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Home My WebLink AboutADJ 04-12; EQBP-1 LLC; 2005-0275883; Certificate of Compliance/Non ComplianceRecorded at the request of Chicago Title REO3RDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC # 2005-0275883 I1111111111111111111111111111111 111ll lllll111111111111111lllll11111111 APR05,2005 2:41 PM OFFICIAL RECORDS GREGURY J SMITH COUNT'i' RECORDER PAGES 9 54N DlEGU CUUNT'I' RECORDER'S OFFICE FEES 3Y 00 WAYS 2 SPACE ABOVE THIS LINE FOR RECORDER'S USE 3 0 I04 ct 9 - iA13 ASSESSOR'S PARCEL NO. 212-120-40 PROJECT NO. & NAME: CE 05-07 ADJ 04-1 2. EauudSDectrum Parcel 4 CERTIFICATE OF COMPLIANCE (Section 66499.35 of the Government Code) 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 NER(S): DESCRIPTION: NOTE: FOR ADJUSTMENT PLAT 04-12 EQBP-1, LLC, a Delaware limited liability company (See Exhibit "A" attached. Exhibit "6 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 11575 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: 3/31/05 BY: WHd ~WF City Engineer" RCE 23889 EXP. 12/31/05 per 3349R 4/36/&4 H:/DEVELOPMENT SERVICES/MASTERS/CERTlFlCATES/Certilicata of Compliance - Ad). Plat 1 I3 1/02 I State of California ) ) County of San Diego ) 14599 On &l,h 31, a06 s before me, P& s Oh AbIUd, (Date) ' (Name, Title% personally appeared 2 0 btW b. J. (AI 6lc1 L, (Name[s] d Signer[s]) , personally known to me - OR - (or proved to me on the basis of satisfactory evidence) to be the person@) whose name(+ is/aFesubscribed to the within instrument and acknowledged to me that he/.&e&ey executed the same in his/- authorized capacity(&), and that by his/Mr signature@) on the instrument the person(s+, or entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal Notary Public - Caufomicl (This area for official notary seal) Date of Document Signer(s) other than named above HYDEVELOPMENT SERVICES/MASTERS/CERTlFlCATES/Ceftificate of Compliance . Adj. Plat 1 /31/02 EXH I B IT "A 14600 PARCEL 4 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. 1 181 0, 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- IO) 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 1 158.00 foot radius curve, concave to the North, a radial to said point bears South 05'27'55" 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 01'19'04" 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 27'45'24" an arc distance of 359.46 feet; thence South 69'01 '35" East, 144.83feet; thence leaving said Southerly line, North 19'58'42" East, 159.1 5 feet; thence South 70°01'1 8" East, 24.88feet; thence North 19'58'42" East, 79.30 feet; thence North 00'00'00" East, 42.59feet; thence North 90'0000" East, 295.88 feet to the TRUE POINT OF BEGINNING; thence North 90°00'OO" East, 286.44 feet; thence South 18"26'29'' East, 224.28 feet to the Southerly line of said Lot 44; thence along said Southerly line the following two (2) courses, South 71'33'54" West, 258.60 feet to the beginning of a tangent 658.00 foot radius curve, concave to the North; thence Westerly, along said curve, through a central angle of 1 O"02'38" an arc distance of 115.35 feet, a radial to said point bears South 08'23'28" East; thence leaving said Southerly line, North OOoOO'0O'' East, 321.26 feet to the TRUE POINT OF BEGINNING. Contains 2.052 acres, more or less. CURRENT LEGAL DESCRIPTJON PARCELS 1 THROUGH 4, INCLUSIVE, OF CERTIFICATE OF COMPLIA (C.O.C.) CE 04-10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE 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 OCTOBER 6, 2004. CURRENT ADDRESS 2200 lk 2210 FARADAY AVENUE CARLSBAD, CA 92009 CURRENT ASSESSOR'S PCL. NO. 212-120-37, 38, 39 & 40 BASIS OF BEARINGS ME BASIS OF BEARINGS FOR THIS DELENT IS A PORTION OF ME SOuMailY LINE OF LOT 44, MAP NO. 11810, I.E., N 69'01'35" W. OWNER/APPLICANT VICINITY MAP NO SCALE ~ _. PARCELS l-& 2 EQBP-1, UC, 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 SPECTFKlM, LLC, A CALIFORNIA LIMITED&IABILITY COMPANY 4350 EXECUTIVE c SAN DIEGO, C AT mTE 301 11111111 BY: c EqLg ENGINEER OF STEvOJs CRESTO