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HomeMy WebLinkAboutCDP 99-32; Jensen Single Family Residence; Coastal Development Permit (CDP) (5)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C [~~| Administrative Permit - 2nd Dwelling Unit Q Administrative Variance "Vj Coastal Development Permit I | Conditional Use Permit I I Condominium Permit I I Environmental Impact Assessment I | General Plan Amendment I | Hillside Development Permit Q Local Coastal Plan Amendment Q Master Plan [~1 Non-Residential Planned Development |~] Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) COP qq-aa I | Planned Industrial Permit Q Planning Commission Determination Q Precise Development Plan Q Redevelopment Permit [~~j Site Development Plan [~] Special Use Permit I | Specific Plan Q Tentative Parcel Mop Obtain from Engineering Department |~| Tentative Tract Map Q Variance f~l Zone Change Q List other applications not specified (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 210-120-30 Jensen Single Family Residence Construct a single family residence 5) OWNER NAME (Print or Type) JON A. JENSEN MAILING ADDRESS 451 S. ESCONDIDO BOULEVARD CITY AND STATE ZIP ESCONDIDO, CA 92025 1 CERT/1 Y THAT 1 AM THE LEGAL OWNER AND INFORMATION IS rtRUE AND CORRECT TOKNOWL ;DGE. \\ 1 /f] \\ ^->Jx ((/ ^M^Jh^ SIGN^ TURE /^} 7) BRIEF LESAVDESCRIPTION TELEPHONE (760) 743-7966/- THAT ALL THE ABOVE THE BEST OF RflY 7-14-99 DATE i> 6) APPLICANT NAME (Print or Type) JON A. JENSEN MAILING ADDRESS 451 S. ESCONDIDO BOULEVARD CITY AND STATE ZIP -N ESCONDIDO, CA 92025 TELEPHONE (760) 743-7966 1 CERTIFY TNAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWVJER AND WHAT ALL THE ABOVE INFORMATION IS TRUE AND COIIRECT TO mE BEST OF MY KNOWLEDGE. ^^((qX_ 7-14-99 XltiNATURE/1 Lot 3 of M/p 1/236 ^ DATE 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 8)LOCATION OF PROJECT: ON THE 5319 Carlsbad Boulevard, Carload, CA West STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) BETWEEN Cerezo AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 1 0) PROPOSED NUMBER OF LOTS 22 1 3) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) 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 Carlsbad Boulevard (NAME OF STREET) Shore Drive (NAME OF STREET) 12) 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 CHS, PLANNING! rO INSPECT AND INTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT HO ENTRY FOR Th SIGNATURE COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS S PURPOSE\ j|yuFOR CIp/USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TO DA TAL FEE REQUIRED ^TE FEE PAID RECEIVED JUL 151999 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO. Form 1 6 PAGE 2 OF 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: JON A. JENSEN APPLICANT NAME: JON A. JENSEN 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. Description/Explanation: The proposed project consists of the construction of a single family residence and driveways, stairs, walkways, planters, and walls needed for the family residence. Prior applications have been submitted for this property which have all been approved and have been completed. The prior applications consist of SUP 96-07/CDP 96-05/HDP 97-03 which allowed for the construction of beach access, and CDP 98-5/ Minor Subdivision 98-01 which consisted of a parcel map. Pursuant to the prior applications, the beach stairs have been constructed, and final map 18236 has been recorded. Also submitted as part of the prior applications were geology reports, and drainage reports. In addition, the drainage improvements for this lot as well as all of the lots in the final parcel map were completed. Further, the above applications resulted in a substantial amount of effort and planning regarding all of the anticipated issues that would need to be resolved prior to building a single family residence on the lots within the final map. In this regard, the owner also entered into all required agreements during these prior applications which include recorded agreements establishing a rear yard setback, drainage easements, covenants regarding drainage and acceptable improvements within the rear yard setback area, street and other off site improvements, and hold harmless agreements for drainage, and geological failure. Please see the submittal of the preliminary title report for additional information regarding these development agreements. Also, please note that the owner has also previously executed a public facilities fee agreement. Project Description 10/96 Page 1 of 1 • SUPPLEMENTAL APPLICATION FORM FOR ALL COASTAL DEVELOPMENT PERMITS * APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (AppDcation chectiistforNoi+Single Family Regular Coastal DevekjpmentF^nnitscov&^und^ 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: . 