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HomeMy WebLinkAboutPUD 2017-0002; Palomar Creative LLC; 2017-0422081; Notice of RestrictionRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2017-0422081 111111111111 lllll 111111111111111 lllll 11111111111111111111111111111111I Sep 14, 2017 11 :43 AM OFFICIAL RECORDS Ernest J Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES $24 00 PAGES 4 Space above this line for Recorder's use Assessor's Parcel Number 213-091-01, -02, -05 & 213-092-15 Project Number and Name PUD 2017-0002/MS 2017-0001 (DEV2017-0037) -PALOMAR OAKS WAY NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: PARCEL 1: LOT B, BEING ALL OF LOTS 12, 13 AND 14, AND A PORTION OF LOT 15 OF CARLSBAD TRACT NO. 80-38, MAP NO. 10198, AS FILED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NO. 81-294627, DATED SEPTEMBER 15, 1981, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3/4"X 18" IRON PIPE MONUMENT WITH DISC MARKED R. C. E.18673, PER MAP NO. 10198. SAID MONUMENT BEING THE NORTHEAST CORNER OF LOT 12 ON THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY AND ALSO BEING THE TRUE POINT OF BEGINNING FOR LOT B. RETRACING A PORTION OF THE LOT LINE FOR LOT 12 AS DESCRIBED ON MAP NO.10198; THENCE S 03° 39' 57'' W 64.60 FEET TO A POINT BEING TANGENT TO A 30.00 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE BEARS S 86° 20' 03" E; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68° 15' 59", AN ARC DISTANCE OF 35.74 FEET TO A POINT OF TANGENCY; THENCE S 64° 36' 02" E 40.08 FEET TO A POINT BEING TANGENT TO A 50.00 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE BEARS S 25° 23' 58" W; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 34' 00", AN ARC DISTANCE OF 31.91 FEET TO A POINT OF TANGENCY; THENCE S 28° 02' 02" E 157.95 FEET; THENCE S 32° 44' 07'' W 49.93 FEET; THENCE N 85° 40' 48" W 276.87 FEET TO A POINT BEING THE CORNER OF LOT 12 AND LOT 13; CONTINUING ALONG THE SOUTHERLY BOUNDARY LINE OF LOT 13 AS DESCRIBED ON SAID MAP NO. 10198; THENCE S 70° 19' 20" W 240.70 FEET TO A POINT BEING THE CORNER OF LOT 13 AND LOT 14; CONTINUING ALONG THE SOUTHERLY BOUNDARY OF LOT 14 AS DESCRIBED IN SAID MAP NO. 10198; THENCE N 79° 47' 39" W 226.86 FEET TO A POINT BEING THE CORNER OF LOT 14 AND LOT 15, CONTINUING ALONG THE SOUTHERLY BOUNDARY OF LOT 15 AS DESCRIBED IN SAID MAP NO.10198; THENCE S 89° 24' 55" W 98.01 FEET; Rev. 01/2013 Assessor's Parcel Number: 213-091-01, -02, -05 & 213-092-15 Project Number and Name: PUD 2017-0002/MS 2017-0001 (DEV2017-0037) -PALOMAR OAKS WAY THENCE N 54° 34' 18" W 92.87 FEET DEPARTING THE EXISTING SOUTHERLY BOUNDARY OF LOT 15; THENCE N 29° 39' 57" E 84.72 FEET; THENCE N 60° 20' 03" W 4.00 FEET; THENCE N 29° 39' 57'' E 42.00 FEET; THENCE N 60° 20' 03" W 101.93 FEET; THENCE N 03° 39' 57'' E 128.22 FEET; THENCE N 12° 48' 29" E 62.00 FEET TO A POINT OF TANGENCY ON A PORTION OF A 1535.00 FOOT RADIUS CURVE DESCRIBED AS THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY ON SAID MAP NO. 10198; FROM SAID POINT A RADIAL LINE WHICH BEARS N 12° 48' 29" E; THENCE ALONG THE ARC OF A PORTION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 08' 32", AN ARC DISTANCE OF 244.93 FEET TO A POINT OF TANGENCY, CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY; THENCE