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HomeMy WebLinkAboutF1045; |COASTAL COMMISSION|Strauss, Richard C|; 89-079297; Easement1 a -IBrT J =g 0792gr b- tA ,. Recording Requested by and 0765 When Recorded Mail To: - ..~~~. &.".. .... .-. - . .". ~ .. ............ ........ . ." .". - .. - .. - .. .- .- .. I ... . . ~- .. -. ~- ... .. City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 ;-::> ."r"; F-4 f .? '7. I- " R'.? -2- r q .~~ - "; i 3 ;;:a +* .i ur . ... ."_ _".. . I ... ... . :< ~ 4 " : ............. "" ""L.' .-.-:- _:.. - -"> .. ~ ;;;.=.:I. : :--.---:.-.<z., :: t &. - . __ " " - .. - .. - CERTIFICATE OF ACCEPTANCE NO F This is ts certify that Ae cj tv of urjad -, hereby F1045, 2590, accepts the Offer to Dedicate for Permit No. 2875 Executed by: Richard C. Strauss on January 4 , 1982 and recorded on March 14, 1984 As Instrument NO. 84-018562 of the Official Records in the Office of the Recorder of San Dieqo County. February 9, 1989 BY Dated For The City of Carlsbad "" STATE Of CALIFORNIA 1 COUNTY OF SAN DIEGO 1 On February 9, 1989 , before the undersigned, a Notary Public, 1 ss personal 7y appeared Aletha L- Rautenkranz /X/ personalty known to me / / proved to me on the basis of satisfactory evidence 9 to be the person(r) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me that tho sorporation/agency executed it. *$******~****:~*~**o**~***$~~~~ * << NOTARY PU6LIC"CALIFORNIA $ OFFICIAL SEAI. ** * * KAREN R. KLINDTZ $ * SAN DIEGO COUNTY * ~*0*&**********1*x?~~:~~~*****$ * My iorlm. Exp Sep?. 27, 1989 $ -"./I i. / \ cp I " CI'" OF CARLSBAD - AGEN' r6 ! m, " .>" AB# yfr!/ DEPT. MP ACCEPTANCE OF STATE COASTAL MTG. 2/7/89 TITLE: ".. . CONSERVANCY OPEN SPACE AND ACCESS EASEMENT./DEDICATIONS CITY MGEh ha 0 cc a 9 2 .. z 0 6 a =! 0 z 3 0 0 RECOMMENDED ACTION: Adopt Resolution No. <yJ3/ 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 6-86-278/AB 6-86-492 6-85-492 6-83-81 6-87-36 5-77-81 6-83-613 6-83-613 F1045, 2590, 2875 5099 Shore Drive 3037 Ocean Street 3037 Ocean Street 2445 Ocean Street 4301, 4311, 4321 Brooks Way 2599, 2601, 2603 Ocean Street 4167 Harbor Drive 4167 Harbor Drive 2701 Ocean Street Type of Easement Dedication lateral beach access lateral beach access vertical beach access lateral beach access lateral lagoon access open space lateral and vertical lagoon access open space vertical beach access '4 d ,; 3 , I . ~Er~LYKVtlJ hr 5. I .. .* t 8 pEcmz;m 1 r OFFiClbL R-E-~~fi~s 7 .*' . . '.r " : 23@ - m -WOCJ~ 82-018562 OFFICiAL RECORES RFfDRDEC! IfJ 1 RETURN ORIGINAL TO AND OFdAH DIECC CckihTY.&A. QF SAN ciizc LL:;~TY.CA. .. 2 STATE OF CALIFORNIA COLiNT Y ;ctCijn,!t r? 2Z;iTY E;.LG:..cE~ 1 3 RECORDING REQUESTED'BY: I 4 631 HOWARD STREET, FOURTH FLOOR 5 rs8a MR 13 p)4 12: 30 1982 JA!? 22 AK 18 25 b "A Vtr-.** !". :":::q k E-?;, F.;!-:'i-E CALIFORNIA COASTAL COMMISSI N : SAN FRANCISCO, CALIFORNIA 94105 NO FEE 6 7 ~ IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR PUBLIC ACCESS mF€€ W z u I. WHEREAS, Richard C. Strauss is the record owner of ;z CL the real property located at 2701 Ocean Street, City of Carlsbad, Q County of San Diego, California, legally described as Lots 28 and 0 29 in Block "A" of Hayes Land Company Addition to Carlsbad, Map V No. 2, according to the Map thereof No. 1221, filed in the Office k u hereinafter referred to as the "subject property"; and 2 11. WHEREAS, the California Coastal Commission, herein- 9 u after referred to as the "Commission," is acting on behalf of the W V 0 LL w I- 6: U I- rn w of the County Recorder of San Diego County, November 4, 1909, n U I < I- I- Q 171 People of the State of California; and 0 I- 18 I 111. WHEREAS, the People of the State of California have n n w fx a legal interest in the lands seaward of the mean high tide line; 0 V W e w nz a z IV. WHEREAS, pursuant to the California Coastal Zone U w 4 Conservation Act of 1972, the predecessors in interest of the m v) U I- w z 24 3 231 cj 0 n 25 ._ n; 7 ,-: 2 I 26 * . 