5477 square feet x $78.00/sq. ft. = $ 427,206.00 => Residential Addition Square Footage: square feet x $94.00/sq. ft. = $ N/A Any Garage Square Footage: 738 square feet x $22.00/sq. ft. = $ 16,236.00 Residential Conversion Square Footage: N/A square feet x $26.00/sq. ft. = $ N/A => For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.007 sq. ft.; Manufacturing/Warehouse @ $24.00/sq. ft.: N/A square feet x $ /sq. ft. = $ N/A COST OF DEVELOPMENT ESTIMATE: $ 443,442.00 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) Form 15 10/97 Page 1 of 8 C. Street address of proposed development 5319 Carlsbad Boulevard, Carlsbad, California D. Assessor's Parcel Number of proposed development 210-120-30 E. Development Description: 1. Briefly describe project: construction of a single family residence F. 2. Estimated cost of development: $443,442.00 Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: fgorth: vacant land R-l South:. East: vacant land 0-S single family homes R-l West:ocean 0-S G. Is project located within a 100 year flood plain? PRESENT USE OF PROPERTY A. Are there existing structures on the property? If yes, please describe. Yes No Yes No B. Will any existing structure be removed/demolished?Yes No 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) Form 15 10/97 Existing _0 sq. ft. 0 sq. ft. _0 sq. ft. total lot Sq. ft. New Proposed Total 3169 sq. ft. 3169 sq. ft. 5660 sq. ft. 5660 sq ft 4778 sq. ft. 4778 sq. ft. 12,090^sq. ft. due to tidal activity 12,090 sq. ft. Page 2 of 8 B. Parking: Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: N/A Number of total spaces required N/A Number of covered spaces 3 Number of uncovered spaces Number of standard spaces N/A Number of compact spaces N/A Is tandem parking existing? Q Yes # [x] No Is tandem parking proposed? Q Yes # [x] No C. Grade Alteration: Is any grading proposed? [x] Yes Q No If yes, please complete the following: 1. 2. 3. 4. 5. 6. Amount of cut 90 Amount of fill 690 Maximum heiaht Of fill Slope restraining walls Maximum heiqht of cut slope will be used Amount of import or export 600 Location of borrow or disposal site unknown cu. yds. cu. yds. feet feet cu. yds. Form 15 10/97 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Jon A- Jensen Title _ 451 S. Escondido Boulevard Address Escondido, CA 92025 Corp/Part Title Address 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 Jon A- Title _ 451 S. Escondido Boulevard Address Escondido. CA 92025 _ Corp/Part Title Address 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894 5;mi5NON-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/TrustNon 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? QYes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. 1/eTrtify that all the above information is true and correct/to trie best of my. knowledge. c Siwiature or owner/date •N A. JENSEN Signature of admicant/date JON A. JENSEN 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 PAI.OMA CIVIL ENGINEERING CONSULTANTS 5858 MT. ALIFAN. SUITE 235, SAN DIEGO. CA 92111 TELEPHONE (619) 571-6271 01/29/2002 11:08 760-743-3793 ~~ *, PLEASK COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: ' JON A. JESSEN AND WHEN RECORDED MAIL TO: '! JON A. JENSEN451 s. ESCONDIDO BLVD. " ESCONDIDO, CA 92025 JENSEN AND ASSOC PAGE 02 6223 DOC * 2000-0346365 JUN 30. 20OO 8^3.3 DFFICM. RECORDS 9W mm COKTY RECORDER'S OFFICE GREG9W J. SMHH. COOT f£Q*!ft FEES: 0.00 THIS SPACE FOKM jjUtEVQCA|LE OFFER TO DEDICATE LATERAL BEACH ACCESS EASEMENT (Please fill to document tide(j) on the tois tine) AND DECLARATION OF RESTRICTIONS THIS PAGF ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDfNG INFORMATION recording fee applies) 81/29/2882 11:08 760-743-3793 JENSEN AND 6SSDC PAGE 03 1 2 3 4 5 6 7 8 9 90 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 II WHEREAS, the Property subject to this Offer is located wfthin 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 -; OrMRREVOCABLE_OFFERQS1400.