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HomeMy WebLinkAbout1998-02-17; City Council; 14566; COUNCIL AUTHORIZATION TO ACT ON CANNON ROAD WEST PERMIT REQUIREMENTS PROJECT NO. 3184.? 0 6 47 CI'I f OF CARLSBAD -AGENDA ILL b lABd )!, 566 1 TITLE: COUNCIL AUTHORIZATION TO ACT ON I MTG. 211 7/98 1 CANNON ROAD WEST PERMIT REQUIREMENTS DEPT. HD. 3 CITY ATTY. - I PROJECT NO. 3184 DEPT. PW c. CITY MGR. c RECOMMENDED ACTION: Adopt Resolution No. 98 * qd authorizing the City Manager with City Attorney approva execUte an Irrevocable Offer of Dedication (IOD) and a Deed Restriction as required by conditions of approval for Cannon Road West, Project No. 3184. ITEM EXPLANATION: gJ 0 p: a Y a z I- o s a The Cannon Road West project previously had all required permits to initiate construction. Throl no fault of the City, the agencies expired all permits. The City began the process again a little mc than two years ago. This process involves Section 7 Consultation with the Resource Agencies. a result of the Section 7 Consultation, the City received the U.S. Fish and Wildlife Service (USFv\i Biological Opinion on October 8, 1997. Issuance of the Biological Opinion was the item remaini to complete the application for the Coastal Development Permit. The California Coas Commission staff delayed scheduling the project until the February Coastal Commission hearir Coastal Development Permit conditions were received by the City on January 26, 1998. City st met with Coastal staff and expressed concerns and issues over several of the conditions. Coas staff provided a revised set of conditions February 3, 1998. The Coastal Commission heard tl project on February 4, 1998. The staff report and conditions were approved by the Coas. Commission on February 4, 1998. The conditions are inconsistent with the USFWS Biological Opinion and the recommendations the California Department of Fish and Game. The City requested Coastal staff make the conditio consistent with the USFWS Biological Opinion. Coastal staff requested the City continue tl project to a future hearing date so they could work out issues. The project is driven by the Am Corps of Engineers (Corps) requirement that the Coastal Development Permit be obtained prior the Corps working on the permit. All conditions of the Coastal Development Permit are to be m prior to issuance of the permit. One of the conditions requires City Council action to execute ; Irrevocable Offer of Dedication for Open Space over the wetland creation area proposed in Macar Canyon. Based on continued discussion with Coastal staff, they are unsure that they can acce the IOD from the City and have provided a Deed Restriction form in addition to the IOD form. Tt deed restriction will also satisfy the requirements of the UFWS Biological Opinion terms ar conditions. Since.the Coastal staff have not resolved what they want, the City is moving forwar with both documents. Because of the time constraint with the Corps permit, staff's solution is 1 move forward with both documents and request administrative authority from City Council. Conditions imposed by the permits will be forwarded to the City Council in March for detail€ explanation prior to signing the Army Corps of Engineers Permit. The State and Federal perm requirements are summarized in the attached table, labeled Exhibit 2. Staff will be reluctant1 recommending approval to the City Council for the mitigation package at a future meeting. Th timing of the need to meet Coastal Permit Conditions and not delay receipt of the Corps perm requires execution and recordation of the grant deed prior to the next City Council meeting, =! es z Staff is requesting the City Council authorize the City Manager with City Attorney approval t =I 0 Coastal Commission and record the appropriate document depending on what the Coast2 0 execute the Irrevocable Offer to Dedicate Open Space and the Deed Restriction for the Californi Commission staff determines appropriate. Page 2 of Agenda Bill No. & 0 ENVIRONMENTAL IMPACT: The project is in prior compliance with an Environmental Impact Report for Reach 1 and a Nega Declaration for Reach 2. This action requires meeting a condition of the permits issued by Regulatory Agencies based on these environmental studies. FISCAL IMPACT: Execution of the IOD and grant deed are one piece of a mitigation package summarized in attached table, labeled Exhibit 2. Funds for the mitigation are either currently budgeted for work this year or will be funded in future through the Capital Improvement Program. EXHIBITS: 1. Resolution No. 98 -46 authorizing the City Manager with City Attorney approva execute an Irrevocable Offer of Dedication (IOD) and a Deed Restriction as required by conditions of approval for Cannon Road West, Project No. 31 84. 