HomeMy WebLinkAbout; COASTAL CONSERVANCY; 88-266866; Easement0 c-a $8 @8!6 i "f-0 6 8 8 6 6
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. ~. > .- I. Recording Requested by and ~ i.
When Recorded Mail To: ;:- 52 ..,L:;T /,::; -5 & {I:
City Clerk
City of Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
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CERTIFICATE OF ACCEPTANCE
This is to certify that the City of Carlsbad hereby
accepts the Offer to Dedicate for Permit No. 6-85-502 Executed by:
Nancy Fay Johnson on December 16 , 19%
and recorded on January 25, 1986 As Instrument No. 86-035770
of the Official Records in the Office of the Recorder of
San Diego County.
May 26, 1988 BY AdT* ATENeIerk L?
Dated 4 For The City of Carlsbad
STATE OF CALIFORNIA 1
COUNTY OF 1
On May 26, 1988 , before the undersigned, a Notary Public,
155
personally appeared Aletha L. Rautenkranz 9
/X/ personally known to me
! .! pr~ve!! to me an the _hasis nf satisfactcry evidencc
to be the person(s) who executed the within instrument as City Clerk
of the corporation/agency therein named and acknowledged to me that tht
corporation/agency executed it.
;*************x************.** * * * * *
OFFICIAL SEAL t
NOTARY PUBLIC-CALIFOANIA *
:**St*****************.***: MY Comm. EKP. sepr. 27. IJ~ *
KAREN R. KUNDTZ $
SAN OEGO COUNTY s
2."- Notar Pub1 i in
County and State :I.i
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Recording Requestecl by ad when Recorded, Mail To: T~ OR~CINAL OF ;'''.'
.j ~, ~ -., . 1 .. " t " ' "7. -
California Coastal Commission ON"" ; ,i .;: ._
San Francisco, California 94105 Attention: Legal Department i '4 ,J
Mail Tax Statants To:
Robert Gibson Johnson & Nancy Fay Johnson 611 West Sixth St. , #I3320 Los Angeles, California 90017
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/ -ax+ ' ' '' ". .@-A
,,/'g)) / 631 Howard Street, 4th 17Loor VEW L. !'/I. > *.
Space Above This Line For Recorder's I
IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMXNT AND
DECLARATION OF RESTAICTIONL ."
THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASE
MENT AND DECLARATION OF RESTRICTIONS (hereinafter "of fc>r") i
made this 16th day of December, 1985, by Nancy Fay Johnso
(hereinafter referred to as "Grantor").
WHEREAS, Grantor is the legal owner of a fee interest
Of certain real properties located in the County of San Dieg
State of California, and described in the attached Exhibit: A
(hereinafter referred to as the "Property") ; and
WHEREAS, all of the Property is located within t.he
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
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WHEREAS, the California 'Coastal Act of 1976, (hereinafter
referred to as the "Act") creates the California Coastal
Commission (hereinafter referred to as the "Commission") and
requires that any development approved by the Commission must
be consistent with the policies of the Act set Eorth in
Chapter 3 of Division 20 of the Public Resources Code; and
WHEREAS, Pursuant to the Act, Grantor applied to the
Commission for a permit to undertake development as defined
in the Act within the Coastal zone of San Diego County
(hereinafter the "Permit") ; and
WHEREAS, a coastal development permit (Permit No.
6-85-502/AB) was granted on November 22, 1985, by the Commis-
sion in accordance with the provision of the Staff Recommenda-
tion and Findings, Exhibit B, attached hereto and hereby
incorporated by reference, subject to the following conditions:
1. Waiver of liability condition to be contained
in a Deed Restriction;
2. Said Deed Restriction to be recorded free of
all prior liens and encumbrances except tax liens;
3. Lateral public access easement;
4. Updated title report reflecting recordation of
items 1, 2, and 3 above..
WHEREAS, the subject property is a parcel located
between the first public road and the shoreline; and
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WHEREAS, under the policies of Sections 30210 througl
30212 of the California Coastal Act of 1976, public access t
the shoreline and along the coast is to be maximized, and ir
new development projects located between the first public rc
and the shoreline shall be provided; and
WHEREAS, the Commission found that but for the imposi
of the above condition, the proposed development could not t
found consistent with the public access policies of Section
30210 through 30212 of the California Coastal Act of 1976 ar
that therefore in the absence of such a condition, a permit
not have been granted;
WHEREAS, it is intended that this Offer is irrevocabl
and shall constitute enforceable restrictions within the mea
of Article XIII, Section 8 of the California Constitution an
that said Offer, when accepted, shall thereby qualify as an
enforceable restriction under the provision of the Californi
Revenue and Taxation Code, Section 402.1;
NOW THEREFORE, in consideration of the granting of
Permit No. 6-85-502/AB to the owner by the Commission, the
owner hereby offers to dedicate to the People of California
or the Commission's designee an casenwnt in perpetuity for
the purposes of public access and passive recreational use
along the shoreline located on the subject property from Che
toe of the seawall to the mean high tide line and as
specifically set forth by attached Exhibit C hereby incorpor
by reference.
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1. BENEFIT AND BURDEN. This Offer shall run with
and burden the Property and all obligations, terms, conditions,
and restrictions hereby imposed shall be deemed to be covenants
and restrictions running with the land and shall be effective
limitations on the use of the Property from the date of recorda-
tion of this document and shall bind the Grantor and all
successors and assigns. This Offer shall. benefit the State
of California.
2. DECLARATION OF RESTRICTIONS. The Grantor is
restricted from interfering with the use by the public of the
area subject to the offered easement for public access. This
restriction shall be effective from the time of recordation
of this Offer and Declaration of Restrictions.
3. ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS.
Prior to the opening of the accessway, the Grantee, in
consultation with the Grantor, may record additional reasonable
terms, conditions, and limitations on the use of the subject
property in order to assure that this Offer for public access
is effectuated.
4. CONSTRUCTION OF VALIDITY. If any provision of these
restrictions is held to be invalid or for any reason becomes
unenforceable, no other provision shall be thereby affected
or impaired.
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5. SUCCESSORS AND ASSIGNS. The terms, covenants,
conditions, exceptions, obligations, and reservations contai
in this Offer shall be binding upon and inure to the benefit
of the successors and assigns of both the Grantor and the
Grantee, whether voluntary or involuntary.
6. TERM. This irrevocable offer of dedication shall
be binding for a period of 21 years. Upon recordation of an
acceptance of this Offer by the Grantee, this Offer and term
conditions, and restrictions shall have the effect of a gran
of access easement in gross and perpetuity that shall run wi
the land and be binding on the parties, heirs, assigns, and
successors. The People of the State of California shall acc
this offer through the local government in whose jurisdictio
the subject property lies, or through a public agency or a
private association acceptable to the Executive Director of
the Commission or its successor in interest.
Acceptance of the Offer is subject to a covenant whic
runs with the land, providing that any offeree to accept the
easement may not abandon it but instead offer the easeme.nt t
other public agencies or private associations acceptable to
the Executive Director of the Commission for the duration of
the term of the original Offer to Dedicate.
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44
Executed on this )b I, day of December, 1985, at
Los Angeles, California.
Dated: December \b: 1985
Signed: qGm;&\y?k60
Nancy Fay Johnson - Owner
State of California 1
County of Los Angeles )
) ss.
On this i/c -& day of December, in the year 1985, fi ,A" 3 2. before me, <.-L-.-. n:;,-. f\. -/ @Y&J , a Notary Public,
personally appeared dancy Fay Johnson, personally known to
me to be the person whose name is subscribed to this
instrument, and acknowledged that she executed it.
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,. [:,r I I'/ r: PC71 ir:i: ,,kr, .:. :',. rJolrr I r,tlI.!Llc . C~CIC $3 ' Notary Public in and for Said .'!: j:, ,,:1 ' 10s p.I!C:.?;S r.-,''i;l',' County and State . ., . ., .. . My c:,mm. cyl?if'J: UCC 11, 1:;:s - /"? " .ijlc ..-
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This is to certify that the Offer to Dedicate set for
above is hereby acknowledged by the undersigned officer on
behalf of the California Coastal Commission pursuant to auth
conferred by the California Coastal Commission when it grant
Coastal Development Permit
NO. 6-85-502/AB on November 22, 1985, and
California Coastal Commission consents to recordation therec
by its duly authorized officer.
Dated: December 3/ , 1985
STATE OF CALIFORNIA )
1 ss.
