CB Ranch Property, each owner of the respective
properties shall take 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.
11. Transfer of Fee Title. If any owner shall convey its entire fee interest in the
Craig Property or the CB Ranch Property from and after the date of such conveyance the
conveying owner shall be automatically free of all liabilities respecting the performance of the
covenants contained in this Agreement thereafter to be performed with respect to the real
property conveyed, it being intended that the covenants contained herein shall be binding
upon the owners of the Craig Property and the CB Ranch Property only during such time as
they own the same; provided, however, that the conveying owner shall remain liable for any
actions taken or omissions made during such owner’s period of ownership of the Craig
Property or the CB Ranch Property.
12. Recordation. This Agreement shall be recorded in Office of the County Recorder
of San Diego County, California and shall serve as notice to all future owners that their use
of the Craig Property and/or the CB Ranch Property shall be benefitted and/or burdened in the
manner herein described.
223/015844-001013106884.3 a10101197 -4-
180
The parties hereto have executed this Access Easement and Reciprocal Parking
Agreement as of the date first above written.
CRAIG REALTY GROUP - CARLSBAD, LLC,
a California limited liability company
By: CARLSBAD CRG PARTNERS,
a California general partnership,
Manager A
“Craig”
CB RANCH ENTERPRISES,
223/015844-0010/310688~.3 a10/01/97
“CB Ranch”
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STATE OF CALIFORNIA 1
COUNTY OF @J%M&
) ss.
1 ”
: 18 1,
On Q/l&u- 3co9 1997, before me, the undersigned Notary Public, personally
appeared STEVEN L. CRAIG &ersonally known to me or 0 WM.&
m to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
(S E A L)
STATE OF CALIFORNIA 1
) ss.
COUNTY OF S$d PI@30 I
On@- b 1997, before me, the undersigned Notary Public, personally
appeared CHRISTOPHER C. C’ALKINS &@ersonally known to me o+-&prrr
S to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
(S E A L)
223/015844-0010l3106884.3 a10101197 -6-
: 182
EXHIBIT “A”
LEGAL DESCRIPTION OF THE CRAIG PROPERTY
Lot 3 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2) in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 13078, filed in the
Office of the County Recorder of San Diego County on December 28, 1993.
And Lot 2 of Carlsbad Tract C.T. 94-09, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 13357, filed in the Office of the Cqunty Recorder
of San Diego County on September 11, 1996.
EXHIBIT “A”
TO ACCESS EASEMENT, RECIPROCAL PARKING AGREEMENT
AND SIGN EASEMENT
223/015844-001013106884.3 a10/01/97
EXHIBIT “B”
LEGAL DESCRIPTION OF THE CB RANCH PROPERTY
Lot 1 of Carlsbad Tract No. 94-09 (Carlsbad Ranch Unit 11, in the City of Carlsbad, County
of San Diego, State of California according to Map No. 13357 filed in the Office of the County
Recorder of San Diego County, California on September 11, 1996.
EXHIBIT “B”
TO ACCESS EASEMENT, RECIPROCAL PARKING AGREEMENT
AND SIGN EASEMENT
223/015844-001013106884.3 al 0101197
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EXHIBIT “C”
LEGAL DESCRIPTION OF DRIVEWAY ACCESS AREA
ALL THAT PORTION OF LOT 1 OF CARLSBAD TRACT 94-09, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
13557, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 11, 1996, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 2; THENCE SOUTH 48°00’34”
WEST, 32.02 FEET ALONG THE SOUTHEAST PROPERTY LINE OF LOT 2 TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEAST PROPERTY LINE OF LOT 2,
SOUTH 36O39’15” EAST 116.26; THENCE SOUTH 51 O48’10” WEST, 188.92 FEET;
THENCE NORTH 35O 19’20” WEST, 50,06 FEET, THENCE NORTH 51 O48’10” EAST, 112.00
FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE CONTINUING ALONG SAID 30.00 FOOT RADIUS CURVE THROUGH
A CENTRAL ANGLE OF 74Ol7’21 w A DISTANCE OF 38.90 FEET; THENCE NORTH
22O29’11” WEST, 43.52 FEET TO A POINT ON THE SOUTHEAST PROPERTY LINE OF LOT
2; THENCE NORTH 48OO0’34” EAST, 27.47 FEET ALONG THE SOUTHEAST PROPERTY LINE
OF LOT 2 TO THE TRUE POINT OF BEGINNING.
