HomeMy WebLinkAbout; COLONIAL MALL, LTD.; 74-131025; Easement, .. , , -I a -d&--l&LWK
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FILEiPAGE NO."
RECORDED9EQQESTC
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RECORDING REQUESTED BY
City of Carlsbad h! [O la,Ze RH *
r AND WHEN RECORDED MAILTO 1 Name '
Street City Attorney
Address City of CArlsbad
City & 12 Ob Elm Avenue State L Carlsbad, CA 92008 J I 1
I" MAIL TAX STATEMENTS TO
Name City of Carlsbad 1
Address Street 1200 Elm Avenue
City & Carlsbad, CA 92008
State t _I
OFFICI& fiE6 SAN ~A~~~~~~~# /E6 'E , 'f '
R'EEBR$,_
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SPACE ABOVE THIS LINE FOR RECORDER'S USE -
Documentary transfer tax $. ...................... No fee
Computed on full value of property conveyed, or
Computed on full value less liens & encumbrances
remaining thereon at time of sale.
&%pW.>.~LL. ............ Signatur f declarant or agent determining tax - firm name
0 Unincorporated area City of..CaK.ksbad ...........
............................................. I Grant Deed ParcelNo
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
COLONIAL MALL, LTD. a Limited Partnership
hereby GRANT(S) to
CITY OF CARLSBAD, a Municipal Corporation
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the following described real property in the
county of San Diego , state of California: for a nonexclusive easer
for parking purposes sufficient to accommodate fifty automobiles, inc:
necessary ingress and egress. Said easement is restricted in use to j
hours between 2 a.m. and 6 a.m. Said easement shall terminate in the
event that the ordinance of the City of Carlsbad no longer requires tl
being made of the subject property located in the County of San Diego provision of said amount of parking spaces in connection with the use
1 State of California as follows:
That portion of Lots 17 to 24, inclusive, in Block 86 of the Town I
Carlsbad, in the County of San Diego, State of California, accordi:
to map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888: TOGETHER with a portion of Trac
115 of the Town of Carlsbad, County of San Diego, State of Califor
according to map thereof No. 775, filed in the Office of the Count
Recorder of San Diego County, February 15, 1894, described as foll
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(FOR DESCRIPTION Assessor's Parcel #156-180-23 & 156-1 80-38
Dated May 8, 1974
SEE EXHIBIT A ATTACHED)
STATE OF CALIFORNIA
COUNTY OF
On before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
\ Partner } ss.
FOR NOTARY SEAL OR STAMP
,known to me
to be the pefson- whose name subscribed to the
within instrument and acknowledged that
executed the same.
Signature of Notary
Name (Typed or Printed) of Notary
' Title Order No. Escrow No.
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EXHIBIT A
. - ~e3.in~iag ak paint oil t>e ~o1~th~~stp-~j~y l~ne e= r ~12~ ~<ZS,U~ s; s f.zy t~ .L. ."X L~..+,soE c'. -,. X~r-ih 55°27s0L1" Eas:~;, 1031,92 22~:~ Z~QT,
h &$.e 9 yfi*ost r ~b,3c~r~~~ 70 .?.. ' c~rxer sf ,Tract No, 115 as shown on I8$zp
-.- ,wbbb 7, c @ou,~-Ly 3ezr;rd;sr of Sa:rA Dj,sso Ci;zfi"tv garc;+. 1, 1-915 3 ,;z
pin& Seing %he xost w.2rt:?,2rly CQZ2CT of laEd described in
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,. -k&re~f Ma, 1561 of ~~~~s~~~ La;ads, fSled. kn t:i.,e office 04
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deed trj George P~;a~n~i~~~e -, I e", EX, in deed ;cecozd.sd in 30~:~ 2011, Page 005 02 *a?ft~L;ii Ra~c~ds; t~~~~~e alofig the So~~kh ea.sterly line sf s?.id ~~E~~o~:~~~~s lz2d xareh 55027 8 c;3" zCs
102 c -30 fsa-2 to 2 .G;oiXt dis+anC, *khe;ceori South, 55027 O(jr;>l We5
c - /go 00 feet 2~0a *khe mas$ f.:este-P-y ecraer of lazd 5.escyibed
