1983-40042
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.72)
OUP
Recording Requested by and
When Recorded Return to: ; �§ - C d
California Coastal Commission VV. 92
631 Howard Street, Fourth Floor � Gra f ---I
San Francisco, California 94105 OFFf[�
Attention: Legal Department
C33 JAN -5 P,1 1: 00
IRREVOCABLE OFFER TO DEDICATE OPEN -SPACE EASEMENT F
AND
DECLARATIONS OF RESTRICTIONS
THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN -SPACE EASEMENT AND
DECLARATIONS OF RESTRICTIONS (hereinafter "Offer ") is made this
(1) December 23 • , 1982 , by (2) Gary L. Brummett and
Raija H.Brummett(hereinafter referred to as "Grantor ").
I. WHEREAS, Grantor is the legal owner of a fee interest of certain
real properties located in the County of (3) San Diego
State of California and described in the attached Exhibit A (hereinafter
referred to as the "Property "); and
II. WHEREAS, all of the Property is located within the coastal zone
as defined in Section 30103 of the California Public Resources Code (which
code is hereinafter referred to as the "Public Resources Code "); and
III. WHEREAS, the California Coastal Act of 1976, (hereinafter
referred to as the "Act ") creates the California Coastal Commission
(hereinafter referred to as the "Commission ") and requires that any
development approved by the Commission must be consistent with the policies
of the Act set forth in Chapter 3 of Division 20 of the Public Resources
Code; and
IV. WHEREAS, Pursuant to the Act, Grantor applied to the Commission
for a permit to undertake development as defined in the Act within the
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1 coastal zone of (4) San Diego County (hereinafter the
2 "Permit "); and
3 WHEREAS, a coastal development permit, No. (5) 6 -82 -450 was
4 granted on (6) November 18 19 82 , by the Commission in
5 accordance with the provisions of the Staff Recommendations and Findings
6 (Exhibit E) attached hereto and hereby incorporated by reference, subject
7 to the following condition;(7)
8 Prior to issuance of the permit, the applicant shall record
irrevocable offers to dedicate to a public agency, or to a
9 private association acceptable to the Executive Director,
open space easements over the area described as follows:
10
All undeveloped areas on both Parcels i and 2 (TM #17652) that
11 exceed a natural slope gradient of 25 percent.
1.2 Said open space easements shall prohibit any grading, land
alteration or erection of structures of any type, unless approved
13 by the California Coastal Commission or its successor in interest.
14 The offer shall be irrevocable for a period of 21 years, shall run
in favor of the People of the State of California, binding
15 successors and assigns of the applicant and /or landowners, and
shall be recorded prior to all other liens and encumbrances except
16 tax liens. The offer to dedicate shall be in a form and of
content acceptable to the Executive Director.
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21 WHEREAS, the Commission, acting on behalf of the People of the
22 State of California and pursuant to the Act, granted the Permit to the
23 Grantor upon condition (hereinafter the "Condition ") requiring inter alia
24 that the Grantor record a deed restriction and irrevocable offer to
25 dedicate an open -space easement over the Property and agrees to restrict
26 development on and use of the Property so as to preserve the open -space and
27 scenic values present on the property and so as to prevent the adverse
RT PAPER
C 01 CAIII. -A . .
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COURT PAPER
STATC OF CALIFORNIA
STO. 113 (REV. 8.72)
O.P
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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
VII. WHEREAS, the Commission has placed the Condition on the permit
because a finding must be made under Public Resources Code Section 30604(a)
that the 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 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
IX. WHEREAS, it is intended that this Offer is irrevocable and shall
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;
NOW THEREFORE, in consideration of the above and the mutual
benefit and 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, 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 described in Exhibit B (hereinafter
the Protected Land); and
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COURT PAPER
STATE OR CALIPO RNIA
STO. 113 (REV. 8.721
OfP
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This Offer and Declaration of Restrictions subjects the Property to
the following terms, conditions, and restrictions which shall be effective
from the time of recordation of this instrument.
1. USE OF PROPERTY. The use of the Protected Land shall be limited
to natural open space for habitat protection, private recreation, and
resource conservation uses.
No development as defined in Public 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 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.
