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HomeMy WebLinkAbout; COASTAL CONSERVANCY; 88-266866; Easement0 c-a $8 @8!6 i "f-0 6 8 8 6 6 , . . .: .' y; ip; 4u $& I__ ... . .?. .. ~ . . .- i j.. : .. : r ,. .. , .' : i . ., . : .:.*"L: - .. ,- ,ti ,.+ I*...-, .. .. .. .,<I": ;:.; . ' - a' I ;, f - . . ~. > .- I. Recording Requested by and ~ i. When Recorded Mail To: ;:- 52 ..,L:;T /,::; -5 & {I: City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 1 -,- , ... - . g3: :::: ; .!.' i;- .;; $.i- %.I, . ; . : *' ..*,; : - . ' .- .n ~.. . . . ' .~ > . . . . - .. . . . J'ii - rr.1i i CERTIFICATE OF ACCEPTANCE This is to certify that the City of Carlsbad hereby accepts the Offer to Dedicate for Permit No. 6-85-502 Executed by: Nancy Fay Johnson on December 16 , 19% and recorded on January 25, 1986 As Instrument No. 86-035770 of the Official Records in the Office of the Recorder of San Diego County. May 26, 1988 BY AdT* ATENeIerk L? Dated 4 For The City of Carlsbad STATE OF CALIFORNIA 1 COUNTY OF 1 On May 26, 1988 , before the undersigned, a Notary Public, 155 personally appeared Aletha L. Rautenkranz 9 /X/ personally known to me ! .! pr~ve!! to me an the _hasis nf satisfactcry evidencc to be the person(s) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me that tht corporation/agency executed it. ;*************x************.** * * * * * OFFICIAL SEAL t NOTARY PUBLIC-CALIFOANIA * :**St*****************.***: MY Comm. EKP. sepr. 27. IJ~ * KAREN R. KUNDTZ $ SAN OEGO COUNTY s 2."- Notar Pub1 i in County and State :I.i 1- r" i- o 0 T* Recording Requestecl by ad when Recorded, Mail To: T~ OR~CINAL OF ;'''.' .j ~, ~ -., . 1 .. " t " ' "7. - California Coastal Commission ON"" ; ,i .;: ._ San Francisco, California 94105 Attention: Legal Department i '4 ,J Mail Tax Statants To: Robert Gibson Johnson & Nancy Fay Johnson 611 West Sixth St. , #I3320 Los Angeles, California 90017 , .. .- - ',' / -ax+ ' ' '' ". .@-A ,,/'g)) / 631 Howard Street, 4th 17Loor VEW L. !'/I. > *. Space Above This Line For Recorder's I IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMXNT AND DECLARATION OF RESTAICTIONL ." THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASE MENT AND DECLARATION OF RESTRICTIONS (hereinafter "of fc>r") i made this 16th day of December, 1985, by Nancy Fay Johnso (hereinafter referred to as "Grantor"). WHEREAS, Grantor is the legal owner of a fee interest Of certain real properties located in the County of San Dieg State of California, and described in the attached Exhibit: A (hereinafter referred to as the "Property") ; and WHEREAS, all of the Property is located within t.he coastal zone as defined in Section 30103 of the California Public Resources Code (which code is hereinafter referred to as the "Public Resources Code"); and - 1- W WHEREAS, the California 'Coastal Act of 1976, (hereinafter referred to as the "Act") creates the California Coastal Commission (hereinafter referred to as the "Commission") and requires that any development approved by the Commission must be consistent with the policies of the Act set Eorth in Chapter 3 of Division 20 of the Public Resources Code; and WHEREAS, Pursuant to the Act, Grantor applied to the Commission for a permit to undertake development as defined in the Act within the Coastal zone of San Diego County (hereinafter the "Permit") ; and WHEREAS, a coastal development permit (Permit No. 6-85-502/AB) was granted on November 22, 1985, by the Commis- sion in accordance with the provision of the Staff Recommenda- tion and Findings, Exhibit B, attached hereto and hereby incorporated by reference, subject to the following conditions: 1. Waiver of liability condition to be contained in a Deed Restriction; 2. Said Deed Restriction to be recorded free of all prior liens and encumbrances except tax liens; 3. Lateral public access easement; 4. Updated title report reflecting recordation of