COUNTY OF SAN FRANCISCO )
On December 31 , 1985 , before me '$& L~~,&'qj7 ]/LC,(.
a Notary Public, personally appeared "-
, ),/&4 d //&
personally known to me to be the person who executed this in
ment as the -cy If I c >73 i f /A& ?lit./
TITLE
and authorized representative of the California Coastal corn
sion and acknowledged to me that the California Coastal'
Commission executed it.
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-. d //!.? ,>;c. fi (:i;,; ti:. .;', SJ!:'.~ ;:I..: 1.:. .,~a Notary Public in and for said L ,,?,<., ;:,I. *a:,; "c"a) i. .v ttf COLIL:~.~~ . , r..::,.; , !&y 8. 13% I SIuH F!:.'.?,:! "i.) !,;.i'j>;lY County and State
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All that real property situated in the County of
San Diego, State of California, described as follows:
Lots 30 and 31 in Block "A" of Hayes Land
Company Addition to Carlsbad in the City of
Carlsbad, County of San Diego, State of
California, according to the Map thereof
No. 1221, filed in the office of the
County Recorder of San Diego County,
November 4, 1909.
EXCEPTING that portion, if any, of said lots
lying below the line of the ordinary high
tide of the Pacific Ocean.
EXHIUIT "A"
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i 'CALIFORNIA COASTAL COh,\/V\ISSION
SAN DIEGO COAST DISTRICT
1333 CAMNO DEL RIO SOUTH, SUITE 125
Filed: October 7, 1985 49th Day: November 25, 1985
SAN DIEGO. CA 92108-3520 180th Day: April 6, 1986
(6 19) 297-9740 Staff: AB-SD-C
Staff Report: October 30, 1985
Hearing Date: - N_ovember 19-22 , 1985
STAFF REPORT: CONSENT CALENDAR
Application No.: 6-85-502
Applicant: Robert Johnson Agent: Mark Oleson
Description: Renodei of an existing three-story triplex including enclosul
of balcony/patio areas on two floors 0.f the structure and fol
dation work, on an oceanfront lot in Carlsbad.
Lot Area
Building Coverage
Pavement Coverage
Landscape Coverage
Unimproved Area
Parking Spaces
Zoning
Plan Designation
Project Density
Ht abv fin grade
7,000 sq. ft.
1,778 Sq. ft. (25%)
684 sq. ft. ( 87.1
3,539 sq. ft. (53%)
1,000 Sq. ft. (14%)
4
Res.
Res. 10-20 dll/ac
18.6 du/ac
25 feet
Site: 2723-2727 Ocean St., Carlsbad, San Diego County. APN 203-14C
Substantive File Documents: Certified Carlsbad Local Coastal Program
Hello 11 segment
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STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I. Approval with Conditions.
The Commission hereby krants a permit for the proposed development, subject
the conditions below, on the grounds that the development, as conditioned,
will be in conformity with the adopted Local Coastal Program, and will not
have any significant adverse impacts on the environment within the meaning
the California Environmental Quality Act.
11. Standard Conditions.
See attached page.
EXHIBIT "B"
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111. Special Conditions.
The permit is subject to the following conditions: -. - .-
1. Lateral Public Access. Prior to transmittal of the permit, .the land-
owner shall execute and record a document, in a form and content acceptable to
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 contrued 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 along the entire width of the property seaward of
the toe of the existing riprap or as generally shown on the attached Exhibit
#2. The document shall include legal descriptions of both the applicant's
entire parcel(s1 and the easement area.
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.
the Executive Director, irrevocably offering to dedicate to a public agency or
2. Applicant's Assumption of Risk. Prior to transmittal of the permit,
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 extraordi-
nary 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 its advisors relative to the Commission's approval of the project for any
damage due to natural hazards. The document shall run with the land, binding
all successors and assigns, and shall be recorded free of prior liens and
encumbrances which the Executive Director determines may affect the interest
being conveyed.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Project Description. The applicant proposes modifications to an
existing three-story triplex structure on an oceanfront lot in Carlsbad. The
modificakions include interior reconfiguration of two of the three units
however no change in the number of bedrooms is proposed. Since there is no
increase in the number of bedroons, representing a possible change in
intensity of use, the present on-site parking (one space per unit) is
acceptable. The modifications also include the removal of the (westerly) wall
of balconies located on the first and second floor of the units. These walls
actually enclose the balconies but are clearly part of accessory areas
attached to the permanent structure. The wall, as well as the existing pier
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foundation, will be replaced with a continuous foundation and an irlsulated
exterior wall. The interior remodelling is exempt from permit requirements
under Section 13253 of the Administrative Regulations; however., the expansion
of the living rooms through enclosure of the balcony areas does require
Commission review because it presents more than a 10% increas? in enclosed
living area and involves alteration of the bluff face.
