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Home My WebLink AboutMINUTES - 09211999 - C235 Contra Costa TO: BOARD OF SUPERVISORS County FROM: DENNIS M. BARRY, AICD COMMUNITY ITY DEVELOPMENT DIRECTO DATE. September 21, 1999 SUBJECT: Request by Greenbriar Bel Aire Company to Authorize the Exchange of Development Rights and to Amend a Recorded Conservation Easement for the Stonebridge Estates Project, County File DP913003 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECQ1VME.NDATI'QN 1. Authorize the Chair to sign the grant deeds authorizing the exchange of development rights as Mated in the attached exhibit. 2. Approve the requested amendment to the recorded Conservation Easement. FISCAL IIi FACT None. The cost for processing the modification is borne by the applicant. BACK ROUNQ1REASCNS FOR RECOMMENDATIONS On November 9, 1993 the Board of Supervisors approved the Stonebridge Estates project, which included 51 homes and common open space areas. Condition of Approval #12 required the recording of a Conservation Easement, which prohibits the construction of structures within the easement. The Conservation Easement was recorded with the filing of the 'Final Map on August 1, 1995. On February 22, 1999, the County Zoning Administrator approved a modification to the final development plan for the Stonebridge Estates project, which included construction of a two to four foot high retaining wall and a lot line adjustment between an open space parcel and an adjacent homeowner. The modification allows the installation of an access road to allow maintenance of open space Parcel C. As part of the Zoning Administrator's decision, the applicant was rewired to request the County to remove development rights from that portion of open space Parcel C that was given to the adjacent homeowner and accept a grant deed of development rights over the maintenance access road being added to open space Pard C. The modification to the Conservation Easement would also allow the construction of the aforementioned retaining wall. The lot line exhibit included with this Board Order identifies the area to be exchanged and the location of the retaining wall. CONTINUED ON ,ATTACHMENT: x "SES SIGNATURE , _RECOMMENDATION OF MUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPRO tE OTHER SJGNATURE S ACTION OF BOARD CN September 21, 1999 APPROVEDA RECOMMENDED X OCHER MOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT�C�TiC � AND CORRECT COPY OF AN ACTION TAKEN AYES NOES: ANIS ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN- BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Debbie Charr:berlain(9261336-1213) ATTESTED September 21, 1999 cc: Community Development Department(CDD) PHIL BATCHELOR,CLERK OF Public works THE BOARD OF SUPERVISORS ANIS COUNTY ADMINISTRATOR :.. CCimp BY � ' -16�WkDEPUTY Prboard arders\DP913003 Escrow Io. : 7633000 EXH4�BIT "All All that real property situated in the unincorporated area of the County of Contra Costa, State ob California, described as follows: PARCEL A A portion of Subdivision. 76633, filed August 10, 1995, in Boom 381 of Maps, at page 36, in the office of the Contra Costa County recorder, further described as follows: Commencing at the most northerly corner of Lot. 19 of said Subdivision 7633 1,381 x! 36) ; thence alone the gest line of said Lot 19, south of Subdivision 7633 (381 M 36) South 290 45' 001, West, y3.S4 feet to the point of beginning of the herein description; thence North 79`" 40, 1311 West, 22.85 feet; thence South 290 161 49" West, 107.08 feet; thence South 40 03' 4611 West, 47.69 feet to a point in the west line of said Lot 19; thence North: 290 441 5711 East, 157.66 feet along sada west line to the point of beginning. Contra Casts TO: BOARD OF SUPERVISORS �o County FROM: DENNIS M. BARRY, AICD COMMUNITY DEVELOPMENT DIRECTOR DATE: September 21, 1999 SUBJECT: Request by Greenbriar Bel Aire Company to Authorize the Exchange of Development Rights and to Amend a Recorded Conservation Easement for the Stonebridge Estates Project, County Pile DP913003 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Authorize the Chair to sigh the grant deeds authorizing the exchange of development rights as stated in the attached exhibit. 