items 1, 2, and 3 above.. WHEREAS, the subject property is a parcel located between the first public road and the shoreline; and ,. -2- 0 0 .e WHEREAS, under the policies of Sections 30210 througl 30212 of the California Coastal Act of 1976, public access t the shoreline and along the coast is to be maximized, and ir new development projects located between the first public rc and the shoreline shall be provided; and WHEREAS, the Commission found that but for the imposi of the above condition, the proposed development could not t found consistent with the public access policies of Section 30210 through 30212 of the California Coastal Act of 1976 ar that therefore in the absence of such a condition, a permit not have been granted; WHEREAS, it is intended that this Offer is irrevocabl and shall constitute enforceable restrictions within the mea of Article XIII, Section 8 of the California Constitution an that said Offer, when accepted, shall thereby qualify as an enforceable restriction under the provision of the Californi Revenue and Taxation Code, Section 402.1; NOW THEREFORE, in consideration of the granting of Permit No. 6-85-502/AB to the owner by the Commission, the owner hereby offers to dedicate to the People of California or the Commission's designee an casenwnt in perpetuity for the purposes of public access and passive recreational use along the shoreline located on the subject property from Che toe of the seawall to the mean high tide line and as specifically set forth by attached Exhibit C hereby incorpor by reference. - 3- W e 1. BENEFIT AND BURDEN. This Offer shall run with and burden the Property and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Property from the date of recorda- tion of this document and shall bind the Grantor and all successors and assigns. This Offer shall. benefit the State of California. 2. DECLARATION OF RESTRICTIONS. The Grantor is restricted from interfering with the use by the public of the area subject to the offered easement for public access. This restriction shall be effective from the time of recordation of this Offer and Declaration of Restrictions. 3. ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS. Prior to the opening of the accessway, the Grantee, in consultation with the Grantor, may record additional reasonable terms, conditions, and limitations on the use of the subject property in order to assure that this Offer for public access is effectuated. 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. -4- ,. e e .' 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contai in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary. 6. TERM. This irrevocable offer of dedication shall be binding for a period of 21 years. Upon recordation of an acceptance of this Offer by the Grantee, this Offer and term conditions, and restrictions shall have the effect of a gran of access easement in gross and perpetuity that shall run wi the land and be binding on the parties, heirs, assigns, and successors. The People of the State of California shall acc this offer through the local government in whose jurisdictio the subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission or its successor in interest. Acceptance of the Offer is subject to a covenant whic runs with the land, providing that any offeree to accept the easement may not abandon it but instead offer the easeme.nt t other public agencies or private associations acceptable to the Executive Director of the Commission for the duration of the term of the original Offer to Dedicate. - 5- w 0 44 Executed on this )b I, day of December, 1985, at Los Angeles, California. Dated: December \b: 1985 Signed: qGm;&\y?k60 Nancy Fay Johnson - Owner State of California 1 County of Los Angeles ) ) ss. On this i/c -& day of December, in the year 1985, fi ,A" 3 2. before me, <.-L-.