HomeMy WebLinkAboutCDP 15-45; Abdi Family Trust; 2017-0160896; EasementDOC# 2017-0160896
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RECORDING REQUESTED FOR THE BENEFIT OF
THE CITY OF CARLSBAD
WHEN RECORDED MAIL TO:
Apr 11, 2017 08:33 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
City Clerk
SAN DIEGO COUNTY RECORDER
FEES: $0.00
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
PAGES: 10
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
SPACE ABOVE FOR RECORDER'S USE
Assessor's Parcel No.:210-06l-13-00
Project ID:CDP-15-45
Related Project ID:
Related Project ID:
Project Name:Abdi Residence
IRREVOCABLE OFFER TO DEDICATE A lS FOOT WIDE EASEMENT
FOR LATERAL BEACH ACCESS PURPOSES
THIS IRREVOCABLE OFFER TO DEDICATE A 25 FOOT WIDE EASEMENT FOR
LATERAL BEACH ACCESS PURPOSES (hereinafter referred to as the "Offer") is made by
Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family Trust u/a/d October 29, 2009,
(hereinafter referred to as the "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 (hereinafter 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
III. 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
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(
of California (hereinafter referred to as the "City") did establish and approve the City of
Carlsbad Local Coastal Program 1996 and amendments thereto (herein 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 Grantor applied to the
City for a Coastal Development Permit, CDP 15-45 (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 II-2 (Mello
II), 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,
Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family Trust u/a/d October 29, 2009,
owner of said real property, hereby irrevocably offers to dedicate a non-exclusive 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" as depicted in Exhibit "B" 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 is 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
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or local law, municipal code and ordinance.
2. DECLARATION OF RESTRICTIONS. This offer of dedication shall not be use
or constructed 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, Grantor shall not materially interfere with the allowable, legal, and reasonable use
of the easement. Notwithstanding the above, Grantor shall retain all normal rights and
incidents of ownership of their respective underlying fee interest in the Property as
provided for herein 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 acceptance of this Offer by recording, Grantor 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
provision of State Law and the Grantor 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 with 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 herein, shall be
accepted only by the recording by the Grantee or its successor or assignee of an
acceptance of this Offer. Upon proper recording of the acceptance by the designate
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
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that shall run with the land and be binding on the heirs, assigns, and successors of the
Grantor 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 XIII, Section 8 of the California Constitution; and b)
Section 402.1 of the California Revenue and Taxation Code, or successor statue, which
survives sale of tax-deeded property.
6. SUCCESSORS AND ASSIGNS. The term Grantor as set forth in this Offer shall
be defmed 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 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 Coastal Commission, the
Coastal Conservancy, the State of California, or a political subdivision of the State of
California. The terms, covenants, conditions, exceptions, obligations, and reservations
4
contained in this Offer shall be binding upon and inure to the benefit of the successors
and assigns of both the Grantor and a Grantee, as herein above set forth.
7. EXHIBITS. Exhibits "A" are 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, of for any
reason becomes unenforceable, no other provision shall be thereby affected or impaired.
[remainder of page intentionally left blank, signature page to follow}
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IN WITNESS WHEREOF, the undersigned has executed this instrument effective this
_[£_day of lltr~,· / , 20~
OWNER: Behrooz L. Abdi and Sharon L.
Abdi, Trustees of the Abdi Family Trust ula/
d October 29, 2009
By:
Name:
Title: Co-Trustee
By: ~q4M'
Name: Sharon L. Abdi
Title: Co-Trustee
{NOTAIUAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER{S)
MUST BE ATIACHED.)
NOTE THAT mE PRESIDENT OR VICE-PRESIDENT AND mE
SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR
CORPORATE EXECUTIONS OF TillS DOCUMENT. ALTERNATELY A
TRUE COPY OF A RESOLUTION OF mE BOARD OF DIRECTORS THAT
IS SIGNED BY mE SECRETARY OR ASSISTANT SECRETARY OF TilE
CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY
EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE
CORPORATION WILL SHOW SUFFICIENT AumORITY OF SAID
INDIVIDUAL TO ACT IN TillS MATI'Eit.
IT IS RECOMMENDED THAT, PRIOR TO mE EXECUTION OF THIS
EASEMENT, TilE PARTIES CONSULT WITII TIIEIR ATIORNEYS WITII
RESPECT TIIERETO.
