HomeMy WebLinkAbout1991-10-22; City Council; 11402; OPEN SPACE EASEMENT DEDICATION TO STATE OF CALIFORNIA FOR HOME PLANT PUMP STATION PROJECTr GAhLaPnu - nuclu ILL ;/‘ , ~.
IAB# ’I! ‘Ob I TITLE: OPEN SPACE EASEMENT DEDICATION TO DEPT. k
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r MTG. 10/22/91
DEPT. ENG : MP
STATE OF CALIFORNIA FOR
HOME PLANT PUMP STATION PROJECT CITY A1
CITY Mc
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RECOMMENDED ACTION:
Adopt Resolution No. qI-34 9 approving a rep1 acement document for an open SI easement dedication to the State of California required for the Home Plant I Station Project.
ITEM EXPLANATION:
On September 10, 1991, the City Council adopted Resolution No. 91-301 approvin open space easement dedication to the State of California required as a condi of the City‘s Coastal Development Permit issued by the Cal ifornia Coa Commission for the upcoming construction of the Home Plant Pump Station proj Subsequent to the September 10th Council action, the California Coastal Commis has forwarded to the City a replacement document to affect the open space ease dedication. Coastal staff have indicated that the previously City exec document will not be executed by the State nor recorded.
Attached for the Council’s approval is the replacement document dedicating the space easement. Staff recommends approval of the attached dedication docume
This open space easement restricts the use of this buffer area southerly of boundary with Buena Vista Lagoon on the City property from any future develop including installation of any structures, signs, roads, or other similar uses. one hundred foot (100’) buffer area may include, however, provisions for 1 im access across the open space easement area consisting of a future five foot wide pedestrian trail. All maintenance and liability responsibilities remain the City as underlying fee owner.
FISCAL IMPACT:
None.
EXHIBITS:
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Resolution No. S /-3Y9 approving a substitute document for the dedici
of an open space easement to the State of California.
Deed document.
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RESOLUTION NO. 91-349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA7 APPROVING A SUBSTITUTE DEED DOCUMENT DEDICATING AN OPEN SPACE EASEMENT TO THE STATE OF CALIFORNIA FOR THE HOME PLANT PUMP STATION PROJECT
WHEREAS, the City Council of the City of Carlsbad has previously ap
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Commission to the City for the Home Plant Pump Station project; and 8
under the City's Coastal Development Permit issued by the Cal ifornia C 7
the dedication of an open space easement to the State of California as re
9 WHEREAS, it is necessary, desirable, and in the public interest to i
10 the attached substitute deed document.
11 NOW, THEREFORE7 BE IT RESOLVED by the City Council of the City of Cal
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authorized to execute the appropriate documents. Following the execution 16
space easement to the State of California and the Mayor and City Clerk arc 15
2. That the City Council does hereby approve the dedication of 14
1. That the above recitations are true and correct. 13
California, as follows:
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documents, the City Clerk is further authorized and directed to return
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1 originals of these documents to the Municipal Projects Department for tr;
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Street, Suite 2000, San Francisco, California, 94105-2219. 3
to the California Coastal Commission, attention Ms. Deborah Bove, 45 F'
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5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl sba
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to wit: 7
Council held on the ad day of October , 1991 by the following
8 AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaa:
9 NOES: None
10 ABSENT : None
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15 ALETHA L. RAUTENKRANZ, City C1 era
ATTEST :
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* RECORDING REQU ED BY ANU KtiUKN 10: a .I 1 Cal ifornia CoasL 1 Commi ssion 4"
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3 11 IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT
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AND
DECLARATION OF RESTRICTIONS
'i 7 THIS IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMEN
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DECLARATION OF RESTRICTIONS (hereinafter referred to as the ''Offert') i
this 23rd day of October , 1991 , by the City of Car
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(hereinafter referred to as the "Grantor").
I I. WHEREAS, all of the Property is located within the coastal ; 15
"Property") ; and 14
described in the attached EXHIBIT A (hereinafter referred to a 13
real property located in the County of San Diego, State of Cal iforni 12
I. WHEREAS, Grantor is the legal owner of a fee interest of c
People of the State of California and pursuant to the Act, granted a 27
V. WHEREAS, on May 7, 1991, the Commission, acting on behalf 26
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for a permit to undertake development as defined in the Act on the Pr 24
IV. WHEREAS, pursuant to the Act, Grantor applied to the Com 23
Act set forth in Chapter 3 of Division 20 of the Public Resources Codc 22
permit approved by the Commission must be consistent with the policies 21
referred to as the "Commission") and requires that any coastal deve' 20
to as the "Act") creates the California Coastal Commission (herei 19
111. WHEREAS, the California Coastal Act of 1976 (hereinafter rc 18
referred to as the "Cal ifornia Coastal Act of 1976") ; and 17
defined in 930103 of the California Public Resources Code (herei 16
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1 development permit number 6-91-34 (hereinafter referred to as the "Permit'
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shown on the attached Exhibit 'IC 'I and generally described as the porti 9
acceptable to the Executive Director, an open space easement over the 8
irrevocable offer to dedicate to a pub1 i c agency, or to a private associ 7
issuance of a coastal development permit, the applicant shall recov 6
1. Offer to Dedicate ODen Soace Easement. Prior to 5
following condition (hereinafter referred to as the "Condition"): 4
hereto as EXHIBIT B and hereby incorporated by reference, subject tc 3
accordance with the provisions of Staff Recommendations and Findings, atta
10 a 100 foot wetland buffer zone located on the applicant's property extc
11 from and parallel to the water's edge of Buena Vista Lagoon 11
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1 shall prohibit any a1 teration of 1 andforms, placement or remo\ 19
applicant's entire parcel(s) and the easement area. Said open space ea 18
100 foot buffer. The document shall include legal descriptions of bo 17
defined as the up1 and 50 feet (farthest away from the lagoon) of the re 16
~ of the property within the upper buffer area. The upper buffer a1 15
limited access, e.g. a five foot wide pedestrian trail, along the entire 14
the City of Carlsbad dated April 24, 1991. The easement shall allc 13
immediately off-site and found at elevation 5.5 as shown on a survey dl
20 vegetation, or erection of structures of any type, unless approved
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The offer shall be irrevocable for a period of 21 years, sh, 22
California Coastal Commission or its successor in interest.
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assigns of the appl icant and/or landowners, and shall be recorded prior 24
in favor of the People of the State of California, binding success(
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other liens and encumbrances, except tax liens. The offer to dedicat
be in a form and content acceptable to the Executive Director.
VI. WHEREAS, the Commission has placed the Condition on the pt
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to prevent the adverse direct and cumulative effects on coastal resources 2
to preserve the open space and scenic values present on the property and SI
provisions of Chapter 3 of the Act could not be made; and 7
Code §30604(a) that the proposed development is in conformity with 6
protections provided by the Condition the finding required by Public Resou 5
restricted in accordance therewith and 2) because in the absence of 4
pub1 ic access to the coast which could occur if the Property were 3
8, VII. WHEREAS, Grantor has elected to comply with the Conditior
9 execute this Officer so as to enable Grantor to undertake the develol
10 authorized by the Permit.
11 NOW THEREFORE, in consideration of the granting of the Permit tc
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perpetuity over the Property as follows; 14
the People of the State of California, an open-space easement in gross a 13
Grantor by the Commission, Grantor hereby irrevocably offers to dedica'
described in EXHIBIT C, attached hereto and incorporated herein by ref( 20
done by the City of Carl sbad dated Apri 1 24, 1991, and as specif 19
located immediately off-site and found at elevation 5.5 as shown on a ! 18
zone extending from and parallel to the waters edge of Buena Vista I 17
the Property generally described as the portion of a 100 foot wetland b 16
1. DESCRIPTION. The easement offered hereby affects that porti
21 (hereinafter referred to as the Protected Land).
22 2. PURPOSE. The easement is for the purpose of preserving the
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3. DURATION. ACCEPTANCE AND TRANSFERABILITY. Thi s i rrevocabl e 24
air, view, and scenic qualities over and upon the Protected Land.
years. This Offer may be accepted by any agency of the State of Cali1 27
successors in interest to the Property described above for a period 26
of dedication shall be binding upon the owner and the heirs, assigl
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Director of the Commission (hereinafter referred to as the "Grantee"). 2
a political subdivision, or a private association acceptable to the Execu
of acceptance, this Offer and terms, conditions, and restrictions shall 5
of this Offer in the form attached hereto as EXHIBIT E. Upon such record; 4
acceptance shall be effectuated by recordation by the Grantee of an accept 3
6 the effect of a grant of open-space and scenic easement in gross
'1 perpetuity for 1 ight, air, view and the preservation of scenic qualities
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the Protected Land that shall run with the land and be binding on the hc
the criteria hereinabove stated. Acceptance of the Offer is subject 11
be transferred to and held by any entity which qualifies as a Grantee u 10
assigns, and successors of the Grantor. After acceptance, this easemen.
but not 1 imi ted to removal of trees and other major or native veget. 20
!I attached hereto as EXHIBIT D and incorporated herein by reference, inc' 19
conservation uses. No development as defined in Pub1 ic Resources Code 5: 18
natural open space for habitat protection, private recreation, and re2 17
thereafter in perpetuity the use of the Protected Land shall be 1 imi t 16
4. USE OF THE PROPERTY. Upon recordation of this Offel 15
an entity which qualifies as a Grantee under the criteria hereinabove st 14
the easement until such time as Grantee effectively transfers said easeme 13
covenant which runs with the land, providing that the Grantee may not ab 12
21 grading, paving, installation of structures such as signs, buildings,
22 shall occur or be allowed on the Protected Land with the exception c
23 following subject to applicable governmental regulatory requirements:
24 (a) the removal of hazardous substances or conditio
25 diseased plants or trees:
26 (b) the removal of any vegetation which constitut
27 contributes to a fire hazard to residential use of neighboring propertic
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which vegetation lies within 100 feet of existing or permitted resident
development ;
(c) the installation or repair of underground uti1 ity lines
sept i c sys t erns ;
(d) Other: The easement shall allow for limited access, e
a five foot wide pedestrian trail along the entire width of the prop
within the upper buffer area. The upper buffer area is defined as the up
50 feet (farthest away from the lagoon) of the required 100 foot buffer.
5. RIGHT OF ENTRY. The Commission, any Grantee accepting this Of
or their respective agents may enter onto the Property at times reasonab
acceptable to the Grantor to ascertain whether the use restriction set f
above are being observed.
6. BENEFIT AND BURDEN. This Offer shall run with and burden
Property and all obligations, terms, conditions, and restrictions running
the land and shall be binding upon and inure to the benefit of the succe:
and assigns of both the Grantor and Grantee, whether voluntary or involunl
7. REMEDIES. Any act, conveyance, contract, or authorization b:
Grantor whether written or oral which uses or would cause to be used or *
permit use of the Protected Land contrary to the terms of this Offer wi
deemed a vi ol ation and a breach hereof. The Grantor, any Grantee acce
this Offer and any offeree of this Offer may pursue any and all avai
legal and/or equitable remedies to enforce the terms and conditions o
Offer and easement and their respective interest in the property. I
event of a breach, any forbearance on the part of any such party to en
the terms and provisions hereof shall not be deemed a waiver of enforc
, rights regarding any subsequent breach.
