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Home My WebLink About6-83-613; |COASTAL COMMISSION|Sears Savings Bank|; 89-079296; Easementt 0 e XHIBIT 1 W 9 0 7::3':2;,9:c ! 0764 "= "__ Recording Requested by and When Recorded Mail To: ~." ." .~ . .A.z_ : : .. . -. . - ___...._....-- . F.""... . " .._"._,._ . - __.. - :.. . --.- .. . -"...~. _.. .~ - . :- . . .. ~. . . . - . .. . . . .. - ~. ". . . ..: . .~ City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 c.n ?"t. ; - E=< c" ; q .-.- -.>A 7 5 ." :,"- -. : -3 5;: i j' 3 G i i, : .: .'. - " . " :- -., - _._" .: . I ~ .- ,. = lli "". . li . - . ~ .. . ,- i "." .___"_ .. . .. ..-.- -:, i j :-&" L , i - - - . .." "";.,iii .I = _,"Y -_I ~. CERTIFICATE OF ACCEPTANCE Mo FEE This is to certify that f -4- .- hereby accepts the Offer to Dedicate for Permit No. 6-83413 Executed by: Sears Savings Bank on October 30 , 19x and recorded on December 9, 1986 As Instrument No. 86-573113 of the Official Records in the Office of the Recorder of " San Dieqo County. February 9, 1989 BY A$$ M(T E!!Wed r k I Dated For The City of Carlsbad - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 On February 9, i989 , before the undersigned, a Notary Public, personally appeared Aletha L. Rautenkranz 9 15s /X/ personally known to me / / proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me that the corporation/agency executed it. **********X*******a$~~~~~~;~.~.~~, * owclAL SEAL. P * * * KAREN R. eijNDTZ i NGTHRY PUBL~C-C$,::FOU%!: >k SAP: DiER! CO~JNSI :? f * MY Conrn. Exp. Sept 17, 19~~ I Q***:~*Q*************L,*tr* .,c..... Notad Publicdn & f& said County and State ".- "r-Vg F CARLSBAD - AGEN'b9ILL v / .- AB# 9 f+/ ACCEPTANCE OF STATE COASTAL MTG. 2/7/89 TITLE: DEPT. MP CONSERVANCY OPEN SPACE AND ACCESS EASEMENT/DEDICATIONS ".. , ra ud > Q x a 2 .. z 0 4 2 0 z 0 3 0 E RECOMMENDED ACTION: Adopt Resolution No. ??*3/ formally accepting seven (7) access and two (2) open space easement dedications from the California Coastal Conservancy. - ITEM EXPLANATION: On July 5 and August 23, 1988, the City Council approved an agreement and subsequent amendment with the California State Coastal Conservancy to apply $100,000 of Conservancy funding toward two (2) beach access stairways. Both stairways are a part of the Carlsbad Boulevard Blufftop Walkway project currently under construction. One stairway is opposite Hemlock Avenue; the other is opposite Maple Avenue. One of the standard conditions of Coastal Conservancy grant funding is the requirement that the municipal recipient accept all outstanding easement dedications within its local jurisdiction. This condition fulfills a long standing Conservancy policy of transferring easements held by the State to a local governmental agency. These easements are granted to the California Coastal Commission by private property owners as a condition of receiving Coastal Development Permits. The City's agreement with the Coastal Conservancy identifies for acceptance the following seven (7) access and two (2) open space easements: Coastal Commission Local Street Type of Easement Permit No. Address Dedication 6-86-278/AB 5099 Shore Drive lateral beach access 6-86-492 3037 Ocean Street lateral beach access 6-85-492 3037 Ocean Street vertical beach access 6-83-81 2445 Ocean Street lateral beach access 6-87-36 5-77-81 6-83-613 4301, 4311, 4321 lateral lagoon access Brooks Way 2599, 2601, 2603 open space Ocean Street 4167 Harbor Drive lateral and vertical lagoon access 6-83-613 4167 Harbor Drive open space F1045, 2590, 2875 2701 Ocean Street vertical beach access I I' ;.' I . 1 2 3 4 5 d:c~r?:~5 ,r-;;z=ted hv and When 2ecorded RetGao: California Coastal Comission 631 Howard Street, Fourth Floor San Francisco, California 94105 Attention: Legal Department WSftDlftG REQULSTU) BY u)NlllF.NTM URD flm IO(67S-OS 0 3% '5'7.3 I I 3 I- 7 LClircrv fcEc:;?