1988-543868y btD REi RE
QUEST oF' FfR5i AMERICAN T171E CQ,
0390 88 543868
Recording Requested by and
- When Recorded., Mail To: $•%
tiEC0tJ0F 1 IN
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California Coastal Commission RF FFICIALf3cC0F�D .
631 Howard Street, 4th Floor qR OFSt Y.Ga A.
San Francisco, California 94105'
(Y 2 MG SB OCT 2S Ali 11:5'0
4: Attention: Legal Department
3 # VCRA L. LYl E
COUHT4` {lECORD
4 IRREVOCABLE OFFER TO DEDICATE OPEN -SPACE EASEMENT
5 AND
6 DECLARATION OF RESTRICTIONS
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7 THIS IRREVOCABLE OFFER TO DEDICATE OPEN -SPACE EASEMENT AND
g DECLARATION OF RESTRICTIONS (hereinafter "offer ") is made this 25' day
9 of 1988 by THOMAS E. KERN AND MARY HELEN KERI�TT, f
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10 (hereinafter referred to as "Grantor").
11 I• WHEREAS, Grantor is the legal owner of a fee interest of certain real
12 property located in the County of I'
SAN DIEGO
State of F Q'
13 California, and described in the attached Exhibit A- 1(hereinafter referred to as
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14 the "Property "); and
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15 II. WHEREAS, all of the Property is located within the coastal zone as
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16 defined in Section 30103 of the California Public Resources Code (which code is �F1�
� 17 hereinafter referred to as the "Public Resources Code "); and
I 18 III. WHEREAS, the California Coastal Act of 1976, (hereinafter referred to C
t. 19 as the "Act ") creates the California Coastal Commission, (hereinafter referred
20 to as the "Commission ") and requires that any coastal development permit '
21 approved by the Commission must be consistent with the policies of the Act set Li
22 forth in Chapter 3 of Division 20 of the Public Resources Code; and
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23 IV. WHEREAS, pursuant to the Act, Grantor applied to the California Coastal ! 'm
24 Commission for a permit to undertake development as defined in the Act within
25 the Coastal zone of SATi DIEGO County (hereinafter the I m
26 "Permit"); and
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27 V. WHEREAS, a coastal development permit (Permit No. 6 -86 -379 );
This document is being recorded'iry
COURT PAPER First American Title Insurance Co. as � i m
•rerIorCAG.G11 „[A an accommodation only. It has not
SAM 113 1AM ".721
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been examined as to execution or ow
impact on title.
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COURTPAPER
STATE Of GLIVOIINIA
STO. 113: 1 REV. 9.Txi.
oar ,
0391
was granted on August 15, 1986 , by the Commission in
accordance with the provision of the Staff Recommendation and Findings,
attached hereto as Exhibit 8 and hereby incorporated by reference, subject to
the following condition:
2. Offer to Dedicate Open Space Easement. Prior to the trans -
mittal of a coastal development permit for this project, the appli-
cant shall record an irrevocable offer to dedicate to a public
agency, or to a private association acceptable to the Executive
Director, an open space easement on each of Parcels 1 through 4 over
the area described as follows:
The portion of each parcel within the limits of the 100 year flood -
way, as shown on the approved Tentative Parcel Map 18397 pursuant
to Condition #1(b) of coastal development permit #6 -86 -379, and
shown on Exhibit IIA42.
The document shall include legal descriptions of approved Parcels
1 through 4 and the easement areas. Said open space easement shall
prohibit any alteration of landforms, placement or removal of vege-
tation, 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 succes-
sors and assigns of the 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 content acceptable to
the Executive Director.
VI. WHEREAS, the Commission, acting on behalf of the 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 that the Grantor
record a deed restriction and irrevocable offer to dedicate an open -space
easement over the Property and agrees 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
Property were not restricted in acordance with this Offer; and
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COURTPAPER
STATE Of GLIVOIINIA
STO. 113: 1 REV. 9.Txi.
oar ,
0391
was granted on August 15, 1986 , by the Commission in
accordance with the provision of the Staff Recommendation and Findings,
attached hereto as Exhibit 8 and hereby incorporated by reference, subject to
the following condition:
2. Offer to Dedicate Open Space Easement. Prior to the trans -
mittal of a coastal development permit for this project, the appli-
cant shall record an irrevocable offer to dedicate to a public
agency, or to a private association acceptable to the Executive
Director, an open space easement on each of Parcels 1 through 4 over
the area described as follows:
The portion of each parcel within the limits of the 100 year flood -
way, as shown on the approved Tentative Parcel Map 18397 pursuant
to Condition #1(b) of coastal development permit #6 -86 -379, and
shown on Exhibit IIA42.
The document shall include legal descriptions of approved Parcels
1 through 4 and the easement areas. Said open space easement shall
prohibit any alteration of landforms, placement or removal of vege-
tation, 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 succes-
sors and assigns of the 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 content acceptable to
the Executive Director.
VI. WHEREAS, the Commission, acting on behalf of the 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 that the Grantor
record a deed restriction and irrevocable offer to dedicate an open -space
easement over the Property and agrees 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
Property were not restricted in acordance with this Offer; and
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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 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 C (hereinafter the Protected Land); and
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VII. WHEREAS, the Commission has placed the
Condition on the permit because
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a finding must be made under Public Resources
Code Section 30604(a) that the
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proposed development is in conformity with the
provisions of Chapter 3 of the
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Act and that in the absence of the protections
provided by the Condition said
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finding could not be made; and
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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 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 C (hereinafter the Protected Land); and
25 to ascertain whether the use restrictions set forth above are being observed at
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26 - times,reasonably, acceptable to the Grantor. z 0
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Ci URTPAPER -A-
11,AT[ OF CALIFORNIA
SID. 113 InCV. 0.711
OV _ ....
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0393,
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This Offer and Declaration of Restrictions subjects the Property to the
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following terms, conditions, and restrictions which shall be effective from the
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time of recordation of this instrument.
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1. USE OF PROPERTY. The use of the Protected Land shall be limited to
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natural open space for habitat protection, private recreation, and resource
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conservation uses. No development as defined in Public Resources Code Section
30106, attached hereto as Exhibit D and incorporated herein by reference,
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including but not limited to removal of trees and other major or native
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vegetation, grading, paving, installation of structures such as signs,
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buildings, etc, or
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shall occur or -;
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be allowed on the Protected Land with the exception of the following subject to
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applicable governmental regulatory requirements:
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(a) the removal of hazardous substances or conditions or diseased plants
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or trees;
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(b) the removal of any vegetation which constitutes or contributes to a
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fire hazard to residential use of neighboring properties, and which vegetation
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lies within 100 feet of existing or permitted residential' development;
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(c) the installation or repair of underground utility lines and septic
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systems,
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2. RIGHT OF ENTRY. The Grantee or its agent may enter onto the Property
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25 to ascertain whether the use restrictions set forth above are being observed at
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26 - times,reasonably, acceptable to the Grantor. z 0
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Ci URTPAPER -A-
11,AT[ OF CALIFORNIA
SID. 113 InCV. 0.711
OV _ ....
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0394.
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3. BENEFIT AND BURDEN. This offer shall run with and burden the
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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
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and shall be effective limitations on the use of the Property from the date of
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recordation of this document and shall bind the Grantor and all successors and
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assigns. shall benefit ate California.