-. n:;,-. f\. -/ @Y&J , a Notary Public, personally appeared dancy Fay Johnson, personally known to me to be the person whose name is subscribed to this instrument, and acknowledged that she executed it. " 0 h. .>.A. LC ~ - fl fl 7y" 7 ~"*.-<x>~.I>l"C .- ..".,' I- ry ()Ji;;il-:l,',1, >;:,a\', - / , / 1 -. -. - ,- .y ,I ,. [:,r I I'/ r: PC71 ir:i: ,,kr, .:. :',. rJolrr I r,tlI.!Llc . C~CIC $3 ' Notary Public in and for Said .'!: j:, ,,:1 ' 10s p.I!C:.?;S r.-,''i;l',' County and State . ., . ., .. . My c:,mm. cyl?if'J: UCC 11, 1:;:s - /"? " .ijlc ..- -6- -. *' e e This is to certify that the Offer to Dedicate set for above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to auth conferred by the California Coastal Commission when it grant Coastal Development Permit NO. 6-85-502/AB on November 22, 1985, and California Coastal Commission consents to recordation therec by its duly authorized officer. Dated: December 3/ , 1985 STATE OF CALIFORNIA ) 1 ss. COUNTY OF SAN FRANCISCO ) On December 31 , 1985 , before me '$& L~~,&'qj7 ]/LC,(. a Notary Public, personally appeared "- , ),/&4 d //& personally known to me to be the person who executed this in ment as the -cy If I c >73 i f /A& ?lit./ TITLE and authorized representative of the California Coastal corn sion and acknowledged to me that the California Coastal' Commission executed it. ~~~~~.~~~~~~.~~:.~~.~~~~~~-~ 0 t- P- 1 c I :'. 1. .; f. ;< 1. Q?ii&4 y? .,I,.. ;fi:,t>.;,, LE9!?!ih*;-1 15. I1ENl!l!9l .?&?;?&?& -. d //!.? ,>;c. fi (:i;,; ti:. .;', SJ!:'.~ ;:I..: 1.:. .,~a Notary Public in and for said L ,,?,<., ;:,I. *a:,; "c"a) i. .v ttf COLIL:~.~~ . , r..::,.; , !&y 8. 13% I SIuH F!:.'.?,:! "i.) !,;.i'j>;lY County and State .-..:?%\T.. - 7- e a All that real property situated in the County of San Diego, State of California, described as follows: Lots 30 and 31 in Block "A" of Hayes Land Company Addition to Carlsbad in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4, 1909. EXCEPTING that portion, if any, of said lots lying below the line of the ordinary high tide of the Pacific Ocean. EXHIUIT "A" j/ I. ;IA'L :-Y ~~llf~~~~lA--~l~~ >I'IOIJAC'S AC,I " " - -."- "" . "" .... rn 0 , .-._ .". " "" . .- - " ". . ''3H',F Uf.\ .-.- - " "". .. . " - - - - - " -. - - - - . . . . . . . " - " .-. . - .. - " " i 'CALIFORNIA COASTAL COh,\/V\ISSION SAN DIEGO COAST DISTRICT 1333 CAMNO DEL RIO SOUTH, SUITE 125 Filed: October 7, 1985 49th Day: November 25, 1985 SAN DIEGO. CA 92108-3520 180th Day: April 6, 1986 (6 19) 297-9740 Staff: AB-SD-C Staff Report: October 30, 1985 Hearing Date: - N_ovember 19-22 , 1985 STAFF REPORT: CONSENT CALENDAR Application No.: 6-85-502 Applicant: Robert Johnson Agent: Mark Oleson Description: Renodei of an existing three-story triplex including enclosul of balcony/patio areas on two floors 0.f the structure and fol dation work, on an oceanfront lot in Carlsbad. Lot Area Building Coverage Pavement Coverage Landscape Coverage Unimproved Area Parking Spaces Zoning Plan Designation Project Density Ht abv fin grade 7,000 sq. ft. 1,778 Sq. ft. (25%) 684 sq. ft. ( 87.1 3,539 sq. ft. (53%) 1,000 Sq. ft. (14%) 4 Res. Res. 10-20 dll/ac 18.6 du/ac 25 feet Site: 2723-2727 Ocean St., Carlsbad, San Diego County. APN 203-14C Substantive File Documents: Certified Carlsbad Local Coastal Program Hello 11 segment ~~ STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby krants a permit for the proposed development, subject the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning the California Environmental Quality Act. 11. Standard Conditions. See attached page. EXHIBIT "B" 0, G-~\-'JI W Pny,r! 2 111. Special Conditions. The permit is subject to the following conditions: -. - .