Mendocino County Municipal Code Appendix A Mendocino County

SAMPLE

Recording Requested by and When Recorded, Mail To: Mendocino County Planning and Building Services Dept. Courthouse, Ukiah, CA

and

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IRREVOCABLE OFFER TO DEDICATE EASEMENT

AND

DECLARATION OF RESTRICTIONS

THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS (hereinafter "Offer") is made this _______ day of ;daterule, _______, by ___________, (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 Mendocino, 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 coastal development permit approved by the Commission or local government as defined in Public Resources Code Section 30109 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 _______ for a permit to undertake development as defined in the Act within the Coastal Zone of Mendocino County (hereinafter the "Permit"); and
V.	WHEREAS, the coastal development permit (Permit No. _______) was granted on _______, _______, by the ___________ in accordance with the provision of the Findings, Exhibit B, attached hereto and hereby incorporated by reference, subject to the following conditions:
VI.	WHEREAS, the subject property is a parcel located_______; and
VII.	WHEREAS, the found that but for the imposition of the above condition, the proposed development could not be found consistent with the _______ policies of Section of the California Coastal Act of 1976 and the Mendocino Local Coastal Element and that therefore in the absence of such a condition, a permit could not have been granted;VIII. 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 granting of Permit No. ___ to the owner(s) by the _______, the owner(s) hereby offer(s) to dedicate to the People of California an easement in perpetuity for the purposes of ___________located on the subject property _______ and as specifically set forth by attached Exhibit C hereby incorporated by reference.

1.	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 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.
2.	DECLARATION OF RESTRICTIONS. This Offer of Dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights, established by a court of law, of public access acquired through use which may exist on the Property.
3.	ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS. Prior to recordation of an acceptance of this offer, the grantee shall notify the grantor or the grantor's successor in interest of the grantee's intent to accept the recorded offer of dedication. Prior to the opening of the accessway, the Grantee, in consultation with the Grantor, may record additional reasonable terms, conditions, and limitations on the use of the subject property in order to assure that this Offer for public access is effectuated, provided such amendment does not conflict with the management plan adopted by the County of Mendocino.
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.	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.
6.	TERM. This irrevocable Offer of Dedication shall be binding for a period of twenty-one (21) years. Upon recordation of an acceptance of this Offer by the Grantee, this Offer and terms, conditions, and restrictions shall have the effect of a grant of access easement in gross and perpetuity that shall run with the land and be binding on the parties, heirs, assigns, and successors. The People of the State of California shall accept this offer through the local government in whose jurisdiction the subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission or its successor in interest.

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 and the County of Mendocino for the duration of the term of the original Offer to Dedicate.

Executed on this _______ day of ________, at _______, California.

Dated:________	Signed _____
	Owner
	_____
	Type or Print
	Signed _____
	_____
	Type or Print

NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of persons signing on behalf of a corporation, partnership, trust, etc., please use the correct notary jurat (acknowledgment) as explained in your Notary Public Law Book.

State of California,	)
	)
	) SS
	)
County of _______	)

On this _______ day of ________, in the year _______, before me ___________, a Notary Public, personally appeared _______ _____ , 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.

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	NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE

This is to certify that the Offer to Dedicate set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to the action of the _______ when it granted Coastal Development Permit No. _______ on _______, and the California Coastal Commission consents to recordation thereof by its duly authorized officer.

Dated: ________	Signed _____
	_____
	California Coastal Commission

State of California,	)
	)
	) SS
	)
County of_______	)

On this _______ day of ________, in the year _______, before me ________, a Notary Public, personally appeared ___________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed this instrument as the _______ an authorized representative of the California Coastal Commission and acknowledged that the California Coastal Commission executed it.

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	NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE