HomeMy WebLinkAbout1988-05-24; City Council; Resolution 88-169r .I
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RESOLUTION NO. 88-169
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALSBAD, CALIFORNIA, FORMALLY. ACCEPTING THREE (3) LATERAL ACCESS EASEMENTS FROM THE CALIFORNIA COASTAL COMMISSION
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WHEREAS, the City of Carlsbad, has previously entered
an agreement with the California State Coastal Conservanc
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accept certain grant funds: and
WHEREAS, the California State Coastal Conservancy
conditioned said grant funds upon the City's accePtanc
certain lateral access easements within the City of Car
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held by the California Coastal Commission: and
WHEREAS, the California Government Code absolves
public entities from liability for unimproved public pro
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damages: and
WHEREAS, the City Council of the City of Carl 11 California, hereby determines it necessary, desirable a] 17
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the public interest to accept said easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council 0
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City of Carlsbad hereby accepts threc
lateral access easements from the California Coastal comi
more specifically referred to in attached Exhibits A, B
attached hereto and incorporated by reference herein.
3. That the City Clerk is hereby authorized and dil
to execute the attached Certificates of Acceptance, ident
as attached Exhibits A, B and C with accompanying ea:
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dedication documents and have said Certificates recorded ii
Office of the San Diego County Recorder. Following record;
of said Certificates, copies of the completed, rec
documents are to be forwarded to the California State Co
Commission, attention Deborah Bove, 631 Howard Street, F
Floor, San Francisco, California 94105.
4. That the City Clerk is hereby authorized and dir
to forward a copy of this resolution with attached pre-rec
Certificates of Acceptance and accompanying easement dedic
documents to the California State Coastal Consew
attention Alyse Jacobson, 1330 Broadway, Suite 1100, Oak
California 94612.
PASSED, APPROVED AND ADOPTED at a regular meeting oj
Carlsbad City Council held on the 24th day of May I
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsol
NOES: None
ABSENT : None
ATTEST:
L.&L JQ-
ALETHA L. RAUTENKRANZ, Ciqy Clerk
(SEAL)
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'2~6 r*e Jii'i -6 32 /I: ..
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City Clerk
City of Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
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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 , 1985
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 dT* ATENeJerk 6,?
Dated For The City of Carlsbad
STATE OF CALIFORNIA 1
COUNTY OF )
On May 26, 1988 , before the undersigned, a Notary Public,
personally appeared Aletha L. Rautenkranz ?
15s
/X/ personally known to me
/ ! proved to me on tho 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.
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OFFICIAL SCAL t
NOTARY PLJ8llC-CALlFOhNlA * SAN DlEGO COUNTY t
KAREN R. KUNDTZ $
MY Cmm. tr. %d. 27. 19~ * *************************a***:
" Notd Publi-din-ahd fHsaid County and State
.r ~ 6 ORDER NO.: 9742 (til) 2 2- e
h- SCHEDULE A
The Estate or interest in the land described or referred to
this schedule covered by this report is:
A FEE
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Title to said estate or interest-at the date hereof is vest
JACK M. ROTli, a Single man and VERT? MAGNUSON, a single man
joint tenants
The Land referred to in this report is situated in the Stat
California, County of San Diego and is described AS follows
Lot 18 of TIERRA DEL OR0 SUBDIVISION, in the City of Carlsbl
County of San Diego, State of California, according to Ma? * NO. 3052, filed February 4, 1952 in the Office of the .ReCOrc
Said County,
"
ORDER NO.: 9744 ,fr e . .-e s-
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SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said plicy fez, would be as follows:
1. General and Special taxes for the fiscal year 1982-82, a lit
2. Any adverse chin to any portion of said land which I
not yet payable.
been created by artificial means or has, accreted to SI portion so created.
3. Covenants, conditions and restrictions, but delet restrictions, if any, based on race, 'color, religion national origin, in an instrument recorded February 4, 1954
Book 5132, Page 44 of Official Records,
Said instrument provides that .a violation thereof shall 1
defeat or render invalid the lien. of any mortgage or dc of trust made for value,
4, An easement within the Northeasterly 25.0 feet of a Southeasterly 4.0 feet feet for either or both pole linc underground conduits and incidental purposes in favor of ; PIEGO GAS 6 ELECTRIC COMPANY by instrument recorded June ,
1935 in Book 5679, Page 367 of Official Records,
Reference, is made to said instrument for furtl particulars .
5. An irrevocable offer to dedicate real property for pub.:
access and possive recreational use along the shorel, purpose, dated Agtil 8, 1981 in favor of the CALIFORNIA COAS
COMMISSZON, upon the terms and conditions contained there recorded Hay 29, 1981 as File No, 81-167629 of Offic. Records,
Over and across that portion of the Lot lying seaward of ' toe of the bluff.
6. An irrevocable offer to dedicate real property for open spI purpose, dated April 24, 1961 in favor of the CALIFON
COASTAL COMHfSSIBN, upon the terns and conditions contail therein, recorded May 29, 1981 as File' No. 81-167630 Official Records.
Over and across that portion of the herein described lI between the toe of the bluff and the western edge of
concrete walkway,
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& SC3EDULE B CONTINUED
ORDER IO. 9744-C
7. A Deed of Trust dated December 5, 1980, executed by JA
ROT13 AlJD VERN IlAGNUSOTi, to TITLE I3SURANCE ALL'D
COMPANY, a California corporation, Trustee, to secuz indebtedness of $259,150.00, and any other mounts pa
under the terns thereof, in favor of RUTH C, SO
recorded December 30, 1980 us File No, 80-43643 Official Records.
Said Deed of Trust is subordinate to the Irrevocable c to dedicated recorded Kay 29, 1981 as File No, 82-1
and 81-167630, both of Official Records, by the terns Subordination Agreement recorded May 29, 1981 as Fil 81-167628 of Off iciaf Records.
8. An Agreement regarding MAJOR REMODEL OF EXISTING SI FAMILY RESIDERCE, dated 26th day of March, 1981, exe by and between JACK M. ROTH AND VERN MAGSUS3N and th
DIEGO COAST REGIONAL COPIMISSIONp upon the terms, COVCI: and conditions contained therein, recorded April 27,
as File No. 81-123325 of Offic'ial =cords.
9. The effect of documents, proceedings, liens, Uecrec o'ther matters which do not specifically describe said but which may affect the title or impose lien encumbrances thereon. Rie name search necessar
ascertain the existence of such mtters has not completed and will require a statement of information JACK M. ROTR in order to complete this report.
TAX INFORMATION 1980-81:
Code Areat 09000 Parcel No.: 210-020-18 Landr $14,253.00 Improvements: $ 5,618.00
Exemptions: $ 000 1st Installment: $ 451.38 PAID
2nd Installmentr $ 451.38 PAID
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CFFICtAL RECi,R
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YEHA ih" REiUGLEH
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Lot 18 of Tierra Del Omi Subdivisiori, according .
to Map thereof No. 3052,': filed February 4, 1952,
in. the Office of the Recorder of said County , and ,
8 commonly known by the sfreet'iaddress of 5005 Tierra ,.
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Del Oro, Carlsbad, California. ..
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6 WESTLAND TITLE COMPANY .s'"'
2555 Csmino Del Rio South, San Diego, California 92108 (714)- 299-9470 985 south anta ~e me., Suite 2? Vista, Qlifomia 92083 (714 -941-4410 or (714 481-5895 I
PRELIMINARY REPORT
ISSUED Tor ZINHOLZ AND ASSOCIATES Y9UR NO. Roth
: ATTENTION: 1125 Camino Del Mar OUR NO. 9744-C Del Nar, CA DATEr June 10, 19,
(J in ksoe)
COPIES FOR:
DATED AS OF June 9, -1981 AT 7t00 A.M.
* In respanse tn yxr ebave referenced application for a palicy of title insurance, Wstland Title Canpany reports that it is prepare3 to cause t~ h issued through #nerb~~ Title Insurance fbpmy Of 1h1, Florida, a Florida cqmration, as of the date hereof, 8 PR fom Policy af Tfae ~nswance desqibing the lard arrd tfie estate or intemt therein hereinafter set fortl; in Schedule AI insurirg against loss *ich my be Sustained by reason of any defect lien or enctlmbrance rot shown QL: referred to u an exceptim h ~c~ufe B? or rot excluded frcm merage pIrsuant to the printed Schedules, Ccxditions and stipulatians of said policy form.
-NOTICE+
mis report is issued solely far the p~w of f-acilitating the issuance of a palicy of title insurance, S$o liability is asstzed either b westland Title ccmpany or American TfKe Insurance AXIY of fam mi, Florida, for any loss QL: damages sustained you, or on this report, by reason of the misdescript on 01c anhion o any matter In or from Schedules A or B Of this kport. It is desfrtl) that liability be assmed befare issuance of a policy of title insurance, a mfmt sh~dd be requested.
T c%y mY r;e==n rely*
lete schedule of applicable rates end prenFrna is available on P&Stl%?%tle oesnPany QI -st.
WESTLAND TITLE COMPANY
BY ad BOB .' C13FT 4-w-
TITLE OFFICER sr 267
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STATE C" C;-5IIC?:;A
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s;21 F:A'ic:Sx, CA 94135 i ROTH & MAGNUSON
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SI The r;,9ersigned, as beneficiaries WZet a Deed of T-ust datd (1)
4 DECEMBER 8, 1980 and reeorzed (2) DECEMBER 30, 1980
5 in Sook lg80 t Page 80-436433 t Official RecDrds in the Office of
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the Courtty F.etor?er of the SAN DIEGO COUNTY , enczberiag tke
7 1 rea: p=o_ce=t-l descr3ed in Exhibit A to this boCment, ws=, Dee5 of TyLst
8 J h~ as t,ust=o (3) . ==XXS@BYE?t T$tle InSSU~ag~&&~g$, G;ewny
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- -" 1 gg'- . ,cchowle+es z!!e ~4) OFFER TO .DEDICATE ACCESS & q8& c0ncJrront-y
10 rr herewit5 aE2 does hereby suborzinate tSe interests of its deab of trust
t.!!erZta aid t3 interests created upon any IC ce of sais Offo,r. 111 :: ,',, i./l 22 sated: wz&4;& /(3 , /qg/
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/ 14 8. t ". i 16 C.CI.C.-.. TO IS44 CA A- (8.74) ifJQJ.L2 8
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(Individual) fl TlTLE INSURANCE AND TRUST
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? ' STATE OF CALIFORNIA . } ss.
AnaOCrCDMW 18 ' COUNTYOF c- 0s A/dcEm
MAY 13. Ips/ I .. before me the undersigned, a Notary Public in and for said
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state, personally appeared- 7.~ L - s OR i/ ~f
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, known to me
' z1 . 2 2 subscribed
nd acknowledged that%
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executed the samc.
