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HomeMy WebLinkAbout; |Brown, Robert & Lillia|COASTAL COMMISSION|; 89-079289; Easementt 0 Recording Requested by and Uhen Recorded Mail To: 6 EXHIBIT A 8.9 &~.q~.2~g, 0757 b'.' ' . .......... " "= 5 .- .- ... .. -. ...... .: ..... .i .. /I . . " .. ~. ~. . .T ..... . ~- " .... ...... .. ..... ... -. -_ . . " -. ." ~~ ..... .- ~ .. .. ..... ..... - .. City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 9.c :>>; rz-cz LL: 5 5 &;+ 9: :'3 . .". .. ._ ..... ... .a- - ::-..; :=:._ ...... .; -.- ...... " : +>"77>. - .. - .. ~ ......... : "Y r - -.. ~_' "L- I, i . i, x- ..: "i -, , = .. "..< . ~ +:: r: 5 Ti : _I_ - CERTIFICATE OF ACCEPTANCE &Q F-E. This is to certify that the City of Carlsbad hereby accepts the Offer to Dedicate for Permit No. 6-86-278/AR Executed by: Robert H. Brown & Lillia G. Brown on August 25 , 1986 and recorded on November 6, 1986 As Instrument NO. 86-507986 of the Official Records in the Office of the Recorder of San Diego County. February 9, 1989 By Da"ied For The City of Carlsbad - STATE rx CALIFORNIA ) 15s COUNTY OF SAN DIEGO 1 On February 9, 1989 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz /x/ personally known to me / / proved to me on the basis of satisfactory evidence -9 to be the person(s) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me thhat the corporation/agency executed it. * ************x***************** .... QFF'ICIAL SEAL 2 : * NOTARY PUBLIC-CALIFORNIA $ KAREN R. KUNDTZ 2 x SAN DIEGO COUNTY * * *X**************************** My Comm Exp. Sept 27, 1989 $ """ r " .- AB# 47f4/ MTG. 2/7/89 DEPT. MP ".. , ACCEPTANCE OF STATE COASTAL CONSERVANCY OPEN SPACE AND ACCESS EASEMENT/DEDICATIONS n %> 0 cc a B w 4 z .. 2 5 U =! 0 Z 3 0 0 1 RECOMMENDED ACTION: Adopt Resolution No. 89-3/ formally accepting seven (7) access and two (2) open space easement dedications from the California Coastal Conservancy. ITEM EXPLANATION: On July 5 and August 23, 1988, the City Council approved an agreement and subsequent amendment with the California State Coastal Conservancy to apply $100,000 of Conservancy funding toward two (2) beach access stairways. Both stairways are a part of the Carlsbad Boulevard Blufftop Walkway project currently under construction. One stairway is opposite Hemlock Avenue; the other is opposite Maple Avenue. One of the standard conditions of Coastal Conservancy grant funding is the requirement that the municipal recipient accept all outstanding easement dedications within its local jurisdiction. This condition fulfills a long standing Conservancy policy of transferring easements held by the State to a local governmental agency. These easements are granted to the California Coastal Commission by private property owners as a condition of receiving Coastal Development Permits. The City's agreement with the Coastal Conservancy identifies for acceptance the following seven (7) access and two (2) open space easements: Coastal Commission Local Street Permit No. Address Type of Easement De.dication 6-86-278/AB 6-86-492 6-85-492 5099 Shore Drive lateral beach access 3037 Ocean Street lateral beach access 3037 Ocean Street vertical beach access 6-83-81 8 2445 Ocean Street lateral beach access 6-87-36 5-77-81 6-83-613 4301, 4311, 4321 lateral lagoon access Brooks Way Ocean Street 4167 Harbor Drive lateral and vertical 2599, 2601-, 2603 open space lagoon access 6-83-613 4167 Harbor Drive open space F1045, 2590, 2875 2701 Ocean Street vertical beach access . .. . . . .~- . -. ". ". . - ".. - ... . - . . . .. \ , , .e a. . I) 3.- 429 .a6 507986 -3 I1 i .' '.&.# . , a .. : 1 2 3 4 i li Recording Requested by and ,, "._._ When Recorded, Mail To: California Coastal Commission 631 Howard Street, 4th Floor . San Francisco, California 94705 tses MQY -6 Jay 9: 4 f Attention: Legal Department i.. ..;,-.-.- i . ~ /''A;, I,, , , . ., .. L." if :-i - ~ I. ,.I ., 1.1. a;,.,,. :-:I<*.:*-,:(< f [;' :;,:*:, : ji;:> c-~?, i '(.c$~. "1 1" - 1- ?"'I; L.i" .- 1 I, Cffgpi i 'f i*;/,.c$;;[:i.i{ IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT II AND 5 6 7 'DEC~ARATlON OF RESTRICTIONS (hereinafcer "offer") is made this 25th day 8 9 10 DECLARATION OF RESTRICTIONS THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND of mqust , 19 86 , by Robert 3. Brown and LiLlia G. Erown , (hereinafter referred to as "Grantor"). I. WHEREAS, Grantor is the legal owner of a fee interest of certain . -:il real 'I jjproperty located in the County of- Sari Dieqo , State of I E 1 California, and described in_fhe attached Exhibit A (h~reinafier'referreti .)io as i 13 i 14 If. WHEREAS, all of the Property is located within tha coastal zone as . I 1 i the "Property') ; and 15 16 17 I /defined in Ssction 30103 of the California Public Resources Code (%iiicn cGde is 1 j hereinaftzr referred to as the "Public Resources Code"); and I 111. MHEREAS, the