HomeMy WebLinkAboutCDP 2024-0042; Leavitt, Benjamin; 2026-0099263: Irrevocable Offer of Dedication IODRECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00
( ) computed on full value of property conveyed , or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
) Unincorporated area: (x) City of Carlsbad, and
FOR VALUABLE CONSIDERATION, receipt
of which is hereby acknowledged.
DOC# 2026-0099263
111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII
Apr 09, 2026 02:46 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 11
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 210-061-05-00 -----------Project ID: CDP 2024-0042
Permit Number: PR2025-0013 -----------Project Name: 5257 Shore Drive
IRREVOCABLE OFFER TO DEDICATE A MINIMUM 25-FOOT-WIDE EASEMENT
FOR LATERAL BEACH ACCESS PURPOSES
THIS IRREVOCABLE OFFER TO DEDICATE A MINIMUM 25-FOOT-WIDE EASEMENT FOR
LATERAL BEACH ACCESS PURPOSES (hereinafter referred to as the "Offer") is made by Benjamin
Leavitt, a single man (hereinafter referred to as "Grantor").
I. WHEREAS, Grantor is the legal owner of a fee interest of certain real property located in the
County of San Diego, State of California (herein referred to as the "Property"); and
II. WHEREAS, all of the Property subject to this Offer is located within the Coastal Zone as
defined in Section 30103 of the California Public Resources Code (which code is hereinafter referred
to as the "Public Resources Code"); and
Ill. WHEREAS, the California Coastal Act of 1976, (hereinafter referred to as the "Act") created
the California Coastal Commission (hereinafter referred to as the "Commission") and required that any
development approved by the Commission must be consistent with the policies of the Act set forth in
Chapter 3 of Division 20 of the Public Resources Code; and
IV. WHEREAS, pursuant to the Act, the City of Carlsbad, County of San Diego, State of
California (hereinafter referred to as the "City") did establish and approve the City of Carlsbad Local
Coastal Program 1996 and amendments thereto (hereinafter referred to as the "Local Coastal
Program") in compliance with the provisions of the Act; and
V. WHEREAS, pursuant to the Local Coastal Program, the Granter applied to the City for a
Coastal Development Permit, CDP 2024-0042 (hereinafter referred to as "Permit") to undertake
development as defined in the Act within the Coastal Zone of San Diego County; and
VI. WHEREAS, in order to provide public access pursuant to Chapter 11-2 (Mello 11), Policy 7-3
of the Local Coastal Program, the Project has been conditioned to dedicate a minimum 25 foot wide
lateral beach access easement, irrevocable for a term of 21 years, between the mean high tide line
and the coastal bluff, to the City, the State Coastal Conservancy, or other appropriate agency;
NOW THEREFORE, in consideration of the granting of Permit to the owner by the City,
Benjamin Leavitt, a single man (hereinafter referred to as "Granter"). Owner of said real property,
hereby irrevocably offers to dedicate a non-exclusive minimum 25-foot-wide lateral beach access
easement to the City of Carlsbad over, under, upon, and across said real property as described in
Exhibit "A" attached hereto and made a part hereof as follows:
1. PURPOSE AND OFFER TO GRANT. The easement and declaration of restrictions as
offered and provided for herein are for the limited purpose of allowing human pedestrian lateral beach
access and passive recreational use within the easement area subject to the Laws of the State of
California, including but not limited to Section 846 of the California Civil Code, and further subject to
the rights retained herein, including but not limited to, any prior grants and or all prior governmental
actions, permits, or permitted uses, conditions and covenants on or related to the property. The offer is
further subject to and pursuant to all state and local laws including any local ordinances and municipal
codes and the right of the City of Carlsbad and the State of California to limit or restrict the time, place,
and manner or allowable use of the easement in order to promote and or protect the health, welfare,
and safety or to enforce any state or local law, municipal code, and or ordinance.