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4. CONSTRUCTION If any P rovisonofthese restrtctio ns is
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held to be invalid or for any reason becomes unenforceable, no other provision
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shall be thereby affected or impaired.
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5. ENFORCEMENT. Any act or any conveyance, contract, or authorization
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whether written or oral by the Grantor which uses or would cause to be used or
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would permit use of the Protected Land contrary to the terms of this Offer will
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be deemed a breach hereof. The Grantee may bring any action in court necessary
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to enforce this Offer, including but not limited to injunction to terminate a
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breaching activity; or an action to enforce the terms and provisions hereof by
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specific performance. It is understood and agreed that the Grantee may pursue
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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
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and conditions of this Offer shall be brought in law or in equity. Any
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forbearance on the part of the Grantee to enforce the terms and provisions
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hereof in the event of a breach shall not be deemed a waiver of Grantee's
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rights regarding any subsequent breach.'
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6. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid all
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real property taxes and assessments levied or assessed against the Property.
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CaURT PAPER
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FU RT PAPZR
wreo►CALIF *Mir
4�, Ita tesv. 4.725
N►
0395
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 such
maintenance, improvement use, or possession, except for costs incurred by
grantee for monitoring compliance with the terms of this easement, shall be
borne by the Grantor.
B. LIABILITY AND INDEMNIFICATION. This conveyance is made and accepted
upon the express condition 'that the Grantee, its agencies, departments,
officers, 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,
from any cause or causes whatsoever, except matters arising out of the sole
negligence of the Grantee, while in, upon, or in any way connected with the
Property, Grantor hereby covenanting and agreeing to indemnify and hold
harmless the Grantee, its agencies, departments, officers, 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 on the
land by virtue of 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 as defined by California Government Code Section 830.
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4396
9. SUCCESSORS AND ASSIGNS. 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.
10. TERM. This irrevocable offer of dedication shall be _binding upon the
owner and the heirs, assigns, or successors in interest to the Property
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 E, this
offer and terms, conditions, and restrictions shall have the effect of a grant
of open -space and scenic easement in gross and perpetuity for light, air, view
and the preservation of scenic qualities over the open -space area that shall
run with the land and be binding on the parties, heirs, assigns, and
successors.
Acceptance of the Offer is subject to a covenant which runs with the
land, providing that any offeree to accept the easement may not abandon it but
must instead offer the easement to other public agencies or private
associations acceptable to the Executive Director of the Commission for the
duration of the term of the original Offer to Dedicate.
Executed on this day of ,
at
THOMAS E. KERN MARY HELEN KERN
TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE
27 _7 _
:d1RT PAPIT
OF CALIFORNIA.
113 (R[V. 8.72)
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4396
9. SUCCESSORS AND ASSIGNS. 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.
10. TERM. This irrevocable offer of dedication shall be _binding upon the
owner and the heirs, assigns, or successors in interest to the Property
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 E, this
offer and terms, conditions, and restrictions shall have the effect of a grant
of open -space and scenic easement in gross and perpetuity for light, air, view
and the preservation of scenic qualities over the open -space area that shall
run with the land and be binding on the parties, heirs, assigns, and
successors.
Acceptance of the Offer is subject to a covenant which runs with the
land, providing that any offeree to accept the easement may not abandon it but
must instead offer the easement to other public agencies or private
associations acceptable to the Executive Director of the Commission for the
duration of the term of the original Offer to Dedicate.
Executed on this day of ,
at
THOMAS E. KERN MARY HELEN KERN
TYPE OR PRINT NAME ABOVE TYPE OR PRINT NAME ABOVE
27 _7 _
:d1RT PAPIT
OF CALIFORNIA.
113 (R[V. 8.72)
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- OURTPAr6R
TATS Of CALI►OAMIA
To, 113 IQ[V, 9.711
0O►
NOTE TO NOTARY PUBLIC: If you are notarizing the signature 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 )
COUNTY OF ) ss
On this day of in the year ,
before me a Notary Public, personnally
appeared
gaEl2nally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to this instrument, and
acknowledged that,h� /she executed it.
om.a.a
OFFICIAL SEAL
KELLY LYNN RANDLE
Notary Pubtfc- Call(omia
Floal SAN DIEGO COUNi(:�
My Comm. Exp. June 8.1992
STATE
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0398
1 NOTE TO NOTARY PUBLIC: If you are notarizing the signature of anyone V
2 signing on behalf of a trust, corporation, partnership, etc., please use
3 the correct notary jurat (acknowledgment) as explained in your Notary Law
4 Book.
( 5 STATE OF CALIFORNIA ) �'
8 COUNTY OF Lg ��8ti/Z ) ss !.
t 7 On this2b day of in the year
8 before me a Notary Public, personnally
9 appeared
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10 personally known (or proved to me on the basis of satisfactory
11 evidence) to be the person whose name is subscribed to this instrument, and
12 acknowledged that he /she executed it.
13
14 OFFfCIAL SEAL ?
KELLY LYNN RANDLE
15 • 8A DDIEGO COt N �i N R 3
My Conan. EU,. June a.1992 STATE
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MOUNT PAPLR
sTA7s ar CAUruwu '
STD, 113 111[V, 0.731
sop
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0399
1 This is to certify that the Offer to Dedicate set forth above is
2 - hereby acknowledged by the undersigned officer on behalf of the California
a
3 Coastal Commission pursuant to the action of the Commission when it granted
4 Coastal Development Permit No. 6 -86 -379 on August 15, 1986
5 and the California Coastal Commission consents to recordation thereof by its
6 duly authorized officer. pp�
r 7 Dated: ,ctiti a2 �i ��Q/1
8
9 John Bowers, Staff Counsel
k10 California Coastal Commission
11 STATE OF C�
12 COUNTY OF )
13 On �� `T /� /,( before me �egPl-R,4 .4. 9&1/s ,
14 a Notary Public, personally appeared R—wa - personally known t
15 me to be (or proved to me on the basis of satisfactory evidence)
f
16 to be the person who executed this instrument as the. 7AW
TITLE
17 and authorized representative of the California Coastal Commission and
18 acknowledged to me that the California Coastal Commission executed it.
19
20 .e,,V! GE80RIHL CC:E ;s
NOTARY PUCL1 C Li C �l�/
CITY a COUNTY OF ' NOTA PUBLIC IN AND 'FOR
g] SAN FRANCISCO SAID STATE AND COUNTY
MY Commission Expires October 4,1991
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27 -9-
iM PAPER
;T Or CALI ►OIINIA
IT 113 11.0' �u721 - -
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EXHIBIT A
Property'
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LOT 26 OF COUNTY OF
SAN DIEGO TRACT NO.4254, IN THE COUNTY OF
SAN DIEGO, STATE OF
FILED IN THE OFFICE
CALIFORNIA, ACCORDING TO MAP THEREOF N0. 11055,
OF THE COUNTY
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OCTOBER 9, 1984.