[]cn bo FR RECOf?LJFD IN oPFFIC:IAL r~Fcong- A*'ei' flfC -9 AH /@ 28 rf! 9 -AH ~!CCO t3aNry. cA. VERA L. L'fLF 4 This instrument filed fur record by Continental Land Title as an accomodation only. It has not been examined as IO its execution or as to its effect upcln the tik IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATIONS OF RESTRICiIONS THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN-SPACE EASEMENT AND DECLARATIONS OF RESTRICTIONS (hereinafter "Offer") is made this (1) October 30 . , 19 86 , by (2) Sears Savings Bank (hereinafter referred to .. - as "Grantor"). WHEREAS, Grantor is the l egal owner of a fee interest of. certain a1 properties located in the County of (3) San Diego . -. ate of California and described in the attached Exhibit A (hereinafter .' ferred to as the "Property"); and WHEREAS, all of the Property is located within the coasta1,zone defined'in Section 30103 of the California-Public Resources Code [which e is hereinafter referred to as the "Pub1 ic Resources Code"); and WHEREAS, the California Coastal Act of 1976, (hereinafter rred to as the "Act") creates the California Coastal Conmission einafter referred to as the "Commission") and requires that .any lopment approved by the Comission must be consistent with the policies he Act set forth in Chapter 3 of Division 20 of the Public Resources NHEREAS, Pursuant to the Act, Grantor applied to the Commission '27 zr PAPER 181 ,SZY 8.721 , OP ChLl?OnUlA e46P for a permit to undertake development as defined in the Act within the - * be .. :..,I -J * .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 PER - hLl?OlNIfi ncv. m.Ta(1 . e -2- 0 r coastal zone of (4) Sari Diego "Permit"); and d ' County (hereinafter the . WHEREAS, a coastal dev6lopment permit, No. (5) . 6-83-613 was granted on (6) accordance with the provisions of the Staff Recomnendations and.Findings (Exhibit E) attached hereto and hereby incorporated by reference, subject to, the fol 1 owing condition: (7) . See attached Open Space Dedication,PAGE 2~ December l3 , 19 83 , by the Commission in - ~ I I- i .. I 8 .- ~ " .. -. .- .. I i ~ ,. I. e WHEREAS, the Commission, acting on behalf of the People of ttie State of California and pursuant to the Act, granted the Permit to the Grantor upon condition (hereinafter the "Condition") requiring inter alia , . that the Grantor record a deed restriction and irrevocable offer to - dedicate an open-space easement over the Property and agrees to reitrict - * development on and use'of the Property so as to preserve the open-space and scenic values present on the property and so-as to prevent the adverse I , .* f ..J ' 0 epEcm...&.&hoN 0 '_. .L . .. .. . . ...-..." ." ,. Open Space Dedication Prlor to issuance of the permit, the applicant shall submit evidence to the satisfaction of the Executive Director that one of the following a1 ternati ves has been accompl ished; either: A. Prior to issuance of the permit, the applicant shall record an irrevocable offer to dedicate to a public agency, or to a private association acceptable to the Executive Director, an open space easement over the area described as follows: The bluff face portion of proposed Lots 1 and 2, as shown on Exhibit C attached to this permit, and all of the wetland area as shown on Exhibit C. The document shall include legal descriptions of both the applicant's entire parcel and the easevent areas and shall prohibit any alteration of landforms, placement or removal ef vegetation, or erection of structures of any type unless approved by the Coastal Commission or its successor in interest, except as specified herein. Public pederstrian trails, erosion control structures, underground easements, observation points and landscaping shall be permitted, as approved by the Executive Director in consultation with the Dept. of Fish and Game, pursuant to the terms and conditions of coastal development permit 6-83-613. Any improvements permitted in this area shall be maintained by the homeowner's association, and maintenance shall be provided for in the CC&Rs of the subdivision. The accepting agency shall have the discretion of accepting maintenance responsibility at the time of easement acceptance. Such easement shall be recorded free of prior liens except for tax liens and free of prior encuwbrances which the Executive Director determines may effect the interest being conveyed. d The offer shall run with the 1 and in favor of the People of the State of California, binding successors and assigns of the appl icant or 1 andowner. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recording. or 6. Prior to issuance of this permit, the applicant shall dedicate in fee title, to the Mil dlife Conservation Board of other pub1 ic agency acceptable to the Executive Director, that portion of the property shown on Exhibit C as wetlands. The remaining open space shown on Exhibit C (the bluff face) shall be offered for dedication as provided in 5A above. - -2A- .*- *(..* I e 'J' e I direct and cumulative effects on coastal resources and public access to the coast which could occur if the Property were not restricted in accordance with this Offer; and WHEREAS, the Comission has placed the Condition on the permit . use a finding must be made under Public Resources Code Section 30604(a) 6 that the proposed development is in conformity with the provisions of .I 7 Chapter 3 of the Act and that in the absence of the protections provided by 8 the Condition said finding could not be made; and .. I 4 r PAPER DI CALIIOIMIA $3 IRCV. ..TI1 0s. YIII. . WHEREAS, Grantor has elected to comply with the Condition and execute this Offer so as to enable Grantor to undertake the development authorized by the Permit; and IX. WHEREAS, it is intended, that this Offer is iirevocable and shall constitute enforceable restrictions within the meaning of- Article XI11 s Section 8 of the California Constitution and that said Offer when accepted' - .shall thereby qualify as an enforceable restriction under the provision of the California Revenue and Taxation Code, Section 402.1; .. - NOW THEREFORE, in consideration of the above and the mutual - benefit and conditions set forth herein, the substantial public benefits - for the protection of coastal. resources to be derived, the preservation of - the Property in open-space uses and the granting of the Permit to the owner by the Comission, Grantor hereby irrevocably offers to dedicate to the State of California, a political subdivision or a private association acceptable to the Executive.Director of the Commission (hereinafter, the "Grantee"), an opeh-space easement in gross and in perpetuity for 1 ight, air, view, and for the pyxervation of scenic qualities over that certain portion of- the Property specifically described in Exhibit B (hereinafter - the Protected Land); and I i a. 11 0 a .i ’- .I I -4- This Offer and Declaration of Restrictions subjects the Property o the following terms. conditions. and restrictions which shgll be ffective .from the time oE recordation of this instrument. 1. USE OF PROPERTY. The use of the Protected Land shall be imited to natural open space for habitat protection, recreation. nd resource conservation uses. No development as defined in Public esources Code Section 30106. attached hereto as Exhibit C and corporated herein by reference. including but not limited to teration of laAdfOrIW. placement or removal of vegetation. ading. paving. or installation of structures such as signs. ildings. etc. shall occur or be allowed on the Protected Land with e exception of the foiloving subject to applicable governmental gulatory requirements: (a) the removal of hazardous substances or conditions or seased plants or trees;. (b) the removal.of any vegetation which Constitutes or nttibutes to a fire hazard to residential use of neighboring operties. and which vegetation lies within 100 feet of existing or rmitted residential development: a (c) the installation or repair of underground utility lines and ptic systems.. (d) public pedestrian trails. erosion control structures. derground easements. observation points and landscaping as proved pursuant to the terms and conditions of Permit 6--83-613: 2. RLGHT OF ENTRY. The Grantee or its agent may enter onto the operty to ascertain whether the use restrictions set forth above e being observed at times reasonably acceptable to the Grantor. r PAPER W CALIIORMIA 13 (REV. a-721 O8C I 1 3. BENEFIT AND BURDEN. This offer shall run with and burden th i 1 ,. .I . .