California Coastal Act of 1976, (hereinafter refzrred to I , 18 as the "kt") creates the California Coastal Commission, (hereinafter referred to as the "Comi ssion") and requires that any coastal development pernit approved'by the Comission must be consistent with the policies of the Act szt forth in Chapter 3 of Division 20 of the Public Resources Code; acd 19 i 20 21 22 23 IV. WHEREAS, pursuant to the Act, Grantor app'lied to the California Coastal COmiSSiOn for a permit to undertake development.as defined in the Act within I 24 1 25 26 27 the Coastal zone of San Dieso County (hereinafter the "Permit") ; and v. WHEREAS, a coastal development permit (Permit No. 6-86-278/AB ) 1 3RNIA ! ' 6-72' I I a L. 430 e granted on July 11 , 1986 , by the Commission in 2 attached hereto as Exhibit 8 and hereby incorporated by reference, subject to 3 accordance with the provision of the Staff Recommendation and Findings, - It * I/ the folloning condition: 5 6 7 8 9 10 11 12 13 14 15 16 I 2. .Lateral Public Access. Prior to the authorization to proceed with deyelopment, the landowner shall execute and record a document,, in a form and content acceptable to the Executive Director, irrevo- cably offering to dedicate to a public agency or private association ,approved by the Executive Di'rector an easement for,lateral public access and passive recreational use along the shoreline. The docu- ment shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the.property. Such easement shall be located from the toe of the slope of the existing riprap to the westerly property line. The document shall be recorded free of prior liens and encumbrances which the Executive 'Director determines may a.ffect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all succes- sors and assignees, and shall be irrevocable for a period of 21 years, such'period running. from the date of recording. " I 17 !lvI- WHEREAS, the subject property is a parcel located between the first 18 19 public road and the shoreline; and 22 the coast is to be maximized, and in all new'developrnent projects located 21 California Coastal Act of 1976, public access to the shoreline and along 20 VII. WHEREAS, under the policies of Sections 30210 through 30212 of the Section 30108.6 and that therefore in the absence of such a condition, a permit 27 Act of 1976 and the Local Coastal Program as defined in Public Resources Code 26 public access policies of Section 30210 through 30212 of the California Coastal 25 condition, the proposed development could not be found consistent with the 24 VIII. WHEREAS, the Commission found that but for the imposition of the above 23 between the first public road and the shoreline shall be.provided; and could not have been granted; PAPER i (REV. 8.77.1 I ULlFORNlA sr 11 I -2- I ._’ I /. 9. e- 431 I) I I IX. WHEREAS, it is intended that this Offer is irrevocable and shall 2 3 constitute enforceable restrictions within the meaning of Article ~111, Section California Revenue and Taxation Code, Section 402.1; 5 thereby qualify as an enforceable restriction under.the provision of the 4 8 of the California Constitution and that said Offer, when accepted, shall - - 6 7 dedicate to the People of California an easement in perpetuity for the purposes 8 No.6-86-278/to Grantor by the Commission, the owner(s) hereby offer(s) to NOM THERE.FORE, in consideration of the granting of Permit AB 9 of lateral public access and passive recreational use along the 10 shoreline l1 I/ located on the subject property from the toe of the slope of the I 12 13 existing rip-rap to the westerly property line. ” I* 1 and as specifically set forth by attached:Exhibit C hereby incorporated by 15 jj reference. l6 /I 1. BENEFIT AND BURDEN. This Offer shall run with and hurden the 17 assigns. This Offer shall benefit the State of Cal’ifornia. 21 recordation of this document and shall bind the Grantor and all successors and 20 and shall be effective limitations on the use of the Property from the date of 19 imposed shall be deemed to be covenants and restrictions running with the land 18 Property and all obligations, terms, conditions, and restrictions hereby 22 2. DECLARATION OF RESTRICTIONS. This offer of dedication shall not 23 ‘interfere with any rights of public access acquired through use which may exist 24 be used or construed to allow anyone, prior to acceptance of the qffer, to 25 11 - 27 // 26 on the Property. PAPER . CALIFORNIA 3 (REV. 6-72) sr -3- A' v TVk e 0 .1 3. ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS. Prior.to the 2 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions 6 effectuated. 