HomeMy WebLinkAbout1998-02-17; City Council; Resolution 98-46+
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/I RESOLUTION NO. 98-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER
WITH CITY ATTORNEY APPROVAL TO EXECUTE AN
IRREVOCABLE OFFER OF DEDICATION (IOD) AND A DEED
RESTRICTION AS REQUIRED BY THE CONDITIONS OF
APPROVAL FOR CANNON ROAD WEST, PROJECT NO. 3184.
WHEREAS, the City has received a conditional Notice of Intent to issue permits from th
California Coastal Commission; and
WHEREAS, the Army Corps of Engineers will not consider their application complete un
the Coastal Development Permit is issued; and
WHEREAS, a requirement of the Coastal Permit is the recordation of restrictions in tl-
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; and
WHEREAS, construction windows are limited due to the proximity to endangered specie?
and
WHEREAS, the City Council can authorize the City Manager with City Attorney approv;
to execute said documents; and
WHEREAS, this action will expedite receiving the permit and executing document
required by the permits; and
WHEREAS, execution of documents complying with the terms and conditions of th.
Resource Agency permits is in prior compliance with the certified environmental studies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbaci
California, as follows:
1. That the above recitations are true and correct.
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1 2. That the City Manager with City Attorney approval are hereby authorized
2 execute the Irrevocable Offer of Dedication for Open Space and the Deed Restriction th
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substantially conform to the attached forms, labeled Exhibit A.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Coun
held on the 17th day of February , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
ATTEST:
(SEAL)
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OUlT PAPER
VAT. 0. ULl?OlWII m. Ita (mv. ..?at
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EXHIBIT "A"
RECORDING REQUESTED BY AND RETURN TO:
Californla Coastal Commlssion 45 Fremont Street, 20th Floor San Francisco, CA 94105-2219
OPEN SPACE DEED RESTRICTION
WEREAS,
' , hereinafter referred to as the "Owner( s) ,It is/ are
the racord owner(s) of the following real property:
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hereqnaf er referred to as the "Property; y and
11. WHEREAS, the Californla Coastal Commission, hereinafter referred
to as the aComnisslon,y 1s actfng on behalf. of the People of the State of
CallfornSa; and
111. WHEREAS, the subject property Is located within the coastal
tone as defined in section 30103 of Oivlsion 20 of the California Public
Resources Code, hereinafter referred to as the "Californla Coastal' Act
of 1976. Ii (the Act) ; and
IV. WHEREAS, pursuant to the Act, the Owner applied to the
Comnissi on for a coastal development penni t on the Property descrl bed
above'; and
V. WHEREAS, 'coastal development pennit number , hereinafter
referred to as the "Perm-lt ?I1 was granted on 0 19-, by
the Comniss%m 1n.accordance with the provision of the Staff Recommendation
and Findings, attached hereto as Exhibit A and herein Incorporated by
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reference; and
VI. WHEREAS, the permit was subject to the terms and conbltlons
including, but not Ilmited to the following condftion(s1:
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above condltlon(s) the proposed deveJopment could not be found consistent
23 could therefore not have been .granted; and
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VII. WHEREAS, the Comnis,slon found that but for the Imposition of the
with the provisions of the California Coastal Act of 1976 and that a penit
VtfI. WHEREAS, Owner has elected to comply wlth the condltions(s)
25 imposed by the Permit and execute this Oeed Restrlctlon 'so as to enable
Owner to undertake the development authorized by the Permit.
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=OUW CAPER 1T41W01CALlWWlA sro. 113 IWCV. q.7a1
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>URT CACKR '4- 0. ULIIOIIWIa '0. 113 inmv. a.711
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NOW, THEREFORE, In consideration of the granting of the Permit to the
Wner by the Commission the Owner hereby Irrevocably covenants with the
Comnisslon that there be and hereby is created the following restrlctlons on
the use and enjoyment of sald Pkoperty, to be attached to and become a part
of the deed to tbe property.