2. Cannon Road West Mitigation Measures Summary. 0 0 EXHIBIT 2 CANNON ROAD WEST MITIGATION MEASURES SUMMARY Elevated, separated bridge with soundwalls Coastal Commission habitat and buffer as required by the California $286,3( Creation/restoration of 2.06 acres of wetland direct wetland impacts for 0.96 acres $1 09,8~ Additional endowment to mitigate for concurrent $390,0( Special design and construction requirements $21 501 Endowment contribution to Agua Hedionda Lagoon sage and southern maritime chaparral $366,01 Land purchase to mitigate for impacts to coastal $80,0( Cowbird trapping in Macario Canyon Canyon $520,0 Weed/exotic plant eradication in 28 acres of Macario buffer in Macario Canyon $532,8 Creation of 3.31 acres of wetland habitat and 100-foot $2,500,0 NOTE: These costs do not include mitigation previously performec by Kelly Ranch to grade Reach 2. . ,, ..; 0 f ,f ;. .-j I ' .: 0 .. '* ' I 1 RESOLUTION NO. 98-46 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 WITH CITY ATTORNEY APPROVAL TO EXECUTE AN CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER RESTRICTION AS REQUIRED BY THE CONDITIONS OF IRREVOCABLE OFFER OF DEDICATION (IOD) AND A DEED 4 5 APPROVAL FOR CANNON ROAD WEST, PROJECT NO. 3184. 6 a California Coastal Commission; and 7 WHEREAS, the City has received a conditional Notice of Intent to issue permits fron WHEREAS, the Army Corps of Engineers will not consider their application complete the Coastal Development Permit is issued; and 9 WHEREAS, a requirement of the Coastal Permit is the recordation of restrictions ir 10 11 form of an Irrevocable Offer of Dedication for Open Space or a Deed Restriction; and WHEREAS, construction of Cannon Road cannot begin until all permits are issued; ar WHEREAS, construction windows are limited due to the proximity to endangered spel 12 l3 and 14 WHEREAS, the City Council can authorize the City Manager with City Attorney appr 15 to execute said documents; and 16 WHEREAS, this action will expedite receiving the permit and executing documc 17 18 required by the permits; and WHEREAS, execution of documents complying with the terms and conditions of Resource Agency permits is in prior compliance with the certified environmental studies. 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst 20 California, as follows: 21 1. That the above recitations are true and correct. 22 Ill 23 24 Ill I// 25 Ill 26 111 27 111 28 I// e 0 1 2. That the -City Manager with City Attorney approval are hereby authoriz 2 3 execute the Irrevocable Offer of Dedication for Open Space and the Oeed Res\y\cq(y substantially conform to the attached forms, labeled Exhibit A. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City G 5 held on the 17th day of February , 1998 by the following vote, to wit: 6 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall 7 8 9 10 11 ATTEST: 12 13 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ". . I EL : 61952 1 9672 :. I e 0 EXHIBIT "A" RECOROING REQUESTED BY AND RETURN TO: 1 45 Frernont Street, 20th Floor California Coastal Commission $an Francisco, CA 94105-2219 2 5 4 5 OPEN SPACE DEED RESTRICTION I 6 7 WEREAS, ! 8 I . ' , hereinafter referred to as the "Owner( 5) ,'I is/ are 9 the record owner( J) of the following real property: lo II Ill 12 herelnafer referrid to as the ''Property: N and ' 13 II 14 of 1976," (the Act) ; and 20 Resources Code, hereinafter referred to as the "California Coastal' Act 19 tone as defined in section 30103 of Oivlslon 20 of the California Publlc 18 111. WHEREAS, the subject property 1s located within the coastal 17 CaIlfornSa; and le to as the nComnissfon,u is acting on behalf, of the People of the State of 16 XI. WHEREAS, the Californ4a Coastal Commission, hereinafter referrer I 21 Comnission for a coastal development penntt on the Property described 22 IV. WHEREAS, pursuant to the Act, the Owner applied to the above'; and 23 24 V. WHEREAS, 'coastal development permit number ,hereinafter 25 27 26 referred to as the nPerml t ,Ii was granted on I 19-* by and Findings, attached hereto as Exhibit A and herein Incorporated by the Comnission in'accordance wlth the provlsion of the Staff Recommendation OURT PAPER fAT# OW CALIPOmWlr m. 11a tnw. a-?aa I 0.C II ~ ". .. .""