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HomeMy WebLinkAbout1988-05-24; City Council; 9442; ACCEPTANCE OF STATE COASTAL CONSERVANCY LATERAL ACCESS EASEMENT DEDICATIONS1 , CI w E h 4 2 0 5 a A 0 5 0 0 i5 CI)OF CARLSBAD - AGENWBILL .i -.G DEPT. k AB# 9r/q& TITLE: MTG. 0512 4/8 8 ACCW?TANCE OF STATE COASTAL CONSERVANCY c,TyA, DEPT.MP CITY Mc RECOMMENDED ACTION: Adopt Resolution No. 88-/&? formally accepting three ( lateral access easement dedications from the California Coast Commission as conditions to City grant funds from the Californ State Coastal Conservancy. ITEM EXPLANATION: In 1986 and later amended in 1987, the City of Carlsbad enter into an agreement with the California State Coastal Conservan for the Conservancy's funding of construction of acce stairways within the Carlsbad Boulevard Seawall project a Conservancy funding to date has totalled: LATERAL ACCESS EASEMENT DEDICATIONS repair of the Ocean Street beach access stairway. T Carlsbad Boulevard Seawall Repair of Ocean Street Beach $234 , 000 Access Stairway 26,045 Total Conservancy Funding $260 , 045 One of the standard conditions of Coastal Conservancy gra funding by grant recipients is the acceptance of outstandi lateral access easements within the local jurisdiction held the California Coastal Commission. These easements are grant to the Commission by private property development as conditio of Coastal Development Permits which places areas with dire access to public resources in the public trust. As a matter policy, the Coastal Commission then seeks to transfer the easements under the control of local coastal jurisdiction Condition No. 2 of the City's contract with the Coast Conservancy is the acceptance of three (3) lateral acce dedications identified below: Coastal Commission Street Address Type of Acce Permit No. Locally Dedicatio 6-85-502 2723/27 Ocean St. Lateral Acce F-9505 5009 Tierra Del Oro Lateral Acce F-9661 5005 Tierra Del Oro Lateral Acce These lateral access easements all lie westerly of the toe existing bluffs or riprap along the beach and extend seaward the mean high tide line. There are no structures existing with any of the three (3) easements. Staff has field checked t areas and finds no conflict with public access or safety a recommends the City formally accept the public access easements 1 * 0 1 Page 2 of Agenda Bill No. 9YYd In accordance with the provisions of California Government COC Sections 831.2, 831.25, 831.4, and 831.7, public entities are nc liable for injuries or other damages caused by natural conditio1 of unimproved public property including beach areas. These thrc (3) lateral access easements are considered unimproved within tk definition of the applicable Government Code sections. FISCAL IMPACT: The easement dedications are offered to the City at no cost ar are conditions of existing grant funds to the City from tf California Coastal Conservancy. EXHIBITS : 1. Location map. 2. Resolution No. m-/dq accepting three (3) lateral acces 3. Certificate of Acceptance (3 each) with accompanyir easements from the California Coastal Commission. dedication documents. I e LOCATION MAP 5 h HIGHWAY 78 LEGEND m ACCESS EASEMEN' 1 LATERAL ACCESS EASEMENTS 5 t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 . RESOLUTION NO. 88-169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALSBAD, CALIFORNIA, FORMALLY ACCEPTING THREE (3) LATERAL ACCESS EASEMENTS FROM THE CALIFORNIA COASTAL COMMISSION WHEREAS, the City of Carlsbad, has previously entered ir an agreement with the California State Coastal Conservancy accept certain grant funds: and WHEREAS, the California State Coastal Conservancy k conditioned said grant funds upon the City's acceptance certain lateral access easements within the City of Carlsk held by the California Coastal Commission; and WHEREAS, the California Government Code absolves loc public entities from liability for unimproved public propel damages; and WHEREAS, the City Council of the City of Carlsbz California, hereby determines it necessary, desirable and the public interest to accept said easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of 1 City of Carlsbad, California, as follows: I 1. That the above recitations are true and correct. 2. That the City of Carlsbad hereby accepts three 1 lateral access easements from the California Coastal Commiss: more specifically referred to in attached Exhibits A, B anc attached hereto and incorporated by reference herein. 3. That the City Clerk is hereby authorized and direci to execute the attached Certificates of Acceptance, identif. as attached Exhibits A, B and C with accompanying easemc I * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 dedication documents and have said Certificates recorded in Office of the San Diego County Recorder. Following recordat of said Certificates, copies of the completed, recorl documents are to be forwarded to the California State Coas Commission, attention Deborah Bove, 631 Howard Street, Fou Floor, San Francisco, California 94105. 4. That the City Clerk is hereby authorized and direc to forward a copy of this resolution with attached pre-recor Certificates of Acceptance and accompanying easement dedicat documents to the California State Coastal Conservan attention Alyse Jacobson, 1330 Broadway, Suite 1100, Oakla California 94612. PASSED, APPROVED AND ADOPTED at a regular meeting of I 19 Carlsbad City Council held on the 24th day of May by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None I ATTEST: / P- ALETHA L. RAUTENKRANZ, Ciqy Clerk (SEAL) .I 0 0 3 .- 1200 ELM AVENUE TEL (619) CARLSBAD, CALIFORNIA 92008 Office of the City Clerk Qitg of Qarlstrab May 27, 1988 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation are the following described documents: Certificate of Acceptance of Offer to Dedicate from Nancy Fay Johnson Permit No. 6-85-502 Certificate of Acceptance of Offer to Dedicate from Ben V. and Joan C. Constantino Permit No. F-9505 Certificate of Acceptance of Offer to Dedicate from Jack M. Roth and Vern Magnuson Permit No. F-9661 Our staff has determined that the recordation of these documents is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. SZS Deputy City Clerk Encs. e Exhibit A -- .\ I Recording Requested by and When Recorded Mail To: . City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 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 , 1985 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 Dated BY Lii'Ti ATENelerk 6? For The City of Carlsbad STATE OF CALIFORNIA 1 COUNTY OF ) 1 ss On May 26, 1988 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz 9 /X/ personally known to me / / proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as of the corporation/agency therein named and acknowledged to me that the corporation/agency executed it. City Clerk t+**************L*,***~*~~,*** Not& Publi-din-itfid foYsaid * County and State * OFHCLU SEAI. * *******************+****,****g * KAREN R. KUNDTZ t * NOTARY PUBLIC-CALIFOANIA g S*N DIEGO COUNTY * * * MyCarnrn EKP Sepf 27, ~fmy 0 @ Exhibit B ,$ 7 .- Recording Requested by and When Recorded Mail To: City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 CERTIFICATE OF ACCEPTANCE This is to certify that the City of Carlsbad hereby accepts the Offer to Dedicate for Permit No. F-9505 Executed by: Ben V. Constantino and Joan C. Constantino on January 26 , 1981 and recorded on February 10, 1981 As Instrument No. 81-041445 of the Official Records in the Office of the Recorder of San Diego County. May 26, 1988 BY d*2R& AELTHA L. RAUTENKRANZ, City Clerk Dated For The City of Carlsbad STATE OF CALIFORNIA 1 COUNTY OF 1 1 ss On May 26, 1988 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz T /x/ personally known to me / / proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as of the corporation/agency therein named and acknowledged to me that the corporation/agency executed it. City Clerk Noyy Publidin jdd fo&aid ***********+*t,*+++fn*~*~~*.** * * OFFl(lr1 w4f. t * * KAREN R. KUNOTZ $ County and State * NOTARY f'uf3L!C-CAtlf*RNlA : * MY Comm Ex? SCDI 27. 1999 z * SAN DIEGO COUNrV * *****************+k***.L***+*+ Exhibit C e *' 3 Recording Requested by and When Recorded Mail To: City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 CERTIFICATE OF ACCEPTANCE This is to certify that accepts the Offer to Dedicate for Permit No. F-9661 the City of Carlsb ad hereby Executed by: Jack M. Roth and Vern Magnuson on April 8, , 19% and recorded on May 29, 1981 As Instrument No. 81-167629 of the Official Records in the Office of the Recorder of San Dieqo County. May 26, 1988 BY fiW Rii'iA-Ylerk Dated For The City of Carlsbad STATE OF CALIFORNIA 1 COUNTY OF 1 On May 26, 1988 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz 9 15s /X/ personally known to me / / to be the person(s) who executed the within instrument as of the corporation/agency therein named and acknowledged to me that the corporation/agency executed it. proved to me on the basis of satisfactory evidence City Clerk + *+*+***+**********+******,***~ *fFI(IAI SFAL t * * i@ ... ~. NoTARY PU8L!C-mLIfOfiN,A * KAREN R. KUNDfZ t SAN WGO CIUNTY g :***+***+****++***,******,***~ My Cmm E~P Sent 27, IS*) c < 74 6% @ II 1 w OT! *- - . .. ,I * Recording Requested by and When Recorded, Mail To: California Coastal Commission OlJ/-.. -. 631 Howard Street, 4th 171oor VECLI\ L. \ Y:.:. I Attention: Legal Department 1 rHt ~~,C,NAL gr ~, ''s I' ,: ,I' : ',a? ;.'p;s :..xr~=:~ -28- g& , . .% " , I <.;, . f&735? ;i>*j; '* " :-P ybx San Francisco, California 94105 Mail Tax Staterrents To: Robert Gibson Johnson & Nancy Fay Johnson 611 West Sixth St., 113320 Los Angeles, California 90017 __ Space Above This Line For Recorder's Use IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND ._- DECLARATION OF RESTAICTIONZ THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASE- MENT AND DECLARATION OF RESTRICTIONS (hereinafter "of fer") is made this 16th day of December, 1985, by Nancy Fay Johnson, (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 Diego, 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 - 1- - * e e ,I 5 r- WHEREAS, the California 'Coastal Act of 1976, (hereinafter referred to as the "Act") creates the California Coastal Commission (hereinafter referred to as the 11 Commission") and requires 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 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 -2- e e .