1. COVENANT. CONOITION AND RESTRICTION. The undersigned Owner, for
ihimself/herself and for hidher heirs, asslgns, and successors in interest,
1 covenants and agrees that':
~ the use of the Protected Land as show on Exhibit 8, attached hereto
and incorporated herein by refermnce, shall be limited to natural open space
for habitat protectlon, private recreation and. resource and resource
conservation uses. No development us defined in Publlc Resources Code
section 30106, dachsd hereto as Exhibit C and incorporated hemin by
reference, Including, but not llmitsd to.remova1 of trees and other.major or
native vegetation, grading, pavlng, Installation of structures such as
slgns , bul ldfngs, etc., or
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shall occur or be allowed on the Protected Land with the exceptlon of .the
following subject to applicable governmental regulatory requirements:
(a) the removal of hazardous. substances or condftions or
diseased plants or trees;
(b) the removal of any vegetatlan which constitutes or
contrl butes to a flre hazard to resldentfal use of neighbotlng propertfes,
and which vegetation lies within 100 feet of existing or pennftted
resldential development;
(c) the installation or repair of underground utility lines
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3URT PAFUR tat8 0. ULIlQIWIb ro. !IJ tnw. o.7~1
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and septfc systems;
(d) Other:
2. DURATION. Said Deed Restriction shall remaln in full force
and effect during the period that the sald pqrmit, or any modification or
amendment thereof remains eff active, and during the period that the develop-
ment aothorlzed by the Pennqt or any modlf lcati on of raid develoment ,
remains In existence in or upon any part of, and thereby confers benefit
upo on, the Property described herein, and shall bind Owner and all his/her
assigns or successors In interest.
3. TAXES AND ASSESSHENTS. It Is intended that this Deed Restriction
Is Irrevocable and shall constltute an enforceable restriction wtthin the
meaning of a) Artlcle XIZI, section 8, of the California Constitutlon;
and b) ,section 402.1 of the Ccllifornia Revenue and Taxation Code or succ@ssor
statute. Furthermore, this Deed Rsstrlctlon shhll be deemed to constitute a
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:servitbde upon and burde? to the property wjthin the meaning of sectlon
3712(d) of the Califomla Revenue and Taxation Code, or successor statute,
survjves a sale of taxdeemed property.
4. RIGHT OF ENTRY: The Conmlsslon or its agent may enter onto the
Property at tlmes reasonably acceptable to the Owner to ascertain whether
the use restrictions set forth above are befng observed.
5. REMEDIES. Any act, conveyance contract, , or authori zatSon by
the Owner whether written or oral which uses or would cause to be used or
~ uould permit use of the Property contrary to the tetms.of this Deed
.Restriction ulll be deemed a vlolatlon and u breach .hereof. The Comnirsion
and Owner may pursue any and all avallable legal and/or equitable remedies to
enforce the terms and conditions of this Deed Resryctlon. In the event of a
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regarding any subsequent breach. 3
provisions hereof’ shall not be deemed a waiver of enforcement rights 2
breach, any forbearance on the part of either party to enforce the terms and
4 6. SEVERABILlfY. If any provision of these restrlctlons is
I !5 held to be Invalid, or for any reason becomes unenforceable, no other
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provislon shall be thereby affected or lmpalred,.
9, Dated : #. 19-
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SI ME0 : SIGNED:
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(NOTARY ON NEXT PAGE)
count PACIR ItAW 0. ULllOllWlL STD. 111 IRLY. m.7Zl -5-
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(/STATE OF CALIFORNIA
'I 1 COUNTY OF '
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On , before me, , a Notary
Pub1 i e, personal ly appeared , personally
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known to me (or proved to me on the basis of satisfactory evidence) to be the,
person(s) whose name(s) is/aro subscribed to the within Instrument and
acknowledged to me that he/she/they executed the same in hls/her/their
authorized capacity( les), ,and that by his/her/their signature( s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the Instrument.