2. DECLARATION OR RESTRICTIONS. This offer of dedication shall not be used or
construed to allow anyone, prior to acceptance of the Offer, to interfere with any rights of access
previously acquired, if any, which may exist on the Property, nor shall such Offer of dedication be used
or construed to allow anyone, prior to acceptance of the Offer, to have or acquire any such rights. After
acceptance, and except as provided for herein, Granter shall not materially interfere with the
allowable, legal, and reasonable use of the easement. Notwithstanding the above, Granter shall retain
all normal rights and incidents of ownership of their respective underlying fee interest in the Property
as provided for hePrein or which is protected pursuant to any state or local law and nothing included
herein shall restrict, limit, or be allowed to affect Grantor's rights pursuant to Section 30235 of the
Public Resources Code or any other similar or applicable law or code. Following the Offer and or the
acceptance of this Offer by recording, Granter shall not be bound to undertake any supervision or
maintenance to provide for the purpose or offer to grant, hereunder. Prior to accepting the Offer, the
Grantee shall comply with all provisions of State Law, and the Granter and Grantee may, in
conjunction with each other, agree to record and additional reasonable terms, conditions, and
limitations on the use of the Property in order to assure that this Offer for access is effectuated.
3. DURATION, ACCEPTANCE, AND TRANSFERABILITY. This irrevocable offer of
dedication shall be binding upon the owner and the heirs, assigns, or successors in interest to the
Property described herein for a period of 21 years from the effective date of this agreement and if not
accepted within the time period as set forth above, shall automatically terminate and have no further
force or affect. This Offer may be accepted by the Grantee as set forth and defined herein and shall be
subject to a limited right of assignment as set forth herein below. The Offer, as set forth and provided
for herein, shall be accepted only by the recording by the Grantee or is successor or assignee of an
acceptance of this Offer. Upon proper recording of the acceptance by the designated Grantee, this
offer and its terms, conditions, and restrictions shall be effective as a grant of a nonexclusive lateral
beach access easement, for humans, in gross and in perpetuity that shall run with the land and be
binding on the heirs, assigns, and successors of the Granter as provided for herein.
4. REMEDIES. Except for any prior grant, approved, or permitted use, of future use
pursuant to approval and or as may be allowed by State or Local Law, including any ordinance or
municipal code, any intentional act, written conveyance, contract, or authorization which uses or would
cause to be used or would allow use of the easement contrary to the terms of the Offer and which
shall occur following an allowable and legal acceptance and recording of this Offer will be deemed a
breach hereof. The Grantor and any Grantee of this easement may pursue any and all available legal
and/or equitable remedies to enforce the terms and conditions of the Offer and easement and their
respective interest in the Property. In the event of a breach, any forbearance on the part of any such
party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights
regarding any subsequent breach.
5. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid all real
property taxes and assessments levied or assessed against the Property. It is intended that this Offer
and the use restrictions contained herein shall constitute enforceable restrictions within the meaning of
a) Article XI 11, Section 8 of the California Constitution, and b) Section 402.1 of the California Revenue
and Taxation Code or successor statute. Furthermore, this Offer, easement and restrictions shall be
deemed to constitute a servitude upon and burden to the Property within the meaning of Section
3712(d) of the California Revenue and Taxation Code, or successor statute, which survives sale of
tax-deeded property.
6. SUCCESSORS AND ASSIGNS. The term Grantor as set forth in this Offer shall be
defined as the then-current fee owner of a respective parcel. The term Grantee as set forth in this
Offer shall be defined as the City of Carlsbad, a municipal corporation or any allowable assignee as
provided for herein. Should the Grantee initially named and designated in this Offer determine at any
time during the period of the Offer, that such Grantee does not desire to accept the Offer, then the
Grantee shall have the right of limited assignment to a successor Grantee described herein. The
allowable entities that may be assigned this Offer are limited to the Executive Director of the California,
or political subdivision of the State of California. The terms, covenants, conditions, exceptions,
obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of
the successors and assigns of both the Grantor and the Grantee, as hereinabove set forth.
7. EXHIBITS. Exhibit "A" is attached hereto and incorporated herein by reference as
though set forth in full. Exhibit "B" is attached hereto for clarity only and incorporated herein by
reference as though set forth in full.
8. SEVERABILITY. If any provision of this Offer is held to be invalid or becomes
unenforceable for any reason, no other provision shall be thereby affected or impaired.