_.. TEL : 613521 9672 e e reference; and VI. WII(REAS, the Permit was subject to the terms and cond.ftions including, but not llmlted to the following condWonW: q. .. 20 VII- WERW, the Cmnissian found that but for the impositlon of the 21 22 23 could therefore not have been .granted; and 24 above conditlon(r) the proposed development could not be found consistent wjth the provisions of the California Coastal Act of 1976 and that a permit VIII. WHEREAS, Owner has elected to comply ulth the conditions(s) 25 28 27 . imposed by the Permit and execute this Deed Restrfctlon 'so as to enable Owner to undertake the development authorized by the Permit. // :writ rAmn raw OF aLmtnum ~TD. I fa II~SV, q.nl -2 - 0 Dm ~~ -. . .- ". .. ."" 21-4 TEL:613521 3672 I I- n 0 0 1 NOW, THEREFORE, In consideration of the granting of the Permit to the 2 3 the use and enjoyment of said Pkoperty, to bu attached to and become a part 4 Comnission that there be and hereby is created the following restrictlans on 3 owner by the Com!ssion the Owner hereby Irrevocably covenants wlth the of the deed to the property. I f 8 7. COVENANT. CONOITXON AND RESTRXCTZON. Tho undersigned Owner, for 7 covenants and agrees that: 8 himself/herself and for hislhet heirs, assigns, and successors in interest, 9 the us0 of ihe Protected Land as shoun on Exhibit 8, attached hereto 10 and Incorporated herein by reference, shall be limlted to natural open space I 11 fl 12 13 14 15 16 for habltat protection, prlvate recreation and. resource and resource conservation uses. No development as defined In Public Resources Code section 30106, attached hersto as Exhfbit C and incorporated here.ln by reference, including, but not llmited to-removal of trees and other .major or native vegetation, grading, paving, installation of structures such as sfgns , bui Idings, etc., or "I 10 19 following subject to applicable governmental regulatory requirements.: 20 shall occur or be a1 lowed on the Protected Land with the exception of the 21 (a) the removal of hazardous. substances or condjtlons or 22 diseased plants or trees; 23 (b) the removal of any vegetatlon whlch constitutes or 24 27 residential development; 28 ' and which vegetatlon lies wlthin 100 feet of existing or pennltted 26. contrl butes to a fire hazard to resldenttal use of neighboring ptopertl es, (c)' the instal lation or repni r of underground ut 1 1 lty 1 lnes .URT CAPER '.= 0. ULIVOOC*IA 0 I IS 1ll.V. a.711 ll . -3- 0.m I - 5 " _"I I, I. ". JIY TEL:619521 3672 I ! i I ! I I. XtRT PAPdR tarts 0. uLlmoInm re 113 (nsv. 1.911 0.C I 0 0 and septlc systems f (d) Othsr: ~ I 2. OURATION. Said Oeed RestrictIan shall remaln in full force 1 I and effect during the period that the sald pqrmlt, or any madification or i'amendnent thereof remains effective, and durlng the perlod that the develop- I. I mant autharked by the Permit or any modlfication of raid develoment, ' ~remalns In exlstence in or upon any part of, and thereby confers benefit upo on, the Property described heretn, and shall blnd Owner and all hls/her I I assigns or successors In interest. 1. ~ 3. TAXES AND ASSESSHENTS. It 1s intended that thls Deed Restriction is Irrevocable and shall constltute an enforceable restrictton wlthln the meanlnq of a) Artlcle XTII, seetlon 8, of the California Constitution; and b) ,sectfon 402.1 of the Callforn~a Revenue and Taxation Code or succimor statute. Furthemre, this Deed Restriction shhll be deemed to constltute a . servitbde upon and burden to the property withln the mennlng of section 3712(d) of the CalPfornfa Revenue and Taxation Code, or successor statute, .. survives a sale of taXd88med property. 