2. Approve the requested amendment to the recorded Conservation Easement. EiaCAL IMEA.CT None. The cost for processing the modification is borne by the applicant. BACKGRC UNQ1} ONS FOR RECOMMENDATIONS On November 9; 1993, the Board of Supervisors approved the Stonebridge Estates project,which included 51 homes and common open space areas. Condition of Approval #12 required the recording of a Conservation Easement, which prohibits the construction of structures within the easement. The Conservation Easement was recorded with the €fling of the Final Map on August 1, 1995. On February 22, 1999, the County Zoning Administrator approved a modification to the firal development plan for'he Stonebridge Estates project, which included construction of a two to four foot high retaining wall and a lot line adjustment between an aspen space parcel and an adjacent homeowner. The modification allows the installation of an access road to alloys maintenance of open space Parcel C. As part of the Zoning Administrator`s decision,the applicant was required to request the County to remove development rights from that portion of open space Parcel C that was given to the adjacent homeowner and accept a grant deed of development rights over the maintenance access road being added to open space Parcel C. The modification to the Conservation Easement would also allow the construction of the aforementioned retaining wall. The lot line exhibit inclined with this Board Order identifies the area to be exchanged and the location of the retaining wall. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER. SIGNATURE{SJ: ACTION OF BOARD ON APPROVED AS RECOMMENDED —OTHER— VOTE THER—VOTE OF$UPERViSORS I HEREBY CERTIFY THAT THIS IS A TRUE _UNANIMOUS(ASSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES. NOES; AND ENTERED ON THE MINUTES OF THE ABSENT:-ABSTAIN:- BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Debbie Chafterlain(925/-336-1213) ATTESTED cc: Commur*Davaiopment Department(CDO) PHIL BATCHELOR,CLERK OF PUNIC wake THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR DC/mp BY DEPUTY H:board orders10PSI 3003 07/15/99 17.08 22510 935 9399 . FINANCIAL TITLE Z002/013 FECO�DNG REOMWED BY. FINANCIAL TITLE COMPANY AND WHEN RECORDED,MAIL TO: Stonebridge Estates Homeowners Assn THIS SPACE FOR RECCRCEWS USE 014LY T DEED ASSESSORS PARCEL NO.: The undersigned Grantor(s) declare that the DOCUMENT TRANSFER TAX IS. TITLE ORDER NO.: $ 0.00 County $ city ESCROW NO.: KA°THYL-KL — computed can the Ball value of the interest of property conveyed, or xx computed can the full value less the value of luras or encumbrances remaining thereon at the time of sale_ OR transfer is EXEMPT from tax for the following reason: FOR A VA1-ABLE CONSIDERATION,receipt of which is hereby acknowledged, LAWRENCE JON BORNEMAN ANIS KIM MARIE BORNEMAN, husband and wife hereby GRANT(S) to STONEBRIDGE EST'AT'ES HOMEOWNERS ASSOCIATION all that real property situated in the unincorporated area of the County of Contra Costa, State of California, described as: FOR LEGAL DESCRIPTION, SEE EXHIBIT"A„ ATTACHED HERETO AND MADE A PART HEREOF. Dated July 15, 1999 STATE Of CALIFORNIA, COUNTY OF Lawrence Torr Borneman ON betre me Notary Publte, personally seared ICim Marie Sornernan fix' k. to rw(or proved to me on the basis of satlsfamry evidence) to be ft^ n(s)whm n (s)isdare subscribed to the within instr went and ax ,lged to me that he/shafthey executed the same to his/h€rAheir auntorked Capactty(ies), and that.by histo Ahebr signaturs(s) on the instrument the rson(s). or the entity upon behalf of which the persor;(s)acted, executed the instrument, WITNESS nrsy hand and official sea;. Sigrmtum MAIL TAX STATEMENTS TO: (This area for oftat notary seat) as shown above 07/15/99 1.7:05 x"510 935 9399 FINANCIAL TITLE [ZI003/013 Escrow No. : 7633000-.XL E)MRLT_'"AV1 A1.1 that real property situated in the unincorporated area of the County of Contra Costa, State of California, described as follows: PARCEL Sa A portion of Lot 19 of Subdivision 7533, filed August 10, 1995, in Book 381 of maps at page 36, in the office of the Contra Costa County recorder, farther described as follows: Beginning at the most northerly corner of said loot 19 of said Subdivision 7633 $381 M 36? thence from said point of beginning along the north line of said Lot 19 South 57', 43' 5701 East, 186.33 feet to an angle point, in the north line of said Lot 19; thence South 3.5'a 38, 2111 East, 22.97 feet; thence South 70do 43' 3418 West, 12.56 feet; thence North 17® 07' 278: West, 17.79 feet; thence North 57°" 471 05" ablest, IS a..46 feet; thence North 29 4.5' 00" East" 13.84 feet to the point of beginning. ................................... 