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8: TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to bc
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of a) Article XIII, §8, of the California Constitution; and b) 5402.1 01 4
contained herein shall constitute enforceable restrictions within the mea 3
Property. It is intended that this irrevocable offer and the use restrict 2
a1 1 real property taxes and assessments levied or assessed against
sal e of tax-deeded property. g
California Revenue and Taxation Code, or successor statute, which survi 8
upon and burden to the Property within the meaning of §3712(d) of 7
Offer, easement and restrictions shall be deemed to constitute a serv- 6
California Revenue and Taxation Code or successor statute. Furthermore, 5
10 9. MAINTENANCE. The Grantee shall not be ob1 igated to main
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departments, officer, agents, and employees are to be free from all lial 18
accepted upon the express condition that the Grantee, its ager 17
10. LIABILITY AND INDEMNIFICATION. This conveyance is madl 16
borne by the Grantor. 15
Grantee for monitoring compliance with the terms of this easement, sha 14
maintenance, improvement, use, or possession, except for costs incurr 13
interest or easement created by this Offer. All costs and expenses for 12
improve, or otherwise expend any funds in connection with the Property o
19 1 and claim for damages by reason of any injury to any person or pe
20 including Grantor, or property of any kind whatsoever and to whom
21 belonging, including Grantor, from any cause or causes whatsoever, 1
22 matters arising out of the sole negligence of 'the Grantee, while in, up
23 in any way connected with the Property, Grantor hereby covenantit
24 agreeing to indemnify and hold harmless the Grantee, its age
25 departments, officers, agents, and employees from all liability, loss,
26 and obligations on account of or arising out of such injuries or
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however occurring. The Grantee shall have no right of control ove
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uses inconsistent with the interest granted and does not include the rigt 4
the right of the Grantee to enter the land is strictly limited to preven 3
the Grantee to any 1 iabil i ty occurring on the 1 and by virtue of the fact 2
duties and responsibilities with respect to the Property which would sub.
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defined by Cal ifornia Government Code 5830. 6
enter the 1 and for the purposes of correcting any dangerous conditio
7 11. SEVERABILITY. If any provision of these restrictions is he'
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be thereby affected or impaired. 9
be invalid or for any reason becomes unenforceable, no other provision I
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Executed on this 23rd day of October , 1991
CLAUDE A. LEWIS, Mayor ALETHA L. RAUTENKRANZ , Cit)
TYPE OR PRINT NAME OF ABOVE TYPE OR PRINT NAME OF ABWF
** NOTE TO NOTARY PUBLIC **
If you are notarizing the signatures of persons signing on behalf
corporation, partnership, etc., please use the correct notary acknowledg form as explained in your Notary Public Law Book.
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f STATE OF CALIFORNIA )
) ss. comw OF SAN DIEGO )
On October 23, 1991 , before me
Notary Public in and for said State, personally
Aletha L. Rautenkranz , known to me to be the
oi the City of Carlsbad, a I.Iunicipa1 Corporation
known to me to be the person who executed the wi
of said Municipal Corporation, and acknowledged
Carlsbad, California, executed the same.
the undersigned, a
appeared Claude A. Lek
Mayor and City Clerk
of the State of Cali thin instrument on be to me that such City
WITNESS my hand the official seal.
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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 Califorr
Coastal Cornmission pursuant to the action of the Commission when it grar
Coastal Development Permit Number 6-91-34 on Mav 7, 1941
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and the California Coastal Commission consents to recordation thereof by
duly authorized officer.
Dated: 7
California Coastal Commission
STATE OF CALIFORNIA 1
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COUNTY OF SAN FRANCISCO )
On this 25-d day of November in the year I
before me, Deborah L. Bove , a Notary Public, personal1
appeared John Bowers , personally known to me,
proved to me on the basis of satisfactory evidence, to be the person whc
executed this instrument as STAFF COUNSEL of the CALIFORNIA COASTAL COMP
._.
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and acknowledged to me that the CALIFORNIA COASTAL COMMISSION executed 1
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COURT PAPER
STATE Or CALIFORNIA
STO. 113 IRCV 8*7ZI
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EXHIBIT I
THOSE PORTIONS OF LOT 18 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO A MA] THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER 01 SAID SAN DIEGO COUNTY, JULY 28, 1921, LYING WESTERLY OF THAT STAT] HIGHWAY RIGHT-OF-WAY CONVEYED TO THE STATE OF CALIFORNIA, BY DEE] RECORDED AUGUST 20, 1934 IN BOOK 316, PAGE 309 OF OFFICIAL RECORDS (SAID STATE HIGHWAY BEING NOW KNOWN AS CARLSBAD BOULEVARD) DESCRIBED AS FOLLOWS :
PARCEL 1:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 18 OF SA11 SEASIDE LANDS, SAID POINT BEING ALSO IN THE EASTERLY RIGHT-OF-WA' LINE OF THE ATCHISON-TOPEKA AND SANTA FE RAILROAD; THENC: UORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY HAVIN(
A RADIUS OF, 1055.37 FEET AND A CENTRAL ANGLE OF 3"45*48** FOLLOWIN(
THE SOUTHWESTERLY LINE OF SAID LOT 18 AND SAID EASTERLY RIGHT-OF'
WAY LINE OF SAID ATCHISON-TOPEKA AND SANTA FE RAILROAD, AN ARI DISTANCE OF 69.32 FEET TO THE END OF SAID CURVE: THENCE NORT:
