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Land for open space may be conveyed by any of the following means, as determined by the Advisory Agency:

(a) Contingent upon the recommendation of the Parks and Recreation Commission, the approval of the Advisory Agency, and a resolution of acceptance by the Board of Supervisors, open-space land can be deeded to the County of Humboldt.

(b) Deeded to a homeowners’ association within the subdivision upon terms and conditions approved by the Advisory Agency. Said terms and conditions must protect the public welfare, provide for future maintenance of the open space, and be in such form that all property owners within the subdivision have equal rights in and to the open space. The homeowners’ association established to take title must be a legal entity capable of holding title and assuming the burden of ad valorem taxes assessed against the open space.

(c) Deeded to lot owners within the subdivision as undivided interests after any and all improvements required by the Advisory Agency have been completed. The open-space land must be readily accessible to all of the lot owners within the subdivision. In those cases in which ownership of open-space land is to be in undivided interests vested in individual lot owners, there must be covenants of record irrevocably binding the individual homesite lots to the companion undivided interest in the open space set aside.

(d) As a condition of approval on a Tentative Map for any planned unit development creating common open-space or recreational land, the subdivider shall prepare and submit a draft of the covenants, conditions and restrictions (CC&R’s) applicable to the common land. The draft CC&R’s shall be submitted to the Planning Director a minimum of thirty (30) days prior to the action on a Final Map.

The CC&R’s shall outline the methods by which the common open-space, recreational areas and any facilities thereon will be conveyed, preserved, permanently maintained and payment of all taxes thereon assured. The Planning Director may require additional language to insure the foregoing. A report, containing the findings of the Director, shall be submitted to the Board of Supervisors prior to the approval of the Final Map. (Ord. 1146, § 48, 7/19/1977)