(SIGNATURES ON NEXT PAGE)
q-t/1 IN WITNESS WHEREOF, the undersigned has executed this effective instrument this __ day of
Jl1ol'ch , 20 Z.Co.
OWNER:
Benjamin Leavitt, a single man
By:
Ben·amin Leavitt
(Print Name Here)
Owner
(Title and Organization)
See Attached Notary Certificate
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S)
MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE
SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR
CORPORATE EXECUTIONS OF THIS DOCUMENT. AL TERNA TEL Y A
TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS
THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY
OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY
EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE
CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID
INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH
RESPECT THERETO.
ACKNOWLEDGMENT
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 S 0 .
County of an iego
,2026 before me, Anarizza Caliguiran Fabian, Notary Public
(insert name and title of the officer)
personally appeared __ iJ_._t':4'_· .,,_,_U:_V11J_,,_l? __ L_~_~1/f~-----------------
who proved to me on the basi 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.
Signature --C-===-~~--· _..,.._.,_~~~--ti __ _ (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
ACCESS
PLAN ID: CDP 2024-0042
PERMIT ID: PR 2025-0013
THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP
THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896, LYING SOUTHWESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 5 OF TERRAMAR UNIT NO. 1, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 2696 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 6, 1950; THENCE SOUTHWESTERLY ALONG THE
EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 5 SOUTH 59°17'35" WEST A
DISTANCE OF 48.21 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING
THE TOE OF AN EXISTING SEAWALL; THENCE SOUTHEASTERLY ALONG THE TOE OF
SAID SEAWALL SOUTH 55°01'03" EAST A DISTANCE OF 18.68 THENCE SOUTH
88°41'28" EAST A DISTANCE OF 9.85 FEET; THENCE SOUTH 20°58'08" EAST A DISTANCE
OF 25.81 FEET; THENCE SOUTH 43°17'18" EAST A DISTANCE OF 21.31 FEET; THENCE
SOUTH 79°32'47" EAST A DISTANCE OF 18.97 FEET; THENCE SOUTH 49°02'07" EAST A
DISTANCE OF 29.61 FEET; THENCE SOUTH 8°03'38" EAST A DISTANCE OF 9.55 FEET;
THENCE SOUTH 64°27'47" EAST A DISTANCE OF 15.07 FEET TO A POINT ON A LINE BEING
PARALLEL WITH SAID NORTHWESTERLY LINE OF LOT 5, SAID POINT BEING SOUTH
59°17'35" WEST 54.07 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 5 AND
ALSO BEING THE POINT OF TERMINATION.
EXCEPTING THEREFROM ANY PORTION LYING SOUTHWESTERLY OF THE MEAN HIGH
TIDE LINE, THE MEAN HIGH TIDE LINE IS UNDERSTOOD TO BE AMBULATORY FROM DAY
TO DAY.
SEE EXHIBIT "B" ATTACHED HERETO AND FOR ALL PURPOSES INCORPORATED HEREIN
BY REFERENCE.
PREPARED BY:
COFFMAN LAND CONSUL TING, INC.
February 13, 2026
DATE
Page 1 of 1
EXHIBIT "B"
LATERAL BEACH ACCESS EASEMENT
PLAN ID: CDP 2024-0042
PERMIT ID: PR 2025-001.3
LEGAL DESCRIPTION
PARCEL 1:
LOT 5 OF T[RRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6, 1950.
PARCEL 2*:
THAT PORTION OF LOT H OF RANCHO AGUA HED!ONDA, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896.
*FOR FULL LEGAL DESCRIPTION OF PARCEL 2, Sff GRANT DffD DOCUMENT NO. 2022-0366236,
RECORDED SEPTEMBER 15, 2022, O.R.
ASSESSOR'S PARCEL NUMBER: 210-061-05-00
BASIS OF BEARINGS CITY OF OCEANSIDE
THE BASIS OF BEARINGS FOR THIS
SURVEY IS THE SOUTHWESTERLY
LINE OF LOT 5 OF MAP NO. 2696.