- 1. Lateral Public Access. Prior to transmittal of the permit, .the land- owner shall execute and record a document, in a form and content acceptable to private association approved by the Executive Director an easement for lateral public access and passive recreational use along the shoreline. The document shall provide that the offer of dedication shall not be used or contrued to allow anyone, prior to acceptance of the offer to interfere with any rights of public access acquired through use which may exist on the property. Such easement shall be located along the entire width of the property seaward of the toe of the existing riprap or as generally shown on the attached Exhibit #2. The document shall include legal descriptions of both the applicant's entire parcel(s1 and the easement area. The document shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. the Executive Director, irrevocably offering to dedicate to a public agency or 2. Applicant's Assumption of Risk. Prior to transmittal of the permit, the applicant as landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall provide: (a) that the applicant understands that the site may be subject to extraordi- nary hazard from waves during storms and from erosion and the applicant assumes the liability from such hazards; and (b) that the applicant unconditionally waives any claim of liability on the part of the Commission and its advisors relative to the Commission's approval of the project for any damage due to natural hazards. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. IV. Findings and Declarations. The Commission finds and declares as follows: 1. Project Description. The applicant proposes modifications to an existing three-story triplex structure on an oceanfront lot in Carlsbad. The modificakions include interior reconfiguration of two of the three units however no change in the number of bedrooms is proposed. Since there is no increase in the number of bedroons, representing a possible change in intensity of use, the present on-site parking (one space per unit) is acceptable. The modifications also include the removal of the (westerly) wall of balconies located on the first and second floor of the units. These walls actually enclose the balconies but are clearly part of accessory areas attached to the permanent structure. The wall, as well as the existing pier .. 6"s- 507 0 I'n);r? 3 foundation, will be replaced with a continuous foundation and an irlsulated exterior wall. The interior remodelling is exempt from permit requirements under Section 13253 of the Administrative Regulations; however., the expansion of the living rooms through enclosure of the balcony areas does require Commission review because it presents more than a 10% increas? in enclosed living area and involves alteration of the bluff face. 2. Visual Impacts/Geologic Stability. Policies 7-12 and 7-13 of the Carlsbad LCP Hello I1 Segment address the protection of the coast's scenic amenities. Policy 7-12 requires the application of a "stringline" method for locating new development on parcels located west (seaward) of Ocean Street in northern Carlsbad. The ordinance would not allow new development to encroach further seaward than an imaginary line drawn between the seaward extent of development located on the properties immediately adjacent to the north 2nd south. The restriction is applied independently to enclosed structures and open decks/patios/and other uses accessory to actual living area. In the case of the subject project, the enclosure of the balcony (accessory LCP. The enclosed portions of the residencies on both the north and south side of the subject property already extend further seaward than the alignment of the subject balconies to be enclosed. The applicant has also supplied geotechnical information which indicates that the site will withstand the placement of the proposed continuous footing and the balcony conversion. The Commission therefore finds the project consistent with the policies of the certified LCP. Use) areas will not conflict with Policies 7-12 and 7-13 of the certified 3. Public Access. The policies of the Carlsbad