SEA •o7 A- --1460
RECORDER OF SAN DIEGO COUNTY,
d7 EX111,61i
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SDE 2819
8 -25 -88
PARCEL 1
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFOR-
NIA, ACCORDING TO MAP THEREOF NO. 11055 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 26 THENCE
SOUTHERLY ALONG THE EASTERLY LINE THEREOF SOUTH 2018134 EAST
6.70.00 FEET; THENCE LEAVING SAID EAST LINE SOUTH 87041'26" WEST
261.65 FEET; THENCE NORTH 53 °33140" WEST 549.72 FEET TO A POINT
IN THE NORTHWESTERLY LINE OF LOT 26, SAID POINT LYING IN THE ARC
OF A- NON- TANGENT 5233.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 53 033140"
EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A
CENTRAL ANGLE OF 1 036158" A DISTANCE OF 147.61. FEET; THENCE TAN-
GENT TO SAID CURVE NORTH 34049'22" EAST 42.87 FEET TO THE BEGIN-
NING OF A TANGENT 925.23 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A •CENTRAL
ANGLE OF 15 033'57" A DISTANCE OF 251.36 FEET; THENCE NORTIi
89 056'06" EAST 381.22 FEET TO THE POINT OF BEGINNING.
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SDE 2819
8 -25 -88
PARCEL 2
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFOR-
NIA, ACCORDING TO MAP THEREOF NO. 11055 DESCRIBED.AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 26 DISTANT
THEREON SOUTH 2 018134" EAST 670.00 FEET FROM THE NORTHEAST CORNER
THEREOF; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 2 018'34"
EAST 688.03 FEET; THENCE SOUTH 58 00213.6" WEST 893.25 FEET; THENCE
NORTH 0 055'51" EAST 445.38 FEET; THENCE NORTH 5 047145" WEST
568.01 FEET; THENCE NORTH 49 009102" WEST 231.22 FEET TO A POINT
IN THE ARC OF A NON- TANGENT 5233.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 49 009'02"
EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THRU A
CENTRAL ANGLE OF 4 024'38" A DISTANCE OF 402.83 FEET; THENCE SOUTH
53 033'40" EAST 549.72 FEET; THENCE NORTH 87 041'26" EAST 261.65
FEET TO THE POINT OF BEGINNING.
t:
SDE 2819
8 -25 -88
PARCEL 3
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 11055 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 26, DISTANT
THEREON SOUTH 2 018'34" EAST 1358.03 FEET FROM THE NORTHEAST COR-
NER THEREOF; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH
2 019'11" EAST 414.69 FEET TO A POINT IN THE ARC OF A NON- TANGENT
} 228.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RAIDAL LINE TO SAID
I POINT BEARS NORTH 7 °51'38" EAST; THENCE WESTERLY ALONG THE ARC OF
? SAID CURVE THRU A CENTRAL ANGLE OF 26018'12" A DISTANCE OF 104.67
FEET; THENCE TANGENT TO SAID CURVE SOUTH 71'33'26" WEST 49.60
FEET TO THE BEGINNING OF A TANGENT 214.00 FOOT RADIUS CURVE CON-
CAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THRU A CENTRAL ANGLE OF 52 053'06" A DISTANCE OF 197.53
FEET; THENCE TANGENT TO SAID CURVE SOUTH 18 °40'20" WEST 58.00
FEET; THENCE SOUTH 71019'40" EAST 21.00 FEET; THENCE SOUTH
18 040'20" WEST 93.84 FEET TO THE BEGINNING OF A TANGENT 116.00
FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 21.012'38" A DISTANCE OF
42.94 FEET TO A POINT OF REVERSE 194.00 FOOT RADIUS CURVE CONCAVE
WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 87 °27'22" EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE
OF 21 012'38" A DISTANCE OF 71.82 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 18040'20" WEST 180.19 FEET; THENCE NORTH 71 °19'40"
WEST 260.00 FEET; THENCE NORTH 0 055'51." EAST 350.00 FEET; THENCE
NORTH 89 004'09" WEST 147.85 FEET; THENCE NORTH 0 °55'51" EAST
100.00 FEET; THENCE NORTH 58 °02'36" EAST 893.25 FEET TO THE POINT
OF BEGINNING.
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0405 %ws
�Xy /iii .4 -Z
SDE 2819
8 -25 -88
PARCEL 4
LEGAL DESCRIPTION
` 0
ALL THAT PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
'O
IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFOR-
NIA, ACCORDING
TO MAP THEREOF NO. 11055 DESCRIBED AS FOLLOWS:
[^
BEGINNING AT
039'20"
THE •MOST WESTERLY CORNER OF SAID LOT 26; THENCE.;+
NORTH 40
432.15
EAST 203.73 FEET; THENCE NORTH 46 °32'17" EAST
°00'46"
FEET;
THENCE NORTH 61 EAST 108.00'FEET; THENCE
NORTH 79033'55"
EAST 253.10 FEET TO A POINT IN THE ARC OF A NON -'t,
z"
TANGENT 5233.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
LINE TO SAID
POINT BEARS SOUTH 47 027'02" EAST; THENCE NORTH-
®"
EASTERLY ALONG
THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF
1 042'00" A DISTANCE
OF 155.26 FEET; THENCE SOUTH 49 °09'02" EAST
m,
231.22 FEET; THENCE
SOUTH 5 °47'45" EAST 568.01 FEET; THENCE SOUTH
'
60 056'18" WEST
959.29 FEET; 'THENCE NORTH 0 057'11" EAST 512.86
4
FEET; THENCE'
NORTH 89 °18'04" WEST 295.36 FEET TO THE POINT OF
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BEGINNING.
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REGULAR CALENDAR
s
STAFF REPORT AND PRELIMINARY RECOMMENDATION is
aR
Application No.: 6 -86- 3791,[
j Applicant: Al Kern Agent: None t'
I Description: Subdivision of a 51.26 acre floodplain parcel into 4 parcels. ( �'
l Parcel 1 = 8 ac. gross and net; Parcel 2 = 18.3 ac. net•, 18.7 I rn
ac.gross; Parcel 3 = 8 ac. net; 8.3 ac. gross; Parcel 4 = 16.3'`
ac. gross and net. Also, dedication and paving of a 40 ft. o''
access road easement. No construction or improvements are
proposed.
0
Lot Area 51.26 acres
G Zoning A 70; RR -1; RR —.5;
Plan Designation Impact Sensitive -1 du /4,8 & 20 ac.
Estate —1 du /2 and 4 acres
Project Density .08
Site: Lot 26, northwest of E1 Camino Real and Stonebridge Lane and
south of Manchester Ave. in the floodplain of Escondido Creek, C
at the east end of San Elijo Lagoon, Rancho Santa Fe, San Diego r
County. (APN 262- 190 -26)
Substantive File Documents: Certified San Dieguito LCP Land Use Plan and '
Implementing Ordinances; CCC #6 -83 -314 Staff Report and Preliminary li
Recommendation dated 7/13/83; Modifications to Staff Report dated 7 /27/83;
CDP # 6 -83 -314; CCC #6 -83 -610 Staff Report and Preliminary Recommendation
dated December 2, 1983; CDP #6 -83 -610` r
STAFF NOTES: r
Summary of Staff's Preliminary * Recommendation:
Staff is recommending approval with conditions which require revisions to
the Tentative Parcel Map to indicate the limits of the 100 yr, floodway, the
100 —yr. floodplain, the existing wetland and a buffer zone including the area
100 ft. north of the wetland vegetation, based on a field survey done in the
past three months. Revisions to lot lines may be required, if any parcel does 1 �%
not contain adequate buildable area, consistent with County zoning, outside
the floodplain and 100 ft. buffer areas, taking into consideration water, ll.m
sewer and road easements. Conditions of approval also require recordation of
irrevocable offers to dedicate open space for the area within the floodway 1
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0406
■
1
1 STATE OF CALIFORNIA —THE RESOURCES AGENCY - -
EXHIBIT 11Bn
GEORGE DEUKMEJIAN, Gormor
CALIFORNIA COASTAL COMMISSION
i SAN DIEGO COAST DISTRICT.,
3 CAMINO
Filed:
June 30, 1986
DEL RIO SOUTH, SUITE 125
49th Da Y
August 1986
18,
. DIEGO, CA 92108.352D
16191297.9740
180th Day:
December 28, 1986
.,_.