(This area for oi6ci.l notarid rul)
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!". -c--~omia Cdasc21 Sozr;issicn
'631 iioward Street, 4th Flocr
Sar. Francisco, Califorr.ia 94105
Attention: LeyaL Deputm%it
1916 4' ?aL7 81-P67( F_ILE/PAGZ h'3,- BODr 158 RECORDE; r:~?':
C~RC RmMo
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RECORDER
IRWVOCABLE CFFER TO DEDICATE EWLSC ACCESS EASE
4 J1 AND VERA L. LYI 1 5d DECLARATION OF RESTRICTIONS
6 i THIS IR.REXOCABLE OFFER AND DEDICATION OF PUBLIC ACCESS EASEMENT ANI
DECLARATION OF RESTRICTIONS (hereinafter "Offer") is made this 8th dal -
April . 1981, by JACK M. IzgTH ad VERN MAWON 8 -
(hereinafter referred to as "Grantor").
X. WHEREAS. Grantor is the legal owner of a fee interest of certain re
properties located in the County of san mego , State of Ca
and described in the attached Exhibit A (hereinafter referred to as ,the
"Property") ; and
11. WHEREAS, all of the Property is located within the coastal zone as
in Section 30103 of the California Public Resources Code (which code is
hereinafter referred to as the "Public Resources Code") ; and
l7 11111. WHEREAS, the California Coastal: Act of 1976, (hereinafter referred
l8, '
by the Commission or Regional .Commission must be consistent with the pol 21
(hereinafter "Regional Commission") and requires that any development a1 2o
as the "Commission") and the San Diego Coast Regional Conpissior l9
the "Act") creates the California Coastal Commission (hereinafter referz
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22 ljof the Act set forth in Chapter 3 of Division 20 of the Public Resources
23 land
IS
'' IV. WHEREAS, Pusuant to the Act, Grantor applied to the.Conunissian or I(
ti ii .. 25 ![Regional Commission for a permit to undertake develohment as defined in
I. 26 'within the coastal zone of San Diego . County (he
I* 27 the "Permit") ; and
c;:~.,~, DURf A? ;# OI WPLR CALtIDYNIA :
I ;e
ll : a 1917
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I 1 "v. WHEREAS, a coastal development permit (Permit NO. F9661 1 was
2 granted on March 20 , 19 - 81 , by the Commission in accord&
3 with the provision of the Staff Recommendation and Findings, Exhibit 8,
attached hereto and hereby incorporated by reference, subject to the followinc
Tne applicant shall execute and record a document, in a form md the Fxecutive Director of the Ccannissiun,
ive Director, an easement for public access recreatiml use along the shoreline. Such easement shall be
shall be recorded free of prior liens except tax liens, and free of prio:
ate to a public agency or private asso-
ion of the lot seaward of the toe of the bluff. Such easemslt
es which the Executive Director determines may affect the
The offer shall run with the land in favor of the People of the State of essors and assigns of the applicant or landlord. dicatim shall be irrevocable for a period of 21 years, running from the date of recording.
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his requirement for an
&and aqy prescriptive
public;- ..
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VI. WHEREAS, the subject
offer of easement shall neither diminish nor
rights tsfii-ch may have been'established by the
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property is a parcel located between the first I 20 public road and the shoreline; and
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' VII. WHEREAS, under the policies of Sections 30210 through 30212 of the
I California Coastal Act of 1976, public access to the shoreline and along the I
~ coast is to be maximized, and in all new development projects located between
I 1 the first public road and the shoreline shall be provided; and
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VI11 .WHEREAS, the Commission found that but for the ,imposition of the above
condition, the proponed development could nqt be found consistent with the
public access policies of Section 30210 through 30212 of the California Coast
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Act of 1976 and that therefore in the absence of such a condition, a
could not have been granted;
IX. WHEREAS, it is intended that this Offer is irrevocable and shal
enforceable restrictions within the meaning of Article XIII, Section
California Constitution and that said Offer, when accepted, shall the:
qualify as an enforceable restriction under the provision of the Cali:
Revenue and Taxation Code, Section 402.1;
NOW THEREFORE, in consideration of the granting of Permit NO. 5
to the owner(s) by the Commission, the owner(s1 hereby offer (5) to dec
the People of California an easement in perpetuity for the purposes 0:
public access and passive recreational use along the shoreline
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located on the subject property seaward of the toe of the bluff
and as specifically set forth by attached Exhibit C hereby incorporat
reference.
1. BENEFIT AND BURDEN. This Of fer shall run with and burden tk
and all obligations, tern, conditions, and restrictions hereby impose
be deemed to be covenants and restrictions running with the.land and s
effective limitations on the use of the Property from the date of recc
of this document and shall bind the Grantor and all successors and ass
This Offer shall benefit the State of California.
2. DECLARATION OF RESTRICTIONS. The Grantor is restricted fron,
fering with the use by the public of the area subject to the offered e
for public access. This restriction shall be effective from the time I
recordation of this Offer and Declaration of Restrictions.
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.& ' '11 . 1919
3. ADDITICNAL TERMS, CONDITIGNS, AND LIMITATIONS. Prior to the openin
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
4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions i:
nvalid or for any reason becomes unenforceable, no other provisiol
reby affected or impaired.
5. SUCCESSORS AND ASSIGNS. The term, covenants, conditions, excestior
and reservations contained in this Offer shall be binding upon
the benefit of the successors and assigns of both the Grantor
tee, whether voluntary or involuntary.
6. TERM. This irrevocable offer of dedication shall be binding for
21 years. Upon recordation of an acceptance of this Of fer by the
s' Offer and teLrnrS, conditions, and restrictions shall have the
grant of access easement in gross and perpetuity that shall run
d and be binding on the parties, heirs, assigns , and successors.
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kcceptance of the Offer is subject to a covenant which runs with th
providing that the first offeree to accept the easement may not abandon
but must instead offer the es.ement to other public agencies or private
associations acceptable to the Executive Director of the Commission for
duration of the term of the original Offer to Dedicate.
Executed on this Id day of &&,mat r &afl
/ pmp:" li"t.-.1. /3, mY /h f d24" r";
TO 1944 CA 16-74)
(Individual) 1921 gj AND TRUST - rmE INSURANCE L- -
STATE OF c L } ss. ATYORODUP*WI I
j.
'_ COUNTY0 i,
executed the same.
WITNESS my hand and official seal. ,(
(This area for official notarial se01f
20 instrument and acknowledged to me that they executed the sme. I \
Ib?. 21 u
4 11 '(,
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Witness my hand and
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'st above vritten. 0 % Q
official seal the day and year in this ce&ifi
State of California
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DOROTHY R ALEXAb *OI*ln W0LY - CALICC
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Acceptance of the Offer is subject to a covenant which runs with the lan
roviding that the first offeree to accept the easement may not abandon it
t must instead offer the easement to other public agencies or private
ociationt acceptable to the Executive Director of the Conmission for the
ation of the term of the original Offer to Dedicate.
Executed on thio /&, &y of &a//wat Y H- >
j @i@fhP- p*
Signed ,I4 rm
%Y>'k7 d JACK M. RUM fl$z/ '
Y
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State of California
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0 192% 0 .
1 This is to certrfy that the dffer to Osdicate set forth above datec
21 April 8 1 19 81 , and signed by JACK M- ROTH a
3
7 California Coastal Commission coneents to recordation thereof by its du:
6 ment Permit NO. F9661 March 20, 1981 and 1
conferred by the California Coastal Commission when it granted Coastal I 5
'officer on behalf of the California Coastal Commission pursuant to authc 4
' VERh! MAGISON l ovnelr(s1, is hereby acknowledged by the undersigr
on r
authorized officer.
9 Dated: I Mqy /'I % 14U
10 ' A D.6h.h Tow&( 11 Califoda Coastal Commission I 12
for said Statq, personally appeared J4ewl D &%dl7 15
On /1/.v IT \fY/ , before the undersigned, a Notary Public 14
COUNTY, OF SAN FRANCISCO 13
STATE OF CALIFORNIA
16 Ley41 r -smel , known to be to be the -e- a~( 4 J,Z~ u Title 17
18.
of the California Coastal Commission and known to me to be the person wk
executed the within instrument on behalf of said Commission, and acknow!
I/ '/il
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to
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me that such COmmiSSiOn executed the same.
Witness my hand and official seal, &&& -.
rY Public in and for saj
NOTARY PUBLIC-CALIFORNIA County and State
CITY AND COUNTY OF.
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Lot 18 of Tierra Del Oro Subdivision, according
to Map thereof H0..3052, filed February 4, 1952,
in the Office of the Recorder of said County, and
cormonly known by the street address of 5005 Tierra
Del Oro, Carlsbad, California.
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L;AT~*~F ,c~~:fOf't~lA-CA~l~~~~Nl~ COALTAL C fI'jL!D?J
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51 34 MIJ:~~': GOCCE ROAD, SUITE 220 (p 3'. ! I i.; , * - 1924 6
SIN @!KO, CALIFORNIA 92120- TCL. (714) 28MW2
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SA;^ pjLzO' COAST IIXIO:\IAL CO::,/;. ..dti
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m=rp ~. COPISZ!IT CAL,EI,:D1'?I?
APPLICATION SUi.X.L-\i<Y
COI!TXOL
KC . " PROJECT DLSCRIFTICN - .
~qC61 7 Major remodel 3f existing single-fanily residence consisting of TI1 demolition of 633 sq. ft. of existing structure ,z>d new construction
of 1334 sq. ft. of living space. The resulting structure will.bc
a 2,501 sq. ft. split-level single-family residence.. -
Let area 14,150 SG: 1: t -:I
Wding coxrerage 2 0'75 sa. ft;. 15;5
Faved =e?. coverage mri- (c0 - mdscc?.pe and unimproved area 11,0117 sq ( ?q!!,
Parkkg 2
Genera plan r Pro jed IXnsity Hgt. abv.avg. fin. grade
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zoning H-1
SITE;: 5W5 Tierra Del Oro Street, Carlsbad (APN 21010%18)
PppLICAIm: * Jack Roth and Vern Magnuson AGENT: Carl Reixholz, A.I.A.
6987 Los Tilos Road 1125 Camino Eel Mar
Los Angeles, CA 90068 Del Mar, CA 92014
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CONFOrrt.IAMCE WIT11 THE CALIFORNIA COASTAL ACT OF 1976:
The proposed dsvelopment is in conformity with the provisions of Chapter 3 of
the California Coastal Act of 1976, and would not prejudice the ability of any
affected local government to prepare a Local Coastal Program that is in con-
fornity with Chapter 3 of the California Coastal Act of 1-376. There are no-
feasible alternatives, or feasible mitigation measures, as provided in the.