in deed te George E, kz.c,h,, recorded December 21 T 1927 isi '>o~j< 123695 11 Pay% 243 of Dgds; i:b,er-c- So;r$'ri, sG"33 s QO': EasJc 5
280.00 feet to the Southezskerly lilac 55 said Lot 24; then
along th.2 Southeasterly line of said Lot 24 a.:r.d thhe Sou'ch- we9terly prolongation there02 r' South 5.5 "27 L C!O ci West ,, 2-62 e/ 3 fset; thence K(-Jy" 34"2'~ a24 LJU -n7* ya-.+ 2LL33-J 200*20 fe2-L tG the Toin
of 2eginning a
E%CSPyrXI:G *&h.prcf.-o.rr! t:?l_aSk prJreiGi7, &scx'ib& 2.5 fs-iJ"y+:s :
Bz;egi,i-Ling at a point on the sou.L?!ez,sterly line sf 22.m jyi72-
.L?? LL" * LOt),nrLy rr 3ecorder of Sa2 Diego Coil;?'cy, Pi2,rCR 1 p 2.915;
2~2~ il%.s-+ene. -2h:reo~ Zqrjrth 55"27 ' 30:' Ez-s-2; 114 1-1 38 2ee-c
frax kize rmst Vesterly COTFLS~ of TrecrL 115 I 2s sh~wn on Xa of Noo 1661 of CarlsSad L;ands, filed i:? -the o"'7 i:LCz * of
thei;?;cc xo-tbk 55a273 Ooij zas-: alaric sa~d 3o~theasterly l~zc
Cr +dLI 102,30 feet; -~~~~y~ce NorLk 3C*33'G$" s;o.d"q 55" 37 t Qg;: !,qQr..- .. I 702,30 fe,s+; -khe~ce ~aueiq, 3GG33'Co" zastm 2-09 feet; thenc
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w2s-t, 2,QO. f-s:et to $-hs 2sint 02 zqi-lliq,
AE,SC -.tFn..I.,-Dq;T'y:G A',.,~.--,.--~ L?JAaiL;L ".., LLi2_LLC_3T.?* 2CPiOS2 pr!:lcns Zes.c-ii-Ji36 in d...>.?"
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r';,CC.?,DSD 2EQUEST c
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,V/>iVI CfLti( ;I;?'$ ?I
* City of Carlst@ 0 ;~~~~~~J~,~~ :i#s.
1 .., ' 12CG Elm Avenue P, .T;, ;-j f: ,-> Carlsbad, California 92808 *
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,AGREEMENT FOR JOINT PA-K<II\JG FACILITIES ;;,ti O;E;G ~su>s'~,c$,F (;E":,,.,.> ") ;+:,->:<L s;cr;2iiis
AND GFSIXT OF RZCIPROCAL PARKING EASELCEWTS ti;,zLEy F,.QJ-J.j$
REClj4DEii
THIS AGREEMENT is made this (9 day of /li\c(f ,
1974, between CARLSBAD ILJVESTIfSNT CORPORATION (hereinafter
referred to as Party A) and COLONIAL MALL, LTD., a Limited
Partnership, (hereinafter referred to as Party B), both of
Carlsbad, California.
RECITALS:
WHEREAS, the parties own adjoining parcels of real
estate in the City of Carlsbad, County of San Diego, State
of California, described as follows:
1. Parcel A is owned by Party A and is described in
Exhibit "A" attached hereto.
2. Parcel B is owned by Party B and is described in
Exhibit "B" attached hereto.
WHEXEAS, Party A has constructed a restaurant on Parcel
A known as The Wayside Inn. The principals of Party A
are also the principa-1s of Party B and desire to develop
Parcel B for a Colonial Mall shopping and pgofessional complex;
and
WHElaAS, there is insufficient parking on Parcel 3
to accomlodate the proposed development; and
I..;IIiEREAS, Section 21.44.150 of the Carlshad Municipal
cde provides for the joint use of parking facilities in
'..ssessor's Parcei ;<os. 7 5G--180-39 156-12C-23 and 156-1513-3s
Q Y - 804 e
certain circumstances. In this case, the restaurant opera-
tion on Parcel A has been determined to be primarily a
nighttime use. Therefore, under the terms of the ordinance
a portion of the parking spaces on Parcel A may be made
available to satisfy the parking requirement on Parcel B,
which has been classified primarily as a daytime use: and
WEEREAS, Party A and Party B have,asked that the
City of Carlsbad approve said joint use of parking facilities
in order to facilitate the planned development, it is a condi-
tion of such approval that the parties exchange mutual
agreements and covenants and easements to insure that the
parking spaces will be available in the future;
NOW, THEREFORE, the parties agree as follows:
1. Party A hereby grants to Party B an easement
in favor of Parcel B over Parcel A as follows: The ease-
ment is nonexclusive and the owner of Parcel B shall have
the right to utilize up to a maximum of 50 parking spaces
located on Parcel A, including any necessary rights of
access.