Staff:
SS —SD
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Staff Report:,
August 1, 1986
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Hearing Date:
August 12 -15, 1986
I
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REGULAR CALENDAR
s
STAFF REPORT AND PRELIMINARY RECOMMENDATION is
aR
Application No.: 6 -86- 3791,[
j Applicant: Al Kern Agent: None t'
I Description: Subdivision of a 51.26 acre floodplain parcel into 4 parcels. ( �'
l Parcel 1 = 8 ac. gross and net; Parcel 2 = 18.3 ac. net•, 18.7 I rn
ac.gross; Parcel 3 = 8 ac. net; 8.3 ac. gross; Parcel 4 = 16.3'`
ac. gross and net. Also, dedication and paving of a 40 ft. o''
access road easement. No construction or improvements are
proposed.
0
Lot Area 51.26 acres
G Zoning A 70; RR -1; RR —.5;
Plan Designation Impact Sensitive -1 du /4,8 & 20 ac.
Estate —1 du /2 and 4 acres
Project Density .08
Site: Lot 26, northwest of E1 Camino Real and Stonebridge Lane and
south of Manchester Ave. in the floodplain of Escondido Creek, C
at the east end of San Elijo Lagoon, Rancho Santa Fe, San Diego r
County. (APN 262- 190 -26)
Substantive File Documents: Certified San Dieguito LCP Land Use Plan and '
Implementing Ordinances; CCC #6 -83 -314 Staff Report and Preliminary li
Recommendation dated 7/13/83; Modifications to Staff Report dated 7 /27/83;
CDP # 6 -83 -314; CCC #6 -83 -610 Staff Report and Preliminary Recommendation
dated December 2, 1983; CDP #6 -83 -610` r
STAFF NOTES: r
Summary of Staff's Preliminary * Recommendation:
Staff is recommending approval with conditions which require revisions to
the Tentative Parcel Map to indicate the limits of the 100 yr, floodway, the
100 —yr. floodplain, the existing wetland and a buffer zone including the area
100 ft. north of the wetland vegetation, based on a field survey done in the
past three months. Revisions to lot lines may be required, if any parcel does 1 �%
not contain adequate buildable area, consistent with County zoning, outside
the floodplain and 100 ft. buffer areas, taking into consideration water, ll.m
sewer and road easements. Conditions of approval also require recordation of
irrevocable offers to dedicate open space for the area within the floodway 1
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040'7.
6 -86 -379
Page 2
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limits, recordation of a deed restriction limiting development which may occur
the
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within required buffer zones and a standard waiver of liability.
_
Staff Notes (continued)
The applicant has proposed a 4 —lot subdivision of a 51.3 ac. parcel which was
designated as a residential site and open space (Lot 26) in a 26 —lot estate'
subdivision ( #6 -83 -314). Subsequent to that date, the appliant submitted an
application for construction of a residence and the entry way to they
s
Stonebridge subdivision on the southern portion of Lot 26. Also, the
applicant sought site plan approval of a ranch house, aquaculture research and
development facilities, greenluse, office and shops with employee housing on
the northern protion of the parcel (CDP {#6 -83 -610, Manchester Estates),
The Commission approved the permit with conditions which defined land use
limitations within the area between the norhtern floodway limit and the
norhtern property line. The restrictions included no fill within the
floodplain and limited floodplain uses to those compatible.with periofic
flooding which would not cause adverse environmental impacts either on —site or
downstream. The approval also specified that separate coastal development
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permits must be obtained for future mor detailed development proposals which
would be judged on their individual merits and would be closely reviewed for
conformity with the certified San Dieguito LCP Land Use Plan.
{
Staff has walked the' site with representatives of the State Department of Fish
7
and Game and County Department of Parks & Recreation to determine the areas of
significant vegetation in relation to the 100 year floodplain and floodway'
..lines. The northern and western limits of wetland vegetation appear to
generally conform to the 100 —year floodway limits on the eastern portion of
,
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the property and extend north of the floodway on western portion',of the site_
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The Dept. of Fish and Game has recommended that a 100 ft. buffer zone be
provided between development and the wetlands which is consistent with past
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Commission precedent and resource protection language in the certified San;
Dieguito LCP Land Use Plan.
Staff suggested that mapping of the wetland boundary and 100 ft. buffer zone
should be completed and verified in the field by the Department of fish and
Game to determine whether sufficient buildable area remains within each
parcel, particularly Parcels 1 and 4, after the buffer zone is defined. The
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applicant has had his engineer plot the line of wetland vegetation, the
floodway limits and the floodplain limits on a 40 ft. scale drawing. The
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mapping has not been verified by staff in the field and indicates the
conceptual site plan which was reviewed, but not approved by the Commission,
1
in permit #6 -83 -610 may not be possible with provision of the 100 ft. buffer'`.'
zone.
Staff suggested a delay would be appropriate to allow for the Department of
Fish & Game
verification of the vegetation line and determine whether
appropriate uses within the buffer area could be defined and /or the limits of
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the buffer zone modified to more closely accommodate the applicant's- potential
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0408
6 -86 -379
Page 3
development proposal. However, the applicant is under time constraints, due
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to the recent incorporation of the City of Encinitas which becomes effective'
October
1, 1986. Because the incorporation line bisects Lot 26, the applicant,
hopes to file his Parcel
Map prior to that date to avoid further delay due to
new local processing.
Therefore, staff has prepared this recommendation based on the requirement
that
mapping of the wetland boundary, 100 yr. floodway and floodplain limits,
and 100 ft. buffer
tir.
zone on the Tentative Parcel Map is forthcoming and subject
to verification by the Department of Fish
4
and Game in the field. Lot redesign
may be required to accommodate a 100 ft. buffer zone and create four parcel
which are buildable in accordance with County zoning requirements.
:jT.>
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PRELIMINARY STAFF RECOMMENDATION:
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The staff recommends the Commission adopt the following resolution:
I. Approval with Conditions,
i
The Commission hereby
y 9ra is � permit for the proposed development,
subject to the
O ,
conditions below, on the grounds that the development will be
}
in conformity with the provisions of Chapter 3 of the California Coastal Act
3
of 1976, will not prejudice the abilit of the local
y government having
jurisdiction 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. Standard Conditions.
See attached page.
III. _Special Conditions.
The permit is subject to the following conditions:
i
1. Revisions to the Tentative Parcel Map. Prior to transmittal of the
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coastal development permit, the applicant shall submit to the Executive
Director, a revised tantative parcel map which incorporates the following:
rn
a. The northern and western limits of the existing wetland vegetation of
Y:.