California Environmental Quality Act, available which would substantially
environment . (***SEE SPECIAL CONDITIOKS***)
- lessen any significant adverse impact that the developnent may have on the
CONSIDEilATIONS:
Tierra Del Oro is ?I 21-lot single-family residentia1:scLbdivision on a "T"
street betxeen Carlsbad Blvd. and the sea bluffs. Thirteen of the lots have sea
frontage, acd all of these have single-family residenccs except for the two lots
' ediately to the south of the s-abject site. Ccnstruction of a single-family
dcnce on the lot to the south adjacent to the subject site was recently WPrc
he Commission (F9505). The subject site is south of undeveloped SGG&E bcach-
lands and Carlsbad State Beach.
3-09-81
TH:am .
(SPECIAL CONDITIONS - next page)
0) mff/G/T-C
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I. /c B 192s 0 ,!:.:At ctlcndar - Applicantion Sunxary
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?&-,<jC 2
~);e pZCF9Sed project Consists Of demolition of a portion of the seaward en< l
thc existing single-family rcsidenc'e, and new construction.of 1,334 sq.ft. o
new living space. Parking consists of the existing 2-car garage. The n2w
;idaition includes a second ston.
The project proposal oriyinaliy included a 6-foot hiqh chain link fencz to b
co:lstructcd on the face of the bluff. The Commission finds that. special cc;I
tions 3 and 4, which prohib-t the erection of the fence or any other structu
seaward of the walkway near the residence will help ensure that the visual a_
of this coastal blaff is maintained. An existing stairway, which consists o
wooden steps a::d does not hzve any handrails, is located along the southern
ary of the subject lot along a portion of Lhe face 02 the bluff. This stair
is relatively inconspicucms, and can rernain in its present forn on the h3.uff
area, although alterations other than simple maintenance to these stairs VOU
bc prohibited.
The development is located on an unprotected bluff, and may be vulnerable to
hazards from stormwaters, Special condition #1 ensures that the applicants
aware of potential dangers and that they relieve the Commission of any iiabi
This proposed project is locaired between the sea and the nearest public road
In acccrdan'ce with Coastal Act Section 30604ic), the Commission finds that t
project, as conditioned, conforms with all public access and recreaticn poli
of Chapter .3 of the Coastal Act. Coridition ,#3, which requires the apslicant
dedicate that portion of the lot sezward of the Sluff, will ensure that ado,¶
lateral public acce5s will exist.
Vertical access to the beach fron Carlsbad Blvd., is situated approximately
feet to the north. Thus, approval of the project is not expected to impact
access to the beach.
The proposed structure is set back within the "stringline" between existing
velopment on either side.
The proposed single-family rssidence will he conpatible in scale and charaot
with surrourding developmnt. With the attached conditions, no adverse impa
to coastal resources are expected to result from approval of the project.
, SPECIAL CONDITIONS:
1. Prior to the transmittal of a coastal development permit , the appli
shall sdmit to the Executive Director a recorded d.eed restriction
binds the applicants and any successors in interest'. The deed rest
tions shall provide: (2) that the applicants understand that the si
may he subject to extraordinary hazard from erosion and landslides
caused by waves from stanns and the applicants assume the liabilitl
from those hazards; (b) the applicants unconditionally waive any
claiTn of liability on the part of the Commission -
(Special Coqditims - continued next page)
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.:;.;;cItAL CONDITIONS - continued:
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w for any damage froa such hazards; and (c) the appli cznts
understand that constructipn in the faze of these probable llazarcis
mzy make them ineligible for public disaster funds or loans €or
repir or replacement of the property in rhe evczt of storms.
@,ffer to Dedicate and Deed Restriction for Lateral Fcckss: Prior
to the issuance of the permit, the Executive Dir3ct2r shal.1 ccrtif
in writing that the following cor.ditica has been sLtisfied:
The applicant shall execute and record a docunent, in a form
and content approved in writing by the Executive Director of
the Commission, irrevocably offering to dedicate to 2 p&lic
agency or private association approved by tho, Executive Direc
an easernent for public access axd passive recreational me al
the shoreline. ~?5ment"i"Y.. " &tF2!3 ..
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. __"" -. - .." *: * "_ . I su easement shall be that portion of the lot sez#:ard of the toe
, ' the bluff. Such easement shall be recorded free cf prior lie
except tax liens, and free of prior encumbraces 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 Califorcia, binding s.ucc-:ssors and assigns of th
applicaqt or landowner. The offer of dedication shall be ir-
revocable for a period of 21 years, such period running from
3. Prior to the issuance of the pernit, the zpplicant shall record an
irrevocable offer to deciicate to a public agency or to a private a 9 > an open space easement over th area between the toe of the bluff
thekesfern edge of the concrete walkway, as indicated on E>rhibit
attached. Said open space easement shali prohibit any alteration
of any type,. unless approved by the California Coastal Commission
successor in interest.
The offer shall 'be irrecovable for a period of 21 years, shall run
in favor of the People of the State of California, tlinding SUCCESS
and assigns of the applicant and/or lan?owners, and shall b2 recor
prior to all other liens arjd encunbrancss except tax .liens. The o
to dedicate shall be in a fcrm and'of content acceptable to the
Executive Director.
Prior to issuance of the development permit, the applicant shall s
n agreement which indicates that the proposed six foot'hiqh chair:
cnce (as proposed in the application! will not bc? constructcd on
ea of the site seaward of the proIJoScd cezcnt wzdkmy: that area
special conditions #2 aril! $3. Thc aqrcexcnt shall be s&mittci
iswcd and dctcimincd adrquatc in writing by +he Executive Dilcc
(YJ -Po Q land forms, placement or renoval cf vegetation, or erection of str
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K3ry Ccs?cr
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JOSqiI Francis
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Gcrdarl ?,7i11?-c?x
J\Dllii~P~i)~I~~I TO I'EK.:TT .4?P
C0R:TROS 1:o. / [I 3 ,,I/,
I)iCCLIRnLTICl:? OF CA?TFXG?J CCMTi;?'li3U'iIOil'S
?.;le c~~r,-Lssj.o~-!'s confj.ict of j-nterest rcsslations prohibit any comissioncr v~t:
project if he cr she has remix-ed ca::!paiy: ca;ltril=a'iicns of $109 or nor? \:ith<n
ye?..: (bit Ilot before April 17, 1980) ; from project propmen'is or Oppot?cilts, the
enplcyees or family, or any person with a financial irlteresr in the project.
In the event of such contributj.ons, a com.2insiozer must d,isqualif:T hin; or hers2
voxir.g on the p'rolcct; kclilu~:e to uo so nlny lrac to resocztion of the pc:r::lic.
The aA3p1.icant must declare helcw- wlicthcr any such contributions kave beer. made
OS the co:m:iesioners or alterna-tes listcd dmve.
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CHECK ONE
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flie applicants, their ay;eDts f cnpluyces, fami iy
ancl any ~->~I:SOII :vit.h 2 fizlancial i.!lterest .in the
project. IIF\E NOT CC)YTRIFXTEg SlCO or stlore tc, my
Comztlj ssioner *citIlin the past year. (Cr,mkrihti~:~s
recc.ivc?d prior ta April 17, 1980 arc exenpt. 1
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U I-:> I*.C applicants, their ncjcpts f cI;q>lo:Ye.e?, ;ind/or
f;miIy, anci,/or aliy ~CTSO-~ 11avi;1q J financial.
j.~~+:~~:~s~ i.1 t11c p~-"jc>ct I:?.VX c;c!~';'RI !<L!:i'Ei) $2 00
0% nort: tn tkp cc.1mis:;ioncr's li ~kcd bclow .""_ "" -
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g& within t.Irc? pask ycar. (Cont.ri.Sut.ions rcceivc.4
prior to k.pri.1 17, 1.3EW hrc cxmpt. 1
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Recording Requested by and When Recorded Mail To:
~ . .!
I .- - ::lzg 3fj ir .*, "."i 'G 1
City Clerk
City of Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
\:. . ,. . 1 cce-;; ; .. - !' + .. . ..
CERTIFICATE OF ACCEPTANCE
This is to certify that the Cj ty of Qrlsbad hereby
accepts the Offer to Dedicate for Permit No. F-9661 Executed by:
Jack M. Roth and Vern Magnuson on April 8, 7 19s
and recorded on May 29, 1981 As Instrument No. 81-167629
of the Official Records in the Office of the Recorder of
San Dieqo County.
May 26, 1988 F2fTA-y , City lerk
Dated For The City of Carlsbad
STATE OF CALIFORNIA )
COUNTY OF 1 ) ss
On May 26, 1988 , before the undersigned, a Notary Public,
personally appeared Aletha L. Rautenkranz 7
/X/ personally known to me
/ / proved to me on the bssis of satisfactory evidencf
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.
..............................
% *FFICIAL SEAL g * KAREN R. KUNDTZ t * NOTARY PU~LIC-~IFO&A *
* MY CMm. EXP. SCM. 27. 1% t *******a**********************
* SAN WEGO CWNTY g
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"This plat is for 1 our aid in locating your land with reference to Streets and other parcels. While this plat is believed to be correct, the Company assumes no liability for any loss Wxuning by reason of reliance thereon."
TlERRA DEL OR0
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GUARANTEE
C-619 343 -- LlAHlI,IlY $ 6,000.00 KO."- FEE $ 60.00
SAFECO TITLE INSURANCE COMPANY
a corporation, herein called the Company,
GUARANTEES
CALIFORNIA COASTAL CO~PfISSION
hereir~ called the Assured, against actual loss not exceeding the liabilily amount stated above which the A
shall sustain by reason ot any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named or
referred to in Schedule A or with respect to the validity, legal effect or priority of any matter
shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by
the. Assured because of reliance upon the assurances herein set forth, but in no eyent shall the
Company's liability exceed the liability amount set forth above.
Dated : March 27, 1981
&-%& Sccrctory
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An Authorized Signature
CLTA C~~nran~e~ Fnre Pam I Rev 6-8-71 )
e 0 ,I
SCHEDULE A
KO C-619343 ..
The assurances referred to on the face page are:
That, accortlinC to thosc p~hlic records whic.11, rlntlcr the rwortlitl:: laws. itn1l;Irt cmlstruc,tive
notice of matters relating to the interest. it ally, which was
BEN V. COSTANTINO AND JOAN C. COSTANTINO,
husband and wife as community property.
pursuant to a
in and to the land described as follows:
Lot 17 of Tierra del Oro, in the City of Carlsbad, County of San
Diego, State of California, according to the Map thereof No. 3052,
filed in the Office of the County Recorder of San Diego County,
February 4, 1954.
EXCEPTING therefrom that portion now or heretofore lying below the mean
high tide line of the Pacific Ocean.
Only the following matters appear in such records suhsequent to
Grant Deed of Record -
March 10, 1977 ". .
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1. A Full Reconveyance recorded June 5, 1978 as File No. 78-231439.
2. A Agreement Imposing Restrictions On Real Property, recorded December
31, 1980 as File No. 80-440268.
3. A Irrevocable Offer To Dedicate, recorded February 10, 1981 as File
NO. 81-041445.