4. RIGHT OF ENTRY: The Cornissfon or its agent may enter onto the Property at ttmes reasonabty acceptable to the Owner to ascertain whether the use restrictfons set forth above are being observed. 5. REHEDIES. Any act, conveyance contract,.or authordzatian by the Owner whether written or oral which uses ar would cause to be used or ~wuld pennit use of the Property contrary to the termr.of thls Oeed .Restriction will be deemed a violation and u breach .hereof. The Commission and hner may pursue any and a11 ava-llable legal and/or equitable remedjes to enforce the terms and conditions of this Oeed Resr?ctlon. In the event of a I -4- ~ --. .. ------I.-_ ~v#-~I-~A~~LuN TEL: 619521 3672 e e i' breach, any forbearance on the part of either 9arty to enforce the terms anc provisions hereof' shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 6. SEVERABILITY. If any provislon of these restrletlons is 1 eld to be Invalld, or for any reason becomes unenforceable, no other rovislon shall be thereby affected or lmpalred.. Dated: 8. "3- SIGNED: :: -. . r I'n -. .. *. '. , ,, (NOTARY ON NEXT PASE) couw PAC~ W4TM av ULIVOIINIC. STD. 113 IRIY. S-rII -5- 0.P .. . CL : e)+J3LI JOlL r li 0 0 ,I ’ s STATE Of CALIFORNIA 1 COUNTY Of 2 3 4 3 6 7 8 9 10 11 12 13 14 15 1s 17 On , before me, , a Notary Pub 11 c , personal 1 y appeared , personally tcn6wn to me (or proved to me on the basis of satisfactory evldence) to be thc person(s) whose nam(s) islare subscrlbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( les), .and that by hls/her/their signature( s) on the Instrument the person( s) , or the entjty upon behalf of which the perron( s) acted, executed the Instrument. I WITNESS my hand and off 1 clal seal . ? ’. slqnaturo I STATE Of CALIFORNIA CWNTY OF 1 I On , before me, S a Notary 18 Publlc, personally appeared , personal ly known to me (or proved to me on the basis of satisfactory evidence) to be the person($) whose name(s) Islare subscribed to the wlthln Instrument and 19 20 21 22 23 1 acknowledged to me that ha/rhe/they executed the same In hfs/her/thelr authorized capaeity(ies), and that by hfs/her/their slgnature(s) on the I instrument the person(s), or the entity upon behalf of which the petson(s) 24 acted, executed the instrument. 25 28 MXTNESS my hand and offlcial seal. 271 SI gnature COURT PACER SW. 11s cncv. &.?*I STAR OC 0.LlFOllllC. om- -6- ~ - - - - - . . ICL:e)+JDLL Jb/Z I e 0 1 Conmission when it granted .Coastal Devalopmant Permit No. 4 Coastal Comnisslon pursuant to authority conferred by the California Coastal 3 hereby acknowledged by the undersigned officer on behalf of the California 2 This is to certlfy that the Open Space Deed Restriction set forth above is t, on and the Callfornla C.oastal Ccrmnission consents tc 6 recordatlon thereof by Its duly authorized officer. 711 8 1 Oated : 9 10 1 CALIFORNIA COASTAL COMMISSION I1 II l2 H 13 : i .14, STATE OF CALIFORNIA , . l5 COUNTY OF SAN FRANCISCO Le , On , before me, , a Notary 17 known to me (or proved to me on the basis off satisfactory evldonce) to be 18 Public, personal ~y appeared , personally 20 26 24 acted, executed the Instrument. 23 instrument the person(s), or the entity upon behalf of which the person(o) 22 authorized capaclty(ies) , and that by hls/her/thel .. r signature( s) on the 21 acknowledged to me that he/she/they executed the sarno In hls/her/thelr 2o the pgrson(5) whose name(s) islare subscrjbad to the wlthin fnstrument and 19’ WITNESS my hand and official seal. 27 I St gnature caunr pAp=n LTITl OF CACI~OliNlA Gm. I 13 amrv. e.-%, 0.C -7- - .- ". .. .""_I I CL i mIJ3LA Yb/Z a. 0 EXHIBIT C [30106. Development] llOevelopmentu means, on land, in or under water, the,placement or erectio of any solid materkl or structure; dlscharge or dlsposal of any dredged material or of any gaseous, liquid, solfd, or thermal waste: grading. removing, dredging, mining, or extraction of any materlals; change In the denslty or tntenrity of use of land, Including, but not limited to, subdivision pursuant to the SubdIviri.on Hap Act (commenclng with Section 6641 of the Government Code), and any other dlvislon of land, including lot splits except where the land division 1s brought about In connection with the purchase of such land by a publlc agency for public recreatlonal use; change In the intensity of use of water, or of access thereto; construction, reconstruction, demolltion, or alteration of the size of any structure, including any facllity of any prfvate, public, or municipal. uttltty; and the removal of harvestlng of major vegetation other than for agricultural purposes, kelp harvestlng, and timber operatlonr which are In accordance with a timber harvestlng plan submitted pursuant to. the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (eomrnenclng with Section 45'11). 