5 the subject property in order to assure that this Offer for public access is 4 record additional reasonable terms, conditions, and limitations on the use of 3 opening of the accessway, the Grantee, in consultation with the Grantor, may 7 is held to be invalid or for any reason becomes unenforceable, no other 8 provision shall be thereby affected or impaired. - - 9 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, lo acceptable to the Executive Direct0.r of the Commission or its successor'in 21 subject property lies, or through a public agency or a private association 20 accept this offer through the local government in whose jurisdiction the 19 heirs, assigns, and successors. The People of the State of California shall 18 and perpetuity that shall run with the land and be binding on the parties, 17 and restrictions shall have the effect of a grant of access easement in gross 16 lan acceptance of this Offer by the Grantee, this Offer and terms, conditions, 15 period of 21 years starting from the date of recordation. Upon recordation of 14 6- - TERM. This iFGvocable offer of dedication shall be binding for a 13 Grantor and the Grantee, whether voluntary or involuntary. 12 binding upon and. inure to the benefit of the successors and assigns of both the 11 exceptions, obligations, and reservations contained in this Offer shall be 22 // 24 // 23 interest. 25 26 27 'APER ULIFORNIA (REY. 8.711 r // // // -4- T ./I 0 :: 433 0 // - :* 1 Acceptance Of the Offer iS subject to a covenant which runs with the 2 Illand, providing that any offeree to accept the easement may not abandon it but 3 /I -. must instead Offer the easement to other public agencies or private - 4 duration of the term of the original Offer to Dedicate. 5 associations acceptable to the Executive Oirector of.the Commission for the , at @d7AL4<# Executed on this zs day of k +i 6 7 , California. 8 ,, \ 1 '! ' .' Si gnecj' 2Jd flL4 /Q .I " :? I ' ; . " ','!O $1 Own e r , ! .I f+ gE pf h/ gR L! c.bf / J i 11 " 22 . Signed " 13 14 15 On this 3s day of LS&T , in the year % , 20 County of %o;v 1 19 1 State of California. 18 notary acknowledgment form as explained in your Notary Public Law Book. 17 on.behalf of a corporation, partnership, trust, etc., please use the correct 16 NOTE TO N0TAR.Y PUBLIC: If you are notarizing the signatures of persons signing Type or Print 21' before rneT-eL Rd.& e &, a Notary. Public, personally ' -\ 22 to be the person(s) whose name is subscribed to this instrument, and 24 personally known to me (or prove: to me on the basis of satisfactory evidence) 23 appeared 2\, \\ \\ rotdm Y r0-n 9 - . 25 26 27 "APER ULllORllIA (REV. 8.721 ac knowledged. that 4%&h.e/they executed it. _._ \aAM"h3\a-adl NOTARY PUBLIC IN AM FOR SAID STATE AND COUNTY -5- """ * - - hck ll IP $,<,?: .( .''. " -f .*T@T,..? _._. . ,,*..,.. . :-r . *z . -;.^" e I e t.: e. 43-6 I This is to certify that the Offer to Dedicate set forth above is 2 6 and the California Coastal Commission consents to recordation thereof by its 5 Coastal Development Permit No. 6-86-278 on January 11, 1986 4 3 hereby acknowledged by the undersigned officer.on behalf of the California duly authorized officer. - Coastal Conmission ptirsuant to the action of the Commission when it granted - * 7 11 Dated: OKm kq! I4a 8 9 'O I i 11 STATE OF Caiifornia 1 12 a Notary 14 13 COUNTY OF San Francisco 15 j me to be I 16 17 to be the person who executed this' instrument as the and authorized representative of the California Coastal Commission and TITLE \ la il acknowledged to me that the California Coastal Corrrnission executed it. 19 20 21 22 /I 23 24 25 26 27 -6- PAPER ' ULIFORNIA 3 (REV. 8.721 ar. , _, ,.~ '~; :* "3 ':., $7 .. . _I - * ~,$$. .$ .'.:". ,..:I ,.& ::p~oR :- .T*iTL *lJRrnCE f .I .. - , ,' $4.' , ; :: ' a q, , ; .: . .. ..I ; " , c I .+.. .~, . . .. :; .. /. 1. ._ .. c ~, 1 ,,_... ... , , 435, ,:' , I.' .. .. , . , , /.. .- ..I "'3 .. I. . .. ,, , li ~ .-,. <.. . ,, , ," . I,', ;:.. .' .. 5- - ,. ' .- i ,. , . . ' ,. :b :.:. . ' I . ' .. ,. . I .. .. - . .. .. THE LAND REFERRED TO' HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO; AND IS DESCRIBED AS FOLLOWS:. PARCEL A: LOT 16 OF TERRAMAR UNIT NO. 1,. IN THE 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 ON SEPTEMBER 6, 1950, -SPECIFICALLY EXCEPTING THAT PORTION OF PONDEROSA'DRIVE, VACATED, INCLUDED WITHIN T!iE FOLLOWING BOUNDARIES: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 17 OF SAID, TERRAMAR UNIT ,NO. 1; THENCE SOUTH 21"OO' EAST ALONG THE WESTERLY LINE OF SAID PONDEROSA DRIVE 70 FEET; THENCE NORTH 59'21 '10" EAST .TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT PORTION OF THE SOUTHWESTERLY LINE OF SUMACH DRIVE, AS- SHOWN ON SAID MAP NO. 2696, HAVING A BEARING OF SOUTH 30'38'50" EAST; THENCE NORTH30°38'50" WEST ALONG SAID PROLONGATION TO THE SOUTHEAST LINE TO THE POINT OF BEGINNING. -SOUTHEAST LINE OF SAID LOT 17; THENCE SOUTH 59O21'10" WEST ALCNG'SAID PARCEL 8: THAT POR.TION OF LOT "H" OF RANCHO AQUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTIT1ON.MAP. THEREOF ,NO.. 823, FILED IN THE OFFICE OF THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO. COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: .. BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 16 OF TERRAMAR UNIT NO. 1 , ACCORDING TO MAP NO. 2696, FILED IN'THE OFFICE 0.F THE COUNTY RECORDER OF SAN DIEGO COUNTY , ON SEPTEMBER 6, 1950; THENCE SOUTH 59°21'10".WEST TO A POINT ON THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT WHICH BEARS SOUTH 59'21'10'' WEST FROM THE NORTHWESTERLY CORNER.'OF SAID LOT 16; THENCE NORTH 59'21'10" EAST TO THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 6O25'10" EAST 109.66. FEET TO THE POINT OF BEGINNING. .. . c? : ' .'