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This Guuruutcc tlocs 1101 cover:
1. Taxes. assessments and matters related thereto.
' 2. Instruments, prorcedings or other matters which do not specifically describe said land.
CHAIN OF TITLE GUARANTEE CLTA Guarantee Form No. 6 (Rev. 9-12-68) P-238 (G S )
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@ ( ':94 "e --- 81-043 -
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REC,'7Era -. -. 11
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4ecotain5 F.~.;LCS~.EC! 3y: -,,>: c: ;.L ;:tiIT E'
11 c2,i~or~~~ Coastal cmzissicn ,. FEB 10 io. 35 f,/{ '. Lb ? I1
L ,; state cf califorr.ia
9 11 631 Eokvard Street, 4ck ylcor -c1 u, .;, I
. I/ Sa,?. Franclcz, C;lifcr;=ia 94=35
3 !I
-4 ' OFFlCll,L ZIIZ~RDS AH DIECC cL.~NTY, CA, .VERA 1. LYLE &A8 : RECORDER
4; - 2 Is84
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6 1 Ii?RF;CCABLE OFFER TO CZ3T'ckTZ
87! I.
hTEFEAS, (I) &fi fi &?L+dn/,nC i J'Yltf L; (03 &7Ajac
. 8 ! ,=he record. o.G.er(s) , tsreinafter referred to as "ctmer (s) " , 05 the re
.3 11 proer",y located st (2) 52704f cd/TCC Dc' f orcj, &q//!&&( -fdm i ic 1 -
11 I California, leqdly described as partizalzrly e?:", forth in attacked ! i
1% =:hibit A hereby izcorprated by reference, 2nd hereinafter reffrred HL
1; 1 IT. hi-iZFSAS, the Cslifcrnia Coasc-a1 Comlssion, (3ai &m D/ef pi
ils&ject ?rossrt.y" ; acs
15 i Cazst Regional Ccmission, herehefter referred to as "the Codssiol
191 =v* \Frzm, pu=suant to tk California CG2St3.i Act of 1976, tke
'" i
21 j J 33ccoo E,. &. s,J?g/c*Lm4 /Y,'&4ni4 6.GC4' AJr/nCH.C $ 9
22 ii * 4 6- bGCdfl4 6r.ccd&"2 /d c
23 I/ or; cke sc.b ject Gro,-erty; and Jj
16
18% in tks lands soaxar3 cf the nean high tiee Line: end
IIi, 'XiEFZAS, the Pecple of the State of Caiir'crzia have 2. legal i 17
acting on behalf of the People of the State of California: and
1
en 11 a+iec! t.o the C&nissior. for a coastal develoone-rlt permit for (4!&
24 \ v- XEIERS, a coastal develogment permit no. (5)f q.05 was g:
25 1 (6) DFrLpasbr 19 ..
" I!& , by the Comdssion in accl
I 3 . .-. 2s 11 ths >rovfsioas sf tyiP Stafi 3kcomr;e-dation 2nd Findiws (7) ". Exhibit
27 i // I t
5C? 11 COL'RT ?&PF% w4-r 0- cA-,raarlr I: 5,~ 3:~ ,rtv *f:.
I-.'. ' : I a( 1495 @
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COURT P.\PEQ
8TATE Ot :\.:?OR1111
$TU 1 13 6 qLY 3 '21
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I attHchrd hereto and hereb- incorporated by reference, subject to the fDllDt
concl.;.tion: (3) - That pwokro transmittal of the permit, the permittee shali" -
record the following restriction against the subject proFcrty:
Pennittee agrees to irrevocably offer to dedicate to a public
agency or private associatian approved by the Executive Pirector, 1 of the San Diego Coast Regional Commission or its successor in
~ interest, a.n easement for public access and recreaticn on that
portion of the pemittee's property seaward of the toe cf the
bluff. This easement shall be free of prior liens an2 encun-
brances except for tex liens. In no case shall this easement
be construed to allow the public to climb upon the bluff or to ,
use that portion of the permittee's property easterly of the
toe of the bluff. The irrevocable offer shall be binding on
the perinittee's successors in interest and any subsequent
.purchasers of any portion of the real property.
"
VI. ~XEZEAE, the subjact FroTerty is a parcel located betveen the fixst
p5lic road and the shoreline; .ad
VI=. WHZREils, mder the Folicics of Sections 30210 through 30212 of the
California Coastal Act of 1976, public access to the shoreline and aloilg
the coast is tcl be maximized, and in all new development projects locate6
t.
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jetween :\e first public road and the shorelh-e shall be provized; and
VIII. WHEELS, the CcriDnission foucd that but for the imposition of the abc
con<icion, the pr~ps3:8 devl-.losmeu: cci~ld rxi be Z0ui-Z c~~~s;s~PI','L with Lhe
puSli= access policies of Section 3C210 through 30212 of the Califcrnis
Coastal Act of 1976 and that therefore in the absence of such a condition,
a ?eznit could not be have Seen granted;
//
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'$ I/ ' ai e. /I . 1456
I I/ NOW T?EEFG.CE, in consideration of the granting of pernit no.
2 ( 9 IF 93'5 to the owner(s) by che Commission, the owner(s1 hereby /i --
to dedicace to the ?ecjple of California an easement in peqetuity for
4 purposes of (10) PAL c 4/i?FSI &,[.' f/[)fl&, d ,-/,
5
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6- 317 '- *
located on tFle subject property (11) " -
5&i?cu/Rn/' 07f 4.L. 4-e '74 414 A*
and as s9ecifically set forth by attached Exhibit C (15) hereby into
#
This offer of dedication shall be irrevoca5le for a period of
12 ,me (21) years, measured foward fron the date.of recordatim, and shs
13 !binding upon *he owner(s), their heirs, assigns, or successors in iaz
14 1,the subject property eescribed &cve. The People - cf the State of Cal I'
15 i shall accept, this offer thrcugh the (13)
16 the local government in whose jurisdiction the scbject poperty lies, i /x? n$Zflc&
17 a p&lic agancy or a private association ,acceptable to the Executive il
18i of the Commissicn or its successor in interest.
19
20 ,I //
//
21 'I ! //
22
/i 23
//
I 24 !I // 1
25 li // I
26 I //
27 jl//
COURT F4PbR /I
ST? 113 ,ncv. a.72.
6tl.ZL UV CAL.?OI'+14 il e-? . ll -3-
I,
'. I*, .( 149'i. , 1.
1 AcceFtznce of tf.5 offer is suhject to a covenent which runs with the
2
4
it but musc instead offer the easement to other public agencies or private 3
land, providing that the first offeree to acceot the easement may not &ando
Executed on this 26h day of January , 19*l , in the City 8
heirs, an6 assigns. 7
once made shall run with the lanc? and shall be biding on the ohners, their 6
Curation of the term of the origina.1 offer to dedicate. The grext of easems 5
associatims acceptabie to the Executive Elrector of the_ Commission for ths'
, .3 , county of Los Angeles
" .. ..
lo I 11
Dated : "
Signed J c ,~~~.~~~//
(OWNER 1
12
13
14
15
26
17
"_ .
STATE OF CALIFORNIA
e BEN v. C~NSTANTINO
,(I ;' ; ciu i / &+- f J-6 .* u
./
, :
I/~oAN c. CdSTAdNO OWNER
a 18 COUNTY OF LOS ANGELES
19
21
and for said State, personally appeared ***BEN V COSTANTINO AND JOAN C 20
On January 26, 1981 , before the w.dersigne3, a Not-lry FuSlic
.. .~ . . . .. .
2zl .
-***** , whose name(s) are subsczibe2 to the ._ . ..
within instrument, and acknowicdge that they exeected L\c same.
23
24
25
2e
27
COURT PAPtW
?TLTC cc CA11r0*114
STD. I13 19EV. 0.7Zl
//
1 ::
I
~dtary ?qi% in anc for said County and ~
MARY LOU IMAN
WQTM WBUC - CALIFORNIA
Los AmuL8 mum R1INCWAL bmCC IN
I NY Commission WmJune7,1984 1
Mar4 LOU Iman
-
C.. ll -4-
- - .. .."" .-.. - -.-._-. - .".. -. "
.( . .
1
2
3
4
5
6
7
8
'I I
I
> (e' 1-4 9 8 a
ThFs is to cezify ti%-t the offer or' Cedication set forth ahow 5ih?"T 26,. 19 81 , ad signed by& #t +&A
i IL Toad c, hrn&AkflD - , owner (s) , is hereby achowledged by '
undersigned officer on Sehalf of the California Coastal CoKmiSSiOn p'
tc authority conferred by the Califorzia Coastal Commission when it l
~ Coastel Development Pernit No. f 750 5 on 1 I
' Califortlia Coastal Commission consents to recordation thereof by its
~ authorized officer.
/. '
I
9 11
LZ I
I.r2 I I
11
13
,14
15
16
17
18
I.g 1
21 '* I I
Bate3 : u M .3?, /?a /
eYAJwA I( w f9Y,A(. .a California Coastal Coxnnission
STATE OF C;ISIPORNIA
CObXTY OF SAN FRANCISCO
On T~/J a, /w/ , befcra t3e undersigned, a Notary F
and for said State, personally zggszzed ' AdnQ
knawn to me to be the &Ap /;7,<Af+
of the Califonia Coastal Commission and known to me to be the persc
executed the within instrment on behalf of said Commission, and ad
to me that such Conmission executed the same.
Witness my had ad official seal.
1 I I
FAY THOMAS
24 I I CITY AND COUNTY OF,
25 I SAN FRANCISCO ! My Commission Expires Dec. 14, 1984
261 4 I- . .- .. x, 1. - .-
27
COURT PAPER
Sro 1\3 IWLI d.721 ETCTL or CAL:?CIINIA
n.r
I 1
I
-5-
..
" . . ". . - -. , . -. -. . . . , . . " r
.. ;-hTi 3: '-Aii!'<%dl/ -<A[t:W!d!A CfrP.STAl ((I)/ . .iS 15GO i) ""."""__ _. "". .___ ""."" - ---_ """
E3AUN3 G. 5;.G\'+N ;s . c - -. - - - - - . - - - - - - - . - "_ - - - - " - - - - . " - -. . - ."_ .- "" :"-z."z I -s!-lr= -.
$& !.J...a;4J CS&f i." '"?