Parcels 1,2 and 4 and the exsting fence line, subject to review and approval
by the Executive Director in consultation with the Department of Fish and Game.
b. The northern and southern limits of the 100 year floodway and the 100
*.
year floodplain as shown on the County of San Diego floodplain maps and
acceptable to the County of San Diego Department of Public Works,
ff
c. A 100 ft. buffer zone defined as the area within 100 feet north and
west of the
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line of existing wetland vegetation as mapped pursuant to 1(a) .
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f.
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+ 6 -86 -379 0419
.�,�
Page 4
At
d. If, as a result of the required buffer zone, easements, or for any
s'
other reason, it is determined by the Executive Director that there is not
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sufficient buildable area, consistent with County of San Diego zoning
requirements, within all of the proposed parcels, the applicant shall submit a
revised tentative parcel map creating, buildable parcels, subject to Executive
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Director review and approval in writing.
e. Prior to transmittal of the coastal development permit, the applicant
u
shall obtain approval of any necessary revisions to the Tentative Parcel Map
I
by the County of San Diego or provide verification that no additional County
V
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approvals are required.
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2. Offer to Dedicate Open Space Easement. Prior to the transmittal of a
coastal development permit for this
P p project, the applicant shall record an
3
irrevocable offer to; dedicate to a public agency, or to a private association
acceptable to the Executive Director, an open space easement on each of`
Parcels 1 through 4 over the area described as follows*
The portion of each parcel within the limits o� the 100 year floodway, as '1
lo
shown on the approved Tentative Parcel Map 18397 pursuant to Condition #1(b)
It
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of coastal development permit #6 =86 =379, and shown on Exhibit "A ".
_-
The document shall include legal descriptions of approYY�ed Parcels 1 through 4
and the easement areas. Said open space easement shall prohibit any
alteration of landforms, placement or removal of vegetation, or erection of
C
structures of any type, unless approved by the California•Coastal Commission
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or its successor in interest.
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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 tax liens. The offer to dedicate shall Pe in a form
.
j
and content acceptable to the Executive Director.
3. Land Use Limitations /Buffer Zone - Parcels 1 2 and 4. to- the,
•Prior _
transmittal of the coastal development permit, the applicant shall record a
restriction against the subject property, free of all prior liens and
r
encumbrances, except for tax liens, and binding on the permittee's successors
,
in interest and any subsequent purchasers of any portion of the real
property. The restriciton shall affect the portion of Parcels 1, 2_and 4.,
within the 100 foot buffer zone as shown on approved Tentative Parcel Map
18397 and defined as the area within 100 feet north and west of the wetland
m
boundary, including, but not limited to, portions of the 100 year floodway and
the 100 year floodplain.
The restriction shall prohibit any alteration of landforms, removal of
aI,
vegetation or the erection of structures of any type in the 100 foot buffer"
zone shown on the attached, Exhibit °B° without the written approval of the
California Coastal Commission or successor in interest. Construction of
buildings and other improvements which require fill shall be limited to that
i
n
4
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area north of the 100 year floodplain as shown on the County of San Diego
floodplain maps. Uses within the 100 year floodplain shall be limited to
those compatible with periodic flooding and which will not cause adverse
environmental impacts either on—site or downstream. Stables and corrals shall
be located at least 75 ft. from the wetland boundary.
The recording document shall include legal descriptions of approved Parcels 1
through 4 and the restricted buffer zone, and shall be in a form and content
acceptable to the Executive Director. Evidence of recordation of such
restriction shall be subject to the review and written approval of the
Executive Director.
4. Buffer Zone— Parcel 3. Prior to the transmittal of the coastal
development permit, the applicant shall record a restriction against the
Subject property, free of all prior liens and encumbrances, except for tax
liens, and binding on the permittee's successors in interest and any
subsequent purchasers of' any portion of the real•property. The restriction
shall prohibit any alteration of, landforms, removal of vegetation or the
erection of structures of any type without the written approval of the
California Coastal Commission or successor in interest in the area described
as follows,:
The buffer zone 50 feet {in width parallel and adjacent to the southern
floodway limit on proposed Parcel a, as shown in concept on Exhibit "C ".
The recording document shall include legal descriptions of both the entire
parcel and the restricted area, and shall be in a form and content acceptable
to the Executive Director. Evidence of recordation of such restriction shall
be subject to the review and written approval. of the Executive Director.
5. Applicant's Assumption of Risk. Prior to the transmittal cif a coastal
development permit, the applicant as landowner shall execute and 'record a deed
restriction, in a form and content acceptable to the Executive Director, which
shall provide: (a) that the applicant understands that the site may be
subject to extraordinary hazard from flooding and from erosion, and the
applicant assumes the liability from such hazards; and (b) that the applicant
unconditionally waives any claim of liability on the part of the Commission
and agrees to indemnify and hold harmless the Commission and its advisors
relative to the Commission's approval of the project for any damage due to
natural hazards. The document shall run with the land, binding all successors
and assigns, and shall be recorded free-of prior liens and encumbrances which
the Executive Director determines may affect the interest being conveyed.
IV
Findings and Declarations.
The Commission finds and declares as follows:
1. Project Description.
Proposed is the subdivision of a 51.5 ac. parcel into four new
parcels. The site is located north of Stonebridge Lane and south of
...., �!T^'rw.....— •�.�.,... _ ��... -.. .+ rGax.. v.N.zaaecavroscnw.r�.«...��_..._
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Manchester Ave. adjacent to the east of San Elijo Lagoon Ecological Reserve
and Regional Park. Portions of all four proposed parcels are within the
floodway and floodplain of Escondido Creek.
Improvements include dedication and paving a 40 ft. wide private road easement
taking access from Manchester Ave. to serve the northern three parcels
(Parcels 1, 2 and 4). The road easement runs along the northern property
boundary and two existing sewer easements 22 ft. and 23 ft. wide. The road
will take access from Manchester Ave. via a dedicated 40 ft. private road
easement located on the applicant's adjacent property to the north. The
property to the north is 26.5 vacant acres on which the applicant has
processed an 18 unit Tentative Parcel Map through the County of San Diego.
That subdivision has not been submitted to the Coastal Commission and is at a
density which is inconsistent with the certified San Dieguito LCP land'use
plan.
The proposed parcel sizes are as follows: Parcel 1 = 80 acres gross and net;
Parcel 2 = 18.3 acres net and 18.7 acres gross; Parcel 3 =.'8.0 acres net and
8.3 acres gross; Parcel 4 = 16.3 acres gross and net.
2. Site History/ Surrounding Development. The subject sit is located at_
the east end of San Elijo Lagoon within the floodplain of Escondido Creek.
The site is located between Manchester Ave. to the north, San Elijo Lagoon
Ecological Reserve and Regional Park to the southwest, a 26 —lot residential
estate subdivision ( Stonebridge) to the southeast and Rancho Santa Fe to the
east.
C
As stated above, the vacant 26.5 acres between the subject property and
Manchester Ave. is owned by the applicant, is currently vacant and is a
potential residential subdivision. The Commission approved the 216 —lot estate
subdivision (CDP #6 -83 -314, Manchester Estates) in July 1983 which created the
subject Lot 26 as a residential site south of the floodway and open space on
the remaining northern portion of the property. _Subsequent to that date, the
applicant submitted an application for construction of a residence and the
entry way to the Stonebridge subdivision on the southern portion of Lot 26.
