Title
a. Accept an Irrevocable Offer to Dedicate a Lateral Public Access Easement, recorded July 2, 2004, as Document No. 2004070034, executed by the Esalen Institute;
b. Authorize the Chair of the Board of Supervisors to sign the Certificate of Acceptance; and
c. Direct the Clerk of the Board to submit the signed Certificate of Acceptance to the County Recorder for filing/recordation.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ACTION:
Acceptance of an easement is not a Project as defined in Section 15378 of the CEQA Guidelines.
Body
RECOMMENDATION:
a. Accept an Irrevocable Offer to Dedicate a Lateral Public Access Easement, recorded July 2, 2004, as Document No. 2004070034, executed by the Esalen Institute
b. Authorize the Chair of the Board of Supervisors to sign the Certificate of Acceptance; and
c. Direct the Clerk of the Board to submit the signed Certificate of Acceptance to the County Recorder for filing/recordation.
SUMMARY/DISCUSSION:
In 2003, the County of Monterey approved coastal development permits (PLN010501 & PLN020599) for the Esalen Institute. These permits were appealed by the California Coastal Commission partly due to concerns regarding public access required under the Coastal Act and the County's Local Coastal Program (LCP). The Coastal Commission processed the permit on appeal and added a condition that required an Offer to Dedicate land on the Esalen Institute property for a trail. In response, and with the expectation that the appeal would be withdrawn, the Esalen Institute executed and recorded an Irrevocable Offer to Dedicate (OTD), for a Lateral Public Access Easement on July 2, 2004 (Attachment A). This OTD provides for a non-exclusive easement in perpetuity for public access and passive recreational use generally along Highway 1 across a portion of the Esalen property, intended to facilitate connectivity. The OTD specifies it is binding for 21 years from the date of recordation, meaning it will expire on Ju...
Click here for full text