,:. ,- : i,, *I ,.-c cry,. -I 8 9 $I<ft.-G>';
>b.-.d;....~. CQ:rds.re,.a\a%
L):-* i.'tln;irK &'l:?zi;E q;Ua, x:r< 212 Q
Ed/&- fh s.&'; &?':LL!, Q,c:criiu;i 32126- Ei (71 q 2zs5??2
F~COIWEi4DZ~TrON At33 TIN3TX.u'SS """" " . 5
COi.:TR3;, Kc) : F9505
APF'L:CAII';': Ben V, and Jcxr: C. Corstantiao
2806 Pinelaw) Drivz
La Crescmta, Cli 92174
LWT PAY FC.2 DATE 01'" PUBLIC
AC'1"ICF: : December 23, lEEO €:CACIT;S: DeceiTLSer 5, 1999
VGTE ?.TQ!IIX.? : Majority of COITZI~SS~CR menlbexs pre.sent at meeting vi.tP. & q
Eezessary zcr actlo.? ('i com.jssioners ccnszitutc a guoxmj
C!S!.I;.!IEsI,c>Ii?RS -\~~~~~~
AT PL'ELlC Y2ARI::G : Eckert, Francis, GalScson, Gotch (portion of hcarinT),
Ikdgecock
CTrnRS wiI.3 SPOKE OR OTHERS SUBXITTING WRITTEN
' psSISTf?&.3 ~CI SZE.m C3>lT4iSJTS AT OR PRI9,h TO
AT PUBLIC IIE;.RIf!G: .. PuEjLIC IIZAXINC; :
Anne Omsted & Joan Jackson
(Sierra Club)
PROJECT
WKATi 03 : 5009 Tierra del Ore, ne= Carlsbad Blvd./Canzon RGzd -
intersectLon, Carlsfjarl (APN 210-020-171
PEOJECT
DESCRIPTICN : .. Construction of a 3,600 sq. ft. single-family residence,
(includes basemcIlt and garage) on a vacant beachfront lot
Lot area
Building coverage
Paved are>. covcra.qa
Lan6scape coverage &
cobhly heach
Parking
Zoning
General plan
Project density
Hg t . abv. svg . grak
33,400 sq.ft.
2,652 sq.5t. (20%)
600 sa.ft.( 3%)
10,142 sq.ft. (76%)
2
R-1
Low-mcd. Residential .
0-4 du/ac '
3.25 du/ac
20'
/'
.- -
Zi!3DiTi3W!L SUBSTANTI'JE
FIIE DI)CUNE?JJTS: Letter fron Siang Tzn, Div. Mines a~:d. Ceolpgy.
I, z 8 -2-J
"- ""
"""""" -.. RECCI~~.~I:ML~~rIC):: : - . ".-, .. - __.. . .
st;=ff rcco;lt?lnnd3 that th;: Sar Ijfcqo Cor?s'i Reqiorial "Pmissi0.l ISSUY a
dcvd.ornncl~?: pemi t. foc t::e prq:o.c.;ed prcjis'ct mbject ~O.@II- follpwing special.
coaStions: 12-12-8
...
fSp~ci:i'll Conditions co1;tj :~wd next page) TH ; an\
.. a> 0 m
‘! (
Recormendation and Findings
F3505
Page 2
1501
“”_””
SPECYAL C3YGl “IOXS :
1. (a) - That pricr to transmittal of the pennit, the permittee shall
record the following-restriction against the subject property
Fermi.ttee agrees to irrevocably offer to dedicate to a public
agency cr 2ri::zt.e associati.on approved by the Ex?.r’utivc D:.~-cc
Of the Ssn Diago Coast Regional Cormnissiorl or its successof i
interest, an easemernt for public access and recreation on tl-~~
pcrtion of the pernittee‘s property seaward of the toe of =:.le
bluff. This ezsemcnt shall be free of prior liens an& exxxo.-
LLLL~S ar;cepL fGr ~CIX iirlls. In 110 case snail this sasement
he construed to allow the pEblic to climb upon the bluff 01- t
use that portion of the permittee’s property easterly of the
t.oe of the bluff. The irrevocable offer shall be bi’nding on
the permittee’s success3rs ir? interest and any subseqzent
purchasers of any portion of the real property.
(bj - “Prior to the transmittal of a coastal developnent permit, th
applicant‘shall submit to the Executive Director a tied re-
,. ’. striction for recording, free of prior liens except for tax
liens, thtt binds the applicant my any successors in inter-es
The form a?d content of the dezd restriction shall SE scSject
to the review and approval of the Executive Director. Tne
dsed‘ restriction shal!. .I-rovide (a) that the applicants under-
stand that the site may 6CsUbject to extraordinary hszard
from erosion and lwdsiiaes caused by waves from storms, an2
the applicants sssune the liability frcm those hazards; (b)
the applicants anccnditionally waive any claim of liability
on the part of the Commission of any ottier regulatory agency
. for any damage fron such hazards; and (c) the applicants undc
stand that construction in the face of these probable hazard:
snake them ineligible for public disaster funds or loans
for repeir, rsp:.acenent, or rehabilitation of the property ii
the event of ‘sKonns 2nd landslides.
(c) - That prior to transmittzl of a building pemtit fron the City
of CarlsLad, the applicant shall have the building plans for
the proposed project (including a foundation plnnj reviewed
by the Division of Mines and Geology. This OffiCiai COm’rEnt
frorfl the Division of Mines and Geology Shall be Scbnlitted
with the tuildicg permit application for Subsequent zeview
b- the City of Carlsbad Building Department.
-3- -
./ Recomnendation and Findings
F'3505
Page 3
15J2 a ,*
FlNDINGS : ""
1. Conformity vitk the Provisions of Chapter 3 of the c:Aliforpic Coa,ctRl
Act of 1976 - Section 3iyG4(a) of the California Coastal Act of 1976 requires
that the Regional Commission find, prior to issuance of a pernit, that the pro-
posed developmerit is consistent with the provisions of Chapter 3 of the Coas+-al
Act. The Commission finds that this proposed development, as conditioned, is
consistent with the Chapter 3 policies. Additional consistency finds are made
below.
"-
A, Public Access - The Coastal Act statrs:
. Sectior! 30210 - In carrying out the requirement of Section 4 of the
Article X of the California Constitution, maximum access, which shall
be conspicuousiy posted, and recraation opportunities shall be pr-o- . vided for all the paople consistent with public safety needs and the'
need to prp'tect public rights, rights of private property owners, and .
natural resource areas front overuse.
Section 30211 - DeVdOFXIent shall not interfere with the public's
right of access to the sea where acquired thrcugh use, custom, or
legislative authorization, including, but not limited to, the use
of dry sand and rocky coastal beaches to the first line of ter-
restial vegetaion.
Eccticz 30212 - 2uXic access fro= the nearest public rc;ii!way to the
shoreline and along the coast shall be provided in new development
project; excep% where (1) it is inconsistent with public safety,
military security rreeds, or tfio protecticn of fxagile coastal re-
sources, (2) ~dcgrjate accesz exist.s nearby, or (3) agriculture would
be adversely affected. Dedicated accessway shall'not be required to
be opened to pubifc use until a public agency or private association
agrees to acdcpt responsibility for maintenance aEd liability of t.he
accessway..
kn existing path on the subject site suggested that project site mag have heen'
:sed by the pxfjlic for vertical access to the beach from Tierrs d2l Cro. The
-.. scbjee: propcrry and tnc vacailt lot to the south arc both fenced off from Tier-ra
del Oro on the biuff top.
-3-
'. Racckmcndatior:2 and Tinding( 0 : ; &os -
Page 4
lSb3 e
The ap'licant has stated that L!le path has not been used recently by the puk
and that the existing path has resulted primarily fro3 pri.vate use . ACCCS
to the jeach fron Carlsbad Blvd. is lzcatc!d a;J.,:r;jx.iiwLtc:!.y L5C fcct to ?Iflc- 7;'~
The Comrrissicn finds that aFproval cf prc,posed p-oject is not e,:pected ta in
Vertical ptiblii: access to the beach dr;c to the nearby public access to the r
Spezial coniition 1 (a), which req1Jirfs the public decication of the beach ax
(west of the tGe of the bluff) , would ensure that lateral public access woul
be rmintained. Thus, %he Comission finds that proposed project, as condit:
is consistent. wit.f.1 Seccions 3G212, 3;23 l, a~d 3i!%12 which detail the mainter
of public iCCf5S to the sl.1.jx;.linz. .. .. ." .
F,. 2?.?i.i??? In,. C:avsI.@yrr?n'i azd Al.t.cr&tion of J,andforms. - Section 30251
I - "_ " tire C0ask.i A.zt Ste.l-.ES:
"
The scenic and visual qualities of coasts1 areas shall be .
considered and protected as a Xesarce of public importance.
Permitted deveiopent shall be sited and designed to protect
views to and along the ocean and scenic coastal areas, to
min!.nize the alteration of natural land forms,'to be
visually compatible with the character of SUrrOUAdirlg areas,
in vi~uaLly degrac?ed areas.
s and, where feasible, to restore and enhance visual quality
On residxtial dEVelopReIIts a1or.g the coastline, the Cemmission considers tl
aricntation of' a pxopqsed structure in relation to existing dwellj.nqs on eii
side. The propas& residence is se-t back far en3ur;h to conforn with the ex:
ing string line.
The prcposec! project will require,a "cut" into the slope of approximately 31
cubic yards. The bluff in this area was used as a amp area for the old hic
some years ago. The Comission finds that the "cut",wfiich is minor in scalc
would involve renoval of previous fill material, would not rapresent altera'
of a natural 'land form.
-
Thus, the Cossxi.ssi@n fines tha5 tfia pr~2osed project is consistent with Sec:
30251 of the Act, since the hcuse is set: hack far enough to'conform with thc
stringline and no signifj cazt nl.te~:aiion of a land fo,m will occur.
C. - Hazard from ICatre ?!t.tack - Section 30253 of the Coastal Act states: """
"New development shall: 41) Minimize risks to life 2nd property in
areas of high geologic, flood, arid fire hazard; (2) Assure stabil
sI-id strucrural integrity, and neither create nor contribute signif,
to erosion, geologic instability, or destruction of the site or su:
rounding area or in any way require the const~-uction cf protective
devices that would substantially alter natural landforms along blu
and clif is:
The applicant: suhzitted a geology report, which states the following in ref
to hazards from erosion:
-4-
, 0
(,
Recclnmenda tion and Findings
F9505
Page 5 .
1504 * ,.
"It is believed that the house is located far enmgh from the
beach and toe of the slope that erosion will not prsscnt a
problem. It is assumed that the neighbors would cocpcrara to
line the toe of the slope with rip-rap should the front change
for the worse in the future.''
Dce to the extensive erosion that has occurred to the beach profile in the
recent past, and because residents to the south hwe deemed it necessary to iR-
stall and repair rip-rap,. staff seeked additional input from the Division of
Minns ard. Geolccjy regarding any hazards from erosion resulting from wave attxk.
Mr. S?srA; S. Tm, fro31 the Santa A??a office of the Division ol' Xi zes and Gcolq;.,
visitei the sitc on December 8, 1980 (letter attached). He states that the site
and adjacent areas appear to have a history of increased wave erosion. The
mean high tide line has moved inland approximately 100 feet since 1933.
He further indicates that if no protective devices are installed, the anticipated
amount ~f wave erosion should be considered in the engineering design of the
proposed dwelling.
