HomeMy WebLinkAboutADJ 04-12; Faraday Spectrum LLC; 2005-0275881; Certificate of Compliance/Non ComplianceDOC # 2005-0275881 Recorded at the request of
Chicago Title
RECORDING
REQUESTED BY
AND WHEN
RECORDED MAIL TO: 1 14580 City Clerk
CITY OF CARLSBAD
1200 Carlsbad Villaae Dr.
Carlsbad, CA 92008 I
I111ll1ll Ill 11111 111ll111ll111ll il1Il11111 Ill11 11111 11111 Ill11 1111 1111
APR05,2005 2:41 PM
DFFICIAL RE CURDS
SAN DIEGD COUNTY RECORDER'S OFFICE
GREGORI'J SMITH, CUUNTY RECUHDER
PAGE 5 9
FEES 3900 WAYS 2
I 111111 Ill11 Ill11 11111 11111 1111 11111 Ulll 1llI 1111 Ulll llllU111 Ulll Ill1 IUI
2005-0275881
I
SPACE ABOVE THIS LINE FOR RECORDER'S USE ~\3a\OU\rq-U\3
ASSESSOR'S PARCEL NO. 212-1 20-38
PROJECT NO. & NAME: CE 05-05
ADJ 04-12. EauudSDectrum
Parcel 2
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
Faraday Spectrum, LLC, a California 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 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.
BY: d-4 w-=.&4
FW City Enginger 4
RCE 23859 EXP. 12/31/05
Re€ 336Q8 ATP 4J346
H./DEVELOPMENT SERVICES/MASTERS/CERTlFlCATES/Cerniicate of Compliance - Adj. Plat 1/31 102
1 State of California ) ) County of San Diego )
14581
--
personally appeared 4. (ia-mLkJ/:igner~sI) LIC
, personally known to me
- OR - 0 (or proved to me on the basis of satisfactory evidence) to be the personwwhose
name# is/wsubscribed to the within instrument and acknowledged to me that he/se
executed the same in his/mr authorized capacity(@, and that by hidkerftheir
signature(@ on the instrument the person@, or entity upon behalf of which the person@acted,
executed the instrument.
NESS my hand and official seal w I'
(This area for official notary seal)
Date of Document
Signer(s) other than named above
H./DEVELOPMENT SERVICES/MASTERS/CERTlFlCATES/Cerhficate of Compliance - Adj. Plat 1/31/02
EXHIBIT "A" 14582
PARCEL 2
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. 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 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°1904" 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 arcdistance of 359.46 feet; thence South 69°01'35 East, 144.83 feet;
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 to the TRUE POINT OF
BEGINNING; thence North OOoOO'OO" East, 320.35 feet; thence North 90°00'OO" West, 85.87 feet; thence
North OOoOO'OO" East, 221.46 feet; thence North 42O27'39" 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 Northerly,
Easterly and Southerly lines of said Lot 44 the following three (3) courses: North 88°31'30" East, 430.44 feet;
thence South 18O26'06 East, 746.00 feet; thence South 71°33'54" West, 45.25 feet; thence leaving said
Southerly line, North 18°26'29" West, 224.28 feet to a line that bears North 90°00'OO" East from the TRUE
POINT OF BEGINNING; thence South 90°00'OO" West, 582.32 feet to the TRUE POINT OF BEGINNING.
Contains 6.901 acres, more or less.
14583
PREPARED BY:
STNOUS mo ENGINEERING, IN. 9665 CHESAPEAKE DR, SUITE 320 OWNER/APPL I CANT
OCTOBER 6, 2004.
CURRENT ADDRESS 2200 & 2210 FARADAY AVOJUE
CARLSBAD, CA 92009
CURRENT ASSESSOR'S PCL. NO.
212-120-37, 38, 39 & 40 BASIS OF BEARINGS
THE BASIS OF BEARIM FOR THIS wcuI(ENT IS A PCRTION OF ME SOUTHERLY LINE OF LOT 44,
MAP NO. 11810, I.E., N 69'01'35' W. OWNER/APPLIC ANT
LLOYD APN: 212-120-37, 38, 39 & 4(3
PCL: (1 ),CZ1,0),(4)
CURRENT LEGAL DESCRIPTION
PARCELS 1 THROUGH 4, INCLUSIVE, OF CERTIFICATE OF COMPLIANCE -
(C.O.C.) CE 04-10, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, flLED 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
b VIC IN1 TY MAP
NO SCALE
PARCELS 1 & 2 EQBP-1, LLC,
A DELAWARE UMllED LIABIUM COMPANY BY: EQUUS PARTNERS I, UC
A DELAWARE LIMITED LIABILITY COMPANY ITS MANAGER BY EQUUS PARTNERS, LP. A CALIFORNIA LIMJTED PARTNERSHIP
ITS MANAGER 800 SILVERADO STREET SUITE 300
LA JOUA CA, . n I
By:
CHAD M. CARPENTER
LEGEND
A - 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.
GENERAL PARTNER
PARCELS 3 & 4
FARADAY SPECTRUM. UC.
STEVENS CREST0 ENGINEERING, INC. 9665 CHESAPEAKE DRIVE, SUITE 320
SAN DIEGO, CA 92123
LICENSE EXPIRES: 9/30/06
EXHIBIT wB" I ADJUSTMONT PLAT 04-12 - CITY OF CAWsBAD I
CE 05-04,05,06,07
EQBP-1, LLC
800 S I LVERADO STREET
SUITE 300
LA JOLLA, CA LICENSE NO. L.S. 6800 R.C.E. 23889 12/31/06
EXP. DATE 9/30/06 REG NO. EXP. DATE SHEETloF5
v LINE TABLE 1. SEE SHEETS 3 AND 4 FOR MISTING 30' WIDE RECIPROCAL ACCESS EASEMENT RECORDED OCTOBER 6, 2004
AS DOC# 2004-0948728, O.R.
