1981-73145 `a
81--073145
436
FILE/PAGE
Recording by 3005 i981 {
n4 equest�d and RECORDEO itEQUEST OF
When Recorded, Mail Tb: A) p .�
�ps�{-1d--1. �i0lf2lill�S C O f
California Coastal Canmission
631 Howard street, 4th Floor MAR 10 421 FN 81
San Francisco, California 94105
Attention: FiCiAL RECORDS
Legal Department SAN DIESO COUNTY.CA► 3 '!
VERA L.LYLE '
RECORDER 'M
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WO FEE i 0
•• IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT
AND
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DECLARATION OF RESTRICTIONS
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THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN SPACE EASEMENT AND
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DECLARATION OF RESTRICTIONS (hereinafter "Offer) is made this���ay of
19 A by
(hereinafter referred as "Grantor"). C
I.. WHEREAS, Grantor is the 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"); C
and i
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 r
hereinafter referred to as the "Public Resources Code"); and r
III. WHEREAS, the California Coastal Act of 1976, (hereinafter referred to as -
r the "Act") creates the California Coastal Camnission (hereinafter referred to as
the "Commission") a.-ri the San Diego Coast Regional Commission .
(hereinafter "Regional Commission") and requires that any development approved
the Commission or Regional egional Commission must be consistent with the policies of {
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OFFER TO DEDICATE r 437
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F9555 f
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the Act set forth in Chapter 3 of Division 20 of the Public Resources Code; and r .±
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IV. WHEREAS, Pursuant to- the Act, Grantor applied to the Commission or J
Regional Commission for a permit to undertake development as defined in the Act IY 0
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within the coastal zone of San Diego County (hereinafter the
"Permit°); and :v
V. WHEREAS, in its decision on the Permit_ (Permit No. F955.5 ), decided
on February 6, , 1981, the Commission or Regional Commission found that:
Section 30251 of the Coastal Act states that new development shall be sited to
protect views to and along the ocean and to minimize the alteration of natural land
forms. The proposed project does not involve substantial grading, and is set back ; v
far from the edge of the bluff, thus, no alteration of land forms would result from
immediate development. In order to ensure that the bluff face would not be altered
or developed in away that is inconsistent with Coastal Act policies in the future, 4
the Commission finds that a condition requiring dedication of the bluff face is
warranted: This condition would prohibit any alteration of land forms, placement O
or removal of vegetation, or erection of any structures on the bluff face, without
— the approval of the Coastal Commission or its successors in interest. With the
attached special condition, the Commission finds that the proposed project would
be consistent with Section 30251 of the Coastal Act which calls for the main-
tenance of scenic and visual qualities within coastal areas. - C
VI. WHEREAS, the Commission or Regional Cammission, acting on behalf of the
People of the State of California and pursuant to the Act, granted the Permit to t
the Grantor upon oondition (hereinafter the '"Condition") requiring inter alia
that the Grantor record a deed restriction and irrevocable offer to dedicate an r
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 - r
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
Property were not restricted in accordance with this offer; and
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OFFER TO DEDICATE p j
F9555
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s VII. WHEREAS, the Commission or Regional Commission has placed the Condition on
the Permit because a finding nest be made under Public Resources Code Section m
30604(a) that the proposed development is in conformity with the provisions of
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Chapter 3 of the Act and that in the absence of the protections provided by the
Condition said finding could not be made; and
VIII. WHEREAS, Grantor has elected to comply with the Condition and execute this
Offer so as to enable Grantor to undertake the development authorized by the
Permit; and Z '
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IX. WHEREAS, it is intended that this Offer is irrevocable and shall j g
constitute enforceable restrictions within the meaning of Article XIII, Section
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;
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NCW 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 i r
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, ' C
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 Commission (hereinafter, the "Grantee"), an open space easement
in gross and in perpetuity for light, air, view, and for the preservation of
scenic qualities over that certain portion of the Property specifically - r
described in Exhibit B (hereinafter the Protected Land); rn
The Offer and dedication of this Open Space Easement subjects the "Property
to the following terms, conditions and restrictions:
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OFFER TO DEDICAT9 439 ,
F9555
1. USE OF PROPERTY. The use of the Protected Land shall be limited to
natural open space for habitat protection, private recreation and rescue
conservation uses and visual resource protection
No development as defined in Public O
Resources Code, Section 30106, attached hereto as Exhibit C and incorporated
herein by this reference, including but not limited to, removal of trees and
other major or native vegetation, grading, paving, or installation of structures N
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 tree.