S 86° 20' 03" E 546.97 FEET TERMINATING ON A POINT BEING THE POINT OF TRUE BEGINNING FOR LOT B. SAID LAND DESCRIBED AS "LOT B" IN THE CERTIFICATE OF COMPLIANCE WITH CONDITIONS, RECORDED MAY 20, 1992 AS INSTRUMENT NO. 1992-0309737, OF OFFICIAL RECORDS. PARCEL 2: EASEMENTS APPURTENANT TO THE PARCELS DESCRIBED ABOVE GRANTED IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN GRANT OF EASEMENTS DATED JULY 29, 1981, EXECUTED BY MITSUI FUDOSAN (U.S.A.), INC., A CALIFORNIA CORPORATION, DBA PALOMAR AIRPORT BUSINESS PARK, AS OWNER AND BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR, A CALIFORNIA LIMITED PARTNERSHIP, AS GRANTEE RECORDED AUGUST 4, 1981 AS FILE NO. 81-246287 OF OFFICIAL RECORDS. PARCEL 3: NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS AND EGRESS BY VEHICULAR AND PEDESTRIAN TRAFFIC AND FOR VEHICULAR PARKING AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "SUPPLEMENT AND RESTATEMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR MET BIRTCHER-PALOMAR OAKS", RECORDED JULY 15, 1983 AS FILE NO. 83- 242801 AND AS AMENDED BY DOCUMENT RECORDED DECEMBER 1, 1987 AS FILE NO. 87-662067, AND AS AMENDED BY DOCUMENT RECORDED OCTOBER 7, 1992 AS FILE NO. 1992-0639126 OF OFFICIAL RECORDS. is restricted by a Minor Nonresidential Planned Development Permit and Tentative Parcel Map Nos. PUD 2017-0002/MS 2017-0001 (DEV2017-0037) approved by the City of Carlsbad on July 13, 2017. A copy is on file at the City of Carlsbad Planning Division. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. 2 Rev. 01/2013 Assessor's Parcel Number: 213-091-01, -02, -05 & 213-092-15 Project Number and Name: PUD 2017-0002/MS 2017-0001 (DEV2017-0037)-PALOMAR OAKS WAY OWNER: APPROVED AS TO FORM: Owner's Name --..._ A &,4,vpJ<. ~~rvv~, ~ C ~JY OF CARLSBAD /) /JL-~'.W'l _.,.__/Le<-------""'-", ___ _ ~~ DON NEU, Signature City Planner 6-<J,AJV' Jk~'r[h~J.I n4~~lJ)) 5~,Y cy-/\li] Print name andtitle 7 Date Signature CELIAA. BRE~Attorney By:}.{l2J__~ Print name and title 2/21/27 Date -Date Assistant City Attorney <(/~, /q (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). 3 Rev. 01/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ..j',4/V Fi!AtJCIJ'to On Ju L)/ 31 I J-o I 7 before me, /v11 C#E 1--lE /?.Eu,t aLIJ/114, Al rx:rl/L V ff4!1L..1 C, Date Here Insert Name and Title of the 0fficer personally appeared ./3R/./J IV U{)-I'J.=/Jf/ ;/4.=z:KTA-t~V Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~ / ~ Place Notary Sea/ Above ----------------oPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ¥ 0 W/Jr.{ Title or Type of Document: Non~ of ¥.~C{[oN -AlfJ~ Mgocument Date: 7/211 /2D11 Number of Pages: ..3 Signer(s) Other Than Named Above: ~No~9'1_(£~---------- Capacity(ies) Claimed by Signer(s) Signer's Name: 13'21.P!N 0-~CJ=:.Trv{P./'J ! Corporate Officer -Title(s): ______ _ ' Partner -r : Limited General ! I Individual r i Attorney in Fact Trustee ... Guardian or Conservator ?"!"OtherAA:::rn:n(?.\-u;a;J S \& NJ:,,:n>(l...J Signer Is Representing: ________ _ .ft.\t..-0rVlt\:l-C,~tl\Je; u...c., ,,, / Signer's Name: ________ /_,. ____ _ : Corporate Officer -Title i I Partner -11 Limite I I Individual '~ 1 Attorney in Fact · Guardian or Conservator ~~~~~~~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907