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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