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HomeMy WebLinkAbout; COASTAL CONSERVANCY; 89-455188: Quitclaim Deed:. 7. P- ., v 0 . . 6 iB qg XJ & '5.5' 0. a@ 7 -. ".""""iLI-~ -i3 "-5 :.:<;&;..2.JL" '"; . . .,.~ ";r -.~ . ." . - : : " .i :?. : 3 i : I c-z.r;.*.j xi 4:&.(-..-..s3<.:=z. = @&&? 2$ E{.-% 3s t ct,2;4i ; <:>-,.-.::..L.,b " 72. Ei jr i Please record and rj 0139 when recorded return to: City Clerk's Office 1200 .Elm- Avenue 5 : 1. L r"* I , : . .-. .. - _i : st.:;+.,, i ",_ L<:v*;.L:%.? : .. = _, __ ji ".< ." . :_: "r i = ...... .. . . - <_E> :; -s:.. 2 yjg-;? 2. ? g -%<s4 " t i i '!,+% :L 1-( %x. Carlsbad, CA. 92008 5 *;;i -**, Dr;r$-2>;.i'wp _f . .:,i_ . * OUITCLAIM DEED DQe"dpf$qBAEy 'FWWNSFEW Trn $....""" The STATE OF CALIFORNIA, acting by and through the State Coastal Conservancy and its duly authorized officer, does hereby remise, release and forever quitclaim to the CITY OF CARLSBAD all its right, title and interest in and to the following described real property in the County of San Diego, State of Cal i forni a: 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, measuring five (5) feet in width and located along the southern border of Lot 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. IN WITNESS WHEREOF, the State has caused this Quitclaim Deed to be executed this 14th day of October , 1986. P. TI? 86-143 * a - f i 0140 CERTIFICATE OF ACKNOWLEDGEMENT On this Ic13k day of Gcf&-ebr , 1986, before me, Donna Greene, Notary PmState of California, personally appeared Peter Grenell , personally known to me to be the Executive Officer of the State Coastal Conservancy whose name is subscribed to the within instrument on behalf of said agency, and acknowledged to me that he executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the City of Oakland, County of Alameda, on the date set forth above in this certificate. 7-8 86-Pf.3 L?"++% Notary Public, State of California . ) ReFor'dipg requested by: '' *@lITY OF CARLSBAD 0 0 : .When recorded mail to: City Clerk's Office 1200 Elm Avenue Carlsbad, CA 92008 i. *' 0141 a I CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant, dated October 14, 1986, from the STATE OF CALIFORNIA, acting by and through the State Coastal Conservancy to the City of Carlsbad, California, a governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Carlsbad, California, pursuant to authority conferred by resolution of the City Council of the City of Carlsbad, California, adopted on February 7, 1989, and the grantee consents to recordation thereof by its duly authorized officer. Dated " BY lL422L 2 "LJ-, ALETHA L. RAUTENKRANZ City Clerk I e a J& j&j/+( , '* &&-"TL ,o .L ' .' a &7Zf&i &"< a" 0 0 August 11, 1989 TO : KAREN KUNDTZ, DEPUTY CITY CLERK FROM : GARY KELLISON, ASSOCIATE CIVIL ENGINEER&$ RECORDATION OF THE STRAUSS BEACH ACCESS EASEMENT The City Council authorized acceptance of the attached Offer to Dedicate, identified as Exhibit J of Agenda Bill #9841. This access easement may be accepted directly by the City without the California Coastal Commission's Certificate of Acknowledgement because the California Coastal Conservancy has sent the City the attached Quitclaim Deed. Please have the City Clerk sign the attached Certificate of Acceptance. Send the signed certificate, the attached Quitclaim Deed, and the Of fer to Dedicate to the County Recorder for recordation. Please return the recorded copies of all the above documents to me so I can forward them to the Coastal Conservancy. GK: jb c: John Cahill, Municipal Projects Manager Attachments 1. Offer to Dedicate 2. Quitclaim Deed 3. Certificate of