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b) the removal of any vegetation which constitutes or contributes to a ` 7
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fire hazard to residential use of neighboring properties, and which vegetation O
lies within 100 feet of existing or permitted residential development; Z
c) the installation or repair of underground utility lines and septic
systems; C
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2. RIGHT OF E.Yl'M The Grantee or its agent may enter onto the 'Proper-
ty ..to ascertain whether the use restrictions set forth above are being `
observed at times reasonably acceptable to the Grantor. m
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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 rn
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OFFER TO DEDICATE s 440
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F9555
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imposed shall be deemed to be covenants and restrictions running with the land 4� f
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and shall be effective limitatins on the use of the Property from the date of m
recordation of this document and shall bind the Grantor and all successors and
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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
shall be thereby affected or impaired.
5. ENFORCEMENT. Any act or any conveyance, contract, or authorization
whether written or oral by the Grantor which uses or would cause to be used or 0
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 j 0
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
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activity, or an action to.enforce the terms and provisions hereof by specific Z
performance. It is understood and agreed that the enforcement broceeding
provided in this paragraph is not exclusive and that the Grantee may pursue any ;
appropriate legal and equitable remedies. The Grantee shall have sole
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discretion to determine under what circumstances an action to enforce-the terms
and conditions of this Offea. shall 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.
6. TAXES AND ASSESSRENTS. Grantor agrees to pay or cause to be paid all
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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OFFER TO DEDICATE 441
'.F9555
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or otherwise expend any funds in connection'with the Property or any interest or
easement created this Offer. All costs and expenses xpenses for such maintenance, {
improvement use or possession shall be born by the Grantor, except for costs f
incurred by grantee for monitoring compliance with the terms of this easement.
8. LIABILITY AND INDEMNNIFICATION. This conveyance is made and accepted 0
upon the express condition that the Grantee, its agencies, departments, E
officers, agents and employees are to be free from all liability and claim for
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damage by reason of any injury to any person or persons, including Grantor, or i Z
property of any kind whatsoever and to whatsoever belonging, including Grantor, _
from any cause or causes whatsoever, except matters arising out of the sole rn
n li ence of the Grantee while in
e9 9 , , upon, or in*anyway -connected with the O
Property, Grantor hereby covenanting and agreeing to indemnify and hold harmless
the Grantee, its agencies, departments, officer, agents and employees from all s 0
liability, loss, cost, and obligations on account of or arising out of such C
injuries or losses however occurring. The Grantee shall have no right of r
control over, nor duties and responsibilities with respect to the Property which
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would subject the Grantee to any liability occurring upon the land by virtue of m
the fact that the right of the Grantee to enter the land is strictly limited to
preventing,uses inconsistent with the interest granted and does not include the
right to enter the land for the purposes of correcting any dangerous condition r
as defined by California Government Code Section 830.
9. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, _ r
obligations, and reservations contained in this Offer shall be binding upon and +m
inure to the benefit of the successors and assigns of both the Grantor and the m
Grantee, whether voluntary or involuntary.
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OFFER TO DEDICATE 442
F9555
10. TERM. This irrevocable offer of dedication shall be binding upon the
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owner and the heirs, assigns or successors in interest to the Property m `
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described above for a period of 21 years. Upon recordation of an acceptance of
this offer by the grantee in the form attached hereto as Exhibit D, this offer 0
and terms, conditions and restrictions shall have the effect of a grant of open v
space and scenic ease.rzant in gross and perpetuity for light, air, view, and the
perservation of scenic qualities over the open spacs area that shall run with
the land and be binding on the parties, heirs, assigns and successors.
