HomeMy WebLinkAbout1988-05-24; City Council; 9442; ACCEPTANCE OF STATE COASTAL CONSERVANCY LATERAL ACCESS EASEMENT DEDICATIONS1 ,
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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
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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.
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LOCATION MAP 5
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HIGHWAY 78
LEGEND
m ACCESS EASEMEN'
1 LATERAL ACCESS EASEMENTS
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. 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:
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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
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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
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ATTEST:
/ P- ALETHA L. RAUTENKRANZ, Ciqy Clerk
(SEAL)
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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
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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
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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 *
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Exhibit C e *'
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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*)
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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~=:~
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'* " :-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
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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
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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.
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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.
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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.
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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,
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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.
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10s P.I!Ei.l-;S f.-,''i!I':
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Notary Public in and for Said
County and State
MY c:,mm. crpirx IJCC 11, IC3 L;rc;l> .v..>.&
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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($# d /I$,/
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.TITLE
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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
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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"
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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"
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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
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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
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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.
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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)
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,
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)
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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
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'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.
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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.
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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 . ..-. -
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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
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1
2
5
4
5
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el 7
10 9i '.
8 I
11
12
13
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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;-
//
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1
2
3
4
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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
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23
//
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26 I 27
COURT F \PER
l.71~~ or CAL VORula ST? 113 .REV a.7~
0.- .
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//
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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
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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
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PRIWCIPAL OmCE !N // Los ANGELE8 COUNTY
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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.
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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
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~. 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)
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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.
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.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..
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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
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1503 @ ?( .I c .I . ~c~<ommcndatior;~ and Findi g
. . F9>05
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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.
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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:
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The applicants subzittcd a geology report, which states the fdlowing in referencE
to hazards from erosion:
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'. - 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.
.
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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
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+- .. .'' 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.
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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 :
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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 &$rnriiiss ion. .. '\
I
7
, fW7 rn. &d. Q(
EDMUND G. GROWN JR., -_ , ~-~ ~-- - ---
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' SJA:~ OF CATIFORXIA. -- THE, RESOURCES AGFNCY
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i,F PKCl MF. N r 0 F CC X ZC R VAT IO t4 /a { . DiVISiGN OF I>!\lNES AND GEOLQGY
iOS ANGELES LXSTPICT OFFICE
107 SDUTM B1OAC'iVP.Y. ROOM 1065
(P~DPFI 'r13420.3560) ,
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From: siang S. Tan ' 10s ANSELES, CA PW:Z
28 Civic Center Plaza, Room 642 Santa Ana, CA. 92701 . Phone: (73.4) 558-4187
ATSS: 657-4187
December 9, 1380 h3glL tQ$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
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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 .$L
Siang S. Tan
Geologist
APPROVED :
-. - (Jar8?t=-s F.Davis, State Geolcgist
SST: J1'D:bb
cc: Perry Y. kmimoto
Cliff H. Gray, Jr.
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. - l'l,lq:,jSJ< K0'I-K ~~Al<I~~FI~I,I,Y 7'1 11.: Al~11,ITY l*XC:I,I,'SIONS ANI) J,lhll'l /\TlOl$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
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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
*
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EXHIBIT A ' FlLEIP8FE '.:3-, *
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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
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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,
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of 5005 Tierra
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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.
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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
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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
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[rll) SCSEDULE B CONTINUED a$
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*A ORDER 140. 9744-C #.
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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
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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 .
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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 .