1981-234715 .. • 'S�[
F-
1908 83-234715
FILEIPACE NO.�,� M
Recording R qu sced by and �
aoox Tsai
Whon Recorded, "zi). TO: RECORDED REQUEST OF _'
California Coastal Commission q(�l1ERICAN TITLE CQMI?AMl
631 Halard Street, 4th Floor
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San Crar:cisco, California 94105 .IUL 2� 3 15 P
Attention: Legal (apartment OFFICIAL RECORDS
SAN DIEGO COUNTY,CA,
VERA L.LYLE
RFCORDER
This instrument fi
led for record NO FELT
by American Title Company as an
accommodation only. It has not t3
been examined as to its execution
or as to its effect upon the titlol
IRM-WA5LE OFFER 1110 DEDICATE OPEN SPACE EASEMENT � r
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DECTARATION OF RESTRICTIONS s
THIS IPREVL'r-ABLE OFFER AND DEDICATION CF OPEN SPACE FASEMEN'T AND
DECIAf.TIQN OF RESTR?crIONS (hereinafter "Offer) is made this 10th day of
July f, 1981, by - - - - - JAMES B. MC INNIS - - - - - - - -,
(hereinafter referred to as "Grantor").
I. MERZAS, Grantor is t11e legal owner of a fee interest of certain real
properties located in the County of San Diego State of California and
described in the attached Exhibit A (hereinafter referred to as the "Property")
and
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II. %HERE.LS, all of the Property is located within the coastal zone as defined r.ir k
in Section 301.03 of the California Public Resources Code (which code is
hereinafter referred to as the "Public Resources Code") and
III. WHEREAS the California Coastal Act of 1976, (hereinafter referred to as
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the "Act:") creates the California Coastal Commission (hereinafter referred to as {
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the "Commission") arr3 the San Diego Coast Regional. CamnisSQti ,
(hereinafter "Regional Camnission") and requires that any development approved
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by the Commission or Regional Cayunission mist be consistent with the policies of
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the Act set forth in Chapter 3 of Division 20 of the Public Resources Code;-and
IV. WHE:RF.AS, Pursuant to the Act, Grantor applied to the Ca mussion or '
Regional Camussion for a pe-mi t to undertake development `
Reg opment as defined in the Act
within the coastal zone of Coun San Diego t
_ g y (hereinafter the ,
"Permit"); and y.
it
V. WHEREAS, in its decision on the Permit (Permit No. F9821 ), decided
on _ June 19 1981, the Commission or Regional Commission found that:
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Prior to issuance of the permit, the applicant shall record on each
parcel an irrevocable offer to dedicate to a public agency, or to a
private association acceptable to the Executive Director, an open
space easement on the bluff face•between the toe of the bluff and ,}
top edge of the bluff, as shown on plans filed with the San Diego
Coast Regional Commission and indicated on Exhibit "A" attached '
to these findings. e4
Said open space easement shall prohibit any alteration of landforms,
-• placement or 'removal of vegetation, or erection of structures of any
type, unless approved by the California Coastal Commission or its
successor in interest.
The offer shall be irrevocable for a period of 21 years, shall run
in favor of the People of the State of California, binding•-
: successors and assigns of the applicant and/or landowners, and
shall be recorded prior to all other liens and encumbrances except u
tax liens. The offer to dedicate shall be in a form and of content
acceptable to the Executive Director.
VI. MEREAS, the Commission or Regional Commnission, acting on behalf of the
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People of the State of California and pursuant to the Act, granted the Permit to
the Grantor upon condition (hereinafter the "Condition") requiring-inter alia E
that the Grantor record a deed restriction and irrevocable offer to dedicate an
too-
open space easement over the Property and agree to restrict development on and
use of the Property so as to preserve the open space and scenic values present
on the Property and so as to prevent the adverse direct and cumulative effects
on coastal resources and public access to the coast which could occur if the ,
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Property were not restricted in accordance with this offer; and
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VII. MEREAS, the Commission or Regional Commission has placed the Condition on t
the Permit because a finding must be made under Public Resources Code Section
30604(a) that the m
e proposed development is in conformity with the provisions of {
Chapter 3 of the Act and that in the absence of the protections provided by the W
Condition said finding could not be made; and
VIII. WMER AS, Grantor has elected to comply with the Condition and execute this
Offer so as to enable Grantor to undertake the development authorized by the
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Permit; and }
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IX. MEREAS, it is intended that this Offer is irrevocable and shall i
constitute enforceable restrictions within the meaning of Article XIII; Section s
8 of the California Constitution and that said offer when accepted shall thereby ,.