58"33' WEST 250 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAV NORTHEASTERLY HAVING A RADIUS OF 1332.70 FEET; THENCE ALONG THE AR OF SAID CURVE 267.80 FEET TO THE TRUE POINT OF BEGINNING, SA1 POINT BEING THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAN CONVEYED TO CARLSBAD SANITARY DISTRICT BY DEED RECORDED DECEMBER 6
1929 IN BOOK 1704, PAGE 351 OF DEEDS, IN THE OFFICE OF THE COUNT
RECORDER OF SAN DIEGO COUNTY: THENCE NORTH 53' 14' EAST ALONG TH SOUTHEASTERLY BOUNDARY OF SAID SANITARY DISTRICT LAND, 124.15 FEET THENCE CONTINUING ALONG SAID BOUNDARY NORTH 0 ' 21'45" EAST 52.3 FEET; THENCE NORTH 89°37'151g EAST 60.89 FEET MORE OR LESS TO POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWA (CARLSBAD BOULEVARD) , SAID POINT BEING IN THE ARC OF A 1160 FEE' RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC 0
SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE 0
10'58'36" A DISTANCE OF 222.23 FEET; (RECORD 222.21 FEET) THENC
NORTH 85'03'30" WEST 9.90 FEET TO A TANGENT 379.95 FEET RADIU CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SA1 CURVE, THROUGH A CENTRAL ANGLE OF 11"47 '10" A DISTANCE OF 78.1 FEET MORE OR LESS TO A POINT ON THE AFOREMENTIONED EASTERL ATCHISON-TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY LINE AND 1332.7 FEET RADIUS CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH CENTRAL ANGLE OF S"46'00" A DISTANCE OF 134.13 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
PARCEL 2
BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAN
CONVEYED TO CARLSBAD SANITARY DISTRICT BY DEED RECORDED DECEMBER 6
1929 IN BOOK 1704, PAGE 351 OF DEEDS, IN THE OFFICE OF THE COUNT
RECORDER OF SAID COUNTY AND BEING ALSO DESCRIBED IN PARCEL 1 ABOVE SAID POINT BEING ALSO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE 0 THE ATCHISON-TOPEKA AND SANTA FE RAILROAD AND IN THE ARC OF
1332.70 FEET RADIUS CURVE CONCAVE NORTHEASTERLY: THENCE ALONG TH
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BOUNDARY LINES OF SAID BOOK 1704, PAGE 351 THE FOLLOWING COURSES:
NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE
THROUGH A CENTRAL ANGLE OF 1°28143tt A DISTANCE OF 34.39 FEET; THENCE TANGENT TO SAID CURVE NORTH 41"21'00" WEST 65.34 FEE1 (RECORDED 82.62 FEET); THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAZ LINE, NORTH 89'37'15" EAST 291.74 FEET TO A POINT IN THI AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE FOR STATE HIGHWA'I (CARLSBAD BOULEVARD), SAID POINT ALSO BEING IN A 1160 FEET RADIU: CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SA11 CURVE THROUGH A CENTRAL ANGLE OF l"01'28" A DISTANCE OF 20.74 FEET THENCE DEPARTING SAID STATE HIGHWAY RIGHT-OF-WAY SOUTH 89'37'15' WEST 60.89 FEET; THENCE SOUTH 0°21t45vt WEST 52.37 FEET: THENCI SOUTH 53"14'00" WEST 124.15 FEET MORE OR LESS TO THE POINT 01 BEGINNING.
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'TATE OF CA~;F.=IRNIA--THE QESOJPCES AGENCY - Pete Wi lsol
CALIFOR~IA COASTAL COMMISSION
:AN DIEGO CO4ST DISTRICT
1333 CAM:t:3 DEL RIO SOUTH, SUITE 12s
SAh DIEGO, CA 92108-X20
(b'.?) 277-9740 RECEIVED
AP?, k 9 1,331
Filed: 3/4/91 49th Day: Wai ved 180th Day: 8/31 /91 S.';af f : w-so Staff Report: 4/24/91 Hearing Date: 5/7-10/91 TLU I'
MUNICIPAL PROJECTS
DIVISION REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENOATION
MUNICIPAL PROJECTS
DIVISION REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENOATION
ADD? iCatiUfI NO. ! 6-91 -34
Applicant: City of Carlsbad Agent: Kenneth W. Quon
Description: Demolition of a pump station and trickle filter and constructio of a sewage pump station and sewer force main. The 1,900 linea foot force main will begin at the new pump station and travel
under Carlsbad Boulevard, State Street, and Laguna Drive to the Vista/Carlsbad interceptor at the intersection of Jefferson
Street and Laguna Drive.
Lot Area 1.21 acres
Building Coverage 850 sq. ft. (1%) Pavement Coverage 2,600 sq. ft. (5%)
Landscape Coverage 2,100 sq. ft. (4%)
Unimproved area 47,150 sq.ft. (90%) Zoning Open Space
Plan Designation Open Space
Ht abv fin grade 29 feet
Site: West side of Carlsbad Boulevard, south of State Street, Carlsbad, San Diego County. APN 155-200-01,02,03,
Substantive File Documents: Certified City of Carlsbad Mello I1 segment LCP Coastal Development Permit F9150
STAFF NOTES:
Summary of Staff's Preliminary Recommendation:
Staff is recommending approval of the subject proposal subject to special
conditions regarding recordation of an open space easement over those portior;
of the property within 100 feet of the water's edge of Buena' Vista Lagoon, a revegetation/restoration plan within this buffer area, and submittal of
drainage and erosion control plans. .
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6-91 -34 Page 2
PRELIMINARY 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 on the grounds that the development 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 Qua1;ty Act.
11. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Offer to Dedicate Onen SDace Easement. Prior to the issuance of a coastal development permit, the applicant shall record an irrevocable offer to
dedicate to a public agency, or to a private association acceptable to the
Executive Director, an open space easement over the area shown on the attached
Exhibit "#3" and generally described as the portion of a 100 foot wetland
buffer zone located on the applicant's property extending from and parallel tc
the water's edge of Euena Vista Lagoon located imnedlately off-site and found
at elevation 5.5 as shown on a survey done by the City of Carlsbad dated April
24, 1991. The easement shall allow for limited access, e.g. a five foot wide
pedestrian trail, along the entire width of the property within the upper
buffer area. The upper buffer area -is defined as the upland 50 feet (farthest away from the lagoon) of the required 100 foot buffer. The document shall
include legal descriptions of both the applicant's entire parcel(s) and the
easement area. Said open space easement shall prohibit any alteration of
landforms, placement or removal of vegetation. or erection of structures of
any type, unless approved by the California Coastal Commission or its
successor in interest.
