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Home My WebLink AboutADJ 04-12; EQBP-1 LLC; 2005-0275882; Certificate of Compliance/Non ComplianceDOC # 2005-0275832 Recorded at the request of Chicago Title RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 I1111llli11 lllll11111lll1111ll1 I1111 IIIII 11111 1111l11111 11111 1111 1111 APR 05,2005 2:41 PM OFFICIAL RECORDS 5AN CllEGU COUNTY HECURDER'S OFFICE GREGORY J SMITH CUIJNTY RECORDER PAGES 2 FEES 39UU WAYS 9 1 IUlll Ill11 Ill11 MI11 lllll lull UII ill ulll lull 1111 Ulll Ulll 1111 UII IIII 2005-0275882 I SPACE ABOVE THIS LINE FOR RECORDER'S USE L\3 01 0 Ltq(?t - U\) ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: 21 2-1 20-39 CE 05-06 14589 ADJ 04-12, Equus/Spectrum Parcel 3 CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) FOR ADJUSTMENT PLAT 04-12 The City Engineer has determined that the real property described below, has been divided or has resulted from a division or combining of lots in compliance with the Subdivision Map Act and with the provisions of the Carlsbad Municipal Code pursuant thereto. OW N E R (S) : DESCRIPTION: NOTE: EQBP-1, LLC, a Delaware limited liability company (See Exhibit "A" attached. Exhibit "B' is attached for clarity only.) The description in Exhibit "A" attached has been provided by the owner of the property and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall have no force and effect if the above owners or any subsequent transferee or assignee acquires any contiguous property other than a lot or lots shown on a recorded subdivision map, parcel map or record of survey map filed pursuant to and prior to repeal (Stats. 1955, Ch. 1593) of Section 11 575 of the Business and Professions Code; This Certificate of Compliance shall in no way affect the requirements of any other County, State or Federal agency that regulates development of real property. DATE: 3/3//05- BY: &S35?Wzii . City Engin46 RCE 23889 EXP. 12/31 /05 R- 33L9S BP HYDEVELOPMENT SERVICES/MASTERS/CERTlFlCATES/Certificate of Compliance ~ Adj. Plat 1/31/02 14590 State of California ) 1 County of San Diego 1 On finh 31, su 6 5 before me,%d&& d fdedV27S d ofavq &/I& 9 (Date) (Name, Title of Officer) , personally known to me - OR - 0 (or proved to me on the basis of satisfactory evidence) to be the person&) whose name(6.r is/= subscribed to the within instrument and acknowledged to me that he/&&bey executed the same in his/- authorized capacity(&), and that by hislhedtkk signatureMon the instrument the person(.& or entity upon behalf of which the person(e)-acted, executed the instrument. WITNESS my hand and official seal Notary PuMic - California (This area for official notary seal) Date of Document Signer(s) other than named above HYDEVELOPMENT SERVICES/MASTERS/CERTlFlCATES/Certificate of Compliance - Adj. Plat 1/31/02 EXH l BIT "A PARCEL 3 14591 All that portion of Lot 44 of CARLSBAD TRACT NO. 85-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11 810, filed in the Office of the County Recorder of San Diego County, May 19, 1987, being also a portion of that parcel of land described in Certificate of Compliance (CE 04-10) recorded October 6,2004 as DOC# 2004-0948730, DOC# 2004-0948731, DOC# 2004-0948732 and DOC# 2004-0948733, all of Official Records, described as follows: COMMENCING at the Southwest corner of said Lot 45, said point being on the arc of a non-tangent 1158.00 foot radius curve, concave to the North, a radial to said point bears South 05O27'55" East; thence along the Southerly line of said Lots 44 and 45 the following four (4) courses: Easterly, along said curve, through a central angle of Ol019'O4" an arc distance of 26.63 feet; thence North 83°13'01" East, 123.82 feet to the beginning of a tangent 742.00 foot radius curve, concave to the South; thence Easterly, along said