Condition l(c) requires the zpplicant to have the foundation plans reviewed and
c@m.-?ntcd on by the Givision of Mines and Geology, prior to SubgliiLting an asplica'
With the City Of C3XlSbed for a bu.i.1ding permit. The Division of Mines and Geolo(
has requested additional information needed j.r, order to complete a geotechnical il
VeStigatiOn of the-proposed site. It is thus suggested that the applicant submit
a 5JeOtCChliCal report (in addition to revised foundation plans) which indicates',
. bGt not liaitei to, the following: 2
:.I) An accurate topographic map of the site with cross-section(s).
(2) 3 slope stability analysis of the sea bluff based on results of a shear
(3) Calculation of the rate of sea wave erosion or anticipated amount of
test of saturated (soaked) native material remolded to native conditions
erosion during the life span of the proposed building.
I-.& 1A.C 2Xmission finds that this conditior? wj.11 help ensure that the Carlsbad Build
DsI:ari:IsiiC has received ample information znd recommendations needed for their
revi.ew of the proposed project.
In a4ditim the Commission finds that condition 1 (b) , a waiver of liability,
will ensure that the applicant is aware of possib1.c hazzrda and that the Conrmissj
wiil not Se held respor;sibl.c for any . future .- disastcrs.
The Commission finds that the proposed project, as conditiond, is consistent wit1
Section 30253 of the Act, which requires the Comnission to minimize risks to life
and property, and to assure stabilit.1 and structnral integrity of any. new
devc1op:c::nt.
2. Preparation of Local_Coastal Program - Section 30604(a) also requires
thdt a coastal developmc?nt permit shall. Le issued only if the Regional Corn;:?issiol
finds that tlrc permitted development will not pr-ejudice the ability of thc local
govcrnrnent to prepare cl local coastal Frogram (LCP) in confor-ni.t>l with tiic pro-
visions of ChaFter 3 of tile Coastal. Act. Construction of a single-family rcsi-
denco in this area OL Carlsbad will not prejudice & adoption of the Cclr] sba6
, . *x .( - <
. Recomnendation and Findings
F9505
Page 6
e 1505
3. Feasible Alternative or Mitigation Measures - Under the terms,of th
Cali-fornia Environmental Quality Act, the Commission must review any feasihl
alternatives or mitigation measures which would avoid any potentially signif
cant adverse environmental impacts associated with development, With the
attached special condiLions, the proposed project will not create any substa
impacts on the environment. Therefore, no additional alternatives or mitig2 - measures are proposed.
?JOTS ''IO /-??LTCt?.YTI' " . !2,3 CT,= ETE..3ST3 PE?ST.:S:
Color s'lices pertaking to this croject.nay be shovm tc the Coxiss
the cf the €'k.-d Vote. Those ~kdxin,? to see these SEdes, as wen as ot matclial received pursuant to- this ap@cation, are welcom to do SO at t
&,mnission*s ofr'ices prior to tine day of the Comission meeting.
DPGRTAK" :
All '&peds of Regional Comission decisions must be received Fn f
Commission office not later tha 10 v:or?zhg. dsys fmi5 'thc date of thc Reg
C,omission1s decision. Appeal €oms arc avaikkle at the Fcgional Cnzz5:
- 6-
. p,'fC)XYEN3AT;O>J & FIliDIXGS
PAk I 7 .-( -
I" 9505 '. 1Siii.5 0. i.
- IGOTICE to Ai-TI,IZ.';IJTS :
All psrmits granted by the San Diego Coast Regional Commission are subject to the
following sta.ndarCi terms and conditions and standard provisions :
A. STA?IDARD TI3XYS .riND C3NDITTOl'X:
1. That the applicant agrees to adhere strictly to the current pla3ns
for the prpject as approved by the -Regional Commission.
2. That the applizant agrees to notify the Regional Commission (or
State Com;rtission if there is no Regional Commission) of any changes in the
project .
3. That tf;e applicant will met all the local cock requirencnts and
ardinsnces c?nd obtai:: all necessary permits from State and Federal Agencies.
4, That the applicant screes to conform to the permit ru1.e~ and regula- tions of the CaliforRia Coastal Ccmission.
5. That the applicant agrees that the Condssion staff may make site
inspections of the project dwing construction and upon completion.
Tern?s 2nd Conditions are to run with the land, These terms and condi-
tions shall be Ferpetual and it is the intention of the parties to bind
all fhture owners and possessors of the subject property to said terms
and conditions.
8. STANDARD PROVISIONS :
1. STRICT COb'SLIANCE: Permittee is under oblicjation to COiIform Etrictly
to perrriit under penalties established by California Coastal Act of 1976.
2. TItliELY DEVELOPMEN?' "- AND CCMPLETION: Pe-mittee s~l~~~n~e~~ep-
merit within two veaa fol1cwi.u final arprou of the project .by the San Djego
fiPglc?nal'Cbmmission. Construction shall be pursued in a diligent manner and
completed within a reasonable period of time.
-
""" . ""
3. r2QUEST FOR FXTENSIORS: Permittee may request an extension of time
for tkc- commencexsnt of cscstruction provided the request is q2Lied for prior
to expiration of the Fernit-
-
4. ASSIGNABILITY OF PRRMTT: This permit is notassiqnahle unless the per-
mittee's obligations under the permit are assumed by assignee in vriting with:
oncyc-ar and a copy of the required assumption agrcemcnt delivered to thc Regio
Commission or State Commission if there is no Regional Cornrnission.
5. APPEAL - Unless appealed to the State Commission within tcn (13) worki
* days following final action hy the San Diego Coast Regional- Cornmission, all tc
and tonoitions shs1.l bc final.
6. D1SCIAJMT:H: The permit is in no way intcndcd to affect the riqflts and
Ohliga2iGr;s hcrtltofore cxistirlq under private agrcemcnts nor to affkct the Cy-!
ing regulations of othcr public bodies.
" "
p~I:t~ITT~T: TO ~YTIJPN .COPY: This permit SII;?II not bc valid unless with 1.''. . ten (1.0) wol-k,irrcf ,l,ly[; !,~tnlittr:f~ r-c,turns a signcd cop\' ctckn~wI~d(ji.r;g. cciitsI:t:> -.- 7. ."~ -.""" ,'
I San ni.c.c_lo Cclant JWqioIial (hmniss ion. .. \ - -7-
..
" ' .. I\ *i IS07 e
S-?clEbOf C2llfC)RVIA --THE PELOUPCES AGFNCY
i:li'hXlMfNT OF CCSSCRVATIOt4
-, - -. - " . " . ~"~ ,- EDMUND C. 6RC - -~ " - ._" ~. - "
DiVlZiCf.! OF I:'tINES P,ND GEOLQSY /r
ii)S ANSELES CiSTRICT OFFICE
107 SSUTX BROAC'aVAY, ROOM 1065 ' 10s AN;ELES, CA WG:?
(Phonr '113-620~3560) From: Siang S. Tan
28 Civic Center Plaza, Room 64
santa Ana, cn. 92701 Phone: (71.4) 558-4187
ATSS: 657-4167 r. ..) @$ <,,Y i L' '~ I ,,' J . / .j '# :. :\,:
L. J ',. - \.i-'i 1 December 9, 1980
.. ' . C!.J\l. g$ GO?! lii
Mr. Ti1Oilt;tS Iiuf flxan
San Dieso Coast Regional Comnission
6154 Mission Gorse Road, Suite 220
San Diego, California 32120
Subject: Control No. F9505, Proposed Dwelling at
5009 Tierra del Oro Street, Carlsbad, CA.
. Dear Mr. Huf fman:
Pur'suant to our phone conversation and your rcques-:: for c .cevFetJ of the a.f?cve_ spplicaticn, I visited the site a;:d surroundings on December 8, 1980 and have the following comments : - '
To complete our'geotechnical evaluation of the site, morc specific and detailed information are needed, among othel
(1) an accurate topographic map of the site with cross- section(s); (2) e slope stability analysis of the sea bluff based on results of shezr test of saturated (soaked) native material or renolded to nztive condition:
(3) rate of sea wave erosion or anticipated amount of erosion during the lifespan of the proposed building.
It seems that the site arid adjacent areas have a history of increased wave erosion. Based on or,e of the maps in- cluded in ycur "project :;Uirmary8' report of December 1,
1980, the mean high tide line in 1978 seems to have rnovec approxiamtely 1.00 feet inland from the mean high tidelint position in 1953 or 25 years earlier. A landward shift of the high tide line in the amount of 100 feet within a
period of 25 years is a very significant rate of shoreli: erosion. During my recent visit, tilcrC seemed to be indications that the toe of the unprotected seabluff at the site may be located about 10 to 15 feet more inland
than the position of the adjacent porLion of the sea blu which is protected by rip rap r-cvetwcnts constructed abo
;U years ago. This conditim may also be indicative of
.( .. 1508 e, .I
To: T. Huffman; From: S. Tan; 12/9/80 ; P2
_.
significant wave erosion at the site. IC no protective
device is proposed for the site, the antizipated amount of
wave erosioi.1 should therefore be seriously considered in the engineering design of the proposed dwelling.
The Sluff face in the area which consists of terrace deposits shows sone water seepage which has an adverse efi’ect on the
stability of the slope and shoull therefore be considerec? in the stability anzlysis of the bluff.
CONCL?J S ION :
To cclmplete our evaiuation of the geotechnical aspects of
the proposed dwelling, an accurate topographic map and cross-section of the site, a slope stability analysis of saturated nati.ve material (in native soils condition), and the anticipated amount of wave erosion during the lifespan of the proposed building are necessary in order to recom- mend proper geotechnical design criteria for the foundation and other engineering aspects of the proposed dwelling.
If you have any further questions, please contact ma at our
Santa Ana off.ice.
Sincerely, , s;, 5 .T&
Siang S. Tan GeoLogist
APPRWED :
Zmes lp.?lavis, State Geolcgist
SST:JL”D:bb
cc: Perry Y. kmimoto
Cliff €3. Gray, Jr.
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i,!; j:'(>!:[.i Js I:\']'F:~.~~;~'~ FCI: USE: BY TIIOSX ?.'!la AT'i'EI.!i> j, F'L'CLIC 1li:API;IZ IrND :\!?E lJ:!~~il??,
? !.iIS!I rs3 SP!,:.G. i$Y COI:PI.,C'I'JI?C; X?D SUS:.i;TTIh'C; ?i!IS F'@T\i4 hT TIIE TlTX OF 'l'l!K lY!
