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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