4 As used in this section, Hstructure" includes, but is not limited to, any I' ' building, road, pipe, flume, conduit, siphon, aqueduct. telephone line, and . electrical power transmtsslon and distribution line. JRN-30-1338 FRI 15:34 1D:COASTRL COMMISSION TEL : 613521 3672 P 1 e RECORDING REQUESTED BY AND RETURN TO: 45 FRMUNT STWET. SUIT€ 2000 CALIFORNIA COASTAL COMMISSION SAN FRANCISCO, CA 94105-2219 I i I! a 2 I/ 5? 4 5 6 7 IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT AND 8/ DECLARATION OF RESTRICTIONS 9 10 THIS IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT AND DECLARATION 11 RESTRICTIONS (hereinafter referred to as the "Offer") Is made thls d 12 of . , 19-* by 13 , (herelnafter referred to as the "Grantor'' 14 17 legal ly descrl bed as set forth in attached EXHIBIT A hereby Incorporated by 16 property located 1 n the County of , State of Californ 15 I. WHEREAS, Grantor i s the 1 egal owner of a fee Interest of certain referred to as the "Callfornla Coastal Act of 1976"): and 20 defined In section 30103 of the Californla Publlc Resources Code (hereinaft 19 11. WHEREAS, all of the Property Is located wl thin the coastal zone a 18 reference (hereinafter referred to as the ItProperty"); and 21 111. WHEREAS, the Callfornla Coastal Act of 1976, (hereinafter referre 22 3 of Dlvtslon 20 of' the Public Resources Code; and 25 Commission must he cons4stent wlth the pol!cies of the Act set forth !n Cha 24 to as the nCommisslon'l) and requires that any development approved by the 23 as the "Act") creates the Cal ifornla Coastal Commlssfon (hereinafter referr 26 IV, NHEREAS, pursuant to the Act, Grantor applied to the Commlsslon f 27 a permlt to undertake development as deflned Sn the Act on the Property; an COURT PIPER a-r~rs os anLwonwh %TU. I 13 IRCV. n-72 1 I1 DaC ' II TEL: 619521 3672 P w-v. -V -44- rn~ LJZJ~ IL)~LUW~~~L LUP1rIISSIUN *. i 0 e 1 lI V. WHEREAS, on -v 19". the Commlsslon acting 2 I subject to the followlng condltion (hereinafter referred to as the "Condfti 6 Findlngs, attached hereto as Fxhlblt 8 and hereby 1 ncorporated by reference 5 "Permlta8) In accordance wl th the provislons of the Staff Recommendation and 4 development perm1 t number (herelnafter referred to as the 3 behalf of the State of Cali fornla and pursuant to the Act, granted coastal 7 8 9. 10 11 12 13 14 16 IS 17 18 19 VI. NHEREAS, the Comisslon has placed the Condition on the Perm 20 21 7) to preserve the open space and resource values present on the property a so as to prevent the adverse dlrect and cumulative effects on coastal resou uhlch could occur if the Property were not restrlcted In accordance therewi' and 2) because In the absence of the protectlons provfded by the Condition a flndlng requlred by Publlc Resources Code sectlon 30604(a) that the proposec development Is In conformity wlth the prov'lsions of Chapter 3 of the Act COI 22 23 24 26 26 11 not be made: and 27 VXII. WHEREAS, Grantor has elected to comply with the Condl tlon and exet GOURT PAPER WAY8 OP CALlfOlYI* BTD. I 13 bnev. 0.7at // oar 11 -2- J~IW-~W-AJJQ rm~ L~:s= IU:LUH~IF~L LUMMISSION e TEL: 619521 9672 0 1 .. I 1 jthls Offer so as to enable Grantor to undertake the development authorized 2 I the Permit. I 3 NOW AND THEREFORE. in consideratlon of granting of the Permit to I I 4 5 Grantor by the Commlsslon. the Grantor hereby, Irrevocably offers to dedical over a portlon of the Property to be dedlcated as follows: 6 the People of the State of Cal lfotnla, an easement in gross and 1 n perpetu' , 7 1. DESCRIPTION. The easement offered hereby affects that portlc 8 ' the Property I I I I i ! 10 and as speci flcal ly described in EXHIBIT C, attached hereto and i ncorporatc 'i 11 12 13 ; 14 15 16 17 18 19 hereln by reference (hereinafter referenced as the "Protected Land"). 