- ,I WHEREAS, under the polities of Sections 30210 through 30212 of the California Coastal Act of 1976, public access to the shoreline and along the coast is to be maximized, and in all new development projects located between the first public road and the shoreline shall be provided; and WHEREAS, the Commission found that but for the imposition of the above condition, the proposed development could not be found consistent with the public access policies of Section 30210 through 30212 of the California Coastal Act of 1976 and that therefore in the absence of such a condition, a permit coul not have been granted; WHEREAS, it is intended that this Offer is irrevocable and shall constitute enforceable restrictions within the meaning of Article XIII, Section 8 of the California Constitution and that said Offer, when accepted, shall thereby qualify as an enforceable restriction under the provision of the California 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 easement in perpetuity for the purposes of public access and passive recreational use along the shoreline located on the subject property from the toe of the seawall to the mean high tide line and as specifically set forth by attached Exhibit C hereby incorporatec by reference. - 3- e 0 .. , '_ 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. -4- 0 e -, ,. ,< 5. SUCCESSORS AND ASSIGNS. 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 the Grantee, whether voluntary or involuntary. 6. TERM. This irrevocable offer of dedication shall Upon recordation of an be binding for a period of 21 years. acceptance of this Offer by the Grantee, this Offer and terms, conditions, and restrictions shall have the effect of a grant of access easement in gross and perpetuity that shall run with the land and be binding on the parties, heirs, assigns, and successors. this offer through the local government in whose jurisdiction 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. The People of the State of California shail accept Acceptance of the Offer is subject to a covenant which runs with the land, providing that any offeree to accept the easement may not abandon it but instead offer the easement to 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. - 5- e e -r r . ,' 4 Executed on this )bL day of December, 1985, at Los Angeles, California. Dated: December \bF 1985 Signed: qGm;&qyvhWQ Nancy Fay Johnson - Owner State of California 1 ) ss. County of Los Angeles ) On this /4 ' --. day of December, in the year 1985, . -& fi A /7 - 9-p- ] before me, c,.-L2. f2;z A. fcrc c.,7. . , 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. 0 - -. - / .?.,I J..>-/. .;7 Cf> K; /Q-.7+- - '/ c)p I.'{ i:1 ,:I , 7 I: ,.) ' , [:,r I I'! fi PO1 TI:? 10s P.I!Ei.l-;S f.-,''i!I': I. Notary Public in and for Said County and State MY c:,mm. crpirx IJCC 11, IC3 L;rc;l> .v..>.& -6- * e .. . - , This is to certify that the Offer to Dedicate set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to authorit conferred by the California Coastal Commission when it granted Coastal Development Permit on November 22, 1985, and the NO. 6-85-502/AB California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated: December 3/ , 1985 California Coastal Co STATE OF CALIFORNIA ) 1 ss. COUNTY OF SAN FRANCISCO ) On December 31 , 1985 , before me Y~c. h)j?&<j7]j’tcd. - a Notary Public, personally appeared personally known to me to be the person who executed this instr. ment as the and authorized representative of the California Coastal Commis- sion and acknowledged to me that the California Coastal’ Commission executed it. , J,l($# d /I$,/ I c> - fia Tlic/ 1 <{/{?{I // .TITLE -. p.. --f 5 x. ~~~~~.~~.~~~-~~,~~~~“~~-~ f.6 ,,-..y--<.(. E $* County and State i4 /p;: LEg?!; 0 r F I os:.! c I ?. !;. I. IIEIJ.i?IIYI 5 F. I+ 1. p ({I,.;. :;:. a:.h&4 y?j?lzw% Notary Public in and for said u .. r- A . . : 5 3.\ - 7- c a s. 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. EXHIBIT "A" *. ' C)k(;E Df.UKMLJIAi -. --.-- .- ._. __ . -- ..---_ . . . .-- 0 .- .-- - ~- --_ _-._____ __ -. . . ___ --. -- . . .-.. .-.__ .. . . . ___ . --.- ....--- .-- ..__.._.. -.. - 9 .. .. . . ',;.irA![ LX. ~AllfO~~llA--ltl~, rl ',OIJACrS AGI 1 - -..-- ryb _---_-___ _._____ _.__ Filed : October 7, 1985 49th Day: November 25, 1985 C:A Li FORN I A COASTAL CO/VY\A~ISSION . SAN DIEGO COAST DISTRICT 1333 CAMINO DEL R10 SOUTH, SUITE 125 SAN DIEGO. CA 92108-3520 180th Day: April 6, 1986 (619) 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: liemodei of an existing three-story triplex including enclosure of balcony/patio areas on two floors o'f the structure and foun- dation work, on an oceanfront lot in Carlsbad. Lot Area. 7,000 sq. ft. Building Coverage 1,778 Sq. ft. (2570,) Pavement Coverage 684 Sq. ft. ( 870) Landscape Coverage 1,000 sq. ft. (14%) Unimproved Area 3,539 sq. ft. (53%) Parking Spaces 4 Zoning Res. Plan Designation Res. 10-20 dii/ac Pro j ect Density 18.6 du/ac Ht abv fin grade 25 feet Site: 2723-2727 Ocean St., Carlsbad, San Diego County. APN 203-140-20 Substantive File Documents: Certified Carlsbad Local Coastal Program Hello I1 segment STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to 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 of the California Environmental Quality Act. 11. Standard Conditions. See attached page. EXHIBIT "B" oi G - 11 L, - 51 Pny,e 2 0 .. ,' 111. Special Conditions. --_ The permit is subject to the follow'ing 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 the Executive Director, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreational use along the shoreline. 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. 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. 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 document Such The document shall include legal descriptions of both the applicant's 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 modifications 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. 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 modifications also include the removal of the (westerly) wall The wall, as well as the existing pier 0 6 -n5- 507 r'nl:r? 3 0 ,. foundation, will be replaced with a continuous foundation and an insulated exterior wall. The interior remodelling is exempt from permit requirements under Section 13253 of the Administrative Regulations; bowever-, the expansion of the living rooms through enclosure of the balcony areas does require Commission review because it presents more than a 10% increase 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 Nello 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 and 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 x use) areas will not conflict with Policies 7-12 and 7-13 of the certified 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 Comission therefore finds the project consistent with the policies of the certified LCP. 3. Public Access. The policies of the Carlsbad Nello 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 Hello 11 certified Land Use Plan provides for the protection and enhancement of lateral public access throughout Carlsbad, an6 calls for ail 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. 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 #l, requiring a lateral access easement over the beach area, has been attached to the permit. tioned, consistent with the public access policies of the certified LCP. The issuance of the pemit here is The Commission finds the project, as condi- 4. Local Coastal ProKrnm. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Commission to adopt and .. 0 0 - I1 'j - 5 0 Pngc 4 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 lm adequate to carry out tve 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). 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 Mello 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, special condition /I2 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 implementation. 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 The existing 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. be made prior to the expiration date. Application for extension of the permLt must 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. be reviewed and approved by the staff and may require Commission approval. Any deviation from the approved plans must . 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. I 5. 0 6 - 0 ‘j 1)L , PJIKC - - ). ’. 6. AssiKnment. assignee files with the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. be perpetual, and it is the intention of the Commission and the pennittee to bind all future owners and possessors of the subject property to the terms and conditions. The permit may be assigned to any qualified person, provided 7. These terms and conditions shall (5502R) . .: t .J '& YU5 -58-8 .- m *i' .i,. i I' , ... .._ .- i' - ,i .i I !I .-. ?. _-----_- ---- ----+---- .^ . . .. ' .2- % -' - *. -a c 1. .L - i 6541 10' - - IL - - I= l- r- I I - - r -+ - I - . '[ 01 d- '% I . - \3' -J I 1.51 1 C@c Ccltlornia 1 , It-- i< '4 i 0. 2- ! 1 : 'Ll !> px 1-2 19 a h 9 a >L 0 30' '5 x-? , N .a 0 \ 3 t I * d; bl*J 1-'s-,o 'Q PC 4334 C Gjc4 -\ PAS- - cl: -a 4Afs VbQGb gu-0 -2-8 d x\ 4, Qb 851. J r 1.- 2kQx u, h4 LP QY Cc-owp 4<T L@QbG CIC- To 2. t t (2- I i 1 I =a -s % 1 i \z\ 1 Y t ia 1 I I \ I i i ~~ $ I x % L k# 7 I T t $1 I I I / 02 I /e I I \ D D -L% --% QL QL -> u3 *\ g, -?).J -x Q B 0 -- 0 -- 0 1. tb \ -- c - ..- \ -*-- 4- '.\ ----- - ------- .---- 1 !,* ! * s UCltB &jjis; *mi D .* TlCOl# TI'T C€ , TICOR TITLE XNSURANCE COMPANY P.0, BOX 1150 SAN DSEGO, CALIFORNIA 92112 618 239-608 925 "6" STREET SAN DIEGO, CALSFDRNIA 92101 PRELIMINARY REPORT FEBRUARY E;, 1986 TICUR TITLE INSURANCE COMPANY OF CALIFORNIA ATTN: JACK WORTHSNGTON 333 SO. GRAND, ST€. 700 LO& ANCCLCC, 08. 90071 YOUR REFERENCE: N28-8240521 OUR ORDER NO. : 1141230 IN RESPONSE TO THE ABOVE REFERENCED APPLICATiON FOR A POLICY OF TI INSURANCE, TICQR TZTLE INSURANCE COMPANY OF CALIFORNIA HERESY REPQ THAT IT IS PREPARED 70 ISSUE, OR CAUSE TO BE ISSUED, AS OF THE 0, HEREOF, A POLICY OR POLSCIES OF TSTLE INSURANCE DESCRIBING THE t, AND THE ESTATE OR INf&REST THEREIN HEREINAFTER SET FORTH,' INSUR AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR EXCLUDED FROM COVERAGE PURSUANT TO- THE PRINTED SCHEDULES, CONBITIl AND STIPULATIONS OF SAID POLICY FORMS, THE PRXNTEO EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF Si POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES Of ' POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THEREtO) SS ZSSl SOLELY FOR THE PURPOSE OF FACILIIATXNQ THE ISSUANCE OF A POLXCY TITLf INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DES1 THAT LIABfLI'fY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TI INSURANCE, A BINDER OR CWITWNT SHOULD BE REQUESTED. bATh AT 7:30 A,M, AS OF TIPLC OF S t GNE5 : I JANUARY 30, 1986 THE FORM OF PCllfCY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT t ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979 ( 1 ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) CtTA STANDARD COVERhOE POLtCY - 1973 ( '"t AktA OWNER'S POLICY FORM 8 - 1878 (AMENDED 10-17-70) b a ((at31 a AAm 1 I.. f" rv il 4 CUR TlTfiA5lJRANCe ' a4 . ' ',opri I e l THE ESTATE OR SNTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERR TO COVERED BY THIS REPORT IS: A ?re TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: NANCY FAY dOHNSON, A MARRIED WOMAN AS HER SOLE AND SEPARATE PRO A7 THE DAT'E HEREOF EXCEPTIONS YO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSfONS CON'TAINED ZN SAID POLICY FORM 1. THE L!EN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO T,HE PROVSSIONS OF CHAP'TER 3.5 {COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION 0 SAID LAN0 IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTSFICrAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. WOULD BE AS FOLLOWS: j3 COVENANTS, CONDITIONS AND RESTRICTIONS IN AN XNSTRUMENP E~~~CUTEO BY : NANCY FAY SOHNSON RECOROCl D : JANUARY 28, 1986, RECORDER'S FILE NO. 86-035769 RESTRICTIONS, IF ANY BASED ON RACE, COlOR, RELIGION OR NATIONAL ORIGIN ARE DELETED, SUCH RIGHVS OR EASEMENTS AFFECTINQ THE PORTION OF SAID LAND ''kRlfN STATED, FOR PUBLIC ACCESS AND XNCIDENTAL PURPOSES, AS PROVt IN AN IRREVOCABLE AND PERPET'UAt OFFER TO DEDICATE RECORDED : 3ANUARY 28, 1986, RECORDER'S FILE NO. 86-035776 AFFECTS : FROM THE TOE OF THE SEAWALL TO THE MEAN HIOH 'TIDE L CQVrIJANTC, CbHbltIDW9 AND RMSTRlCT1ONL ZN THE ABOVE I~~JIWLU XN&RUMENT. RESTRICTXONS, IF ANY, BASED ON RACE, COLOR, REtfGSQN OR NATIONAL ORldSN ARE DELETED. 