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HomeMy WebLinkAboutPUD 09-02B; Life Technologies/Mararisk Carlsbad/Griffin Capita; 2013-0668719; Parking AgreementCHICAGO TITLE COI\JiPANY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) ) ) DOC # 201 3-066871 9 I 1111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111 NOV 12, 2013 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 142.00 PAGES: 43 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies SECOND AMENDED AND RESTATED RECIPROCAL PARKING, ACCESS and EASEMENT AGREEMENT This Second Amended and Restated Reciprocal Parking, Access and Easement Agreement ("AGREEMENT") is entered into as of September 25, 2012 by (i) MARARISK CARLSBAD, LLC, a Delaware limited liability company ("Mararisk"), (ii) THE GC NET LEASE (CARLSBAD) INVESTORS, LLC, a Delaware limited liability company ("GC Net"), and (iii) LIFE TECHNOLOGIES CORPORATION, a Delaware corporation (formerly known as Invitrogen Corporation) ("LIFE"). Mararisk, GC Net and LIFE are sometimes collectively hereinafter referred to individually as an "Owner" and collectively as the "Owners." Upon any assignment of this AGREEMENT by Mararisk, GC Net and/or LIFE as permitted by this AGREEMENT, such assignee shall be deemed individually as an Owner hereunder and collectively as one of the Owners hereunder. RECITALS A. Owners are the fee owners of real property in the City of Carlsbad ("City"), County of San Diego, State of California, more particularly described in Exhibit A attached hereto and incorporated by this reference. B. Mararisk is the fee owner of that certain real property located at 5791 Van Allen Way, Carlsbad, California, and more particularly described on Exhibit B attached hereto (the "Mararisk Parcel"). LIFE leases the Mararisk Parcel pursuant to that certain Standard Industrial Lease dated November 9, 2007, as amended (the "Mararisk Parcel Lease"). C. GC Net is the fee owner of that certain real property located at 5781 Van Allen Way, Carlsbad, California, and more particularly described on Exhibit C attached hereto (the "GC Net Parcel"). GC Net is the successor in interest to a co-tenancy ownership group by virtue of GC Net's acquisition of the GC Net Parcel by grant deed recorded on or about May 13, 2011. LIFE leases the GC Net Parcel pursuant to a certain Lease Agreement dated February 8, 2006, as amended (the "GC Net Parcel Lease"). D. Life is the fee owner of that certain real property located at 5792 Van Allen Way, Carlsbad, California, and more particularly described on Exhibit D attached hereto (the "LIFE Parcel"). WEST\223091116.8 1 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies E. The GC Net Parcel, the Mararisk Parcel and the Life Parcel are sometimes hereinafter referred to collectively as the "Parcels." F. The Parcels, as presently improved, are depicted on the site map attached hereto as Exhibit E (the "Site Map"). The GC Net Parcel is improved with a single building (identified as the "GC Net Building") containing approximately 339,399 square feet. G. The Mararisk Parcel is improved with a single building (identified as the "Mararisk Building") containing approximately 81,059 square feet. H. The LIFE Parcel is not yet improved with any building improvements, but it does have parking lot improvements covering a portion of it. I. LIFE uses the existing buildings for a variety of commercial uses including office and support, bio-industrial research and development, manufacturing, warehouse and distribution, all of which comply with the Carlsbad Research Center Specific Plan, SP-180F, C-M (Heavy Commercial) Zone regulations, and the PI (Planned Industrial) General Plan Land Use designation. J. In 2009, the City approved the planned development of the Parcels pursuant to the terms and conditions of that certain Non-Residential Planned Development Approval letter (PUD 09-02) dated May 4, 2009 (the "Planned Development Approval Letter"). K. A certain Reciprocal Parking, Access and Easement Agreement, satisfying Condition Nos. 20 and 33 of the Conditions of Approval set forth in the Planned Development Approval Letter was recorded in the San Diego County real estate records against the Parcels on January 21, 2010 as Document No. 2010-0029857 (the "Reciprocal Parking, Access and Easement Agreement"). L. After the recording of the Reciprocal Parking, Access and Easement Agreement, LIFE obtained approval from the City to construct on the LIFE Parcel (i) an amenity building consisting of approximately 70,500 square feet (which has not been constructed as of the date of this Agreement) and (ii) additional parking spaces on the LIFE Parcel as contemplated by that certain Non-Residential Planned Development Permit Amendment Approval letter [PUD 09-02(A)] dated January 26, 2010 (the "PUD 09-02(A) Approval Letter") and subsequent Consistency Determination, CD 10-04. M. A certain Amended and Restated Reciprocal Parking, Access, and Easement Agreement, satisfying Condition No. 17, 23, and 36 of the PUD 09-02(A) Approval Letter, was recorded in the San Diego County real estate records on September 21, 2010 as Document No. 2010-0499652 (the "Restated Reciprocal Parking, Access and Easement Agreement"). N. After LIFE completes the construction of the amenity building and related parking improvements, the combined number of parking spaces for the parcels is required to comply with the City of Carlsbad's minimum parking requirements (reflecting the benefit of the 15% reduction allowed per the PUD 09-02(A) Approval Letter) applicable to the Parcels pursuant to the Carlsbad Research Center Specific Plan, SP-180F and CMC Chapter 21.44. WEST\223091116.8 2 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies 0. The Parcels are located adjacent to each other and access to the lots is achieved via Van Allen Way. P. It is the intent and desire of the Owners to convert Van Allen Way from a public street to a private street by seeking a public street vacation. Q. The City's willingness to vacate Van Allen Way is conditioned upon, among other things, an amendment to PUD 09-02(A) as contemplated by that certain Non-Residential Planned Development Permit Amendment Approval letter [PUD 09-02(B)] dated June 30, 2011 (the "PUD 09-02(B) Approval Letter") R. As a condition to the City's approval of the PUD 09-02(B), the City is requiring certain amendments to the Restated Reciprocal Parking, Access and Easement Agreement. S. This Agreement is intended to satisfy Conditions No. 12, 13, 15 and 20 of the PUD 09-02(B) Approval Letter by amending and restating the Restated Reciprocal Parking, Access and Easement Agreement. NOW, THEREFORE, the Owners covenant and agree to the terms as follows: 1. Reciprocal Vehicular and Pedestrian Easements. 