curve, through a central angle of 27O45'24" an arc distance of 359.46 feet; thence South 69O01'35'' East, 144.83 feet to the TRUE POINT OF BEGINNING; thence leaving said Southerly line, North 19O58'42" East, 159.15 feet; thence South 70°01'18" East, 24.88 feet; thence North 19O58'42 East, 79.30 feet; thence North OOoOO'OO" East, 42.59 feet; thence North 90°00'OO" East, 295.88 feet; thence South OOoOO'OO'l East, 321.26 feet to the Southerly line of said Lot 44, said point being on the arc of a non-tangent 658.00 foot radius curve, concave to the North, a radial to said point bears South 08O23'28" East; thence along said Southerly line the following two (2) courses: Westerly, along said curve, through a central angle of 29°21'53" an arc distance of 337.23 feet; thence North 69°01'35" West, 74.10 feet to the TRUE POINT OF BEGINNING. Contains 2.508 acres, more or less. OCTOBER 6, 2004. . CURRENT ADDRESS 2200 k 2210 FARADAY AW CARLSBAD, CA 92009 CURRENT ASSESSOR'S PCL. NO. 212-120-37, 38, 39 k 40 BASIS OF BEARINGS ME BASIS OF BEARINGS FOR THIS DocuMavT IS A PORTION OF THE SOUTHERLY LINE OF LOT 44, MAP NO. 11810, I.E., N 69'01'35" W. OWNER/APPLICANT PREPARED BY STMNS CREST0 ENGINERING, 1%. 9665 CHESAPEAKE DR. SUITE 320 CURRENT LEGAL DESCRIPTION PARCELS 1 THROUGH 4, INCLUSIVE, OF CERTIFICATE OF COMPUA (C.O.C.) CE 04-1,0, IN ME CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF ME COUNTY RECORDER OF SAN DIEGO COUNTY, AS DOC# 2004-0948730, O.R., DOC# 2004-0948731, O.R., DOC# 2004-0948732. O.R.. DOC# 2004-0948733. O.R.. ALL RECORDED ~~ 8. WBr APN 212-120-37, 38, 39 & 4 PCL: ~1)1~2)1~3),~4) VIC IN1 TY MAP NO SCALE ~- PARCELS 1- & 2 EQBP-1, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: EQUUS PARTNERS I, LLC A DELAWARE LIMITED LIABILITY COMPANY ITS MANAGER BY: EQUUS PARTNERS, LP. A CALIFORNIA LIMITED PARTNERSHIP ITS MANAGER By: CHAD M. CARPENTER GENERAL PARTNER PARCELS 3 & 4 FARADAY SPECTRUM, LLC, 11111111 A CALIFORNIA LIMITED&IABILITY COMPANY STEVENS CREST0 ENGINEERING, IN. LICENSE EXPIRES 9/30/06 EXHIBIT "B" OWNER/APPL I CANT EQBP-1, LLC 800 SILVERADO STREET SUITE 300 LA JOLLA, CA EXISTING LOT LINE TO BE REMOVED NEW LOT LINE PER THIS ADJUSTMENT PLAT EXISTING ADJACENT LOT LINE ACCESS EASEMENT AREA PER RECIPROCAL EASEMENT AGREEMENT (REA) PER DOC# 2005-0164804, O.R. RECORDED MARCH 1, 2005 ABUTTERS* RIGHTS OF ACCESS IN AND TO FARADAY AVENUE FROM PARCELS 1, 3 AND 4 RELINQUISHED AND WAIVED, EXCEPTING AT DRIVEWAY OPENINGS NO. 1, 2 AND 3 PER DOCUMENT RECORDED OCTOBER 6, 2004 AS DOC# 2004-0948729 O.R. CE 05-04,05,06,07 R.C.E. 23889 12/31/06 SCALE IN FEET N42'27'39"E 5.56' PARCEL 1 13.857 AC. (GROSS) 13.857 AC. (NET) APN.212-120 - 37 MAP No, -1-16-10 OPENING NO. 1 CARLSBAD TRACT NO, 8-140 UNll Nod 2A MAP NO, 1-J-134 NOTE: By: B. HueBs8r 4 \- 4 v LINE TABLE 1. SEE SHEETS 3 AND 4 FOR EXISTING 30' WIDE RECIPROCAL AS DOC# 2004-0948728, O.R. ABUTTERS' RIGHTS OF ACCESS IN AND TO FARADAY AVENUE FROM PARCELS 1, 3 AND 4 RELINQUISHED AND WAIVED EXCEPT AT OPENINGS 1, 2 AND 3 PER DOCUMM RECORDED OCTOBER 6, 2004 AS Doc# 2004-0948729, O.R. SEE SHEET 5 FOR NOTES ACCESS EASEMENT RECORDED OCTOBER 6, 2004 ---_ ----- NO. BEARING DISTANCE T1 N19'58'42"E 159.15' T2 N70'01' 18"W 24.88' T3 N19'58'42*E 79.30' T4 N47'32'21"W 102.02' T5 N90'00'00"E 22.70' T6 N00'00'00"E 5.68' T7 N42'26'00"E 20.96' ---1_--- 2. 3. I EXHIBIT "B" FLAT 04-12 - CITY OF CARLSBAD APN 212-120-37, 38 212-120-39, 40 I I PREPARED BY: R.C.E. 23889 12/31/06 REG NO. EXP. DATE OWNER/APPL I CANT EQBP-1, LLC 800 SILVERADO STREET SUITE 300 LA JOLLA, CA sHEET2oF5 STEVENS CREST0 ENGINERING, INC. 9665 CHESAPEAKE DR. SUITE 320 ~{&q&392Jid4J& CLIM J. HOPWOOD LICENSE NO. L.S. 6800 EXP. DATE 9/30/06 CE 05-04,05,06,07 I I I, 1. 