ENGINEERING, IN. 9665 CHESAPEAKE DRIVE, SUITE 320 SAN DIEGO. CA 92123 - LICENSEUBIRES: 9/30/06 EXHBIT mBn 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. I ADJUSTMENT PLAT 04-12 - CITY OF CAasBAD I By: LLOYD B. msgr APN 212-120-37, 38, 39 & 40 I PCL: (l),C9,(3),(4) PREPARED BY: SEVENS CRESTO ENGINERING, INC. 9665 CHESAPEAKE DR. SUITE 320 CE 05-04,05,06,07 PA, No2 \ -17830 I PGL s 0 200 40 SCALE: 1"=200' SCALE IN FEET N89' 19 '21 "W 568. b' N42' 27 ' 39"E 5.56 ' w'31'30"E 430.44' PARCEL 1 13.857 AC. (GROSS) 13.857 AC. (ET) APN:212-120- 37 GARLSBAD MAP No, -1-18-10 OPENING NO. 1 CARLSBAD TRACT NO, 5-140 UNJT NO, 2A MAP NoJ -1-1134 NOTE: 1. SEE SHEETS 3 AND 4 FOR EXISTING 30' WIDE RECIPROCAL ACCESS EASEMENT RECORDED OCTOBER 6. 2004 LINE TABLE 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 NOO'00'00"E 5.68' T7 N42'26'00"E 20.96' --- 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 ANI 3 PER DOCWENT RECORDED OCTOBER 6, 2004 AS DOC# 2004-0948729, O.R. SEE SHEET 5 FOR NOTES --- 2. 3. I EXHBIT mBu ADJusTMp(T PLAT 04-12 - CITY OF CARLSAD I - - - __ - , 38 212-120-39, 40 OWNER/APPL I CANT EQBP-1, LLC 800 SILVERADO STREET SUITE 300 STEVENS CREST0 ENGINERING, INC. CE 05-04,05,06,07 LLVC cl. wrww LICENSE NO. L.S. 6800 R.C.E. 23889 12/31/06 EXP. DATE 9/30/06 REG NO. EXP. DATE SKET2OF5 LA JOLLA, CA I, 1 I I 1. 2. EXISTING 30' WIDE RECIPROCAL ACCESS EAsEMo\cT RECOWXD OCTOBER 6, 2004 AS DOC# 2004-0948728, O.R. ABUTTERS' RIMS OF ACCESS IN AND TO FARADAY AMMJE FROM PARCELS 1, 3 AND 4 RELINQUISHED ANI WAIVED EXCEPl AT WENINGS 1, 2 AND 3 PER DOCUMENT RECORDOD OCTOBER 6, 2004 AS DOC# 2004-0948729, O.R. 3. SEESHEET5FORtWTES II II *I I - J i SCALE: 1"=120' -- a I N19'58'42"E 79. SCALE IN FEET OWNER/APPLICANT CE 05-04.05.06.07 EQBP-1, LLC SUITE 300 PARCEL 1 II TWO STORY TILT+ COKRETE BUILDING II LIE TABLE NO. BEARIN DISTANCE T4 N47'32'21"W 102.02' T5 N90'00'00"E 22.70' T6 NOO'00'OO"E 5.68' T7 N42'26'OO"E 20.96' --I--____-I I I I 1 1 cy 4 w 0 e a a - SEE SHEET 3 FOR NOTES. EXHHjllT "B" PREPARED BY: STMNS CREST0 ENGIFEERING, INC. 9665 CHESAPEAKE DR. SUITE 320 OWNER/APPL ICAM EQBP-1 , LLC 800 SILVERADO STREET SUITE 300 LA JOU, CA LLOYD 8. m@r APN 212-120-37, 38 212-120-39, 40 TWO STORY TILT-CR CONcRETr BUILDING LINE TABLE LICENSE NO. L.S. 6800 Mp. DATE 9/30/06 NO. BEARING DISTANCE T4 N47'32'21"W 102.02' T5 N90'00'00"E 22.70' T6 N00'00'OO"E 5.68' T7 N42'26'00"E 20.96' --------------- r 4 d3,d e+%ZYwfl NEER DAT~ CE 05-04,05,06.07 R.C.E. 23889 12/31/06 REG NO. MP. DATE sHoET4oF5 \\ SCALE: 1"=120' I ADJUSTMOI(TPLAT04-12-CITYOF CARLSBAD I 14605 PREF'AfED BY: STEVENS CREST0 ENGIMRING, IK. 9665 CHESAPEAKE DR, SUITE 320 NOTES APPROM) BY: LLOYD B. tMBS#V APN 212-120-37, 38 212-120-39, 40 ~ 1. DETERMINES THAT SEWER AN) WATER FACILITIES ARE AVAILABLE FOR CCMECTION ANI WILL BE UNTIL THE TIME OF CONNECTION. WILDING PEFMITS WILL NOT BE ISSUED FOR PARCELS 3 ANI 4, UNlSs THE CITY OF CARLSBAD CLIM J. kowVocX, LICENSE NO. L.S. 6800 R.C.E. 23889 12/31/06 Mp. DATE 9/30/06 REG NO. MP. DATE 2. AppRovAL TO ADDRESS RECIPROCAL ACCESS EASEENTS, DRAINAGE EASEMENTS, PARKING EA- ANI UTILITY EASEENTS SUCH THAT EACH LOT HAS RECIPROCAL RIGHTS TO ACCESS ANI MAINTAIN THSE ROUTES AND UTILITIES SERVING EACH LOT. A DECLARATION AN) RESERVATION OF RECIPROCAL ACCESS EASEMENT AGREEENT IS REWIfED OF MIS CE 05-04,05,06,07 sHET5oF5 3. APPROPRIATE AGENCY DETEfWINES THAT SEWER ANI WATER FACILITIES ARE AVAILABLE. WILDING PERMITS WILL NOT BE ISSUED FOf3 DEVOLOPMENT OF THE SUBJECT PROPERM UNLESS THE EXHBIT wBw OWNER/APPLICAM EQBP-1, LLC 800 SILVERADO STREET SUITE 300 LA JOM, CA ”I .. CONSENT AND SUBORDINATION 14606 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, STATE OF CALIFORNIA 1 ) ss. COUNTY OF O~~&AL,C 1 260 s On tk4 I 4 ,- beforeme, hfdertA 2-k 9dC~udt a Notary Public, perso ally appeared e, I 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+b&he executed the same in Mher authorized capacity, and that byjadher 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. Orange County Mv Comm. Expires Oct 7,2007 28639499.1 02053595