1.1 Mararisk Parcel. Mararisk hereby grants and conveys to GC Net and LIFE and to their respective successors and assigns, and GC Net and LIFE hereby accept from Mararisk, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the GC Net Parcel and LIFE Parcel upon, over and across those portions of the Mararisk Parcel improved for the passage of vehicles and pedestrians, as shown on the Site Map, such that ingress and egress between the GC Net Parcel and LIFE Parcel and Main Entrance Driveway, Van Allen Way (private road) ( as depicted and defined in the Site Map) shall be provided over the Mararisk Parcel, for the benefit of GC Net and LIFE and their present and future owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of the GC Net and LIFE Parcels. This easement for vehicular and pedestrian access includes, without limitation, an easement for ingress and egress upon, over and across the Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Site Map and Exhibit N attached hereto), the Truck Driveway Connector (as depicted and defined in the Site Map) and any other future driveway and sidewalk connectors for the purpose of vehicular and pedestrian ingress and egress to and from the GC Net Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway Faraday A venue. 1.2 GC Net Parcel. GC Net hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from GC Net, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the Mararisk Parcel and LIFE Parcel upon, over and across those portions of the GC Net Parcel improved for the passage of vehicles and pedestrians, as shown on the Site Map, such that ingress and egress between the Mararisk Parcel and LIFE Parcel and Main Entrance Driveway, Van Allen Way (private road) shall be provided over the GC Net Parcel, for the benefit of Mararisk and LIFE and their present and future owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of the Mararisk and LIFE Parcels. This easement for vehicular and pedestrian access includes, without limitation, an WEST\223091116 8 3 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies easement for ingress and egress upon, over and across the Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Site Map and Exhibit N attached hereto), the Truck Driveway Connector and any other future driveway and sidewalk connectors for the purpose of vehicular and pedestrian ingress and egress to and from the GC Net Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway, Faraday Avenue. 1.3 LIFE Parcel. LIFE hereby grants and conveys to GC Net and Mararisk and to their respective successors and assigns, and GC Net and Mararisk hereby accept from LIFE, a permanent, non-exclusive easement for vehicular and pedestrian access to and from the GC Net Parcel and Mararisk Parcel upon, over and across those portions of the LIFE Parcel improved for the passage of vehicles and pedestrians, as shown on the Site Map, such that ingress and egress between the GC Net Parcel and Mararisk Parcel and Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Site Map and Exhibit N attached hereto) shall be provided over the LIFE Parcel, for the benefit of GC Net and Mararisk and their present and future owners, tenants and occupants, and the employees, invitees and customers of such owners, tenants and occupants, of the GC Net Parcel and Mararisk Parcel. This easement for vehicular access includes, without limitation, an easement for ingress and egress upon, over and across the Main Entrance Driveway, Van Allen Way (private road) (as depicted on the Exhibit E, Site Map, and Exhibit N, Pedestrian and Vehicular Access, attached hereto), and any future driveway and sidewalk connectors for the purpose of vehicular and pedestrian ingress and egress to and from the GC Net Parcel, LIFE Parcel and the Mararisk Parcel to the public roadway, Faraday Ave. 2. Parking Spaces. The minimum number of parking spaces required pursuant to Chapter 21.44 of the Carlsbad Municipal Code shall be accessible, striped, and available at all times for the employees and guests of the Parcels as shown on the Site Map attached hereto as Exhibit E. Each Owner hereby grants and conveys to the other Owners and to their respective successors and assigns a perpetual, non-exclusive easement for parking on those portions of each Owner's Parcel improved for parking such that reciprocal parking rights shall exist among the Parcels for the benefit of the Owners and their tenants and occupants, and the employees, invitees and customers of such Owners, tenants and occupants. The Owners and their respective successors in interest shall not construct or permit the construction of any structure on the parking areas within the parcels or restripe the parking areas so as to reduce the delineated number of parking spaces shown on the Site Map attached hereto as Exhibit E if the effect of such reduction will give rise to a violation of the City's minimum parking requirements applicable to the Parcels (without replacing any eliminated parking spaces with at least as many additional parking spaces on such Owner's Parcel as is necessary to comply with the City's minimum parking requirement applicable to the Parcels) nor shall the Owners or their respective successors in interest restrict access to such parking spaces by employees and guests of each of the three (3) Parcels. 3. Cross-Drainage and Utility Easements. 3.1 Mararisk Parcel. Mararisk hereby grants and conveys to GC Net and to their respective successors and assigns, and GC Net hereby accepts from Mararisk, a permanent easement for cross-drainage to and from the GC Net Parcel upon, over and across those portions of the Mararisk Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the two Parcels. For the purpose of this paragraph, WEST\223091116.8 4 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies "established" drainage is defined as the drainage patterns existing as of the completion of construction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7 A, and which cross-drainage is further depicted on Exhibits F and G attached hereto. 3.2 GC Net Parcel. GC Net hereby grants and conveys to Mararisk and LIFE and to their respective successors and assigns, and Mararisk and LIFE hereby accept from GC Net, a permanent easement for cross-drainage to and from the Mararisk Parcel and LIFE Parcel upon, over and across those portions of the GC Net Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the Parcels, as of the completion of construction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7A, and which cross-drainage is further depicted on Exhibits F, G, H, I, L and M attached hereto. 