Acceptance 0 0 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk it^ af QkuWmb TELEPHONE (61 9) 434-2808 August 17, 1989 Vera L. Lyle County Recorder P. 0. Box 1750 San Diego, CA 92112 Enclosed for recordation is the following described document: Quitclaim Deed from the State Coastal Conservancy dated October 14, 1986 to the City of Carlsbad conveying their interest in property shown on the enclosed Irrevocable Offer to Dedicate Easement for Public Access The Carlsbad City Council accepted this deed at their meeting held February 7, 1989. Our staff has determined that the recordation of these documents is of benefit to the City; therefore, it is requested that the recordation fee be waived. Thank you for your assistance, and please call if there are any questions. /a#- LEE RAUTENKRANZ City Clerk LR Enc . I. IJdt -. - ." ,-. - I :. 0 At;, L s* s.:-fyJ@p si . ? rLk-!.c.x. OrF;CI:,:- i .")_ ... r.:{,;,c,.:r.r- -J ..r :,-+? :.: ?7 __ - -- 0 . - 1 " ._. s . -1, ' 6 -.c, ': y?:.,!'!."., i.;:::. : i ." .) . _' , u . ~. .. :\.: 1!. RZTUREI ORIGI>.::]L TO A?JD p' c . ... ?" -7 - - dn.1 ;-fi;- ._.-.:!I .&.I- , -- .- ,. ' . . . .. .. . . . i. Is;\ ;:/,R I J3 f:; I?: 2~ '-:* T!.! 22 ;.;, .,, ,-. i; +/> - f 2 jj RECORDING RZ:;jLJZSTED 3Y: *ZdL b... !! 1.7: *. 1 . - $ CALIFORNIA COASTAL COX*lISSION k;,;:;7; .-:: .I ._ \::;- .'\ :.. . .- . - . ' 1 c .. :-,- ,, : . i ! L -.,.,, la..:.. "' 1 -. 3ij STATE OF CALIFOi?&I,"I -. i -4 1 " 4 !I 631 HO:$AP,D STREET , FOURTH FLOC)!? 5 jj I! 61 IRREVOCABLE OFFER TO DEDICATE 7 ;I ;; SA?J FPANCISCO, CALIFORNIA 94105 NO FEE ! EASENENT FCR PUBLIC ACCESS mF€€ I 81 I. WHEREAS, Richard C. Strauss is the record owner of I I I 91 29 in Block "A" of Hayes Land Company Addition to Carlsbad, Hap 11 County of San Diego, California, legally described as Lots 28 and 10 the real pro9erty located at 2701 Ocean Street, City of CJrlskd, I I 12 No. 2, according to the Map thereof No. 1221, filed in the Office I I 131 of the County Recorder of San Diego County, November 4, 1909, I I 14 II hereinafter referred to as the "subject property"; and 15 after referred to as the "Comrnission," is actinj :on behalf of the 16 11. WHEREAS, the California Coastal Commission, herein- 18 People of the State of California; and 17 ' 111. WHEREAS, the People of the State of California have 19 a legal interest in the lands seaward of the mean high tide line; 20 and 21 IV. WHEREAS, pursuant to the California Coastal Zone -0 22 23 Conservation Act of 1972, the predecessors in interest of the record owner applied to the Comrnission for coastal development 24 f 25 26 . . 27 .. .. I. . .. 7TPAPER . . Oi CqLl?CRNIA 113 mli'l 8.72) OSP Permits (1) to construct six single-family dwellings on Seven conti3Uous lots, including the subject property, with one lot . .-. .' . ,: . , .-., ., -.retained -as permanent . I- :. open . space, -. and (2) to construct improvement ' fo.'the"single-family .. residence .located on the subject property, .. . -. .. . .. i .. ,- ..- - -- - - .. ,. 7 :- .-, ._ .. . . -.-. .. :: . .. .. .. ._. .- . .. . ;- * ! .. . ... : . .t I. .. -e'. .i. " --. . -. I. ,: .- . -. ~ ". .-, . . " . . ... - .- - _. .I , ’. iyL -J I .. 0 e 232 .~ , ’! 1 1: !: !i 2 j j ji 31 I, I! 4 !I 5 I 1 j 7; 8 :i 61 I 5 j 9; ;I lo/ I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 )URT PAPER ATE OF CALIFOnNI4 0 113 ,REV. 8.721 05P including besch access stegs dr3T.qn the bluff face, 3 -.;Fe:~.ir,g plat- form OR the bluff face, pavin.2 ar,d landscaping; ar,d V. LV’HERE-+S, Coastal Develo;i?ent ?er;nit ?io. F1045 ~2s issued by the San Diego Coast Xeyional Coxnission on Jangary 8, 1974, subject to terns and conditions, including the require- ment that the permittee, the Carlsbad Beach Club, dedicate a Public access easement on the subject property fron Ocean street to the beach; and VI. WHEREAS, Coastal Development Permit m. ~2.