J ,?.?X? ~~~?'~'.~~r,i~;~~~~!~~~ YOG3 ELIGIUILITY FOR S?E?iKIXG 0r.i 'i'!ilS L.;.?il'i?:?t Til' 'Yl:S 'Y?>.li: Ol*
i'I3 AN? k'(:).? ;,T~X~.,IHC 'l'iic I'\L'(;IO!<'nL C9i&'TA!, CC':.!?,I?-SSiON'S IXCISIOEJ 0:J 'I'jI? S I*!5LT,i: 7'
:.!:.;.TS.C:13;:. CC?II:,:S OF YOUR Cor2!c:!i.S b;JiJ, EX FHWID;:D TO TliX CO~2~lI~ST0>!i~l<S P2LCl:
ZY VCTZ (LIXLESS T!fC KZY.llSST@lJ VOTES GN TI!Z Si'.!,!E I)AY AS THIS I.'C!FX IS T:.:.;I:I,$TT?i.:D
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PIIONT: NU~IKR:. Area COBC T?\y) 75 3 - b57 0 7 3-7 # 3 &lo I
ETRESENTING: " CLJK
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LEASE I!?DICTjTk RLLOli Wiiy YOU SUPPORT *1 OR OPPOSE y\ " TSIS YL\?
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Recording Requested by and When Recorded Mail To: Y?rg, !G&&. -.!:.. it::! - 6 :;+ ; r I ; j
: .. ".\- 1.: :,
City Clerk
City of Carlsbad k;;" .. .. ; . . . : . ; . , . .
1200 Elm Ave.
Carlsbad, CA 92008
. . : :..;:.; :. .. ..
" .
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of Carlsbad hereby
accepts the Offer to Dedicate for Permit No. F-9505 Executed by:
Ben V. Constantino and Joan C. Constantino on January 26 , 19z
and recorded on February 10, 1981 As Instrument No. 81-041445
of the Official Records in the Office of the Recorder of
San Diego County.
May 26, 1988 BY dQa% 2 RA
AELTHA L. RAUTENKWIZ, City ICler;
Dated For The City of Carlsbad I
STATE OF CALIFORNIA 1
COUNTY OF 1 15s
On May 26, 1988 , before the undersigned, a Notary Public,
personally appeared Aletha L. Rautenkranz 9
/x/ personally known to me
/ / p-wed to me on the basis c~f satisfactory 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 thc
corporation/agency executed it.
* ******************1*~**8****8* * OFFICIAL. sC.6~ * * KAREN R. KUNBTZ 8 * NOTARY PUBLIC-CALIFWNIA 3 *
********+*****k******t.+*+t***
SAH DIEGO COUNW *
MY Comm. Ex). *I. 27. 1989 t
Notgfy Publidin pld for%)Said CoTnty and State -
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Printed Policy Exceptions and Exclusions
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY,
EXCLUSlONS
In addition to the Exceptions in Schedule 6, 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
and zoning ordinances and also laws and regulations con-
cerning: . land use
improvements on the land
3 Tjtle Risks: that are created, allowed or agreed to by yc
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
B 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.
rn land division
environmental 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. allevs or waterwavs that touch v 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 cot
Date. of Covered Title Risks. .. ..
SCHEDULE B -STANDARD EXCEPTIONS
(A) Any rights, interests or claims of parties in possession of the land not shown by the public records.
(E) 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.
..
(Dl Any water rights, claims or title to water on or under the land.
&
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) I
5 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) renril
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimewions or location of . now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions a 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 apl
records at Dote of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the tb) not known to the Company and not shown by the public records but known to the insured claimant either a1
at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage ar
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereu
in no loss or damsge to the insured claimant; (dl attaching or created subsequent to Date of Policy (except to th
is afforded herein as to any statutory fien for labor or material or to the extent insurance is afforded herein as
511 (:(:I invrovr!mcnts under construction or completed at Date of Policy).
J t1111.1111~1 ~*.IIIIIIIv *:I III+* II+*II 481 tl~t*tlc\~rtr*qt tt1o1 III;IIIO* I:#.t..tt1*.1* 01 IillIlltg. 01 IIII* itl:,l~~lvI ;It 1).11t* c,I I'oI1l.y 01 of ;Icly
(11 tt~ t~~~l~4blr!tlli*!%s 11) ~:IJ~II(I~V well\ 1~~4it:a\111. "dt:llIq IBLI~IIII:~~'' laws ul 1111: ~I,III: 11) will(:l1 IIIC I~II(J 15 Llltra[ctJ.
(I xs.s:11Iiotc!; ;+11(1 I~uc.l~l..lr~~: (:1:111t1111(*tt ,,,I +~t:vl!l~,! sir\l.\
Pri*.tc:d Pol~c.y ExCe)JtlOl)S dll(l Exclusio * ntlcwcrt) 0 i.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLtCY 1073
SCHEDULE B PART f
This policy does not insure against fOSs or damage, nor against costs, attorneys' fees or expenses, any or ail of which arise lIy rll, the following.
1 7,txt!5 01 ,~~!i~~~!illlt:llls Wlltdl dl(! ll<lt SiloWl~ a5 cxislltl!) III!II~ t>y Itlc rc:co~tls 01 ally laxing aulllority that IL!VII:S ~~~y~~s oI d,s,,..,
011 real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not showr1
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 inspf:cm
the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encum1)rances. or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lirles, shortage in area, encroachments, or any other facts which a correct survey wouI(j dl#
atrd which arc not show11 I)y thc public r~!cortls.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
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 Schedl
or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the e 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 govcrnmcntal regulation (including but not limited to building and zoning ordinances) restrictirly or rr:yu
or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improve
now or hereafter erected on the land, or prohibiting a separation in ownership or J reduction in the dimc?nsions or ilrcil of 11w I,II
the cffcct of any violatlorr of any SIICII law, ordinatrcr? or qovcrnrlrctrtal rcyulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights aplwiir5 irr Itw 11
rccords.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured clair
(b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Da
Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage an(]
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hcreuc
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resultlr loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value wit'
knowledge.
10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inl:
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 rufcrrc:tl I
Schedule A.
""""
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Ttw followinq Inattws arc I!X~~II~SS~~ r~xclutltxl from ttw covtrtagc of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to tpuildinq and zoninq orrlinnncns) r(*slrwI
OI tlvllll,ltitlq OI ololtiOititl(1 tllv CII:I:CI~I;IIII:~. 1v.v oI vlt{~t~Intt~\t cbl tlw MI, 01 II~~III.IIIIIII ttw t:llmm:lw, ~l~t~wt~w~~~~. 01 I(
t1o11 IJI .III~ IIIIIIII)VI:IIII!III IIOW 01 III!II!.I~I~!I c!tt!c:ltnl 1111 IIW ~~IIIC~. OI I~IO~~I!IIIIII~ a st!l~~;rtio~~ 111 OW~~WSIIIII OI ,I 11:011(:tto1
the tltmcnsiorrs of area of the land, or the effect of any violation of any such law, ordinance or governmental reguldtl
2. Riqhtc of cmincnt domain or rpvcrnmcrrt;d riqhts of fmliccl poww unlt:ss nolicc? of tho c!xr!rcisc of sw:h ricllttr .tl1tl~*.lt
3. Dc!fects. liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to I)y thp irw
(:l;llltliltlI; (11) not known to tlw Cotn1l;lny ~IIIII not sttown by IIW 1)taIdic Ic?c:ortIr 11111 ktlcBwr1 to tllr. itl~.1ltIvl ~1.11111.111t 1.111
-11 I).III- t11 I'I)III;~ IJI .II 1111: tl,c~r! !,III;~I I:~~~II,IIII .u:tlaIitctl ,111 ~!st,ltt! OI lttta:ac\l l,y $10.; ~~4tt:v 41IIti ot>t tltrc:lt~u+tl III WI 1111111
1111: III~IIIIV~ (:t4~~~~~;~~~~ I~J 1111: (;ot~~~wty 1111111 11) I~II! I(,III! strc:lb II)WII!I~ cl.mrt,uIt IM!C.IIICI: JII iclstrtc:tl IIWI!IIIII~I!I. (1:) lc1dll
ill IIO 111-x OI ~I;IIII;I~C IO ttw ilw**,v{ t:t;litlt;lt~l; ((1) ;lttm:l~ittq 01 ctv;ltt!tl c111w!(l~lrltll a I I);III) III I'I~v y. ft') IIWI~~~IIO 111 111.:.
*I:saat:vp VvlatiII WSIIIIII 11111 11;tvtl 'I a~tatui~lwl it 1110 ~IIPIIIO~( t laicllactt llnal )laill .x (**I tlw eotato 1.1 illtotno1 illa(ll1111
1111a (#*.Ill '/
1111: ~IIIlJ~IC lI!Cl)lll4 ill uilll! 01 I'OliCY.
p. .+s , -c. n 18 Ed111
'rn
t TICOR TIT~~SUHANC~ c, I;
11
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 30 AND 31 IN BLOCK "A" OF HAYES LAND COMPANY ADDITION TO CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDSNG TO MAP THEREOF NO. 1221, FILED IN THE OFFICE Of THE RECORDER OF SAN DIE00 COUNTY, NOVEMBER 4, 1909.
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Jan Dk#o, California, $1101 220 "A" 8)fro.C
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*
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REI TO COVLREO BY THIS REPORT IS: A ?Et
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED ,
NANCY FAY dOHNSON, A MARRIED WOMAN ,AS HER SOLE AND SEPARATE
AT THL DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTA1,NED IN SAID POLICY FOR1
1 . 'THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT 1 T,HE PROVISIONS OF CHAPTER 3,s (COWENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA,
2. ANY AOVtRSE CLAW BASED UPON THE ASSERTION THAT SOME PORTIO SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRE'IED TO SUCH PORTION SO CREATED,
WOULO BE AS FOLLOWS:
JS COVENANTS, CONDITIONS AND RESTRIC7'IQNS IN AN INSTRUMENT ~~ECUTED BY : NANCY FAY SOHNSON RCCOROCD : JANUARY 28, 5986, RECORDER'S FILE NO, 86-0357
RESTRICTSONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE OELETEO.
SUCH RfQHTS OR EASEMENTS AFFECTING THE PORTION OF SAID LAND ''hhEIN STATED, FOR PU8LIC ACCESS AND INCIOENTAL PURPOSES, AS.PR IN AN fRREVOCABLE AND PERPETUAL 0FPER.TO DEDICATE RECORDED : JANUARY 28, 1986, RECORDER'S FILE NO. 86-035770 AFFECTS : PROM THE TOE OF THE SEAWALL TO THE MEAN HIOH TXD
CftVrHAhlT5, COHbSTfO?J9 AND REWR3CTlONI SI4 THL AlOVC IcC~urturu INQTRUMENT. RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIdI OR NATIONAL ORlQSN ARE DELETED.
S. OtHcK MAtTCIIS?)P RECdRO WHICH Po NOT DESCRIBE SAID LAND, 8U WHZCH, If ANY EXIST, MAY AFFECT THE TITLE, THE NECESSARY SEARCH AND EXAMINATION WILL 8E CUMPLETED WHEN A STATEMENT OF INPORMATZON HAS MEN RECeIVED ?ROY : OWNER
TAX FIGURk FOR : 1985-86
PARCEL NO, : 203-140-20 LAND a
d.03, PAID SICWiD tN1STALLYCNt: 487.83, PAID
i
CODE AREA : 09000
IIRS IMPR~VOMEWIS 1NSTALLYRNI i px:
qenar
LI m TICOR TIT&&ISUWCE
-.