*p4 1 01/29/2802 11:08 760-743-3793 JENSEN AND ASSOC PAGE 84 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 below, 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: ? 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 local 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 focal law, municipal code and or ordinance. F\DATAUAJUEAC«IOTMK*EVOCABl.E 81/29/28B2 11:88 76B-743-3793 JENSEN OND 4SSOC P«3E 85 $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 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 faw or code, Following the Offer and or the acceptance of this Offer by recording. Grantor shall not be bound to undertake any supervision or maintenance to provide for the purpose or offer to grant, hereunder. Prior to accepting the Offer, the Grantee, shall comply with all provisions of State Law and the Grantor and Grantee may, 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 access is effectuated. 4. DURATION. ACCEPTANCE AND TRANSFERAB1LITY. This irrevocable offer of dedication shall be binding upon the owner and the heirs, assigns, or successors In interest to the Property described herein for a period of 21 years from the effective date of this agreement and if not accepted within the time period as set forth above, shall automatically terminate and have no further force or affect. This offer may be accepted by the Grantee as set forth and defined herein and shall be subject to a limited right of assignment as set forth herein below The Offer, as set forth and provided for herein, shall be accepted only by the recording by the Grantee of art acceptance of this Offer in the form attached hereto as EXHIBIT "C" Upon proper recording of the acceptance by the designated Grantee, this offer and its terms, conditions, and restrictions shall be effective as a grant of a nonexclusive lateral beach access easement, for humans, in gross and in perpetuity that shall run with the land 01/29/2002 11:08 760-743-3793 JENSEN AND ASSOC PAGE 06 622? and be binding on the heirs, assigns, and successors of the Grantor as provided for herein. 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 terms10 II 12 13 H 15 16 17 19 20 21 22 23 24 25 26 27 28 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 property. 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-VOATAVJAJWEACHI r 01/29/2082 11:08 766-743-3793 JENSEN AND ASSOC PAGE 87 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /J day . 2000. PROPERTY OWNERS: Parcel No. 210-120-33 Parcel No. 210-120-32 Parcel No. 21 0-120^4 Dean A,Xj6etz (Ci-Trustee Of the Dean A. Goetz and Barbara J. Goetz Trust UTD September 21, 1989 nsen (Of ffle Jensen F«$iily Trust July 4,1992 Barbara J. Gfiftz Co- Of the Dean A. Goetz and Barbara J Goetz Trust UTD September 21,1989 Carol L. Jensen £b-Trustee Of the Jensen Family Trust UTD My 4, 1992 F:\OATAUAJWEACHIOT\iRREVOCA8LE_OFFER06HOO.wtXj 01/29/2082 11:08 760-743-3793 JENSEN AND ASSOC PAGE 86 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 6229 to. MO' a*Btgggp^-a«M^Biga*M^-'ii"fc-5aaaaM State of County of On before me,M-P«6(.c NAME. JITU OF orf teen' E.G.. MAM oofc «OTAB» pua«r personally appeared D nwwcoi v*- wuncniaj personally known to me - OR -j^proved to me on the basis of satisfactory evidence to be the person^ whose namep^ is/£<e subscribed to the within instrument and ac- knowledged to me that p^/she/t$$ executed the same in h^/her/tp\ir authorized capacity(tj^), and that by h)$/her/tXlr signature($r) on the instrument the person^, or the entity upon behalf of which the OFFICIAL SEAL I persontVl acted, executed the instrument. .KATHLEENM. HARPQLO ' ^ „ , .. WITNESS my hand and official seal. toYCOMM.EXP.FEB.Zl.""'" • ' SIGNATURE QF flOTARY OPTIONAL lhe data below is not required by law. it may prove valuable to persons relying on the document and could prevent m Q! this form. ED BY SIGNER LJ INDIVIDUAL D CORPORATE OFFICER D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FAC: D TRUSTEE(S) D GUARDIAN/CONSERVATOR Q OTHER; DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT . NUMBER OF PAGES DATE OF DOSUMENT SIGNER IS REPRESENTING:NAME Of PERSONS) 0« em. rv(«si SIGNER(S) OTHER THAN NAMED ABOVI^x 01993 NATIONAL NOTAflY ASSOCIATION • «M ftemnwi Av... P0. 801 718*-Canoga PwH. 01/29/2002 11:08 7E0-743-3793 JENSEN AND ASSOC PAGE 09 CALD7ORN1A ALL PURPOSE ACKNOWLEDGMENT State County of 6230 30. 