HomeMy WebLinkAboutCDP 2019-0015; ; 2023-0336172: Irrevocable Offer of Dedication IODRECORDING REQUESTED FOR THE
BENEFIT OF THE CITY OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
DOC# 2023-0336172 11111111111111111 11111111111111111111 111111111111111111111111111111111
Dec06, 2023 04:19PM
OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins $0.00)
PAGES 9
The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 155-140-10---=--=-------'------'-----Documentary transfer tax is $0.00
( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: (x) City of Carlsbad, and
Project ID: CDP 2019-0015 Related Project ID: PR 2021-0003 Related Project ID: _Nc...:.:/.c...A;___ _____ _ Project Name: 2465 Jefferson St SFR
IRREVOCABLE OFFER TO DEDICATE A 25-FOOT-WIDE EASEMENT
FOR LATERAL BEACH ACCESS PURPOSES
THIS IRREVOCABLE OFFER TO DEDICATE A 25-FOOT-WIDE EASEMENT FOR
LATERAL BEACH ACCESS PURPOSES (hereinafter "offer") is made by Carefree Holdings,
LLC (herein after referred to as "Granter").
I.WHEREAS, Granter is the legal owner of a fee interest of certain real property
located in the County of San Diego, State of California (hereinafter referred to as the
"Property"); and
II.WHEREAS, all of the Property is located within the coastal zone as defined in Section
30103 of the California Public Resources code (which code is herein after referred to
as the "Public Resources Code"); and
Ill. WHEREAS, the California Coastal Act of 1976, (hereinafter referred to as the "Act")
created the California Coastal Commission (hereinafter referred to as the
"Commission") and required that any development approved by the Commission must
be consistent with the policies of the Act set forth in Chapter 3 of Division 20 of the
Public Resources Code; and
IV.WHEREAS, pursuant to the Act, the City of Carlsbad, County of San Diego, State of
California (hereinafter referred to as the "City") did establish and approve the City of
Carlsbad Local Coastal Program 1996 and amendments thereto (herein referred to as
the Local Coastal Program) in compliance with the provisions of the Act; and
V.WHEREAS, pursuant to the Local Coastal Program, the Granter applied to the City
• '
for a Coastal Development Permit, CDP 2019-0015 (herein after referred to as
"Permit") to undertake development as defined in the Act within the Coastal Zone of
San Diego County; and
VI. WHEREAS, in order to provide public access pursuant to Chapter 11-2 (Mello II), Policy
7-6 of the Local Coastal Program, the Project has been conditioned to dedicate an
25-foot-wide lateral beach access easement, irrevocable for a term of 21 years, along
the Buena Vista Lagoon to the City, the State Coastal Conservancy, or other
appropriate agency;
NOW THEREFORE, in consideration of the granting of Permit to the owner by the City,
Carefree Holdings, LLC, owner of said real property, hereby irrevocably
offers to dedicate a non-exclusive 25-foot-wide lateral beach access easement to the City of
Carlsbad over, under, upon and across said real property as described in Exhibit "A" attached
here to and made a part hereof as follows:
1. PURPOSE AND OFFER TO GRANT. The easement and declaration of
restrictions as offered and provided for herein is for the limited purpose of allowing
human pedestrian lateral beach access and passive recreational use within the
easement area subject to the Laws of the State of California, including but not
limited to Section 846 of the California Civil Code, and further subject to the rights
retained herein, including but not limited to, any prior grants and or all prior
governmental actions, permits, or permitted uses, conditions and covenants on or
related to the property. The offer is further subject to and pursuant to all state and
local laws including any local ordinances and municipal codes and the right of the
City of Carlsbad and the State of California to limit or restrict the time, place, and
manner or allowable use of the easement in order to promote and or protect the
health, welfare, and safety or to enforce any state or local law, municipal code and
or ordinance.
