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HomeMy WebLinkAboutCDP 15-45; Abdi Family Trust; 2017-0160896; EasementDOC# 2017-0160896 1111111111111111111111111111111111111111111111111111111111111111111111 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: Apr 11, 2017 08:33 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City Clerk SAN DIEGO COUNTY RECORDER FEES: $0.00 CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 PAGES: 10 The undersigned grantor(s) declare(s Documentary transfer tax is $.0...00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and SPACE ABOVE FOR RECORDER'S USE Assessor's Parcel No.:210-06l-13-00 Project ID:CDP-15-45 Related Project ID: Related Project ID: Project Name:Abdi Residence IRREVOCABLE OFFER TO DEDICATE A lS FOOT WIDE EASEMENT FOR LATERAL BEACH ACCESS PURPOSES THIS IRREVOCABLE OFFER TO DEDICATE A 25 FOOT WIDE EASEMENT FOR LATERAL BEACH ACCESS PURPOSES (hereinafter referred to as the "Offer") is made by Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family Trust u/a/d October 29, 2009, (hereinafter referred to as the "Grantor"). I. WHEREAS, Grantor is the legal owner of a fee interest of certain real property located in the County of San Diego, State of California (hereinafter referred to as the "Property"); and II. WHEREAS, all of the Property subject to this Offer is located within the 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 III. WHEREAS, the California Coastal Act of 1976, (hereinafter referred to as the Act") created the California Coastal Commission (hereinafter referred to as the "Commission") and required that any development approved by the Commission must be consistent with the policies of the Act set forth in Chapter 3 of Division 20 of the Public Resources Code; and IV. WHEREAS, pursuant to the Act, the City of Carlsbad, County of San Diego, State 1 ( of California (hereinafter referred to as the "City") did establish and approve the City of Carlsbad Local Coastal Program 1996 and amendments thereto (herein referred to as the "Local Coastal Program") in compliance with the provisions of the Act; and V. WHEREAS, pursuant to the Local Coastal Program, the Grantor applied to the City for a Coastal Development Permit, CDP 15-45 (hereinafter referred to as "Permit") to undertake development as defined in the Act within the Coastal Zone of San Diego County; and VI. WHEREAS, in order to provide public access pursuant to Chapter II-2 (Mello II), Policy 7-3 of the Local Coastal Program, the Project has been conditioned to dedicate a minimum 25 foot wide lateral beach access easement, irrevocable for a term of 21 years, between the mean high tide line and the coastal bluff, to the City, the State Coastal Conservancy, or other appropriate agency; NOW THEREFORE, in consideration of the granting of Permit to the owner by the City, Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family Trust u/a/d October 29, 2009, owner of said real property, hereby irrevocably offers to dedicate a non-exclusive 25 foot wide lateral beach access easement to the City of Carlsbad over, under, upon and across said real property as described in Exhibit "A" as depicted in Exhibit "B" attached hereto and made a part hereof as follows: 1. 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 the Laws of the State of California, including but not limited to Section 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 related 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 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 2 or local law, municipal code and ordinance. 2. DECLARATION OF RESTRICTIONS. This offer of dedication shall not be use or constructed 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, Grantor shall retain all normal rights and incidents of ownership of their respective underlying fee interest in the Property as provided for herein or which is protected pursuant to any state or local law and nothing included herein shall restrict, limit, or be allowed to affect Grantor's rights pursuant to Section 30235 of the Public Resources Code or any other similar or applicable law or code. Following the Offer and or 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 provision of State Law and the Grantor and Grantee may, in conjunction with each other, agree to record and additional reasonable terms, conditions and limitations on the use of the Property in order to assure that this Offer for access is effectuated. 3. DURATION. ACCEPTANCE AND TRANSFERABILITY. 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 with 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 herein, shall be accepted only by the recording by the Grantee or its successor or assignee of an acceptance of this Offer. Upon proper recording of the acceptance by the designate 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 3 that shall run with the land and be binding on the heirs, assigns, and successors of the Grantor as provided for herein. 4. REMEDIES. Except for any prior grant, approved, or permitted use, of 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 the Offer and which shall occur following an allowable and legal acceptance and recording of this Offer will be deemed a breach hereof. The Grantor, and any Grantee of this easement, may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Offer and easement and their respective interest in the property. In the event of a breach, any forbearance on the part of any such party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. 