~75 W~S 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 th first public road and the shoreline; and VIII. WHEREAS, under the policies of Public Resources Cod 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; an IX. WHEREAS, the San Diego Coast Regional Commission found that but for the imposition of the conditions described in Paragraphs V and VI above, the proposed developments could not be found consistent with the public access policies of Public Resources Code sections 30210 and 30212, and therefore in the absence of such conditions, Coastal Development Permits Nos. F104 and F2875 could not have been granted; and x. WHEREAS, the Commission is the successor in interes to the San Diego Coast Regional Commission pursuant to Public 2 i ., * a 3; ' .;.(; I .. 233 1. 1; Resources Code section 30305; and 2 *: XI. SSHEREAS, Richard C. Strauss, the record Owner of 31 the subject property is the successor in interest to Coastal .o!l Developnent Perinits Nos. F1045 and F2875; and ii :i 5 ;i XII. KHEREAS, the Commission and Richard C. Strauss have I; li 611 agreed that Richard C. Strauss shall fulfill his obligations to 711 Provide for public access under Coastal Development Permits NOS. 8) F1045 and F2875 by (1) recording the offer of dedication describe 91 herein in Paragraph XIII; (2) by the payment of five hundred 1 i !I il j/ lo1 and (3) by maintaining the view corridor on the subject property 12 the improvement of a public accessway on the subject property; 11 dollars ($500.00) to the Commission to be used, if possible, for l4 I 17 required by Coastal Development Permit No. F1045, Condition 8, and Coastal Development Permit No. F2875, Special Condition 3; 15 18 sideration of the continuing enjoyment of the ben'efits of said 17 Coastal Development Permits Nos.Fl045 and F2875, and in con- 16 XIII. NOW, THEREFORE, in consideration of the granting of 26 This offer of dedication shall be irrevocable for a 25 five (5) feet in width. 24 southern border of Lot 29 of the subject property, and measuring 23 mean high tide line of the Pacific Ocean, located along the 22 public access from Ocean Street in the City of Carlsbad to the 21 California an easement in perpetuity for the purpose of providin5 20 property, hereby offers to dedicate to the People of the State of 19 permits, Richard C. Strauss, the record owner of the subject period of twenty-one (21) years, measured forward from the date 27 of recordation, and shall be binding upon Richard C. Strauss, thf 28 record owner, and his heirs, assigns, or successors in interest ? I i. >URT PAPER ATE OF CALI?ORNIA '0 113 ,REV 8-72! OS? 3 I- .' . .. < .. -1 rn /. sJ * .. - 234 If at !' 1, to the subject pro;ler'ly. The People of the State of California 2: shall accept this offer through a public agency or private 5': association acce2table to the Executive Director of the Cornissic 4;; or to the Comission's successor in interest. !' 5 j; Accept3nce OE the offer is subject to a covenant which '1 runs with the land, providing that the first offeree to accept tt 7:f easement may not abandon it but must instead offer the easenent 1 8.1 other public agencies or private associations acceptable to the g'! Executive Director of the Commission, OK acceptable to the corn- 101 mission's successor in interest, for the duration of the term of 11 the original offer to dedicate. The grant of easement once made 12 shall run with the land and shall be binding on the owner, his 13 heirs, assigns, and successors in interest in the subject propert 14 Executed on this 4 day of 9&& , 19E 15 State of Texas. 