ABUTTERS' RIGHTS OF ACCESS IN AM) TO FARADAY AVENUE FROM PARCELS 1, 3 AND 4 RnINQUISHED AND WAIVED EXCEPT AT
OPEN1 NGS 1 2 AND 3 PER DOCUMOM RECORDED OCTOBER 6, 2004 AS DOC# 2004-0948729, O.R. SEE SHEET 5 FOR NOTES
-I-__
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'OO"E 5.68' l7 N42'26'00"E 20.96'
-- -----_I__ 2.
3.
I EXHIBIT =Bm ADJUsTENT PLAT 04-12 - CITY OF CARLSBAD
OWNER/APPL ICANT
EQBP-1 LLC
800 SI LVERADO STREET
SUITE 300
PREPARED BY: STEVENS CREST0 ENGINEERING, IN. 9665 CHESAPEAKE DR, SUITE 320
~{~~2~& CLIVE J. HOPWOO0 I LA JOLLA, CA LICENSE NO .- L-.-S. 6800 EXP. DATE 9/30/06
I
APPROVED By: LLOYD B. HLJBBS8'
&A dhh5
CITY ENGINEER fl DATE
R.C.E. 23889 12/31/06
REG NO. EXP. DATF
Ai" 212-120-37, 38 212-120-39, 40
CE 05-04,05,06,07
slaT2oF5
[ I,
I
I
1. EXISTING 30' WIDE RECIPROCAL ACCESS EASEMENT RECOWXD
2. ABurmzs' RIGHTS OF ACCESS IN AND TO FARADAY AMNUE
OCTOBER 6, 2004 AS DOC# 20044948728. O.R.
FROM PARCELS 1, 3 AND 4 RELINQUISHED AND WAIMD EXCEPT AT OpOvINGS 1, 2 AND 3 PER DOCUMMT FECOWW
OCTOBER 6, 2004 AS DOC# 2004-0948729, O.R.
3. SE!ESHDET5FORNOTES II II II
C I
N19'58'42"E 79.
OWNE~?/APPLICANT OENGINWING, INC.
CE 05-04,05,06.07
EQBP-1, UC
SUITE 300
LA JOLLA, CA R.C.E. 23889 12/31/06
PARCEL 1
TWO STORY TILT-UP CWE 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'
cy
4 w 0
4 e
a
EXHNIT nBn I ADJUSTMENT PLAT 04-12 - CITY OF CARLSBmpl
OWNER/APPLICANT
EQBP-I, LLC
SUITE 300
LA JOLLA, CA
800 SILVERADO STREET
PREPARED BY: AF?Rom Bk LLOYDB. mi9y APM 212-120-37, 38
212-120-39, 40 SmRNS CREST0 ENGINERING, INC.
9665 CHESAPEAKE DR, SUITE 320
CE 05-04,05,06.07
LICENSE NO. L.S. 6800 R.C.E. 23889 12/31/06
MP. DATE 9/30/06 REG NO. EXP. DATE sHEFT4oF5
14587
OWNER/APPL I CANT
EQBP-1, LLC
800 SILVERADO STREET
SUITE 300
LA JOLLA, CA
NOTES
I I
PREPARED BY: APPROMD BY: LLOYD B. tlllBBsdV WN 212-120-37, 3
212-120-39, 40 "S CREST0 ENGINWING, INC. 9665 CHESAPEAKE DR, SUITE 320
1.
&?I%&& &//of 4/06 &si NEER fl DAT~ CE 05-04,05,06,07
CLIM J. kopwooo LICENSE NO. L.S. 6800 R.C.E. 230%9 12/31/06
EXP. DATE 9/30/06 REG NO. EXP. DATE sHEET5oF5
1. WILDING PERMITS WILL NOT BE ISSUED FOR PARCELS 3 AND 4, uN+ss ME CITY OF CARLSBAD DETERMINES MAT SEWER AN) WATER FACILITIES ARE AVAILABLE FOR CONNECTION AND WILL BE UNTIL THE TIE OF CONVECTION.
2. APPROVAL TO ADDRESS RECIPROCAL ACCESS EASEKNTS, DRAINAGE DEMENTS, PARKING EASEMENTS AN) UTILITY EAsEMEElTs SUCH THAT EACH LOT HAS RECIPROCAL RIGHTS TO ACCESS AN) MAINTAIN TtESE RWTES AND UTILITIES SERVING EACH LOT.
A DECLARATION AN) RESERVATION OF RECIPROCAL ACCESS EASEKNT AGREEKNT IS REWIROD OF MIS
3. APPROPRIATE AGENCY DETERMINES THAT SEWER AN) WATER FACILITIES ARE AVAILABLE. BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPENT OF ME su&IECT PROPERTY UNLESS ME
EXHIBIT wBw I ADJUSTENT PLAT 04-12 - CITY OF CAasBAD I
.I I*
14588
CONSENT AND SUBORDINATION
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.
STATE OF CALIFORNIA 1 ) ss.
COUNTYOF ow$ )
a00 s On A~L( ,wyme, IJ~WA i?k ~;hiauJ!-
a Notary Public, person Ily appeared ?Qni.a (loodl ;3 br 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
,W/her authorized capacity, and that by wher signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS mv hand and official seal.
Commission # 1444376 -.2 77” /J
28639499.1 02053595