Executed on thisOO7'--day of at /� - ''�I 4E-14A,— , California
Dated: Fe Z O, /1 Signed: m
PATRICIA D. BROWN O
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STATE OF CALIFORNIA ) -
COUNTY OF �G11(1 i Jl e . p ) ss
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On tA�rupLrU a4 , 19 1, before me, the undndersigni d Notary r ,
Public, personally appeared &"ev `-' w ��. •
and , }mown to me to be the persons whose names
are subscribed to the foregoing instrument and acknowledged to me that they rn
executed the same.
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OFFER TO DEDICATE '� l��� •
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Witness my hand and official seal the day and year in this certificate j � *
first above written.
OFFICIAL SEAAL
Notary Public, in and f:0r:he Q
CHRISTINE WONG County of
,NOTARY PUBLIC•CALIFORNIA
Plincipal Office in San Diego County State of California
My Commission Exp.Sept,24y 1,8�
This is to certify that the Offer to Dedicate set forth above dated v
and signed Y11• I a��t.C,CC,d, , /rn�
owner(s), is hereby acknowledged by the undersigned officer
on behalf of the California Coastal Cammission pursuant to authority conferred ;
by the California Coastal Commission when it granted Coastal Development Pe,nit
�r�tg r 6 and the California Coastal Co,I¢itission
on C
No.
consents to recordation thereof by its duly authorized officer. _
Dated: C co 1
a 1 S�
Calif i Co'astal Commission i F
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STATE OF CALIFORNIA r
COUNTy OF SAN FRANCISL"O
before the undersigned, a Notary Public in _ m
On JJ
and for said State, personally appeared �f Bd��i'I
Name
(mown to me to be the �t�7�d1'IrPrl Ye�raS � Je�
�,e a �i,v15P 1
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OFFER TO DEDICATE
F9555
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of the California Coastal CoRUnission and ]mown to me to be the person who
executed the within,instrument on beYialf of said Commission, and acknowledged to• ,�
me that such Commission executed the same. ;
Witness my hand and official seal.
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FAY THOMAS rlota is in and for said
r` Co and State '
5 NOTARY PUBLIC-CALIFORNIA
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y CITY AND COUNTY OF
SAN FRANCISCO
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My commission Expires Dec 4
.14,198
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DOIBIT A
Prop-rtV'
Lot 20 in Block 11 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. O s
ALSO, that 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 if-1925.
DESCRIBED AS FOLLOWS: V#/
Beginning at the Northwesterly corner of Lot 20, Block ll, said SOUTH COAST
PARK NO. 2; thence Westerly along the Westerly prolongation of Northerly line
of said Lot 20, Block 11, to its intersection with the Easterly line of that v
tract- of land conveyed by South Coast Land Company to County of San Diego by l
deed dated January 10, 1930 and recorded February 11, 1930 as Document No. N
7209 of Official Records; thence Southerly along said Easterly line to its
intersection with the Westerly prolongation of 'the Southerly line of said
Lot 20; thence Easterly along said Westerly prolongation to the Southwesterly
corner.of said Lot 20; thence Northerly along the Westerly line of said Lot
20 to the POINT OF BEGINNING. i
EXCEPTING THEREFROM any portion heretofore or now lying below the mean high O
tide line of the Pacific Ocean.
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OFFER TO DEDICATE
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EXHIBIT B
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Protected Land
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OFFER TO DEDICATE 447
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EXHIBIT C
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Public Resources Code Section 30106 ? 1
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{ 30106. Development C j
"Development" means, on land, in or under water, the '� f
placement or erection of any solid material or structure; ?
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
limited to, subdivision pursuant to the Subdivision Map Act
(commencing with Section 66410 of the Government Code), and
any other division of land, including lot splits, except O
where the land division is brought about in connection with
the purchase of such land by a public agency for public j
recreational use; change in the intensity of use of water, j! A
or of access thereto; contruction, reconstruction, demolition,
or alteration of the size of any structure, including any
facility of any private, public, or municipal utility; and.the
removal or harvesting of major vegetation other than for e
agricultural purposes, kelp harvesting, and timber operations
which are in accordance with a timber harvesting plan submitted
pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act
of 1973 (commencing with Section 4511).
As used in this section, "structure" includes, but is not j
limited to, any building, road, pipe, flume, conduit, siphon,
aqueduct, telephone line, and electrical power transmission
and distribution line.
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