16. in the City of VaAh , County of c)& "i !I I ji I i! I 11 7 I 18 I 19 I 7/?.,/d& RICHARD C. STRAUSS ." 20, I STATE OF TEXAS 1 ll ) ss. 21 COUNTY OF Dallas 1 22/ On January 4, 1982 before the undersigned, a Not; 2s1 Strauss, whose name is subscribed to the within instrument, and 24 Public in and for said State, personally appeared Richard C. acknowledged that he executed the same. 25 II 26 1' 27 TATE OF CALIFORNIA OURT PAPER TO 113 #REV. 8-721 coF y and State Louise Campbell Commission expires 9/2/84 OSP ll 4 .- e. 1 . 5 ,a - r. ... , ., .,. . ' . 11 .. . I. 1) <%+- -_ 235 1 a' This is to certify that the oEfer of de5icati3,n set 2i forth above dated (7 fr' , /?'e ,y and signed by 3:; Richard C, Strauss, owner of ricord of the subject pro;?erty, is i' l -1 f - I! 43 hereby acknowledged by the undersigned officer on behalf of the 5ji California Coastal Commission and the California Coasts1 Com- 81 i; I1 6j' mission consents to recordation thereof by its duly authorized II I1 711 officer. I 8 It Dad I! 9 lo i Ill l2 I 14 l3I v D. - fld CALIFORNIA COASTAL CO?,L?lISSION 15 STATE OF CALIFORNIA 1 COUNTY OF 1 16 ) ss. SL'L bhqp t LM/t- 1 I, M%% .. $1 17 On before the undGrsigned, a 18 Notary Public in and for said State, personally appeared 19 Dl?jh-,\ef b*@k of the California Coastal Commission 20 -"w 41 hU known to me to be the 21 ment on behalf of said Cornmission, and acknowledged to me that 22 and known to me to be the person who executed the within instru. 23 24 25 26 27 'RP : va COURT PAPER STATE C7 CALIFORNIA ST0 113 ,REV 8.721 I( OSP II such Commission executed the same. * Notary Public @& i an for sai County and State d 5 . ." . . - - .- >I *. m a .-.j? 23 G I*_ e, .. . , .: . - /, i Please record, and return to: State Coastal Conservancy 1330 Broad>ray, Suite 1100 Oakland, CA 94612 * I .-. . I TR33 - 345 CERTIFICATE OF ACCEPTAKE " THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant, dated January 4, 1982 and recorded January 22, 1982, in 82-013562 Recorder of San Diego County ' from Richard C. accepted by the undersigned officer on behalf of the State of California, pursuant to authority conferred by sutkrfzztfsn sf the Stzfe Coastal Conservancy, Resources Agency, State of' Cal i fornia, adopted on , of the Official Records in the Office of the - Strauss to the STATE OF CALIFORNIA, is hereby .. DorP&r 3, 3.98 , and the grantee consents to L'----.r s.18 i+c rlrllv authorized officer. CERTlfICATE dF ACKNOWLEDGEMENT "" kt/ . STATE OF CALIFORNIA COUNTY OF Alarneda { b t: I "-23 !I@) OFFICIAL SEAL JUDY h\. BROWNFIELD f My C0mmls:ian hpires Fe5. 5, 1967 9 f -+,<.:;; k.,-,- .e-. NOTARY PU~(LIC-CALIFOR~~:A COUNTY OF ALAMEDA L .- z-7"- :,*+?,a+.- ".ye c+&+<,+..-.*.+ (Seal ) On this 17th day of iiovember , in the year 19 83 before me, Judy M . Brownfield, a Notary Public in and for the State of Cal ifornia, personaJ ly appeared Joseph E. Petri1 lo, persona7 I. known to me (or proved to me on th,o basis of satisfactory evidence) to be the perss:: kt50 execsted this instrunent as Executive Officer of the State Coastal Conservancy and acknowledged to me that the State Coastal Conservancy executed it IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the City of on the date set forth above in this certificate. - Oak 1 and County of Alaneda !&& Lq- &Le w&& ( Wary @ubl ic,State of Cal ifor .Judy M. Brown f i e b F?y commission expires February 6, 1987.