5. WHICH, IF ANY EXIST, MAY AFFECT THE TITLE, THE NECESSARY SEARCH AND EXAMINATION WILL BE COMPLETED WHEN A STATEMENT OF INFORMATION HAS BEEN RECEIVED FROM : OWNER TAX FIGURiS FOR : 4985-86 CODE AREA : 09000 PARCEL NO, : 203-140-20 ZMPRfVf MEN TS PXRS INSTALCYIWt i SLC0NB tNSTALl8@)Jt: 487.83, PA10 I OtttEK HATTIR~P RECORD WHICH p6 NOT DESCRIBE SAID LAND, BUT b 1AND . pk:t 4a9.03, FAID t ..#Id* -SA- - bt 1- 1' I '4 1 @I I! TlTdASU $E '. NUTE; 'IH€ COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT," ZN LIEU Of SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECOROER WflL NOT CHARGE AN EXTRA FEE IF 'THE DOCUMENT IS ACCMPANPEQ BY. AN AFFIDAVtT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLYCABLe. * 5 .p, * f c -3b Dnr,r Q I-- 7' rr nrv KO~II [I r 0 I! ' TICOR TIT~~~SURMNC~ ' THE LAND REfERREb 'IO HEREIN IS SITUATED IN THE STATE OF CALIfBRNIA, COUNTY OF SAeJ DIEGO, AND I§ DESCRIBED AS FOLLOWS: LOTS 30 AND 31 IN BLOCK "A" OF HAYES LAND COMPANY ADDITION TO CARLSBAD, SN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDrNG TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUN RECORDER Of SAN DIEGO COUNTY, NOVEMBER 4, 1909. 0 I 1 .I 1, b frQ923 PPGP A > ._... .a e .I. _- t> .I m ), j .~ e.. .. 1' .*- . . ... . 1 -- thie Ls not a euww of tho lands bul colrpi~ tot infomataon only. nor 1 a part of tbr repert OT polley to rh it ali bo rttachod. [I'CLE INSUUAttCE AND TRUST I 220 W* 5tree~ Jan Dirgo, c~~ttornia, BtLOl . ..-. - * -s I.. .a .. f%C(N? lrcrLe r*uRANce * rn I I - - - -I___-__ - -_ ___ -I -- 3 Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESlDENTfAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against toss, 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 and zoning ordinances and also laws and regulations con- cerning: land use fi improvements on the land * land division D environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless a no- Date. 3 Tjtle Risks: m that are created, allowed or agreed to by you = that are known to you, but not to us, on the Polic unless they appeared in the public records m that result in no loss to you m that first affect your title after the Policy Date-1 not limit the labor and material lien coverage in It Covered Title Risks 4 Failure to pay value for your title. 5 Lack of a right: to any land outside the area specifically descr referred to in item 3 of Schedule A, or in streets, alleys or waterways that touch your lar This exclusion does not limit the access coverage i of Covered Title Risks. tice of taking appears in the public records on the Policy * SCHEDULE B - STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (B) Any easements or liens not shown by the public records. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. (0) Any water rights, claims or title to water on or under the land. This does not limit the lien coverage in Item 8 of the Covered Title Risks. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. I AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 ?OVERAGE (AMENDED 10-17-70) 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) restricting I or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any ii . now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area 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 appears records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insu (b) not known to the Company and not shown by the public records but known to the insured claimant either at Datc at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and no writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder in no loss or damage to the insured claimant; (dl attaching or created subsequent to Date of Policy (except to the ext is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to as str~1 inlprovvmcflts under construction or completed at Date of Policy). 1 t 111(.111tH( t~.li~Illl'y t>t 11ll* IMVI *I1 IIIV t~l-.lllwi f~l~~lfl}.ll~i~ 1)l.l .111..l' ttl f.lll1tlt~ o! 111,. Illnlll.tl .,I i),lll* c,f i~ltllC v 01 Ill .Illy *.lilt*.l IJf ltbt' !~'tt~*~~t~'l~~h!!A ICJ !,lJtll}dV !&'I!!1 l~~~~>~l~d~)~t' "C~OIII~J ~lU>!lIl'bh'' lJWb Ul lilt. SlcllC' Ill WlllC:ll IllC lJlltl I5 SllUJ~Ctl (1 XC.6'1 'I 101 \'I ail II! I' .((>It I" ,t*$K (:I )I If I1 I~lCVl ,,,I til*vl*l \I, s., 11.) * tinkled) 0 *’ Pricttrh Pqlicy Exceptions and Exclusion . 6. I’ CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLtCY 1973 1 SCHEDULE B PART f This policy does not insure against loss or damage, nor against costs, attorneys’ fees or expenses, any or all of which arise by r the following: 1. 1 ;IXI:S oi aisst!ssiii(!iils wltic:Ii dit: 1101 sliowit as cxislirig lic:iis I)y ttic tc:cottls of any taxiny autlwrity that levies t;lxcrs 01 ~SSI on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not show 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 inspe the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrarices. 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 and which arc! not showii by tho public rt:cortls. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) watt: 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 Schi or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit thi 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 r(: or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any imprc now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or itft:ij of ttw the effect of any violation of any such taw, ordinancc! or governrnoital regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights a1ioct;irs irr tti records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured cI (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage i disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured her (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resu loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value \ knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making 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 ruferrc; Schedule A. - ___ ____ AMERICAN LAND TtTLE ASSOCiATlON OWNER‘S POLICY FORM B-1970 (AMENDED 10-1 7-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE Thc followictq rriiittc:t s arc: c:xprossly c!xclutlt!d from ;tic: covc:ragc: of this I)olicy: 1. Any law, ordinance or governmeritat regulation (including but not limited to buildinq and zonin!] orrtinnncns) r(!f OI iw~iit,tliiiq OI titoltil)ilitiq tltr* i)i:i:iilimi(:y, II-.I. 01 ivijt)yrttitiil cil rlw I.irtil, 01 II~~II~~I~III!~ 1111: i:Iiiit;ii;ti*i, I~IIIII~II*.IIII~~. I the tlimerisioris of area of the land, or the effect of any violation of any such law, ordinance or governmental regL Rights of cmincmt domain or qovcrnmciil;il riqhts of f)olir,i! f)owc:r iinli!ss noficr! of ttw c:xr!rcisc: of stdi riqlits it111 ttii! 1)iiIilic iccortt\ at Datc: of I’olicy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffe’red, assumed or agreed to I)y the i (:l:titnillit; (I)) not known to IIu! Coini);tny mt(I not sliiiwii by IIIV liidilic Ir!c:orcIs 1,111 k~iowrl to 111v itiriutvt ~~I,IIIIWIII .II I).III: 01 I’i)l~c;y I)# ell 1111: ILIII! !,tI(;Ii c:l~iitcicilit ;tc:tliiiicxl ,itt c?at,lti: OI IIIII:II!S~ t)y ~IIIS liiilicy illlcl 181)t ~II\I:II)V+II 111 WII ttw iii*,iiti!iI i:l;ttiit;iiil 10 IIN! (;t)irti);itty ~)r IOI IO ~liti 11;iti: sild, ic)stlct:cI claitnuit l)i!cittlit! ,111 icisirti:tl tn!rt!ittt~lw, (1:) 11’ ict II~ Iins oi (Iiiiltatp! Io tl~o iris*+*,vl i:liiiiii;itit; ((1) ittriic:liiiiq ot c1vi11~1 vdtst!~ltlt!tl* I I);I!I* of f’rit~c.~, (1.1 I~WIIIIIIII 111 11;~tti;ay~ wtbiilt wi~t~til 1101 Ii:tvci ‘I cctctraitiixl iI ttin iiictiiosl I lnititattt tiail Iiaiil .x II~I tlta aafalo **I ittfutoot ittab IIIIP 1,adii $4 tlIHl Ill ,Illy llll~lll~vl!lll~!lll IIOW 01 lll!ll!dllt!t t!rt!c:ll!cl 011 IIII! IiIllcJ, Of ~llollll~ltlll~~ il sl!par;Itioll Ill OWllC!lSllll) 01 ,I tt!thIt. 2. 3. ... I 6 1 - #/7! iiZRZQCABLE OFFER TO DZDYCAE i 11, I California, legally describes as particiCarly cat forth in attacked (3) 12 D.hibit A hereby ixor-prated by reference, and hereinafter refsrreci to as 13 I (is& j ect ;?rogerty” ; aEij hYGEAS, the California Coastal Comm~ssi~n, (:ai st? o/C?qo IC, 17 acting on behalf of tile People of the State of California; and 111. TXfiFL%S, the Pecple of the State of CaiFr‘srzia have 2 legal intare i :l I I WER”CS, a coastal developent permit 30. (5) f 9Yu.5 was grante , by the Comiission in acccrdar: .. dd :il Dcdefigbef _I_ /y ’1- 3 ’;. .. , I 27’ I 1 // e%/*. ;. I . I 1 2 5 4 5 I 1- I I el 7 10 9i '. 8 I 11 12 13 14 15 16 17 I6 19 20 1495 i 8 .i attzchid hereto and hereby incorprated by reference, subject to the follot conz.i-.tion: (3) - That pk~%?-tc transmittal of the permit, the permittee shai-i- - record the following restriction against the subject property: Pennittee zigrees to irrevocably offer to dedicate to a public agency or private association approved by the Executive Director, of the San Diego Coast Regional Commission or its successor in interest, ari easement for public access and recreaticn on that portion of the pernittee's property seaward of the toe cf the bluff. This easement shall be free of prior liens and encun- brances 'except for tex liens. In no case shall this easemeiit be construed to allow the public to climb upon the bluff or to use that portion of the permittee's property easterly of the toe of the bluff. The irrevocable offer shall be binding on the permittee's successors in interest and any subsequent .purchasers of any portion of the real property. , .