Also, the applicant sought site plan approval of a ranch house, aquaculture
research and development facilities, greenhouse, office and shops with
employee housing on the northern portion of the parcel (CDP #6 -83 -610,
Manchester Estates)
The Commission approved the permit with conditions which defined land use
limitations within the area between the northern floodway limit and the
northern property line. The restrictions included no fill within the
floodplain and limited floodplain uses to those compatible with periodic
flooding which would not cause adverse environmental impacts either on —site or
downstream. The approval also specified that separate coastal development
permits must be obtained for future more detailed development proposals which
would be judged on their individual merits and would be closely reviewed for
.( conformity with the certified San Dieguito LCP land use plan and Coastal Act. •
3. Environmentally Sensitive Habitat. The main concern of the Commission
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with regards to this application, as well as the previously approved 26 lot
subdivision and development of the residence on the southern portion of tot
26, is to minimize the impacts upon the environmentally sensitive habitats of
the San Elijo Lagoon and upstream habitats within the 100 year floodplain of
Escondido Creek.
Section 30240 of the Coastal Act states:
(a) Environmentaily sensitive habitat areas shall be
4 protected against any significant disruption of habitat values, and only
uses dependent on such resources shall be allowed within such areas.
1
,
(b) Development in areas adjacent to environmentally
s sensitive habitat areas and parks and recreation areas shall be sited. and
designed to prevent impacts which would significantly degrade such areas,
and shall be compatible with the continuance of such habitat areas.
1
The subject Lot 26, proposed for subdivision, contains the environmentally
sensitive habitat of the brackish water marsh — mudflat and riparian vegetation
associated with Escondido Creek. In approval of CDP #6 -83 -314, the Commission
required an irrevocable offer to de4icate as open space that portion of Lot 26
within the limits of the 100 year f oodway. This portion of the property also
contains a flowage easement dedicated to the County of San Diego. The
attached condition requires recordation of the same irrevocable offer to
j dedicate open space over the floodway portion of each of the proposed Parcels
1 through 4. The easement will serve to protect the wetland and riparian
habitats which generally are contained within the fl.00dway limits on this
particular site, consistent with Section 30240(a).
Section 30231 is applicable to the proposed project and states:
The biological productivity and the quality of coastal
waters, streams, wetlands, estuaries, and lakes appropriate to maintain
optimum populations of marine organisms and for the protection of human
health shall be maintained and, where feasible, restored through, among
other means, minimizing adverse effects of waste water discharges and
entrainment, controlling runoff, preventing depletion of ground water
supplies and substantial interference with surface water flow, encouraging
waste water reclamation, maintaining natural vegetation buffer areas that
protect riparian habitats, and minimizing alteration of natural streams.
In response to Section 30231, the Commission is requiring provision of a 100
foot buffer zone between the wetland boundary and potential development of the
three northern proposed parcels. Auxiliary use may be permitted within the
buffer zone provided they would not involve filling within the floodplain, and
would not contribute to degradation of on —site or downstream sensitive
resources associated with the floodplain and the lagoon.
The parcels are designated Estate (1 du /2 and 4 acres) and Impact Sensitive (1
du /4,8 and 20 acres) in the certified San Dieguito LCP Land Use Plan and are,
thus, suitable for very low density residential development. The applicant's
0413
6 -86 -379
}.
Page 8
'....
previous proposal on the subject property envisioned use of the site for
aquaculture and equestrian facilities.
m
The County Department of Parks and Recreation has reviewed the proposed
subdivision and a representative has inspected the site. In a letter dated
7/29/86 attached to this staff report, the Department of Parks and Recreation
I
has requested that stables and corrals be restricted within 75 ft. of the
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wetland boundary due to the adverse impact associated with high nitrogen
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levels on downstream San Elijo Lagoon. A representative from the Department
of Fish and Game has also inspected the site and indicated the provision of a
100 foot buffer zone to be appropriate in this sensitive location.
Due to the fact that the lagoon is one of the 19 coastal wetlands identified'
by'ihe Department of Fish and Game as acquisition priorities as referenced in
!
Section 30233(c) of the Coastal Act and that it has been acquired and
identified as San Elijo Lagoon Ecological Reserve and Regional Park, the
Commission finds it appropriate to recognize the, requests of the managing
rn
agencies of the Regional Park. Therefore, the Commission is requiring
provision of 100 foot buffer 'zone between the wetland boundary and major
development and filling, with stables and corrals restricted within 75 feet of
the wetland, to prevent adverse impacts to downstream and on -site resources,
0
consistent with Section 30231.
0,
Parcels 1, 2 and 4, the northern parcels taking access from Manchester
C
Ave., the wetland boundary from which the buffer zone will be measured
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generally conforms to the floodway boundary, with the exception of the western
portion of Parcel 4. Here, the wetland boundary extends as much as 160 ft.
north of the floodway. The 100 year floodplain boundary generally extends 25:
to 45 feet north of the wetland boundary on these three norther5,parcels.
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On Parcels land 4, provision of a 100 foot buffer zone, in addition to the-`
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existing sewer and water easements -, and the 150 ft, SDG &E easement along the
western property boundary, may require revision to the proposed lot lines to
create three parcels which are developable consistent with current zoning
standards. The attached condition requires Executive Director review of the
Tentative Parcel Map after mapping of the wetland boundary and buffer zone has
occurred to determine whether sufficient buildable area remains on each of the
proposed parcels. In the event the parcels could not be developed in
�+
accordance with County zoning standards, the lot lines must be revised to
reflect buildable parcels..
Parcel 2 is the southernmost parcel and contains the single family residence
m
(gatehouse) approved under CDP #6 -83 -610 which has been constructed on the
'
only developable portion of this proposed Parcel 2, The residence maintains a
nm
50 foot buffer from the floodway boundary which is roughly congruous with the
floodplain boundary in this area. In an amendment to this permit and CDPj,,
#6 -83 -314, the Commission approved construction of a sedimentation basin'°
foot
I
within the 50 buffer area.
j
The required buffer on Parcel 2, pursuant to Condition #4 of this permit, is
only 50 feet, consistent with Commission action on the previous subdivision.
;
0414
6 -86 -379
Page 9
The buffer zone along the southern and western property boundaries of the
I 26 -lot subdivision are 100 feet in width, consistent with the recommendations
of the County and the State Department of Fish and Game. The width of the
was reduced to 50 feet
buffer on the two no 'parcels, Lots 25 and 26,
by the Commission, and not subject to review by the Dept. of Fish and Game,
due to the constrained nature of the developable portion of the site between
the floodplain and the road. In this particular case, the major portion of
the 52 acre Lot 26 was proposed as open space, and the Commission considered
single family residence on the southern portion of
it reasonable to permit one
the parcel adjacent to the other estate parcels to the south. The floodplain
portion of tot 25 was minor and the 50 buffer zone was a logical continuation
of;,the buffer on Lot 26.
For the northern proposed Parcels 1,2 and 4,
the Commission finds the 100 foot
buffer zone between the wetland boundary and development to be reasonable and
consistent with past Commission action irk similar situations and Sections
30240 and 30231 of the Coastal Act. In Coastal Development Permits
j #6- 84- 617(Kel Cal Communities) and #6- 85- 482(Sammis Properties) for
subdivisions- adjacent to Aqua Hedionda and Batiquitos Lagoons, respectively,
the Commission
nds and development. Portions of foot in
wetlands and p
width only where there was a change in elevation, such as a bluff between the
wetland and potential development. There is a maximum 5 ft. elevation
difference between the floodway, floodplain and developable portions of the
proposed parcels.