., ' " : '.' ,.. -:: ' ., ': . ' : - ,. .. Po @*,J ., . . , I. ... .. Exhibit 'A , ' . ,. I. 1126187 .. .' PAGE 4 .. 'Rt 1 >.,y-..-,..-. SA>Y- - ~~~~~~~~~~~~~~~~'.. ' ' ,'\, :, .' ,@ ..' . . , ' .. . :". % 1 *&$&; !. 1..* "' ' . p.2++.";F- $2h - ..i . 2: . & ._ . . .~ ',:'${$*,5 .,+.., ;~~~.i".;."i..c;j..!7...:-., ' '. . .. "" , , :- , "; 436':: ,',,,, ;', :.I). ; : ,. ,:. <' ;!&$ c:zG&owwa ;.-COASTAL Co~Ml~sloN , ,t . '. . . .... ..; .~ ., , ., , . I. .. :.- ., ,,. .. .. . I , .- . ts .I., , . . .. . ,.. _.. , '' \r 8. .. . .. " ,. I 3. . . ., .. r&F2$--,.+.+-H.- , z.. ...+?$$E@ CAL~~~~~~~-l).iE RESOURCES AGENCY .$$;$t>G4 , . ..- .. ' i ,' I_ .. . ' GEORGE D~-~)~;MEJ;F:.. tore, ,.....) bcr"B,.v "21 R13 SOUTH, SUITE 125 r, ,c SAN DIEGO. 'CA .,92108-3520. ', : . . . , '., ' .' * . , Permit Application NO. . 6-86-278/~~ (619) 297:9740 . , .' I .. June 11. 1986 ,-? ' . ',"I& . . , L '_* .. :A*.: :. .I , .. , . - . . :OAST DISTRICT ,. ,. , ./ .. Page I of 5 !<;;a , ": ' . ,Date a. .. . . .. " . f' SAN DIEGO C lltl rhullrlh hl 8. , .I,. ' ,. . .-('.', , . ,.. . .. , ,.. . . ., . -_ ~'ADMINISTRA~IVE' PERMIT '8 , , . . I c: i! '7 pz;; .. -* .. "-Q*z- ." .".. ._._ . , , , .. . APPLICANT:. Robert 'and".Lil'lia Broh ' ' ' I. - I. , ' , ,I .. .. . ', PROJECT DESCRIPTION: Demolition of existing single family residence and construction of a two-story, 5,000 sq. ft.. single family,'residence with attached garage on a 12,391 sf. bluff top parcel'.in Carlsbad. PROJECT LOCATION: 5099 Shore .Drive, Carlsbad, San Diggo County. .. " .. . . .. APN 21 0-031 -08 .1 F- . ' e,. . .# I .. EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, are discussed on subsequent pages. - NOTE: The Commission's Regulations provide that this permit shall be reported to the Commission at its next meeting. 1.f. one-third or more of the appointed membership of the Commission so request, a permit will not be issued for this' permit applica.tion. Instead, the appli,cation will be removed -from the administrative calendar and set for public hearing at a subsequent,Commission meeting. Our office will notify you if such removal' occurs. This permit will be reported to the Commission at the following time and place: DATE and TIME: 9:00 a.m., Friday, LOCATION: Burton W. Chace Park July 11, ,1986 . West end of Mindanao Way Marina del Rey ., IMPORTANT - Before YOU may proceed with development, the following must occur: .- For this permit to become .,.effective you must. sign the enclosed dupl.icate, ,copy acknowledging 'the perrriit(s- receipt and accepting its contents;. including a17 . . conditions, and return it";to our office. Following the Commission's 'meeting, and once we have received.the slgned acknowledgment and evidence of compliance with all special conditions, we will send you an authorization to proceed with development. BEFORE YOU 'CAN OBTAIN ANY LOCAL' PERMITS AND PROCEED WITH PERMIT AUTHORIZATION FROM THIS OFFICE. ' DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE development. BEFORE YOU 'CAN OBTAIN ANY LOCAL' PERMITS AND PROCEED WITH PERMIT AUTHORIZATION FROM THIS OFFICE. ' DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE PETER DOUGLAS Executive Di rector " .Q,;, , .:" .',#: ', .S.', '"..,&' ' * '. ' . .. .. ,, a , .. . , .j , .,,' .. .. -, .* .I , .. * *By: .. ,. fl' L/ ,. bhdMLLmJk< ,EXHIBIT ..B: : 4 ,' e e c 437 6-86-278 d, . Page 2 STANDARD CONDITIONS: 1, Notice of Receipt and Acknowledqernent. The permit is not valid and development shall not commence' until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation.from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or 'interpretation of any condition will be resolved by the Executive Oirector or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person; provided assignee files with the Commission an a'ffidavit accepting a71 terms and conditions of the permit.. 