2. Party B hereby grants to Party A an easement ,
in favor of Parcel A over Parcel B as follows: The ease-
ment is nonexclusive and the owner of Parcel A shall have
the right to utilize rzp to a maximum of 50 parking spaces
located on Parcel B, including any necessary. rights of
access I
2.
0 805 0
3, These mutual easenents are superior and para-
mount to the rights of any of the parties hereto in the
respective servient estates so created, and the parties
further agree that these covenants shall run with both par-
cels of land described herein and may not be removed or
modified without the consent of the City of Carlsbad,
4. In order to insure that the mutual exchange
of easements is meaningful and insures adequate parking to
meet the ordinance requirements of the City of Carlsbad is
available to both parcels at all times, the parties further
agree as follows:
(a) Party A will at all times in the future keep
in good repair all driveway and parking facilities located
upon Parcel A, including any capital improvements made with
respect thereto. All such repairs and improvements shall
be made at the expense of Party A.
(b) Party B will at all times in the future keep
in good repair all driveway and parking facilities located
upon Parcel B, including any capital improvements made with
respect thereto. All such repairs and improvements shall
be made at the expense of Party B.
(c) These mutual covenants are superior and para-
mount to the rights of any of the parties in the respective
servient estates so created, and the parties further agree
that these covenants shall run with both parcels of land
described herein. The City of Carlsbad retains the right
3.
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to seek enforcement of these covenants.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement at Carlsbad, California, the day and year,
first above written.
Acknowledgments
STATE OF CALIFORNIA)
COLTTY OF SAN DIEGO) 1 ss.
.3 .*P c $* 3; t
r~res.PartP7;zA"...
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COLON & AL MALL, ,,&TD-., a Limited ". 'vi8, ./
Par er4bip 1 i 1,
B
R&xrt L. $]atson, Party B I
Genekal Partner
On May 8, 1974, before me, the undersigned, a Notary
Public in and for said State, personally appeared Robert L.
Watson, known to me to be the President of the corporation
that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the
corporation therein named, and acknowledged to me that such
bylaws or a resolution of its board of directors.
corporation executed the within instrument pursuant to its
rTd I, [X , , ,;.;-!,:- ',.~,, 1 PI3j.C..T;'? ,C,'JCFT{ OEitiAL ,-,';?.'.!C 3. sONTA!p]E . SEAL CAL:ZOPNIA
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and official seal.
&ifz.-dui/ L5. *7zaL2 *-l
NOTARY" PUBLIC
COUNTY OF SAN DIEGO)
On May 8, 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L.
Watson known to me to be the General Partner of the Limited
Partnership that executed the within instrument and acknowl- edged to me that such partnership executed the same.
WITNESS my hand and official seal. d ./ '-T:G ,/, y.-j fi,!.YV-?J p:c.,- -. . 1 "TAL SEAL &: c @LA-./ //. /! L-,wr&+d \
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."__.L' E. 'CIPITAIKE 4; I It NOTARY PUBLIC
jl p,Ay Cox.mission Emir25 Sect. 3 1377 !
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EXHIBIT "A" \&
Parcel "A" of Parcel Map No. 1007, in the City of Carlsbad,
recorded in the office of the County Recorder September 25,
1972 as File No. 256552, being a portion of Tract 115 of
Carlsbad according to Arrended Map of the Town of Carlsbad,
Map No. 775, filed in the office of the County Recorder of
San Diego County, February 15, 1894,
County of San Diego, State of California, according to Map
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i , COLON= &2AI;S;, jy??.
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That por-tion of Lots 17 to 24 inclusive in 2lock 86 or' \ k:?