# *? /I e -5- 0 operty, and all obligations, terms. conditions, and restrictions reby imposed shall be deemed to be covenants and restrict'iibs nning with the land and shall be effective limitations tm the as.s the Property from the date of recordation of this docunent and all bind the Grantor and all successors and assigns. ~nis OEEZZ t all benefit the State of California, 4. CONSTRUCTION OF VALIDITY. If any provision of these strictions is held to be invalid or for any reason bsccmss enforceable, no other provision shall be thereby aftectsd or 5. EMFORCEMENT. my act or any conveyance, amtract, or tion whether written or oral by the Grantor which '358s or se to be used or would permit use of the Protected Land to the terms of this Offer vi11 be deemed a breacfi hetaof, ee may bring any action in court. necessary to enfozce t2ir eluding but not limited to injunction to terminate 3 activity, or iin action to enforce the terms-and provisfo! specific performance. It is understood and agrsed that H ee may pursue any appropriate legal and equitabla The Grantee shall have sole discretion to datarain;. und: urnstances an action to enforce the terms and conditions 0: r shall be brought in law or in equity. Any forbsazance 4 of the Grantee to enforce the terms and provisiocs hereof ent of a breach shall not be deemed d waiver of Gzantee's garding any subsequent breach. i l- 6, TAXES AND ASSESSMENTS. Grantor agrees to pay of CZUSLL t3 b real propecty taxes and assesssents levied or assessed I Rf PAPER r or CALIVORNIA I I3 IRLV. 0.721 on? It against the Property. " .- . .. ~- ..-. I -6- I. ' .# e a ~..MATNTENAFJCE. The Grantee shall not be obligated to maintain, prove, or othervise expend any funds, in connection with the's operty or any interest or easement created by this Offer. All sts and expenses for such maintenance, improvement use: or ssession. except for coets incurred by grantee for monitoring mpliance with the terms of this easement. shall be borne by the TABILITY AND INDEMNIFICATION. This conveyance is made and upon the express condition that the Grantee. its agencies, nts, officers, agents, and employees are to be free from all y and claim for damage by reason of any injury to any person ns. including Grantor, or'propetty of any kind whatsoever - 13 14 15 16 17 18 . 19 20 21 and to vhomsoever.be1onging. including Grantor. from any cause or causes whatsoever. except' matters arising out of the .sole negligence of the Grantee. while in. upon, or in any way connected with the Property, Grantor hereby covenanting and agreeing to indemnify and hold harmless the Grantee. its agencies, departments. officers. agents. and employees from all liability. loss. cost. and obligations on account of or arising out of such injuries or losses however occurring. The Grantee shall have no right of control over nor duties and responsibilities with respect to the Property which / . would subject -the Grantee to any liability occurring on the land by virtue. of the fact that the right of the Grantee to enter the land is strictly limited to preventing uses inconsistent with the interest granted and does not include the right to enter the land for the purposes of correcting any dangerous condition as defined bl' California Government Code Section 830. - 'APLR CALlFORWIA (REV. &711 I? I .. ... . - . . . ._ . -. ". - .. ~ -. .. I. -.. - I, 0 . 0 -7- . 