Irvine Municipal Code Ch. 8-14 Offer of Conveyance

A. Concurrent with the recordation of the first final tract map within a development area of each district shown on Figure 8-2A (except District H), an offer of conveyance for all the conveyance areas within the district shall be recorded. Each offer will provide that it may be accepted no sooner than 90 days following issuance of building permits for 75 percent of the development in the district as indicated on Figure 8-2B or completion of development in the district, whichever first occurs.

B. Each offer will be subject to nonmonetary encumbrances, easements, liens, restrictions and title exceptions of record or apparent which do not prevent use of the conveyance areas consistent with the uses set forth in Sections 8-19-1, 8-20-1 and 8-7-1 as may be applicable to the conveyance area as identified in Figure 8-2A and consistent with the intent of this division and with the following:

1. The offer shall provide for conveyance of title by grant deed subject to land use restrictions and/or open space easements assuring that the conveyed land shall be used in perpetuity consistent with the intent of the dedication and the purposes to be served by open space spines and preservation areas, with corresponding means of enforcement. Lands reserved for road, transportation, transit, drainage, flood control, water, sewer and utility purposes by public agencies may be excluded from the offer at the landowner's discretion.

2. Mineral rights and water rights (excluding the right of surface entry) will be reserved by the landowners on conveyed lands. The landowner shall make full written disclosure with respect to toxic or hazardous substances which in its knowledge were stored on or deposited in the land to be dedicated. Road, transportation, transit, flood control, drainage, water, sewer, and utility easements necessary to accomplish development in adjoining areas and/or to accomplish planned facilities by public agencies and utilities will be reserved by the landowner on conveyed lands. Easements will be reserved on conveyed lands if necessary to preserve or facilitate agricultural uses on adjoining lands if necessary to preserve or facilitate agricultural uses on adjoining preservation areas not yet conveyed.

3. The enhancement of habitat areas by the landowner, particularly riparian habitat, shall be allowed in conveyed preservation areas consistent with applicable standards and procedures for purposes of environmental impact mitigation in development areas.

4. The City or other appropriate public agency shall accept the offer within two years after all other conditions to acceptance have been satisfied. However, acceptance may be delayed beyond two years by mutual agreement of the City and the landowner.

(Code 1976, § V.E-711; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)