2600 before~rae,^/SA personally appeared Ufr~) /4. v NAME, TITLE OF OFFICE* • E.O. '1ANE DOr NOTARY PUBLIC NAMEOPSX/NEMS) known to me - OR- n proved to me on the basis of satisfactory evidence to be the person^*) whose name£) is/jge subscribed to the within instrument and acknowledged to me that he/ubuAiuj executed the same in his/liuWAair authorized capacity^), and that by his/hti/tliirfr signature^ on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. OPTIONAL Though Ihc d*U Mow ><• nai required by It*, it <n»y prove valuable 10 penont relying on the document and could prevent fraudulent rcatlKhmcni nf this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT n INDIVIDUAL O CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES O PARTNERS)O LIMITED D GENERAL DATE OF DOCUMENT n ATTORNEY.tN-tACT O TRUSTEE(S) Q GUARDIAN/CONSERVATOR D OTHER _ ' StGNER(S) OTHER THAN NAMED SIGNER IS REPRESENTING: H4ME OP KKSOtfcS) 01 KfTirr '(E5) 01/29/2002 11:08 760-743-3793 JENSEN AND ASSDC PAGE 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of . County of 6231 Oil* personally J^ersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(sj ' whose name(s)W»re_subscribed to the within Instrument and acknowledged to me that h/rfsM/ttyy, executed the same frbfe/hjy/ttejr authorised capacHyfjep, and that by fugfoeV/their signatures) on the Instrument the persons}, • or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. OPTIONAL Though tfw infomarfon /wtew if not nquStrt ty i»w, It m»y prw» f*lu«We to pinom relying on tt* document ina coukt prevent tnuduitnt romoraland teanachmoM olthis form to anotbor document Description of Attached Document Title or Type of Document: ^ . Document Date'.Number of Pages;. Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signers) Signer's Name: , n Individual O Corporate Officer Ti«e<8): C Partner — I i Limited D General Cj Attomey-in-Fact D Trustee D Guardian or Conservator CJ Other: Signer Is Representing; Signer's Name:. D Individual n Corporate Officer Tltle{s): D Partner — D Limited C3 General u Attomey-in-Fact n Trustee m D Guardian or Conservator D Other; Top ol ! Signer Is Representing: OiM4N»e<iaiNotiry««acK«iirr- 1:')e»«miFM)A>», P.O Be. 7IM "too. Mo MO? 01/29/2802 11:08 760-743-3793 JENSEN AND ASSDC PAGE 11 EXHIBIT "A" PARCELS 1,2 & 3 OF PARCEL MAP NO. 18236, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DECK) COUNTY APRIL 13,1999, AS FILE NO. 1999-0247276, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 021»-EXA.U)L 01/29/2002 11=08 768-743-3793 JENSEN AND ASSDC PAGE 12 EXHIBIT "B" SHEET 1 BEING THAT PORTION OF PARCELS 1.2 & 3 OF PARCEL MAP NO. 18236, FILED IN THEOFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 13,1999, AS FILENO. 1999-0247276, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OFCALIFORNIA, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH59°2i'i<r EAST, 154.68 FEET FROM THE.SOUTHWEST CORNER THEREOF; THENCE, LEAVING SAfO SOUTHERLY LINE, NORTH 30"4i'34" WEST, 87.79 FEET; THENCE SOUTH tS^llS" WEST, 51/74 FEET; THENCE NORTH 47ft51'34<> WEST, 111.80 FEET TO A POINT ON THE NOTHERLY LINE OF SAID PARCEL 1, BEING NORTH 59C21'10" EAST, 124.74 FEET FROM THE NORTHWEST CORNER THEREOF. EXCEPTING ANY PORTION LYING WESTERLY OF THE MEAN HIGH TIDE LINE, THE MEAN HIGH TIDE WHICH IS UNDERSTOOD TO BE AMBULATORY FROM DAY TO DAY. Q219-EXBI.CL EXHIBIT "B" (SHEET 2) BEACH ACCESS EASEMENT SCALE: 1"=40' . ^^ I ' v\\\ \: DGB SURVEY Jc MAPPING *» I KM*, <*•!•'!(•MMi-iMi ra 01/29/2002 11:08 760-743-3793 JENSEN AND ASSOC PAGE 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Recording Requested by When Recorded Mail to EXHIBIT C gp^ and Acceptance Certificate CERTIFICATE OF ACCEPTANCE This is to certify that the Offer to Dedicate Lateral Beach Access Easement and Declaration of Restrictions dated Number Dated: . and recorded on _ .as Instrument is hereby accepted by the grantee or allowable assignee described as who consents to recordation thereof by its duty authorized officer. Bv: For. STATE OF CALIFORNIA ) ) 88. COUNTY OF J On this dav of tn the vear2000, before me. . a Notarv Public, oersonatly appeared . oersonallv known to me. or Droved to me on the basis of satisfactory evidence, to be the person(s) who executed this instrument as of end acknowledaed to me that The executed it. . >_ NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE lUlQffftU**** 6