qualify as an enforceable restriction under the provision of the California
Revenue and Taxation Code, Section 402.1; ,
NGW THEREFORE, in consideration of the above and the mutual benefit and `
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conditions set forth herein, the substantial public benefits for the protection -
Of coastal resources to be derived, the preservation of the Property in �
open-space uses and the granting of the permit to the owner by the Commission, E
Grantor hereby irrevocably offers to dedicate to the State of California, a
political subdivision or a private association acceptable to the Executive )
Director of the Camassion (hereinafter, the "Grantee"), an open space easement i
in gross and in perpetuity for light, air, view, and for the preservation of
scenic qualities over that certain portion of the Property specifically
described in Exhibit B (hereinafter the Protected Land);
The Offer and dedication of this Open Space Easement subjects the Property
to the following terms, conditions and restrictions:
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1. USE OF ,PROPERTY The
— use of the Protected Lana shall be limited to
natural open space for habitat
protection, private recreation and resource
conservation uses
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' ---` No development as defined in Public
Resources Code, Se nco ction 30106, attached hereto as Exhibit C and i
. rporated
herein by this reference, includirr3 but not limited to, removal of trees and
other major or native vegetation, grading, paving, or installation of structures
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such as signs, buildings, etc., shall. occur or be allowed on the Protected Land _
with the exception of the following subject to applicable governmental
regulatory requirements:
a) the removal of hazardous substances or conditions or diseased
plants or trees. � a�
b) the removal of any vegetation which constitutes or contributes to a
fire hazard to residential use of neighboring properties, and -which vegetation
lies within 100 feet_ of existing or permitted residential development;
c) the installation or repair of underground utility lines and septic
systems;
d) '
2.. RIGHT OF ENTRY. The Grantee or its agent may enter onto the Psoger-
ty to ascertain wt,ether the use restrictions set forth above are being
observed at times reasonably acceptable to the Grantor. `
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3. BENEFIT AND BURDEN, This Offer shall run with and burden the
Property, and all obligations, terms, conditions, and restrictions hereby
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imposed shall be deemed to be covenants and restrictions running with the land
and shall to effective limitatins on the use of the Property from the date of
recordation of this document and shall bind the Grantor and all successors and
assigns. This Offer shall benefit the State of California.
4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is
held to be .invalid or for any reason become unenforceable, no other provision j
shall be thereby affected or impaired.
5. EMIORCE24ENT. Any act or any conveyance, contract, or authorization
whether written or oral by the Grantor which uses or would cause to be used or ' • j
would permit use of the Protected Land contrary to the terms of this Offer will '
be deemed a breach hereof. The Grantee may bring any action in court necessary
to enforce this Offer, including, but not limited to, injunction to terminate a
breaching activity and to force the restoration of all damage done by such 4
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activity, or an action to enforce the terms and provisions hereof by specific �
performance. It is understood and agreed that the enforcement proceeding
provided in this paragraph is not exclusive and that the Grantee may pursue any .. t
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appropriate legal and equitable remedies. The Grantee shall have sole
discretion to determine under what circumstances an action to enforce the terms
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and conditions of this Off em: :3all be brought in law or in equity. Any
forbearance on the part of Grantee to enforce the terms and provisions hereof in
�• the event of a breach shall not be deemed a waiver of Grantee's rights regarding
any subsequent breach.
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6. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid all .r
real property taxe and assessment levied or assessed against the Property,
7. MAINTENANCE. The Grantee shall not be obligated to maintain, improve {
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or otherwise expend any funds in connection with the Property or any interest or
easement created by this Offer. All costs and expenses for such maintenance, '
improvei nt use or possession shall be born by the Grantor, except for costs Y
incurred by grantee for monitoring compliance with the terms of this easement.