Mello I1 certified Land Use Plan specify that public access be provided where necessary and that all existing access points be identified and appropriately signed. The subject site does not contain any access stairs or paths. Further, adequate access exists approximately 300-feet to the south at Christianson Way. The site does however extend onto the beach below which has extensively and historically been used by the public. Policy 7-3 of the Mello II certified Land Use Plan provides €or the protection and eylirancemenk of lateral public access throughout Carlsbad, and calls for an offer to dedicate that portion of private property located between the base of coastal bluffs and the sea as an appropriate mechanism to insure that access. This policy originated out of Section 30211 of the Act which mandates the pro- tection of existing accessways and corridors by requiring their preservation in conjunction with proposed development. The issuance of the permit here is not to be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the beach seaward of the existing riprap. For this reason, special condition #I, requiring a lateral access easement over the beach area, has been attached to the permit. The commission finds the project, as condi- tioned, consistent with the public access policies of the certified LCP. 4. Local Coastal ProKrnm. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Commission to adopt ani 0 0 -11 'i .- 5 w Page 4 implement a Local Coastal Program for portions of the City of Carlsbad and county islands prior to specific statutory dates. The Commission's permit decision must be adequate to carry out tbe adopted zoning ordinances as required by Section 30510 - 1. and is no longer based on Chapter 3 of the Coastal Act. The Commission-approved Land Use Plan designates this site for High Density Residential development (20-30 dwelling units per acre). The existing triplex, with a density of 18.6 dulac, is consistent with that designation. Further, the enclosure of the balcony areas, as proposed, does not conflict with the visual resource policies of the LCP. Therefore, the Commission finds that the proposed project would be in conformance with the Carlsbad Hello I1 segment LCP. However, because this is an ocean bluff development and because the enclosure of the balconies will represent a seaward expansion of the living area of.the structure, specfal condition 112 has been attached to the permit. The condition requires a deed restriction documenting the applicant's . acknowledgement of the risks inherent in any such project, and releasing the Commission from all liability for any damages which might result from project +mplementation. With this condition, the Commission finds the project in conformance with all policies in the Carlsbad LCP Hello I1 Segment, as mandated by special legislation. STANDARD CONDITIONS : 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. 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. S. Inspections. The Commission staff shall be allowed to inspect the site I and the development during construction, subject to 24-hour advance notice. ,. 8. 0 I, _. n 4 2 I’d<? ~ 6. AssiKnment. The permit may be assigned to any qualified person. prowi assignee files with the Conmission an affidavit accepting all terms ar conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions SI be perpetual, and it is the intention of the Commission and the permit to bind all future owners and possessors of the subject property to tl terms and conditions. (5502R) .' 4 ./ I _I :' i iI :I 1. mi i 7' - I .- * .I ' .. -0 I! I L.w/ AD m .. . _- ... __. - . .. . " - - """.._ _. c; -"" ."_ ._ .-. .. .. ." &$IT" "pT:." "-I-".." I - OI I VI I A 1 CAY.- 1- i h) I i f I I 6 i - I I I i I i I I ! ! i j I7 I I I - " I j i I "I""" """"" """"I" """ I """_ """" "._ , I 1 I I I ! m ! ! I ! I I I 1 I 4 ""- """-"""""""$-"""_I _"""_ I I .. , .