27 I- _. " - - . " i r- :OURT PAPER :=- ,TD 113 (REV. 8-71, ?ATE OF CALlFOlNlA os? record owner applied to the Commission for coastal development permits (1) to construct six single-family dwellings on seven contiguous lots, including the subject property, with one lot : . - -,r.:...;.,: ;: ,-:a ?xg-taAned as permanent open space, and (2) to construct improvemen tb-tlh%'* single-family resid&& :located on the subject property, .. - - . - c 7. ,:'l. ' i . :./ * ,I , I :- _.- . .- , -, ..l . - ry" ,."I. .- - r.. - ,> .I - c .Ilt c .) ,-.. j;,.::: - ! -:. T- r - i! :I .- .. - .. - . !. - . .- .I i ->. " ;c f t/; . - .- '. ' .LT; " " . I ._ . --. "L. - . .. -. . :-. - " - - I ..-. . - .. ~ .L. 9 - ~ .- _. .._ L. - 56-0106 .. * 4, '/ e 1-8 qd. 232 c:, ' ; . .r 1 form on the bluff face, paving and landscaping; and 2 including beach access steps down the bluff face, a viewing plat- 3 V. WHEREAS, Coastal Development Permit No. F1045 was 4 issued by the San Diego Coast Regional Commission on January 8, 5; U 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 1974, subject to terms and conditions, including the require- ment that the permittee, the Carlsbad Beach Club, dedicate a public access easement .on the subject property from Ocean Street to the beach; and VI. WHEREAS, Coastal Development Permit No. F2875 was approved by the San Diego Coast Regional Commission on October 17 1975, subject to terms and conditions, including the requirement that the permittee, Richard A. McMahan, improve the public access. way on the subject property; and VII. WHEREAS, the subject property is located between thc first public road and the shoreline; and VIII. WHEREAS, under the policies of Public Resources Codc sections 30210 and 30212, public access to the shoreline is to be maximized, .and shall be provided for in all new development pro- jects located between the first public road and the shoreline; and IX. WHEREAS, the San Diego. Coast Regional Commission found that but for the imposition of the conditions described in 22 23 24 25 26 27 28 h7F OF ULWORNIA U RT PAPER I 113 (REV 8.721 OS? Paragraphs V and VI above, the proposed developments could not be found consistent with the public access policies of Public Resources Code sections 30.210 and 30212, and therefore in the absence of such conditions, Coastal Development Permits Nos. F1045 and F2875 could not have been granted; and X. WHEREAS, the Commission is the successor in interest to the San Diego Coast Regional Commission pursuant to Public 2 56 - 6.106 ) .L ,, . * J .. ..'> ' ' 1. ' , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURT PAPER &TI? OF CALIFORNIA D. 113 <REV. 8.72, OS? a .1..9 * - -. 233 Resources Code section 30305; and XI. WHEREAS, Richard C. Strauss, the record Owner of the subject property is the successor in interest to Coastal Development Permits Nos. F1045 and F2875; and XII. WHEREAS, the Commission and Richard C. Strauss havc agreed that Richard C. Strauss shall fulfill his obligations to provide for public access under Coastal Development Permits Nos. F1045 and F2875 by (1) recording the offer of dedication describe herein in Paragraph XIII; (2) by the payment of five hundred dollars ($500.00) to the Commission to be used, if possible, for the improvement of a public accessway on the subject property; and (3) by maintaining the view corridor on the subject property required by Coastal Development Permit No:F1045, Condition 8, and Coastal Development Permit No. F2875, Special Condition 3; XIII. NOW, THEREFORE, in consideration of the granting of Coastal Development Permits Nos.Fl045 and F2875, and in con- sideration of the continuing enjoyment of the benefits of said permits, Richard C. Strauss, the record owner of the subject property, hereby offers to dedicate to the People of the State of California an easement in perpetuity for the purpose of providing public access from Ocean Street in the City of Carlsbad to the mean high tide line of the Pacific Ocean, located along the southern border of Lot 29 of the subject property, and measuring five (5) feet in width. This offer of dedication shall be irrevocable for a period of twenty-one (21) years, measured forward from the date of recordation, and shall be binding upon Richard C. Strauss, the record owner, and his heirs, assigns, or successors in interest 3 .56-cl,1()6 .. - .. 