Title
Development Services Department recommending the Board accept the Deed of Conservation Easement for a portion of APN 124-010-03 and the Grant of Easement for Hiking Trail Purpose across a portion of said APN; and recommending Chairman be authorized to sign Certificates of Acceptance for same.
RECOMMENDED ACTION: Approve.
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Background: The easements are required by Conditions 22 and 23 of PD02-0002R, approved by the Board of Supervisors on March 30, 2004. This project is a mini-storage project located on the south side of Green Valley Road on Hidden Acres Drive (APN 124-010-03). The project is currently being developed by The Sundance Group represented by project manager Rick McGrath and Ron Smith as the broker/principal.
The proposed Deeds have been reviewed and approved by County Counsel, and the legal descriptions have been reviewed for accuracy.
Pursuant to Conditions 22 and 23, building permits are ready to be issued once the easements have been accepted by the Board. The conditions are listed below:
Condition 22: The applicant shall convey to a public entity or otherwise grant to the County development rights, in a form acceptable to County Counsel, whether by conveyance of a conservation easement, recordation of a declaration of restrictions or by other document acceptable to the County Counsel to those portions of the property on which improvements for the self storage facility shall not be constructed, consisting of approximately eleven (11) acres. If the conveyance is not made directly to the County, then at County's request the County shall be named as a beneficiary of any such conveyance or agreement. The terms of the conveyance or grant of development rights shall provide that the property so restricted shall be maintained as a preserve area and in its natural state and that the oak trees thereon shall remain unless removal is required due to damage or disease. The portion of the property subject to these restrictions shall be shown on a diagram, sketch or similar document submitted prior to rehearing on the Project (the "Diagram"). The conveyance shall be made before any building permit for the Project is issued.
Condition 23: The applicant shall grant to the County an easement for the purposes of maintaining a pedestrian trail through that portion of the property maintained as a preserve area as shown on the Diagram. The precise description of the easement shall be drawn and the easement granted prior to issuance of any building permit for the Project. This pedestrian trail shall be located in a manner to facilitate the planned trail system extending from Wild Oak Park, through the Francisco Oaks subdivision providing access to the State Park at Brown's Ravine. Petitioner shall cooperate with the adjoining property owners and provide assistance to the County in attempting to obtain required easements to complete the pedestrian trail from adjoining property owners.
Contact: Gregory L. Fuz (5445)/Lawrence W. Appel )7698)/Roger P. Trout (5369)