In certain instances, the width of the required wetland buffer zone has been
less than 100 feet to accommodate a proposed development. buIn CDP 6reduced to
(Buena Vista Audubon Society and City of Oceanside),
50 feet a between a. of,agnatureacenternwas7proposed on annalreadyasubdivided
case, the
parcel and the type of use proposed was a low intensity -use. The Commission
required increased landscaping of the buffer zone to increase habitat and
reduce disturbance to wetland resources and found the project consistent with
Section 30240.
In the subject proposal,, the Commission finds it is possible to obtain
still and
still pr
and the wetland. If necessary, the applicant can redesign the lot . lines to
create four parcels, as is proposed, consistent with current County zoning.
As sitiveiresourcepareas on-site panderedesigndof the parcels, documentation of the to
sensitive resource
provide adequate buffer between the wetland resources and potential
development. As so conditioned, the Commission finds the development meets
the requirements of Section 30231 and 30240 of the Coastal Act.
Because the Creek, C ndpitionc #5lhasnbeen the in of
[ order for Greek, with Section 30253 of the Coastal Act which
order for the project to :comply
addresses risks due to building in or near flood prone areas. While the
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0415 ' •. -n,
6 -86 -379
Page 10 )
project should not be subject to flood and /or erosion related problems, m
especially in light of the requirements of this permit, nevertheless, there is k
g an inherent risk in constructing any improvements within or adjacent to
1 floodplain areas. Condition #5 will insure that the Commission is held
harmless should flood or erosion damage occur on the subject property.',
4. Local Coastal Planning. Section 30604 (a) also requires that a 0
coastal development permit shall be issued only if the Commission finds that
the permitted development will not prejudice the ability of the local
Y government to prepare a Local Coastal Program (LCP) in conformity with the �•
provisions of Chapter 3 of the Coastal Act.F' A
a
The proposed four parcel subdivision creates four residential parcels which
meet the minimum lot size requirements contained in the land use designations
of Estate and Impact Sensitive which are contained in the certified San F Q
Dieguito LCP Land Use Plan. As conditioned, the Commission is requiring that
the parcels created provide buildable areas which allow development consistent m
with County zoning requirements, taking into consideratian the required buffer
{ zone and existing road and utility easements. �.
In response to Sections 30231, 30236 and 30240 of the Coastal Act, the
certified San Dieguito LCP Land Use Plan designated San Elijo- Laggoon as an
"Ecological Reserve Area" (ERA) and the upstream 100 year floodplain as { O
Impact Sensitive". These two designations effectively prohibit any C
development or fill within the lagoon (except for minor educational and Z.
} scientific research and habitat enhancement) and minimize impacts within the
100 year floodplain upstream from the lagoon in order to insure that habitat
values are not only preserved, but also protected to the extent feasible from a
development related impacts immediately upstream. ;, a
s The ERA includes the floodplain and 100 feet upland of the floodplain.I m _
i Therefore, in immediately adjacent areas outside the ERA, the Commission finds
it appropriate to continue the buffer between development and the significant
vegetation within the floodplain with a 100 foot buffer zone. As stated
above, as so conditioned, the Commission finds the project meets the
requirements of applicable Chapter 3 policies. Additionally, the project, as P
s conditioned, is in conformance with the Coastal Resource Protection Area
regulations and all applicable special area regulations contained in the
approved implementing ordinances for the LCP. Therefore, approval, as
conditioned, should not prejudice the ability of the local jurisdiction to
prepare a certifiable Local Coastal Program.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and t ?
development shall not commence until 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 �<
T
office. ; t�
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6 -86 -379
Page 11
0.
i 2.
Expiration. If development has not commenced, the permit will expire two
{
years from the date on which the Commission voted on the application.
'�
Development shall be pursued in a diligent manner and completed in a
. -v.
reasonable period of time. Application for extension of the permit must;
be made prior to the expiration date,
3.
Compliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
xH
be reviewed and approved by the staff and may require Commission approval.
4.
Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
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5.
Inspections. The Commission staff shall be allowed to inspect the site
and the development duririg` construction, subject to 24 -hour advance notice.
6.
Assignment. The permit may be assigned to any qualified P Y 9 y qualified person, provided
!-
assignee files with the Commission an affidavit accepting all terms and
} 0
conditions of the permit. i
� 7.
Terms and Conditions Run with the Land.. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property -to the
i
terms and conditions.
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EXHIBIT NO.
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APPLICATION NO.�
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Loca -r ►ovA Map Q
Caritornia Coastal Commission
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EXHIBIT NO.;
APPLICATION NO.
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r.,..,.,, COUIUTY OF SAN DIEGO
{
PARKS AND RECREATION DEPARTMENT J h'' r.
3201 RUFFIN ROAD', SUITE P •. SAN DIEGO, CALIFORNIA 921271
.(619( 565 -3602 - J =
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ROBERT R. COPPER l]r r..'•..�t31�. L1_I�il
DIRCCTOR
July 29; 1986 ,L.... � Cr)A:; MS RIOT
Sherilyn Sarb, Permit Analyst
Fca�
California Coastal Commission �„ _• a�. �� >+
1333 Camino Del Rio South Suite 125 t.
San Diego; CA 92108; Ij;
Dear Ms. Sarb;
The San Diego County Parks and Recreation Department has reviewed )'
TPM 18397, which lies adjacent to San Elijo Lagoon and Ecological M
Reserve. The Department offers the following comments:
The Parks Department supports low density residential use of
those portions of the property under consideration that are
suitable for development. {
Much of the wetland within this proposed subdivision is currently k Or
in open space. As per your suggestion, the Parks and Recreation
Department is willing to accept an I0D for this parcel.
Since it is expected that horses would be kept on the proposed
parcels, the Parks Department requests that the permit be granted
with the condition that stables and corrals be located at least
seventy -five (75),feet from the wetland boundary.
We make this request based on a report entitled - "San Elijo,
Bacteriological Pollution Report ", prepared by the,County
Department of Public Works (1986), and a- Regional Water' Quality _
Control Board report entitled "A Review of Nutrient Standards for
.the Coastal Lagoons in the San Diego Region" dated 1986. t
The bacterial pollution report found high concentrations of fecal {)
and total coliform at Escondido Creek which exceed safe water, !`
contact conditions. The report on nutrient standards found high.'
.concentrations of nitrogen in Escondido Creek that lead to r
eutrophic conditions in San Elijo Lagoon. The Parks Department
•expects that water quality can be• stabilized or* improved if
animal waste is isolated from wetlands and surface water flows m
into San Elijo Lagoon t
Sincerely,
R SERT R. COPPER, Director
darks and Recreation Department
RRC:wr EXHIBIT NO.* .F
APPLICATION NO."