- ' vi. 2ublic road and the shoreline; ad 'JII. mRE1XS, LTder the Folicies of Sections 30210 through 30212 of the California Coastal Act of 1976, public access to the shoreline and aloilg, t.?.?e coast is tcr be maximized, and in all new development projects located setween the first public road and the shorelice shall be provized; and h7~~AE, t5e s-~bject Sroserty is a parcsl located between the first 1.. .. I VIII. WHZFZX, the CcriDnission four-d that but for ths imposition of the a1 22 23 24 25 I pu5lic access policies of Section 3C210 through 30212 of the Califcrnia Coastal Act of 1976 and that therefore in tfie absence of such a condition 2 ge,r;ni+- coxld not be have Seen granted;. // I 26; 2il I COURT F'.\PEQ STh1E Cr >%L!?ORKIA SrL) 113 49EV d 72) I .I 0;- // // -2- I - ,' -. I .. 1 2 3 4 s 6, I > ., .i 1456 NOW TZEEFL7I;-E, in consideration of the granting of pemit no. (9)F9!5c75 -- to the owner(s1 by che Commission, the owner(s) hereby to dedicate to the PerJple of California an easement in pe-etuity for the offe purposes of (10) pI// c &fl63,S @,i/ f/[~-s.-tlv7 / - ? located on the subject property (11) - I 9 I 10 1 11 12 I 14 and as specifically set / forth by aztached Exhibit C by reference. (12) hereby incorpora This offer of dedication shall be irrevocable for a period of twen .cne (21) yearsI measured foward fron the date of recordation, and shsll be 13lbinding upon the owner(s), their heirs, assigns, or successors in Inzerest The People - cf the State of Califon I* the s&ject property Sescribed above. 16 the local government in whose jurisdiction t5e schject property lies, or t I 18 1 19 of the Conmission or ics successor in interest. // 1 22 23 // /i 1 26 I 27 COURT F \PER l.71~~ or CAL VORula ST? 113 .REV a.7~ 0.- . // // -3- I. . .) i 1 2 3 4 5 6 7 8 .3 .( 14W.t Acceptance of tkn, offer is subject to a covennslt which runs with the land, providing that the first offere to accept the easement may not &bando it but must instead offer che easement to other public agencies or private associatims acceptabie to the Executive Girector of the Commission for the tluration of the term of the original offer to dedicate. The grant of easems once made shall run with the land and shall be binding cn the okners, their heirs, and assigns. , in the City 81 I Couztj? of Los Angeles Executed on this 26th day of January I 19 -- .. 1 10 I 11 12 13 14 15 16 __ Dated: -e Signedd r ml ’ /4/qwc (OWNER) BEN V. CONSTANTINO ,? .I I%GL/c: / &Lz& OWtJER i/jonN c, chsTA~?;iNo 17 * 18 19 20 21 22 23 24 25 2€ STATE OF CALIFORNIA COUNTY OF LOS ANGELES On January 26, 1981 and for said State, personally zppeared***BEN V COSTANTINO AND JOAN c , before the ur.dersigne2, a Not-lry FuSli 1 COSTANT_INO **x** , whose nane(s) are subscribed to thc I withir. inztrument, ad acknowiedge that they exezEted L\e same. // MARY LOU IMAN NUTMY POBUC - CALIFORNIA I // 27 1 COURT FAxa *IhIL GP ~ALl~OWNlA $,To 113 iqEY 0.12t L.* PRIWCIPAL OmCE !N // Los ANGELE8 COUNTY - -4- I 1 3 4 5 Jim? c, &fl@ , owner(s) , is hereby achowledged by the wder3igned officer on behalf of the California Coastal Commission pursuant to authority conferred by the Califorda Coastal Codssion when it granted fY505 On 6 coestrl Developn?snt Pemit No. California Coastal Commission consents to recordation thereof by its duly 15 16 ??A;% /(' ADMU , an2 for said Stater personally appeared Nsne I I 20. I $Il<qess my kziiid ad oEficial ses;. to me that such Conmission executed the same. I 15 0 0-L E2MUN3 G. XG\'f?J JR.. t -._,-______ .. _____ ~ -- _-__ - - -__ a{ ___-_- .. L ..- -'c.A+- _, .L ~ ?'. ~ .~,A;. +_ ._____ 2 ____...-L __.. ____.--_-..-- ---.--- --~ ---- - ,_____-___--_--- -----..--- --'7 c .a hck iji,+;;;;3 ~r,? c- p--+-:r?.*.? : I *-< __ ,. *"d .b.Pae \3..n.*li'.,*&t (;J.?u+:?2S;Gc"rL &!54 i:,:.e&H ct?:i;E pL<).m, x:rz 223 .%$.& L?'L..-q =*Y'-f'ejfl;4 pz:21r- :2 17'. T! :nWJw* tf;s*-~(/.,-~Alt;MI.C!A C3b.SIAL < 5 ------ g Ed/.& T2 J" ! rr crr*'o+p.i .. F3;,:COIQEi.ID~~T!IOX Am TIN31SZS -_.. . ____- 4 ---__--- COKTIIOL NO : F9505 hPF'5iCAfi'i' : Ben v. and J'mn C, Ccrstantiqo 28.36 Pinelawn D~2n La Cxesceriitzit cli 92124 LAST PA!.' FOri DATE OF PUBLIC AC'1"T 01.1 : Decerrher 26, 19EO €IEARIT.;S: Decerber 5, 1999 VGTE I?.E~!,JI2XP : Majority of CormLsslc.n m5mbezs pre.sent at neetiilg vi.tk: a r,e:r.ssary ror actio.? ('i t:omj.ssioners ccnsitutc a quo~illi CS!.V.iI E. s r,C:;IERs ABF,zl.;Ti' AT FDELI;C X2TAIf:G : Eckert, Francis, Galinson, Gotch (porkion of hearing) t Ifedgecock CTH3xS F.JiI.3 spom OR . p~~I~~~p~> yc, ST;E*.II; AT ?U?3LiC €IE~,RIX".IG : OTHERS SUBNITTING WRITTEN C3>Q4EXTS AT OR PF3'35 TO PUfjLIC IIZAXING : Axme Omsted'& Joan Jackson , (Sierra Club) PROJECT LTXATlOld : 5009 Tierrz del,Oro, nesr Carlsbad Blvd,/Cannon RGad - intersectLon, Carlsbaci (AE" 210-020-171 ?R.OSECT DESCRIPTION : Construction of a 3,600 sq. ft. single-family residence, (incLudes basement and garage) on a vacant beachfront IC .. Lot area 13,400 sq.ft. .. Pmed ?-re?. cr;vcra.qe ' 600 sa.ft. t 4%) Landscape roverage & /- Parking 2 Zoning R-1 Building coverage . 2,658 s?.ft,(20%) cobhly 3ezch - iO,142 sq.ft. (76%) Gelieral plan c Low-mci!. Residentis1 . Project der.sit:> 3.25 du/ac 0-4 du/ac ' .- - Hg k. abv. 3vg. grak 20' A3DiTI3NPiL SUBSTANTIVE FILS DOCTJKENTS: Letter fron Siang Tm, Div. Mines ar:q Geolpgy. .ti & 8 i;JCJ - _--. ---I ~. RECCl',~.~CM~~~~lO:.: : -____ -- - -_ _.- -. . s.tcff rcc:o;~yi::nds tiifit th;: SCP. ~icgo ~&;i~t Regia dev-:f.or.nol?i pc+?ml.i t. 291: the p~roy:oc;ed prc; jcct F~S ject co:!2i.t;iolIs: 12-1; TH: an i,spccic::l Conditions cc!nti rmod next page) a 0 .. ..- *. .. 1501 ( ,'.: ' L- RecorrLmendati.on and Findings F3505 Page 2 SPECZAL. r.3x2-J "IONS : ---- - ---_ 1. (a) - That pricr to transmittal of the pennit, the permittee shall record the following-restriction against the subject property: Permittee agrees to irrevocably offer to dedicate to a public agt?ncy cr ?rTi.:.-.'pt.e association approved by the Executive Dirzc tor, of the Ssn Di.ayo Coast Xegional Comnission or its successo~: in in,terest, an easemernt For public access and recreation on tli;-t portion of the pernittee's property seaward of the toe of the hluff. This easement shall be free of prior liens an2 excrfi-- LKa;iC.e: excep-t ~GI ta iierls. In iio case shall this sasement he construed to allow the yblic to climb ugon the bluff or to use that portion of the permittee's property easterly of the toe of the bluff. The irrevocable offer shall be bhding on the ~cmiittecfs success3rs in interest and any subseqJent purchasers of any portion of the real property. (bj - "Prior tcr the transmittal of a coastal development permit, the applicant-shall submit to the Executive Director a Gee2 re- ,. " striction for recordin.g, free of prior liens except for tax liens, thzt binds the applicant my any successors in interest. The form and content of the dezd restriction shall 5e srSject to the review and approval of the l2xecutj.s.e Director. The deed' restriction shal?. .]-roiride (a} that the applicants under- stand that the sit$ rnw -.__ sr?'subject to extraordi-nary hazard from erosion and lacdsl5des caused by waves from storms, and the -applicants sssune the liability frcn those hazards; (b) the applicants anccnditionally waive any claim of liability on thS-'Fart of the Comission or any other regulatory agency . for any damage from such hazards; and (c) the applicants under- stand that construction in the face of these probable hazards 5nake them ineligible for public disaster funds or loans for repeir, rep:.acenent, or rehabilitation of the property in the event of 'storms arid landslides. (c) - That prior to transmittzl of a building peXTftlt from the City of Carlsbad, the applicant shall have the buildin9 plans for the proposed project (ir.cludj.ng a foundation plan) revicwcd by the Division of Mines and Geology. This official comment fvorn the Division of Mines and Geology shall be snbmitted with the buildjxg permit application for subsequent zeview by thc City of Carlsbad Building Department. -3, - .. '( 1.582 0. ..: .I .a. . ' Rgcommeidation and Findings .. - F9505 Page 3 FlNDINGS : --_- 1. Confcmi-ty with ?.he Provisions of Chapter 3 of the C.nl.5-forniz Coastal --- Act of 1076 - Section 30;04(a) of the California Coastal Act of 1976 requires that the Regional Commission find, prior to issuance of a permit, that the pro- posed development is consistent with the provisions of Chapter 3 of the Coastal Act. The Commission finds that this proposed developmerlt , as conditioned , is consistent with the Chapter 3 policies. below. Additional consistency finds are made a. Public Access - The Coastal Act states: . Se,ctiorr 30210 - In carrying out the requirement of Section 4 of the Article X of the California Constitution, inaximum access, which shall be conspicuousiy posteci, an6 recreation opportunities shall te pro- vided for all the people consistent with public safety needs and the' need to prbtect public rights, rights of private property owners, and . natural resource areas fron overuse. Section 30211 - Developnent shall not interfere with the public's right of access to the sea where acquired thrcugh use, custom, or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of ter- restial vegetaion. SeCtiGii 30212 - 3iX%c access fror. '&e nearest public rciiiway to the shoreline and along the coast shall be provided in new development projects except, where (1) it is inconsistent with public safety, military securiey nee&, or the protecticn of fxagile coastal re- sources, (2) c,c?sq1.mt:e accesr- exists ncarhy, or (3) agriculture would be adversely affected. Dedicated accessway shall'not be required to be opened to pubik use until a puSlic agency or private association agrees to acdept responsibility for maintenance aRd liability of t.he accessway.. - kn existing path on the subject site suggested that project site na:F have heen scbjczt property and the vacaiit lot to the soiith a~r, both fenced off froin 'fierra del Oro on the bluff top. ..c ,.~d by the public for vertical access to the beach from Tierri: dcl Cro. The ~ ... -3- 1503 @ ?( .I c .I . ~c~<ommcndatior;~ and Findi g . . F9>05 . - Page 3 The ap9licaat has stated that the path has not been used recently by the public and that the existing path has resulted priniarily from private use . Access to the Seach from Carlsbad Blvd. is fxated a;i-;rci>:iinat~I.y L5C feet to +:fie .go;-t::. The Conur.issicn finds that approval cf prcposeii project is not expected to ifili2act vertical public access to the beach 'dae to the nearby public access to the north. Special coniition l(a>, xhich recpircs the public deeication of the beach area (west of the toe of the bluff) , would ensure that lateral public access wGL1ld be maintcined. Thus, the Cc@.ssion finds that proposed project, as conditicxed, is consistent with Secc~ons 3G210, 3CSJ I, a~c3 3W12 :qhic!l detail the maintcnarce of public ZCCCL;~ to the. shoxalin~. .