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NOTE: WE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADblTION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20 .OO RECORDING FEP, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHZP IS ACCOMPANIED 8Y A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WSLL NqT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY. AN AFFIDAVIT THAT THE TRASSFEREE IS NOT A RESIDENT OF CALIFORNIA, OUR TITLE BILLING WILL BE ADJUSTED 10 REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE @
.
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TICOR Tl'fk tNSlJMC(E .e5 / . 4 *'
TXCOR TITLE INSURANCE CMPAffY 925 nBw STREET SAN DIEGO, CALIFORNIA 82101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT
f EBRUARY 8, 1986
TICOR TITLE INSURANCE COMPANY OF: CALIFORNIA ATTN: JACK WORTHINGTON 333 SO. GRAND, ST€. 700 LOt ANCCLCC, 4A. $0071
YOUR REFERENCE: N28-8240521 OUR ORDER NO. : 1141230
IN RESPONSE TO THE ABOVE REFERENCED APPLICATiON FOR A POLICY OF TITL INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORT THAT IT IS PREPARE0 TO ISSUE, OR CAUSE TO BE SSSUED, AS OF THE OAT HEREOF, A POLICY OR POLSCIES OF I1TI.O INSURANCE DESCRIBXNG THE LAN AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH,' INSURIN AGAINST LOSS,YHICH MAY BE SUSTAINED BY REASON Of ANY DEFECT, LIEN 0
EXCLUDED PROM COVERAQE PURSUANT TO' THE PRZNTED SCHEDULES, CONDITION! AND STIPULATIONS OF SAID POLiCY FORMS.
THE PRXNTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE Of SAX1 POLICY OR PdLtCIES ARE SET FORTH ON THe ATTACHED COVER. COPIES OF THI POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICt ISSUED THIS REPORT.
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION mow OR NO'
THIS REPORT, (AND ANY SUPPLEMENTS OR 'AMENDMENTS THERETO) IS ISSUE[ SOLELY FOR THE PURPOSE OF FACILXYATSUO THE ISSUANCE OF A POLICY 01 TfTL€ INSURANCE AND NO LIABSLITY SS ASSUMED HEREBY. If IT !S DESIRE1 THAT LIABILITY 6E ASSUMED PRIOR TO 1HE ISSUANCE OF A POLICY OF TITCE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DAiEP AT 7:30 A,M, AS OF JANUARY 30, 1980
I
TITLE OPP
SIGNED: E:A FRANK ' +/e-
THt FORM OC POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ( . ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1078 ( 1 AlTA LOAN POLICY - 1970 WITH ALTA BNDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) GLTA STANDARD COVERlOQE POLICY - 1973 ( '"t At?A OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
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ChLiFORNIA COASTAL COhASSION
.- "
SAN DIEGO COAST DISTRICT Filed: October 7, 1985 49th Day: November 25, 1985
180th Day: April 6, 1986
Staff Report: October 30, 1985
Hearing Date;- N_ovember 19-22, 1985
1333 CAMINO OEL RIO SOUTH. SUITE 125
SAN DIEGO. CA 92108-3320
(619) 297-9740 Staff : AB-SD-C
STAFF REPORT: CONSENT CLENDAR
Application No.: 6-85-502
Applicant: Robert Johnson Agent: Hark Oleson
Description: Xemodei of an existing three-story triplex including enclosu
of balcony/patio areas on two floors o'f the structure and fo
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. ( 8%)
1,000 Sq. ft. (14%)
3,539 sq. ft. (53%)
4
Res.
Res. 10-20 dlI/ac
18.6 du/ac
25 feet
Site: 2723-2727 Ocean St., Carlsbad, San Diego County. APN 203-141.
Substantive File Documents: Certified Carlsbad Local Coastal Program
Hello I1 segment
STAFF RECOMMENDATION:
The staff recommends the Comission adopt the following resolution:
I. Approval with Conditions.
The Commission hereby grants a permit for the proposed development, subjeci
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"
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111. Special Conditions.
The permit is subject to the follov'ing conditions: " -
1. Lateral ?-Jblic Access. Prior to transmittal of the permit, the land-
owner shall execute and record a document, in a form and content acceptable to
the Executive Director, irrevocably offering to dedicate to a public agency or
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 an the property. Such
pasernmt 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(s) 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.
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
modifications 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
.T b .i 6"n:. 509 0
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foundation, will be replaced with a continuous foundation and an irlsulated
exterior wall. The interior remodelling is exempt from permit requirpmcnts
under Section 13253 of the Administrative Regulations; however-, the expansior
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 Tmpacts/GeoloKic 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 encfoack
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
use) areas will not conflict with Policies 7-12 and 7-13 of the certified
LCP. The enclosed portions of the residencies on both the north and south
side of the subject property already extend further seaward than the alignmer
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.
3. Public Access. The policies of the Carlsbad Hello 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 doe
however extend onto the beach below which has extensively and historically
been used by the public.
Policy 7-3 of the Hello XI certified Land Use Plan provides for the pcotectic
and enhancement or' lateral public access throughout Carlsbad, anri calls for B
offer to dedicate that portion of private property located between the base c
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 prc
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 01, 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 Program. Sections 30170(€) and 30171 of the Coastal Ac
were special legislative amendments which required the Commission to adopt ar
0 i. i' h - rl 7 .- 5
Pngc Ir
implement a Local Coastal Program for portions of the City of Carlsbad and
county islands prior to specific statutory dates. The Corranission'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 du/ac, 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 11
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, special condition 82 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
implementation. With this condition, the Comission finds the project in
conformance with all policies in the Carlsbad LCP Nello If 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
of €ice.
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.
5. Inspections. The Commission staff shall be allowed to inspect the site
I
and the development during construction, subject to 24-hOuc advance notice.
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6. Assiy.nment. The permit may be assigned to any qualif ieci parson, prov:
assignee files with the Commission an affidavit accepting all terms a1
conditions of the permit.
7. Terms and Conditions Run with the Land. These terns and conditions st
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 tt
terms and conditions.
(5502R)
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lbxording Requested by and When Recorded, Mail To: 1Ht OR\GINAL cr :'''I; ' r .'
California Coastal Commission Old/". . - . 631 Howard Street, 4th T'Loor VEf& L. ! ',: ' , %
San Francisco, California 94105
Attention: Legal Department
Mail Tax Staterrents To:
Robert Gibson Johnson & Nancy Fay Johnson 611 West Sixth St., #3320 Los Angeles, California 90017
, . ,_ .,, I I .I"" ,,.. 7 - .J,j
-28- CF6 I( , g-2
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Space Above This Line For Recorder's
IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT
AND
DECLAMTION 01: RESTdILTIONL ."
THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCliSS EASI
MENT AND DECLARATION OF KESTRZCTIONS (hereinafter "01 fclr") .
made this 16th day of December, 1985, by Nancy Fay Johnsc
(hereinafter referred to as "Grantor").
WHEREAS, Grantor is the legal owner of a fee interes
of certain real properties located in the County of San Die
State of California, and described in the attached Exhibit: I
(hereinafter referred to as the "Property"); and
WHEREAS, all of the Property is located within che
coastal zone as defined in Section 30103 of the California
Public Resources Code (which code is hereinafter referred t
as the "Public Resources Code"); and
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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 forth 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
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WHEREAS, under the policies of Sections 30210 througt
30212 of the California Coastal Act of 1976, public access 1
the shoreline and along the coast is to be maximized, and il
new development projects located between the first public r(
and the shoreline shall be provided; and
WHEREAS, the Commission found that but for the impos
of the above condition, the proposed development could not 1
found consistent with the public access policies of Section
30210 through 30212 of the California Coastal Act of 1976 a1
that therefore in the absence of such a condition, a permit
not have been granted;
WHER.EAS, it is intended that this Offer is irrevocab
and shall constitute enforceable restrictions within the me,
of Article XIII, Section 8 of the California Constitution a]
that said Offer, when accepted, shall thereby qualify as an
enforceable restriction under the provision of the Californ
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 casenlcnt in perpetuity for
the purposes of public access and passive recreational use
along the shoreline located on the subject property from th
toe of the seawall to the mean high tide line and as
specifically set forth by attached Exhibit C hereby incorpc
by reference.
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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.
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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. _c_ 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 terrr
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 jurisdictic
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 easement t
other public agencies or private associations acceptable to
the Executive Director of the Commission for the duration oi
the term of the original Offer to Dedicate.
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Executed on this )lo ' day of December, 1985, at
Los Angeles, California.
Dated: December lb: 1985
c'
Signed: w\ =.QL\YVbWt)
Nancy Fay Johnson - Owner
State of California )
County of Los Angeles )
) ss.
On this i/r "% day of December, in the year 1985,
before me, '4? <.",.. a;;" '; ,- A. -/&e:L) , a Notary Public, 3 2.
Personally appeared bcy Fay Johnson, personally known to
me to be the person whose name is subscribed to this
instrument, and acknowledged that she executed it.
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ry ~r,~;~~~n"~.'?..^..".,. .. op!;[l-:l,',1. >;:,a,'.
l;r I I'/ C PC31 iLi: rJorrrI r.lrl!Clc . C~LIC 8. * :>,.,?. '3
I * /: ,\,? i 10s p.I!G:.l-;S r.-.''i;l','
.I,.. . My c:Jrnm. cypirc: bCC 11, l!X
- & 7 Lk;- J; /e..-&y.,
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Notary Public in and for Said County and State
+7 2- L 42.W>&
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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 thereo
by its duly authorized officer.
Dated: December 31 , 1985
STATE OF CALIFORNIA 1
) ss.
COUNTY OF SAN FRANCISCO )
On December 31 , 1985 , before me ydc LC ?&<j7,?/LCd.
d a Notary Public, personally appeared
personally known to me to be the person who executed this ir
-
~ j/,( J/7% d ////c”
ment as the ‘579 {’{’ [ha Ti\e 1
TITLE
and authorized representative of the California Coastal Corn
sion and acknowledged to me that the California Coastal’
Commission executed it.
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{., ’ ... c, ,. Lxw?!;?;.f 3. flEr\rl?t!SI 4 [,’:-.,:*(.:, .:J\ %>!:e,, ;:f.,*, 1.:. .*.;:‘a D ij p-& 0 r I- I c 1 ?. 1. ‘2 F. A 1. E t, *<:,-e,, ‘J> ,1:’ , :, ,,j b sIa;J ~!:~;;:,~!‘:t;~~ !,;;.j:;lY
‘b.“.’:. . i. 1)s ~or.m::.ca r..::aG; ’hy io. I391 i
h:G<T.- +r - i
add y? -jL??;%&
-.
Notary Public in and for said
County and State
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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.
EXHI U IT "A"