7. Terms and Conditions Run with &e Land. These terms and conditions shsll be perpetual, and it is the intention of the Commission and the permittee to bind a17 future owners and possessors of the subject property to the terms and conditions. EXECUTIVE DIRECTOR'S DETERl4INATION (continued): Pursuant to Public Resourc<s Code Section 30624, the Executive Director hereby determines that the proposed development, subject to Standard and Special Conditions as attached, is in conformity with the certified Carlsbad Local Coastal Program-Mello I1 segment and will not prejudice the aaility of the local government to prepare a fully certifiable Local Coastal Program that is jn conformity with the provisions of Chapter 3, and will not have.any significant impacts on the environment within the meaning of the California Environmental Quality Act. Any development located between the nearest public road and the sea is in conformity with the public access and public recreation policies of Chapter 3. The applicant proposes to demolish an existing single family residence and construct a 5,000 sq. ft. replacement single family residence. The project site is located on Shore Drive in Carlsbad, between the Pacific Ocean and the designated first coastal roadway. The property extends from Shore Drive west approximately to the mean high tide line. The existing residence is one story ._ @ s 433 0 ,.1 ,. . .'. .. , 6-86-278 d"' , . ,. ,;" I I/- Page 3 ,,./ .., . in height and includes an attached garage. The proposed structure will be one and two stories with a loft for a maximum height of 35 feet. It will also inciude an attached two-car garage. An existing seawall, 8 feet in hetght, extends across the property at roughly the 12 (MSL) elevation. Rip-rap has been placed west of the seawall also across the full extent of the property (SDCRC/F6944). An existing stairway provides access to the shore from the residence. Another access exists adjacent to the site to the north. Here a private, locked gate access is available for use by the Tierramar Beach Association. Project plans call for the existi.ng .residence and all associated improvements to be demolished and.removed from the site. The majority of the proposed replacement structure will follow the same westerly alignment as the enclosed portions of the existing structure. The certified Carlsbad tCP Hello I1 segment calls for new oceanfront development to observe an ocean setback determined by 3 "stringline method". In this'method, an imaginary line is drawn between the seaward extent of the enclosed structures to the north and the south of the site. A similar line is established for associated structures such as patios and decks. These "stinglines" establish the minimum setbacks for development on an oceanfront lot. As mentioned, the enclosed portions of both the existing and proposed residences follow the same alignment. The proposed residence does include accessory patio and deck areas that,lie seaward of those of the existing structure. However, .these improvements are still located to the east (inland) of the stringline for such accessory uses established in the area. Construction of these uses would invoive' minor encroachment onto a slope covered with non-native vegetation (iceplant). No changes to the existing seawall or rip-rap are proposed. The project site lies between the Pacific Ocean and the fist coastal roadway, hrlsbad Boulevard.. No vertical public access to the shore presently.exists along Shore Drive or in the adjacent residential area to the north, Tierra del , Mar. Public access does e);ist further to the north at the State beach across from the Encina Power Plant. and approximately a third of a mile to the south where a section of State beach also exists. Vertical access to the beach does exist adjacent to the subject site on an improved .accessway. However, as mentioned, this accessway is not public, but rather, is available only to members of a private beach association. The accessway is fenced and locked. The Executive'Director finds that with access existent relatively nearby to the north and to the south-that imposition of a'vertical access requirement is .not warranted for this project. Because the property includes a portion of sandy beach (depending on tide and beach conditions),.special condition #2 has been attached to the permit. The special condition requires the applicant to record a lateral public access easement over that portion of the property which lies between the toe of the existing rip-rap and the westerly property line. This strip of shoreline frontage has been subject to historic public use. The condition thus acts to preserve the public's interest and pass6ve recreational use along the area. .I J I, ,, . e 0 s 439 6-g6-;76 Page 4 .. This condition is consistent with the certified Carlsbad LCP trlello I1 segment which calls for maximization of public act-ess pursuant to Section 30210 of the Coastal Act. Special condition #1 has also been attached to the permit because of the inherent risks involved with construction on ocean front lots. The condition requires the applicant to record against the deed for the property, a document which acknowledges the applicant's assumption of risk in building in such a location and waives the Commission's liability