2. Visual Impacts/Geologic Stability. Policies 7-12 and 7-13 of the
Carlsbad LCP Hello I1 Segment address the protection of the coast's scenic
amenities. Policy 7-12 requires the application of a "stringline" method for
locating new development on parcels located west (seaward) of Ocean Street in
northern Carlsbad. The ordinance would not allow new development to encroach
further seaward than an imaginary line drawn between the seaward extent of
development located on the properties immediately adjacent to the north 2nd
south. The restriction is applied independently to enclosed structures and
open decks/patios/and other uses accessory to actual living area.
In the case of the subject project, the enclosure of the balcony (accessory
LCP. The enclosed portions of the residencies on both the north and south
side of the subject property already extend further seaward than the alignment
of the subject balconies to be enclosed. The applicant has also supplied
geotechnical information which indicates that the site will withstand the
placement of the proposed continuous footing and the balcony conversion. The
Commission therefore finds the project consistent with the policies of the
certified LCP.
Use) areas will not conflict with Policies 7-12 and 7-13 of the certified
3. Public Access. The policies of the Carlsbad Mello I1 certified Land
Use Plan specify that public access be provided where necessary and that all
existing access points be identified and appropriately signed. The subject
site does not contain any access stairs or paths. Further, adequate access
exists approximately 300-feet to the south at Christianson Way. The site does
however extend onto the beach below which has extensively and historically
been used by the public.
Policy 7-3 of the Mello II certified Land Use Plan provides €or the protection
and eylirancemenk of lateral public access throughout Carlsbad, and calls for an
offer to dedicate that portion of private property located between the base of
coastal bluffs and the sea as an appropriate mechanism to insure that access.
This policy originated out of Section 30211 of the Act which mandates the pro-
tection of existing accessways and corridors by requiring their preservation
in conjunction with proposed development. The issuance of the permit here is
not to 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 beach seaward of the existing riprap. For this reason, special
condition #I, requiring a lateral access easement over the beach area, has
been attached to the permit. The commission finds the project, as condi-
tioned, consistent with the public access policies of the certified LCP.
4. Local Coastal ProKrnm. Sections 30170(f) and 30171 of the Coastal Act
were special legislative amendments which required the Commission to adopt ani
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implement a Local Coastal Program for portions of the City of Carlsbad and
county islands prior to specific statutory dates. The Commission's permit
decision must be adequate to carry out tbe adopted zoning ordinances as
required by Section 30510 - 1. and is no longer based on Chapter 3 of the
Coastal Act.
The Commission-approved Land Use Plan designates this site for High Density
Residential development (20-30 dwelling units per acre). The existing
triplex, with a density of 18.6 dulac, is consistent with that designation.
Further, the enclosure of the balcony areas, as proposed, does not conflict
with the visual resource policies of the LCP. Therefore, the Commission finds
that the proposed project would be in conformance with the Carlsbad Hello I1
segment LCP.
However, because this is an ocean bluff development and because the enclosure
of the balconies will represent a seaward expansion of the living area of.the
structure, specfal condition 112 has been attached to the permit. The
condition requires a deed restriction documenting the applicant's .
acknowledgement of the risks inherent in any such project, and releasing the
Commission from all liability for any damages which might result from project
+mplementation. With this condition, the Commission finds the project in
conformance with all policies in the Carlsbad LCP Hello I1 Segment, as
mandated by special legislation.
STANDARD CONDITIONS :
1. Notice of Receipt and Acknowledgement. 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 Director or the Commission.
S. Inspections. The Commission staff shall be allowed to inspect the site
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and the development during construction, subject to 24-hour advance notice.