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 offer and the use restrictions contained herein shall constitute enforceable restrictions within the meaning of a) Article XIII, Section 8 of the California Constitution; and b) Section 402.1 of the California Revenue and Taxation Code, or successor statue, which survives sale of tax-deeded property. 6. SUCCESSORS AND ASSIGNS. The term Grantor as set forth in this Offer shall be defmed 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 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 Coastal Conservancy, the State of California, or a political subdivision of the State of California. The terms, covenants, conditions, exceptions, obligations, and reservations 4 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. 7. EXHIBITS. Exhibits "A" are attached hereto and incorporated herein by reference as though set forth in full. Exhibit "B" is attached hereto for clarity only and incorporated herein by reference as though set forth in full. 8. SEVERABILITY. If any provision of this Offer is held to be invalid, of for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. [remainder of page intentionally left blank, signature page to follow} 5 IN WITNESS WHEREOF, the undersigned has executed this instrument effective this _[£_day of lltr~,· / , 20~ OWNER: Behrooz L. Abdi and Sharon L. Abdi, Trustees of the Abdi Family Trust ula/ d October 29, 2009 By: Name: Title: Co-Trustee By: ~q4M' Name: Sharon L. Abdi Title: Co-Trustee {NOTAIUAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER{S) MUST BE ATIACHED.) NOTE THAT mE PRESIDENT OR VICE-PRESIDENT AND mE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF TillS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF mE BOARD OF DIRECTORS THAT IS SIGNED BY mE SECRETARY OR ASSISTANT SECRETARY OF TilE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AumORITY OF SAID INDIVIDUAL TO ACT IN TillS MATI'Eit. IT IS RECOMMENDED THAT, PRIOR TO mE EXECUTION OF THIS EASEMENT, TilE PARTIES CONSULT WITII TIIEIR ATIORNEYS WITII RESPECT TIIERETO. 6 ACKNOWLEDGMENT notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attache and not the truthfulness accura or validi of that document. STATE OF CALIFORNIA } } ss COUNTY OF SAN DIEGO } 3011-:r.rn -~ :th ,~ beforeme,.lVDnne mort\ nez_-~1 a N o'-t-'-F''-lPut----Lb-'-1-'ic ... , <-p-er-s-on_al.ly appeared 1 ()\\oro n L . A bel j ' who proved to me on the basis of satisfactory evidence to be the person(s) weiname(s~ subscribed to tha·thin instrument and acknowledged to meehe she ey ex~~d the same in hi 7her/ eir authorized capacity(ies ), and that by hi ~/ eir s ature( s) on the instrument the pe s ), or the entity upon behalf of which the pers acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IVONNE MARTINEZ Notary Public -California ~ z ~ • San Diego County z z Commission# 2150645 ~ J • • • ~ • .Mt ~oTrz· fxtirts !P; ts}g2.2J (Seal) 7 ACKNOWLEDGMENT notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attache and not the truthfulness accura or validi of that document. STATE OF CALIFORNIA } } ss COUNTY OF SAN DIEGO } nvv ..;(...... lh ~17 ~ • 4 On !'/'"" / 8 - , wn>, before me, __ lf62.-U ___ ,_e._~ __ 'tU_AfiJ _____ _ a Notary Public, personally appeared eeN flo 0 Z-L-ht~ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)@re subscribed to the within instrument and acknowledged to me that ~he/they executed the same in ~er/their authorized capacity(ies), and that b@erltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HERMIE AQUINO Commission # 2064599 < ::;;a .i Notary Public -California ~ ~ '~iJ.i ·.. San Diego County :!: J. ;·~ ~ •• M1 ~0TrTL tx~r~ ~al L\n1d (Seal) 8 EXHIBIT'A' BEACH ACCESS EASEMENT LEGAL DESCRIPTION A 25-FOOT-WIDE STRIP OF LAND OVER A PORTION OF LOTH OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 4 OF TERRAMAR UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950, THENCE SOUTH 59°21 '20" WEST ALONG THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID MAP 2696 A DISTANCE OF 56.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 52°32'55" WEST A DISTANCE OF 42.56 FEET TO A POINT THAT BEARS SOUTH 59°21'20" WEST FROM THE MOST WESTERLY CORNER OF SAID LOT 4 OF SAID MAP 2696, THENCE SOUTH 59°21'20" WEST A DISTANCE OF 26.94 FEET, THENCE SOUTH 52°32'55" EAST A DISTANCE OF 42.56 FEET TO A POINT ON SAID SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE, THENCE ALONG SAID PROLOGATION NORTH 59°21'20" EAST A DISTANCE OF 26.94 FEET TO THE TRUE POINT OF BEGINNING ATTACHED HERETO IS A DRAWING LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART THEREOF. (CONTAINS 0.0244 ACRES MORE OR LESS) JOHN. LS 8733 EXPIRES 12/31/18 EXHIBIT B: BEACH ACCESS EASEMENT DESCRIPTION PROPERTY LINE EASEMENT AREA s 1-J 0 r:J,.... f'l.C: Ll = 2roo'oo" DRJ VE Ll = 8"00'00" R = 75' L=J5.62' LOT 5 J'vJAP 2595 0 Lu ~~ ~. 0~ o-- LEGEND SYMBOL N45"45'45''W ~ --R = 75' L=10.48' N 00"53' E 17.65' LOT 3 J'vJAP 2595 ~ LOT 4 J'vJAP 2595 P.O. B. 0 20 40 5263 SHORE DRIVE APN: 210-061-13 SCALE: 1 "=40' COFFEY ENGINEERING, INC. 9666 BUSINESSPARK AVENUE, SUITE 210, SAN DIEGO. CA 92131 PH (858)831-0111 FAX (858)831-0179