IE NORTH 51'51 '50" WEST
LEGEND ---DENOTES DffD BOUNDARY LINE
-• • -DENOTES MEAN HIGH TIDE LINE
[--] DENOTES PROPOSED LATERAL
. . BEACH ACCESS EASEMENT
P.O.B. DENOTES POINT OF BEGINNING
T.P.0.8. DENOTES TRUE POINT OF BEGINNING
P.O. T. DENOTES POINT OF TERM/NATION
LAND SURVEYOR
RICHARD J. COFFMAN, LS 9312
COFFMAN LAND CONSUL TING, INC.
9666 BUSINESSPARK AVENUE, SUITE 106
SAN DIEGO, CA 92131
FEBRUARY 13, 2026
DATE
D SURVEYOR NO. 9312, EXP. 9/30/2026
VICINITY
APPLICANT EASEMENT PLAT -CITY OF CARLSBAD
BENJAMIN LEAVITT
5257 SHOR[ DRIVE
CARLSBAD, CA 92008
PREPARED BY: PROJECT NAME:
RICHARD COFFMAN 02/13/2026 5257 SHORE DRIVE
NAME DATE
MAP
DATE: FEBRUARY 13, 2026
SHEET 1 OF 2 SHEETS
A.P.N.
210-061-05-00
EXHIBIT "8''
LATERAL BEACH ACCESS EASEMENT
PLAN ID: CDP 2024-0042
PERMIT ID: PR 2025-0013
\
\
\
0 15 30
LOTS
1 INCH = 30 FT
,.(.7
' L2 .......:.,
\
" 0 •. \ ~ 4q ~. \ <o~
MEAN HIGHS • \(s< r
,,0 TIDE LINE '-..... _' '-LS ,S.,
"1c • --«> ' ,s-x".
.,,.c ' 0'9· • · -2lf-20
LATERAL ACCESS EASEMENT LYING "-. '6~(<-
SOUTHWESTERLY OF DESCRIBED LINE EXCEPTING ,
ANY PORTION LYING SOUTHWESTERLY OF THE "-...... \i;,
MEAN HIGH TIDE LINE, THE MEAN HIGH TIDE . , !.
LINE IS UNDERSTOOD TO BE AMBULATORY FROM • ...!
DAY TO DAY.
oc ~ '1,,, LINE#
L1
CURVE TABLE L2
CURVE DELTA RADIUS LENGTH L3
C1 26'44'07" 75.00' 35.00' L4
COFFMAN LAND ,.1
L5 .•,,
L6
JN:25181 (760 )520-4340 L7 COFFMAN LAND CONSUL TING, INC.
APPLICANT EASEMENT PLAT -CITY OF CARLSBAD
BENJAMIN LEA VITT PREPARED BY: PROJECT NAME:
5257 SHORE DRIVE RICHARD COFFMAN 02/13/2026 5257 SHORE DRIVE
CARLSBAD, CA 92008 NAME DA TE
\
LINE TABLE
BEARING LENGTH
S55'01 '03"E 18.68'
S88'41 '28"E 9.85'
S20'58'08"E 25.81'
S43'17'18"£ 21.31'
S79'32'47"£ 18.97'
S8'03'38"E 9.55'
S64'27'47"E 15.07'
DATE: FEBRUARY 13, 2026
SHEET 2 OF 2 SHEETS
A.P.N.
210-061-05-00
CERTIFICATION OF ACCEPTANCE OF IRREVOCABLE OFFER TO
DEDICATE A MINIMUM 25 FOOT WIDE EASEMENT FOR LATERAL
BEACH ACCESS PURPOSES
This is to certify that the interest in real property conveyed by the Grant
Deed, dated March 9, 2026, from Benjamin Leavitt, a single man, to the City
of Carlsbad, a Municipal Corporation, for a GRANT DEED OF EASEMENT,
is hereby accepted by the undersigned agent on behalf of the City Council
of the City of Carlsbad pursuant to authority conferred by Ordinance No. NS-
422, adopted on September 16, 1997, and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: April 9, 2026
Liana Somepalli, CPMC
Deputy City Clerk
(SEAL)