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Home My WebLink AboutRESOLUTIONS - 11271984 - 84-696 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 77- M4 , by the following vote: AYES: Powers, Fanden, Schroder, Torlakson NOES: None ABSENT: None ABSTAIN: McPeak SUBJECT: WEST BRANCH: Approving ) RESOLUTION NO. 84/696 Tentative Cancellation of ) Land Conservation Contract ) (Gov. C. $51280.1 et seq.} 22-75 (1936-RZ) ) The Board of Supervisors of Contra Costa County RESOLVES THAT: On February 11, 1975 the landowners of the Gale Ranch entered into a Land Conservation Contract with the County of Contra Costa in accordance with the California Land Conservation Act (Government Code Section 51200 et seq.) On March 29, 1982 the landowner, Shapell Industries of Northern California, filed a petition for cancellation of a portion of that contract, covering approximately 400 acres of its 3,000 acre property. The subject property is located both east and west of Dougherty Road southerly of Camino Tassajara Road and is identified as Assessor's parcels #217-060- 0019 #217-060-0029 #206-040-001. The County Assessor has determined the full cash value of the subject property as though it were free of the contractural restriction, and has certified to the Board the cancellation valuation of the subject property for the purpose of determining the cancella- tion fee. The Board hereby determines, and certifies to the County Auditor-Controller, that the amount of the cancellation fee, which the landowner must pay the County Treasurer as deferred taxes upon cancellation, is $32,985.00 (which is 1214% of the cancellation valuation of the subject property). An environmental Impact Report (EIR) was prepared on a general plan amendment, alternative land use plan and the request to cancel the Land Conservation Contract. The Board's actions amending the County General Plan and certifying the adequacy of the EIR are documented by the Board of Supervisors Resolution No. 84/695. On November 27, 1984 the Board of Supervisors held a duly noticed public hearing on the partial area contract cancellation. The alternative use of the proeprty is urban in nature, consisting of residential uses of varying intensity, commercial, limited office, and open. space. The affected property abuts a number of existing or pending but approved developments, including Country Club III of Blackhawk Ranch, Wood Ranch Planned Unit Development, and other developments as authorized in the North Dougherty Hills and the Sycamore.Valley General Plan Amendments. - 1 - RESOLUTION NO. 84/696 00 322 e The Board hereby finds (1) that the cancellation and alternative use will not result in discontiguous patterns of urban development and (2) that the alternative use allowed on the property will be consistent with the County General Plan as amended by Board Resolution No. 84/695, which amendment was initiated by the landowner prior to October 1, 1981. The Board hereby grants tentative approval for cancellation of Land Conservation Contract 22/75, only as to the parcels identified above, subject to the following conditions and contingencies being satisfied: (1) Payment in full of the cancellation fee due under Gov. C. §551283 and 51283.1, which fee is $32,985.00 (portion of Contract 22-75). Unless said fee is paid within one year from the recording of this Certificate, or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowner's Notice of Satisfaction of Conditions and Contingencies (Gov.C. $51283.4(b)). (2) The landowner shall obtain approval for a Planned Unit District Preliminary Development Plan within one year of the date of tentative cancellation, with a possible one year extension at the discretion of the Board of Supervisors. The Board directs the Clerk of the Board to file with the County Recorder a Certificate of Tentative Cancellation pursuant to Government Code Section 51283.4. 1 hereby cert y vpiat't '?'.s !trt+e"t ct•--.