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ACKNOWLEDGMENT
notary public or other officer completing this certificate verifies only the identity of the individual who signed th
ocument to which this certificate is attache and not the truthfulness accura or validi of that document.
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN DIEGO }
3011-:r.rn -~
:th ,~ beforeme,.lVDnne mort\ nez_-~1
a N o'-t-'-F''-lPut----Lb-'-1-'ic ... , <-p-er-s-on_al.ly appeared 1
()\\oro n L . A bel j ' who proved to me on the basis
of satisfactory evidence to be the person(s) weiname(s~ subscribed to tha·thin
instrument and acknowledged to meehe she ey ex~~d the same in hi 7her/ eir
authorized capacity(ies ), and that by hi ~/ eir s ature( s) on the instrument the pe s ), or
the entity upon behalf of which the pers acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
IVONNE MARTINEZ
Notary Public -California ~ z ~ • San Diego County z
z Commission# 2150645 ~ J • • • ~ • .Mt ~oTrz· fxtirts !P; ts}g2.2J
(Seal)
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ACKNOWLEDGMENT
notary public or other officer completing this certificate verifies only the identity of the individual who signed th
ocument to which this certificate is attache and not the truthfulness accura or validi of that document.
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN DIEGO }
nvv ..;(...... lh ~17 ~ • 4 On !'/'"" / 8 - , wn>, before me, __ lf62.-U ___ ,_e._~ __ 'tU_AfiJ _____ _
a Notary Public, personally appeared
eeN flo 0 Z-L-ht~ , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s)@re subscribed to the within
instrument and acknowledged to me that ~he/they executed the same in ~er/their
authorized capacity(ies), and that b@erltheir 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 PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. HERMIE AQUINO
Commission # 2064599 < ::;;a .i Notary Public -California ~ ~ '~iJ.i ·.. San Diego County :!: J. ;·~ ~ •• M1 ~0TrTL tx~r~ ~al L\n1d
(Seal)
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EXHIBIT'A'
BEACH ACCESS EASEMENT
LEGAL DESCRIPTION
A 25-FOOT-WIDE STRIP OF LAND OVER A PORTION OF LOTH 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 4 OF TERRAMAR UNIT
NO. 1, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950, THENCE
SOUTH 59°21 '20" WEST ALONG THE SOUTHWESTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF SAID MAP 2696 A DISTANCE OF 56.27 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE NORTH 52°32'55" WEST A DISTANCE OF 42.56 FEET TO A POINT THAT
BEARS SOUTH 59°21'20" WEST FROM THE MOST WESTERLY CORNER OF SAID
LOT 4 OF SAID MAP 2696, THENCE SOUTH 59°21'20" WEST A DISTANCE OF 26.94
FEET, THENCE SOUTH 52°32'55" EAST A DISTANCE OF 42.56 FEET TO A POINT
ON SAID SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE,
THENCE ALONG SAID PROLOGATION NORTH 59°21'20" EAST A DISTANCE OF
26.94 FEET TO THE TRUE POINT OF BEGINNING
ATTACHED HERETO IS A DRAWING LABELED EXHIBIT "B" AND BY THIS
REFERENCE MADE A PART THEREOF.
(CONTAINS 0.0244 ACRES MORE OR LESS)
JOHN.
LS 8733
EXPIRES 12/31/18
EXHIBIT B: BEACH ACCESS EASEMENT
DESCRIPTION
PROPERTY LINE
EASEMENT AREA
s 1-J 0 r:J,.... f'l.C:
Ll = 2roo'oo" DRJ VE Ll = 8"00'00" R = 75'
L=J5.62'
LOT 5
J'vJAP 2595
0
Lu
~~ ~. 0~ o--
LEGEND
SYMBOL
N45"45'45''W
~
--R = 75'
L=10.48'
N 00"53' E
17.65'
LOT 3
J'vJAP 2595
~
LOT 4
J'vJAP 2595
P.O. B.
0 20 40
5263 SHORE DRIVE
APN: 210-061-13
SCALE: 1 "=40'
COFFEY ENGINEERING, INC.
9666 BUSINESSPARK AVENUE, SUITE 210, SAN DIEGO. CA 92131 PH (858)831-0111 FAX (858)831-0179