9: ".\ . , 1.1 I e /Y- ."- 234 '. to the subject property. The People of the State of California shall accept this offer through .a public agency or private association acceptable to the Executive Director of the Cornmissic or to the Commission's successor in interest. Acceptance of the offer is subject to a covenant which runs with the land, providing that the first offeree to accept th easement may not abandon it but must instead offer the easement t other public agencies or private associations acceptable to the Executive Director of the Commission, or acceptable to the Com- mission's successor in interest, for the duration of the term of the original offer to dedicate. The grant of easement once made shall run with the land and shall be binding on the owner, his heirs, assigns, and successors in interest in the subject propert Executed on this 4 day of &- , 198 in the City of 9& , County of 'J& State of Texas. 17 18 19 RICHARD C. STRAUSS _3 20 COUNTY OF Dallas 1 21 STATE OF TEXAS 1 ) ss. 22 On January 4, 1982 before the undersigned, a Nota: L Public in and for said State, personally appeared Richard C. Strauss, whose name is subscribed to the within instrument, and acknowledged that he executed the same. 26 27 :OURT PAPEU TATC OF CALlFORNIA ,TD 113 IREV. 8-7- ft ?OF y and State Louise Campbell Commission expires 9/2/84 OSP I 4 56-6106 . a,. I1 - . - S' :- .- 'y -1 ."e *" . , , e. 0 - .. 235 I. J3-0eb "e I ll This is to certify that the offer of dedication set 2 Richard C. Strauss, o or- of the subject property, is 3 forth above dated and signed by 4' California Coastal Commission and the California Coastal Com- 5 hereby acknowledged by the undersigned officer on behalf of the officer. 7 mission consents to recordation thereof by its duly authorized 6 8 Dated: @T / 9 10 11 / I 4 u -u - - - & 13 CALIFORNIA COASTAL COMMISSION 14 STATE OF CALIFORNIA I 15 , I L btw ) ss. 1 16 COUNTY OF 17 On k i[) Icl= before the undersigned, a . 18 19 20 Notary Public in and for said State, personally appeared $k%+Ui$ 41 &&& known to me to be the brf7,d b*k of the California Coastal Commission and known to me to be the person who executed the within instru- ment on behalf of said Commission, and acknowledged to me that such Commission executed the same. 24 25 26 County and State Notary Public iWanc?dfor said P:va 27 )URT PAPER &TE OF CALIFORNIA D. 113 IREV 8.721 OLP I 5 56,- ~106 .a . I ‘. 4’ (I ,;, c, ,I 8* .* e a 9. A!’. 236 - ,I - Please record, and return to: State Coastal Conservancy 1330 Broadway, Suite 1100 Oak1 and, CA 94612 q ”. - I T Ra3 - 0% CERTIFICATE OF ACCEPTANCE ” THIS I$ TO CERTIFY that the interest in rea1 property conveyed by the deed or grant, dated Jw~arY.4- 1.982 and recorded January 22, 1982, in’ 82-078562 , of the Official Records in the Office of the Strauss to the STATE OF CALIFORNIA, is hereby Rzder of San Diego County from Richard C. accept4 by the undersigned officer on behalf of the State of California, pursuant to authority conferred by Guthcrizatjcn of the ~tzte Coastal Conservancys Resources Agency, State of Cal ifomla 3 adopted on -. . ILsrnmhor a lQR3 , and the grantee consents to - .-“ f - . . ?” 3 -cc: ..A- CERTIFICATE bF ACKNOWLEDGEMENT A-o- b-t STATE OF CAL\FORNIA 2; On this 17th day of November , in the Notary Public in and for the State of California , Personal IY appeared Joseph E. Petri1 lo, personal ly executed this instrument as Executive Officer of the State Coastal Conservancy and acknowledged to me that the State Coastal Conservancy executed it. IN WITNESS WEREOF I have hereunto set my hand and affixed my official seal in the City of on the date set forth above in this certificate. COUNTY OF A ameda Year 19 83 before me, Judy M . Brownfield, a - k known to me (Or proved to me on the basis of I. satisfactory evidence) to be the persor: who 1. Oakland County of AJameda 3 I DY M. BROWNFIELD NOTARY PUBLIC-CALIFORNIA COUNTY OF ALAMEDA t 1 @ tomkios Expires Fe?. 6.1587 b Rdtary @ubi ic, s>m =22?