3.3 LIFE Parcel. LIFE hereby grants and conveys to GC Net and Mararisk and to their respective successors and assigns, and GC Net and Mararisk hereby accept from LIFE, a permanent easement for cross-drainage to and from the GC Net Parcel and Mararisk Parcel upon, over and across those portions of the LIFE Parcel for the purpose of facilitating the established surface drainage pattern over, and storm pipe system serving, the Parcels, as of the completion of construction of grading and improvements identified on City of Carlsbad Dwg. No. 462-7 A, and which cross-drainage is further depicted on Exhibits H, I and J attached hereto. 3.4 No Interference With Drainage. No Owner shall in any way interfere with or obstruct the established surface drainage pattern over the Owner's Parcel from adjoining or other Parcels, and in the event it is necessary to change the established drainage over the Owner's Parcel, such Owner shall make adequate provisions for proper drainage. If an Owner determines that it is necessary to change the established drainage over such Owner's Parcel, such Owner will give at least ten (10) days prior written notice to the affected Owner describing the change, and such Owner shall have a temporary construction easement over the affected owner's Parcel for the duration of any construction activity necessary to change the established drainage. Such Owner will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of all of the Parcels. 3.5 Utility Easement in Favor of LIFE. GC Net hereby grants and conveys to LIFE and to its respective successors and assigns, and LIFE hereby accepts from GC Net, a permanent easement for underground electrical lines for the site lighting of the parking area located on the LIFE Parcel upon, over and across those portions of the GC Net Parcel for the purpose of facilitating lighting of the parking stalls over the Parcels, as of the completion of construction of grading and improvements identified on Exhibit K attached hereto. GC Net reserves the right to relocate, at GC Net's expense, any such underground electrical lines in the future in connection with any improvements hereafter constructed on, or other alterations affecting, the GC Net Parcel, and in this regard, GC Net will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of the LIFE Parcel. 3.6 Utility Easement in Favor of Mararisk. GC Net hereby grants and conveys to Mararisk and to its respective successors and assigns, and Mararisk hereby accepts from the GC Net, a permanent easement for underground electrical lines for the site lighting of the parking area located on the Mararisk Parcel upon, over and across those portions of the GC Net Parcel for the purpose of facilitating lighting of the parking stalls over the Parcels, as of WEST\223091116.8 5 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies the completion of construction of grading and improvements identified on Exhibit K attached hereto. GC Net reserves the right to relocate, at GC Net's expense, any such underground electrical lines in the future in connection with any improvements hereafter constructed on, or other alterations affecting, the GC Net Parcel, and in this regard, GC Net will use commercially reasonable efforts to minimize any disturbance or inconvenience to the use of the Mararisk Parcel. 3.7 Street Lights Within Main Entrance Driveway. As a consequence of the City's vacating Van Allen Way, the two (2) street lights within the vacated Van Allen Way right of way (the location of which are depicted on Exhibit P attached hereto) will become privately owned, with one street light reverting to GC Net and the other to LIFE as depicted on Exhibit P. Notwithstanding the reversion of such street lights to GC Net and LIFE, LIFE shall, at its sole cost, operate, maintain, repair and replace these street lights. GC Net hereby grants to LIFE an easement to enter upon the GC Net Parcel for the purpose of maintaining, repairing and replacing the street light located on the GC Net Parcel. LIFE will apply for and obtain from the City an electrical permit for a new street light electric meter required in order to supply electricity to these street lights. 3.8 Storm Drain Facilities. As a consequence of the City's vacating Van Allen Way, the existing storm drainage facilities located within the vacated Van Allen Way right of way (i.e., the storm drain easements per Parcel Map 17971 and which drainage facilities are more particularly depicted on Exhibit 0-1 attached hereto) and the drainage easement burdening the GC Net Parcel more particularly described in Exhibit 0-2 and depicted in Exhibit 0-3 and the drainage easement burdening the LIFE Parcel more particularly described in Exhibit 0-4 and depicted on Exhibit 0-5 attached hereto will become privately owned, reverting to GC Net and LIFE as depicted on Exhibit 0-1. Notwithstanding the reversion of such drainage facilities to GC Net and LIFE, LIFE and GC NET hereby grant an easement to the other to the extent such the GC Net Parcel and LIFE Parcel use such drainage facilities for transmitting storm water runoff into public facilities. LIFE shall, at its sole cost, maintain, repair and replace such storm drain facilities. GC Net hereby grants to LIFE an easement to enter upon the GC Net Parcel for the purpose of maintaining, repairing and replacing such drainage facilities located on the GC Net Parcel and LIFE hereby grants to GC Net an easement to enter upon the LIFE Parcel for the purpose of maintaining, repairing and replacing such drainage facilities located on the LIFE Parcel. 4. Maintenance. 4.1 Maintenance of the Shared Parking Areas, the Private Street (Van Allen Way), and Other Vacated Improvements. Each Owner shall maintain, repair and replace all paved surfaces, curbs, gutters and sidewalks of the parking areas and driveways, including, without limitation, all driveways, medians and other hardscape improvements, shared utilities, lighting, storm drain facilities, water quality devices, and low impact development features ( all of the foregoing collectively referred to as the "Shared Private Improvements") located on its Parcel in a level, smooth and evenly covered condition with the type of materials originally installed or of similar quality, use and durability; provided, however, the Shared Private Improvements shall not include the Main Entrance Driveway. Instead, LIFE shall maintain, repair and replace all pave~ surfaces, curbs, gutters and sidewalks comprising the Main Entrance Driveway without any obligation of the other Owners (i.e., the owner of the Mararisk Parcel and WEST\223091116.8 6 