for approval of the project. Both the assumption of risk and public access recordation documents shall be of a form and content acceptable to the Executive Director. In order to protect the bluff below the residence from erosion, special condition #3 has also been attached to the pennit. The condition requires the applicant to submit a drainage plan for the review and written approval of the Executive Director. The drainage plan shall.,include measures to assure that where possible, drainage from the impervious surfaces of the project will be directed to street drains and away from the bluff face itself. Where this is not possible, measures are to be provided that assure a non-erosive velocity for the drainage ,to be discharged over the bluff face. As conditioned, the Executive Director finds that the project is consistent with a17 applicable policies of the Coastal Act and Carlsbad LCP and should have no impact on coastal resources. SPECIAL CONDITIONS: .. 1. Applicant's Assumption of Risk. Prior to the authorization to proceed with development, the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which . shall provide: (a) that the applicant understands that the site may be subject to extraordinary hazard from waves during storms and from erosion, and - the applicant assumes the liability from such hazards; and (b) that the applicant unconditionally waives any claim of liability on the part of the Commission and agrees to indemnify and hold harmless the Commission and its advisors relative $0 the Coknission's approval of the project for any damage due to natural hazards. The document sh'all run with the land, binding a17 successors and assigns , and. shall be recorded free of prior liens and encumbrances which the Exe.cutive Director determines may affect the interest 'being conveyed. 2. lateral Public Access. Prior to the authorization to proceed with development, the landowner shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreational use along the shoreline. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. Such easement shall be located from the toe of the slope of the existing rip-rap to the westerly property line. The document shall be recorded free of prior liens and encumbrances which the Executive, .. . 1) 3 440 0 6-86-278 Page 5 Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of record.ing. 3. Drainage Plan. Prior to the authorization to proceed with development, the applicant shall submit for the review and written approval of the Executive Director, a drainage and run-off control plan. This plan shall document that run-off from the roof, driveway and other impervious surfaces of the project will be collected and appropriately discharged. Where possible, run-off shall be directed away from the bluff and into stFeet drains, any run-off that is to be directed over the bluff shall be retained and discharged at a non-erosive velocity in order to protect the bluff from erosion. ACKNOWLEDGEMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accep d its co tents cluding all conditions. $!!>.A9 XgL- .’ .,’+~~&,+& ’/ .d7 /& AQ /g Ct-7 // Abplicant’s Signature / ’Date of Signing (6278R) I 1 4 I -! di t I i 6 .. 0 " s a Q J _. 4- - - :' iD 'I -in .in ' A - -"#I" " "" -~~~ ~~- "- - -. - "_-.,""- ..---.-.--- i #- VI" 451) 86 *- RECSXDING REQU"rSTE9 BY mD RETURN TO: . california Coascal Commission -~ . ' 631 Eovard St.. 4th floor 507988 @?e=& $! b-53L-37g I i "... C" tt: ,-;wflED is -. EDsLcGyt X d-oLJ\h O'.Sk$ !pG2 C?U!ilY.i;h. [!Ff-icl;'L E~.ZOiii)S 1986 NOV -6 AM 9' 4 2 " t- L:. - -. . L San Franciscg. Ca, 94105 VEf2.i iiLTGR9E. t,LYi-E SUSORDTNATTiN W.kh€$T r; 2 -_ +L, I :: " *VL'w .-&,.-;: . , - i: I -. . -..,'L, NOTICE: =IS S~CRDINATICN AGBEEXENT BESULTS IN YOUR SZCURITY INTEBEST IN Tl32 P9O?r,9TY BECOMING SVSJEC:: NO FEE M AND OF LCSrTR PBIORITY TEA?? TEE LIEN OF SO= OTE9 OR LATE3 SECURITY INSTRW-NT. .('XIS NOTICE REQUIRED BY camFomsA CIVIL CODE SECTION 2953.3) This subozdinarion aqreeaenc is made bet-zeen (1) Great Western Savinqs and Loan Association, a Federal Savinqs and Loan . heztinaftez calLo< "3e~eficia=y", 2x6 (2) Rnwi -_ H, ti rown and Lillia G. Brown , hercinaf tez called "TIUS~OI". . The undersigned beneficiary under . Deed Of Trust dated (3). June 3f 1,975 ar?d recorded on (4) July 2, 1975 as Document NO. (5) 75-169976 OfLicial Recgrds' in the Office 'of the .County Recorder of (6) San Dieqo, County , encumbering the' real property de'scribed in.3aibiz A (7) to this document, which Deed of Trust has as Tz-~stae (8) kalifornia Reconvevance ComDanv ' hereby acknovle5ges the (9) Irrevocable offer to 'Dedicate # - Public Access Easement and Declaration of Restriction ~ ~ ~~ ~~~ ~ ~ ~~ ~~ .. datgd (10) August 25, 198p executed by 111) Robert H- Brown and Lillia G. Brown , recorded 5 concnrrencly ,herewith, and does hereby subordinace the iEter2s'is of its Deed of Trusc therevo on beha.lf of the 3eogle of the Sta'te of Ct Ha. DATED : /6&$jA$?I$r 19, 1986 /7/,/% I ./ BY: . HINT OR TYPE ZlaOVE ROBERT H. EROWN SI~XATU E OF TXUSTOR PRINT OR TYPE ABOVE . - .. \ V / , lrvL LILLIA G. BROW^ S~GNATURE o TRUSTOR TRINT OR ..TYPE mom - __ . EC'TS D zT-!