9. SUCCESSORS AND ASSIGNS. The terns. covenants. conditiozs. exceptions, obligations. and' reservations contained in this &E'er shall be binding upon and inure to the benefit of the ~uccesso~'s and agsigng of both the Grantor and the Grantee, whether voluatary or # 4 linvoluntary. I 10. TERM. This irrevocable offer of dedication shall ba binding upon the owner and the heirs, assigns, or successors in int2tsst to the Property described above for P period-of 21 years. Upon recordation of an acceptance of this offer by the grantes in the form attached hereto as Exhibit D. this offer and terns, corditions, and restrictions sha1.1 have the effect of a grant of ogen-ar>acs and scenic easement in gross and perpetuity for light, ais. viav and the reservation of scenic qualities over .the open-space area that. shall un vith the land and be binding on the parties. heirs, -assigns, and Acceptance of the Offer is subject to a covenant vhich rum vith raviding that any .offeree tc accept the easemsnt may not but must instead offer the easement to other publi2 - I, private associations acceptable to the Executive the Commission for the duration of the term of the , I fer to Dedicate. this ?nth day 'of October , 1986 Glendale. California ngs Bank, a California Corporation n*u - BY r. qLeq& Bv R.w- PWd24 - - Vice President .Vice President 271 Richard C. Fuqate Steven P. Duffield TYPE OR PRINT NAPE ABOVE TYPE OR PRINT NXG ABOm X 01 ULI~ORMIA ur PAPER 113 CRLV. 0-72) . . .. -. . .. “0 TE TO NOTARY PUdq: . If yoor are notartzing the signatures of anyone stgning on behalf of 8. trust, corporation, partnership, otc. , pt ease use the correct notary jurat * (acknowledgknt) as explained .in your Notary Law Book. State of California 11. ” SATE OF CAlFORNIA - I COUNlYOF Los Angeles Is. lY On this 30th dayof October I 1986 , before me, the undersigned 0 %tory Fvblic in and for said Couniy and State. personally appeared personalh/ known to me ( C 0 Richard C, Fuqate + to be the person who executed i the within instrument as ”, ffipl d personally of or on behalf of tt7e cowation, and acknowledged to me that such - to be Re person who executed the within * g corporation executed the same. punuant to its laws, or a resolution of its Board of Directors. - - 12 H .. 13 3 WITNESS nd and official seal. C NOTARY PUBUC - CALlfO 14 Signatu 15 16 17 TI 102 - Karen K. Spisak LND (This area for official seal) Name (Typed or hinted) .. ? PAP- or uLwm-” 13 tarSv. 0-72s ow .. .. . .. . - . > - c -. .i e e -1 I This is; to: mify that the offer Of dedication set forth above is reby aCknm1-d by the undersigned officer on behalf of the California asta1 ~omfisriirrm rpursuant to authority conferred by the California granted Coastal Development No. 6-83-613 - Beceder 33, 11983 t and the California Coastal Comission consents recordatton *=of by its duly authorized offic w L ebw, 5Lk *e" JhcFc &-s4 - .. California Coastal Conmission OF California 1 .* Y OF San Franciso ) X ? a. Pub1 i c , persma11Y appeared ally known to e to be (Or Proved to me on the basis of satisfactory ce) to be the Frson who executed this instrument as the s and authorized representative of -the - rnia Coastal Comission .and acknowledged to me that the California 1 tomission executed it- . itness my hand and official seal : NOTAW PUBUC - CALIFORNIA ITY AND COUNTY Of SAN FRANCIS@ I Nota& Public in and for said u County and State * 26 27 APER ,,,Lv *.')a* :ALICORYl*. " . - a . -0 EXH I8 IT .A Property .. * LEGAL DESCRIPTION Lot 5 of Carl sb@d Tract No. 74-22, in the City of Carlsbad, Cointy of filed in the Offlice of the County Recorder of Sari Diego County, May 1, 1975, excepting .- <herefrom that portion, if any, heretofore or now lying below the mean h-lgh tide line Of the Pacific Ocean. " ~ Sari ai ego, state? of Cal i fornia, according to #Map thereof No. 8107, .. .-. -. ~ -..-.e- ....." - - "." ". ." " .- __. ._. - I". .- .