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies the owner of the GC Net Parcel) to share in, or otherwise contribute to, the cost of such maintenance, repair and replacement of the Main Entrance Driveway. Similarly, LIFE shall maintain, repair and replace the vacated street lights and storm drain facilities described in Sections 3.7 and 3.8 above (the "Vacated Street Lights and Storm Drain Facilities") without any obligation of the other Owners to share in, or otherwise contribute to, the cost of such maintenance, repair and replacement. The cost of maintaining, repairing and replacing the Main Entrance Driveway and the Vacated Street Lights and Storm Drain Facilities shall be the obligation of the owner of the LIFE Parcel, and as such, the obligation shall "run with the land" as more particularly described in Section 7 below and such obligation will survive the expiration or sooner termination of the Mararisk Parcel Lease and the GC Net Parcel Lease. Such maintenance work shall also include, without limitation, placing, keeping in repair, and replacing any necessary appropriate signage and striping lines, curbs and gutters, and street lights, and periodic sweeping and debris removal. As of the date of this Agreement, the Main Entrance Driveway is a fully improved paved roadway, with curbs, gutters and sidewalks. Each Owner shall be liable for the cost of all maintenance, repair and replacement relating to the Shared Private Improvements located on its Parcel. Notwithstanding anything to the contrary contained in the foregoing, since LIFE is the sole tenant of the Mararisk Building and the GC Net Building pursuant to leases that impose such maintenance and repair costs upon the tenant, LIFE shall be liable for all maintenance and repair costs associated with the Shared Private Improvements inasmuch as Mararisk and Griffin have the right to "pass-through" to LIFE any costs allocated to their respective parcels under this AGREEMENT so long as the Mararisk Parcel Lease and the GC Net Parcel Lease are in effect and provide for the right to "pass-through" to LIFE such costs. 4.2 Failure to Maintain. In the event that any Owner fails to maintain that portion of the Shared Private Improvements located on its Parcel substantially in accordance with the standards described in Section 4.1 ("Non-Maintaining Owner") or LIFE fails to maintain the Main Entrance Driveway or the Vacated Street Lights and Storm Drain Facilities, any other Owner ("Maintaining Owner") may notify the Non-Maintaining Owner of its failure to perform its maintenance obligations hereunder; such notice to specifically set forth the maintenance which was not performed. If, following such notice, the failure to maintain persists for thirty (30) days (or, if such failure cannot be cured within such period, the Non-Maintaining Owner fails to commence to cure within such thirty (30) day period and to proceed diligently thereafter to complete the cure), the Maintaining Owner shall have the right, but not the obligation, to assume responsibility for such maintenance pursuant to the terms of this AGREEMENT. In the event the Maintaining Owner assumes the responsibility of the Non- Maintaining Owner as provided herein, the Non-Maintaining Owner shall be obligated to reimburse the Maintaining Owner. After the Maintaining Owner completes the maintenance responsibilities of the Non-Maintaining Owner, the Maintaining Owner shall deliver an invoice ("Maintenance Invoice") to the Non Maintaining Owner for costs incurred by performing such maintenance ("Maintenance Expenses") plus a five percent (5%) administrative fee. The Non- Maintaining Owner shall reimburse the Maintaining Owner within thirty (30) days of receipt of the Maintenance Invoice. All Maintenance Expenses not paid for when due shall bear interest at the legal rate. Any claims arising under this Section 4.2 shall be junior and subordinate to the lien of any then existing first priority mortgage or deed of trust. The preceding paragraph to the contrary notwithstanding, a party shall not be entitled to exercise its self-help remedies during the pendency of any legal proceedings involving the dispute in question. Any Owner may request from any other Owner an estoppel certificate for the purpose of confirming the absence of any defaults under this AGREEMENT, including without limitation, the absence of any WEST\223091116.8 7 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies failure of the requesting Owner to maintain that portion of the Shared Private Improvements located on its Parcel or, in the case of LIFE, to maintain the Main Entrance Driveway or the Vacated Street Lights and Storm Drain Facilities. Any Owner receiving a request for such an estoppel certificate will execute and deliver such an estoppel certificate within thirty (30) days after its receipt of a written request therefore. 5. Indemnification. 5.1 Liens and Claims. Each Owner shall defend (with counsel reasonably acceptable to the other Owner(s)), indemnify and hold the other Owner(s) harmless from and against any mechanics, materialmens and/or laborers liens, and all costs, expenses, losses and liabilities in connection therewith, including without limitation reasonable attorneys' fees and court costs ( collectively, "Claims"), arising out of the performance of the obligations hereunder by each Owner or its agents, employees, contractors or subcontractors except to the extent any such Claims are caused by the gross negligence, recklessness or willful misconduct of the other Owner(s) and their Permittees. As used herein, "Permittees" shall mean and refer to each Owner's tenants, subtenants, occupants, employees, contractors, licensees, customers and invitees. Each Owner shall have the right to obtain and record a surety bond as provided by California Civil Code Section 314 3 against any Claims giving rise to any mechanics, materialmen and/or laborers liens affecting such Owner's Parcel, and the Owner failing to pay for the work that gives rise to any such Claims shall reimburse the Owner who obtained and recorded such bond for the entire cost of any such bond. 5.2 Indemnification. Each Owner shall indemnify, defend (with counsel reasonably acceptable to the other Owner(s)), protect, and save the other Owners harmless from and against any and all demands, liabilities, losses, damages, expenses, causes of action, suits, claims, and judgments, including, but not limited to, reasonable attorneys' fees, arising or relating to personal injuries or property damages arising from the indemnifying Owner's performance of its obligations hereunder, except to the extent caused by the gross negligence, recklessness or willful misconduct of such other Owners or such other Owners' Permittees. 