2. PURPOX. The easement Is far the purpose of preserving tha 1 ai r, vlew and sccn! c qualities over and upon the Protected Land. 3. DURATION. ACCEPTANCE AND TRAWRILITY. Thls irrevocable ( of dedlcation shall be binding upon the owner and the helrs, assigns, or successors In interest to the Property descrlbed above for a period of 21 years. This Offer may be accepted by any agency of the State of Cali fornlz polttlcal, subdivlsian, or a private assoclatlon acceptable to the Executlvr Director of the Cornmisston (hereinafter referred to as the "Grantee"). Sut 20 21 22 23 24 acceptance shall be effectuated by recordatlon by the Grantee of an accepta of thl s .Offer In the form attached hereto 'as EXHIBIT E. Upon such recordat of acceptance, thls Offer and terms, condltlons, and restrictions shall haw the effect of a grant of open space and scenlc easement In gross and perpet for 1 ight, air, vl ew, preservatlon of scenlc qual1 ties over the Protected L; I I 25 n that shai 1 run wl th the lahd and be blnding on the helrs, asslgns, and 26 1 successors of the Grantor. After acceptance. thls easement may be transfer 271 to and held by any entl ty whl ch qual I fies as a Grantee under the criteria COURT PAPER 670, 113 IDPV 1#*y*r# 61hT.tl OF CALIMRNIA II Dl# H -3- JHN-SW-AYYU FRI 15:36 1D:COASTAL COMMISSION 0’’ TEL : 613521 3672 e 1 2 f hereinabove stated. Acceptance of the Offer Is subject to a covenant nhlc which qualifies as a Grantee under the crlteria hereinabove stated. 4 untll such tlme as Grantee effectively transfers said easement to an entjl 3 runs wlth the land, provfding that the Grantee may not abandon the easemer 5 4. llsF OF PROPW. Upon recordatton of thl s Offer and thereafi 6 7 perpetul ty the use of the Protected Land shall be Hmlted to natural open as EXHIBIT D and Incorporated hereln by reference, Includlng but not llmit g development as defined in Publlc Resource!; Code sectlon 30106. attached hf 8 for habltat protectlon, private recteatfon, and resource conservation Use: 10 Installation of structures such as signs, bulldfngs, etc., or 11 removal of trees and other major or native vegetation, gradlng, paving, 12 13 14 15 16 17 ~ shall occur or be allowed on the Protected Land wlth the exceptlon of the Pol low1 ng subject to appll cab1 e governmental regulatory requirements; (a) the removal of hazardous substances or condltlons or diseased plants or trees; la (b) the removal of any vegetation whlch constltutes or 19 20 contributes to a fire hazard to residentlal use of nelghborlng properties, which vegetatlon 1 les withfn 100 feet of existlng or perm1 tted restdentlal 21/1 development; 22 23 (c) the installatlon or repalr of underground utillty llnes and septlc system; 241 (dl Other: 2511 -- 2aB 5. RIGHT OF ENTRY. The Commisslon, any Grantee acceptlng this 27 offer. or their respective agents may enter onto the Property at times COURT PAPER MATE 81 ClLltOlNlA 5TO. 113 ,am. o.7~1 II ow M -4- JAN-30-1938 FRI 15:36 1D:COFISTAL COWMISSION 0 I 0 TEL : 619521 9672 1 1 set forth above are belng observed. 2 reasonably acceptable to the Grantor to ascertaln whether the use restrict 3 6. WIT AND BURD€&. Thls Offer shall run wlth and burden th 4 the land and shall be binding upon and inure to the benefl t of the success 5 Property and all oblfgatlon, terms, conditions, and restrictlons running w 6 and assigns of' both the Grantor and Grantee, whether voluhtary or Involunt <7 7. REMEDIES. Any act, conveyance, contract, or authoritatton b, 8 permlt use of the protected land contrary to the terms of this offer wlll g Grantor whether wri tten or oral whlch uses or would cause to be used or wo 1 10 11 deemed a vlalatlon and a breach hereof. The Grantor, any Grantee acceptln breach, any forbearance on the part of any such party to enforce the terms l4 easement and thelr respectlve Interest .fn the property. In the event of a 15 and/or equl tab1 e remedf es to enforce the terms and conditions of the Offer l2 thSs Offer and any offeree of this Offer may pursue any and all avallable .. 15 16 17 . 18 19 20 21 22 23 24 25 provisions hereof shall not be deemed a walver of enforcement rights regan any subsequent breach. 8. IAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be ' all real property taxes and assessments levfed or assessed agalnst the Property. It is Intended. that thf s frrevocable offer and the use restrlct' contatned hereln shall constltute enforceable restrlctions withln the mean' of a) Artlcle XIII, section 8 of the Callfornla Constitutlon; and b) sectlc 402.1 of the Callfornla Revenue and Taxatlon Code or successor statute. Furthermore, the Offer. easement and iestrictlons shall be deemed to constl a servltude upon and burden to the Property wlthin the meanlng of section 3712(d) of the California Revenue and Taxatlon Code, or successor statute, 26 27 which survives a sale of tax-deeded property. 9. MAINTENANCE. The Grantee shall not be obligated to maintaln, COURT PAPER BTbTL Or C&LlFOmNI4 BTO. $13 IIICV~ 0.7~1 I 0.C II -5- JRN-30-1998 FRI 15:36 1D:COASTAL COMMISSIIJN 0 TEL: 619521 3672 0 1 I 2 Improve, or otherwlse expend any funds fn connectlon wlth the property or interest or easement created by thfs Offer. All costs and expenses for St t 3 4 maintenance, fmprovement, use or possession, except for costs Incurred by borne by the Grantor. 5 Grantee for mod taring compllance wl th the terms of thls easement .- shall t 6 10. MBILITY AND INDFMNIFZCW. Thls conveyance Is made and 7 departments, officers, agents, and employees are to be free from all Iiabl 8 accepted upon the express condl tlon khat the Grantee, 1 ts agencfes, 9 10 11 12 15 14 16 I I and clalm for damages by reason of any injury to any person or peisons, Includlng Grantor, or property of any kind whatsoever and to whomsoever belong1 ng, ?ncl udi ng Grantor, from any cause or causes whatsoever, except matters arlslng out of.the sole negllgence of the Grantee, whlch in, upon, in any way connected with the Property, Grantor hereby covenanting and agr to indemnify and hold harmless the Grantee. 1 ts agencies, departments, offlcers, agents and employees from all liablllty, loss, cost,and obllgati 18 17 18 19 20 on account of or aristng out of such Injuries or losses however occurrlng. Grantee shall have no right of control over, nor duties and responslbi\itl with respect to the Property whlch would sub3ect the Grantee to any liabil occurring on the 1 and by VI rtue of the fact that the rlght of the Grantee enter the land is strlctly llmited to preventlng uses lnconsistent wfth th 21 interest granted and does not include the rlght to enter the land for the 22 1 purposes of correcting any dangerous condl tlon as defined by Cal lfornia 23 II Government Code sectlon 830. 24 25 26 11. WERABILITY. If any provlston of these restri ctlons is he1 d to be lnval Id or for any reason becomes unenforceable, no other provi shall be thereby affected or Impaired. I/ 27 COURT PAPER UATI 01 WLWOUMIA 6Tn 113 IREV. li.721 OW I/ 27 COURT PAPER UATI 01 WLWOUMIA 6Tn 113 IREV. li.721 OW - 6-. JGN-30;1338 FRI 15:37 1D:COCISTAL COMMISSION I/ 0 TEL : 619521 3672 0 P li Executed on this - day of i . 19”. 2 jlat , Call fornl a. 3 4 5 6 7 TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE - 8 11 11 ‘l . - 1 9’ I 10 ‘ 11 -: STATE OF .. COUNTY OF On , before me, 12 13 Ia 1 Notary pub1 I c, personal ly appeared * 14 ” personally known to me Cor proved to me on the basis of satlsfactory evldence) to be the person(s) whose namecs) ls/ate subsctlbed to the wlthln Instrument and acknowledged to me that he/she/they executed the same In hl siheritheir authorlzed capacl ty(les), and that by hts/her/their slgnature(s1 on the instrument the person(s1, or the entlty upon behalf of 15 16 17 18 I,g 1 which +he persan(s) acted, executed the Anstrument. ’ 2o I( WITNESS my hand and offlci a1 seal. 21 22 23 Signature i 24 25 1 26 27 em?K OF cnwonw COURT PAPER 6TD. 113 LGlEV. 0-421 OW -7- _... . -- ---- I *.a *4.-~ IY~LUH~IWL ~unn~ss~o~ TEL : 613521 3672 1 0 0 lj This is to certify that the Offer to Oedlcate set forth above Is 2 California Coastal Commisslon consents to recordation thereof by Its duly 5 Development Permit Number on and the 4 pursuant to the actlan of the Commisslon when It granted Coastal 3 'hereby acknowledged by the undersigned offlcer on, behal P of the Commlssion authorlzed officer. 6 8 i t 7 8 Dated:. 