HomeMy WebLinkAboutADJ 04-12; Faraday Spectrum LLC; 2005-0275880; Certificate of Compliance/Non Compliance' Recorded at the request of
Chicago Title
RECORDING Fg REQUESTED BY
AND WHEN 9y- RECORDED MAIL TO:
DOC # 20054275380
APR 05,2005 2:41 PM
OFFICIAL RECORDS
IGREGORY J SMITH, CDUNTY RECORDER 514fq Dl EGO COUNTY RECORDER'S OFFICE
2 FEES 3900 WAYS 9 FAG E S
City Clerk
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
'4 3 0 \ QU qq - l4\3
14571 /pJT /; CITY OF CARLSBAD
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
21 2-1 20-37
CE 05-04
ADJ 04-12, EquudSpectrum
Parcel 1
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.
OWNER(S):
DESCRIPTION:
Faraday Spectrum, LLC, a California limited liability company
(See Exhibit "A" attached. Exhibit "B" is attached for clarity only.)
NOTE: 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.
I. BY: @H&d
C~A Citv Enafieer fl RCE 25889 EXP. 12/31/05
fTG€J3698 49v L/3e/*(&
HYDEVELOPMENT SERVICES/MASTERSICERTlFlCATES/Certificate of Compliance - Adj. Plat 1/31 102
14572
State of California ) ) County of San Diego 1
On before me, szj A. dedvaS, E$* (Name, Title of Officer)
personally appeared \
+ (kme~~csi~er[sl)
, personally known to me
- OR - 0 (or proved to me on the basis of satisfactory evidence) to be the person@-whose
namew islaca subscribed to the within instrument and acknowledged to me that he/sheftrey
executed the same in his/herftherr authorized capacity(@, and that by his/hec;LHseTr
signature(# on the instrument the person(@, or entity upon behalf of which the person@acted,
executed the instrument.
WITNESS my hand and official seal
(This area for official notary seal)
Date of Document
Signer(s) other than named above
HYDEVELOPMENT SERVICES/MASTERS/CERTlFlCATES/Cerliflcate of Compliance ~ Adj. Plat 1 /31 I02
EXHIBIT "A 14573
PARCEL 1
All that portion of Lots 44 and 45 of CARLSBAD TRACT NO. 85-24, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 11810, 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 04-1 0) 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:
BEGINNING 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 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 27O45'24" an arc distance of 359.46 feet; thence South 69O01'35" East, 144.83 feet;
thence leaving said Southerly line, North 19'58'42" East, 159.1 5 feet; thence South 70°01'1 8 East, 24.88 feet;
thence North 19'58'42" East, 79.30 feet; thence North OOoOO'OO" East, 362.94 feet; thence North 90°00'OO"
West, 85.87 feet; thence North OOoOO'OO" East, 221.46 feet; thence North 42'27'39" East, 5.56 feet; thence
South 47O32'21" East, 102.02 feet; thence South 90°00'OO" East, 22.70 feet; thence North OOoOO'OO" East,
5.68 feet; thence North 42'26'00" East, 20.96 feet to the Northerly corner common to said Lots 44 and 45;
thence along the Northeasterly, Northerly and Westerly lines of said Lot 45 the following three (3) courses:
North 47O31'46'' West, 263.27 feet; thence North 89°19'21" West, 568.38 feet; thence South 00'40'39'' West,
862.58 feet to the POINT OF BEGINNING.
Contains 13.857 acres, more or less.
14574
OCTOBER 6, 2004.
CURRENT ADDRESS
2200 lk 2210 FARADAY AMKlE
CARLSBAD, CA 92009
CURRENT ASSESSOR'S PCL. NO.
212-120-37, 38, 39 k 40 BASIS OF BEARINGS
ME BASIS OF BEARINGS FOR THIS DC"T IS A
PORTION OF ME SOUTHERLY LIE OF LOT 44, MAP NO. 11810, I.E., N 69'01 '35" W. OWNER/APPLIC ANT
CURRENT LEGAL DESCRIPTION
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
VIC IN1 TY MAP
NO SCALE
PARCELS 1 dc 2 EQBP-1, UC,
A DELAWARE LIMITED LIABILITY COMPANY
BY: EQUUS PARTNERS I, UC
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 SPECTRW, LLC,
A CALIFORNIA LIMITEDdIABILITY COMPANY
11111111
STEVENS CREST0 ENGINEERING, IN.
SAN DIEGO, CA 92123
LICENSE WIRES 9/30/06
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# 2005-01 64804, 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.
EX.IT "B" I ADJusTMaJT PLAT 04-12 - CITY OF CARLSBAD I
OWNER/APPL I CANT
EQBP-1, LLC
800 SILVERADO STREET
SUITE 300
LA JOLLA, CA
APF'ROm By: LLOYD B* APN 212-120-37, 38, 39 & 4r
PCL: tI),CZ1,(3),(4)
CE 05- 04,05,06,07
ENGINERING, INC. KE DR, SUITE 320
R.C.E. 23889 12/31/06
EW. DATE SHEET 1 OF 5
0 200 400 SCALE: 1"=200'
SCALE IN FEET
OWNER/APPL I CANT
EQBP-1, LLC
800 SILVERADO STREET
SUITE 300
LA JOUA, CA
N42'27'39"E 5.56' N88'31'30"E 430.44'
PARCEL 1
13.857 AC. (GROSS) 13.857 AC. (NET) APN:212- 120 - 37 CARLBBAD
MAP No, 118
OPENING NO. 1
UNJT No, 2A MAP No, 11-134
NOTE:
LIE TABLE SEE SHEETS 3 AND 4 FOR EXISTING 30' WIDE RECIPROCAL ACCESS EASEMENT RECORDED OCTOBER 6, 2004 --- ---I-
NO. BEARING DISTANCE AS DOC# 2004-0948728, O.R.
