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HomeMy WebLinkAboutCDP 01-11; Frye Residence; Coastal Development Permit (CDP)NAR-07-2001 WED 02H7 PH CITY OF CARLSBAD FAX NO, 760J02 8559 P, 01 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 11 APPLICATIONS APPLIED FOR: (CHECKBOXES) (FOR DEPARTMENT USE ONLY) Administrative Permit • 2nd Dwelling Unit | ) Administrative Variance |2S Coastal Development Permit | Conditional Use Permit L_J Condominium Permit | 1 Environmental Impact Assessment [ j General Plan Amendment 1 1 Hillside Development Permit L Local Coastal Plan Amendment LJ Master Plan 1 ( Non-Residentiel Planned Development Planned Development Permit COP oi-ll 1 j Planned Industrial Permit 1 ) Planning Commission Determination D Dn D D Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tontotivc Pofocl Map Obtain from Engineering Department LJ Tentative Tract Map 1 j Variance 1 1 Zone Change 1 j List other applications not specified IFOR DEPARTMENT ^USE ONLY) t 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME:Vr^BRIEF DESCRIPTION OF PROJECT:Srr/vflig. -*-cyw\a< 5) OWNER NAME (Print or Type) C.Vvr^'To^er ^-Vrye MAILING ADDRESS ^Sia, Oc«?cxk\ ^buWvrJl CITY AND STATE ZIP TELEPHONE c**^ swv nxr( CA qafiL-r <M**-?*I 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. , C.£. 1^,- yra»/ SIGNATURE D~XT^ 6) APPLICANT NAME (Print or Type) SK«x -r. ASK MAILING ADDRESS ^4 Co.iv»eo Cr^si CITY AND STATE _ ZIP TELEPHONE U^U^WK MW Cl\ qM-rr W w~mi 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE B6ST OF MY KNOWLEDGE. <3^7 d^ ?- •?-«? SIGNATURE DATE vWce,\ ^) or fiafce\ /Wa 1533^ (.! r g\7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 MAR-07-2001 WED 02:17 PH CITY OF CARLSBAD f 8) LOCATION OF PROJECT: ON THE BETWEEN \JesV (NORTH, SOUTH, EAST. WEST! FAX NO, 760 602 8559 STREET ADDRESS SIDE OF | Cxr\S Wk P, 02 (NAME OF STREET) AND 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) (NAME OF STREETI 1 2) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED COP >TAL FEE REQUIRED CDPoi-ou RECEIVED MAR 08 2001 CITY OF CARLSBAD DATE RECEIVED BY: DATE FEE PAID RECEIPT NO, Form 16 PAGE 2 OF 2 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: ASH STEVE Description Amount CDP01011 815.00 3418 03/08/01 0002 01 02 Receipt Number: R0018821 CGP 815'°° Transaction Date: 03/08/2001 Pay Type . Method Description Amount Payment Check 1107 815.00 Transaction Amount: 815.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Receipt <\tfpl leant: ASH STEVE Description CDP01011 Amount 8374 05/31/02 0002 01 02 COP 29-58 29.58 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0027635 Transaction Date: 05/31/2002 Pay Type Method Description Amount Payment Check 1577 29.58 Transaction Amount: 29.58 4 SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS 4 APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). => New Residential Square Footage: square feet x $78.00/sq. ft. = $ Residential Addition Square Footage: square feet x $94.00/sq. ft. = $_ Any Garage Square Footage: square feet x $22.00/sq. ft. = $_ => Residential Conversion Square Footage: square feet x $26.00/sq. ft. = $ => For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.: square feet x $ /sq. ft. = $ COST OF DEVELOPMENT ESTIMATE: $ 5J&, W- B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) 2. A Regular Coastal Development Permit ($60,000 or more) \f C. Street address of proposed development Form 15 1/01 Page 1 of 8 D. Assessor's Parcel Number of proposed development E. Development Description: Briefly describe project: F.Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Srfo wvW South: East: West: G. Is project located within a 100 year flood plain? II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? If yes, please describe. Yes Yes No No Yes NoB. Will any existing structure be removed/demolished? If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III. LOT COVERAGE A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existing New Proposed O sq.ft. 3.ni sq.ft. O 0 2S,6\fc i sq. ft. _k sq. ft. _2 > sq.ft. \S Wi> sq. ft. ,aTM sq.ft. r/62c> sq.ft. Total 3,n) sq.ft. l,4HO sq.ft. a,r^ sq.ft. itr,6Zo sq.ft. Form 15 1/01 Page 2 of 8 B. Parking: Number of existing spaces O Number of new spaces proposed 6 Existing/Proposed TOTAL: £> Number of total spaces required 4 Number of covered spaces 3 Number of uncovered spaces 3 Number of standard spaces £ Number of compact spaces (_ Is tandem parking existing? | | Yes # J)s[No Is tandem parking proposed? |AjYes# J | |No C. Grade Alteration: Is any grading proposed? I^Yes |~~] No If yes, please complete the following: f^. <•>. .dBtv 1. 2. 3. 4. 5. 6. Amount of cut "jj ^O Amount of fill 3.O Maximum heiaht of fill slope O Maximum height of cut slope O Amount of import or export '3-AO Location of borrow or disposal site % tae <\e,Ve cu. yds. cu. yds. feet feet cu. yds. x*^ Form 15 1/01 Page 3 of 8 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) T A&K Corp/PartPerson . Title Title Address \H Gx»\eo CresV Address CA OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person C?Kpfr>VoEJv Title er Corp/Part_ Title _ A/A Address />Ur Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-4600 • FAX (76O) 6O2-8559 fcGANON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust A/A Non Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes ! No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signataukof applican^date /U\ Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: £Vyg fre^We , ^^ C»rW»A ^^^^A _ APPLICANT NAME: SK«*. T- Ad as aV & &^e^ ~*> £ \wbfar 1 Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. n • *• IE , *•Description/Explanation: Project Description 10/96 Page 1 of 1 0 • Thvl If I UD t ff 05/01/01 12:40 FAX RECORDED AJ THE ftl CHICAGO TITLE C<RECORDMd REQUESTED BY ;STOF AND WHEN AECORDED MAIL TO.- Christopher J. Frye 7487 DOC tt 2001-0024499 16» 2OO1 3=52 PM dflCIAL RH3RDS SAN DIEGO COMY RECORDER'S OFFICE KBDRY J. SHITH, OUNIY REOKO FEES: 33.00 DC: AfrF 2001-0024499 ... This Line for A.P.N.: 210-120-34 Order No.: 208003515-P01 GRANT DEED ' I Ujc Only EsdfflwnWo,: E37093 THE UNDERSIGNED flSANTORU) DECLARE(i) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY . _ •__ X ] computed on full value of property conveyed, or] computed on full value less value of liens or encumbrances remaining at time of sate, ] unincorporated area; [ X ] City of Carlsbad . and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, Jon A. Jensen, a married man AS HIS SOLE AND SEPARATE PROPERTY hereby GRANT(S) to Christopher J. Frye, a married man as his sole and separata property the following described property in the County of San Diego, State of California;wParcel 3 of City of Carlsbad Minor Subdivision «9-01, in the City of Carlsbad, County of San Diego, State of California according to Parcel Map thereof No. 18236, filed in the Office of the County Recorder of San Diego County on April 13, 1999 Document Datq November 10, 2000 peraonally known to ma tor pfn^ed to mi »~i inn hiii- -' —*'''iul»i> uuiilillll IP to be the pocson(/f whose namo^H is/w*-tabtcribed to thf within instrument and acknowledged to me that he/Btie^tnay executed the same in his»»>ftt»ir authorized capacityOaa^ and that by ,liii.ll ii/llinh alonaturo4at on the instrument the paroanrtf ot the entity upon behalf of which the person!** acted, «xecuted tho Instrument. WITNESS mv hand ^nd^ficial i ««^ Slgnatu This area (or official notarial seal. DONNA Cnmmtelon Notary Ktdc-CoQfamta Scvt Mail Tax Statements to: SAME AS ABOVE 05/01/01 12:40 FAX A f^EXHIBITA 748 PARCEL 3 OF PARCEL MAP NO. 1B23S, CITY OF CARLSBAD MINOR SUBDIVISION 98-01, IN THE CITY OP CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF* THE COONTY RECORDER OP SAN DIEGO COUNTY, APRIL 13, 1999. I 05/01/01 12:40 FAX 7488 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary:. Commission Number; f 2~ I ~) (6. jDate Commission Expires; - j [ ^ /£) County Where Bond is Filed:. Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Signature:. Place of Execution:. Firm Jiapplicable) Date: C. fo'ffi »BtO (Kt</. 