- . - .. < 0 v . .. i I' i .i 1 - * 0 0 .a EXHIBIT OB" Protected Land THAT PORTION OF LOT 5 OF CARLSEAD TRACT NO. 74-22, IN THE CITY OF CARLSBAD, COUtllY OF SAN DIEGC, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF t!O. 8107 FILED IN THE OFFICE OF THE COUNN RECORDER OF SAID FOLLOHS: BEGINNING AT THE MET SOUTHERLY CORNER OF SAID LOT 5; THENCE NORTCfERtY ALONG THE KESTERLY LINE THEREOF NORTH 38'03'53" WEST (NORTH 38'04'22" WEfl RfC.) 125.83 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 56'16'56" EAST 70.85 FEET; THENCE NORTH 70'07'19" EAST 138.08 FEET; THENCE NORTH 58'47 ' 52" EAST 21.90 FEET; THENCE NORTH 15"11'52" '. WEST 30.66 FEET; THENCE NORTH 24'44'37" EAST 35.28 FEET; THENCE NORTH 70'09'50" EAST 86.48 FEET; THENCE NORTH 66'51'01" EAST 54.91 FEET; THENCE NORTH 71O14'28" EAST 51.25 FEET; THENCE NORTH 65'46'13" EAST 113.37 FEET; THENCE NORTH 78'18' 24 " EAST 98.31 FEET; THENCE NORTH 77'14'42" EAST 53.67 FEET; THENCE NORTH 85'03'47" EAST 60.29 . FEET; THEt!CE SOUTH 86'29'37" EAST 41.14 FEET; THENCE WORTH 86'14'22" , , 80'42'54" EAST 46.48 FEET; THENCE WORTH 63'18'55" EAST 52.48 FEET; . THENCE NORTH 78'06'15" EAST 54.63 FEET; THENCE NORTH 89'24'38" EAST 54.54 FEET; THENCE SOUTH 82'29'20" EAST 50.68 FEET; THENCE SOUTH . . 84'19'11" EAST 38.26 FEET TO THE EASTERLY LINE OF SAID LOT 5; THENCE ALONG THE BOUNDARY THEREOF SOUTH 04'03' 25" EAST ( SOUTH 04'02 ' 56" EAST REC. ) 107.82 FEET AND SOUTH 72'25'39" WEST 1134.88 FEET (SOUTH 72'24'56" WEST 1134.68 FEET REC.) TO THE POINT OF BEGINNING. COUNTY, HAY 1, 1975, AS FILE NO. 75-104002, BEING DESCRIBED AS .. - . EAST 59.37 FEET; THENCE NORTH 82O44' 55" EAST 56.27 FEET; THENCE NORTH - EARING '06' 3.2" E '20' 49" E '47' 21" E '2Q' 17"E '03' 25" E '16' 56"E '07' 19" E '47' 52" E '1 1' 52"W '44' 37" E ' 09' 50'' E '51' 01"E 3 14' 28" E ' 47' 43" E .¶ 14' 28" E ' 46' 13" E a ! 0' 24" E '1 4' 42" E '03' 47" E '29' 37" E '14' 22"E '44' 55" E '42' 54" E ' 18' 55" E '06' 15" E '29' 20'' C, '47' 43"W '19' !!"E 0.47' 43'' E '49' 27" E ' 17' 52" E '38' 12"E '22' 23" E '34' 18"E 5 ; 4' 4311 E 'e' 37" E '45' 15" E -36' 41"E '33' 31" E - 12' 05" E 24' 39" E 08' ! 8'' E 37' i3" E 29' 07" E 40' 23" E 4:' 34"W 52' 1 $'I w 21' 40"W x!' 12"W 30' 36"W X? 40" E 7' 23°K 321 36'1~; 39 5')"W >3' 35°K ~~ '24' 3819 E 06' alp E 0 0 PISTANCE 15.08 103.37 11.24 J6.94 129.01 70.05 138.08 21.90 30.66 35.28 86.48 54.91 45.48 88. b5 5.78 J.13.37 98,31 53.67 60.29 41.14 59.37 56.27 46.48 52.48 54.63 54.54 53.68 38.26 97.95 95.61 36.79 57.56 34. OS 35.59 36.29 24.1s 25 -56 65.53 25.52 37.63 39.36 32.77 27.55 35.23 42.3i 12.36 36.13 24.34 236.91 26.95 SCAL€ &,& ,I ~ WIIVDSI E8SEE. EX I ."-- ExH,B/fkJ' 5dPUBLIC - 9cc E 55 E&5E MEflr " "i; NOTE : - A 25.26 THE PEDESTRIAN WALKWAY SHALL BE A MINIMUM OF (5) FEET W1D 21-86 FOOT WIDE EASEMENT SHOWN HEREON AND CONSTRUCTED WITH 4" 22.36 93.3," 51 * 22 72. DG PARCEL "C" SHOWN HEREON IS DEDICATED TO PROVIDE PEDESTRIA 22.77 RAILROAD RIGHT-OF-WAY- IT IS NOT REQUIRED THAT THE WALKW AS FIELD CONDITIONS DICTATE. RING Cti3E3 c ELTA RAD ILiS LEN STi 1' 51" E 03.67 113'34' 41" 50.00 59.12 3' 2an E TAN 03.67 113'34' 41" 76.30 50.00 99.12 76.38 I -" 0 0 .... . .. . . ._ - . " ~. . 'ORES AT - 11 - 470 '47' 2L"E 289.12 .n '8f '571 'AP NU- 17484 1 (Qws 349. 32 \. I! N N Iw t '2 - - 'I N W v) c.. I/ L " " ,' L" :3 7- 5 1134.83 .. . Je??%n. 4.. -* 0 0 .- .. Be EXHIBIT C I Publfc Resources Code Section 30106 [ 30106: Development erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, .or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government. Code), and any other division of land, including lot splits-, .except where the land divisfon is brought about in connection with the purchase of such land by a public agency for publ ic recreational use; change in the intensity of use of water, or of access thereto; construction,. reconstruction, demolition, or alteration of the size of any structure, including' any facility of any private, publ ic, or municipal utility; and the removal .or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act . . of 1973 (commencing with Section 4511). "Development" means, on land, in or under water, the placement or As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution 1 ine. " . 