(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;
2. RIGHT OF ENTRY. The Grantee or its agent may enter onto the
Property to ascertain whether the use restrictions set forth above are
being observed at times reasonably acceptable to the Grantor.
3. BENEFIT AND BURDEN. This offer shall run with and burden the
Property, and all obligations, terms, conditions, and restrictions hereby
imposed shall be deemed to be covenants and restrictions running with the
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:OURT PAPER
;TAT£ OF CALIFORNIA
3TD. 113 (REV. 0.72
00r
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land and shall be effective limitations 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 becomes 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 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 activity, or an action to enforce
the terms and provisions hereof by specific performance. It is understood
and agreed that the Grantee may pursue any appropriate legal and equitable
remedies. The Grantee shall have sole discretion to determine under what
circumstances an action to enforce the terms and conditions of this Offer
shall be brought in law or in equity. Any forbearance on the part of the
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 ASSESSMENTS. Grantor agrees to pay or cause to be paid
all real property taxes and assessments levied or assessed against the
Property.
7. MAINTENANCE. The Grantee shall not be obligated to maintain,
improve, or otherwise expend any funds in connection with the Property or
any interest or easement created by this Offer. All costs and expenses for
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1 such maintenance, improvement use, or possession shall be borne by the
2 Grantor, except for costs incurred by grantee for monitoring compliance
3 with the terms of this easement.
4 8. LIABILITY AND INDEMNIFICATION. This conveyance is made and
5 accepted upon the express condition that the Grantee, its agencies,
6 departments, officers, agents, and employees are to be free from all
7 liability and claim for damage by reason of any injury to any person or
8 persons, including Grantor, or property of any kind whatsoever and to
9 whomsoever belonging, including Grantor, from any cause or causes
10 whatsoever, except matters arising out of the sole negligence of the
11 Grantee, while in, upon, or in any way connected with the Property, Grantor
12 hereby covenanting and agreeing to indemnify and hold harmless the Grantee,
13 its agencies, departments, officer, agent, and employees from all
14 liability, loss, cost, and obligations on account of or arising out of such
15 injuries or losses however occurring. The Grantee shall have not right of
16 control over, nor duties and responsibilities with respect to the Property
17 which would subject the Grantee to any liability occurring upon the land by
18 virtue of the fact that the right of the Grantee to enter the land is
19 strictly limited to preventing uses inconsistent with the interest granted
20 and does not include the right to enter the land for the purposes of
21 correcting any dangerous condition as defined by California Government Code
22 Section 830.
23 9. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions,
24 exceptions, obligations, and reservations contained in this Offer shall be
25 binding upon and inure to the benefit of the successors and assigns of both
26 the Grantor and the Grantee, whether voluntary or involuntary.
27 10. TERM. This irrevocable offer of dedication shall be binding upon
COURT PAPER
STATE OF CALIFORNIA
STD. 113 IREV. 8.721
OYP
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1 the owner and the heirs, assigns, or successors in interest to the Property
2 described above for a period of 21 years. Upon recordation of an
3 acceptance of this offer by the grantee in the form attached hereto as
4 Exhibit D, this offer and terms, conditions, and restrictions shall have
5 the effect of a grant of open- space and scenic easement in gross and
6 perpetuity for light, air, view and the preservation of scenic qualities
7 over the open -space area that shall run with the land and be binding on the
8 parties, heirs assigns, and successors.
9 Acceptance of the Offer is subject to a covenant which runs with the
to land, providing that any offeree to accept the easement may not abandon it
11 but must instead offer the easement to other public agencies or private
12 associations acceptable to the Executive Director of the Commission for the
13 duration of the term of the original Offer to Dedicate.
14 Executed on this �3" day of J)E 6E—M f3E7P_ at C P-J)) Ft
15 California. DATED: December 23, 1982
16 �� Ct a MJ�M �/w� %9 C .
17 OWNER OWNER
18 141 --fo H. &,q P_ L • 32ur4M6TT
19 TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE
20 (NOTARY ACKNOWLEDGMENT NEXT PAGE)
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.OURT PAPER
TATE OF CALIFORNIA
TD. 113 IREV. 8.721
OSF
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.721
OSP
IV,; 99
NOTE TO NOTARY PUBLIC:
If your are notarizing the signatures of anyone signing on behalf of a
trust, corporation, partnership, etc., please use'the correct notary jurat'
(acknowledgment) as explained in your Notary Law Book.