7/96) 81/29/2882 11:88 768-743-3793 JENSEN AND ASSOC PAGE 82 PLEASK COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: ' JON A. JEHSEN AND WHEN RECORDED MAJL TO: '! JON A. JENSEN 451 s. ESCONDIDO BLVD. " ESCOKDIDO, CA 92025 \ ^ 6223 DOC * 2000-0346365 JUN 3O. 2OOO 8*3.3 OFFICJA RECORDS 9W DIEGO COHTY RECORDER'S OFFICE J. SOTH. Olim REDWER 0.00 TJHS SPACE FOX XI j&REVQCABL£ OFFER TO DEDICATE IATBRAL BBACa ACCESS EASEMENT (Please fill ifi document tit]e(s) on the tiiis: line) AND DICLARATION OF RESTRICTIONS .1 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Form /P^J (7/J/91) 01/29/2882 11:88 7B8-743-3793 JENSEN AND ASSOC PAGE 03 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECORDING REQUESTED BY AND RETURN TO: IRREVOCABLE OFFER TO DEDICATE LATERAL BEACH ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS THIS IRREVOCABLE OFFER TO DEDICATE A LATERAL BEACH ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS (hereinafter referred to as the "Offer") is made this 15 day of June, 2000, by Jon A. Jensen, an individual and owner of parcel number 210 -120 - 34; and Jon A. Jensen and Carol L. Jensen, Co-Trustees of the Jensen Family Trust UTD July 4,1992. and owner of parcel number 210 -120 - 32; and Dean A. Goetz and Barbara J, Goetz, Co-Trustees of the Dean A. Goetz and Barbara J. Goetz Trust UTD September 21,1989 and owner of parcel number 210-120-33; (hereinafter all collectively referred to as the "Grantor" or "Grantors"). I. WHEREAS, Grantors are the legal owner of three separate fee interests of certain real property as set forth herein located in the, City of Carlsbad, County of San Diego, State of California, and described in the attached EXHIBIT "A" (hereinafter referred to as the "Property"); and U WHEREAS, the Property subject to this Offer is located within the coastal zone as defined in §30103 of the California Public Resources Code (also known as and referred to as the "California Coastal Act of 1976"); III. WHEREAS, the California Coastal Act of 1976 creates the California Coastal Commission (also known as and referred to as the "Commission") and IV. WHEREAS, the Grantors, as herein set forth, desire to provide an Offer for a lateral beach access easement and declaration of restrictions. NOW THEREFORE, and in and for the consideration as set forth herein and F:\DATAVJAJ\BEACi-i OiMRREv/OCABLe_OFFER«81400.»,p<J 1 01/29/2002 11:08 760-743-3793 JENSEN AND ASSDC PAGE 04 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6225 acknowledged by the Grantor, Grantor hereby irrevocably offers to dedicate to Grantee, a non exclusive lateral beach access easement and declaration of restrictions in gross and in perpetuity as provided for beiow. over and across the Property set forth in Exhibit "A" as follows: 1. DESCRIPTION. The description of the property and the easement location on the property shall be as follows: 3 The legal description of the Property where the easement shall be located is identified and described in Exhibit "A" of this offer b The legal description of the Offered Easement and Declaration of Restriction shall be limited to a specific area on, over, and across a portion of the Property which portion is identified and described on sheet number 1 of Exhibit "B". c A general illustration of the easement offered to be granted is set forth on sheet number 2 of Exhibit "B". d. Should any differences or conflicts arise between the legal description set forth on sheet number 1 of Exhibit "B" and the illustration shown on sheet number 2 of Exhibit "B", the legal description set forth in sheet number 1 of Exhibit "B" shall control. 