%325? .-?a “*/HP/ Judy M. Brownfie (sal 1 F?y comnission expires February 6, 1987. 56-0106 8. F *.I ?r73 3-035267 i" 1 RCCORDEO IN OfFKlAt RECORDS Of SkX CfECO CL?CNfy, CA, Is83 FE8 -2' ~f4 I 1: 06 ' . - -."--o( CERA COUillT'I' REZgZDEf? t. LYLE i f State Coastal Conservancy 1330 Broadway, Suite 1100 "-3 Oakland, CA - 94612 I & NO I - AGREEMENT THIS AGREEMENT is made this 25th day of January , 1983, by and between RICHARD C. STRAUSS (hereinafter ''Grantor") and the STATE COASTAL CONSERVANCY, an agency of the State of California (hereafter "Conservancy"). - WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located at 2701 Ocean Street, City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein ("the Property") ; and WHEREAS, Grantor has executed an "Irrevocable Offer to Dedi- cate Easement for Public Access," dated January 4, 1982 and recorded January 22, 1982 as Document No. 82-018562 in the Official Records of San Diego County, California ("the Offer") ; and WHEREAS, Grantor executed and recorded the Offer pursuant to conditions in Coastal Development Permits Nos. F1045 and F2875, issued by the San Diego Coast Regional Commission, which conditions were imposed by the Commission in order to carry out the.public access policies and objectives of the Coastal Act of 1976, contained in Public Resources Code Sections 30210-30214; and WHEREAS, the execution and recording of the Offer was carried out as part of the settlement by Grantor of certain Litiga- tion between Grantor's predecessor-in-interest on the Property, and the State of California, concerning the public access conditions referred to hereinabove; and WHEREAS, Conservancy is directed by Public Resources Code Section 31104.1 to "serve as a repository for lands whose reservation is required to meet the policies and objectives of the California Coastal Act of 1976 (commencing with Sec- tion 30000) or a certified local coastal plan or program"; and '.x b '. -', . *$ e **., ' 776 I ? WHEREAS, Public Resources Code Section 31400 declares the intent of the Legislature that "the State Coastal Conservancy have a principal role in the implementation of a system of public accessways to and along the state's coastline,,."; and WHEREAS, Public Resources Code Section 31404 provides that "When another local public agency is unable or unwilling to take title to an area required for public access to and along the coastline, the department or the conservancy may accept title to such an area. The department or the conservancy, however, shall not be required to open any area for public use when, in its estimation, the benefits of public use would be outweighed by the costs of development and maintenance. The department or the conservancy shall make a determined effort to identify local public agencies and nonprofit organizations which will accept responsibility for maintenance and liability for public accessways which are located outside of the state park system, The department or the conservancy may lease any pub- lic access site to a public agency or nonprofit organization; provided, however, that the condi- tions of such transfer guarantee public use of the site for access to coastal resources."; and WHEREAS, the City of Carlsbad has declined to accept a public shoreline access easement over the Property; and WHEREAS, Conservancy desires to accept the Offer to carry out the purposes of Public Resources Code Section 30210 et seq. and Section 31400 et seq., and is executing its accep- tance of the Offer concurrently with the execution of this Agreement by the parties; and WHEREAS, both parties desire to clarify the apportionment of responsibilities in connection with that portion of the Property over which the State of California is receiving an easement ("the