- Y of or, action taken arw-- a:e:ec o:: i:tie ,, ;he Board of Supervisorsonthe date ATTESTED: /�,2Y»��y� F5/ PHIL SATCF:ELOP., Cler': of the Board Of Supervisors and County Administrator By -<-lr/ �/� Deputy Orig. Dept.: Planning Dept. cc: Assessor Auditor-Controller Clerk of the Board County Counsel Director of Planning Planning Department Public Works Department Treasurer-Tax Collector Dan Hancock, Shapell - 2 - RESOLUTION NO. 84/696 00 323 4 Recording requested by Contra Contra County When recorded, Mail to Clerk Board of Supervisors County Administration Bldg. 651 Pine Street Martinez , CA 94553 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: Tentative Cancellation of a ) CERTIFICATION OF TENTATIVE Portion of Land Conservation ) CANCELLATION Contract 22-74 (1936-RZ) ) (Gov.C. §51283.4) State of California ) ss CERTIFICATE County of Contra Costa ) I am the Clerk of the Board of Supervisors of the County. The Board by Resolution No. 84/696, adopted on November 27, 1984, granted tentative approval for cancellation of the portion of the land conservation contract between the County of Contra Costa and the below-named landowner applicable to the below-described real property. Name of Current Owner: Shapell Industries of Northern California P.O. Box 1169 Milpitas, California 95035 Name of Landowner Requesting Shapell Industries of Cancellation Nothern California This real property is described in Exhibit "A", attached hereto and incorporated herein by this reference. A Certificate of Cancellation of Contract will be issued and recorded at such time as the following conditions and contingencies are satisfied: (1) Payment in full of the cancellation fee due under Gov.C. $§51283 and 51283.1, which fee is $32,985.00 (portion of Contract 22-75). Unless said fee is paid within one year from the recording of this Certificate, or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowner's Notice of Satisfaction of Conditions and Contingencies (Gov.C. 551283.4(b)). - 1 - 00 3204 (2) The landowner shall obtain approval for a Planned Unit District preliminary development plan within one year of the date of tentative cancellation, with a possible one year extension at the discretion of the Board of Supervisors. I declare under penalty of perjury that the foregoing is true and correct. Dated: November 27 , 1984 , at Martinez, California. PHIL BATCHELOR, Clerk of the Board and County Administrator Kelly R. Calhoun Deputy 'CIO, � _ Z _ �� '11i111a7®/IIGIIlatO t Ti(ie Services FIRSI RATE SERVICE A7 A -AIR PRICE 1RAkSR1ERICA TITLE INSURANCE COMPANY 1821 MT. DIABLO BLVD KNOT CREEK, CALIFRRKIA 94597 x 413-935-8050 FOR ESCRUII SERVICE PLEASE CONTACT: SHAPELL INDUST. OF N. CA 100 NORTH MILPITAS BLVD. , . MILPITAS CA 95035 ATTN: JOHN MOORE TEL. NO. 408-946-155.0 04 COPIES c/o TA 01-14, 00 CCR i ESCROW NUMBER: ORDER NUMBER: 06-07-0070059 CLIENT 'S REFERENCE: GAL.E RANCH TITLE NUMBER: — - AMENDED NO. 2 PRELIMINARY REPORT IN RESPONSE TO THE ABODE REFERENCED APPLICATION FOR A POLICY OF TITLE INSU RCE, TRANSA1ERICA TITLE INSL^°.ANCE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A CUIFORUA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY OF TITLE INSURANCE DESCRIBI85 THE LARD AND THE ESTATE OR IN- TEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS MICH 11AY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCURRIANCE NOT SHORN OR REFERRED TO AS AN EXCEPTION BELON DR NOT EXCLUDED fTRDN CUVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIFIAATITDRS OF SAID POLICY FUM. THIS REPORT (AND ANY SUPPLEIENTS OR AMENDUEHTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUI D PRIM TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMIT1ENT SHOULD BE RERUESTED. DATED AS OF MARCH 15, 1962 at 7: 00 A.M. CAROL ALLEN (OFFICER) 00 326 aArF I ;1iIjF �raiisanierica Ain Titie Services ;. ,(��p.�,•, `-(may,.+. FIRST RATE SERVICE AT A I-AIR PRICE 06-07-0070059 The estate or Interest In the land described herein Is s: `Y• i FFEE SIMPLE ON THE DATE SNtilAN WK, TIE ESTATE OR INTEREST NffFERNED TO HEREIN IS VESTED IN: WESTERN TITLE INSURANCE COMPANY, A CORPORATION :`' The land referred to herein is situated in the State of CALIFORNIA , '. County of CONTRA COSTA , City of UNINCORPORATED ' and is described as follows: LOTS 43 AND 53, SHOWN ON THE MAP ENTITLED, "MAP OF A SUBDIVISION OF PLOT A OF THE DOUGHERTY RANCH, ALAMEDA AND CONTRA COSTA COUNTIES, ; CALIFORNIA, " FILED ON MAY 2, 1894, IN THE OFFICE OF THE COUNTY RECORDER ' OF SAID CONTRA COSTA COUNTY IN BOOK B OF MAPS, AT PAGE 45. .EXCEPTING THEREFROM: THE INTEREST CONVEYED TO .CONTRA COSTA COUNTY, BY DEED RECORDED FEBRUARY 6, 1936, BOOK 408, OFFICIAL RECORDS, PAGE 128o " FOR USE AS A PUBLIC HIGHWAY. 