2, PURPOSE AND OFFER TO GRANT. The easement and declaration of restrictions as offered and provided for herein is for the limited purpose of allowing human pedestrian lateral beach access and passive recreational use within the easement area subject to and pursuant to the Laws of the State of California, including but not limited to §846 of the California Civil Code, and further subject to the rights retained herein, including but not limited to, any prior grants and or all prior governmental actions, permits, or permitted uses, conditions and covenants on or relating to the property. The offer is further subject to and pursuant to all state and local laws including any focal ordinances and municipal codes and the right of the City of Carlsbad, and the State of California to limit and or restrict the time, place, and manner or allowable use of the easement in order to promote and or protect the health, welfare and safety or to enforce any state or local law, municipal code and or ordinance. F-\DATAUAJ«EAC 01/29/2002 11:08 768-743-3793 JENSEN AND ASSOC PAGE 05 $226 3. DECLARATION OF RESTRICTIONS. This offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the Offer, to interfere with any rights of access previously acquired, if any, which may exist on the Property, nor shall such Offer of dedication be used or construed to allow anyone, prior to acceptance of the Offer, to have or acquire any such rights. After acceptance, and except as provided for herein, Grantor shall not materially interfere with the allowable, legal, and reasonable use of the easement. Notwithstanding the above, each Grantor shall retain alt normal rights and incidents of ownership of their respective underlying fee interest in their respective Property as provided for herein or which is protected pursuant to any state or local law and nothing included herein 10 I) shall restrict, limit, or be allowed to affect Grantor's rights pursuant to §30235 of the Public Resources Code or any other similar or applicable law or code, Following the Offer and or the 12 || acceptance of this Offer by recording. Grantor shall not be bound to undertake any supervision 13 U or maintenance to provide for the purpose or offer to grant, hereunder. Prior to accepting the 14 | Offer, the Grantee, shall comply with all provisions of State Law and the Grantor and Grantee 15 II roay, in consultation with each other, agree to and record additional reasonable terms, conditions, and limitations on the use of the Property in order to assure that this Offer for 17 access is effectuated. 18 4. DURATION ACCEPTANCE AND TRANSFERABILITY. This irrevocable \9 offer of dedication shall be binding upon the owner and the heirs, assigns, or successors In 20 interest to the Property described herein for a period of 21 years from the effective date of this 21 agreement and if not accepted within the time period as set forth above, shall automatically 22 terminate and have no further force or affect. This offer may be accepted by the Grantee as 23 set forth and defined herein and shall be subject to a limited right of assignment as set forth 24 herein below The Offer, as set forth and provided for herein, shall be accepted only by the 25 recording by the Grantee of an acceptance of this Offer in the form attached hereto as 26 EXHIBIT "C" Upon proper recording of the acceptance by the designated Grantee, this offer 27 and its terms, conditions, and restrictions shall be effective as a grant of a nonexclusive lateral 28 beach access easement, for humans, in gross and in perpetuity that shall run with the land 81/29/2002 11:08 760-743-3793 JENSEN AND ASSOC PAGE 06 822 7 and be binding on the heirs, assigns, and successors of the Grantor as provided for herein. 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. REMEDIES. Except for any prior grant approved, or permitted use, or future use pursuant to approval and or as may be allowed by State or local Law, including any ordinance or municipal code, any intentional act, written conveyance, contract, or authorization which uses or would cause to be used or would allow use of the easement contrary to the terms of this Offer and which shall occur following an allowable and legal acceptance and recording of this Offer will be deemed a breach hereof. The Grantor, and any Grantee of this easement, may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Offer and easement and their respective interest in the property. In the event of a breach, any forbearance on the part of any such party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 6. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid all real property taxes and assessments levied or assessed against the Property. It is intended that this irrevocable offer and the use restrictions contained herein shall constitute enforceable restrictions within the meaning of a) Article XIII, §8, of the California Constitution: and b) §402 1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Offer, easement and restrictions shall be deemed to constitute a servitude upon and burden to the Property within the meaning of §3712(d) of the California Revenue and Taxation Code, or successor statute, which survives sale of tax-deeded properly. 7. SUCCESSORS AND ASSIGNS. The term Grantor as set forth in this Offer shall be defined as the then current fee owner of a respective parcel. The term Grantee as set forth in this Offer shall be defined as the City of Carlsbad, a municipal corporation or any allowable assignee as provided for herein. Should the Grantee initially named and designated in this Offer determine at any time during the period of the Offer, that such Grantee does not desire to accept the Offer, then the Grantee shall have the right of limited assignment to a successor Grantee described herein. The allowable entities that may be assigned this Offer are limited to the Executive Director of the California Coastal Commission, the State of California, or a F-VOATAUAJWEACHl OT\jRREVOCABi.E_OFFER.O»1400.wpd 4 01/29/2802 11:08 750-743-3793 JENSEN AND ASSOC PAGE 07 •s I 2 3 4 t 6 7 8 9 10 11 12 13 14 15 16 17 18 !9 20 21 22 23 24 25 26 27 28 6228 political subdivision of the State of California. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and a Grantee, as herein above set forth. 8. EXHIBITS. Exhibits "A", "B', and "C" are attached hereto and incorporated herein by reference as though set forth in full. 9. SEVERABILITY. If any provision of this Offer is held to be invalid, or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. IN WITNESS WHEREOF, the undersigned has executed this instrument effective this /o day > 2000. PROPERTY OWNERS: Parcel No. 210-120-33 By: Parcel No, 210-120-32 Parcel No. 2 10- 120-34 Dean A-Xtteu £*-Trustee Of the Dean A. Goetz and Barbara J. Goetz Trust UTD September 21, 1989 Jensen (Of tfte Jensen July 4,1992 Trust Barbara J. Of the Dean A. Goetz and Barbara J Goetz Trust UTD September 21,1989 Carol L. Jensen Co-Trustee Of the Jensen Family Trust UTD July 4, 1992 F:\DATA\JAnBEACH! OTMRREVOCA8LE_OFFER.OeUOO.wpfl 81/29/2002 11:08 760-743-3793 JENSEN AND ASSOC PAGE 08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 6239 State of County of On before me,KAME. TITie OF OTPlCen • C.6., 'JAM DOt »WTARlr POBLKT personally appeared D personally known to me - OR OFFICIAL SEAL I KATHLEEN M. HARPOLO iMOTARr PUBC proved to me on the basis of satisfactory evidence to be the personftf whose namejft} is/^<e subscribed to the within instrument and ac- knowledged to me that b^/she/th^ executed the same in h^/her/tj^ir authorized capacity(^), and that by h^/her/t><ir signature^ on the instrument the persdnfa}, or the entity upon behalf of which the person^ acted, executed the instrument. COMM.N0.12HJ77 SAN OtEOO COUNTYMY coM^FSiw I WITNESS my hand and official seal. .,.» f • •. . > SKSNATUAC OF NOTARY OPTIONAL Uhe data below is riot required by law, it may prove valuable to persons relying on the document and could prevent frauduleffrf«4ttachment of this form. DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFWCEfl TITLi OR TYPE Of DOCUMENT U D PARTNERS) D UMITEO D GENERAL D ATTORNEY-IN-FAC! D TRUSTEE(S) D GUARDIAN/CONSERVATOR O OTHER; ..._. SIGNER IS REPRESENTING:NAME Of PERSON(S) 0« tm • rv(t«;s) SIGNEB(S) OTHER THAN NAMED ABOVt aaa 91993 NATIONAL NOTAfly ASSOCIATION • «M ftemm.i Av,.. Po. 8017ie« • Caro^a P»(K. 01/29/2002 11:08 7S0-743-3793 JENSEN AND ASSOC PAGE 09 CALD7ORNIA ALL PURPOSE ACKNOWLEDGMENT State of_ County of. 6230 before ™ S//SA. A KAME. TTTtE OF OFFICE* • **> 'IANE Dor NOTARY PUBLIC' personally appeared NAMEOPJK/Nfc«» sonally known to me - OR- D proved to me on the basis of satisfactory evidence to be the person^*) whose narne^) is/jige subscribed to the within instrument and acknowledged