11 WITNESS my hand and official seal.
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15 ,. STATE OF CALIFORNIA
COUNTY OF 18
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On , before me, , a Notary
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Pub 1 i c . pe rsonu 1 1 y appeared , personally
known to me (or proved to me on the basis of satisfactory evqdence) to be the
person(s) whose namo(s) ls/are subscribed to the withln Instrument and
acknowledged to me that hehhe/they executed the same In hls/her/thelr
lauthorized capacity(ies) , and that by his/her/thelr slgnature(s) on the
ll instrument the person( s) , or the entlty upon behalf of which the petson( J) 24
//acted. executed the instrument.
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28 WITNESS my hand and offlcial seal.
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Signature COURT PACER
UTA- OC 0.LICOIIWcI STIS. 113 I*W. 6.7%)
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~~IV-JU-~JJO rmA L3:LcI .-.IY~~o~L ~U1~11r11331UN ILL: ”“A& “IL r: IL
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hereby acknowledged by the undersigned officer on behalf Of the Californta 2
this is to certify that the Open Space Oeed Restriction set forth above 1s
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Dated : 0
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recordation thereof by its duly authorized officer. 6
on and the California Coastal Canmission consents to 5
Carmission when It granted .Coastal Developmsnt Permit No. Q
Coastal Comnission pursuant to authority conferred by the Callfornla Coastal 3
lo CALIFORNIA COASTAL COMMISSION
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14 STATE OF CALIFORNIA , .
IS CWNTY OF SAN FRANCISCO
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the person(s) whose name( s) is/are subscribed to the wlthln Instrument and 19’
known to me (or proved to ma on the basis of satisfactory evidence) to be la
pub I I c , persona 1 1 y appeared , personally 17
On , before me, , a Notary
acknowledged to me that he/she/they executed the 581119 In his/her/their
21 authorized capaclty(les), and that by hfs/her/their .. slgnature(s) on the
22 imtrument the perron(s), or the entity upon behalf of which the person(s)
23 acted, executed the Instrument.
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WITNESS my hand and official seal.
Signature
cwnr mptn
sro. ria .qsw. 1.721 GILT. or ULIIOLNI~
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EXHIBIT C
[ 301 06. Devel opmen t J
"Developmentu means, on land, in or under water, the.placement or erection of any solid material or structure; dfscharge or disposal of any dredged
material or of any gaseous, liquid, solid, or thermal waste; grading.
removlng, dredging, mining, or extraction of any materials; change In the
denslty or tntenstty of use of land, Includlng, but not limited to, subdivision pursuant to the Sobdivisi.on Map Act (commencing with Section bb410 of the Government Code), and any other divislon of land, jncluding lot splits, except where the land division ls brought about In connection with the purchase of such land by a public agency for public recreational use; change In ths Intensity of use of water, or of access thereto; constructton, reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, publlc, or municipal. utiltty; and the removal of harvestlng of major vegetation other than for agricultural purposes, kelp harvesting, and t.lmber operations which are In accordance with
a timber harverttng plan submitted pursuant to. the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (comencing with Section 4511).
As used in thil' section, Hstructure" Includes, but is not limited to, any
' buildlng, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and
electrical power transmission and distribution line.
JAN-30-1338 FRI 15:34 1D:COASTAL COMMISSION
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RECORDING REQUESTED BY AND RETURN TO: CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET. SUITE 2000 SAN FRANCISCO, CA 94105-2219 li
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IRREVOCABLE OFFER TO OEDICATE OPEN SPACE EASEMENT
7! AND 81 DECLARATION OF RESTRICTIONS
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10 THIS IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT AND DECLARATION 01
11 11 RESTRICTIONS (hereinafter referred to as the "Offer") Is made thls day
12 of , 19-s by
13 , (hereinafter referred to as the "Grantor") -
I 14 I. WHEREAS, Grantor 5 s the 1 egal owner of a fee Interest of certain re
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property located In the County of , State of Cal Ifornl a
reference (herelnafter referred to as the "Property88); and 17
legally descrlbed as set forth in attached EXHIBIT A hereby incorporated by
10 11. NHEREAS, a1 1 of the Property 1 s located wl thfn the coastal zone as
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defined In section 30103 of the Californla Publfc Resources Code (hetelnaftel
referred to as the "Californla Coastal Act of 1976"); and
21 111. WHEREAS, the Callfornla Coastal Act of 1976, (herelnafter referred
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3 of Divtslon 20 of the Publlc Resources Code; and 25
Commlssion must be consistent wlth the pollcles of the Act set forth In Chap 24
to as the IICommi sslon") and requl res that any development approved by the 23
as the "Act") creates the California Coastal Commlssion (heretnafter referrec
I 26 IV. WHEREAS, pursuant to the Act, Grantor applled to the Comml ssIon fo 1 27 a permlt to undertake development as deflned Sn the Act on the Property; anc
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JAN-30-1988 FRI 15:35 1D:COFISTFIL COMMISSION
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1 1 v. MEREAS. on v 19-, the Commlssion acting on
2 I behalf of the State of Callfornla and pursuant to the Act, granted coastal
! 3 I development permit number (herelnafter referred to as the
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subject to the following condltion (herefnafter referred to as the "Condition' 6
Findings, attached hereto as Lxh! bi t Q and hereby Incorporated by reference, 5
"Perm1 t") In accordance with the provisions of the Staff Recommendation and
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VI. WHEREAS, the Colnnlission has placed the Condjtion on the Permfi
1) to preserve the open space and resource values present on the property ant
a It so as to prevent the adverse dlrect and cumulative effects on coastal resour1
22 1) whl ch could occur if the Property were not restricted in accordance therewltl
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23 . /I and 2) because In the absence of the protections provlded by the Condition tl
24 11 flndlng requlred by Public Resources Code section 30604(a) that the proposed
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development is In conformity wlth the provlslons of Chapter 3 of the Act cou
not be made: and
VIII. WHEREAS, Grantor has elected to comply with the Condi tion and exec
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COURT PAPER 6TATa OC CALIMINI& 6r0, If9 (DVY W')28
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thls Offer so as to enable Grantor to undertake the development authorized by
the Permit.
NOW AND THEREFORE, 1 n cons1 deration of granting of the Permit to thl
Grantor by the Commtssion. the Grantor hereby. Irrevocably offers to dedicate
the People of the State of Californla, an easement fn gross and 1 n perpetuity
over a portlon of the Property to be dedl cated as follovs:
1. PESCRIPTION. The easement offered hereby affects that portton
the Property
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and as specjflcally descrl bed in EXHIBIT C, attached hereto and 1 ncorporated
hereln by reference (hereinafter referenced as the "Protected Land").
2. PURPOX. The easement 1 s for the purpose of preserving the 11:
air l vlew and sce.nI c qual it1 es over and upon the Protected Land.
3. DURATION. ACCEPTANCE AND TRANSFWILITY. Thls irrevocable of.
of dedlcation shall be bindlng upon the owner and the helrs, assigns, or
successors in interest to the Property described above for t~ perlod of 21
years. This Offer may be accepted by any agency of the State of California,
political. subdfvlsqon, or a prlvate assoclatlon acceptable to the Executive
Dlrector of the Commlssjon (hereinafter referred to as the "Grantee"). Such
acceptance shall be effectuated by recordation by the Grantee of an acceptan
of this .Offer In the form attached hereto as EXHIBIT E. Upon such recordati
of acceptance, thls Offer and terms, condltlons, and resttictlons shall have
the effect of a grant of open space and scenic easement in gross and perpetu
for 1 ight, a1 r, view, preservation of scenic qual1 ties over the Protected La
that shall run wlth the land and be blndlng on the helrs, asslgns, and
successors of the Grantor. After acceptance, thfs easement may be transt'err
to and held by any entl ty wh1ch qualjfles as a Grantee under the criteria
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JCIN-30-1998 FRI 15:36 1D:COCISTAL COMMISSION
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1 ! hereinabove stated. Acceptance of the Offer Is subject to a covenant nhlch 1
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which qualifies as a Grantee under the crlterla hereinabove stated. 4
until such tlme as Grantee effectively transfers said easement to an entity 5
runs wl th the 1 and, provlding that the Grantee may not abandon the easement
5 4. SF OF PROPEBIy. Upon recordation of thts Offer and thereafter
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for habltat protection, private recreation, and resource conservatlon uses. .7
perpetul ty the use of the Protected Land shall be llmlted to natural open spi
as EXHIBIT D and Incorporated hereln by reference, Includl ng but not limited g
development as deflned !n Publqc Resources Code sectlon 30106. attached here' 8
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!nstallation of structures such as signs, bulldlngs, etc., or 11
removal of trees and other major or native vegetatlon, grading, pavl ng,
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15 fol low1 ng subject to appl1 cab1 e governmental regulatory requl rements;
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shall occur or be allowed on the Protected Land wlth the exceptton of the
(a) the removal of hazardous substances or condltlons or
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dlseased plants or trees;
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(b) the removal of any vegetatlon whlch constltutes or
contributes to a Pi re hazard to residential use of neighboring propetttes. a
whlch vegetatlon 14 es withtn 100 feet of exlstlng or perm1 tted restdenttal
development;
(c) the Instal latlon or repalr of underground uti 1 f ty
1 lnes and septtc system;
(dl Other:
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26 1 5. RIGHT OF ENTRY,. The Commisslon. any Grantee acceptlng thl s
27 offer, or thelr respectlve agents may enter onto the Property at times
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lset forth above art3 betng observed. 2
reasonably acceptable to the Grantor to ascertafn whether the use restrlctfon
I : 3 6. WIT UD SURQf3i. Thjs Offer shall run with and burden the
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the land and shall be blndlng upon and inure to the benefit of the successors 5
Property and all obllgatlon, terms, condltlons, and restrlctlons running wlth
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and asslgns of both the Grantor and Grantee, whether voluntary or Involuntary
7. REMEDZES.. Any act, conveyance, contract, or authorizatlon by ?
Grantor whether written or oral whlch uses or would cause to be used or woulc
permlt use of the protected land contrary to the terms of thls offer wlll be
deemed a vlal atlon and a breach hereof. The Grantor, any Grantee accept1 ng
thS s Offer and any offeree of thl s Offer may pursue any and a1 1 available le(
and/or equl table remedles to enforce the terms and condltlons of the Offer ar
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breach, any forbearance on the part of any such party to enforce the terms a1 14
easement and their respective interest in the property. In the event of a
pr0.v.l slons hereof shall not be deemed a walver of enforcement rights regardil 15
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arty subsequent breach.
8. JAKES AND MSSMENTS. Grantor agrees to pay or cause to be p
all real property taxes and assessments levled or assessed against the
Property. It i s Intended. that thl s Irrevocable offer and the use restrlctio
contatned hereln shall constftute enforceable restrictions wfthln the meanln
of a) Article XIII, sectlon 8 of the Callfornla Constitutlon; and b) section
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22 11 402.1 of the Cal lfornla Revenue and Taxatlon Code or successor statute.
23 ll Furthermore, the Offer. easement and restrlctions shall be deemed to consti t
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a ssrvltude upon and burden to the Property wlthin the meaning of section
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! 3712(d) of the California Revenue and Taxatlon Code, or successor statute, .
whlch survlves a sale of tax-deeded property.
9. MNTENANCE. The Grantee shall not be obligated to malntaln.
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@TD. 119 IlILV. 0,7?.l BTATL OI CALIFOW14 n
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11 Improve, or otherwlse expend any funds in connectlon wlth the property or any
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Grantee for rnonl toring compl lance wl th the terms of thl s easement .. shall be . 4
maintenance, jmprovement, use or possesslon, except for costs incurred by 3
interest or easement created by this Offer. All costs and expenses for such
and clalm for damages by reason of any injury to any person Or persons, g
departments, officers, agents, and employees are to be free from all llablllty 8
accepted upon the express condltlon that the Grantee, Its agencles, 7
10. JJABILITY AND IN~NIFICATION. Thls conveyance Is made and 6
borne by the Grantor.
10 Includlng Grantor, or property of any klnd whatsoever and to whomsoever
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belonging, lncludlng Grantor, from any cause or causes whatsoever, except
matters arising out of th,e sole negligence of the Grantee, whlch in, upon, or
in any way connected wi tli the Property, Grantor hereby covenanting and agreeing
to indemnffy and hold'harmless the Grantee. Its agencies, departments,
officers, agents and employees from all liablllty, loss, cost,and obligatlons
on account of or arlslng out of such Injuries or tosses however occurrlng. The
Grantee shall have no rlght of control over, nor dutles and responslbl Iltles
wl th respect to the Property whlch would subject 'the Grantee to ,any 1 lability
occurring on the land by vlrtue of the fact that the rlght of the Grantee to
enter the land is strlctly Ilmited to preventlng uses Inconslstent with the
interest granted and does not include the rlght to enter the land for the
purposes of correcting any dangerous condltlon as defined by Callfornia
Government Code sectton 830.
. 24
25
11. WERABILITY. If any provlslon of these restrlctlons Is
held to be Inval Id or for any reason becomes unenforceable, no other provi slon
I shall be thereby affected or Impaired.
I/ '
26
27
lllT PAPER rw or wLwon*Ia ll3 IRCV. 0.721
OB2 -6-.
I
JAN-30-1388 FRI 15:37 1D:COFISTAL COMMISSION
.L -. ll 1 a : 619521 9672 P: la
1 I/ Executed on thls - day of 9 19-,
2 IIat I; , Cal Ifornl a.
3
4
5 6n
7
8
9
I I I 10
t ! 11
12
13
14
TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE
1.
.~.
STATE OF
COUNTY OF
On , before me, *a
Notary pub1 f c, personal ly appeared *
personally known to me (or proved to me on the basis of satlsfactory
15
16
evidence) to be the person(s) whose name(s) ls/are subscribed to the
wlthln instrument and acknowledged to me that he/she/they executed the
171( same In hlslherlthelr authorized capaclty(ies), and that by his/her/their
' 18
19
20
21
22
23 Signature
stgnaturets) on the instrument the person(s), or the entlty upon behalf of
which the person(s1 acted, executed the Instrument.
WITNESS my hand and official seal.
i i
I i
24
25
26
27
COUNT PAPER
6TO. I1 3 (REV. n*'U b ' BTATL OFCILWORYI~
OW -7-
"*VI. JAN-30-1338 FRI 15:37 1D:COASTRL COMMI=CT"hi
*. II e -
TEL : blYsZ1 3672 0 P: 11
1
authorized offlcer. 8
Callfornla Coastal Commisslon consents to recordatlon thereof by its duly 5
Development Permit Number on and the 4
pursuant to the action of the Commlsslon when It granted Coastal 3
'hereby acknowledged by the undersigned offlcer on. behalf of the Commission 2
1 This fs to certl fy that the Offer to Dedicate set forth above is
I I ,I
7
8 Dated:.
9
10 CALIFORNIA COASTAL COMMISSION
l1 /I
l2 II
13
14 STATE OF CALIFORNIA
15 COUNTY OF SAN FRANCISCO
16 0" , before me, , a Notary
17
personally known to me (or proved to me on the basls of satisfactory 18
Pub1 I c, personal ly appeared *
evldence) to be the person(s1 whose name(s1 Islare subscribed to the 19
I
I 20 I
wl thln instrument and acknowledged to me that heishelthey executed the
same In hislherithelr authorlzed capaclty(les1, and that by hfs/her/thetr
slgnature(s) on the Instrument the person(s1, or the entlty upon behalf of
i 21
22
!