*..* / 'k a a 'L, w LL\ Cf) 42.43'4 L - ELEva-~-1~,d /?E 3P245Zo I " - ._ 2 -723 I' 2725 OCEAN 5- - 272 7 .SLl T I A I 0' I= /ET '{ Y I - - \3' J I= - I"L I " - 1 I 1 r 4: - z - \ . 01 T -L 1 I$ \ 1- v i 1 ! I \k"" 4; \\ - aA.&i ZTX: Lk+.. I a,*;, z r3 "- ;. " \ I I : " __ "-!F I I \&!u&; \ T;b .- ?J &,* 'j j \ 1 I i 5hz Re Cllll 50' CARLSeAD zOq€ "R-3 ELK A MAP 1221 . Pb\kcEL NO. 203 [So 20 L-R[i-5Gh I t" ;< j 0- I 'I I ! 1 : LJJ >-* !> I -2 i@L ju-, 0 - N 0 .Q\ -23 4 G-22 J 'h $314 -\ Gpd? e+:?: 2 *b @ J QP QY YL <-OQ?p L @QQS vbaab +P *- )c F a d (l 2 F II)- >L 30 3 0 cc J sb : 2-x vl 42 acc: - J z 1- 4 A>- t,=x qT u-0 p $ 2' I i i I ! , ! I 1 I i i I 1 I I a c '", 0 -a 4 Y %A \ m t I u, B' 7 % 'h \ L w I $I D 0 M t d -4% 2% UL " tn -X g, =\ e\ q I 1 & I OZ I /- I / 18 -.E t\ - , .I a a - " - " \ - " " -"" I.""_ -"" 'm ' m P TICOI# rlrU~SlJRANCE TICOR TITLE INSURANCE COMPANY 925 "6" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX IlSO SAN DIEGO, CALIFORNIA 92112 61$ 233-6081 PRELIMINARY REPORT fEBRUARY 5, 1986 TICOR TITLE INSURANCE COMPANY OF.CAL1FORNIA ATTN: JACK WORTHINGTON Lbl: ANCtLrt, 08. 9007 t 333 SO, GRAND, ST€ 6 100 YOUR REFERENCE: N28-8240521 OUR ORDER NO. : I141230 IN RESPONSE TO THE ABOVE REFERENCED APPLICAlfON FOR A POLICY OF TITI.! INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORT; THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE OAT1 HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAN1 AN0 THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH,' INSURfNI AGAINST LOSS,WHICW MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN 01 ENCUMBRANCE NOT SHOWN Oft REFERRED TO AS AN EXCEPTION 6ELOW OR NO1 EXCLUDED FROM COVERAOE PURSUANT TO'THE PRINTED SCHEDULES, CONDITION: AND STIPULATIONS OF SA10 POLICY FORMS, THE PRINTED CC#CEPTKW ANO EXCLUSIONS FROM THE COVERAGE OF SA![ POLICY 6R PbLtCIES ARE SET FORTH ON THE ATTACHE0 COVER. COPIES OF TH[ POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHXCt ISSUED THIS REPORT. THIS RE SOLELY TITLf I THAT tl :PORT, (AND ANY SUPPLEMENTS OR 'AMENDMENTS THERETO) IS ZSSUEC FOR THE PURPOSE OF FACIL I'IATINO THE ISSUANCE OF A POLICY OF NSURANCE AND NO LIABILITY IS ASSUMED HEREBY. If IT IS OESIREE ABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. bA<EP AT 7:30 A.M, AS OF JANUARY 30, 1986 I TZtLt OFF SZGNED: ,E:&FR4NK J +/e- THE FORM OF POLSCY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ( 1 ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE t"t ALPA OWNER'S POLICY CORM B - 1970 (AMENDED 10-17-70) ( '. ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1978 (AMENDED 10-17-70) CkTA STANDARD COVERAGE POLICY - 1973 * .. f $4123 PAGE 1 '? '42 - 't 1CUR TITdhSlJRANCe ' @id: * I THE ESTATE OR INTEREST IN THE LAND HEREINAFTER OESCRISED OR REI TO COVERED BY THIS REPORT IS: A PtL! TItLE TO SAID ESTATE OR INTERESY AT THE DATE HEREOF IS VESTED 1 NANCY FAY JOHNSON, A MARRIED WOMAN ,AS HER SOLE AND SEPARATE AT THE DATE HERSOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED E.XCEPTIONS AND EXCLUSIONS CONTAI*NED IN SAID POLICY FORM WOULD BE AS FOLLOW: 1, TtiE L!EN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT T T,HE PROVISIONS OF CHAPTER 3.5 (COWENCING WITH SECTION 75) Of THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, 2. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTIO SAID LAND Is T!6E OR SUBMEAQED LANDS, et? HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. EkJTEO 6Y : NANCY FAY 30HNSbN RECORDED : JANUARY 28, 1986, RECORDER'S FiLE NO. 86-03571 RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORlGIN ARE DELETEO, SUCH RIQHTS OR EASEMBNTS AFfECTSNG THE PORTION OF SAID LAND \'kE#N HATED, FOR PUBLIC ACCESS AND INC!DENTAL PURPOSES, AS.QR{ IN AN fRREVOCABLE AND PERPETUAL OFFER. TO DEDICATE RECORDED : SANUARY 28, 1886, RECORDER'S FILE NO. 86-035370 APtfCfS : FROM THE TOE OF TH€ SEAWALL TO THE MEAN HlQH