The offer shall be irrevocable for a period of 21 years. shall run in favor of the People of the State of California, binding successors and assigns of the
applicant and/or landowners, and shall be recorded prior to all other liens
and encumbrances, except tax liens. The offer to dedicate shall be in a form
and content acceptable to the Executive Director.
2. Revegetation/Restoration Plan. Prior to the issuance of the coastal development permit, the applicant shall submit a detailed revegetation plan indicating the type, size, extent and location of all plant materials, any proposed irrigation' system and other landscape features to revegetate the required buffer. Native plants similar to those existing in the upland area surrounding Buena Vista Lagoon and compatible with the freshwater marsh areas of the lagoon shall be utilized to the maximum extent feasible to re-establis
the area consistent with its previous character. The plan shall also provide for the removal of the existing non-native and invasive vegetation within the
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6-91 -34 Page 3
buffer (iceplant and palm trees) and the replanting of this area with native
upland plantings. The plan shall also indicate that the portion of the access drive within the buffer must also be removed and revegetated with native plant materials. Said plan shall be reviewed and approved in writing by the ,Executive Director.
3. Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit final grading and erosion control plans wbicb sbal J incorpomte the following;
a. Grading shall be prohibited in the period between October 1 and Apri 1 1 of any year.
b. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading
activities.
c. All areas disturbed shall be stabilized in advance of the rainy season (October 1 to March 31 of each year). The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the hillsides or restoration area.
4. Drainage Plan. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and written approval of the Executive Director, a drainage and runoff control plan. This plan shall document that runoff from impervious surfaces Will be collected and discharged to the street where feasible. Runoff shall be directed away from sloping
areas where possible, and any runoff directed over these areas shall be retained and discharged at a non-erosive velocity and elevation (below the 5.5
contour) to protect the habitat values of the lagoon from degradation by scouring or concentrated runoff.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description. Proposed is the construction of a sewage
Dum0 facility. installation of a force main, and the demolition of the .. existing sewage pump facility, located on the west side of Carlsbad Boulevard south of Buena Vista Lagoon.
The new sewage facilities are proposed to be constructed adjacent to Carlsbad Boulevard on a triangular-shaped area just south of the existing pump station on the "Home" plant site in the northwest corner of the City of Carlsbad. Thc
pump station will contain three 20 horse power electric motors in an underground structure. Adjacent to,the underground pump room will be an abovt
ground structure containing a backup generator adjacent to an underground diesel fuel storage tank.
The pump station and force main are proposed to replace the existing outdated
facility at the north end of the property located about 150 feet south of
0 0 EXHIBT' .-
6-91 -34 Page 4
Buena Vista Lagoon. The existing force main, while adequate to handle existing flows is not strong enough to withstand the pressure requirements of the new pump Station equipment, therefore the sewer main is proposed to be replaced.
The 1,900 lineal foot force main will begin at the new pump station and travel under Carlsbad Boulevard, State Street, and Laguna Drive to the Vista/Carlsbad interceptor at the intersection of Jefferson Street and Laguna Drive.
The existing pump station and trickle filter structure are proposed to be
and landscape the site to cover up the large depression left by the trickle
filter.
In coastal development permit F9150 (1980) the Commission approved the construction of a 1,750 sq.ft. storage basin for temporary storage of sewage
in case of a power or pump failure. This basin was located adjacent to the existing pump station on the north end of the site, about 150 feet from the lagoon. The permit was granted with a landscaping condition requiring the applicant (City of Carlsbad) to maximize screening of the site from adjacent roads and Buena Vista Lagoon.
The site of the proposed development is located in the City of Carlsbad, and is subject to the policies of the Mello I1 LCP. The site is zoned and planned for open space.
I
demolished and removed from the site, Then the applicant proposes to regrade
2. Wetlands. Section 30231 of the Act states:
The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimi,zing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, ,and minimizing alteration of natural streams.
In addition, Section 30240 of the Coastal Act states:
(a) Environmentally sensitive habitat areas .shall be protected against any significant disruption of habitat values, and only
uses dependent on such resources shall be allowed within such areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and
and shall be compatible with the continuance of such habitat areas.
The project site is located on City property adjacent to the south shore of Buena Vista Lagoon. This parcel, however, does not extend down into the open water and wetland areas of the lagoon. The portion of the City's property
designed to prevent impacts which would significantly degrade such areas,
,. w 0
6-91 -34 Page 5 I 3
nearest the lagoon (along the northern property line) on the western half of the site is generally characterized as flat and disturbed with bare dirt
areas, patches of iceplant, and containing two large palm trees. NO native
vegetation is Present here or anywhere else on the site. An existing paved service drive, which descends along the eastern property line from Carlsbad Boulevard towards and then parallel to the lagoon, provides access to the pumr
house; this road actually straddles the property line between the subject
parcel and the wetland parcel w;th some of the road on both parce\s.
The wetland parcel is under the propietorship of the Department of Fish and Game. Patches of iceplant, and a line of trees are located on the wetland
parcel between the water area of the lagoon and the service drive.
Immediately upland of the service drive on the western half of the project site is a flat bare dirt area that rises gradually in elevation to the
manufactured slope associated with the existing storage basin. A number of mellaluca and myoporum trees surround the basin resulting from the Commission's previous landscaping condition. The eastern half of the property, upland and west of the service drive, contains disturbed slopes tha ascend gradually in a southerly direction to the trickle structure and then t the site of the proposed development.
The proposed pump station is sited on the extreme south end of the site about
400 feet away from the lagoon's water edge. Because the existing trickle
development would be closer than 400 feet to the lagoon, which is well in excess of the Commission's typical 100 foot buffer from wetland areas. The applicant proposes to regrade and plant the area left by the demolished filte and pump station with ground cover and the existing trees would remain.