8 L -. - , .. a EXHIBIT D e i -. Recording Requested by and When Recorded Mai 1 To: Cal i'fornia Coastal Commission 631 Howard Street, 4th Floor ' San Francisco, California 94i05 Attention: Legal Department .. ._ - . CERTIFICATE OF ACCEPTANCE , . OFFER OF DEDICATION OF OPEN SPACE EASEMENT This is to certify that hereby accepts . the Offer to Dedicate Open Space Easement executed by on 9 19 and recorded on . 9 19 - in Book " Page of the Official Records in. - the Office of the Recorder of - County. .- . . . . - - -. - . - .. " BY Dated- STATE OF CALIFORNIA 1 .. "_ . For COUNTY Of 1 On 9 19 , before the undersigned, a Notary Pub1 ic -in and for the said State, personally' appeared 9 Title known to me to be the . of the , who executed the within instrument and 'acknowledged to me that he executed the same. WITNESS my hand and official seal. - a - ~ Notary Public in and for said - County and State Page 1 of Two. Pages - mrrK 11Vo L. .... .* /. - .. / . 4. .... 9,: ....... ....... .. .: /Y,,fL\ ........... .. .... # \.- . 1 -A ' ePJ4- L; -. . .. r .. ' A/ /f 'I .. \. .. -. 1. . ... c fbCN0 .. .. m mema mmw efmm NA ~uq~/~~Eu ?# mr 37;4riff b3 ... W"/& U..C tZW Nff.ffrP4##ckvr/ LWGRI WtWTE8 VCU?Wt#U #&'E69 R; ~UU/$HCD HI#..U#. - t I - WO/LWrM R&VRO. flu M#Pl . A - Irrp/cRJEd mmD f */XEWCr' # . rw.m .. .. ' 57"kfPtD %XfE Dm. //MWfW# e - . , ruu/fmH WUO t */m RPE Li . 9fRMPUJ 4-$.9SM*P&e "PI - IUDlt'P,W8 /JWD I/UN&U&~ A 0 - Iuolt4rH #ET I 'iRpNme #/i ... .. ....... . _. .. .. .. - _- .. - . .. _.. ..... .. .- .... .... - . _. .. .... .. ... 1. . 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N'/cbTH mUO P/WnP& ~l €u hiA,*fL _" PenW 'a' *x . ~!@!4m!! n S#bM rx,wi& #N.'P!!OA yof YO - x PU49../C Aetss ACVOOPEM $/A# CA$&f&#TJ " &Z"L)t.WW U rl~l N n,vn drr ccc ISC -A- ,- . ,4-. :" * .a EXHIBIT E e Filed : octo Jh, 31, 1983 State of Caiifornia, George Deukmejian, kvemor 49th Day: December 19, 1983 California Coastal Commission Staff: CD: lsf SAN DlEGO COAST DISTRICT Hearing Date: December 12-16, 1983 . 6154 Mission Gorge Road, Suite 220 San Diego, CA 92120 (714) 280-6992 180th Day: April 28, 1984 REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION -..-_ ""__ - .. .- ." ___ . __. .. . - . .. -. .- - " ... _. ". .--- . - - _.._.."_____ ,...__"_ Application No. 6-83-613 Applicant: Hunts Partnership Agent: Larry D. Hunts " Description: Demolition or removal of two single family residences and construc- tion of 140 condominium units with underground parking and common recreational areas on a ten acre bluff-top parcel overlooking Agua Hedionda Lagoon. Lot area Bldg Coverage Pavement Coverage Landscape Coverage Wetland Area Parking spaces Zoning Plan designation (including bluff area) . Project density Ht abv fin grade 10.15 acres 76,202 sq. ft. (17%) 6,050 sq. ft. (1%) 294,367 sq. ft. (66%) 65,593 sq. ft. (15%) 348 PC Residential Medium 13.8 du/ac 35 ft, High Density (10-20 du/ac) Site : Located at the southerly terminus of Harbor Drive, between the AT & SF kilroad and Interstate - 5, in the City of Carlsbad 2iPN 206-222-22 Substantive File Documents: Certified City of Carlsbad Agua Hedionda Lagoon LCP .. . Land Use Plan Segment Coastal Development Permits: F7453, 6-82-69 Appeal #81-73 6-82-303, 6-82-501, 6-83-170, 6-83-324 SUMMARY OF STAFF'S PRELIMINARY RECOMMENDATION: Staff is recommending approval of the proposed development with conditions that would: increase the width of the public view point at the terminus of Harbor Drive; insure that no portion of any of the structures will be closer than 25 feet from the bluff edge: limit the height of certain of the units which are .- mo'st visuilly prominent to oiie and two stories in height: provide for drainage and erosion control plqns and limit the season for grading to reduce potential Xpproved as Recommended 0 Denied aa Recommended "" . .. . C3MhnS;;.2N ACTI.L)N OH DEC. 1 3 -. . -,