- ... .. I- . F. St.:rj.i>21 : n;? Developent szd Al.t.cration of Landforms- - Section 36251 of -- -- - -_- .I- the Cuas"z1 Act StdtES : The scenic and visual qualities of coastal areas shall be - considered and protected as z resauzcc of public importance. Permitted deveiopent shall be si2ed and designed to protect views to and along the ocean and scenic coastal areas, to rnini.nize the alteration of natural land forms, .to be visually Compatible wi.th the character of surrounding a- reas t 3 and, where fessible, to restore ar,d eahance visual quality in viBual.ly degraded areas. On resl6ertial dzvslopxents along the coastline, the Commission considers the ' orientation of' a pxopqsed structure in relation to existing dwellings on either side. The propose? residence Is ss'i back far eri3ul;h to coiiforrn with the exist- ing stringline. The prcposed project will require,a ''cut'' into the slope of approximately 30-35 cubic yards. The bluff in this area was used as a dcmp area for the old highway some years ago. The Commission finds that the "cut",which is minor in scale ad would involve rencwal of previous fill material, would not represent alteration of a natural 'land form, Thus , the Cormi.ssion finds +I!zC tfie px+seci project is consistent with Section 30251 of the Act, since the house is setr back far enough to'conform with the stringline and no signif5cant a1.teration of a land fo-rm will occur. - C. Hazard fiom Kiiavt.: Ai.t.;ick - Sc-ction 30253 of the Coastal Act states: "New development shall: .(I) Minimize risks to life and property in areas of high geoloyic, flood, aid fire hazard; (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or sur-. rounding area or in any way require the const,-uction cf protective devices that would substantially alter natural landforms along bluffs and clif 1's: - --.-___-- The applicants subzittcd a geology report, which states the fdlowing in referencE to hazards from erosion: -4- 1504 e; I ( 0 -.. '. i. .e' .I '. - Reccmmenda-i-.ion and Findings F9505 Page 5 . "It is belj.eved that the house is located far enough from the beach and toe of the slope that erosion will not prssent a problem. It is assumed that the neighbors would cocpcrace to line the toe of the slope with rip-rap should the front change for the worse in the future.'' DLe to the extensive erosion that has occurred to the beach profile in the recent past, and because residents to the south hwe deemed it necessary to ir.- stall and repair: rip-rap , . staff sceked addj.ti onal input from the Division of Mines a:id Geolcgy regarding any hazards from erosion resulting from wave attack. Mr. SXarxj S. Tan, froxi the Santa ?ma office of the Division OZ ;.:ir,es and ~co10.j;. visited the site on Deceinber 8, 1980 (letter attached). He states that t.he site and adjacent areas appear to have a history of increased wave erosion. mean high tide line has moved inland approximately 100 feet since 1953. He further indicates that if no protective devices are installed, the anticipate amount of wave erosion should be considered in the engineering design of the proposed dwelling. Condition l.(C) requires the zpplicant to have the foundation plans reviewed and commted on by the Division of Mines and Geology, prior to submitting an applic Xith the City of Carlsbad for a IxiIding permit. The Division of Mines and Geol has requested additj-onal information needed 5ri order to ccmplete a geotechnical vestigation of the-proposed site. It Is thus saggested that the applicant subnj a geotechnical report (in addition to revised foundation plaris) which indicates', The . bzt not linitee to, the following: -? :.l) An accurate topographic map of the site with cross-section(s). (2) 3 slope stability analysis of the sea bluff based on results of a shea test of saturated (soaked) native material remolded to native conditio (3) Calculation of the rate of sea wave erosion or anticipated amount of erosion during the life span of the proposed building. I- xkc 2xmissioz finas that this cor?ditior wil!. help ensure that the Carlsbad Bui DZI>ZiriXieii? has received amgle information and recommendations needed for their xevkw of the proposed proj cct . In a4.diti.m the Commissioi; finds that condition l(b), a waiver of liability, will ensure t.hat the applicant is aware of possib1.c hazzrCl,s and that the Conmi will not 3e held res~o~sib1.e fcr any future disasters. The Commission finds that the proposed project, as conditiond, is consistent W Section 30253 of the Act, which requires the Coxmission to minimize risks to 1 and property, and to assure stabilitg and structnral integrity of my- new developmmt . 2. . . ._ Preparation of Local Coastal Program - Section 30604(a) also requires thdt a coastal developrnont permit shall. be issued only if the Regional COm;:?iSS finds that the permitted develoFment will :lot prejudice the ability of thc loC yovcrrunent to prepare ct local coastal Frogram (LCP) in conformity with tlrt: glrc: visions of Chapter 3 of the Coastal- Act. Construction of a single-family res: dence in this area of Carlsbad will not prejudice the adoption of the C;~rl.sb~ I @i * .( - 1595 c -* . 1' . - Recomxwidation and Findings F9505 Page 6 3- - Feasible Alternative or Mitigation Measures - Under the terms-of the California Environmental Quality Act, the Commission must review any feasible alternatives or mitigation measures which would avoid any potentially signifi- cant adverse environmental impacts associated with development, attached sp'ecial conditions, the proposed project will not create any substantia. impacts on the environment. Therefore, no additional alternatives or mitigation measures are proposed. With the ROW, TO !-WLTC.+'.i~!T -.-_ Kt?) CT,%Zi 04"Z!DZSE!3 PZRLOXS : Color s'iiiies pertairiing to th2s project may be shotm tc the Coixm5ssion ; Those i;.',shing to see these slides, as well as other : time of the €k~1 Vote, material receivcd pursuznt to th5-s application, are welcome to do so at the Co,znission*s ofiices prior to tine day of the Codssion meeting. DPC?RTIT : 1iLl'zppedls of Regional Cpmission decisions must be received in the S Comnission office not later thm 10 vorking days frob the date of thc Regiona COndssion's decision. Appeal foms are avdikkle at the FLegiozal Cn~ZssFnn -6- .. e. .- IS06 i +- .. .'' R.ZCOMMENDATPON & FINDINGS (. . .PAC2 ' 7 P' ' 9505 .. - NOTICE to AL-PLTC;iJTS : - All permits granted by the Sari Diego Coast Regional Commission are subject to the following standard term arid condit.ions and standard provisions : A. STAXDARD TCRVS .&.Nil C3NDITIDT'IS: 1. That the applicant agrees to adhere strictly to the current plans for the pryject as approved by the-Regional Commission. 2. That the applicant agrees to notify the Regional Commission (or State Commission if there is no Regional Commission) of any changes in the project . ardj-nances and obtdr; all necessary permits from State and Federal Agencies. That the apylicant acmes to conform to the permit, ru1.c.s and regula- 3. ?hat the ap.plicant will met all the local code requireirents and 4. tions of the Califorfiia Coastal Ccnnission. .. 5. That the applicant agrees that the Connission staff may make site inspections of the project during construction and upon completion. -- Ternis and Conditions are to run with the land. These terms and condi- tions ,shall be perpetual and it is the intention of the parties to bind all fbture owners and possessors of the subject property to said terms and conditions. B. STANDARD PROVLS IONS : * 1. STRICT COKPLIANCE: Permj-ttee is under obliqation to coilform strictly lo permit under penalties established by California Coastal Act of 1976. 2. TXVtELY DEVELOPMENT --- AXE CCMPSETTON : Permittee s~lbLz~nc~de~- merit Le.. --,x,. within two-yeaa follcwi.nqana1 ---*c- a?~&f- of the project .by the San Die? Regional'. €ommission. Construction shall be pursued in a diligent manner and completed Kithin a reasonable period of time. 3. rs3QUEST FOR FXTENSIORS: - Permittee may request an extension of time for the comtsncexsnt. of csns'iructiori Frovided the request is L~~Jlied for pril to expiration of the Ferni?. 4. ASSIGNABILITY OF PEENfT: This pornit is notassignable unless the pe Mittee's obligatj.ons under the permit are assumed by assignee in writing Wit mycar and a copy of the reqnircd assumption agrcemcnt delivered to thc Re? Commission or State Commission if there is no Regional Conunission; 5. -- APPEAL - Unless appealed to the State Commission withiti tcn (13) WOL - days following final sct.i.on hy the San Diego Coast Regional- Commission, all and conaitions sha3.1 LC final. 6. _- DISCL2\JMI:R: -- The permit is in :io way intcndcd to affect the riqhts obligakioas hcrctofore cxistirlq under private agreements nor to affect thc Ing regulations of other public bodies. --- '7. PERPIITTRE TO I?YTUPN .COPY: This permit s11~311 not bc valid un1c:;s wi I-/.: -- ten ( 3.0) work.i.rlcj LI,iy:; !~crn~itrtc:e rctcrns a signcci copy ctcknow~.cdcji.Iiy- cci;ti'r: ---I_.------- Sari ~icgo Coarit rt!:qiorial &$rnriiiss ion. .. '\ I 7 , fW7 rn. &d. Q( EDMUND G. GROWN JR., -_ , ~-~ ~-- - --- . .. ,. -. ,* ' SJA:~ OF CATIFORXIA. -- THE, RESOURCES AGFNCY -.--L -_.__ . . - ,-' i,F PKCl MF. N r 0 F CC X ZC R VAT IO t4 /a { . DiVISiGN OF I>!\lNES AND GEOLQGY iOS ANGELES LXSTPICT OFFICE 107 SDUTM B1OAC'iVP.Y. ROOM 1065 (P~DPFI 'r13420.3560) , .. From: siang S. Tan ' 10s ANSELES, CA PW:Z 28 Civic Center Plaza, Room 642 Santa Ana, CA. 92701 . Phone: (73.4) 558-4187 ATSS: 657-4187 December 9, 1380 h3glL tQ$f ~ . @. spkq GOi yi\L@ kLb' .. Mr . ThoiitiiS Eiu f 3uan San Diego Coast Rzgional Cormnission 6154 Mission Gorse Road, Suite 220 San Eieyo, California 92120 Subject: Control No. F9505, Proposed Dwelling at 5009 Tierra del Oro Street, Carlsbad, CA. %, Dear Mr. Kuffman: Puksuant to our phone conversation and your request for our review of the a.b~ve applj-catioE, I visited the site sild surroundings c;n December 8, 1980 and have the following comments: -' To complete our'geotechnical evaluation of the site, more specific and detailed information are needed , among others:: (1) an accurate topographic map of the site with cross- section(s); (2) i: slope stability analysis of the sea bluff based on results of shecr test of saturated (soaked) native material or-renolded to netive conditions; (3) rate of sea wave erosj-on or anticipated amount of erosion during the lifespan of the prolmsed building. It seems tfiat the site arid adjacent areas have a history of ixreased wave erosioxi. Based on or,e of the maps in- cluded in ycur "project suiriary" report of December 1, 1980, the mean high tide lirie in 1978 seems to have moved approxiamtely 1.00 feet inl.and from the mean high tideliric position in 1953 qr 25 years earlier. A landward shift of the high tide line in the amount of 100 feet within a period of 25 years is a very significant rate cf shoreline erosion. During my recent visit, there seemed to be indicaticns that the toe of the unprotected seabluf f at the site may be located about 10 to 15 feet inore inland than the position of the adjacent portion of the sea bluff which is proteutcd by rip rap rcvc-tn!cnts construc ked about .LO years ayu. This conditicx nay also b~ indicative of IS08 .i f . 