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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-555 Recorded at the request.of- Contra Costa County Board of Supervisors Return to: Public;Works Department Engineering Services Division THE BOARD OF SUPERVISORSOFCONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13, 2045, by the following voter AYES: Gioia,Piepho,DeSaulnier,Glover:and L3 lkema NOES: None ABSENT: None ABSTAIN: None RE 0 /'�`� SUBJECT: Accepting Grant Deed of Development Rights'(Creek'=Structure Setback),for LP 02-02058 (cross- reference MS 77-00244),being developed by Gan Shalom, Inc., Martinez area. (District Il) IT IS BY THE BOARD RESOLVED that the fallowing instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE:; GRANTOR:: AREA: DISTRICT: Grant Deed of LP 02-02058 Gan Shalom, Inc. Martinez II Development Rights Exhibits A and B (Creek Structure Setback) (cross-reference MS 77-00244) APN 365-.010-00$ I hereby certify that this is a true:and correct copy of an action talon and entered on the minutes of the Board of Supervisors on the date shown. Ax:rm 0:1GrpBatalEngSvc1E012005149-13U..P 02-02058 BO-27.doc ..,������ ��� Originator: Public Works(ES) ATTESTED: Contam,S.Gospodchikov(313-2316) JOHN SWEETE , Clerk of the Board of Supervisors and Recording to be completed by COB County Administrator Current Planning,Community Development Gan Shalom,Inc. 3315 Stagecoach Drive Lafayette,CA 94549 By , Deputy RESOLUTION NO.2005/ '` ` Recorded at the request of: Contra costa County CONTRA COSTA Co Recorder office Bard of'Supervisors STEM L. UV Clerk-Recorder Return o: DOC— 00 "-0351 102 00 Public Works Department 2 Engineering Services Division Wednesday, SEP 14, '2005 15:15:40 Records Section PRE $0.00 ki Area. iylt�tx+'1'i eL Vis— TtI P $1,06 Nbr-ON28 8297 su"Wa. tiP 02:-z0ag 1 roc/R9/1 7 APN: r '- L07 IV-bog GRANT DEED OF DEVELOPMENT RIGHTS To meet condition(s) of approval number L4 57 , of rr ' 'e Z- o tP 8 , Uwe, (Owner(s))hereby grant(s)to the County of Contra Costa, a political subdivision of the State of California '(Grantee) and governmental successor or successors of said county, the future development rights, as defined herein below, over a portion of that real property known as Rwek 13 of Subdivision s2 - ,situated inthe County of Contra Costa, State of California and more particularly described in Exhibits"A"a-v,..11.+ Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area."The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property. in the event of a disapproval of proposed construction by Grantee, or successor, said proposed construction shall not be performed. Grantee,or successor,may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor,may deem appropriate. or owners of all or any portion of said property d�eta'dev evelop any improvement requiring the appro ee or successor a 1 submit to such entity a written.proposal describing the nature, extent and to fiorl o s ent_ Grantee, or successor, shall have � sixty(60) days from rete' such proposal in which to grantappro'; royal. Failure by Grantee, or s or, to respond in said time period shall be equivalent to the appro such pro The undersigned executed thisinstrument on - 0 }` ( ata) 91 f y (Print turn¢and title.) kms_,,. M + (Signature) (Pau name and title.) See'attached not' �C�✓✓'- I Cr.W"D""ngSvc6.ea\rorm ReviftonslbE•t'aix tD:lad Rev.Qcwba 9.2001 CALIFORNIA ALL-PURPOSE"ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OFi � } SS. On before me, the undersigned, a Notary Public in and for said State personally appeared 'W'ar::- Nam �J Y e( of Signer( ❑ Personally known to me OR roved to me on the basis of satis€acto evidence to be the person whose: names)&y a subscribed to the wlthm �instrument and fcknowiedged to me that Ith 'r executed the same in t author€zed ca acit t p Y{' ), ,and that by is gtlt �r signature{}`un the strument the person), or the JA V0* A.FRANYI-IN entity up6n behalf of which the person( acted, d COMM.#1367 It executed the instrument. NOTARY 1 USUC*UF A CONTRA COSTA COMM +Gdr n rr "=.16,' W=e . and Anoffffi al. 4 Sign re of o 'ry J'q Vb At n 4VOL-4-�1 - (Area above for official notarial seat) Name(Typed or Printed) Capacity Claimed by Signer Description of!Attached:Document ® Individual(s) (Although this information is optional, it could prevent fraudulent C at O Icer ) -Tit# attachment of this certificate to another document:') This certificate is for attachment to the document described below. T' or type of document © Partner(s) i J � © Attorney-in-Fact -, E3 ""'Trustee(s) D Guardian/Conservator um of pages E3 Other: date of document Signer(s)-other than named above Signer is Representing: Name of person(s) or Entty(ies) SAVA 91 A(7/98) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California>> ss. County of Alameda On July 8, 2005, before me, L. Quaintance, 'Notary Public, personally appeared Jared A. Goldin, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorizedcapacity, and that by his signature on the instrument, the entity upon=behalf'of which the person acted, executed the instrument. y sau�lvTtC.'