8. LIMILIT'i AND INDE.tNTFICATION. This conveyance is made and accepted
upon the e
Po xpress 'condition 'that the Grantee, its agencies, departments,
Officers, y
agents and employees are to be free from all liability and claim for
damage by reason of any injury to any person or persons, including Grantor, or
property of any kind whatsoever and to whomsoever belonging, including Grantor, F
from any cause or causes whatsoever, except matters arising out of the sole
negligence of the Grantee, while in, upon, or in anyway connected with the
Property, Grantor hereby covenanting and agreeing to indemnify and hold harmless
the Grantee, its agencies, departments, officer, agents and employees from all
liability, loss, cost, and obligations on account of or arising out of such
injuries or losses however occurring. The Grantee shall have no right of
control over, nor duties and responsibilities with respect to the Property which �.
would subject the Grantee to any liability occurring upon the land by virtue of
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the fact that the right of the Grantee to enter the land is strictly limited to
preventing ng uses .inconsistent with the interest granted and does. not include. the
right to enter the land for the purposes of correcting any dangerous condition
as defined by California Government Code Section 830.
9. SUCCESSORS AND ASSIG?7S, 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 the
Grantee, whether voluntary or involuntary.
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10. This irrevocable offer of dedication shall be binding--- g u pon the ;
owner and the heirs, assigns or successors in interest to the Property
described above for a period of 21 ears. t�
. y Upon recordation of an acceptance of
this offer by the grantee in the form attached hereto as Exhibit D, this offer
and term's, conditions and restrictions shall have the effect of a
grant of open �� • .��
space and scenic easement in ross and
9 perpetuity for light, air, view, and the
perservation of scenic qualities over the open space area that shall run with e
the land and be binding on the parties, heirs, assigns and successors.
Executed on this 10th day f Jul g
Y Y at San Diego , California ��_' �.
Dated: July 10, 1981 _ Signed: 44
MC INNIS ;3
STATE OF CALIFORNIA )
COUNTY OF San Diego ) ss
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On _ July 10 , 19 81 before me, the undersigned Notary
Public, personally appeared James B. McInnis f
is
known to me to be the person$ whose name _
xwmsubscribed to the foregoing instrument and acknowledged to me that they
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executed the same.
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1915 R
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Witness tmy hand and official seal the day and year in this certificate
first above written.
H
Pto �� Yublic, in and for the
OFFICIAL SFAL _
CYNTHIA A. THU
NOTARY PUBLIC•CAUFORNIA County of t r
Pdncipd Office In San Otago Coaaty
MYCommiulonEgL ion.20.1984 State of California
This is to certify that the Offer-to Dedicate set f
T ?orth above dated
Tu1�, JO 191L, and signed by Jar"$ � ►'I�JJI�Is
owner(s), is hereby acknowledged by the undersigned officer
on behalf of the California Coastal Commission pursuant to authority conferred {
by the California Coastal Commission when it granted Coastal Development Permit
F99.1 on un 1% �q�� and the California Coastal Coamnission
No'consents to recordation thereof by its duly authorized officer. ._
Dated: 1-
9 64+nW
Ca�ifdrnia Coastal ColTm►ission i
k
STATE OF CALIFORNIA "
COUNTY OF SAN FRANCISCO
On L �1 _, before the undersigned, a Notary Public in ,
a
and for said State, personally appeared STCdP �r(ts�n • �w '
'Male !�l►
n
known to me to be the w .orSJSLAA'*
asp. t�3s� �- 7
Tiftle ,
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1916
of the California Coastal Commission and ]mown to me to be the person who
executed the within instrument on behalf of said Commnission, and acknowledged to
me that such Commission executed the same. ' {
Witness ny hand and official seal. "
iUfAry in and for said
County and State
FAY THOMAS
NOTARY PUBLIC-CALIFORNIA
CITY AND COUNTY OF
SAN FRANCISCO
My Commission pcpires Dec.10.1984
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1917 ( k
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{ EXHIBIT "Au
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LEGAL DESCRIPTION } Y �
PARCEL "A"
LOT 12 IN BLOCK 12 AND PORTION OF BLOCK D OF SOUTH COAST PARK NO. 2 IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF ;
NO.1859, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 21, 1925 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 12; THENCE WESTERLY
ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 740 16' 30" WEST, 181.87 FEET
TO A POINT ON THE STATE BEACH BOUNDARY AS SHOWN ON RECORD OF SURVEY MAP
i
N0. 7038; THENCE SOUTHERLY ALONG SAID BOUNDARY SOUTH 210 15' 54" EAST,
50.24 FEET; THENCE NORTH 740 16' 30" EAST ALONG THE PROLONGATION OF THE '
SOUTHERLY LINE OF SAID LOT 12, 180.27 FEET TO THE SOUTHEAST CORNER THERE-
OF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 12 NORTH 190 .26'
45" WEST, 50.11 FEET TO THE POINT OF BEGINNING.