While new development associated with this application is well removed from
the lagoon, in most instances, both DFG and the Commission insist on a minimu
100 foot buffer between new development and the upland edge of wetland
resources, in this case, the freshwater marsh of Buena Vista Lagoon. Where
existing development precludes this buffer or where existing topography allow
for sufficient isolation of wetland resources, the Commission and DFG have
both permitted reduced buffers, the amount of reduction based upon the level of protection afforded in each situation by existing topography. In this instance, the existing development, because it will be demolished, would not preclude the application of the typical buffer setback.
The applicant has indicated that a 100 foot buffer would be acceptable as
Because at thls location it is very clear the water's edge is the wetland
boundary, defining the buffer this way is acceptable. Because the wetland
resources exist off-site, the proposed 100 foot distance would not extend tht
full 100 feet onto the City's property.
The applicant has indicated that the City may propose passive park uses on this parcel at some later date or may sell the parcel. The Commission has. allowed limited public use of buffer areas in some cases for public access tl shoreline areas (including lagoons) if these uses would not adversely affect
filter and existing pump station are proposed to be demolished, no on-site
measured from the water's edge of the lagoon upland onto the project site.
.
W 0 LAnlDl I .-
6-91 -34 Page 6
existing habitat values (i .e., if designed to promote public access to the
lagoon without damaging the area's biological resources). In this case the
Commission notes that a typical passive park use (e.g. pedestrian trail)
This design would also have to be made in consultation with the Department of Fish and Game.
In recognition of the wetland resources in this area and in light of the above
discussion, Special Condition #l has been proposed. It requires the applicant
to record an irrevocable offer to dedicate to a public agency, or to a private
association acceptable to the Executive Director, an open space easement Over
the lagoon buffer area shown on the attached Exhibit 'l#3", This easement will
allow for limited lateral access (e.g. a 5 foot wide trail) along the entire width of the property within the upper 50 feet of the buffer area. The 100
foot buffer shall be measured upland onto the property from the water's edge
of Buena Vista Lagoon located imnediately off-site and found at elevation 5.5
according to a recent survey done by the applicant. It is anticipated that
the DFG would be interested in accepting this easement and take this opportunity to remove the non-native trees and iceplant on the wetland parcel between the water area of the lagoon and the applicant's northern property line, Restoring and revegetating this portlon of the wetland parcel in
conjunction with revegetation of the proposed buffer area would substantially enhance the habitat values of this segment of the south shore of Buena Vista
Lagoon.
Special Condition #2 provides that the buffer must be revegetated with upland native plant materials that are compatible with the existing freshwater marsh vegetation present in the lagoon area. This condition is not requiring that the buffer area be graded to the existing elevation of the lagoon, to be restored as freshwater marsh; it is simply requiring the removal of the existing non-native and invasive vegetation within the buffer (iceplant and
palm trees) and the replanting of this area with native upland plantings.
Additionally, the portion of the access drive within the buffer must also be
removed and revegetated with native plant materials. Because the existing pump station and trickle filter structure are proposed to be demolished, the access road to serve them is no longer necessary.
The site drains toward the lagoon and the project requires grading for site
preparation. Special Conditions #3 and #4 require the submittal of grading
and drainage plans fer the review and approval of the Executive Director.
These special condition are proposed to prevent, to the maximum extent
feasible, erosion resulting from the proposed grading and subsequent
sedimentatlon impacts to the adjacent wetland resources. The conditions would
also prohibit the grading of the site during the rainy season.
Given these special conditions, the existing environmentally sensitive habitat
area of Buena Vista Lagoon would be afforded an appropriate level of
protection. Therefore, the Comnissjon finds that the proposed project as
conditioned is consistent with Sections 30231 and 30240 of the Act and the
Mello I1 segment of the certified City of Carlsbad LCP.
3, Visual Impacts. Section 30251 of the Act states, in part:
within the buffer area could be faund acceptable if sensitively designed.
W e _....*"
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6-9 1 -34 Page 7
The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land
forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas.
The project site is located immediately adjacent to the south shore of Buena Vista Lagoon, although the location of the new development is well removed
from the lagoon. The proposed improvements will result in some additional level of visual impact. While the project proposes only one small structure that is located on an existing graded pad area that is level, this structure will be immediately adjacent to Carlsbad Boulevard and therefore will have some visual impact from this LCP designated Scenic Highway. However, the
with a variety of trees and shrubs (bouganvillea) including a special treatment of Eucalyptus trees proposed between the highway and the improvements. Moreover, because the existing pump house, storage basin, and trickle filter would be removed from the site, there would not be a significant incremental adverse visual effect to the-highway from the proposed project. Therefore, the Commission finds that the subject development proposal is consistent with Section 30251 of the Act.
4. Growth Inducement. The proposed pump station and force main will replace the' outdated station that currently exists on the site. The existing force main, while adequate to handle the flow from the existing pump station, is not strong enough to withstand the pressure requirements of the new pump station equipment, therefore, it is proposed to be replaced. The new force main consists of 1900 lineal feet of 10" pipe. The alignment of the force main will begin at its connection to the new pump station, travel south under Carlsbad Boulevard, then turn east through an easement in the parking lot of
an office building, then through State Street and up Laguna Drive to the
Dri ve.
The area surrounding the pump station and force main is urbanized, no expansion of the sewer system is proposed, a pump station currently exists on the site, and the force main runs under the existing street system, therefore growth inducement is not anticipated and present or planned land use will not be affected. Therefore, the Commission finds that the proposed project will not generate adverse growth inducement, and is consistent with Section 30254
of the Coastal Act.
landscaping plan indicates that the building would be adequately landscaped
Vjsta/Carlsbad interceptor at the intersection of Jefferson Street and Laguna
5. Local Coastal Planninq. Section 30604 (a) also requires that a coastal development permit shall be issued only if the Comnission finds that the permitted develapment wi 11 not prejudice the ability of the local government to prepare a Local Coastal Program (LCP) in conformity with the provisions of Chapter 3 of the Coastal Act. As noted above, the project is consistent with the land ure and zoning applied to the site in the certified
LCP for the area and is zed to serve only development consistent with those
U ~~
”
6-91 -34
Page 8
designations. In addition, the proposed conditions will provide for a similar
or greater level of protection of lagoon resources compared to that required
under the policies of the LCP.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledqement. The permit is not valid and 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 Commfssion
office.
