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HomeMy WebLinkAboutCDP 2018-0020; Buccola, Robert; 2020-0554342; Irrevocable Offer of Dedication IODRECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2020-0554342 MR111111 Sep 21, 2020 11:24 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 9 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 210-020-10-00 Documentary transfer tax is $0.00 Project ID: CDP 2018-0020 ( ) computed on full value of property conveyed, or Related Project ID: PR 2020-0012 ( ) computed on full value less value of liens and Related Project ID: encumbrances remaining at time of sale. Project Name: ( ) Unincorporated area: (x) City of Carlsbad, and IRREVOCABLE OFFER TO DEDICATE A 25 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 Robert Buccola, an unmarried man (hereinafter referred to as the "Grantor"). 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 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 Buccola Addition 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 2020-0012 (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, Robert Buccola, an unmarried man, 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" 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 or local law, municipal code and or ordinance. 2. DECLARATION OF RESTRICTIONS. This offer of dedication shall not be used 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 the 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 for 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 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 statute. Furthermore, this Offer, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of Section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives sale of tax-deeded property. 6. SUCCESSORS AND ASSIGNS. The term Grantor as set forth in this Offer shall be defined as the then current fee owner of a respective parcel. The term Grantee as set forth in this Offer shall be defined as the City of Carlsbad, a municipal corporation or any allowable assignee as provided for herein. Should the Grantee initially named and designated in this Offer determine at any time during the period of the Offer, that such Grantee does not desire to accept the Offer, then the Grantee shall have the right of limited assignment to a successor Grantee described herein. The allowable entities that may be assigned this Offer are limited to the Executive Director of the California Coastal Commission, the Coastal OWNER: Robert Bu By: Conservancy, the State of California, or a political subdivision of the State of California. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and 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, or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. IN WITNESS WHEREOF, the undersigned has executed this instrument effective this ak' day of u.s. , 2020. (Sign Here) Robert Buccola, Owner (Print Name Here) Owner (Title) By: (Sign Here) (Print Name Here) (Title) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento before me, Caroline E. Allen, Notary Public Here Insert Name and Title of the Officer On IN x-)05"( Date personally appeared 0-,C,1nQC-ii" Njcc.c\o, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature() on the instrument the person), or the entity upon behalf of which the person(7) acted, executed the instrument. Place Notary Seal and/or Stamp Above 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. Signature .-(•?7C)_/1.J(.,..-17 Signature of Notary Public CAROLINE E. ALLEN t COMM. #2226630 Notary Public • California ?.33 Alameda County — Mt Comm. Expires Dec. 25, 2021 OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): o Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator o Other: Signer is Representing: Signer's Name: Li Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General O Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator Li Other: Signer is Representing: RiWiingglaiRREWellOg ©2019 National Notary Association RCE 28302-EXP 3/31/22 (41 RO ERT SUKUP 171 r.,,T7A3n7 Exo 313112Z7Ak litC/FS EXHIBIT "A" LEGAL DESCRIPTION BEACH ACCESS EASEMENT PR 2020-0012 A PORTION OF LOT 10 OF TIERRA DEL ORO IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3052 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 1954 AS FILE NO. 14672, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 10; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 10 SOUTH 66 DEG. 5411011 WEST 182.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 66 DEG. 54' 10" WEST 25.00 FEET; THENCE SOUTH 23 DEG. 05' 50" EAST 63.80 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF OF SAID LOT 10; THENCE NORTH 66 DEG. 54' 10" EAST 25.00 FEET; THENCE NORTH 23 DEG. 05' 50" WEST 63.80 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 0.04 ACRES OR 1595.00 SQ.FT. MORE OR LESS. E S/ 4, ‹te if-40 0-90 -/ ROBERT SUKUP RCE 28302-EXP 3/31/22 LEGEND = BEACH ACCESS EASEMENT • • NONNI • • 1••••. • = PROPERTY LINE EXHIBIT "B" BEACH ACCESS EASEMENT PR 2020-0012 VICINITY MAP NO SCALE TIERRA DEL ORO srrE ;aro- 0 ON RD. P.O.B. 6' DRAINAGE EASEMENT PER MAP 3052. 6' EASEMENT INGRESS & EGRESS REC. 4/14/72 NO. 93051 OF OFFICIAL RECORDS. CA VI\ -0' *-1 a‘b, • rig,• s, - <60° LOT 11-MAP 3052. T.P.O.B. 5 66 064:Ns: 0 . TOE OF RIP RAP BEACH ACCESS EASEMENT. 'yn Cyr\ \ 0).1, ° "Tv to. \ \ ESMT: FOR PUBLIC UTILITIES REC. 6/14/55 BK. 5679. P0.367 OF OFFICIAL RECORDS. LOT 10-MAP 3052. 01- SCALE 1"=40' SOLANA SURVEY-858-755-8083 220 LINDA MAR DR. SOLANA BEACH, CA. 92075 • PROJ. ID: CDP 2018-0020 RELATED PROJ. ID: PR2020-0012 ADDRESS: 5031 TIERRA DEL ORO APN: 210-020-10 DATE: 71Z, 12,0 CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed, dated August 21, 2020, from Robert Buccola to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, a Municipal Corporation, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 10, 2020 Hector Gomez Deputy City Clerk CAV e 411111t •". C.) • (SEAL)