12/9/80; P2 @( > -. .I J a' To: T. Huffman; From: S. Tan; significant wave erosion at the site. device is proposed for the site, the anti zipated amount of wave erosion should therefore be seriously considered in the engineering design of the proposed dwelling. The Sluff fa.cc in the area which consists of terrace deposits shows soae water seepage which has an adverse efL'Fct 011 the stability of the slope and shouli? therefore be considered in the stability analysis of the bluff. COIdCLT3 s ION : To complete our evaluation of the geotechnical aspects of the proposed dwelling, an accurate topographic map and cross-section of the site, a slope stability analysis of saturated native material (in native soils condition), and the anticipated amount of wave erosion during the lifespan of the proposed building are necessary in order to recom- mend proper geotechnical design criteria for the foundation and other engineering aspects of the proposed dwelling. If yo& have any further questions, please contact me at our Santa Ana office. Sincerely, , 1' no protective Si.y 5 .$L Siang S. Tan Geologist APPROVED : -. - (Jar8?t=-s F.Davis, State Geolcgist SST: J1'D:bb cc: Perry Y. kmimoto Cliff H. Gray, Jr. . m,. 1509 e .,. ' , .. .. ( 8. '. .I '7 ' . ., .. - .. ! I '\LC \< IiIT'j'EN ~0: \>\\?iY!':; !:O XP1 - .- ---c- --- 4 Il? q 50 5 -- --- -- ~P~L~C,~~'~ Ui.! C@!?I'l:OL .. *. E CF puT;r,Ic iii.;t,~t:~: \ 3 -5 - g 0 C'r K PLANl!J I\TG i lATTER !; i:,L.l?l.,, ss ~;i,lsl;;~;L~i;~ l7cR UsT;: Dy TIIOSE \?;I3 T\T'rCI.!i) j, PU~~.LIC IWd!I;1Z TiXD ;\!X K!A~~?~X @K N r ~j~~!~ y13 SP!::.:\I:. . py ~a!,ip~.,r;y 11.2~ A;;I) ~U:;;.;;:TTIKG Ti!IS F'OX.1 TiT TlIE T'T.t.ll? OF l'l!L PUR1 ,Y!: l;!;.?,k J ,?,I;:: ~S?'i~,Ijy,iSi[II!G YO[jl< ELIGI133:LITY FOE s3 ~ E~~KI?.!G ' 0;; 'f!1ls i.;Al''XX AT YI!S '?T>.X 01,' l'fii; l*l>!.- itII AN3 kt,:)R ;;ppi;~\~,l~~ ?':;E I;EG~O~AL CC)AS'T.A], CG~!:%I.'LSSION'S IjECISIOPJ ON Til? S I'l.'i3: 1'3 'i.!:: S:?'j .,:.;fSS13iJ. CC"T:;S uy yC)c~ ~~~?J~~;J~s v;.jjL~> GE. p~3\711-)2~ TO rj?i;i: COP:I.1IcST@~!!i.~l;S l??X@l? 'i'2 '!?ii.: ' cy VC.TE (glGL,Ess T!IE C~J!\S.I~~~T.Q~J VOTES GN ym sp.:p.!~ DAY AS THIS YOFS IS ~.~,:.;C~.ITT"i.~CI! . 2: Ai.; E : & -4k-a &.-iLki, Y\ah--. \\'9k c . aLpU \I 20 4 u--?;&q+- LQ<7QbcM 3-8 06 -. ADDRESS : -!3y3 iL.-vJ- .A4 - h Ch 5xa%\ 1% PiiONE NUPZT:I<R:- A.rea code T)\yl 75 3 - b5-I 0 7 a5 H 3 a lO I *' SLC- c3Lk .. , ~PRESENTINZ : ._ (Grou2 Cj: Self) .; OR OPPOSE -k Ti;IS I.'LrTTER. \,EASE I3)ICATk RLLObJ Ksy You SUPPo~~ l{ri<. c;;vS TSC FQTg;! 'TO' A C@t-Q.\?SSIC>J ,STAFF I'?E!.SER, b, *$ & \%L* -A&& -& P- ejyL$$. i&+ &$,cB--oh9. &y- ,'&L-GV93-? / y& ..-E;. .. - .A L% 4-+.--.* 0-\ y 'F-* 3Q3-\*0 <O&\\ 3%Q\B a' 30ss3 1 y&m- w,A ,q a32-JLk cK&k 1% I * -gsyJ&&p* * &Jib&&- \ . \.. O-y SUBMITTED AT SDCRC PU1'L'c ~-~EARING: 12- r*.@ - - Ihte .. ** ' 4 + I- 3 0 v. re (I) e # . - l'l,lq:,jSJ< K0'I-K ~~Al<I~~FI~I,I,Y 7'1 11.: Al~11,ITY l*XC:I,I,'SIONS ANI) J,lhll'l /\TlOl$S ANT) 1'1 11. Si'l<(:l VI C: !IS% 'I{ ,AN(;lc3 .A l:l~Ol< I )i.:I> I3Y '1'1 I IS (;I! ,AT< :I N'l'l<l<. 1 I: 'I'( 11 i W I SI 1 /I 111 ) I'I'I ( )Y 1 I I,\ ,\ /<I/,/'/'\', OIi ASSI ;I; \Nc :I13 (1'1'1 I bX '1'1 1 A iV AS ( :ON'I'A IN bl) I1 l~~l~l~~l N, 1'1 ,I~~ASI~~ ( I jjV'i',\( :'I '1'1 1 I' ( :Oh1 I':\NY 1,'OIi 1~'~ili'I'J I lq;I{ JNb'OI~M/l'I'lON !IS '1'0 '1'1 11': ,l\',I I I ,:\ 1;1 LI'I'Y !\Rl) '1'1 1 I' ( :O5'I' GUARANTEE NO.--- C-619 343 - LlABI1,ITY $ 6,000.00 FEE $ 60.00 SAFECO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES CALIFORNIA COASTAL COFDIISSION herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the. Assured because of reliance upon the assurances herein set forth, but in no eyent shall the Company's liability exceed the liability amount set forth above. 2. Dated : March 27, 1981 Secrctary w5vospLbLpl .. &-%E Presidcnt An Authorized Signature CLTA Guarantee Face Paee (Ilev 6-8-71) e * P SCHEDULE A C- 6 19 34 3 NO. The assurances referred to on the face page are: That, according to thaw puldic records whicli, under lfic icc*orditig I:\\\ ~1, iin1)arI rori.;lru(>iive notice of matters relating to the interest. il any, which \\as BEN V. COSTANTINO AND JOAN C. COSTANTINO, husband and wife as community property. in and to the land described as follows: Lot 17 of Tierra del Oro, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 3052, filed in the Office of the County Recorder of San Diego County, February 4, 1954. EXCEPTING therefrom that portion now or heretofore lying below the mean high tide line of the Pacific Ocean. Only the following matters appear in such records subsequent to March 10, 1977 pursuant to a Grant Deed of Record - - - 1. A Full Reconveyance recorded June 5, 1978 as File No. 78-231439. 2. A Agreement Imposing Restrictions On Real Property, recorded December 31, 1980 as File No. 80-440268. 3. A Irrevocable Offer To Dedicate, recorded February 10, 1981 as File NO. 81-041445. .I ..- ,. I his Gunruiitcc ilouu 1101 cover: 1. Taxes, assessments and matters related therelo. * 2. Instruments, proreedings or other malters whit11 do not specifically deacrihe said land. CHAIN OF TITLE GUARANTEE CLTA Guarantee Form No 6 (Rev. 9-12-68) P-238 (GS 1 , I -, @ -- -. _C_. . a L. ' . ... '.. ' I ##This ,,fat is for -i our aid in '- locating your land with reference to streets and other parcels. While this plat is believed to be correct, the Company assumes no liability for any toss Furring by reason of reliance thereon.'' '- TIERRA DEL OR0 I .- --- - ___. --- ----. - - --... ~ I i I' \ 4 Taw 81-$67629 FjtEIPAGE EO. BOO1: 1SBi RECORGEa I:T:''JTST 0 CgRC RElWolD, 4 K - 1916 621 Howard Street, 4th Flocr Sa Francisco, Califorr.ia 94105 At ten cion : Lega 1 Departmerr t HEY 2s 12 52 PI! '81 Id hb hTCSRD1; TNi i?'i' IRSEVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASE D!ECB COGHTY, CA VERA L. LYLE AND RECORDER DECLARATION OF RESTRICTIONS NO DECLARATION OF RESTNCTIONS (hereinafter *lOtferol) is made this 8th day of THIS IRREVOCABLE OFFER AND DEDICATION OF PUBLIC ACCESS EASEMENT AND - M. IUIY and ERN MAGTIUSON I (hereinafter referred to as "Grantor") . I. properties located in the County of and described in the attached Exhibit A (hereinafter referred to as ,the "Property") ; and XI. in Section 30103 of the California Public Resources Code (which code is hereinafter referred to as the "Public Resources Code"); and 111. WHEREAS, the California Coastal Act of 1976, (hereinafter referred to a the "Act") creates the California Coastal Commission (hereinafter referred tl as the 'Commission") and the San Diego Coast Regional Commission (hereinafter "Regional Commission") and requires that any development approvl omission must be consistent with the policie of the Act set forth in Chapter 3 of Division 20 of the Public Resources Cod WHEREAS, Grantor is the legal owner of a fee interest of certain real sm mego , State of Califo: WHEREAS, all of the Property is located within the coastal zone as defi~ -L + WHEREAS, P-suant to the Act, Grantor applied to the Commission or ional Commission for a permit to undertake develohment as defined in the hin t?e coastal zone of San Diego County (herein .* *REV* d 72) L 15 16 17 1 8. 19 20 21 22 23 24 25 26 27 L It ‘~L. 1; 721 . ‘Il . I VI. WHEREAS, the subject property is a parcel located between the first public road and the shoreline; and VII. WHEREAS, under the policies of Sections 30210 through 30212 of the California Coastal Act of 1976, public access to the shoreline and along tk coast is to be maximized, and in all new development projects located betwc the first public road and the shoreline shall be provided: and VIII.WHEREAS, the Commission found that but for the,imposition of the above condition, the propoaed development could nqt be found consistent with the public access policies of Section 30210 through 30212 of the California COC .. I i -2- j f ? '. ~ dition, a permii e and shall con! , Section 8 of lifornia Constitution and that said Offer, when accepted, shall thereby alify as an enforceable restriction under the provision of the Californi venue and Taxation Code, Section 402.1; NOW THEREFORE, in consideration of the granting of Permit NO. F9661 the owner(s1 by the Commission, the owner(s) hereby offer(s) to dedicat e People of California an easement in perpetuity for the purposes of lic access and passive recreational use along the shoreline ted on the subject property seaward of the toe of the bluff as specifically set forth by attached Exhibit C hereby incorporated b 1. BENEFIT AND BURDEN. This Offer shall run with and burden the Pr ligations, terms, conditions, and restrictions hereby imposed sh to be covenants and restrictions running with the land and shall limitations on the use of the Property from the date of recordat cument and shall bind the Grantor and all successors and assigns 2. DECLARATION OF RESTRICTIONS. The Grantor is restricted from int h the use by the public of the area subject to the offered easen access. This restriction shall be effective from the time of -3- *I 1 2 3 4 5 6 7 . 1919 3. ADDITICNW, TERMS, CONDITIGNS, AND LIMITATIONS. Prior to the openii of the accessway, the Grantee, in consultation with the Grantor, may record additional reasonable terns, conditions, and limitations on the use of the subject property in order to assure that this Offer for public accesg is effectuated. 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions held to be invalid or for any reason becomes unenforceable, no other provisi 8 9 shall be thereby affected or impaired. 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceFtic 10 obligations, and reservations contained in this Offer shall be binding upon 11 12 and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary. 13 14 6. TEN- This irrevocable offer of dedication shall be binding for a period of 21 years. Upon recordation of an acceptance of this Offer by th 15 16 17 18 Grantee, thi5,Offer and terms, conditions, and restrictions shall have the effect of a grant of access easement in gross and perpetuity that shall run with the land and be binding on the parties, heirs, assigns, and successors. // 19 20 21 // // I // a 0. ? 192c) . -. .\ ** ' 4 #< Acceptance of the Offer is subject to a covenant which runs with the la oviding that the first offeree to accept the easement may not abandon it t must instead offer the eaqement to other public agencies or private ociations acceptable to the Executive Director of the Commission for the f the term of the original Offer to Dedicate. c fl%- 13, /Y;P/ ATKORCDUM TO 1944 CA (8-71) (Individual) executed the same. - - (This area for official notanal seal) ng % Witness my hand and official seal the day and year in this certificate .