9 10 CALIFORNIA COASTAL COMMISSION l1 I1 l2 ll 13 14 STATE OF CALIFORNIA 15 COUNTY OF SAN FRANCISCO la On . before me, . a Notary 17 21 20 evidence) to be the petson(s1 whose name(s1 Is/are subscrl bed to the 19 personally known to me (or proved to me on the basis of satisfactory 18 Pub1 t c , personal ly appeared 23 22 8 within instrument and acknowledged to me that he./she/they executed the same In his/her/thelr authorlzed capaclty(ies1, and that by hls/her/thelr slgnatureCs) on the Instrument the person(s1, or the entl ty upon behalf of whlch the person(s1 acted. executed the instrument. WITNESS my hand and official seal. I 24 I 25 26 27 SI gnature - COURT PAPER OTATP 01 CALIIORWh STO. 113 tnw. cl.m ow -8- - . - r * Y - kvms I nc LUI-II-I&~~ A ON TEL:619521 9672 L e e ! EXHIBIT P 1 Publlc Resources Code Sectlon 30106 "Development" means, on land, in or under water, the placement or erection of any solid mater1 a1 or. structure; liquld, solid. or thermal waste: gradlng. removing, dredging, mlnlnq, or extractton of any materlal s; change In the dens1 ty or Intensity of use of land, Includfng, but not limited to, subdlvlslon pursuant to the Subdivlslon Map Act (commenclng with Section 66410 of the Government Code), and any other d?vlsion of land, Including lot spllts, except where the land dlvlslon Is brought about in connection wlth the purchase of such land by a public agency for .public recreational use; change in the intensl ty of use of water. or of access thereto; construction, reconstruction, demolltlon, or alteratlon of the size of any municlpal utlllty; and the removal or harvestlng of major vegetation other than for agricultural purposes, kelp harvest1 ng, and timber operations whlch are In accordance wlth a timber harvesting plan submltted pursuant to the provlslons of the Z'berg-Nejedly Forest Practlce Act of 1973 (commenclng nl th . Sectlon 4571). As used tn this sectlon, "structure" includes, but is not I dl scharge or dt sposal of any dredged material or of any gaseous, structure, lncludlng any facility of any private, public, or llmlted to, any building, road, plpe, flume, conduit, siphon, aqueduct, telephone 11 ne, and electrical power transml ssion and dlstrlbution line. I JAN-drd-1938 FRI 15:38 1D:COFISTFIL COMMISSION 0 TEL : 61SSZ1 9672 RECORDING REQUESTED BY AND RETURN TO: EXHIBIT E 1 Callfornla Coastal Commission 45 fremont Street, Suite 2000 San Franc1 sco, CA 941 05-221 9 Attention: Legal Div! slon I ' CERTIFICATE OF ACCEPTANCE i ! This is to certify that hereb, i ! accepts the Offer to Dedlcate eKecuted by on 1 19- and recorded on , 19,, as Instrument No. In the Officlal Records of the Office of the Recorder of County. DATED: BY : 1 STATE. OF CALIFORNIA COUNTY OF FOR : On , before me, ,a Notary Pub1 ic , personal ly appeared , personally known to me (or proved to me on the basls of satlsfactory evidence) to be the person($) whose name($) Ware subscrlbed to the wlthin Instrument and acknowledged to me that he/she/they executed the same In hls/her/thefr authorlzed capacity(ies), and that by his/her/their signature(s1 on the Instrument the person(s1, or the entlty upon behalf of whlch the person(s1 acted, executed the instrument. WITNESS my hand and official seal. SI gnature -. . Page 1 of __... __ ____ . ... --.-v AY.WJ~JI~L ~UI-IrIAaalUN TEL : 619521 9672 .? 0 e ACKNQHLE&EM$IT BY CALIFORNIA COASTAL COMMISSION Thl s Is to certlfy that is a public agencylprlvate association acceptable to the Executlve Dlrector t the California Coastal Commission to be Grantee under the Offer to Dedicate executed by on and recorded on . in the offlce of the Recorder of County as Instrument No. DATED : CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA COUNTY OF On , before me, , a Notary Pub1 t c, personally appeared D personal 1 y known to me (or proved to me on the basis of satlsfactory evldence) to be thc person(s) whose name(s) is/are subscribed to the wlthln Instrument and acknowledged to me that helshelthey executed .the same in his/her/their authorized capacIty(ies), and that by hls/her/thefr slgnature(s1 on the Instrument the person(s1, or the entlty upon behalf of whlch the person(s1 acted, executed the i ns trument. WITNESS my hand and offtcial seal. Signature Page 2 of