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6. AssiKnment. The permit may be assigned to any qualified person. prowi
assignee files with the Conmission an affidavit accepting all terms ar
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions SI
be perpetual, and it is the intention of the Commission and the permit
to bind all future owners and possessors of the subject property to tl
terms and conditions.
(5502R)
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'm ' m P TICOI# rlrU~SlJRANCE
TICOR TITLE INSURANCE COMPANY 925 "6" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX IlSO SAN DIEGO, CALIFORNIA 92112 61$ 233-6081 PRELIMINARY REPORT
fEBRUARY 5, 1986
TICOR TITLE INSURANCE COMPANY OF.CAL1FORNIA ATTN: JACK WORTHINGTON
Lbl: ANCtLrt, 08. 9007 t
333 SO, GRAND, ST€ 6 100
YOUR REFERENCE: N28-8240521 OUR ORDER NO. : I141230
IN RESPONSE TO THE ABOVE REFERENCED APPLICAlfON FOR A POLICY OF TITI.! INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORT; THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE OAT1 HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAN1 AN0 THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH,' INSURfNI AGAINST LOSS,WHICW MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN 01 ENCUMBRANCE NOT SHOWN Oft REFERRED TO AS AN EXCEPTION 6ELOW OR NO1 EXCLUDED FROM COVERAOE PURSUANT TO'THE PRINTED SCHEDULES, CONDITION: AND STIPULATIONS OF SA10 POLICY FORMS,
THE PRINTED CC#CEPTKW ANO EXCLUSIONS FROM THE COVERAGE OF SA![ POLICY 6R PbLtCIES ARE SET FORTH ON THE ATTACHE0 COVER. COPIES OF TH[ POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHXCt ISSUED THIS REPORT.
THIS RE SOLELY TITLf I THAT tl
:PORT, (AND ANY SUPPLEMENTS OR 'AMENDMENTS THERETO) IS ZSSUEC FOR THE PURPOSE OF FACIL I'IATINO THE ISSUANCE OF A POLICY OF NSURANCE AND NO LIABILITY IS ASSUMED HEREBY. If IT IS OESIREE ABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
bA<EP AT 7:30 A.M, AS OF JANUARY 30, 1986
I
TZtLt OFF
SZGNED: ,E:&FR4NK J +/e-
THE FORM OF POLSCY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
( 1 ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE
t"t ALPA OWNER'S POLICY CORM B - 1970 (AMENDED 10-17-70)
( '. ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1978
(AMENDED 10-17-70) CkTA STANDARD COVERAGE POLICY - 1973
*
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'42 - 't 1CUR TITdhSlJRANCe '
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THE ESTATE OR INTEREST IN THE LAND HEREINAFTER OESCRISED OR REI TO COVERED BY THIS REPORT IS: A PtL!
TItLE TO SAID ESTATE OR INTERESY AT THE DATE HEREOF IS VESTED 1
NANCY FAY JOHNSON, A MARRIED WOMAN ,AS HER SOLE AND SEPARATE
AT THE DATE HERSOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED E.XCEPTIONS AND EXCLUSIONS CONTAI*NED IN SAID POLICY FORM WOULD BE AS FOLLOW:
1, TtiE L!EN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT T T,HE PROVISIONS OF CHAPTER 3.5 (COWENCING WITH SECTION 75) Of THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA,
2. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTIO SAID LAND Is T!6E OR SUBMEAQED LANDS, et? HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED.
EkJTEO 6Y : NANCY FAY 30HNSbN RECORDED : JANUARY 28, 1986, RECORDER'S FiLE NO. 86-03571
RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORlGIN ARE DELETEO,
SUCH RIQHTS OR EASEMBNTS AFfECTSNG THE PORTION OF SAID LAND \'kE#N HATED, FOR PUBLIC ACCESS AND INC!DENTAL PURPOSES, AS.QR{ IN AN fRREVOCABLE AND PERPETUAL OFFER. TO DEDICATE RECORDED : SANUARY 28, 1886, RECORDER'S FILE NO. 86-035370 APtfCfS : FROM THE TOE OF TH€ SEAWALL TO THE MEAN HlQH TIDl
CQVrUANTC, COtJbItXDN~ ANB RB8TR3CTXONS IN TM ALIClVC ItLurtu~u INSTRUMENT. RESTRICTXONS, IF ANY, BASED ON RACB, COLOR, RELIQIt OR NATIONAL OR16lN ARE DgLEtEb.