State of California )
)SS
County of S 4q D H C; o )
On this Z e D day of 1E6 I✓ m in the year a-
before me PLIITF1 L - Ro3EZTSDnf a Notary Public, personally
appeared 6ftQ( B P-4n niG7 -r f 9D KC4IJ_/M &RQmME7T ,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name is subscribed to this instrument,
and acknowledged that he /she /they executed it.
OFFICIAL SEAL 0iti Ali
Anita L. Robertson
NOTARY PUBLIC - CALIFORNIA k
PRINCIPAL OFFICE IN NOTARY PUBLIC IN AND FOR SAID COUNTY AND
SAN DIEGO COUNTY
My Commisslon Expires Merch 4. 1583
STATE
ME
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. B.72!
OYP
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R V 1.00
This is to certify that the offer of dedication set forth above 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 No. pZ.`° 0
on _ 0 QembCr it I9 and the California Coastal Commission consents
to recordation thereof by its duly authorized officer.
Dated: =CL°.l'Y► +i' r, !W_ c° Ica tx A4611
AMA Gm.�A
T _
California Coastal Commission
STATE OF )
)Ss
COUNTY OF )
On o b fore me �Gf'y! a
Notary Public, personally appeared ,
personally known to me to be (or proved to me on the basis of satisfactory
evidence) to be the person who executed this instrument as the
and authorized representative of the
O TITLE
California Coastal Commission and acknowledged to me that the California
Coastal Commission executed it.
Witness my hand and official seal.
-• -e'er. c�� =`.� �i �-z�
FAY THOMAS
9 NOTARY PUBLIC•CAI IFOPNIA
CITY AND COUN'T'Y OF
SAN FRANCISCO
My Commission Expires Dec. 14, 1984
Notary Public in and for said
County and State
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LEGAL DESCRIPTION
ORDER NO. 30- 21485 -03
PARCEL "A ":
Parcel 3 of Parcel Map No. 6923, filed in the Office of the County Recorder
February 23, 1978. Said Parcel Map being a division of a portion of the
East Half of the Southeast Quarter of Section 27, Township 13 South, Range
4 West, San Bernardino Meridian, in the County of San Diego, State of
California, according to Official Plat thereof.
PARCEL "B ":
An easement and right of way for road and utility purposes over, under, along
and across all that portion of Parcels 1 and 2 of said Parcel Map No. 6923,
delineated and designated thereon as "Existing Easement for Public Roadway
Purposes" and "Proposed 20.00 foot Private Road Easement ".
Said easement is appurtenat to all or any portions of the above described
Parcel "A ".
Reserving therefrom an easement for sewer utility purposes over, under, along
and across the Easterly and Northeasterly 10.00 feet of the above described
Parcel A.
Said easement is apprutenant to and for the benefit of all or any portions of
Parcel 2 of said Parcel Map No. 6923.
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EXHIBIT B
Protected Land
All that portion of Parcel 3 of Parcel Map 6923 filed in the
Office of the County Recorder of San Diego County February
23, 1978 in the book of - parcel maps more particularly described
as follows:
All that land lying Northerly of the following described line:
Beginning at the most northwesterly corner of said Parcel 3, said
i
corner being the True Point of Beginning; thence South 61019'50"
East 30.00 feet; thence South. 89008 5 East, parallel with the
Northerly line of said Parcel 3, 234.00 feet.
T04ETHER WITH; The Easterly 60 feet of said Parcel 3 measured at
right angles to the Easterly line of said Parcel. Said Easterly
line bears North 0059'33" West.
TOGETHER WITH: The Southerly and Southwesterly 25' of said Parcel
3 measured radially from the Southerly and Southwesterly line of
said Parcel.
TOGETHER WITH: Beginning at the most Northwesterly corner of said
Parcel 3; thence South 89008'55" East, along the Northerly line of
said Parcel 3, 113.20 feet; thence South'0000'00" West 45.00 feet;
thence South 20038'37" West 57.41 feet to the True Point of
Beginning; thence retracing last said course North 200381#57-11 East
30.00 feet; thence South 70019'45" West 45.00 feet; thence along
the are of a 665 foot radius curve, concave Northeasterly, a
radial line to the beginning of said curve bears South 23036106"
West, through a central angle of 2057'29" a distance of 34.33
feet to the Point of Beginning.
