Common use of Land Use Restrictions Clause in Contracts

Land Use Restrictions. For every property where ADL-contaminated soil is buried within State owned highway rights-of-way pursuant to this Agreement, Caltrans shall, pursuant to California Code of Regulations, title 22, section 67391.1, execute a land use covenant imposing appropriate limitations on land use of the property, which shall be binding in perpetuity upon Caltrans or any future owners of the property. The land use covenant, except as provided in section 4.8.1, shall be recorded within the county (or counties) wherein ADL-contaminated soil has been buried. 4.8.1 Properties within State owned highway rights-of-way typically do not have assessor parcel numbers (used to assess taxes) which prevents land use covenants from being properly recorded within the county (or counties) wherein they are located. For any property for which it is not feasible to establish a land use covenant, Caltrans shall meet all the following requirements. 4.8.1.1 Caltrans shall maintain a list, at its statewide office, of all locations where ADL-contaminated soil is placed or buried as part of this Agreement. Prior to any land use change for properties within State highway rights-of-way, the list shall be consulted and steps taken, if necessary, to ensure the land use change does not create an unacceptable risk to human health or the environment related to ADL-contaminated soil. 4.8.1.2 Caltrans shall revise its policy for the relinquishment of property within State highway rights-of-way to ensure that properties with ADL-contaminated soil are properly managed after relinquishment. The revised policy shall require properties relinquished to other government entities to be tracked and managed in a manner equivalent to that required of Caltrans. Properties relinquished to non-governmental entities shall, pursuant to California Code of Regulations, title 22, section 67391.1, execute a land use covenant imposing appropriate limitations on land use of the property, which shall be binding in perpetuity upon the non-governmental entity or any future owners of the property, as part of the relinquishment process. The land use covenant shall be recorded within the county (or counties) wherein ADL-contaminated soil has been buried. DTSC shall provide Caltrans sample land use covenant language upon request. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Land Use Restrictions. For every property where ADL-contaminated soil is buried within State owned highway rights-of-way pursuant to this Agreement, Caltrans 13 shall, pursuant to California Code of Regulations, title 22, section 67391.1, execute a land use covenant imposing appropriate limitations on land use of the property, which 14 shall be binding in perpetuity upon Caltrans or any future owners of the property. The 15 land use covenant, except as provided in section 4.8.1, shall be recorded within the county (or counties) wherein ADL-contaminated soil has been buried. 17 4.8.1 Properties within State owned highway rights-of-way typically do not have assessor parcel numbers (used to assess taxes) which prevents land use covenants 18 from being properly recorded within the county (or counties) wherein they are located. For any property for which it is not feasible to establish a land use covenant, Caltrans 19 shall meet all the following requirements. 20 4.8.1.1 Caltrans shall maintain a list, at its statewide office, of all locations where 21 ADL-contaminated soil is placed or buried as part of this Agreement. Prior to any land use change for properties within State highway rights-of-way, the list shall be consulted 22 and steps taken, if necessary, to ensure the land use change does not create an 23 unacceptable risk to human health or the environment related to ADL-contaminated soil. 24 4.8.1.2 Caltrans shall revise its policy for the relinquishment of property within State highway rights-of-way to ensure that properties with ADL-contaminated soil are 25 properly managed after relinquishment. The revised policy shall require properties 26 relinquished to other government entities to be tracked and managed in a manner equivalent to that required of Caltrans. Properties relinquished to non-governmental 27 entities shall, pursuant to California Code of Regulations, title 22, section 67391.1, execute a land use covenant imposing appropriate limitations on land use of the 28 property, which shall be binding in perpetuity upon the non-governmental entity or any future owners of the property, as part of the relinquishment process. The land use covenant shall be recorded within the county (or counties) wherein ADL-contaminated 1 soil has been buried. DTSC shall provide Caltrans sample land use covenant language 2 upon request. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28.