TIDl CQVrUANTC, COtJbItXDN~ ANB RB8TR3CTXONS IN TM ALIClVC ItLurtu~u INSTRUMENT. RESTRICTXONS, IF ANY, BASED ON RACB, COLOR, RELIQIt OR NATIONAL OR16lN ARE DgLEtEb. Sa OWRK MAtTCRmF RECORD WHICH D(, Nb't' DESCRIBE SAID LAND, BU1 WHICH, IF ANY EXIST, MAY AFFECT THE TITLE, THE NECESSARY SEARCH AND EXAMINATION WILL BE CQMPlETFD WEN A STATEMENT OF INfORMATfON HAS 8EEN RECEIVED FROM : OWNER TAX FIGURk FOR : 1985-86 CODE AREA : 09000 PARCEL NO. : 203-140-20 LAND b JS COVENANTS, CONUXTIONS AND RESTRICTIONS IN AN INSTRUMENT i Bras SYIPR~VSMENTS IWTALLYRNT i pkg d,W, PA20 $LCWB tNbTALL1YJiNT: 487.83, PAID ?9414 L. A- TICOR TIT~dSURANCcE I b, ?@ / i NOTE: THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN AbbITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20 .Oo RECOROZNG FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHZP IS ACCOMPANIED BY A uPRELIMi~~~~ CHANGE OF OWNERSHIP REPORT," IN LIEU Of SAXD REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER ww NQT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVlT THAT THE TRAaVSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLYCABL€, .. I 5 (c . 6 I f* ' "36 PAGE 3 .- I9 TICOR TiT~dSURMCe ' e' " THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF GALZfORNZA, COUNTY OF SAN DIEGO, AND IS bESCRI6ED AS FOLLOWS: LOTS 30 AND 31 IN BLOCK "A" Of HAYES LAND COMPANY ADDITION ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF ThE RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909. TO CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, e - I .. - 9 9 412? 8 PACF d , m:;' w 1: " .-.- c 5 b .* .. . ' '.' @ TLCQR TITLE I~I?U~~ANC~! aJ , .* " ." -. -. . """ - - ~" " Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees and expenses result- ing from: 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building cerning: m land use 6 improvements on the land and zoning ordinances and also laws and regulations cons 3 Tjtle Risks: . that are created, allowed or agreed to by y, that are known to you, but not to us, on tt unless they appeared in the public records . that result in no loss to you that first affect your title after the Policy not limit the labor and material lien covera Covered Title Risks 4 Failure to pay value for your title. ' land division - envirdnmental protection 5 Lack of a right: This exclusion does not limit the zoning coverage described . to any land outside the area specificall! in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A, or = in streets, alleys or waterways that touch y 2 The right to take the land by condemning it, unless a no- tice of taking appears in the public records on the Policy This exclusion does not limit the access cov, of Covered Title Risks. Date. r SCHEDULE B - STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (Bt Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (D) Any water rights, claims or title to water on or under the land. .. 1 AMERICAN LAND TITLE ASSOCIAT10N LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) 1 .. SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this Policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restric or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of i . now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appr records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the i (b) not known to the Company and not shown by the public records but known to the insured claimant either at I at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage anc writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereun in no loss Or damage to the insured claimant; (dl attaching or created subsequent to Date of Policy (except to the is afforded herein 85 to any statutory lien for labor or material or to the extent insurance is afforded herein as tc sll~![!t iniprovr!mcnts under construction or completed at Date of Policy). (11 ~lt~s tt~~~~4~h:~lw~5 tu t:wl)4v wtlll t,lYtiica\,tct "dl)lstq ~~uwlc!