County of Monterey - File #: 12-1130

• File #: 12-1130
• Name: Deed Restriction on CO Property Conveyed from FORA
• Type: General Agenda Item
• Status: Passed
• File created: 11/26/2012
• In control: Board of Supervisors
• On agenda: 12/11/2012
• Final action: 12/11/2012
• Title: a. Approve and authorize the Chair to execute the Deed Restriction and Covenants on County-owned properties previously conveyed from the Fort Ord Reuse Authority, as identified in Exhibit A of the Deed Restriction and Covenants; and b. Authorize the Director of Public Works to submit the Deed Restriction and Covenants to the County Recorder for recordation.
• Sponsors: Public Works / RMA

Date	Action By	Action	Result
12/11/2012	Board of Supervisors	approved

Title
a. Approve and authorize the Chair to execute the Deed Restriction and Covenants on County-owned properties previously conveyed from the Fort Ord Reuse Authority, as identified in Exhibit A of the Deed Restriction and Covenants; and
b. Authorize the Director of Public Works to submit the Deed Restriction and Covenants to the County Recorder for recordation.

Report
RECOMMENDATIONS:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Chair to execute the Deed Restriction and Covenants on County-owned properties previously conveyed from the Fort Ord Reuse Authority, as identified in Exhibit A of the Deed Restriction and Covenants; and

b. Authorize the Director of Public Works to submit the Deed Restriction and Covenants to the County Recorder for recordation.

SUMMARY/DISCUSSION:
The Resource Management Agency - Public Works received a request from the Fort Ord Reuse Authority (FORA) to record certain deed restrictions and covenants on properties that had been conveyed from FORA to the County. These restrictions and covenants reference the Fort Ord Base Reuse Plan and require that the use and development of the properties conform to the provisions of the Reuse Plan.

During the 2000s, properties within the former Fort Ord base were conveyed from the United States Government to FORA, subject to conditions and requirements within a Memorandum of Agreement between the U.S. Government and FORA. Properties were then transferred and quitclaimed by FORA to local jurisdictions, including the County.

In accordance with the Implementation Agreement between FORA and the County of Monterey (Document 2001088380, recorded in the Office of the Monterey County Recorder), properties shall be transferred in compliance with the Base Reuse Plan, the Settlement Agreement in Sierra Club vs. FORA (Monterey County Superior Court Case No. 112014), the Fort Ord Master Resolution (Section 8.01.010(j)), and the Implementation Agreement. Exhibit B of the...