File #: 17-058    Version: 1 Name:
Type: Resolution Status: Passed
File created: 1/20/2017 In control: City Council
On agenda: 1/23/2017 Final action: 1/23/2017
Title: Adopt City Council Resolution Authorizing the City Clerk to Sign the Offer to Dedicate Associated with Major Division 4-02/14
Attachments: 1. RESO Offer to Dedicate certification signing, 2. OFFER TO DEDICATE

Title

Adopt City Council Resolution Authorizing the City Clerk to Sign the Offer to Dedicate Associated with Major Division 4-02/14

 

Summary

On January 9, 2017, the City Council approved the Final Map for Major Division 4-02/14. Included as part of Major Division 4-02/14 was the following special condition:

                     Prior to the issuance of the Coastal Development Permit, the landowner shall execute and record a document in a form and content acceptable to the City of Fort Bragg, and approved by the Executive Director of the Coastal Commission, consistent with provisions of Chapter 17.56 of this Development Code, irrevocably offering to dedicate to a public agency or private nonprofit association approved by the City of Fort Bragg an easement for vertical access and passive recreational use (Offer to Dedicate).

The recorded Offer to Dedicate shall provide that: (1) the terms and conditions of the permit do not authorize any interference with prescriptive rights in the area subject to the easement prior to acceptance of the offer and, (2) development or obstruction in the accessway prior to acceptance of the offer is prohibited.

The recorded Offer to Dedicate shall include legal descriptions and a map drawn to scale of both the applicant's entire parcel and the easement area. The offer or grant shall be recorded free of prior liens and any other encumbrances which the City of Fort Bragg determines may affect the interest being conveyed, as evidenced by a clean title report. The grant of easement or offer to dedicate shall run with the land in favor of the People of the State of California, binding all successors and assignees, and the offer shall be irrevocable.

In order to complete the certification and recording of the Offer to Dedicate, the signatory for the City needs to be authorized by City Council resolution.