* 7, *. ,' . e . 1920 @ - . .' Acceptance of the Offer is subject to a covenant which runs with the Im eree to accept the easement may not abandon it asement to other public agencies or private e Executive Director of the Conmission for the riginal Offer to Dedicate. JACK Me ROPH ' 19 8) , before me, the undersi ames are subscribed to the foregoing t they executed the sane. h Witness my hand and official seal the day and year in this certificate State of California I) . . This is to certify that the Offer to Dedicate set forth above dated , and signed by , ownerfs), is hereby acknowledged by the undersigned JACK M- ROTH ad Commission pursuant to authorit) ion when it granted Coastal Deve] and the March 20, 1981 cordation thereof by its duly , before the undersigned, a Notary Public in to me to be the person who id Commission, and acknowledge Witness my hand and official seal. , -6- ,I I, 6 4 e 1923 0 -. . .’ ’. .‘ , Lot 18 of Tierra Del Oro Subdivision, according to Map thereof No..3052, filed February 4, 1952, in the Office of the Recorder of said County, and cormonly known by the street address of 5005 Tierra Del Oro, Carlsbad, California. 2. E x E! ! B !P P r’ ‘L EUMtJND G. BROWN X., ST~T;~'G; ~~~~~OIINIA-CA11102NIA COASTAL CO" 'Jss1c)tJ . - -- .-_-_._---_. L _--- JLk. .. - :.I-/-/* ' ___-__. 1 _.___ ________ ___._ II- ----- ; -___ _._ 7 .__._.__ __- .---.- ---. -. .---.-..--- -. ,b .,L" ! * 1924 ipy,p 2' , /,. ;,! ' i +..ir-- /', Jq 5'; .:.'.y p- ____--.- --c ' sqd ~i~~o COAST '.P.X,1OMAL CO:$k!i. 61)4 MI:SICD:. GO~GE ROAD, SUITE 220 5~N-pIffi0, CALIFORNIA 92120-TEL. (714) 260-3992 d/\ . $\' I\"' -. COMSX!!T CALENDAR _m2p APPLlCATION .SUi;ii.lAH'J COKTROL NC . PROJECT DESCRIPTION ' . -- - ~9661 TI1 Major remodel of existing single-Zanily residence consfsting of demolition of 633 sq. ft. of existing structure end new construction of 1334 sq. ft. of living space. The resulting structure will',be . a 2,501 sq. ft. split-level single-family residence.. - .mg Lcjt area -ding coverage paved =e8 coverage ? Landscape and miinproved area 11,047 sq PL. (76% General Project plan Density -. 3.0 du ac ' Hgt. abv.avg. fin. grade 5005 Tierra Del Oro Street, Carlsbad (APN 21bO20-18) Parkkg 2 zoning Lm+Pied. Ees . SITE: App~1cAfJT: *' Jack Ro:h and Vern Magnuson AGEXT: Carl Reir,holz, A.I.A. 1125 Camino Eel Mar Del Mar, CA 92014 6987 Los Tilos Road Los Angeles, CA 90068 ., / . .. CONFOF3IANCE WITH THE CALIFOR?;IIA COASTAL ACT OF 1976 : The proposed dwelopment is in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, and would not prejudice the ability of any affected local governinent to Frepare a Local Coastal Program that is in con- formity with Chapter 3 of the California Coastal Act of 1976. Ther.e are no - feasible alternatives, or feasible miticjation measures, as provided in the- California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the developnent may have on the environment . (***s~E SPECIAL CONDITIOXS***) ~ CONSIDEXATIONS : Tierra Del Oro is a 21-lot single-family residentia1:slipdivrsion on a "T" Thirteen of the lots have E ntage, acd all of these have single-family residences except for the two IC ediately to the south of the silbject site. Ccnstruction of a single-fanli-lj sidcnce on the lot to the south adjacent to the subject site was recently ii~ The subject site is south of undeveloped SDG&E bci street between Carlsbad Blvd. and the sea bluffs. e Commission (F9505). 1and.s and Carlsbad State Beach. 3-09-8: TH : am (SPECIAL CONDITIONS - next page) ' PX#/dn /7- L - .- >.I.. (* ‘a ,‘r;,.;t Calendar - Applic ntion Sunnary J’ , . .! l.fG 1 ?&i\jC 2 ‘The proposed project consists of demolition of a portion of the seaward end of thr: existing single-family residence, and new construction.of 1,334 sq.ft, of. new living space. addition includes a second story. The project proposal originally included a 6-foot hiqh chain link fencs to be constructed on the face of the bluff. The Commission finds that- special cc:idir tions 3 and 4, which prohibit tne erection of the fence or any other structures seaward of the walkway neax the residence will help ensure that the visual-quali: of this coastal blcff is maintained. An existing stairway, which consists of woocien steps axd does not have any handrails, is located along the southern bouii ary of the subject lot along a portion of the face of the bluff. This stairway is relatively inconspicuous, and can remain in its present form on the bluff area, although alterations other than simple maintenance to these stairs vould be prohi.bited. The devclo_Drent is located on an unprotected bluff, and may be vulnerable to hazards from stormwaters, Special condition #1 ensures that the applicants are aware of potential dangers and that they relieve the Commission of any iiabilitic This proposed project i.s located between the sea and the nearest public road. In accmdan‘ce’ with Coastal Act Section 30604ic) , the Commission finds that the project, as conditioned, conforms with all puSlic access and recreatim policies of Chapter.3 of the Coastal Act. Coridition ,#3, which requires the applicant tG dedicate that portion of the lot sezward of the Sluff, will ensure that adzquate lateral public acceks will exist. Vertical access to the beach fron Carlsbad Blvd., is situated approximately 100 feet to the north. access to the beach. The proposed structure is set back within the “stringline” between existing de- velopment on either side. The proposed single-fani1.y residence will be cornpatible in scale and character with surrounding development. to coastal resources are expected to result from approval of the project. Parking consists.of the existing 2-car garage. The new Thus, approval of the project is not expected to impact publ: With the attached conditions, no adverse inipacts . SPECIAL CONDITIONS : - 1. Pri.or to the transmittal of a coastal development permit, the applicant; shall suE)init to the Executive Director a recorded d.eeed restriction that hinds the applicants and any successors in interest‘. ‘I‘he deed restric- tions shall provide: (a) that the applicants understand that the site may he subject to extraordinary hazard from erosion and landslides caused by waves from storm and the applicants assume the liability from those hazards ; (b) the applicants unconditionally waive any claim of liability on the part of the Commission e , a- m . - (Special Coqdj tioi,s continued next page) c -2- y k :It .-. ._ t il, I926 0 *-- ~, c.l:t C,3endar - Application Sma a' '. :. c-1 :% , ,.' 3 L:;I;:~~~ CUYDITIONS - continued: ___--- - for any damage fro? such hazards; and (c) the appflcznts understand that constructipn in the faze of these probable hzzards mcy make them ineligib1.e for public disaster funds or loans- fox repair or replacement of the property in the event of storms. . QOifer t.o Dedicate and Deed Restriction for Lateral Acckss: Prior . - to the issuance of the permit, tile Executive DirectDr shal.1 certi'Ty in writing that the following cor.diticn has been satisfied: The applicant shall execut-e and record a docunent, in a form and content approved in writing by the Executive Director of the Commission, irrevocably ofr'ering to dedicate to 2 p&lic agency or private association approved by the Executive Director, an. easemnt for public access and passive recreational me along the shoreline. 9WFaU . .. cWr3%,f-t - - LA f& 5iat€+E:,,*:*** 9-pXaSGRR . -. ~ .*LLe- ? . .__ -__ : Such easement shall be that portion of the lot seaward of the toe of Such easement shall be recorded free cf prior liens, except tax liens, and free of prior encunbraiices xhich the Execctive Director determines may affect the interest heing ,. ' the bluff. ,' . conveyed. The offer shall run with the land in favor of the People of the State of California, bindins succ?ssors and assigns of the applicaqt or lzndowner. The offer of dedication shall be ir- : revocable for a period of 21 years, such period runnhg from the ant shall record an irrevocable offer to de&c.ate to a public agency or to si private assocj an open space easement over the area between the toe of the bluff end. thekestern edge of the concrete walkway, as indtcated on Exhibit "A" attached. Said open space easement shali prohibit any alteration cf land fornc, placement or renoval cf vegetation, or erection of structui of any type,. unless approved by the California Coastal Commission or ii successor in interest. The offer shall'be irrecovable for a period of 21 years, shall run in favor of the People of the State cf California, binding SUCC~SSO~S azd assigns of the applicant and/or landowners, an& shall be recordzd prior to all other liens and encunbranczs except tax.liens. The offer to dedicate shall be in a form and'of content acceptable to the Executive Director. . Prior to issuance of the de\-elopment permit, th.e applicant shall svhci. agreement which indicates that the proposed six foot'high chain lird nce (as proposed in the application) will not be cocstructcd on th~t ea of the site seaward of thc proposcd cexcnt rz.ali;.nray: t!ist area cov special conditions #2 arid $3. T.hc.a9rcement shall be subvittcd to ; izwcd and dctcmined adcquate in writing by +he Executive Dircctof. -3- I I I-- 0 .. 1- . .. , r. - I '. rmwia G. Riic)wrd I!: auuv .. -__ --__.__ .. -- -. - .__ - - -. ___ __ -. . - __ --- . - . . . -. - - - ___ -_-_.__- --_. . - -- - - .. -;. 1 - . . . , . __,_ ,-~ ._____ . - , - - __ -....-.--. - , __ .._ -:-.-*p', . __ ..___. _______. -.--. .-- ---- -- ..._._ C;:fli/,--.C t,Ll~O!::.IIA C:OkfT4: <If ::ON t ' - -.' -- ,- - I ,>!J) c:)$f ;,;L;5;-X!, CG;,:.,,c :.A% - I. d::> % (jC);.S': RCi.2, C,tJI:f 220 i. /,-,o. ~,ALltC&~:l~l O?llO-l~l. (714) ?E0-6LJZ * A..i*jo,:;il. coniiij := .,>J ' i)llfJTS .;A> ._--__-.- ---- .- ~.imt>ti!j7 Cnjielan, Chai.Eri?n ADlX:NDiJ:4 TO PiX*lIT APPLICA' e- .? {q 6, G? j s;q,- z )!e C-!?c co cl; , \7j. c:c- r! I 2 I m:vi Ilal-rict pxllim t Si;ate Rcprcscntztivc 2 j,: Lla 1:: s Ihry Caslcr comm, KO : - Erj.an Eill?r~17 Illkc: G2tc.h Joseph Fran c'i s ik?:rp.y Galinsor1 . 'I.Ji3.1 i.!;fd<: . Jeff5:::y F'raut:sc::y ' Gcrdori Xillkxz I~IXL\RA.TIO:! OF CA!.FA?JC,N CCMTi7;1'DUrl'IONS ?.;le ~~my,~s~.ion's conZjj.c.!t of j.nterest rcS:ilF,tiona pr-ohibj.t any comissioner ~~ti!lq i proic.ct j.f he cr slie has recei\-ed caii.piq? contribu'iicns of: $109 03: morc rrithin tke yeax itr;ut 11Ot before. April 17, 1960) ; from project _or-opnents or o~~~t?Ci~tsr their- a: en1>lc>7c:es or f;unily, or an17 person oith a financial interesc in the project. In thc event of such contrij>utj oris, a ccmmissioner, rriust disqualify hirri or herse1.f f: vOLir.9 on the. project; tzilu~e to ao so may lEiac to revocation of the pemic. The qp3.ical1t nust decfarc he1o.v- whether any such contributions have Seer. made to a of the coim:iesioners or alternates listed &.;vi?. CHECK ONE Tfie applicants, their ay;en%s I cinployees, fami iy nnd any j~~son with a €i:iancial <.!iterst in the project. Ill'!\% NST COYTRIEU'i'ED _- $IC3 or ICIOTC ti, airy Comii ssiorier -tJithin the past year. reccivkd prior tc April 17, 1990 arc exmpt.) T;~C applicz;1ts, their ncjcnts r cvplcyee~, tind/or f;+i;li1y r anci,/or aliy pcxsor l~s;vi;.iq a financi~l. il~~p,:c;st iy tile p:-o-jcct IP.VZ CJO!;';'~?.~?-I?'I"E;> $2 00 o:c tlcyre to t.hp cc~inui.c;:':ioncl-'s li ?t.c!ii bcl~h' w.it-h.in t,1ic? pas^ ycxir . prior to r:pril 17, 3.900 a-c cxmpt. 1 (Coi?triL)utiolis ..Ui .___-.- -- ---- U (Cont.ri.but.ions rc?ccivcr? _.--- ._-- --.--- p __._--_-. ----.-- ___L ---__-_-_- --I-- -I__- ---_-.-.- - _Elblr,iUjb&Y17+-39E1 Tr,I LC CARL I:. I<F.TNlI'~l~Z 14. T . A.. - L - I - ' - ,r -- ---- ,I L .c 19.2s c , /c yzL/ - auj&/ /' f -1 LLh - JL )+.&&.f c{.,..z<jl LLd dd.2 - k-5ez / &/ >. /.> -- . /I&'dL.:z c . dl:-;$l(..3'/)L.J& ;/"Z{jZ, &<//Jfl / I. A' i/ // - - ,-&LA-+-- 6. // #;3 J&/ J&&Q&&fd v&Q Q +4-* , 6. I b. .t . ,' I1 ...... ... .. . - :- ... .- ..... c \ J3L-d /(/* A!&~&j&i&L& J! 1 4%: Ofi y2&i&;7,<d4 .d /: d' .L . , .c.4-&., * 4. .. d&;f I;24!2L4.;?./,yo/& A&... L4da &f-$& ,?a& .. ...... . dL-J,- - -. . Jd L' i .. .f.?dA&. d .... . .-- - ...... ...... -. _.-__ ___ .. . .- .--- ....-.__..-_.___ ......... .- . __ .. ... ... . -- .---.- ---.--.---..---. ---- .----. --. -_-- ._.. .- __._ _______ -. - .. ._ .. ...... ...... - -- .- ....... ..... .. .--. - -I_.. _. ______ ......... . ... .. ... .. _. . ....... - - - __ ...... .... .. ....... ............. -. ... . __._ . . - -- - - - . ..... . .. .. -.--.--. ..-.- .-- -.- --- --.-..- ____ -. __ ....... ....... - . - .... .... - .. - -- ----.- ---. .--.. ___.____.__ .. .. ...... ....... . .. .- -I--.-. .- - - - ..... . ..... ..... - ._ ... ........ ...-- - _-- -.-. -... .. ... .. .... .. ---.-. ----- --- -..---. ..__ _._. ____ ..... - ..... ...___.. . .... - ..--- . - ...... .--- --- .... - . .- __ .. .._ . . .- . .... . ......... ....... ... . .-. .. -..--.-- -.. . ...... - __ .... .. .-.-.. -.--..- ..._ _...__._ .-... .. -.- ..... - . - ..... -_ .. .. . ... . -.. ..-.-.- - ._ - .-.___ - -. -- --- - ---- .-------- --.----. - .-._.. .- --. _.____.__ _.. ....__.__ ___ ..... .. . ...... ... -. ..... 0. o@- - ----*--.- ---- --.---.--* .-----_._ __rr__ , .. -. --- -.\-- -- -- dl wz 7.7 ?-Vi-\ 631 Ei3:;AFS ;,??ET C Z .L T-:\L C C?filI 55 I SN Ij 3A F:4K::cC, cx 94135 . SUBORDII?ATION AGSEZEXi'l ' 4 5 6 .. .The w..:'ersigned, as beneficiaries w2er a Deed of Tnst dated (1) DECEMBER 8, 1980 and recorsed (2) DECEMBEB 30, 1980 , Page 80-436433 t Official Records in the Office of in Sook tLle County F-esorder of the . SAN DIEGO COUNTY e enc-dering the 1980 1 8 I g ! * ;YEISIX€%XXSC~&XX Title Inssura~c&,&g~& (&mpy I , --d has as trustee (3) / ,&,owlessas =he c4) OFFER TO.DEDICATE ACCESS & W&!@k concxrrently * z 8k-3.6763 ;.- 1915 9 EXHIBIT A ' FlLEIP8FE '.:3-, * property_ * - t' ( . r. ..' I- '1 SOOK 1981 RECOXIEO Q~Q*,esr CF CSRL Rc.rurter0, 4.l.A BAY B .1152f?! '81 u Ff= \c IAt RE c ;;; ROS RECOiiLEH .. .- ., . *. , ,. .. -. .. N .. 1. I. I' .~ . , .. t ~ L. .. . . Lot 18 of Tierra Del OrO'Subdivisiori, according to Map thereof No. 3052,'; filed February 4, 1952, in. the Office of the Recorder, of said County, and commonly known by Del Oro., Carlsbad, . . .. , .. '. . I .i . '. . .. of 5005 Tierra .. .. . .. -: .. . 3 . ,' .. . .. . .. ,. .- -. 3 * . x.* *' < I. .< .. 1 .. .. , , .. , '! .; _. . . . + . .. ,. .. ... .. . ... .. I .. .. .. .. .. .. $ ----------L---- ---. -3 r @ --- n. L b) -1 Ab ‘ WEGTLAND TITLE COMPANY OiY 2555 Camino Del Rio South, San Diego, California 92108 (714)- 299-9470 985 &buth anta ~e Ave., Suite 2, Vista, Wifornia 92083 (714 -941-4410 or (714 -481-5895 1 PRELIMINARY REPORT ISSUED TOr REIINHOLZ AETD ASSOCIATES YOUR NO. Roth ATTENTION: 1125 Canino Del Mar OUR NO. 9744-2 Del &jar, CA (Jim Pioe) DATEr June 10, 1s COPlfES FORt DATED AS OF June 9, 1981 AT 7200 A.H. * In resprnse to your abave referenced application for a policy of title insurance, Westland Title Canpany mrts that it is preparea b ause to k fssued through Anerican Title Insurance Cbpmy Of Hfzmi, Florida, a Florida curgoration, as crf the date kreof, a PR form Policy of Title ~nsurance de~qibing the lard and the estate or interest therein herehfw Ecet fora1 in Schedule A, insuring olgalnst loss which may be sustahd b re-n Qf any defect lien or encmbrmx mt shorn or referred to as ~n exceptim in sc~ufe B, or mt excluded fm-t merage prsuant to ttre winted cscheddes, Conditions and Stlpulaticms of said policy €om. -N3TIcE- mis report is issued solely far the purp~ae of kilitatk the iasuance of a policy of title insurance. ra liability is -& either @ westland Title car43any or American Tftle Insurance my of Miaj, Florida, for my loss or danages sustained q you, or any prwn =lying on this report, by ream of the misdemiptm or antmion of any matter in or from Schedules A or B Of this Feport. assmed before issuance of a policy of title insurance, a mimt should be requested. c”%I It is ckSi~sA that liability h A can lete schedule of elicable rates and premhs is ixvaildble on *stland 8tle cbripxay on Rqwst. WESTLAND TITLE COMPANY BY A4 4% BOB CPOFT TITLE OFFICER sr 267 2 5ii ,Pa . ORDER NO.: 974 IL .* m SCHEDULE A The Estate or interest in the land described or referred to in this schedule covered by this report is: A FEE Title to said estate or interestcat the date hereof is vested i JACK 51. ROW, a single man and VERI1 MAGNUSON, a single man as joint tenants The Land referred to in this report is situated in the State of California, County of San Diego and is described lis follows: Lot 18 of TIERRA DEL OR0 SUBDIVISION, in the City of Carlsbad, County of San Diego, State of California, according to Nap ther NO. 3052, EileU February 4, 1952 in the Office of the Recorder said County. 3 t. ORDER NO.: 974 "a + e e4 I SCHEDULE 3 kr L At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy fom would be as follows: I. General and Special taxes for the fiscal year 1981-82, a lie 2, A!!y adverse clain to any portion of said land which h been created by artificial means or has< accreted to su portion so created. 3. Covenants, conditions and restrictions, but deleti restrictions, if anyl based on race, -color, religion national origin, in an instrument recorded February 4, 1954 : Book 5132, Page 44 of Official Records. Said instrument provides that ,a violation thereof shall nc defeat or render invalid the lien, of any mortgage or dec of trust made for value, 4, An easement within the Northeasterly 25,O feet of t€ Southeasterly 4.0 feet feet fox either or both pole line5 underground conduits and incidental purposes in favor of SI DIEGO GAS & ELECTRIC COMPANY by instrument recorded June 14 1935 in Book 5679, Page 367 of Official Records, Reference, is made to said instrument for furthe particulars, 5, An irrevocable offer to dedicate real property for publi access and possive recreational use along the shorelin purpose, dated April 8, 1981 fn favor of the CALIFOWIA COASTA COMMISSION, upon the terms and conditions contained therein recorded Pray 29, 1981 as File No, 81-157629 of Officia. Over and across that portion of the Lot lying ceaward of thc toe of the bluff. 6, An irrevocable offer to dedicate real property for open spec purpose, dated April 24, 3.981 in favor of the CALIFOXNII COASTAL COmjfsSION, upon the terms and conditions containec therein, recorded May 29, 1981 as File No. 81-167630 oj Official Records. Over and across that portion of the herein described land between the toe of the bluff and the western edge of the concrete walkway, not yet payable, Record S - -_--- , @ [rll) SCSEDULE B CONTINUED a$ \. *A ORDER 140. 9744-C #. P 1 7. A Wed of Trust dated December 5, 1980, executed by JACK ti. ROT13 AND VERN RAGNUSOEif to TITLE INSURANCE MID TRUST COlrlPANY, a California corporation, Trustee, to secure an indebtedness of $259,150.00, and any other mounts payable under the terms thereof, in favor of RUTH C. SORVER, recorded December 30, 1980 as File No. 80-436434 of Official Records. Said Deed of Truat is subordinate to the Irrevocable offers to dedicated recorded Ray 29, 1981 as File 130. 81-167629 and 81-16763O1 both of Offfcial Records, by the terns of a Subordination Agreement recorded May 29, 1981 as File 110. 81-167628 of Official Records. 8. An Agreement regarding MAJOR REMODEL OF EXISTING SINGLE- FAMILY RESIDEIJCE, dated 26th day of Harch, 1981, executed by and between 3ACH M. ROTH AND VERN MAGKUSDN and the SAN DIECO COAST REGIONAL CONMISSION, upon the terms, covenants, and conditions contained therein, recorded April 27, 1981 as File No. 81-128325 of Official Records. 9. The effect of documents, proceedings, liens, decrees or &her matters which do not specifically describe said land, but which may affect the title or impose liens or encumbrances thereon, The name search necessary to ascertaf_rr the existence of such mtters has not been conpleted and will require a statement of information fro= JACK M. ROTS in order to complete this report. TAX IPJFORMATICN 19 8 0-8 1 : Code Area: 09000 Parcel No.: 210-020-18 Land: $14,253.00 Improvements: $ 5,618.00 1st Installnent: $ 451.38 PAID 2nd Installment: $ 451.38 PAID Exemptions: $ .OO - / c r - .- ’ + t Z .. * ’. ’ ‘tl rcl 1 4b * 1200 ELM AVENUE TELEPI CARLSBAD, CALIFORNIA 92008 (619) 431 Office of the City Clerk &tg rrf Oh4sbab August 17, 1988 California Coastal Commission 631 Howard St., Fourth Floor San Francisco, CA 94105 Attn: Deborah Bove Re: Acceptance of State Coastal Conservancy Lateral Access Easement Dedications The Carlsbad City Council, at its meeting of May 24, 1988, adopted Resolution No. 88-169, formally accepting three lateral access easement dedications from the California Coastal Commission. Enclosed for your records is a copy of Resolution No. 88-169, including copies of the recorded Certificates of Acceptance of the easements, and other attachments. xiii- Deputy ity Clerk Enc . i * TELEPt 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (619) 431 Office of the City Clerk MitQ of aarlsbab August 17, 1988 California Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 Attn: Alyse Jacobson Re: Acceptance of State Coastal Conservancy Lateral Access . Easement Dedications The Carlsbad City Council, at its meeting of May 24, 1988, adopted Resolution No. 88-169, formally accepting three lateral access easement dedications from the California Coastal Commission. Enclosed for your records is a copy of Resolution No. 88-169, including copies of the recorded Certificates of Acceptance of the easements, and other attachments. r5k-5iF Deputy City Clerk Enc .