Sa OWRK MAtTCRmF RECORD WHICH D(, Nb't' DESCRIBE SAID LAND, BU1 WHICH, IF ANY EXIST, MAY AFFECT THE TITLE, THE NECESSARY SEARCH AND EXAMINATION WILL BE CQMPlETFD WEN A STATEMENT OF INfORMATfON HAS 8EEN RECEIVED FROM : OWNER
TAX FIGURk FOR : 1985-86 CODE AREA : 09000 PARCEL NO. : 203-140-20 LAND b
JS COVENANTS, CONUXTIONS AND RESTRICTIONS IN AN INSTRUMENT
i
Bras SYIPR~VSMENTS IWTALLYRNT i pkg d,W, PA20 $LCWB tNbTALL1YJiNT: 487.83, PAID
?9414 L. A-
TICOR TIT~dSURANCcE I b, ?@ / i
NOTE: THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN AbbITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20 .Oo RECOROZNG FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHZP IS ACCOMPANIED BY A uPRELIMi~~~~ CHANGE OF OWNERSHIP REPORT," IN LIEU Of SAXD REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER ww NQT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVlT THAT THE TRAaVSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLYCABL€,
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.- I9 TICOR TiT~dSURMCe '
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GALZfORNZA, COUNTY OF SAN DIEGO, AND IS bESCRI6ED AS FOLLOWS:
LOTS 30 AND 31 IN BLOCK "A" Of HAYES LAND COMPANY ADDITION
ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF ThE RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909.
TO CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
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' '.' @ TLCQR TITLE I~I?U~~ANC~! aJ ,
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Printed Policy Exceptions and Exclusions
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not
insured against loss, costs, attorneys' fees and expenses result-
ing from:
1 Governmental police power, and the existence or violation of any law or government regulation. This includes building
cerning:
m land use
6 improvements on the land
and zoning ordinances and also laws and regulations cons
3 Tjtle Risks: . that are created, allowed or agreed to by y,
that are known to you, but not to us, on tt
unless they appeared in the public records . that result in no loss to you
that first affect your title after the Policy not limit the labor and material lien covera
Covered Title Risks
4 Failure to pay value for your title. ' land division - envirdnmental protection 5 Lack of a right:
This exclusion does not limit the zoning coverage described . to any land outside the area specificall!
in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A, or
= in streets, alleys or waterways that touch y 2 The right to take the land by condemning it, unless a no-
tice of taking appears in the public records on the Policy This exclusion does not limit the access cov, of Covered Title Risks. Date. r
SCHEDULE B - STANDARD EXCEPTIONS
(A) Any rights, interests or claims of parties in possession of the land not shown by the public records.
(Bt Any easements or liens not shown by the public records.
This does not limit the lien coverage in Item 8 of the Covered Title Risks.
(C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks.
(D) Any water rights, claims or title to water on or under the land.
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1
AMERICAN LAND TITLE ASSOCIAT10N LOAN POLICY-1970
WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) 1 .. SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this Policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restric
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of i
. now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or
or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appr
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the i (b) not known to the Company and not shown by the public records but known to the insured claimant either at I
at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage anc
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereun
in no loss Or damage to the insured claimant; (dl attaching or created subsequent to Date of Policy (except to the
is afforded herein 85 to any statutory lien for labor or material or to the extent insurance is afforded herein as tc
sll~![!t iniprovr!mcnts under construction or completed at Date of Policy).
(11 ~lt~s tt~~~~4~h:~lw~5 tu t:wl)4v wtlll t,lYtiica\,tct "dl)lstq ~~uwlc!~s" taws ut ttw s1.111t ill WII~C:II ltlc I;~II~I Ii 5lltratctl.