2. Expiration. If development has not commenced, the permit wi 11 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. Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require ‘Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Comnission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice
6, Assiqnment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7, Terms and Conditions Run with the Land. These terms and conditions shall be oerpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the
terms and conditions.
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EXH I B IT "A"
BEING A 100 FOOT WIDE WETLAND BUFFER FOR A OPEN SPACE EASEMI MEASURED FROM THE APPROXIMATE HIGH WATER LINE OF THE BUENA LAGOON OVER THE FOLLOWING DESCRIBED PROPERTY:
THOSE PORTIONS OF LOT 18 OF SEASIDE LANDS, IN THE CI CARLSBADICOCNTY OF SAPi DIEGO, STATE OF CALIFORNIA, ACCORDIN(
MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RE' OF SAID SAN DIEGO COUNTY, JULY 28, 1921, LYING WESTERLY 01 STATE HIGHWAY RIGHT-OF-WAY CONVEYED TO THE STATE OF CALIFORN DEED RECORDED AUGUST 20, 1934 IN BOOK 316, PAGE 309 OF OF RECORDS, (SAID STATE HIGHWAY BEING NOW KNOWN AS CA BOULEVARD), DESCRIBED AS FOLLOWS:
PARCEL 1:
COMMENCING AT THE YOST SOUTHERLY CORNER OF SAID LOT 18 0 SEASIDE LANDS, SAID POINT BEING ALSO IN THE EASTERLY RIGHT- LINE OF THE ATCHISON-TOPEKA AND SANTA FE RAILROAD; NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY A RADIUS OF 1055.37 FEET AND A CENTRAL ANGLE OF 3'45'48" FOL THE SOUTHWESTERLY LINE OF SAID LOT 18 AND SAID EASTERLY RIC WAY LINE Ow SAID ATCHISON-TOPEKA AND SANTA FE RAILROAD, DISTANCE OF 69.32 FEET TO THE END OF SAID CURVE; THENCE 58'33' WEST 250 FEET TO THE BEGINNING OF A TANGENT CURVE C
NORTHEASTERLY HAVING A RADIUS OF 1332.70 FEET ; THENCE ALO
ARC OF SAID CURVE 267.90 FEET TO THE TRUE POINT OF EEGINNINC POINT BEING THE MOST SOUTHERLY CORNER OF THAT PARCEL 0 CONVEYED TO CARLSBAD SANITARY DISTRICT BY DEED RECORDED DE 6, 1929 IN BOOK 1704, PAGE 351 OF DEEDS, IN THE OFFICE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 53'14' EASI THE SOUTHEASTERLY BOUNDARY OF SAID SANITARY DISTRICT LAND, FEET; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 0'21'4: 52.37 FEET; THENCE NORTH 89'37'15" EAST 60.89 FEET MORE OR ! A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE 1 (CARLSBAD BOULEVARD), SAID POINT BEING IN THE ARC OF AN 111 RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL AN 10'58'36" A DISTANCE OF 222.23 FEET; (RECORD 222.21 FEET) NORTH 85'03 '30" WEST 9.90 FEET TO A TANGENT 379.95 FEET
CURVE, THROUGH A CENTRAL ANGLE OF 11'47' 10" A DISTANCE 01 FEET MORE OR LESS TO A POINT ON THE AFOREMENTIONED E. ATCHISON-TOPEKA AND SANTA FE RAILROAD BIGHT-OF-WAY LINE AND FEET RADIUS CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE '
A CENTRAL ANGLE OF 5'46 ' 00" A DISTANCE OF 134.13 FEET MORE 0 TO THE TRUE POINT OF BEGINNING.
CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC C
PARCEL 2
BEGINNING AT THE YOST SOUTHERLY CORNER OF THAT PARCEL C CONVEYED TO CARLSBAD SANITARY DISTRICT BY DEED RECORDED D
6, 1929 IN BOOK 1704, PAGE 351 OF DEEDS, IN THE OFFICE COUNTY RECORDER OF SAID COUNTY AND BEING ALSO DESCRIBED IN 1 ABOVE; SAID POINT BEING ALSO A POINT IN THE EASTERLY RI WAY LINE OF THE ATCHISON-TOPEKA AND SANTA FE RAILROAD AND ARC OF A 1332.70 FEET RADIUS CURVE CONCAVE NORTHEASTERLY; ALONG THE BOUNDARY LINES OF SAID BOOK 1704, PAGE 351 THE FC
NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-W THROUGH A CE'NTRAL ANGLE OF 1'28'43" A DISTANCE OF 34 -3' THENCE TANGENT TO SAID CURVE NORTH 41'21'00" WEST 65.: (RECORDED 82.62 FEET); THENCE DEPARTING SAID EASTERLY RIGHI LINE, NORTH 89'37'15" EAST 291.74 FEET TO A POINT AFOREYENTIONED WESTERLY RIGHT-OF-WAY LINE FOR STATE (CARLSBAD BOULEVARD), SAID POINT ALSO BEING IN A 1160 FEE3 CURVE CONCAVE WESTERLY: THENCE SOUTHERLY ALONG THE ARC OF
COURSES:
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CURVE THROUGH A CENTRAL ANGLE OF 1'01' 28" A DISTANCE OF 20.74 THENCE DEPARTING SAID STATE HIGHWAY RIGHT-OF-WAY SOUTH 89': WEST 60.89 FEET: THENCE SOUTH 0'21'45" WEST 52.37 FEET; ' SOUTH 53'14 '00" WEST 124.15 FEET YORE OR LESS TO THE PO1 BEGINNING.