23 I1 whrch the person(s) acted. executed the instrument.
24
25
' WITNESS my hand and official seal.
26
27 SI gnature -
c4URT PAPER LTATP OD empqnrlr $70. ?$TI IREU. 11.7a1 ll ow I1 .
-a-
JAN-JW-IYSU I-KI 15:37 1D:COASTfL COMMISSION TEL : 613521 3672 P: 12
._ 0 0
I
!
1 1
JXHIBIT Q
Public Reswces Code Section 30108
"Development" means, on land, in or under water, the placement or erectlon of any solid materla? or. structure:
dl scharge or disposal of any dredged mater1 a1 or of any gaseous, liquld, solld, or thermal waste; grading, removing, dredgfng,
mintng, or extraction of any materials; change In the density or intensity of use of land, including, but not limited to, subdlvlslon pursuant to the Subdivlsion Map Act (cornmenclng wlth Section 66410 of the Government Code), and any other divlslon of land, including lot spllts, except where the land divtsion 1 s brought about In connectlon with the purchase of such land by a publlc agency for publlc recreatlonal use; change In the Intensity of use of water, or of access thereto; constructlon, reconstruction, demolition, or alteratlon of the slte of any structure, includlng any facility of any private, public, or municipal ut1 11 ty; and the removal or harvestlng of major vegetation other than for agricultural purposes, kelp harvestlng, and tlmbet operations whlch are in accordance with a timber harvesting plan submitted pursuant to the provlsfons of the Z'berg-Nejedly Forest Practlce Act of 1973 (commencqng with ' Sectlon 4511). L
I
As used In thqs section, 'lstructure" Includes, but Is not llmlted to, any buildlng, road, pipe, flume, conduit, slphon, aqueduct, telephone 1 inel and electrical power transmi sslon and dlstrlbution line.
1
JRN-90-1338 FRI 15:38 1D:COASTRL COMMISSION 6 : 619521 3672
c 0 P: 13
RECORDING REQUESTED BY AND RETURN TO: U(HIB1T 1 Callfornla Coastal Commisslon
45 Fremont Street, Suite 2000 San Franctsco, CA 94105-2219 Attention: Legal Division
I
CERTIFICATE OF ACCEPTANCE
i ! This is to certlfy that hereby i ! accepts the Offer to Dedicate executed by
on I 19-B
and recorded on , 19,, as Instrument No.
In the Official Records of the Office of the Recorder of
County.
DATED: . BY :
FOR:
I STATE. OF CALIFORNIA
COUNTY OF
I
On , before me, *a Notary
Pub1 i c I personal ly appeared , personally
known to me (or proved to me on the basIs of satlsfactory evidence) to be the
person(s> whose name(s1 is/are subscribed to the wlthin instrument and
acknowledged to me that he/she/they executed the same In hls/her/their
authorlzed capaci ty(les), aqd that by his/her/thelr slgnature(s1 on the
instrument the person(s), or the entity upon behalf of which the petson(s1
acted, executed the instrument.
WITNESS my hand and official seal.
Signature -. .
Page 1 of 2
TEL:619521 3672 JeN-30-1338 FRI 15:38 1D:COeSTRL COMMISSION
I w 0 a P: 1'
ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION
Thls Is to certlfy that
Is a publlc agency/private assocfation acceptable to the Executfve Dlrector of
the California Coastal Commlssion 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 i c a personal ly appeared , personal 1 y
known to me (or proved to me on the basls of satlsfactory evidence) to be the
person(s) whose name(s) Is/are subscrlbed to the wIthln instrument and
acknowledged to me that he/shelthey executed-the same in hls/her/their
authorized capaclty(tes), and that by hls/her/thelr slgnature(s) on the
lnstrument the person(s), or the entlty upon behalf of whlch the person(s1
acted, executed the 1 ns trument.
I
WITNESS my hand and offlcial seal.
Signature
Page 2 of 2