T1 N19'58'42"E 159.15' ABUTTERS' RIGHTS OF ACCESS IN AND TO FARADAY AVENUE FROM
T2 N70'01'18"W 24.88' PARCELS 1, 3 AND 4 RELINQUISHED AND WAIVED EXCEPT AT
T3 N19'58'42"E 79.30' OPENINGS 1, 2 AND 3 PER DOWMEM RECORDED OCTOBER 6, 2004
T4 N47'32'21nW 102.02' AS DOC# 2004-0948729, O.R.
T5 N90'00'00"E 22.70' SEE SHaT 5 FOR NOTES
1.
---------- 2.
3.
PREPARED BY AFfRom Bk LLOYD B. m8r APN 212-120-37, 38
STEVENS CREST0 ENGINERING, INC. 212-120-39, 40 9665 CHESAPEAKE DR, SUITE 320 A J/3& 4/b5 *!E25 DATE CE 05-04,05,06,07
CLIVE J! HOPWOOD LICENSE NO. L.S. 6800 R.C.E. 23889 12/31/06
EXP. DATE 9/30/06 REG NO. EXP. DATE SHEET2OF5
T6 NOO'OO'OO"E 5.68' T7 N42'26'00*E 20.96' I EXHIBIT =BU ADJusTMaJT PLAT 04-12 - CITY OF CARLSBAD
1. EXISTING 30' WIDE RECIPROCAL ACCESS EA- RECOWW
2. ABUTTERS' RIGHTS OF ACCESS IN AND TO FARADAY AMNUE
OCTOBER 6, 2004 AS DOC# 2004-0948728, O.R.
FROM PARCELS 1, 3 AND 4 RELINQUISHED AN) WAIVED EXCEPT AT OPENINGS 1. 2 AND 3 FER DOCUMNT RECORDED
I ID 'i T
PARCEL 1
TWO STORY TILT- CONCRETE BUILDING
LINE TABLE
NO. BEARING DISTANCE
T4 N47'32'21"W 102.02' T5 N90'00'00"E 22.70' T6 NOO'00'OO"E 5.68' l7 N42'26'00"E 20.96'
I-
PARCEL 2
OWNER/APPL ICANT
EQBP-1, LLC
800 SILVERADO STREET
SUITE 300
LA JOLLA, CA
TWO STORY TILT-UP CONCRETE BUILDING
PREPARED BY: APPROW BY: LLOYD B. MlBBsdY
STEWS CREST0 ENGINWING, INC. 9665 CHESAPEAKE DR, SUITE 320
I 3/.f/A MGY+ DA 'W
CLIM J."OWYOOD LICENSE NO. L.S. 6800 R.C.E. 23889 12/31/06
Mp. DATE 9/30/06 REG NO. MP. DATE
LINE TABLE
NO. BEARING DISTANCE
T4 N47'32'21"W 102.02' T5 N90'00'OO"E 22.70'
T6 N00'00'OO"E 5.68' T7 N42'26'00"E 20.96'
------I-----
--I----------
SCALE: 1"=12
APN 212-120-37, 38 212-120-39, 40
CE 05-04,05,06.07
sHoET4oF5
14578
NOTES
1. BUILDING PERMITS WILL NOT BE IssLlED FOR PARCELS 3 AND 4, UNLESS ME CITY OF CARLSBAD DETERMINES THAT SEWER ANI WATER FACILITIES ARE AVAILARE FOR CMECTION AND WILL BE MIL TI€
TIME OF CONNECTION.
2.
APPROVAL TO ADDRESS RECIPROCAL ACCESS EASEMENTS, DRAINAGE EAsouaJTs, PARKING EAsEMavTs AMI
UTILITY AND UTILITIES SERVING EACH LOT.
A DECLARATION AND ESERVATION OF RECIPROCAL ACCESS EASEENT AGREEMENT IS REQUIfED OF THIS
SUCH THAT EACH LOT HAS RECIPROCAL RIGHTS TO ACCESS AND MAINTAIN THESE ROUTES
3.
APPROPRIATE AG€NCY DETERMINES THAT SEWER AND WATER FACILITIES ARE AVAILABLE.
BUILDING PERMITS WILL NOT BE ISSUED FOR DolELopMovT OF ME SUBJECT PROPERM lMESS TI€
EXMBIT W" I ADJUSTMENT PLAT 04-12 - CITY OF CARLSBAD I I I PREPARED BY: "S EST0 OUGINWING, INC. 9665 CHESAPEAKE DR, SUITE 320 OWNER/APPL I CANT
EQBP-1, LLC
800 SILVERADO STREET
SUITE 300
LA JOU, CA LICENSE NO. L.S. 6800 EXP. DATE 9/30/06
R.C.E. 23889 12/31/06
APN 212-120-37, 38 212-120-39, 40
CE 05-04,05,06,07
sHEET5oF5
1, .I 14579
CONSENT AND SUBORDINATION
The undersigned, FREMONT INVESTMENT 81 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.
STATE OF CALIFORNIA 1 ) ss.
COUNTYOF 6h-UL 1
On /l~./Llt ZP; , ZbD 3 f?k Ti1JcAhf.L
a Notary Public, personally appeared ;A L70L)v;oAJ 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 thatwshe executed the same in
Mher authorized capacity, and that by bder 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.
Notary Public - co
28639499.1 02053595