5.3 Survival. The provisions of this Section 5 shall survive any termination of this AGREEMENT in whole or in part. 6. Insurance. 6.1 Liability Insurance. In connection with the maintenance obligations under Section 4 of this AGREEMENT, each Owner shall at all times maintain or cause to be maintained in full force and effect a commercial general liability insurance policy ( on an occurrence and a per location basis) insuring against all claims for personal injury, death or property damage occurring upon, in or about the Owner's Parcel or as a result of the performance of the Owner's maintenance obligations hereunder, with combined single limits of at least Two Million Dollars ($2,000,000.00) per occurrence for the respective Parcel, which insurance shall include broad form blanket contractual liability coverage covering the insured's indemnity obligations hereunder. All such insurance policies shall be issued by a financially responsible insurance company or companies authorized and licensed to issue insurance policies in the State of California. An Owner, if requested in writing by another Owner, will provide the requesting Owner a certificate of insurance adding as an additional insured the requesting Owner WEST\223091116.8 8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies and any lender holding the lien of a first priority mortgage or deed of trust against the requesting Owner's Parcel. 6.2 Blanket Insurance. Any insurance required to be carried pursuant to this Article may be carried under a policy or policies covering other liabilities and locations of an Owner or its affiliated entities; provided, however, that such policy or policies apply to the Parcels required to be insured by this Article in an amount not less than the amount of insurance required to be carried by such Owner with respect thereto, pursuant to this Article. 7. Covenants Running With the Land. The AGREEMENT contained herein shall constitute covenants, the burdens and benefits of which shall run with the land and bind successive owners of the Parcels. Accordingly, by their acceptance of a deed or other instruments vesting in such owner fee title in the any of the aforementioned Parcels, the owner shall own such fee title subject to, and hereby covenants and agrees to be bound by, the covenants and obligations incumbent upon the owner of such real property as set forth herein and shall be entitled to all rights and benefits accruing to the owner of such real property hereunder. 8. Amendment and Restatement. This AGREEMENT amends and restates the Amended and Restated Reciprocal Parking, Access and Easement Agreement in its entirety, and this AGREEMENT replaces and supersedes the Amended and Restated Reciprocal Parking, Access and Easement Agreement. 9. Modification or Termination. This AGREEMENT shall not be modified or terminated except by a written agreement approved by the City of Carlsbad and executed by each of the owners of the Parcels at the time of the proposed modification or amendment which is to be recorded in the Office of the County Recorder of San Diego County, California. 10. Recordation. This AGREEMENT shall be recorded in the Office of the County Recorder of San Diego County, California and shall serve as notice to all future owners and tenants of the Parcels that their use shall be benefited and/or burdened in the manner described herein. WEST\223091116.8 9 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. WEST\223091116.8 LIFE: LIFE TECHNOLOGIES CORPORATION, a Delaware corporation By: f}ffeJl L:!tf(.tJ~~ Name: Da. v ,cL F. H #,-~t s-kr Title: Ch ,e-f-1 J-o,cu,c rct I D«:'cf?/ STA TE OF CALIFORNIA COUNTY OF ,._Sc?L .r) ]_) j e!J () ) ) ) on bee. IY~ ~0/c;), , before me, S c· o 1-l--cY1 , Notary Public, personally appe~red • Ti--:>f=n A , C 0 :+-h nd-,,0=/"Y] , who proved to me on the basis of satisfactory evfclence to be the personW. whose name~A¼l:e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/~ir authorized capacity(-i:ss-), and that by his/h:e1/their signature(sj on the instrument the person(4, or the entity upon behalf of which the personE&} 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. Signature of Notary Public (Seal) ST A TE OF CALIFORNIA COUNTY ORS:l n ·Dr e__:J 0 ) ) ) on])c _c_. IP, ;;J. 0 I~ , before me, 8 . Co t ·+on , Notary Public, personally app~ared Pa \/Lol 'F. ric:rPfr-y-e /1 +e.-- who proved to me on the basis of satisfactory evidence to be the personf&) whose namef&)'.1'.sYafe- subscribed to the within instrument and acknowledged to me that he/!!!he/they executed the same in his/-her/their authorized capacity(-i0s), and that by his/.her/thsir signatureEs-) on the instrument the personw, or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Seal) WEST\223091116.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies 11 Mararisk: MARARISK CARLSBAD, LLC, a Delaware limited liability company By: By: Wes Uhlman, its Managing Manager Robert~ey, jts---~aging Manager STATE OF WASHING TON COUNTYOF___c.K--------=----lrJ.._·~b..__ ___ _ ) ) ss. ) On ,,·7-1..-,2013beforeme, Mor-treA-·~ Notary Public, personally appeared iJ )£~ L.M:u-1,A--i. , personally known to me 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. WITNESS my hand and official seal. Notary Public WEST\223091116.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies Mararisk: MARARISK CARLSBAD, L a Delaware limited liabil" company By: es Uhlman, By~ Robertc.Penney, its Managing Manager 11 STATE OF wA:s1mqoToN Ca. h-'1orn IC\ COUNTY OF Q\\lli5\d-e., • ) ) ss. ) OnJo.nueiv--d-5 2013 befo e me, M h · . A(wa~ Notary Public, personally appeared _......,,.,.....,_,__......_a........,.___,__._,__...._,.--,LJU....,..;:,,.....1------' personally known to me to be the person~ whose name(i81~e subscribed to the within instrument and acknowledged to me that@she/they executed the same i~er/their authorized capacity(~), and that by@her/their signature(~ on the instrument the person(M', or the entity upon behalf of which the person(n acted, executed the instrument. WITNESS my hand and official seal. Lmi1uuJa1ilWwoAc1_; Notary Public WEST\223091116.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies GCNET: THE GC NET LEASE (CARLSBAD) INVESTORS, LLC, a Delaware limited liability company By: Name: . Ye i ne-V1 --lt-+~-k-=--L....;.-,!--.L..:.....>.::....:...,'-'-""-.e....,_-~- T i tl e: id. evi f s-c+-- }A. a VLttje VVJ -e, tA-f- 12 ST A TE OF CALIFORNIA COUNTY OF ~s JhJqt:~5 ) ) ) On Of:CG11tt¼,-2.