to me that he/ubttfriiiy executed the same in his/hwAJwff authorized capacity (^«), and that by his/hei/Uiirii1 signature^ on the instrument the personf$, or the entity upon behalf of which the person(^ acted, executed the instrument. OPTIONAL Though ihc d«U below is noi required by l«w. rt miy prove valuable 10 petwns relying on ihe documem and could prevent fraudulent rcaliachmcm of (his form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT n INDIVIDUAL O CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) O PARTNER(S) O LIMITED D GENERAL 0 ATTORNEY-tN-rACT O TRUSTEE(S) O GUARDIAN/CONSERVATOR O OTHER •_ SIGNER IS REPRESENTING: NUMBER OP PAGES DATE OF DOCUMENT StGNER(S) OTHER THAN NAMED 81/29/2002 11:08 760-743-3793 JENSEN AND ASSQC PAGE 10 CALIFORNIA AP.L.PURPOSC ACKNOWLEDGMENT State of 6231 County of On baforsms ft. kolfc ?.personally J3«erson«Jly known to me - OR - D proved to me on the basis of satisfactory evidence to be the per*on(sj ' whose name(s) Irfaresubscribed to the within Instrument and acknowledged to me that rvrfsmi/thejf executed the same iFftfe/hof/their authorized capacityQgsJ, and that by hjrtieVAheir signature(slon the Instrument the penaonfsj, •• or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. OPTIONAL Though tf»« infomarfon boh* it nm nqidnd Oyiaw.lt miy pw» f*fc/aW* » p»»roos ntying on the Oeeutnem ana eotM prevent tmudultrt rvmoval and r«aiuohfner>i of this form to another dbcv/ner* Description of Attached Document Title or Type of Document: - , Document Date1 .... Number of Pages;. Signer(s) Other Than Named Above: _ Capaclty(ies) Claimed by Slgner(s) Signer's Name: n Individual D Corporate Officer Title(6): C Partner — I i Limited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing; Signer's Name:. Q Individual D Corporate Officer Title<6): D Partner — D Limited G General LJ Attomey-irvFact n Trustee O Guardian or Conservator U Other; _^ T°P °'!humB •*" Signer Is Representing: e 1M4 Nnional rwury tuocMtf • V K "mm* A-» . P.O Bo. 7IM « COVQt P»*. pi »1MS ?1M Prwj. No. M07 01/29/2002 11:08 760-743-3793 JENSEN AND ASSOC PAGE 11 EXHIBIT "A" PARCELS 1,2 & 3 OF PARCEL MA? NO. 18236, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 13,1999, AS FILE NO. 1999-0247276, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 0214-EXA.LGL 01/29/2882 " 88 7GB-743-3793 JENSEN AND ASSOC PAGE 12 6233 EXHIBIT "B" SHEET I BEING THAT PORTION OF PARCELS 1,2 & 3 OF PARCEL MAP NO. 18236, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 13,1999, AS FILE NO- 1999-0247276, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 59C2I'I0" EAST, 154.68 FEET FROM THE.SOUTHWEST CORNER THEREOF; THENCE, LEAVING SAID SOUTHERLY LINE, NORTH 30°41'34" WEST, 87.79 FEET; THENCE SOUTH 65°2335" WEST, St.74 FEET; THENCE NORTH 47451'34" WEST, 111.80 FEET TO A POINT ON THE MOTHERLY LINE OF SAID PARCEL 1, BEING NORTH 59'21'lO" EAST, 124.74 FEET FROM THE NORTHWEST CORNER THEREOF. EXCEPTING ANY PORTION LYING WESTERLY OF THE MEAN HIGH TIDE LINE, THE MEAN HIGH ODE WHICH IS UNDERSTOOD TO BE AMBULATORY FROM DAY TO DAY. 0219-EXB I.CI EXHIBIT "B" (SHEET 2) BEACH ACCESS EASEMENT SCALE: J"=40' DGB SURVEY t MAPPING Titn*. «•!• »Kta. Ok. •MM 81/29/2002 11:08 760-743-3793 JENSEN AND ASSOC PAGE 14 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Recording Requested by and When Recorded Mail to EXHIBIT C gpg Acceptance Certificate CERTIFICATE OF ACCEPTANCE This is to certify that the Offer to Restrictions dated Dedicate Lateral Beach Access Easement and Declaration of . and recorded on _ .as Instrument Number is hereby accepted by the grantee or allowable assignee described as who Dated: STATE OF CALIFORNIA COUNTY OF On this dav of consents to recordation thereof by its duly authorized officer. Bv: For: ) 8$. In the year2000. before me. . a Notary Public, oersonatlv aooeared . oersonallv known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) who executed this instrument as of and acknowledaed to me that the executed it. . >_ NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE F:\QATAVjAj\BEACKOTURREVOCABLej}FFERg014tt.«i{i<i 6