2. ABUTTERS' RIGHTS OF ACCESS IN AND TO FARADAY AVEMJE EXISTING 30' WIDE RECIPROCAL ACCESS EASEMENT RECORDED OCTOBER 6, 2004 AS DOC# 2004-0948728, O.R. Ff?W PARCELS 1, 3 AND 4 RELINQUISHED AN> WAIVED EXCEPT AT OPENINGS 1, 2 AND 3 PER DOWMENT RECORDED OCTOBER 6, 2004 AS DOC# 2004-0948729. O.R. 3. SE!EsHoET5FoRNOTES II II II L-7 PARCEL 1 TWO STORY TILT-UP CoNcRETr BUILDING LINE TABLE NO. BEARING DISTANCE T4 N47'32'21"W 102.02' T5 N90'00'00"E 22.70' T6 N00'00'00"E 5.68' T7 N42'26'OO"E 20.96' I 1 PARCEL 2 TWO STORY TILT-UP CONCRETE BUILDING LINE TABLE NO. BEARING DISTANCE T4 N47'32'21"W 102.02' T5 N9O'OO'OO"E 22.70' T6 N00'00'OO"E 5.68' l7 N42'26'OO"E 20.96' ------_I------ SCALE: ia=12o9 I ADxlsTMNT PLAT 04-12 - CITY OF CARLSBAD 1 OWNER/APPL I CAM EQBP-1, LLC 800 SILVERADO STREET SUITE 300 LA JOLLA, CA I PREPARED BY: STMNS CREST0 ENGINWING. IW. 9665 CHESAPEAKE DR. SUITE 320 NEER CE 05-04,05,06,07 LICENSE NO. L.S. 6800 R.C.E. 23889 12/31/06 EXP. DATE 9/30/06 REG NO. EXP. DATE SHEET 4oF 5 14596 OWNER/APPL I CANT EQf3P-1, LLC 800 SILVERADO STREET SUITE 300 LA JOLLA, CA NOTES PREPAfED BY: LLOYD APN 212-120-37, 38 STEVENS CREST0 WINWING, INC. 212-120-39, 40 9665 CHESAPEAKE DR, SUITE 320 CE 05-04,05,06,07 CLIM J. koPWooD LICENSE NO. L.S. 6800 R.C.E. 23889 12/31/06 EXP. DATE 9/30/06 REG NO. EXP. DATE sHEET5oF5 1. WILDING PERMITS WILL NOT BE ISSUED FOR PARCELS 3 ANI 4, UNLESS ME CITY OF CARLSBAD DETERMINES MAT SEWER AN) WATER FACILITIES ARE AVAILABLE FOR COEEECTION ANI WILL BE MIL THE TIE OF CONNECTION. 2. APPROVAL TO ADDWSS RECIPROCAL ACCESS EASAENTS, DRAINAGE EASEMENTS, PARKING EASEEMS AN) UTILITY EASEMENTS SUCH THAT EACH LOT HAS RECIPROCAL RIGHTS TO ACCESS ANI MAINTAIN THESE ROUTES AND UTILITIES SOWING EACH LOT. A DECLARATION AN) RESERVATION OF RECIPROCAL ACCESS EASBENT AGfEEENT IS REWIRED OF THIS 3. APPROPRIATE AGEKY ETEf?MINES THAT SEWER AND WATER FACILITIES ARE AVAILABLE. BUILDING POiMITS WILL NOT BE IssuoD FOR DomopMENT OF ME SUBJECT PROPERM lMLEss ME EXflBIT "B" I ADJusTMaJT PLAT 04-12 - CITY OF CARLSBAD 1 -8 I. CONSENT AND SUBORDINATION 14597 The undersigned, FREMONT INVESTMENT & LOAN, a California industrial bank (“Fremont”), as the beneficiary under that certain Deed of Trust and Fixture Filing dated as of September 18, 2002, executed by EQBP-1, L.L.C., a Delaware limited liability company (“Borrower”), as trustor, to Fremont General Credit Corporation, a California corporation, the trustee named therein, and recorded on September 19, 2002, as Instrument No. 2002-0804159, in the Official Records of San Diego County, California (the “Official Records”), as amended by that certain First Amendment to Deed of Trust and Other Loan Documents, dated as of September 29, 2004, and recorded on December 2, 2004, as Instrument No. 2004-1 136705 in the Official Records (as amended, the “Deed of Trust”) hereby consents to the foregoing Adjustment Plat 04-12 (the “Adjustment Plat”) for the purposes of, and as required by, the terms of the Deed of Trust, and by this Consent and Subordination, Fremont assumes no responsibility or liability for any of the terms or provisions of the Adjustment Plat. Fremont hereby subordinates the lien of the Deed of Trust to the Adjustment Plat. Notwithstanding anything to the contrary contained in the Adjustment Plat, Borrower shall not make or consent to any amendment, modification, or termination of the Adjustment Plat without the prior written consent of Fremont unless and until the Deed of Trust has been fully reconveyed. FREMONT INVESTMENT & LOAN, a CaliforniMdustrial bank STATE OF CALIFORNIA 1 j ss. COUNTYOF OQ kbf= ) On A~GI 4 , a Notary Public, person Ily appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that-she executed the same in hdher authorized capacity, and that bymher 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. a Commission # 1444376 I Notary public - California 5 Orange County r’ Mv Comm. Exdres OCt 7,20( 28639499.1 02053595