.' 1'11(.tlf*11( l**IIIIIltV I){ IIIV lttvt 811 1118. tIt*.tnwI INIOI I(I;IIII* iu.t..1tf*.t* rjf I;I~IIIII~ CJI lilts ilt:.tttvtI ;)I [).11r- 01 ~(11gt.y 01 01 ;Illy ',I
(1. xt~t:~~~iot~!s ;ill11 i-vc7~~l,.,,4~~-, (:I$~~II~~~IIvI ,),I HI:^^^!,^,. sitit:)
"
iJr!*.ttxj t't)ttcy txceptlons m0 Exclusions tinuefl) m e CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLtcy 1973
SCHEDULE 6 PART I
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise hy rr!as
the following:
1. 7;Ixt:s OI ,~ss~*~!;~1l(:~~~s wlltc:I~ 'III: IIII~ S~IOWII as existlru) IlcIls IIV the rc:co~(ls 01 any taxiny aurlwrity that Icvtc:s IJXI'S (JI ~v,I-:,~,I
011 real proi~er ty or by the phlic records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown 1)
records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspwtlc
the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would tiicr
and which are not show11 by th(! public rcxords.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rI
claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedu
or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the ex
to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or rquii
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improver
now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or arc:;) of t1w 1,ull
the effcct of any violation of any st~cl~ law, ortlinancc: or qovernlncrital rcgulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights ap1mrs irl 11~8 111
rccords.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claim
[b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Dat
Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured ht!rt.url
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resultin
loss or damage which wouid not have been sustained if the insured claimant had been a purchaser or encumbrancer for value with
knowledge.
10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inq
of the lessors in the lease or leases described or referred to in Schedule A.
11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or reforrtrtl t
Schedule A.
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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Thr! followirlq n1altws arc! r!xp~t!ssly c!xclutlt!d from tho covc!~ago of this policy:
1. Any law, ordinance or governmental regulation (including hut not limited to huildinq and zoning orrlinancns) rcfrlc
111 ttv~t~l,tlit~q OI ~~tollil)ilitI~~ tllv trc:c:lt1);ul~:y. II*.I. IN tvljt)y1tIto)t c~i 1111, hilt, OI II:~~II~.I~IIM~ ttw I:~I~II;II:I~V, I~I~III*II-.IIIII~. 111 11
11011 IDI ,,tly t~tq~~t)vt!t~t~!~~l IIOW 01 III!II!,I~II*I c!cc!c:ttal oo tlw t~ctl, ot ~ut)tt~l)~ttt~~~ a sc:l)at;ttiocl III ow~~t!~s11111 OI ,I tc*tlc~c:~tc~c
the thmcnsions of area of the land, or the effect of any violation of any such iaw, ordinance or governmental requidti1
2. Ri!llUs of cminont domain or qovcrnmr!llt;ll riqhts of polkf! powc!r unll!ss nolicr! of ttw c!xl!rcisr! of sll(:l1 riclllls ,I~IIIV,II~
3. Dcfects. liens. encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to IJV thc insol
t:l;tituittlt: (I)) not known to thv Cornl);lrly atwl not SIIOWII t~y 11w luddic rc*c:ot(ls 1P11t ktlr)wrl to tlrv iclrllrtvl (~lqtlt~l.~t~t ~111
.tt I).III+ I~I I'c,l~c:y I)I ,,I 1111: 11.tl1: SIII:~I c:l,l~t~~~~ttl ,tc:tlcliltrtl ,111 I!~~'III: OI IIIII:II!~I I)y t111s IIII~I~:~ tllI(l III)~ tI~u:lc)sc*tl III WI I~IIIII
1114: trtr,cvctti ~:~,IUII:III~ IO 11~: (;olnpitlly 1J1101 to 1lw htc slrc:t, uv,lllt!~l ctaltndlIt l)t!c.ww ~II ioswt!tI 1w~t!~~t1ttwI (I:) IP,III~
it, IIO IIKS or (h1~;~qc 11) IIII! ilw-4 dilil1wll; ((1) ;~tti1~:l~i~~q 01 c:tc!;~ttrcf ~II~I~I!~~III~II~ ' I I);III* of Prjltq v. (1.1 t~~*~llt~lIlfJ 111 ICI,:.
I~:+III;IIJ~I wlltilc w111th1 IUI~ 1t:wcr '3 EIIC~I)IPIIW~ ii tiin it)cl11011 ~Inita~~t~t llarl ll&~l .I 1qe1 1110 ostato 111 illlotnot isoeato*l
1111~ lt*,lia 7
til+: I~tst~Iic Iexutfts a~ Dall: 01 I'olicy.