Cc: Denyse Racine, Wildlife Biologist
California Department of Fish and Came
3346 Herman Ave.
San Diego, CA 92014
Nancy Whalen (0650)
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EXHIBIT NO. (',
APPLICATION NO. $:_�,c a'` -0 N0
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6N vcurtrl A 1-1-21
V/CINlrY MAP. '
Cs+ilfornig ConstaI Commission .,..��_
EXHIBIT "C"
OPEN SPACE
LEGAL DESCRIPTION
A PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 11055, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 9, 1984, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID NORTHWEST
QUARTER OF THE NORTHEAST QUARTER SAID POINT BEING SOUTH
0 57'11" WEST 82.39 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE NORTH 52024'09" EAST 859.59 FEET; THENCE NORTH 43 °38'02"
EAST 355.92 FEET; THENCE NORTH 21°37'33° EAST 685.77 FEET TO
A POINT IN THE NORTHERLY LINE OF SAID LOT 4; THENCE EASTERLY
ALONG SAID NORTHERLY LINE NORTH 89 056'06" EAST 347.87 FEET TO
THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE
EASTERLY LINE THEREOF SOUTH 2018'34" EAST 1358.03 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE
EASTERLY LINE OF SAID LOT 1 SOUTH 2 019'11" EAST 260.71 FEET;
THENCE LEAVING SAID EASTERLY LINE SOUTH 4 -0"49'31" WEST 244.56
FEET TO THE BEGINNING-OF A NON - TANGENT 214.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE TO SAID CURVE BEARS
NORTH 22 057105" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE
167,20 FEET THROUGH A CENTRAL ANGLE OF 44 045'57 "; THENCE NON -
TANGENT TO SAID CURVE SOUTH 64043'30" WEST 187.59 FEET; THENCE
SOUTH 39 021'28" WEST 199.95 FEET; THENCE SOUTH 48 °31'38" WEST
74.38 FEET; THENCE NORTH 0 °55151" EAST 270.30 FEET; THENCE
NORTH 89 004109" WEST 147.85 FEET; THENCE NORTH 0 °55'51" EAST
545.38 FEET; THENCE SOUTH 60 °56'18" WEST 959.29 FEET; THENCE
NORTH 0057'11" EAST 430.47 FEET TO THE POINT OF BEGINNING.
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PARCEL 1 WITHIN EASEMENT
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFOR-
NIA, ACCORDING TO MAP THEREOF NO. 11055 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 26; THENCE
SOUTHERLY ALONG THE EASTERLY LINE THEREOF SOUTH 2 018'34" EAST
670.00 FEET; THENCE LEAVING SAID EAST LINE SOUTH 87 041126" WEST
261.65 FEET; THENCE NORTH 53 °33'40" WEST 368.1.5 FEET; THENCE
NORTH 21 037'33" EAST 495.84 FEET; THENCE NORTH 89 056'06" EAST
347.87 FEET TO THE POINT OF BEGINNING.
1
SDE 2819
8 -25 -88
PARCEL 2 WITHIN EASEMENT
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFOR-
NIA, ACCORDING TO MAP THEREOF NO. 11055 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 26 DISTANT
THEREON SOUTH 2 018'34" EAST 670.00 FEET FROM THE NORTHEAST CORNER
THEREOF; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 2 °18'34"
EAST 688.03 FEET; THENCE SOUTH 58 °02'36" WEST 893.25 FEET; THENCE
NORTH 0055'51" EAST 445.38 FEET; THENCE NORTH 5 °4745" WEST
568.01 FEET; THENCE NORTH 49 °09'02" WEST 14.68 FEET; THENCE NORTH
43 °38'02" EAST 237.33 FEET; THENCE NORTH 21 037'33" EAST 189.93
FEET; THENCE SOUTH 53 °33'40" EAST 368.15 FEET; THENCE NORTH
87 041'26" EAST 261.65 FEET TO THE POINT OF BEGINNING.
SDE 2819
8- 25 -88
PARCEL 3 WITHIN EASEMENT
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 11055 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 26, DISTANT
THEREON SOUTH 2 018'34" EAST 1358.03 FEET FROM THE NORTHEAST COR-
NER THEREOF; THENCE CONTINUING ALONG SAID EAST LINE SOUTH
2 019'11" EAST 206.71 FEET; THENCE LEAVING SAID EAST LINE SOUTH
40049'31" EAST 243.26 FEET; THENCE SOUTH 71 °33'26" WEST 15.71
FEET THRU THE BEGINNING OF A TANGENT 214.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THRU A CENTRAL ANGLE OF 49 01:6'28" A DISTANCE OF 184.04
FEET; THENCE SOUTH 64 °43'30" WEST 187.59 FEET; THENCE SOUTH
39021'38" WEST 199.95 FEET; THENCE SOUTH 48 031'38" WEST 74.38
FEET; THENCE NORTH 0 °55'51" EAST 270.30 FEET; THENCE NORTH
89 004'09" WEST 147.85 FEET THENCE NORTH 0 055'51" EAST 100.00
FEET; THENCE NORTH 58002'36" EAST 893.25 FEET TO THE POINT OF
BEGINNING.
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8 -25 -88
PARCEL 4 WITHIN EASEMENT
LEGAL DESCRIPTION
ALL THAT PORTION OF LOT 26 OF COUNTY OF SAN DIEGO TRACT NO. 4254,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFOR-
NIA, ACCORDING TO MAP THEREOF NO. 11055 DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 26; THENCE
SOUTH 89018'04" EAST 295.36 FEET; THENCE SOUTH 0 °57'11" WEST
82.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 52 024'09"
EAST 859.59 FEET; THENCE NORTH 43 038'02" EAST 118.59 FEET; THENCE
SOUTH 49 009'02" EAST 14.68 FEET; THENCE SOUTH 5 047'45" EAST
568.01 FEET; THENCE SOUTH 60 °56'18" WEST 959.29 FEET; THENCE
NORTH 0 057'11" EAST 430.47 FEET TO THE TRUE POINT OF BEGINNING.
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EXHIBIT 0
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 Hap 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 of 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.
0431.
EXHIBIT E
Recording Requested by and
pp When Recorded Mail To:
i California Coastal Commission
9 631 Howard Street, 4th Floor
San Francisco, California 94105
Attention; Legal Department
CERTIFICATE OF ACCEPTANCE
OFFER TO DEDICATION OF OPEN SPACE EASEMENT
This is to certify that hereby accepts
the Offer to Dedicate Open Space Easement executed by
on , 19 and
recorded on As Instrument No_
of the Official Records in the Office of the Recorder of
County.
By
Dated For
STATE OF CALIFORNIA )
)ss
COUNTY OF i
On before the undersigned, a Notary
Public, personally appeared
personally . known to me to be the person who executed this instrument as
the and authorized representative
of the and acknowledged .
to me that the executed it.
Notary Public in and for said
County and State
Page 1 of Two Pages
I"
0432
•�•'
ACKNOWLEDGEMENT BY
CALIFORNIA COASTAL COMMISSION
r.
rn
C
This is to certify that
is a public agency /private association
acceptable to the Executive
Director of the
Commission,�i
California Coastal Commission
to be Grantee under. the above described
{ C&
Offer to Dedication.
i, z
Dated
Executive Director .
s
_
Coastal Commission
Z
s
STATE OF CALIFORNIA
)ss
M
COUNTY OF )
� A
On
before the undersigned, a Notary
Public, personally appeared
r
personally known to me to be the
person who executed this instrument as
the
and authorized representative
r
of the
and acknowledged
m
to me that the
executed it.
�•t�
Notary Public in and for said
M
County and State
Page 2
of Two Pages