PARCEL "B"
LOT 11 IN BLOCK 12 AND PORTION OF BLOCK D OF SOUTH COAST PARK NO. 2 IN •�
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF.
NO.1859, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 21,-1925 DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 11; THENCE WESTERLY S,
ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 740 16' 30" WEST, 180.27 FEET "
TO A POINT ON THE STATE BEACH BOUNDARY AS SHOWN ON RECORD OF SURVEY MAP
NO. 7038; THENCE SOUTHERLY ALONG SAID BOUNDARY SOUTH 210 15' 54"EAST, a'
50.24 FEET; THENCE NORTH 740 16' 30" EAST ALONG THE PROLONGATION OF THE ' ►
SOUTHERLY.,LINE OF SAID LOT 11, 178.67 FEET TO THE SOUTHEAST CORNER THERE—
OF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 190 26'
45" WEST, 50.11 FEET TO THE POINT OF BEGINNING.
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1918 ;
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Exhibit 'B'
Open Space Easement
Those portions of Lots 11 and 12 in Block 12 and of Block D of South Coastf'
Park No. 2 in the County of San Diego, State of California according to
Map Thereof No. 1859, filed in the Office of the County Recorder of San ,
Diego County, September 21, 1925 more particularly described as follows: '
Commenciag.at the southeasterly corner of said Lot ll.;-,thence I
South 74 16130"West along the southerly line of said Lot 11, 77.34 feet to
the True Point of Beginning; thence continuing along said southerly line
South 7416-'30' West, 38.50 feet to the southwesterly corner of said Lot 11;
thence westerly.along the westerly prolongation of said southerly line to k
its intersection with the easterly line of that tract of land conveyed to '
the County of San Diego recorded February 11, 1930'. in Book 1731, Page 258
of deeds; thence northerly along said easterly line to its intersection
with the westerly prolongation of the northerly line of said Lot 12; thence
RIM-
easterly along the prolongation of the northerly line of said Lot 12 to the
northwesterlyocorner thereof; thence continuing eastegly along said northerly
line North 74 1g 30 �
East, 9.14 feet; thence South 28 1� 30 East, 11.59 feet; IC !!l
thence South 37 53'30" East d 14.25 feet; thence South 3 43'30" East,
20.15 feat; thence South 39 13'30" East, 10.60 feet; thence
South 27 28'30" East, 8.00 feet; thence South 34 28'30" East, 18.50 feet; �
thence South 68°13',30" East d 5.75 feet; thence North 74°16'30" East, • '`{
12.24 feet; thence South 40 43'30°" East, 19.00 feet to the True Point of
Beginning.`
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1919
EXHIBIT C
Public Resources Code Section 30106
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{ 30106. Development k
"Development" means, on land, in or under water, the
placement or erection of any solid material or structure;t
discharge or disposal of any dredged material or of any
gaseous, liquid, solid, or thermal waste; grading, removing, ,
dredging, mining, or extraction of any materials; change in ,{
the density or intensity of use of land, including, but not' ;' 'i
limited to, subdivision pursuant to the Subdivision Map Act
(commencing with Section 6641.0 of the Government Code), and
any other division of land, including lot splits, except
where the land division is brought about in connection with -
the purchase of such land by a public agency for public
recreational use; change in the intensity of use of water,
or of access thereto; contruction, reconstruction, demolition,
or alteration of the size of any structure, including any
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acility of any private, public, or municipal utility; and.the
removal or harvesting of major vegetation other than for
agricultural purposes, kelp harvesting, and timber operations •� i
which are in accordance with a timber harvesting plan submitted
pursuant to the provisions of the 2'berg-Nejedly,Forest Practice Act
of 1973 (commencing with Section 4511). i
As used in this section, "structure" includes, but is not-
limited to, any building, road, pipe, flume, conduit, siphon,
aqueduct, telephone line, and electrical power transmission
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and distribution line.
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