PARCEL 3 OPEN SPACE EASEMENT
A STRIP OF LAND OVER PARCELS 1 AND 2 AS DESCRIBED ABOVE. SA1 BEING PARALLEL TO AND DISTANT 100.00 FEET SOUTHERLY 0 APPROXIMATE HIGH WATER LINE OF BUENA VISTA LAGOON, THE SOC LINE OF WHICH IS DESCRIBED As FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF THAT PARCEL C CONVEYED TO THE CARLSBAD SANITARY DISTRICT BY DEED RE
DECEMBER 6, 1929 IN BOOK 1704, PAGE 351 OF DEEDS, IN THE OFF ,THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING ALSO A ON THE EASTERLY RIGHT-OF-WAY LINE OF THE ATCHISON-TOPEKA ANT
FEET RAILROAD: THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LI FOLLWING COURSES; SOUTH 41'21'00" EAST 65.34 FEET (RECORDEL FEET) TO THE BEGINNING OF A TANGENT 1332.70 FEET RADIUS CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC C CURVE THROUGH A CENTRAL ANGLE OF 1'28' 43" A DISTANCE OF 34.2 TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID Eb RAILROAD RIGHT-OF-WAY LINE THE FOLLWING COURSES: THENCE NORTH 83'54'48" EAST, 35.86 FEET;
THENCE SOUTH 84'52'07" EAST, 71.74 FEET; THENCE NORTH 89'55' 20" EAST, 59.69 FEET; THENCE NORTH 74'47'38" EAST, 35.33 FEET TO A POINT ON THE WI RIGHT-OF-WAY LINE OF AFORESAID STATE HIGHWAY (CARLSBAD BOUI SAID POINT BEING IN A 1160 FOOT RADIUS CURVE CONCAVE WESTF RADIAL BEARING TO SAID POINT BEARS NORTH 77'34'48" EAST, SA1 BEING THE EASTERLY TERNINUS OF THIS DESCRIPTION.
SAID PARCEL CONTAINS 0.483 ACRES MORE OR LESS.
A MAP LABELED EXHIBIT "B" IS ATTACHED HERETO AND MADE A PART
THENCE SOUTH 83.47'36" EAST, 43.90 FEET;
THIS DESCRIPTION.
TBIS YAP AND LEGAL DESCRIPTION WERE PREPARED BY ME OR UI DIRECTION. , cy+
CECI E YALS P.L.S. 5997 0.
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BUENA VISTA LAGOON
WATER SURFACE ELEVATION = 5.50' ABOVE M.S.L.
APPROXIMATE HIGH WATER LINE ELEVAllON = 9.0'+/- ABOVE M.S.L. ON 4-24-91 AT 2:OO P.M. P.O.S.T.
HlGH WATER LINE t t
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. CURVE TABLE
-1 WENSPACE EASEMENT AREA
DENOTES
AREA = 0.483 ACRES
BENCHMARK: an OF OCUNSIDE BENCHMARK c-IS CHISLED SQUARE ON TOP OF cum a'+/- WESTERLY OF THE WEST END OF THE NORTH *ST CURE RETURN OF WSTA WAY L HILL ST 1984 ADJUSTED ELEV. = 40.697 FEET ABOVE M
COURSE TABLE
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Right-of-way Engineerin Services, Inc. CIM OF CARLSBA Cld Enqinoublq LanBSurnrrn 2103 El Camino Rd yta. 2W bcmsida ZA 92054 (619 7S7-4443 DATE: 4/26/91 I SHEE
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Public Resources Code Section 30106
"Development" means, on land, in or under water, the placement or erection of any solid material or
material or of any gaseous, liquid, solid, or thermal
waste; grading, removing, dredging. mining, or
extraction of any materials; change in the density or
intensity of use of land, including, but not limited
to, subdivision pursuant to the Subdivision Map Act
(comnencing with Section 66410 of the Government
Code), and any other division of land, including lot
splits, except where the land division is brought about in connection with the purchase of such land by
a public agency for public recreational use; change in
the intensity of use of water, or of access thereto;
construction, reconstruction, demolition, or alteration of the size of any structure, including any
facility of any private, public, or municipal utility;
and the removal or harvesting of major vegetation
other than for agricultural purposes, kelp harvesting,
and timber operations which are in accordance with a
provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (comnencing with Section 4511).
As used in this section, astructure* includes, but is not limited to, any building, road, pipe, flume,
conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
structure; discharge or disposal of any dredged
timber harvesting plan submitted pursuant to the
EXHIBIT D
PERHIT
PUBLIC RESOURCES CODE SECTION 30106
L W e
Recording Requested by and When Recorded Hail to:
California Coastal Comnission
631 Howard Street, Fourth Floor San Francisco, California 94105
EXHIBIT E PERHIT NO,
Acceptance Certificate Pageone (lJof-0
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Off€
to Dedicate dated , executed by
and recorded on
as Instrument Number is hereby accepted by
, a public agency/privatc
association on 8 pursuant to authority conferred t
resolution of the adopted on
, and the grantee consents to recordation thereof by its duly authorized
officer.
By :
Dated : For:
STATE OF CALIFORNIA 1
COUNTY OF 1 15s
On this day of , in the year 19-, before me, , a Notary Public,
personally appeared , personally known me, or proved to me on the basis of satisfactory evidence, to be the perso
who executed this instrument as Of
and acknowledged to me that the executed it.
HOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE
& m 0
* ACKNOWLEDGEMENT BY THE CALIFORNIA COASTAL COHHISSION
OF ACCEPTANCE OF OFFER TO DEDICATE
This is to certify that
is a public aqency/private association acceptable to the Executive Oirecta
of the the California Coastal Commission to be Grantee under the Offer to
Dedicate executed by On
, and recorded on , in the
off ice of the County Recorder of County as
Instrument Number
Dated :
California Coastal Commission