&E WITNESS my hand and official seal. Commission# 1392629 Notary Public-calltomlo Alameda county ,MComm.fxpk*&Jon 311.2W7 ` L. uaintan , Notary Public Though the information below is not required by law it may drove valuable to persons relying on the document and could prevent haudulent removal and reattachment of this form to another document- Description ocumentDescription of Attached Document Title or Type of Document: Grant Deed of Development Rights - Creek'Structure Setback (Bear Creek Road APN365-010-008) Document Date: June''16, 2005 Number of Pages: Three (3) (1 page with 2 loose acknowledgments) Signer(s) Other Than Named Above: Frank M. Winer Capacity(ies) Claimed by Signer(s) Signer's Name: Jared A. Goldin Signer's Names ❑ Individual ❑ Individual Corporate'Officer: ❑ Corporate Officer: Secretary ❑ Partner: ❑''Limited C1 General ❑ Partner:' 3 Limited o General ❑ Attomey-in-Fact El Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑' Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Gan Shalom, Inc. EXHIBIT"N' GRANT DEED OF DEVELOPMENT RIGHTS "CREEK STRUCTURE SETBACK" A PORTION OF PARCEL"B", AS SAID PARCEL IS SHOWN ON THE MAP OF SUBDIVISION MS 244- 77, FILED IN BOOK 80 OF PARCEL MAPS AT PAGE 35, CONTRA COSTA COUNTY RECORDS STATE OF CALIFORNIA,AS SAID PARCEL"B"WAS ADJUSTED PER LOT LINE ADJUSTMENT RECORDED IN SERIES NUMBER 2001-334473, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THE LINE LABELED AS: (N 341,59'51"W 380.02'); SAID LINE BEING ON THE NORTHEASTERLY LINE'OF SAID PARCEL"B"(80 PM 35)(2001-3344773); THENCE ALONG THE EXTERIOR LINE OF SAID PARCEL SOUTH 34059'51" EAST 380.02 FEET; THENCE SOUTH 44048'04"EAST 407.30 FEET;THENCE SOUTH 69°45'11"EAST 130.04 FEET; THENCE SOUTH 45°07'39"EAST 247.39 FEET;THENCE SOUTH 10114'12" EAST 50.28 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 500.00 FEET;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 53.18 FEET THROUGH A CENTRAL ANGLEOF 06005'39" THENCE LEAVING THE NORTH LINE OF SAID PARCEL "B"(80 PM 35)(2001-334473) SOUTH 73°40'09"WEST 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 95.29 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 161.99 FEET THROUGH A CENTRAL ANGLE OF 97024'02"TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE SOUTH,'HAVING A RADIUS OF 100.00 FEET,A RADIAL LINE TO THE BEGINNING OF SAID REVERSE CURVE BEARS NORTH 81004'11" EAST;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 134.86 FEET THROUGH A CENTRAL ANGLE OF 77016'47";TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 140.37 FEET;A RADIAL LINE TO THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 03048'04"WEST;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 75.80 FEET THROUGH A CENTRAL ANGLE OF 30056'20';THENCE NORTH 55°15`36"WEST 130.00 FEET;THENCE NORTH 46°37'35"WEST 440.00 FEET;THENCE NORTH 40°29'58"WEST 140.00 FEET;THENCE NORTH 30°35'33"WEST 194.17 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A'RADIUS OF 100.00 FEET;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 102.96 FEET THROUGH A CENTRAL ANGLE OF 581,59'24"; THENCE NORTH 28023'51"EAST 31.61 FEET TO THE NORTH LINE OF SAID'PARCEL"B" (80 PM 35) (2001-334473);THENCE ALONG SAID NORTH LINE SOUTH 61036'09" EAST 35.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 478.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 43.89 FEET THROUGH A CENTRAL ANGLE OF 05°15'40"TO THE POINT OF BEGINNING. CONTAINING AN`AREA;OF 3.17 ACRES MORE OR LESS. EXHIBIT 'B' ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE'WITH THE PROFESSIONAL LAND SURVEYORS ACT. N D sU�4'y 0. 7283 OFC ` � EXHIBIT CREEK STRUCTURE SETBACK SCALE: 1"==150' N26'23'51"-E 31.61' L1=58`59'24" R=100.(30' L=102.86' .I"b Nfi1 6'0�'W .00 PARCEL S (POR) (80 PM 3 5) '/' vti (2001 -334473) R=478.00'0 GAN SHALOM, INC "54'x, L=43.69. 365-010--DO5 (POR) C'` R=14€3.37• y� /,�,. L=75:80, «� h303'46'04"E R d=77"16`07" R=10(3.00` L=134:86' N61"04'11"E R A=97'24'02" '1•° R=95.29' L-161.99 N10*14'12'W LEGEM 50.28' &=06.05'39" (R) RADIAL R=500.00' L-53.18' P.O.B. POINT OF BEGINNING F:\DCA-DWG\011049\SURVEY\0149CREEK.DWG 01-1049-20