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EXHIBIT C
Public Resources Code Section 30106
[ 30106. Development
"Development" means, on land, in or under water, the 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 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; construction,
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 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 limited
to, any building, road, pipe, flume, conduit, siphon, aqueduct,
telephone line, and electrical power transmission and distribution
line.
EXHIBIT D
Recording Requested by and
when Recorded Mail To:
California Coastal Commission
631 Howard Street, 4th Floor
San Francisco, California 94105
Attention: Legal Department
CERTIFICATE OF ACCEPTANCE
OFFER OF DEDICATION OF OPEN SPACE EASEMENT
This is to certify that
the Offer to Dedicate Open Space Easement executed by
on , 19 and recorded on
19 in Book , Page of the Official Records in
the Office of the Recorder of County.
By
Dated
v. 104
hereby accepts
For
STATE OF CALIFORNIA )
COUNTY OF )
On 19 before the undersigned, a Notary Public in
and for the said State, personally appeared
Title known to me to be the
of the , who executed the within instrument and
acknowledged to me that he executed the same.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
Page 1 of Two Pages
0
, ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION "'� " ` 10'5
This is to certify that
is a public agency /private association acceptable to the Executive Director of
the Commission, California
Coastal Commission to be Grantee under the above described Offer to Dedication.
Dated Executive Director
Coastal Commission
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On , before the undersigned, a Notary Public in and for
said State, personally appeared
Name
Title
of the California Coastal Commission and known to me to be the person who
executed the within instrument on behalf of said Commission, and acknowledged to
me that such Commission executed the same.
Witness my hand and official seal.
Notary Public in and for said
County and State
Page 2 of Two Pagesi
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A
/S4u.::;f CdJ arnta, Edmund G. Brown Governor
106
California Coastat Commission
San Diego Distnct
6154 Mission Gorge Road, Suite 220
Sin Diego, California 92120
(714) 280 6992
A'r5S 636-5868
FILED:
49th DAY:-
180th DAY:
STAFF:
STAFF REPORT:
HEARING DATE.
STAFF REPORT: CONSENT CALENDAR
Application No; 6 -82 -450
October 12, 1982
November 30, 1982
April 10, 1982
PBVI : am
November 4, 1982
November 16 -19, 1982
Applicant: Mr. & Mrs. Gary L. Brwmnett Agent: Planning Land Use Systems, Inc.
Description; Minor subdivision of a 38,300 square foot parcel: Parcel 1 =
13,559 sq.ft.; Parcel 2 = 24,741 sq.ft. Parcel 2 will be used for
two ronidential units whose construction will be the subject of a
future permit.
i Lot area
Y' Zoning
Plan designation
Project density
38,300 sq.ft.
RV -11
Residential 7 10.9 du /ac
3.4 du /ac
Site: 2597 Montgomery Avenue, Cardiff, San Diego County.
APN 261 - 191 -10 ,
Substantive File Document: San Dieguito Lard Use Plan (conditionally certified)
STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution.
I. Approval.
The Commission hereby rg antis a prmit for the proposed development, subject
to the conditions below, on the grounds that, as conditioned, the development
will be in conformity with the provisions of Chapter 3 of the California Coastal
Act of 1976, will not prejudice the ability of the local government having juris-
diction over the area to prepare a Local Coastal Program conforming to the provisions
of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts
on the environment within the meaning of the California Environmental Quality Act.
Ii. Standnxd Conditions, .
See Page 3
III. Special Conditions.
The permit is subject to the following conditions.
I
,.va,- '147
6 -82 -450
Page 2
1. That prior to the transmittal of the coastal development permit, the
applicant shall submit for the ri:view and approval in writing by the Executive
Director, a site map indicating the extent of all slopes on Parcels 1 and 2 that
exceed a natural slope gradient of 25 percent.
wn
2. Open Space Easement. Prior to issuance of the permit( the applicant
shall record irrevocable offers to dedicate to a public agency, or to a private.