81 .. ASSESSOR 'S PARCEL NOS. : 206-040-001-3 (AFFECTS LOT 43); 206-060-001-5 (AFFECTS A NORTHERLY PORTION OF LOT 53)-206-060-002-3 (AFFECTS A SOUTHERLY PORTION OF LOT 53) ON TNNE DATE NEN W EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AM EXCLUSIONS CONTAINED IN SAID POLICP FORM 9110 BE AS FOLLINS: ITEM: A. TAXES, a lien, not yet due and payable. For Fiscal Year: 1982-83 00 327 PACE 2 � 569AMNJUNIBlo1 outs Title Services `-'-FIRST RATE SERVICE AT A FAIR PRICE 06-07-OO7OQ59 � ITEM: A. O1 , 'pCOUNTY TAXES, as follows: ":''l•For Fiscal Year: 1981-82 I ' , First Installment: $142. 82 DELINQUENT Penalty: $8. 56 ± ' `Second Installment: $142. 82 DUE Land Value: $23, 640. 00 Account No. : 206-040-001-3 Code Area No. : 66003 i ITEM: A. O2 THE ABOVE ITEM AFFECTS: LOT 43 ; ITEM: A.O3 . COUNTY TAXES, as follows: i - For Fiscal Year: 1981-82 j First Installment: $10.99 DELINQUENT Penalty: '6. 65 Second Installment: $10. 99 DUE Land Value: $1, 820. 00 Account No. : 217-060-001-5 Code Area No. : 66031 ITEM: A. O4 ., .THE ABOVE ITEM AFFECTS: A NORTHERLY PORTION OF LOT 53 1 ITEM: A. O5 COUNTY TAXES, as follows: For Fiscal Year: 1981-82 .; First Installment: $106. 81 DELINQUENT +� Penalty: $6. 40 Second Installment: $106.81 DUE Land Value: $17, 680. 00 Account No. : 217-060-002-3 Code Area No. : 66003 00 328 PACE 3 12 Titlee-Services FIASLRATE SERVICE AT A FAIR PRICE 06-07-0070059 ITEM: A. 06 - THE ABOVE ITEM AFFECTS: A SOUTHERLY PORTION OF LOT 53 ITEM: 1. PROVISION IN THE DECREE IN PARTITION IN THE MATTER OF THE ESTATE OF ELIZABETH A. . DOUGHERTY.- RECORDED MARCH 3, 1891, BOOK 59 DEEDS, PAGE 525, AS FOLLOWS: 'THAT THE ROADS SET APART AS PRIVATE ROADS BY SAID REFEREES BE .AND THE SAME SHALL HEREAFTER REMAIN FOREVER A PRIVATE WAY FOR USE OF THE• PARTIES TO THIS ACTION TO WHOM SAID LAND IS ALLOTTED THEIR HEIRS AND ASSIGNS. " ITEM: 2. ANY EASEMENT FOR WATER COURSE OVER THAT PORTION OF SAID PROPERTY WHICH LIES WITHIN THE LINES OF ALAMO CREEK AND TO ANY CHANGES IN THE BOUNDARY ,, ,LINES OF SAID CREEK (AS .IT NOW EXISTS) BY NATURAL CAUSES. ITEM: 3. ,:' EASEMENT, and incidents thereto, . Granted to: PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION Recorded, Official Records: MARCH 23, 1960 . Book/Reel: 3582 Page/Image: 320 . Series/Instrument No. : 18093 Purpose: TWO INDEPENDENT LINES OF TOWERS, WIRES, CABLES, FOUNDATIONS, FOOTINGS, CROSSARMS, INGRESS AND EGRESS - Affects: TRAVERSING A PORTION OF THE HEREIN DESCRIBED PROPERTY WITHIN =SLOT 43. ITEM: 3.01 THE RIGHT TO TRIM AND CUT DOWN AND CLEAR AWAY TREES AND BRUSH ON EITHER t SIDE OF SAID RIGHT OF WAY, AS PROVIDED FOR IN SAID GRANT OF EASEMENT. ITEM: 3. 02 And Recorded, Official Records: MARCH 23, 1960 Book/Reel: 35B2 . Page/Image: 325 Series/Instrument No. : 18095 00 320 PAGE 4 title Services {' - ,f,IASLRATE SERVICE AT A FAIR PRICE .06=07-0070059 ` ITEM: 4. :-..EASEMENT, and incidents thereto, Granted to: PACIFIC GAS AND ELECTRIC COMPANY Recorded, Official Records: JULY 7, 1967 i Book/Reel: 5405 i ' Page/Image: 498 Series/Instrument No. : 41413 Purpose: A LINE OF POLES, WIRES, CROSSARMS, GUYS, ANCHORS, INGRESS AND EGRESS •�; Affects: TRAVERSING A PORTION OF THE HEREIN DESCRIBED PROPERTY WITHIN � . LAT 43. i f ITEM: .4. 01 THE RIGHT TO TRIM AND CUT DOWN AND CLEAR AWAY TREES AND BRUSH ON EITHER SIDE OF SAID RIGHT OF WAY, AS PROVIDED FOR IN SAID GRANT, OF EASEMENT. l ITEM: 4. 02 ? And Recorded, Official Records: JULY 7, 1967 Book/Reel: 5405 Page/Image: 502 Series/Instrument No. : 41414 ITEM: 4. 03 And Recorded, Official Records: JULY 7, ' 1967 Book/Reel: 5405 Page/Image: 506 Series/Instrument No. : 41415 ITEM: 5. AGREEMENT on the terms and conditions contained therein. Purpose: LAND CONSERVATION CONTRACT Dated: JANUARY 30, 1975 Executed by: WILLIAM H. 4AL•E, JR. ET AL a, Recorded, Official Records: FEBRUARY 26, 1975 Book/Reel: 7440 Page/Image: 796 Series/Instrument No. : 15692 Location: AFFECTS THIS AND OTHER PROPERTY. 00 330 PAGE 5