2. DECLARATION OF RESTRICTIONS. This offer of dedication shall not be used or
constructed to allow anyone, prior to acceptance of the Offer, to interfere with any
rights of access previously acquired, if any, which may exist on the Property, nor
shall such Offer of dedication be used or construed to allow anyone, prior to
acceptance of the Offer, to have or acquire any such rights. After acceptance,
and except as provided for herein, Granter shall not materially interfere with the
• •
allowable, legal, and reasonable use of the easement. Notwithstanding the above,
Grantor shall retain all normal rights and incidents of ownership of their respective
underlying fee interest in the Property as provided for herein or which is protected
pursuant to any state or local law and nothing included herein shall restrict, limit,
or be allowed to affect Grantor's rights pursuant to Section 30235 of the Public
Resources Code or any other similar or applicable law or code. Following the
Offer and or the acceptance of this Offer by recording , Grantor shall not be bound
to undertake any supervision or maintenance to provide for the purpose or offer
to grant, hereunder. Prior to accepting the Offer, the Grantee shall comply with all
provision of State Law and the Grantor and Grantee may, in conjunction with each
other, agree to record and additional reasonable terms, conditions and limitations
on the use of the Property in order to assure that this Offer for access is
effectuated.
3. DURATION, ACCEPTANCE AND TRANSFERABILITY. This irrevocable offer of
dedication shall be binding upon the owner and the heirs, assigns, or successors
in interest to the Property described herein for a period of 21 years from the
effective date of this agreement and if not accepted with the time period as set
forth above, shall automatically terminate and have no further force or affect. This
Offer may be accepted by the Grantee as set forth and defined herein and shall
be subject to a limited right of assignment as set forth herein below. The offer, as
set forth and provided for herein, shall be accepted only by the recording by the
Grantee or its successor or assignee of an acceptance of this Offer. Upon proper
recording of the acceptance by the designate Grantee, this offer and its terms,
conditions, and restrictions shall be effective as a grant of a nonexclusive lateral
beach access easement, for humans, in gross and in perpetuity that shall run with
the land and be binding on the heirs, assigns, and successors of the Grantor as
provided for herein.
4. REMEDIES. Except for any prior grant, approved, or permitted use, of future use
pursuant to approval and or as may be allowed by State or local law, including any
ordinance or municipal code, any intentional act, written conveyance, contract, or
authorization which uses or would cause to be used or would allow use of the
easement contrary to the terms of the Offer and which shall occur following an
allowable and legal acceptance and recording of this Offer will be deemed a
breach hereof. The Grantor, and any Grantee of this easement, may pursue any
and all available legal and/or equitable remedies to enforce the terms and
conditions of the Offer and easement and their respective interest in the property.
In the event of a breach, any forbearance on the part of any such party to enforce
the terms and provisions heroes shall not be deemed a waiver of enforcement
rights regarding any subsequent breach.
5. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid all real
property taxes and assessments levied or assessed against the Property. It is
intended that this offer and the use restrictions contained herein shall constitute
enforceable restrictions within the meaning of a) Article XIII, Section 8 of the
California Constitution: and b) Section 402.1 of the California Revenue and
Taxation Code or successor statute. Furthermore, this Offer, easement and
restrictions shall be deemed to constitute a servitude upon and burden to the
Property, within the meaning of Section 3712 (d) of the California Revenue and
Taxation Code, or successor statute, which survives sale of tax-deeded property.
6. SUCCESSORS AND ASSIGNS. The term Grantor as set forth in this Offer shall
be defined as the then current fee owner of a respective parcel. The term
Grantee as set forth in this Offer shall be defined as the City of Carlsbad, a
municipal corporation or any allowable assignee as provided for herein. Should
the Grantee initially named and designated in this Offer determine at any time
during the period of the Offer, that such Grantee does not desire to accept the
Offer, then the Grantee shall have the right of limited assignment to a successor
Grantee described herein. The allowable entities that may be assigned this Offer
are limited to the Executive Director of the California Coastal Commission, the
State of California, or a political subdivision of the State of California. The terms,
covenants, conditions, exceptions, obligations, and reservations contained in this
Offer shall be binding upon and inure to the benefit of the successors and assigns
of both the Grantor and a Grantee, as herein above set forth.
7. EXHIBITS. Exhibit "A" is attached hereto and incorporated herein by
reference as though set forth in full. Exhibit "B" is attached hereto for clarity only
and incorporated herein by reference as though set forth in full.
8. SEVERABILITY. If any provision of this Offer is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be thereby affected or
impaired.
IN WITNESS WHEREOF, the undersigned has executed this instrument effective this
Z 7 -rtt day of Jl:P1f;f11Br-f<... , 2021
OWNER:
By:
(Sign Here)
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY
OWNER(S) MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND
THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN
C · h S S FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ______ hr_lS_t_o~p_e_r_._a_u_e_r _____ ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE
(Print Name Here) BOARD OF DIRECTORS THAT IS SIGNED BY THE
Manager
(Title)
PLEASE SEE
NOTARY ATTACHMENT
SECRETARY OR ASSISTANT SECRETARY OF THE
CORPORATION, UNDER CORPORATE SEAL
SPEC I FICA LL Y EMPOWERING THE INDIVIDUAL SIGNED IN
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT
AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS
MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION
OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR
ATTORNEYS WITH RESPECT THERETO.