-c,,2 / ,,;;,..o Ir, before me, G-i ,J,i-,A • A-o ~ , Notary Public, personally appeared V'u L-l c. Ir . ~, ,-:i g-,J , who proved to me on the basis of satisfactory evidence to be the person(s{ whose name{.81 is/are subscribed to the within instrument and acknowledged to me that .h€/she/t_pey executed the same in l}ts/her/tl}iir authorized capacity(µ£), and that by lµ@her/t~ signatureWon the instrument the person0, or the entity upon behalf of which the person0 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. (Seal) r9_0:.:!.:!:,:9· 1 I ----. . LOI Anllltl County Comm. 24, 15 0 usu·" CC·=== 0 3£ .I [0~ TO CONTENT: DON NEU, City Planner APPROVED AS TO FORM CELIABRE OBALDI, Assi ant City Attorney WEST\223091116.8 Assessor's Parcel Nos. 212-130-44, 212-130-45 and 212-130-49 PUD 09-02(B) -Life Technologies 13 EXHIBIT A Property Description The land referred to herein is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Parcels 1 and 2 of Parcel Map No. 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 24, 1997 as File No. 1997-0656621 of the Official Records. Assessor's Parcel Nos. 212-130-44 and 212-130-45. A consolidation of Parcels 3 and 4 of Carlsbad Minor Subdivision No. 97-04 in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 17971, filed in The Office of the County Recorder of San Diego County, December 24, 1997 as File No. 1997-0656621 of Official Records. Assessor's Parcel No. 212-130-49. and Van Allen Way, as shown on Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, vacated per Document recorded /l-8-1:l0/3 in the Office of the County Recorder of said San Diego County as Doc.ao13-t,{pl, 5'17, of Official Records. WEST\223091116.8 EXHIBIT B Description of the Mararisk Parcel The land referred to herein is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Parcel 2 of Parcel Map No. 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 24, 1997 as File No. 1997-0656621 of the Official Records. Assessor's Parcel No. 212-13 0-4 5 and A portion of vacated Van Allen Way as shown on Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, vacated per Document recorded //-8-ol0/3 in the Office of the County Recorder of said San Diego County as Doc. il,t:J/.) -o&:>,t:, S'll , of Official Records, described as follows: BEGINNING at the Southeasterly Corner of Parcel 2 of said Parcel Map 17971, said point also being a point on the Northerly Right of Way line of said vacated Van Allen Way; thence along said Right of Way the following courses: South 63°44'17" West 66.13 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 336.00 feet; thence along said curve Southwesterly 159.54 feet through a central angle of 27°12'19"; thence tangent from said curve South 36°31'58• West 76.22 feet to the beginning of a tangent curve concave Northerly and having a radius of 25.00 feet; thence along said curve Southwesterly 33.91 feet through a central angle of 77°43'23'' to a point of cusp with a tangent curve concave Southwesterly and having a radius of 1242.00 feet, a radial line of said curve from said point bears South 24°15'21" West. said curve being a portion of the Northerly Right of Way line of 84' wide Faraday Avenue; thence leaving said Northerly Right of Way of vacated Van Allen Way Southeasterly along said Northerly Right of Way line of Faraday Avenue and said curve 56.73 feet through a central angle of 02"'37'01" to a point on the centerline of vacated Van Allen Way; thence leaving said Right of Way line along said centerline North 36°31'58" East 89.86 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 300.00 feet; thence Northeasterly along said curve 142.45 feet through a central angle of 27•12 1 19u; thence tangent from said curve North 63°44'17" East 66.13 feet; thence leaving said centerline North 26°15'43" West 36.00 feet to the POINT OF BEGINNING. CONTAINING 0.258 Acres, More or Less (which vacated portion of Van Allen Way reverting to the Mararisk Parcel is depicted in Exhibit B-1 attached hereto). WEST\223091116.8 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971. I.E. N54'09'07"W. REFERENCE DRAWINGS PM 17971 LEGEND INDICATES PORTION OF VACATED VAN ALLEN WAY. AREA = 0.258 AC. P.O.B. (R) INDICATES POINT OF BEGINNING INOICA TES RADIAL SK£TCH TO ACCOMPANY A LEGAL DESCRIPTION FOR A PORTION or VACATfD VAN ALLEN WAY IN TH[ CITY or CARLSBAD COUNTY OF SAN DIEGO STAT[ OF CALIFORNIA C □NBUL.TINC3 SHEET 1 or 1 SHEET 9755 Cl.AIREMONT MESA BOULEVARD, SUITE 100 SAN DIE:00, CALFORNIA 92124-1324 858.614.5000 • FAX 858.614.5001 • www.RBF.com OCTOBER 18, 20/f J.M. 25-104481 H: \PDATA \25104481 \CADO\MAPPiNG\EXHIBITS\4481-EXH04-REVRIGHTS.DWG GLINDQUIST 10/18/2011 WEST\223091116.8 EXHIBITC Description of the GC Net Parcel That certain real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Parcel 1 of Parcel Map No. 17971 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on December 24, 1997, as File No. 1997-0656621 of the Official Records. Assessor's Parcel No. 212-130-44. and A portion of vacated Van Allen Way as shown on Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California. f11ed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, vacated per Document recorded I/-&> -d0 I 3 in the Office of the County Recorder of said San Di ego County as Doc. o?0/,3 -{)~6/,p S-97 , of Offici a 1 Records, described as follows: BEGINNING at the Southeasterly Corner of Parcel 2 of said Parcel Map 17971, said point also being a point on the Northerly Right of Way line of said vacated Van Allen Way; thence along said Right of Way the following courses: North 63°44'17" East 92.74 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 90.00 feet; thence along said curve Easterly 29.42 feet through a central angle of 18°43 1 50 11 ; thence tangent from said curve North 45°00'27 11 East 50.00 feet to the beginning of a tangent curve concave Southerly and having a radius of 60.00 feet; thence along said curve Easterly and Southeasterly 113.86 feet through a central angle of 108°43'48" to the intersection of the Northerly Right of Way line of said vacated Van Allen Way with the Easterly prolongation of the Centerline of said vacated Van Allen Way; thence leaving said Right of Way along said centerline and said prolongation of said centerline South 63°44 1 17 11 West 248.26 feet; thence leaving said centerline North 26°15 1 43 11 West 36.00 feet to the POINT OF BEGINNING. CONTAINING 0.246 Acres, More or Less (which vacated portion of Van Allen Way reverting to the GC Net Parcel is depicted in Exhibit C-1 attached hereto). WEST\223091116.8 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971. I.E. N54"09'07"W. REFERENCE DRAWINGS PM 17971 LEGEND INDICATES STREET VACATED. AREA = 0.246 AC. EXHIBITC~l P.0.8. INDICATES POINT OF BEGINNING (R) INDICATES