~s" taws ut ttw s1.111t ill WII~C:II ltlc I;~II~I Ii 5lltratctl. .' 1'11(.tlf*11( l**IIIIIltV I){ IIIV lttvt 811 1118. tIt*.tnwI INIOI I(I;IIII* iu.t..1tf*.t* rjf I;I~IIIII~ CJI lilts ilt:.tttvtI ;)I [).11r- 01 ~(11gt.y 01 01 ;Illy ',I (1. xt~t:~~~iot~!s ;ill11 i-vc7~~l,.,,4~~-, (:I$~~II~~~IIvI ,),I HI:^^^!,^,. sitit:) " iJr!*.ttxj t't)ttcy txceptlons m0 Exclusions tinuefl) m e CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLtcy 1973 SCHEDULE 6 PART I This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise hy rr!as the following: 1. 7;Ixt:s OI ,~ss~*~!;~1l(:~~~s wlltc:I~ 'III: IIII~ S~IOWII as existlru) IlcIls IIV the rc:co~(ls 01 any taxiny aurlwrity that Icvtc:s IJXI'S (JI ~v,I-:,~,I 011 real proi~er ty or by the phlic records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown 1) records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspwtlc the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would tiicr and which are not show11 by th(! public rcxords. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rI claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedu or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the ex to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or rquii or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improver now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or arc:;) of t1w 1,ull the effcct of any violation of any st~cl~ law, ortlinancc: or qovernlncrital rcgulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights ap1mrs irl 11~8 111 rccords. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claim [b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Dat Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured ht!rt.url (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resultin loss or damage which wouid not have been sustained if the insured claimant had been a purchaser or encumbrancer for value with knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inq of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or reforrtrtl t Schedule A. ".""" - AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE Thr! followirlq n1altws arc! r!xp~t!ssly c!xclutlt!d from tho covc!~ago of this policy: 1. Any law, ordinance or governmental regulation (including hut not limited to huildinq and zoning orrlinancns) rcfrlc 111 ttv~t~l,tlit~q OI ~~tollil)ilitI~~ tllv trc:c:lt1);ul~:y. II*.I. IN tvljt)y1tIto)t c~i 1111, hilt, OI II:~~II~.I~IIM~ ttw I:~I~II;II:I~V, I~I~III*II-.IIIII~. 111 11 11011 IDI ,,tly t~tq~~t)vt!t~t~!~~l IIOW 01 III!II!,I~II*I c!cc!c:ttal oo tlw t~ctl, ot ~ut)tt~l)~ttt~~~ a sc:l)at;ttiocl III ow~~t!~s11111 OI ,I tc*tlc~c:~tc~c the thmcnsions of area of the land, or the effect of any violation of any such iaw, ordinance or governmental requidti1 2. Ri!llUs of cminont domain or qovcrnmr!llt;ll riqhts of polkf! powc!r unll!ss nolicr! of ttw c!xl!rcisr! of sll(:l1 riclllls ,I~IIIV,II~ 3. Dcfects. liens. encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to IJV thc insol t:l;tituittlt: (I)) not known to thv Cornl);lrly atwl not SIIOWII t~y 11w luddic rc*c:ot(ls 1P11t ktlr)wrl to tlrv iclrllrtvl (~lqtlt~l.~t~t ~111 .tt I).III+ I~I I'c,l~c:y I)I ,,I 1111: 11.tl1: SIII:~I c:l,l~t~~~~ttl ,tc:tlcliltrtl ,111 I!~~'III: OI IIIII:II!~I I)y t111s IIII~I~:~ tllI(l III)~ tI~u:lc)sc*tl III WI I~IIIII 1114: trtr,cvctti ~:~,IUII:III~ IO 11~: (;olnpitlly 1J1101 to 1lw htc slrc:t, uv,lllt!~l ctaltndlIt l)t!c.ww ~II ioswt!tI 1w~t!~~t1ttwI (I:) IP,III~ it, IIO IIKS or (h1~;~qc 11) IIII! ilw-4 dilil1wll; ((1) ;~tti1~:l~i~~q 01 c:tc!;~ttrcf ~II~I~I!~~III~II~ ' I I);III* of Prjltq v. (1.1 t~~*~llt~lIlfJ 111 ICI,:. I~:+III;IIJ~I wlltilc w111th1 IUI~ 1t:wcr '3 EIIC~I)IPIIW~ ii tiin it)cl11011 ~Inita~~t~t llarl ll&~l .I 1qe1 1110 ostato 111 illlotnot isoeato*l 1111~ lt*,lia 7 til+: I~tst~Iic Iexutfts a~ Dall: 01 I'olicy.