Easement Area") : " -2- .. c- I ' - .. . ..; 0 t.r 7770 NOW THEREFORE, the parties do agree as follows: 1. Operating Arrangements and Maintenance (a) Conservancy is and shall be under no obligation to make arrangements for the operation, maintenance and/or management of the Easement Area to take effect prior to the Conservancy's opening the easement for public use. (b) Conservancy shall have no duty of maintenance on the Easement Area, following its initial opening to the public, except as follows: (i) at times when the easement is closed to public use, Conservancy shall have no duty to ' maintain except to the extent necessary to prevent the public improvements on the Ease- ment Area from constituting a private nuisance with respect to Grantor; (ii) at times when the Conservancy holds the ease- ment open for public use, Conservancy will maintain the Easement Area, and public improve- ments placed thereon, in good and orderly repair and condition as the Conservancy may in its discretion determine are reasonable and necessary for the continued use and enjoyment thereof. At no time shall Conservancy have any duty to maintain improvements hereafter constructed absence of an express consent in writing by the Executive Officer of the Conservancy to undertake such maintenance, and except as provided below. . by Grantor on the Easement Area, in the (c) Conservancy may, at its discretion, arrange for operation, maintenance, and management of a public shoreline accessway on the Easement Area to be performed by it, its agents, employees, and/or contractors. (a) Conservancy shall have full discretion to set hours of use and times of closure. -3- , 5' , ". .. t 0 *? : 778 0 2. Liability. Any liability of Grantor and Conservancy relating to public use of the Easement Area, after opening of the easement for public use, shall be limited by applicable provisions of law, including Section 846 of the California Civil Code. Grantor shall not be liable for any damage or injuries due to development, improvement, or maintenance of the Easement Area by Conservancy. Conservancy and the State of California shall not be liable for damage or injuries due to actions or omissions by Grantor, his family, agents, tenants, invitees and licensees on any portion of the Property, including the Easement Area. 3 . Fencing. Conservancy agrees to treat as public improvements, under Paragraph 1 above, fences which exist along the northerly boundary of the Easement Area as of the time of acceptance of the Offer, as well as any improvements or replacements thereafter made in such fences, provided the materials and construction of such improvements or replacements have been approved in advance, in writing, by the Executive Officer of the Conservancy. The Executive Officer's determination may be based on the projected cost of future maintenance and such other factors as reasonably apply. Subject to any legal constraints which may apply, Conservancy agrees to perform such improvement or replacement, provided that Grantor shall have supplied the Conservancy in advance with sufficient funds to complete the work. 4. Release. . Grantor shall and does hereby relinquish, release, and forever discharge Conservancy and the State of California, and their agents, officers, contractors, and employees, if any, of any and all claims, demands, and causes of actions, at law or in equity, whether the same are presently known or unknown, which claims, demands, or causes of action Grantor now or any time hereafter owns or holds, or any time hereto- fore owned or held, against the Conservancy and the State of California, and their agents, officers, contractors, and employees, if any, based upon any claim of duty to protect Grantor's privacy in his use and enjoyment of the Property, other than duties expressly provided for in this Agreement or in the Offer. Grantor hereby expressly waives, releases, -4- .- * > '* * c +'l 1 0 q* 779 0 and relinquishes all rights under Section 1542 Of the Cali- fornia Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affec- ted his settlement with the debtor." 5, Interpretation. In the case of any discrepancy or inconsistency between the Offer and this Agreement, this Agreement shall govern. 6. Agreement to Run with the Land. This Agreement shall be recorded in the Office Of the County Recorder of San Diego County. This Agreement is entered into by Grantor as the fee simple owner Of the Property, and by Conservancy on behalf of the State Of California, as the Owner of the Easement, and the covenants.contained herein are intended to benefit the parties and their respective interests and estates in the Property. It is the intention of the parties that this Agreement shall run with the land and bind the SUcCessors and assigns of the parties in accord- ance with the provisions of Civil Code Section 1468, 7. Entire Agreement. This Agreement and the Offer contain the entire agreement between Grantor and the Conservancy relating to their res- pective rights and obligations relating to the Property. Any oral and written representations by or on behalf of the State of California or Conservancy prior to this Agreement, and any subsequent oral representations and/or modifications hereof, shall be of no force and effect, excepting a subse- quent modification in writing, signed by the party to be charged and approved in writing as to form by counsel. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written, Ricliard C. Strauss Subscribing T'Jitness -5- . 7 * I. 'i. t 1. I 'Y .. 0 fi.4- - 780 0 .- THE STATE OF TEXAS ) COUNTY OF DALLAS ) 1 BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared RICHARD C. STRAUSS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considera- ! " : ,,tion therein expressed. 'I , GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 21st day of January, 1983. - .: My Commission Expires: Louise J. Campbell 9-2-84 I STATE OF CALIFORNIA County of Alameda ) ss. On Y , -in the year 1983, before me, the undersigned, a Notary ublic in and for the State of California, personally appeared Susan W. Furrer, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose naine is subscribed to the within instrument as a witness thereto, who, being by me duly sworn,deposed and said: that she was present and saw Joseph E. Petrillo, personally known to her to be the Executive Officer of the California State Coastal Conservancy, execute the within instrument on behalf of of said agency, and that affian.t subscribed her name thereto as a witness to said execution. _. .. I WITNESS my hand and official seal. (sealL- OFFICIAL LEAL SUSAN MARY BONINO NOTARY PUBLIC-CALIFORNIA COUNTY OF ALAMEDA My Commission Expires Nov. 15.1985 I ;= CLrQ 304@ Name (typed or printed) . IO ; c . ,;:. c I .' I ,a V' '781 .I EXHIBIT "A" Description of the Property Lots 28 and 29 in Block "A" of Hayes Land Company Addition to Carlsbad, Map No. 2, according to the Map thereof No. 1221,. filed in the Office of the County Recorder of San Diego County, November 4, 1909. -7- i ** * e ; i - Please record and 3 when recorded return to: Parks & Recreation Dept. 1166 Elm Ave. Carlsbad, CA. 92008 Attn: Keith Beverly CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Quitclaim Deed, dated and recorded concurrently herewith as of San Diego County, from the State of California to the City of Carlsbad, is hereby accepted by the undersigned officer on behalf of the City of Carlsbad, pursuant to authority conferred by authorization of the Board of Supervisors of the City of Car lsbad, adopted on , and the grantee consents to the recordation thereof by its duly authorized officer; and grantee also acknowledges it is successor-in-interest to the State Coastal Conservancy for purposes of carrying out the Agreemsnt by and between Richard C. Strauss and the State Coastal Conservancy, dated January 25, 1983 and recorded February 2, 1983 as Instrumsnt No. 83-035267 in the Official Records of San Diego County. of the Official Records in the Off ice of the Recorder City of Carlsbad BY Date