EXHIBIT "A"
LEGAL DESCRIPTION
ACCESS EASEMENT DEDICATION
PR2021-0003
THAT PORTION OF TRACT 3 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1719, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A 25 FOOT WIDE STRIP OF LAND LYING WESTERLY OF AND BEING MEASURED AT RIGHT ANGLES TO
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN A DEED TO CAREFREE
HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY, RECORDED AUGUST 5, 2016 AS
DOCUMENT NUMBER 2016-0399380 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE
WESTERLY LINE OF JEFFERSON STREET HAVING A HALF WIDTH OF 30 .00 FEET, SAID POINT ALSO
BEING THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO JOHN E. EHRHARDT AND
WIFE, RECORDED NOVEMBER 9, 1953 IN BOOK 5041 , PAGE 136 OF OFFICIAL RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO CAREFREE HOLDINGS, LLC
SOUTH 89°58'00" WEST 118.67 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 24°52'51 " WEST 120.05 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LAND
CONVEYED TO CAREFREE HOLDINGS, LLC, SAID POINT BEING THE POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE
NORTHERLY AND SOUTHERLY LINE OF SAID LAND CONVEYED TO CAREFREE HOLDINGS, LLC.
CONTAINS 3,022 SQUARE FEET MORE OR LESS.
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION:
PROFESSIONAL LAND SURVEYOR NO. 8932
DATE SIGNED: ~6~-3=0~-2~1 _____ _
BY: PLUMB LINE SURVEYING, INC.
ihoot 1 of 1
EXHIBIT "B"
ACCESS EASEMENT DEDICATION
§
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BASIS OF BEARINGS:
83.88'
EASTERLY LINE OF TRACT 3 OF MAP
1719, ALSO BEING THE WESTERLY LINE
OF JEFFERSON STREET (FORMERLY
FRONT STREET), SAID BEARING BEING
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N 89°58'00" E 230. 12'
118.67'
GRANT DEED
DOC#2016-0399380
REC. AUGUST 5, 2016, O.R.
25' ACCESS EASEMENT
GRANTED TO THE CITY OF
CARLSBAD HEREON
A P N: 1 55-1 40-1 0-00
169.69'
N 86058'00" E 269.32'
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PREPARED UNDER MY SUPERVISION:
6-30-21
DATE SIGNED
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www.PLUMBLTNESURVEYING.COM Drawn By: M.D.V. SHT. NO_ 1---------------------~
Checked By: M.D.V. OF.1.sHEETS
Plot Date: 6-30-2021
PLUMB LINE SURVEYING I NC. CDP2019-0015 / PR2021-0003
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identtty of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California D • O
County of , (l (\ I e 9
On O ~/ 1-iJ '1o 21 before me,
Date ,
}
/L\ry9+4 I Cut (er NoJ:4ry f~bli c
C He~ Insert Nome and Title of the Officer
personally appeared Cb r I 1+0 eher ✓. jg\Jer
Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument. ........... l
, o,, KRYSTAL CUTLER
•"• •, Notary Public -California 5 . · = San Diego County ~
• Commission# 2288981
My Comm. Expires May 18, 2023
Place Notary Seo/ and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document: _________________________ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _
□ Partner -□ limited □ General □ Partner -□ limited □ General
□ Individual □ Attorney In Fact □ lndlVfdual □ Attorney In Fact
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: _____________ _ □ Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _
0 2019 National Notary Association
CERTIFICATION OF REJECTION OF
IRREVOCABLE OFFER OF DEDICATION
This is to certify that the Irrevocable Offer of Dedication of a 25 foot wide
easement for lateral beach access purposes, dated September 27, 2021 , from
Carefree Holdings, LLC, to the City of Carlsbad, California, a Municipal
Corporation, is hereby rejected by the City of Carlsbad, California, pursuant to
Section 66477.2 of the Governmental Code of the State of California; and , the
grantee consents to the rejection thereof by its duly authorized officer.
DATED: November 28, 2023
Ana Marie Alarcon, CMC
Deputy City Clerk
(SEAL)