-Yz %-LC: Iz ~77 CL-"~ 3' "-4 the ~~=ZCZO,C ~~~~~-&-~~~~z -_ " .. . - - - - @A tA%s 2 k7 or' October , &- the re= $9 86 .-, befar? me 'I = ITfb=,--; - - - - - r-7- "_" ' - fl 7 "ue=zoc~~ z-,e.-.Ic I71 - I ' /I Tom Gilmore and Phyllis Bosdell 'a 7 11 per&- kcwa t:, Ee ;/ prTiec :a L;e Bx Gc= bzsis 02 szc<Sfte3c ed<Pz,.ce { .. .. 9 L bo be tks oesm(s) W~OEP nsns is z&sc%e& to t5s ;~FG~"L, Z& 10 -zc:norqLe+& t~z he/she/t~e;. exz-c~ec;, zz -.: . / . .q " i 9 L bo be tks oesm(s) W~OEP nsns is z&sc%e& to t5s ;~FG~"L, Z& 10 -zc:norqLe+& t~z he/she/t~e;. exz-c~ec;, zz -.: . / . .q " i " ' ' ~wmm'.ms.~8~*.~.~8.0S#~~....~.......~..~.~~~ I . OFFICIAL SEAL ,@g -,,/A ,. ,. ' 12 . 15 14 8 I BECK1 L. GRZZZPIE : L &@Lj+5/ CL. < *7/ )Jg 7' ; 8 NOTARY PUBLIC--CALIF>&NIA : ,' . NoT-zz mzxG z\i .bi' FOA~B . 8 -. 'os ANCELES COUNN E .: rnE Jail ST.!" PRINCIPAL OFFICE IN E MY COmmiSiOn Expires March 27, 1990 : i rn ... ==mmm.=mmw===.ma...............m.,8.,,...: 15 16 _. 17 18 19 23 21 !2 , il )- -3 4 7 7 s-522 OF c5--$-;e"-,'. ,I CZGi4TY E? 9s. -_ o-, t>Ls \y -- &y a2 Oca&< i ; in tL.;e ye= \qg b 7 bezcre m $ 'In b. Grow* '&& %\oc7+ k, &hs 7 _.. NRQr LJUS RoL.k- ? .. '-2 Eo~zL,~ Eblic; persanzXL7 zaaezzfi persozz~~~-;- ka:.~ -to ~e / prxed to ne on the 'a;*= 02 sztis~zctaq F.:CZ~CZ -LO be -~:.,e -,erson(s) k5ose ~GEL, is s-~~r~~ed'to t~s hstzm,m~, ~e .- .=~:t-:.;~~~T7~ kk=* +?.?e//-L:?E7 F:<tc:xec -77. , - _. e \[el TWRA WYSS RUDDECK NOTARY PUBLlC - CALIFORNIA i = . ' .!G T" u4JLh $&A NOT$ISY FiELIC 'I21 i?VD FOR SAL3 CSXTY AND STATE S 7 .. . ,-. L 2' .. .. I. 4: *:.: ' .. ' .' i. , . ... .. I- .. .. " . . .... !e*, ' COR ,T,TL&"WCE ;; ; ' ,' '.*u .@ . 4 5 6 5 . . ;: :, '.:::: ' .~ < . ._ , . .. . . ... . _.I . .. .. .. .. ., . - ,. .. ,. THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF' CALIFORNIA,'COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 16 OF TERRAMAR 'UNIT NO. I, IN THE 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 ON SEPTEMBER 6, 1950, SPECIFICALLY EXCEPTING THAT PORTION OF PONDEROSA DRIVE, VACATED, INCLUDED WITHIN' T9E FOLLOWING BOUNDARIES: BEGINNING AT THE MOST'SOUTHERLY CORNER OF' LOT 17 OF SAID TERRAMAR UNIT NO. 1; THENCE SOUTH 21'00' EAST ALONG THE WESTERLY LINE OF SAID PONDEROSA DRIVE 70 FEET; THENCE NORTH 59'21'10" EAST TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT PORTION OF THE SOUTHWESTERLY LINE OF SUMACH DRIVE, AS SHOWN ON SAID MAP NO. 2696, HAVING A BEARING OF SOUTH 30O38'50" EAST; THENCE NORTH3O038'-50'' WEST ALONG SAID PROLONGATION TO THE SOUTHEAST LINE OF SAID LOT 17; THENCE SOUTH 59'21'10" WEST ALCNG SAID SO.UTHEAST LINE TO THE POINT OF BEGINNING. 8 PARCEL B: / THAT PORTION OF LOT "H" OF RANCHO AQUA HEDIONDA, IN THE COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, .ACCORDING TO 'PARTITIDN MAP, THEREOF NO. 823, FILED IN THE OFFICE OF'THE OFFICE OF THE.COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: f BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 16 OF TERRAMAR UNIT NO. t, ACCORDING TO MAP NO. 2696, FILED IN THE ,OFFICE .OF THE COUNTY RECORDER CF SAN DIEGO COUNTY, OM SEPTERSER 6, 1950; THENCE SOUTH. . 59°21'10" WEST TO A POINT ON THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT WHICH BEARS SOUTH 59'21'1.0" WEST FROM THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE NORTH 59O21'10" EAST TO THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 6'25'10' EAST 109.66 FEET TO THE POINT OF BEGINNING. 0 ,' ' w: OQ ~ .. .. .. _. .. ,Ex.hibit. '-A : i a, _. . . ...* -. . . .. ,. *I .. .> b TICOR TITLE ZlllSURANCE 0 TICOR TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT NOVEMBER 18, 1986 GLENDALE FEDERAL ESCROW ATTN: MARLENE GOT2 740 LOMAS SANTA FE DRIVE SOLANA BEACH,.CALIFORNIA 92075 YOUR REFERENCE: 407-0006 OUR ORDER NO. : 1126187-AMENDED IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE POLICY. FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT'. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE, INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF NOVEMBER 6, 1986 TITLE OFFICER: 7727 544-6220 SIGNED: "- """" .. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1s: ( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979 ( ) ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE N AND 2-20-86) ( ) ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) (AMENDED 10-17-70) CLTA STANDARD COVERAGE POLICY - 1973 (AMENDED 12-6-85 """" - _" "_ , .. OR TITLE I~URANCE e THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF 1s VESTED IN: ROBERT H. BROWN AND LILLIA G. BROWN, HUSBAND AND WIFE AS COMMUNITY PROPERTY AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1: GENERAL AND SPECIAL COUNTY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1986-87 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT : NOW DUE AND PAYABLE SECOND INSTALLMENT : NOW' PAYABLE- AND WILL BE DUE, FEBRUARY 1, 1987 THE- LIEN OF SUPPLhlENTAL TAXES, IF ANY, .'ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND: TAXATION CODE OF THE.STATE OF CALIFORNIA. 2. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION GF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED : JANUARY 25, 1951, IN BOOK 3948, PAGE 389, RECORDER'S FILE NO. 11621, OFFICIAL RECORDS. RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER -. . '. FAITH AND FOR VALUE. .:- .. . ... . li. , . .~ .I ... . .. .: -SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE SEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT . .. ., .'.- - 'RECORDED : FEBRUARY 13, 1958, IN BOOK 6948, PAGE 51 1, RECORDER'S :.,. ,_, .. .'.<,.,.'- .:..:.. .. . FILE NO. 23451 OF OFFICIAL RECORDS <,.,:;- . ,;..;.;.:i: ". ,I.. ' - ,,..,~~.,-~.~-.~.'~-A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE :'-.. DATED. _.. ' . : JUNE 3, 1975 __ , . .-,I- , . . , _, , ., . . ... . ;. - ' ,:: : , ~ :- r.. - , , .. , , .. .~ .':+AMOUNT STATED HERE IN AMOUNT..-.;...-: . .. ' .,: . $ 120 , 000 . 00 I":* L :. ''^ -..::.''.TRUSTOR ,;,j:?iTL ". - . .. . .. ..... .. : tJotfN A. MARIN AND CORNELIA L. MARIN, HUSBAND AND WIFE , 'TRUSTEE - I:< : CALIFORNIA RECONVEYANCE COMPANY, A CALIFORNIA CORPORATIOh BENEFICIARY : GREAT WESTERN SAVINGS AND LOAN ASSOCIATION, A CORPORATIOh !& TICOR TITU ISURANCE 0. ,. RECORDED : JULY 2, 1975, RECORDER'S FILE NO. 75-169976 5. THE FACT.THAT PORTIONS 0F.SAID.LAND ARE USED BY THE.PUBLIC FOR BEACH AND RECREATIONAL PURPOSES AFFECTS : . THAT PORTION OF PARCEL 2 LYING WESTERLY ,OF THE BLUFFS, 6. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-507986, THE LOCATION OF SAID' EASEMEN'T IS AS FOLLOWS: SUCH EASEMENT SHALL BE LOCATED FROM THE TOE OF THE SLOPE OF THE EXISTING RIP-RAP TO THE WESTERLY PROPERTY LINE. THE DOCUMENT SHALL, BE RECORDED FREE OF PRIOR LIENS AND ENCUMBRANCES WHICH THE EXECUTIVE DIRECTOR DETERMINES MAY AFFECT THE INTEREST BEING CONVEYED. THE OFFER SHALL RUN WITH THE LAND IN FAVOR OF THE PEOPLE OF THE STATE OF CALIFORNIA, BINDING ALL SUCCESSORS AND ASSIGNEES, AND SHALL BE IRREVOCABLE FOR A PERIOD OF 21 YEARS, SUCH PERIOD RUNNING FROM THE DATE OF RECORDING. SAID IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTION HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED : NOVEMBER' 6. 1986. RECORDER'S FILE NO. 86-507988 SUBORDINATED TO : DEED OF TRUST -~ RECORDED : JULY 2, *1975, RECORDER'S FILE NO. 75-169976 7. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY : ROBERT H. BROWN AND LILLIA G. BROWN RECORDED : NOVEMBER v 6, 1986,, ,RECORDER'S FILE NO. 86-507987 RESTRICTIONS, IF ANY,' BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. .. *''&on :TITLE"SURMCE .. " .. : ;:. \" . . ,I , :; - -" .. ' . .:,??'I. i. . . :.' e- , . ,.__.. ,,. I . . . - _'I .. .. .. I. .. .. -. , . ... ??.. *:. . ... .. , .: ... . *. .. , . ., , i _: ... . -. . .. .. . . ,. :. . . L. . ,.:: .:__ . /. . ,. , 1- .:: . ,. , , .. . .. . .. - .. . .. ., .. . , .. THE LAND REFERRED TO.,HEREI'N- IS SITUATED~IN 'THE STATE OF CALIFORNIA, PARCEL A: . ' .. .COUNTY OF SAN 'DIEGO, AND IS DESCRIBED AS FOLLOWS: .. ,. .. . .- , , . I. ,. LOT. 1.6 OF TERRAMAR UNIT NO. 1, IN THE 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 ON SEPTEMBER 6, 1950, SPECIFICALLY EXCEPTING THAT PORTION OF PONDEROSA DRIVE, VACATED, INCLUDED WITHIN THE FOLLOWING BOUNDARIES: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 17 OF SAID TERRAMAR UNIT NO. 1 ; THENCE 'SOUTH 2 1'00 ' EAST ALONG THE WESTERLY LINE OF SAID PONDEROSA DRIVE 70 FEET; THENCE NORTH 59°21'10" EAST TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THAT PORTION OF THE SOUTHWESTERLY LINE OF SUMACH DRIVE, AS SHOWN ON SAID MAP NO. 2696, HAVING A BEARING OF SOUTH SOUTHEAST LINE OF SAID LOT 17; THENCE SOUTH 59O21'10" WEST ALONG SAID 30O38'50" EAST; THENCE NORTH 30O38'50" ..WEST ALONG SAID PROLONGATION TO THE .SOUTHEAST LINE TO THE POINT OF BEGINNING. PARCEL 6: THAT PORTION OF .LOT "H" OF RANCHO AQUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FIL.ED IN THE OFF1 E OF THE OFFICE OF THE COUNTY RECORDER'OF SAN DIEGO COUNTY, NOVEMBER ' F 6, 1896, DESCRIBED AS FOLLOWS: .BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 16 .OF TERRAMAR UNIT NO. I, ACCORDING TO MAP NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON SEPTEMBER 6, 1950; THENCE SO'UTH 59'21'10" WEST TO A.POINT ON THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT WHICH BEARS SOUTH 59O21'10" WEST FROM THE NORTHWESTERLY .CORNER OF SAID LOT 16; THENCE NORTH 59O21'10" EAST TO T.HE NORTHWESTERLY CORNER 'OF SAID LOT 16; THEN€E SOUTH 6°25'10s' EAST 109.66.FEET TO THE POINT .OF BEGINNING.