♦ j'
association acceptable to the Executive Director., open space easements over the
area described as follows:
r
All undeveloped areas on both Parcels 1 and 2 (TM #17652) that exceed a natural
slope yrddi.unL of 25 pa�rai,t.
m
Said open space easements shall prohibit any grading, land alteration or erection
of structures of ary 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
♦vw
applicant and /or landowners, and shall be recorded prior to all other liens
#: �
and encumbrances except tax liens., The offer to dedicate shall be in a form
and of content: acceptable to the Executive Director.
IV. Findings and Declarations.
The Commission find:: and declares as follows:
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1. Detaileu Project ax scri_ unison. Proposed is the subdivision of a single
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lot into two parcels. Parcel will be 13,559 sq.ft., and Parcel 2 will be
A
24,741 sq.ft. •A sirigle-family residence currently occupies proposed Parcel 1.
The subdivision is proposed in -anti cipation of the construction of a duplex
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condominium project on Parcel 2 which will be the subject of a future permit.
2. Grading /Rteep Slopes. Section 30253(2) of the Act states:
0.
New development shall assure stability and structural integrity,
a
and neither create nor contribute significantly to erosion,
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geologic instability, or destruction of the site or surrounding
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area or in any way require the construction of protective
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devices that would substantially alter natural landforms• along
bluffs and cl.iffs.
Approximately 33% of the site of the proposed subdivision is comprised of slopes
of 25% or greater.. In addition, the site of the subject parcGl is located immediately
adjacent to Blanchester Avenue auu San Llijo Lagoon, The site is also located within
the County of San Diego's Sonsitive Coastal Resource Area as defined by the
conditionally certified Can Dieguito Land Use Plan WJP) . For these reasons, it
is ossenti.al that the steep slopes (over. 25%) be maintained in their natural state
so as to avoid erosion and subsequent sedimentation to the environmentally sensitive
habitat area of San Elijo Lagoon. Pox this reason, the special condition has Leun
proposed. This would require an open space easemont across the steep slope areas,
eliminating the potenLial for any vegetation r(•moval or grading which could result
in impacts to the Lagoon rosources. Thoreforo, t'he Coltunission finds that the subject
proposal, a,: cunditiunud, is consistent with Section 30253(2) of the Act.
Pq
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3. Local Coastal Planninq. Section 30604(a) requires that, prior to
certification o£ the local coastal program, the Commission shall issue a coastal
development permit only after it finds "that the permitted development w1_11 not
Prejudice the ability of the local government to prepare a local coastal program
(LCP) in conformity with the provisions of Chapter 3 of [the Coastal Act] ". In
this particular case such a finding can be made. As stated in the above finding,
the development, as conditioned, would be in conformity with the provisions of
Chapter 3 of the Coastal Act.
In addition,- as stated above, the project is located within the Sensitive Coastal
Resource Area of the San Dieguito LUP. The LUP contains policies regarding slope
disturbance which, in effect, will be implemented by the special condition proposed
above. •liierefore, the Commission finds that the subject- proposal, as conditioned,
will not prejudice the ability of the County of San Diego to prepare a certifiable
LCP:
STANDARD CONDITIONS:
I. NOUCe of Receipt and Acknowledgement. The permit is not valid and
construction shall not comgt;nce unLil a copy of the permit, signed
by the permittee or authorized agent, acknowledging receipt of the
permit and acceptance of the terms and conditions, is returned to
the Commission office.
2. Frj�ir�.tion, If development has not commenced, the permit will expire
two years from the date on which the Commission voted on the application.
Construction shall be pursued in a diligent manner and completed in a
reasonable period of time., Application for extension of the permit
mu;.t be wade Prior to tile expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any
special conditions set forth below. Any deviation from the approved
plans must by reviewed and approved by the staff and niay require Commission
approval.
4. Inter retation. Any questions of intent or interpretation of any condition
will be resolved by the Executive Director or the Commission.
5. 111rel ctions. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24 -Dour advance
notice. .
G. nssirltunent:. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affadavit accepting all terns and
conditions of the permit.
7. Terms and Contiltionn nun with thO Land. These terms and conditions :hall.
be perpetual, and it. 9:: Lime inLenLion of the Commi >.ion and the permittoo
to bind all future owners and possessors of the subject property to ti,e
terms and conditions.
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EXHIBIT NO./
WITPLICATION NO.
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