EXHIBIT “C”
TO ACCESS EASEMENT, RECIPROCAL PARKING AGREEMENT
AND SIGN EASEMENT
223/015044-001013106604.3 a10/01/97
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w SI , i PIAN OF DRIVEWAY ACCESS AR&
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LUI L
SCALE 1’ = 100’
LOT 1 MAP NO. 13357
Il!i!m
CB RANCH ENTERPRISES,
A CALIFClRNiA CORPORATION
) INE DATA
Ll 32.02’ N48’00’34’E
L2 116.26’ N36’39’15’W !
L3 50.06’ N35’19’20’U
t4 112.00’ N51 l 48’1 O’E PASEO DEL NORX DEDICATION BY
SEPARATE DIYCUNENT
L5 43,52’ N22’29’-11 ‘Y
L6 27.47’ N48’00’34’E
~j,,J&~ DATA
Cl L = 38.90’ R = 30.00’ A = 74’17’21’
@,g$ Of BEARlY~ !
TM BASIS OF BEARING FOR THIS
EASEMENT IS THE EASTERLY LINE
OF LX 2 AS StieUN ON MAP 13357. I.E. NORTH 22’29’26’ WEST
LFr,AI QEScRIPtm
LOT 1 OF CT 94-09, IN THE CITY Of
CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNlA, ACCORDING TO HAP THEREDF NO. 13357, FILED IN ‘l’HE OfFICE OF THE COUNTY RECORSIER OF SAN DIEGO COUNTY, SEPT 11, 1996.
PREPARElj BY:
CHARLES S. KAHR
KAHR AND ASSOCIATES
$600 ‘AVENIDA ENCINAS, SUITE 104 CARLSBAD, CA 92008
c619) 438-5
APN: 211-022-15
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/ RECORDING REQUESTED BY
AND-CORDED PLEASE
CW&/W&ma--92008
APPROVAL OF RECORDING AND SUBORDINATION BY LENDER
(“Declaration”)
PO E?YK appm v wn@@~/ J+Q5l.F? t-
WELLS FARGO BANK, National Association as “Beneficiary” under that certain deed of trust dated
May 23, 1997, recorded May 29, 1997 as Instrument No. 1997-0250220 in the Official Records of San
Diego County, California (“Deed of Trust”), hereby approves and consents to the recording of this
Declaration, and subordinates the lien of said Deed of Trust to the Access Easement and Reciprocal
Parking Agreement (“Agreement”) dated October 2, 1997, by and between CRAIG REALTY GROUP -
CARLSBAD, LLC, a California limited liability company (“Craig”), and CB RANCH ENTERPRISES,
a California corporation (“CB Ranch”) to which this Declaration is attached, and to each and every
provision thereof and all easements provided for thereunder, however and whenever granted.
BENEFICIARY:
WELLS FARGO BANK, National Association
By:
Its:
H:\CFtAICi.ACC
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STATE OF CALIFORNIA 1
COUNTY OF d-94
iss.
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On 4e before me* 44 M-5L AN0 TITLE Of 0ffICE.R
personal!y appeared
NAME(S) Of SIGNER(S)
personally known to me - OR - - 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 m.
authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the &tity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for 0Rcial notary seal.)
Title or Type of Document
Oate of Document L/d&a/
/
/3 . No. of Pages
I Signer(s) other than named above HOW I