Exhibit H
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
December 13, 2011
WHEREAS, on September 26, 1989 the Board of Supervisors adopted Resolution 89-1345, accepting an Easement Deed and ordered that it be recorded concurrent with Parcel Map No. 89-107 in the office of the Recorder; and
WHEREAS, on October 4, 1989 the Grant of Easement was recorded in official records of Orange County; and
WHEREAS, on July 13, 2011 the Planning Commission recommended that the Board of Supervisors approve Planning Application PA090036 for a Specific Plan Amendment, Area Plan, and Grant of Easement Amendment, subject to Findings and Conditions of Approval and adopted Resolution of the Orange County Planning Commission Number 11-01; and
WHEREAS, on December 13, 2011 the Board of Supervisors held a public hearing to receive public testimony concerning the associated project and to consider the recommendation of the Planning Commission relative to the Project.
NOW, THEREFORE, BE IT RESOLVED that:
1. The Board of Supervisors hereby approves and executes, through the Chair, an Easement Deed, attached hereto as Attachment 1, which will amend the 1989 Grant of Easement to allow for Rural Residential Development and uses permitted as found in Section 3 of the Coto de Caza Specific Plan.
2. The Board of Supervisors orders that the Easement Deed shall eliminate all recreational type uses listed under “Recreational Facilities” with the exception of uses expressly listed for the Rural Residential category of the Coto de Caza Specific Plan.
3. The Board of Supervisors orders that the Easement Deed be recorded concurrently with Final Tract Map No. 17325 in the Office of the Recorder, and that such Easement Deed shall be effective upon recordation of Final Tract Map No. 17325 and the Easement Deed.
//
//
//
//
//
//
//
//
Page 1 of 7
Attachment 1
Recording requested by and
when recorded, return to:
OC Public Works
Right of Way Engineering
P.O. Box 4048
Santa Ana, CA 927024048
Recording Fee Exempt
Per Govt. Code 27383
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
Khalda Development, Inc., a California corporation
hereinafter referred to as "Grantor,"
does hereby Grant to the
COUNTY OF ORANGE,
hereinafter referred to as "County,"
a perpetual nonexclusive scenic easement for the purpose of imposing certain restrictions on Grantor’s use of that certain real property (the “Property”) located in the County of Orange, State of California, more particularly described as attached hereto in Exhibit A.
Grantor covenants and agrees that Grantor’s continuing use of the Property shall be subject to the following express conditions and limitations:
A. The Property shall only be used for “Open Space” (Scenic Area), “Rural Residential Development” (to implement Tract Map No. 17325), and “Community Facilities” or any combination of the foregoing. “Rural Residential Development” permits such uses as those found in the Coto de Caza Specific Plan, Section III, Regulations, Section 3, Rural Residential. “Community Facilities” permits such as: (1) utility buildings for electrical, water, sewage, telephone, etc., (2) community information centers, and (3) recreational facilities. “Recreational Facilities” include facilities with primary uses being recreation of any type including, without limitation, retaining walls, parking facilities, access roads and other ancillary structures and improvements in connection therewith. Such uses of the Property shall include the right to develop, construct (including, without limitation, grade, excavate, recompact, fill, irrigate and landscape the Property), improve, reconstruct, renew, replace, remove, inspect, maintain and repair the Property and all ancillary facilities and structures in connection therewith. Such rights shall include the right of Grantor, its agents, employees, guests and invitees to enter upon, pass and repass over and along the Property for purposes of conducting the foregoing activities. Any improvements to the Property shall be constructed in accordance with Site Development Permits, plans, specifications and other necessary permits either submitted to or previously approved by County.
B. Development of structures on the Property shall be restricted to within the development footprint area that encompasses the seven residential lots and
appurtenant infrastructure and facilities.
Granter shall perform all maintenance of the Property and any facilities located thereon, and Grantor shall save County, its agents, officers and employees, harmless from any and all penalties, liabilities or losses resulting from claims or court actions arising directly or indirectly out of any damage or injury to persons or party by reason of the actions or omissions of Grantor in exercising any use of the Property or in consequence thereof. Upon the conveyance by Grantor of fee title to all or any portion of the Property, Grantor’s successor in interest shall succeed to the rights and shall assume the obligations of Grantor hereunder with respect to such portion of the Property so conveyed. In such event, County shall look solely to the successor in interest for the performance of all obligations to be performed by Grantor hereunder and Grantor shall be released from all liability under this Grant with respect to such portion of the Property so conveyed, other than liability arising from actions or omissions of Grantor occurring prior to such conveyance of fee title.
Except as otherwise provided herein, all terms, conditions, restrictions, limitations, exclusions and reservations of this Grant shall be binding upon and insure to the benefit of Grantor or County and their respective successors and assigns. Nothing in this Grant, express or implied, is intended to confer upon any person other than the parties and their respective successors and assigns any rights or remedies under or by reason of this Grant. Nothing contained herein shall confer or be deemed to confer any right of the public to come onto or to use any portion of the Property for any purpose whatsoever.
//
//
//
//
Khalda Development, Inc.
a California corporation
Dated: ______By:______
Its:______
By:______
Its:______
State of California )
County of Orange )
On ______before me, ______
(here insert name and title of the officer)
personally appeared ______, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______
State of California )
County of Orange )
On ______before me, ______
(here insert name and title of the officer)
personally appeared ______, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or grant to the County of Orange, a body corporate and politic, is hereby accepted by order of the Board of Supervisors of the County of Orange, and the County of Orange consents to recordation thereof by its duly authorized officer.
Dated: ______By: ______
Chair, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPYOF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD PER GC § 25103, RESO. 79-1535
ATTEST:
APPROVED AS TO FORM
COUNTY COUNSEL
By: ______
Deputy Darlene J. Bloom
Clerk of the Board of Supervisors
Date: ______Orange County, California
Exhibit A
Lot A through F of Tract No. 17325 in the County of Orange, State of California, per map filed in book ______, pages ______through ______of Miscellaneous Maps in the office of the County Recorder of said county.
Page 7 of 7