RADIAL SKETCH TO ACCOMPANY A APN 212-130-44 6=18'43'50" R=90.00' L=29.42' N45'00'27''E 6=108'43'48" R=60.00' L=113.86' LEGAL DESCRIPTION FOR SHEET 1 OF I SHEET A PORTION or VACATED ~ 9755 ct.AIREMONT MESA BOULEVARD, SUITE 100 VAN ALLEN WAY SAN 0!500, CALFORNIA 92.124-1324 IN THE CITY OF CARLSBAD ■ • 858.614.5000 • FAX 858.614.5001 • www.RBF.com COUNTY OF SAN DIEGO CONSUI..TINC3 STATE or CALIFORNIA ocrOBER 18, 2011 J.N. 2s-104481 H· \PDA TA \25104481 \CADD\MAPPING\EXHIBITS\4481-·EXH05-REVRiGH1S.DWG GUNDQU!ST 10/18/2011 WEST\223091116.8 EXHIBITD Description of the LIFE Parcel That certain real property in the City of Carlsbad, County of San Diego, State of California, described as follows: A consolidation of Parcels 3 and 4 of Carlsbad Minor Subdivision No. 97-04 in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 17971, filed in The Office of the County Recorder of San Diego County, December 24, 1997 as File No. 1997-0656621 of Official Records. Assessor's Parcel No. 212-130-49 A portion of vacated Van Allen Way as shown on Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, vacated per Document recorded //-~ -tROl.3 in the Office of the County Recorder of said San Di ego County as Doc. o/0/3 -tJb6~ S9 7 of Official Records, described as follows: WEST\223091116.8 BEGINNING at the intersection with the Right of Way line of said vacated Van Allen Way and the Easterly prolongation of the Centerline of said vacated Van Allen Way, said point also being a corner of Parcel A of Certificate of Compliance Doc. 1998a0696720, of Official Records; thence along said centerline and said Easterly prolongation of said centerline South 63°44 1 17" West 314.39 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 300.00 feet; thence along said curve Southerly 142.45 feet through a central angle of 27°12 1 1911 ; thence tangent from said curve South 36°31 1 5811 West 89.86 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 1242.00 feet, a radial line of said curve from said point bears South 26°52'2211 West, said curve being a portion of the Norther1y Right of Way line of 84 1 wide Faraday Avenue; thence leaving said Northerly Right of Way of vacated Van Allen Way Southeasterly along said Northerly Right of Way line of Faraday Avenue and said curve 64.57 feet through a central angle of 02°58'44u to the Southerly line of said vacated Van Allen Way, said point being a point of cusp with a curve concave Northeasterly and having a radius of 25.00 feet, a radial line of said curve from said point bears South 29°51 1 05 11 West; thence leaving said Right of Way line of Faraday Avenue along said curve and the Southerly line of said vacated Van Allen Way the following courses: Northwesterly 42.19 feet through a central angle of 96°40 1 53 11 ; thence tangent from said curve North 36°31'5811 East 55.85 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 264.00 feet; thence along said curve Northeasterly 125.35 feet through a central angle of 27"12'19"; thence tangent from said curve North 63°44 1 17" East 158.87 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 90.00 feet; thence along said curve Northerly 29.42 feet through a central angle of 18°43'51"; thence tangent from said curve North 82°28 108 11 East 50.00 feet to tne beginning of a tangent curve concave Westerly and having a radius of 60.00 feet; thence along said curve Easterly, Northeasterly and Northerly 113.86 feet through a central angle of 108°43 153 11 to the POINT OF BEGINNING. CONTAINING 0.487 Acres, More or Less (which vacated portion of Van Allen Way reverting to the LIFE Parcel is depicted in Exhibit D-1 attached hereto). WEST\223091116.8 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971. I.E. N54-09'07"W. REFERENCE DRAWINGS PM 17971 LEGEND INDICATES STREET VACATED. AREA -0.487 AC. P.0.8. INDICATES POINT OF BEGINNING (R) INOICA TES RADIAL SKETCH TO ACCOMPANY A L£GAL D£SCRIPT/ON FOR A PORTION or VACATED VAN ALL[N WAY APN 212-130-44 ~ ~a vtf' j. N ALL '\ WAY ICINITY N01 TO SCALE SHffT I Of 1 SHEFT 9755 CLAlREMONT MESA BOULEVARD, SUITE 100 SAN DIEGO, CALFORNIA 92124-1324 IN TH[ CITY OF CARLSBAD COUNTY OF SAN DIEGO STA TE or CALIFORNIA ■ ■ ■ 858.614.5000 • FAX 858.614.5001 • www.RBF.com CONSULTING OCTOB[R 18, 20 II J.N. 25-104481 H: \PDA rA \25104481 \CADD\MAPPING\EXHIBITS\4481 ··EXH06-REVRIGHTS.DWG GUNDQUIST 10/18/2011 WEST\223091II6.8 ::o' Ol 0 ~ Q) ~ > ·;::::: e:. ~ :s s:: ~ ~ s:: Ol > <+-, 0 0 Q) .!:: ..... s:: Q) Q) ..c:: ..... -~ >. Ol ;:!: Q) > ·;::::: 0 Q) u s:: Ol t:: s:: £.I:) 00 .5 '° Ol ~ :::E 0 <') EXHIBIT E -SITE MAP Q) N ..... s:i 0 f-z (/J r.Ll :3: WEST\223091116.8 Lu EXHIBIT F Cross-Drainai;:e CURB MARARISK 1 PARCEL 5791 VAN ALLEN WAY Lu z -....J >-t- 0: Lu a.. ~. a.. I AREA OF MARARlSK PARCEL DRAINING ONTO GC NET PARCEL I I z__.._,_ __ ~,~ -...JI >-t- 0: w a.. 0 0: a.. AREA OF GC NET ---PARCEL DRAINING ONTO MARARlSK .....__ __ PARCEL GC NET PARCEL 5781 VAN ALLEN WAY 20 10 0 20 5~ --"~"""" . c // /W', ✓ 'f· 60 ,., ...... _,."'''~'? l . ; >.-.\J~~~. ·-·; , ,,' ',,,,--- PROPERTY LINE STORM DRAl:S BE:SEFITTl~G GC :SET & MARARISK PROPERTY LINE MARARISK PARCEL 5791 VAN ALLEN WAY // -~ 6,, V ,✓,,, g 120 _____ ...., I I 00 '° PROPERTY-·- LINE 5C ZS '---AREA OF LIFE PARCEL DRAINING ONTO GC NET PARCEL LIFE PARCEL w z ....... _JI >-1 l-o::: w 0... 0 0:::: 0... 00 '° PROPERT!Y LINE 1 i f LIFE I PARCEL: -_J >-t- 0::: w Cl.. I ~I a.. 0 ---i1,....1__ TORl\1 DRAIN YSTEM BENEFITTIN STOR.i'\1 DRAIN SYSTEM BENEFITTING LIFE& GCNET 50 25 0 --riifil-~'liiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii..,..._~"iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii SYSTEM BENEFITTING LIFE& GC NET 00 ,,:; I 0: ; ! I RETAINING WALL GC NET PARCEL 5781 VAN ALLEN WAY I AREA,OF GC NET PARCEL DRAINING ONTO LIFE PARCEL LIFE PARCEL 40 20 C 4:1 >->>c~~,,,,,= ~--~•'> I I LINE i I PROPERTY LINE I I 00 -.:i El 5 ~ ~ l f-iii -53 $ >< l.rJ ";j "' .B "' <> iii EXHIBIT K -ELECTRICAL UTILITY EASEMENTS MARARISK PARCEL 5791 VAN / ALLEN WAY---111 t ARE..\ OF MARARJSK PARCEL DRAINING ONTO GC NET PARCEL ITTH I [r I 20 10 , /~ ''- 0 20 40 &C 00 '-0 GRAPH:C SCALE 1' = 20' I I \ I I \ I I \ l I \ I I I 'I I , L f MARARISK BUILDING 5791 VAN ALLEN WAY APN: 2 12-130-45-00 --- LIFE PARCEL 5792 VAN ALLEN WAY APN: 212-130-49-00 'FUTURE BUILDING' EXHIBIT M -CROSS DRAINAGE ,,.· l I """ ~ ,? GC NET BUILDING 5781 VANALLEN WAY APN: 2 l 2-130-44-00 PORTION OF LIFE PARCEL DRAINING ONTO GC NET PARCEL /✓-· WJl 1111111111 ' ' r11 ---+~-+ I I I I I 00 '° --~ 0 <') N S:l f-Vi w ::: z I-I I I \ I I \ ,, . ,,,, i,_,_ \--;- I I I \ I I I I I I I I I l 'I I MARARISK BUILDING 5791 VAN ALLEN WAY APN: 2 12-130-45-00 PORTION OF MARARISK PARCEL AS PERMANENT EASEMENT FOR VEHICULAR ---~---:-AND PEDESTRIAN ACCESS TO AND FROM 'l GC NET AND LIFE PARCELS " j ' .. --,· ... r ... I t ,. ~, ' ~ .. ,.. ,. .... ~"- 'l f ~ .... ~ .... ~ ,,, (J> " ,._ .... = r.c ... n = -. ,, 7 = '. I ' I, "" PORTION OF LIFE PARCEL AS PERMANENT EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS TO AND FROM GC NET AND MARARISK PARCELS I I LIFE PARCEL 5792 VAN AUEN WAY ., ,, APN: 212-130-49-00 'FUTURE BUILDING' "' . . ,;:· . ~ Q- EXHIBIT N -VEHICULAR & PEDESTRIAN ACCESS L:_ ~ '" 5781 VANALLEN WAY "' I APN: 212-130-44-00 GC NET BUILDING ::o' o:s ii/ 0 p::; 11) .... o:s > ·c .< / I e:. . ->_· .. I]] 1111 ~ ~ PORTION OF GC NET PARCEL AS PERMANENT EASEMENT FOR VEHIC AND PEDESTRIAN ACCESS TO AND F MARARISKAND LIFE PARCELS i::: ~ :;: i::: o:s I ~ I I I I I I I I > ,_ 0 ' \-.. v~~ "'¼.c; ,, . r-"'~ ' ~YI~ / ,-. 1v-1~ . ' .Ro-10 -'/, ' 0 11) .!::: .... i::: 11) 11) ..c:: .... -~ ~ ~ ' 11) > ·c .... 0 --11) <.) , 1:i-... i::: . '-t I ..... I I •· I \~---' ....... Tl1 o:s .t:: i::: µ:) i::: 00 ·a '-0 ~ ,',~ ---+~-+ I I I II 11) a: 0 ..... (") 0 N z ~ I-Cl) U-l ~ \ EXHIBIT 0-PUBLIC STORM DRAIN VACATED 00 v:, Exhibit 0-2 LEGAL DESCRIPTION DRAINAGE EASEMENT VACATION PR 11-27 That certain 20 foot wide drainage easement as dedicated in Parcel 1 of Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, the centerline of which is described as follows: COMMENCING at the corner common to Parcel A of Certificate of Compliance recorded on Oct6ber 27, 1998 as Doc. 1998-0696720, of Official Records, Parcel 1 and the Easterly Right-of-Way of Van Allen Way as shown on said Parcel Map, that portion of said Right-of-Way being a curve concave Westerly and having a radius of 60.00 feet, a radial line of said curve to said point bears North 63°25'17" East; thence along said Right-of-Way Northwesterly 16.56 feet through a central angle of 15°48'43" to the TRUE POINT OF BEGINNING; thence leaving said Right-of-Way North 35°50'53" 607.77 feet; thence North 88°25'37" East 104.37 feet; thence South 80°42'27" East 157.70 feet to the Westerly Right of Way line of College Boulevard as shown on said Parcel Map, said point being the POINT OF TERMINUS. CONTAINING 0.399 Acres, More or Less SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. This description was prepared by me or under my direction. Ernest G. Wade, LS 6052 '< RBF CONSUL TING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN 25-104481 August 23, 2011 Page 1 of 1 WEST\223091116.8 EXHIBIT 0-3 \ ' PARCEL 2 PR 11-27 \ APN 212-130-45 I \ ' \-· ' \ \t cf i~ ii I I I , I I PARCEL MAP 17971 PARCEL 1 APN 212-130-44 .P. .B Nss·25•37"E 104.37' N35.50'53"E 607.77' TO BE VACATED PER ' t.=15'48'43" STV11-01 R=60.00' N63"25'17"E IR)\ L=16.56' --------------------~-,, PARCEL A CERTIFICATE OF COMPLIANCE DOC. #1998-0696720 APN 212-130-49 sso·42'27"E 157.70' P.O.T. --1-----------------I ----·-----CXl.LBE _<t}OJL~--------- / I I BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971. I.E. N54.09'07"W. REFERENCE DRAWINGS PM 17971 LEGEND INDICATES DRAINAGE EASEMENT VACATED. AREA = 0.399 AC. P.O.C. T.P.O.B. P.O.T. (R) INDICATES POINT OF COMMENCING INOICA TES TRUE POINT OF BEGINNING INDICATES POINT OF TERMINUS INDICATES RADIAL PROJECT: PUD 09-02(8) PREPARED BY: REQUESTED BY: 9755 CLAIAEMONT MESA BOULEVARD. SUITE 100 ■ ■ ■ SAN DIEGO. CALIFOANIA 92124·1324 co N s u LT I N G 858,614,5000 • FAX 858.6145001 • www,RBF,com DWG. PR 11-27 A. P. N. 212-130-44 DATE a/23/11 EXHIBIT '8' H: \PDATA \25104481 \CADD\MAPPING\EXHl8I TS\4481-EXH02-VACA,DWG GLIN0OUIST 8/2.3/2011 WEST\223091 I 16.8 Exhibit 0-4 LEGAL DESCRIPTION DRAINAGE EASEMENT VACATION PR 11-27 That certain drainage easement as dedicated in Parcel 3 of Parcel Map 17971, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County on December 24, 1997 as File No. 1997-0656621, of Official Records, being described as follows: BEGINNING at the Southwesterly terminus of that certain course shown as having a bearing and distance of "N 36°31 158" E 55.85 1 ," on the Southeasterly Right-of-Way of Van Allen Way, and the Northwesterly line of Parcel 3 of said map, now a portion of Parcel A of Certificate of Compliance recorded on October 27, 1998 as Doc. 1998-0696720, of Official Records; thence along said line North 36°31 158" East 7.21 feet; thence leaving said line South 15°04'46" East 49.48 feet to a point on the Southerly line of said Parcel A and the Northerly Right-of-Way of Faraday Avenue as shown on said map, said point being the beginning of a non-tangent curve concave Southerly and having a radius of 1242.00 feet, a radial bearing of said curve to said point bears North 30°21'22" East; thence along said curve Westerly 10.94 feet through a central angle of 00°30'17" to the beginning of a tangent curve concave Northeasterly and having a radius of 25.00 feet, a radial bearing of said curve to said point bears South 29°51'05" West; thence along said curve and the Southerly and Westerly lines of said Parcel A Northerly 42.18 feet through a central angle of 96°40'47" to the POINT OF BEGINNING. CONTAINING 509 Sq. Ft., More or Less SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. This description was prepared by me or under my direction. Ernest G. Wade, LS 6052 RBF CONSUL TING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN 25-104481 August 23, 2011 Page 1 of 1 WEST\223091116.8 I EXJUBIT o~s PARCEL 2 PR 11-27 APN 212-130-45 PARCEL MAP 17971 -....... -....... ........ TO BE VACATED PER STV11-01 APN 212-130-49 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 17971. I.E. N54.09'07"W. REFERENCE DRAWINGS PM 17971 LEGEND P.O.B. (R) INDICATES DRAINAGE EASEMENT VACATED. AREA = 509 SQ. FT. INDICATES POINT OF BEGINNING INDICATES RADIAL PARCEL 1 APN 212-130-44 PROJECT: PUD 09-02(8) PREPARED BY: REQUESTED BY: ~ 9755 CLAIREOONT UESA BOUI.EVAIO, SUITE 100 ,4e ■ ■ ■ SAN DIEGO, CALIFORNIA 92124-1324 , . . , c CJ N s UL Tl NG 858.614.5000 • FAX 858.614.5001 • www.ABF.com DWG. PR 11-27 A. P. N. 212-130-49 DATE a/23/11 EXHIBIT 'D' H·\POATA\?ci1044A1\CA[)l)\MAPPING\EXHIBITS\4481-EXH03 VACA.owe GLINOQUIST 8/23/2011 9: WEST\223091116.8 I \ \ \ I \ ... I \ 0 < 0 "' ~ CD ::::> ~ w :::> z w ~ ~ ~ < u. i. \ I I \ I I I l ·1 I MARARISK BUILDING 5791 VAN ALLEN WAY APN: 212-130-45-00 -- STREET LIGHT TO BECOME PRIVATELY OWNED BY THE OWNER OF THE LIFE PARCEL MAINTENANCE SHALL BE PROVIDED PER THE AGREEMENT. LIFE PARCEL 5792 VAN AUEN WAY APN: 212-130-49-00 'FUTURE BUILDING' EXHIBIT P -STREET LIGHTS ,, GC NET BUILDING 5781 VANALLEN WAY APN: 2 I 2-130-44-00 STREET LIGHT TO BECOME PRIVATELY OWNED BY THE OWNER . "\ OF THE GC NET PARCEL MAINTENANCE SHALL BE PROVIDED --- PER THE AGREEMENT. ---+~-+ I I I I I 00 '°