Instructions for Completing Public Access, View Corridor, and Open Space Forms

Please read the following instructions carefully before you attempt to complete the forms. If you wish to submit instruments in a different format, you must provide all of the information outlined in the forms and in these instructions.

Instructions

1. Read your permit’s special conditions (paragraph II) to determine whether you must draft an agreement to permanently restrict real property for public access, open space, or view corridor uses. In tandem with reviewing the special conditions, see the permit exhibit, which depicts the area(s) required to be permanently restricted. This is usually Exhibit A of the permit, but not always.
2. Fill in all of the blank spaces on the form to create a draft agreement. Near the top of page two, specify all persons or entities that are identified as permittees in the permit and specify whether the parties own, lease, or have some other property right. In the middle of page two, insert the description of your project using the verbatim language from the permit’s authorization section (paragraph I-A). If your permit has been amended, use language in the most recent amendment.
3. Attach to the agreement:
   • A legal description and corresponding map of the entire parcel or parcels of property on which the authorized project is located; label this EXHIBIT A;
   • An executed copy of the permit or most recently amended permit; label this EXHIBIT B;
   • A legal description and corresponding map of the area that will be restricted for public access, open space, or view corridor use; label this EXHIBIT C. It is often necessary to retain a surveyor to prepare this legal description and map. You must provide the surveyor with a copy of your permit, including the permit exhibit that depicts the areas that are required to be restricted.
4. If you hold property in more than one manner, you should modify the form to so indicate and add additional exhibits. For example, if you own some property, lease some property and have an easement over property, which together create the project site, please create sub-exhibits such as: EXHIBIT A.1 for property that you own, EXHIBIT A.2 for property that you lease, and EXHIBIT A.3 for property over which you have an easement.
   If you wish to draft a single instrument for any combination of public access, open space, or view corridor restrictions that are required by your permit, you must:
   • Modify the text of the agreement to include a description of each area to be restricted;
   • Provide separate exhibits to depict the public access, open space, and view corridor areas and number each as a sub-exhibit as suggested in #4 above.
5. When drafting the description of property restrictions, use language that precisely reflects the permit’s requirements. For example, if the permit allows landscaping in a view corridor but specifies that it must not be taller than three feet, the agreement must include this exact language.
6. All maps must include:
   • a title, north arrow, graphic scale, important features such as top of bank;
   • names of existing and proposed structures, bodies of water, streets and other landmarks necessary to depict the property being restricted;
   • a depiction of the metes and bounds survey; and
   • the boundary of the Commission’s Bay jurisdiction, which is usually delineated on the permit’s exhibit. In areas that are not tidal marsh, the Commission’s Bay jurisdiction is the mean high tide line. In tidal marsh areas, the Bay jurisdiction extends to five feet above mean sea level.
7. Because most county recorders only accept documents in an 8.5 x 11 inch format, maps must be submitted in that format. For larger project sites, use consecutive sheets with clearly marked match lines and a cover sheet referencing the breakdown. All text and numbers on exhibits must be legible so that they will be acceptable to the recorder’s office. You should remove extraneous lines and numbers.
8. Please submit a typed draft of the agreement and its three exhibits before you have it executed by the appropriate party/ies. This will allow the staff to review the document and to determine if you have completed it correctly before you go to the trouble of having it executed.
9. If necessary, staff will provide you with written comments regarding necessary changes for approval. Upon receipt, please make the changes and resubmit the draft for further staff review.
10. Upon receiving and reviewing an approvable draft, the staff will have it signed by BCDC’s Executive Director and return it to you for signing and recordation.
11. Have the approved document executed by the appropriate party/ies. Make sure all signatures are properly dated and notarized. All parties named on the permit, and who own or control the property, must execute the instrument. For a partnership, one or more partners may execute the instrument as required by the partnership agreement. For a corporation, an appropriate corporate officer must execute the instrument. You should provide a signatory authority for any individual signing on behalf of an entity.
12. After the instrument has been approved and executed by all necessary parties, it must be recorded. If speed is important, the permittee may wish to record the instrument. If you request, the staff will record the instrument. The permit requires you to submit evidence of recordation to BCDC. Therefore, please do so.
13. If you have any questions about these instructions, the use of the model forms, or how to comply with your permit conditions regarding public access, open space, or view corridors, please feel free to contact the legal or enforcement staff.