Tows of Carlsbad, in the Coilnty of San Diego, State of California, accordizg to ~ap thereof EO 535, filed iz LIS 02fice of the County Xccorder of Saa Diego County, May 2,
@arlsbad, in ths County of San Diego, State of Califorslia axording to Map thereof No.775, filed i3 the or'zice 02 t county Recorder of sari Diego COCR-LY, ~ebruaq 15, 1894, descx.ibed as follows:
1888; TCSZTiiER WITH a portion or" Tr2c-L 115 OE r the Town 05
0
Beginning a= poi32 cn the southeasterly iine cf EL?, AV~EX Sis'cant thereon Xorth 55°2i's0cj" East, 1081,9b 5ee-L from
the most Westerly corner of Tract >?ae 115 as shown on 23a2
thereof No, 1561 of Carlsbad Landst filed in the office o
pint being the most Northerly cosner 02 lznd &s@ribo,d F:
deed td George Bzu;idhoxae, et =xt ii? CeeC recorded in ~OQ;< 2021, Page 005 or" Official Zecords; thes?ce alor?g i=he souk:
easterly lip sf said PruZhomeJs lad North 55'27 'CO'' EE~
152.30 feek to a pint distant thereoa Socth 55"27 rOO". We,
79.80 feet from the inost tdesterly ccrner of lanc! describe! in deed to George E. Leach,.recorded Decezber 21, 1927 i~
'5ook 1395, Page 240 04 Deeds; thence South 34"33i00" Ezst 200.00 feet to the Southeasterly line of said Lot 24; the: along the Southeasterly Line of said Lot 24 and the South westerly prolongation thereof, South 55O27'00" West, 162.,
r'eet; thence North 34O33'00" West, 200,2.0 r'eet to the ZQi:
sf Beginning.
the County Recorder or r San Eiego County, Itarch 1, 1915, ,s
EXCEPTING therefrom khat portion described as i-"ollows: I
Beginning at a point on the Southeasterly , line cf Elrn Ave,
nue, distant. thereon North 55O27 '00:' East, 1341.98 feet from the most 'iiiesterly corner of Tract 115, as shewr, on X, thereof No, 1661 of Carlsbad Lands,. filed ill the office 0:
thence North 55°27300" East along said Southeasterly liile
102.30 feet; therxe South 34°331C01' Zast, 2.00 feet; then' South 55°27'009a West, 102.30 feet; thence Nozth 34"33'03"
- -the County 3ecorder of San Diego County, Xxzh 1, 1915;
IqzS .i-. 3 2.00. feet to khe Poir,t 02 Sqinning,
ALSO EXCETTiNG thsref~orn those portions described ii? deed
to -the State of California, recorded >$.!arch 12, 1968 as File No, 41121 and Decemlber 10, 1958 as FiLe No., 2155850
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A beQcs_ P B
CERTIFICATE OF ACCEPTANCE 799
This is to certify that the interest in
2 ea2 property conveyed by the deed or
grant dated May 8, 1974 from
to the City of Carlsbad, California,
a political corporation and/or
governmental agency, is hereby accepted
h~1 ?he undersigned cfficer or agent
OR behalf of the City Council of the
City of Carlsbad, California, pursuant
to authority conferred -py Resolution
$17537 of the City. ;>ii G&r&s5ad adopted
on July 2, 1968-, aria. ,CI;&.,grantee
consents to the re-co-rd'atibr: thereof by
i;s duly authorized- officez;.
Colonial Mall Ltd.
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Vir' inq H:;;%i:t;h ,. .Deputy MA4 Aj!E'K;-:-r%. &GAMS, City C2erk 4 . . "-/ ,"-. _,- ~ ':..e, ~ ,.
132 TED : I, .- ., May 17, 1974
~ ___ -~- ~.
. .- STATE OF CALIFORNIA } SS.
$ COUNTY OF-ego x E On
- U, said State, personally appeared-=-
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May 8, 1974 , before me, the undersigned, a Notary Public in and for
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L E ~___ Q c the Ge3&g@g&-&$&g$ the Limited Partnership
? known to me to be .- U -
5 LlmitTd .- a that executed the within instrument and acknowledged to me that
; such artners ~p executed the same. + 8 /p
m a i WITNESS my hand and official seal.
70 .m '8
E b Signature &&-q - 1' A+h" cZ5iz-E ..
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Audrey B. Fbntaine
Name (Typed or Printed) (This area for official notarial seal)