67/15/89 17:08 X516 935 9399 FINANCIAL 'TITLE Z004/013fry sy mr A.46V Lv ev s> Spsay ba.e aawd —r -----ar---av-----sears 4atws o aei®m. vvr Ks ge+m+ae+ 2 04 Opp®®gp4��6)lbw 47.69 �url�s R lit 4 2u N-79'40' 1 3"W New N?qm '• 13a11 a gild Collin a 4�� 17'07 7"W 1 7� 17./ ° f 70®434344,WY 1 2d 22.97 BELLE ` • } .j��}}��}} ��MaX �qq $a 1998 ag °• • FILE dRVt 6l L6r�0��5�� SHEET i �� i CIVIL ENGINEERING—LAND PLANNING—LAND SURVEYING i2290 €DIAMOND BLVD., SUITE 100 CONCORD CA. 94520 EXHIBIT B ............. 07/15/99 17:45 12510 935 9399 FINANCIAL: TITLE 1�t3ffi�/f113 RECORDM MUESTED BY. FINMOLAL TITLE COMPANY AND WHEN RECORDED,&WL To: Lawrence Jon Eornernan 320 Nlatchern Court Alamo, CSA 94507 THIS SPACE FOR RECORDER'S USE ONLY T IDE E LD' ASSESSOR'S PARCEL NO.: The undersigned Grantor(s) declare that the DOCUMENT TRANSFER TAX IS: TME ORDER NO.: O.OD County $ city ESCROW NO.: KATHYL-KL _, computed on the full value of the interest of property conveyed, or computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. _ OR transfer is EXEMPT from tax for the following reason: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, STONEl3RI®GE ESTATES HOMEOWNERS ASSOCIATION hereby GRANT(S) to LAWRENCE JON l3ORNEMAN AND KIM MARIE BORNEMAN, husband and wife as joint tenants all that real property situated in the unincorporated area of the County of Contra Costa, State of California, described as, FOR LEGAL DESCRIPTION, SEE EXHIBIT "A„ATTACHED HERETO AND MADE A PART HEREOF, Dated July 15, 1999 STATE OF CALIFORNIA, STONESRIDGE ESTATES HOMEOWNERS COUNTY OF ASSOCIATION ON befmre me - - Notaty PuWi; personally appeared BY pessonai<'y known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)Is/are subscribed to the within Instrument and a*=viedged to me that heisheithey executed the some in hWharlthsir admited city(ies), and that by hislherttheir signature($) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumerlL W€MESS my hand and official seal. signature MAIL TAX STATEMENTS TO: (This area for official notary seal) as shown above ... ..... ... ..... .. . . 07/15/99 17:09 %2510 935 9399 FINANCIAL TITLE Z006/013 Escrow No. - 7633000 EXHIBIT -A- All that real property situated in the unincorporated area of the County of Contra. Costa, State of California, described as follows PARCEL A A portion of Subdivision 7633, filed August 10, 3995, in Book 383 of Maps, at page 36, in the office of the Contra Costa County recorder, further described as follows: Coat en=ng at the most northerly corner of Lot 19 of said Subdivisions 7633 (361 N 36) ; thence along the gest line of said Lot 19, south of Subdivision 7633 (391 M4 36) South 29`0 4a' Oon West, 13.84 feet to the point of beginning of the herein description; thence North 790 40' 13" West, 22.95 feet; thence South 290 16' 49" West, 107.09 feet; thence South 4® 03, 4611 Fest, 47.69 feet to a point in the west 'large of said Trot 19; thence North 290 44' 9791 East, 157.66 feet along sa.ic3 west 'line to the point of beginning. 07/15/99 17:09 1&510 935 9399 FINANCIAL TITLE 007/013 .b.��, ®� �;�•�� ZA. ;90�✓ &tld dd 614p <s —m —<O -----M—T-Y'4--dwd-0 !p�Y d.Yiss 2m �mYrb. ay be/V qFp Y!d QV03 46 N-79-40 I r old Lotli e Ale' Nil®07 7"* 17. 570-43-34"W ,° 1 2.5 .St5'38'21"lE 22e97® 'BELLECCI & ASSOCIATES INC. DATE: May ��1pp .pu�$1998 �q.�C�pAeypLE: 1° � +40` CIVIL ENGINEERING— D PLANNING—LAND SURVEYING FILE P$•$_ (510) 583®4559 2291) DIAMOND OLVO.a SWE 100 CO CRO CA. 9452 .... .................. 97/15/99 17:09 0514 935 9399 FINANCIAL 'TI'TLE l�d!(38/ZI13 RECOROM REQUESTED BY' FINANCIAL TITLE COMPANY AND -=N RECORDED,MAIL TO: Lawrence Jori Bomeman 320 Matchern Court Alamo, CA 94507 MHIS SPACE FOR RECORDER'S USE ONLY GRANT OF EASEMENT ASSESSOR'S PARCEL No.: The undersigned Grantor(s) declare that the DOCUMENT TRANSFER TAX IS: TITLE ORDER NO., $ 0.00 County $ City scRow Pito.: €CATHYL-KL — computed on the full value of the interest of property conveyed, or xx computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. _ OR transfer is EXEMPT from tax for the following reason: FOR A VALUABLE CONSICERATIO , receipt of which is hereby acknowledged, STONEBRI®CE ESTATES HOMEOWNERS ASSOCIATION hereby GRANT(S) to COUNTY OF CONTRA COSTA all that real property situated in the unincorporated area of the County of Contra Costa, State of California, described as: A*Scenic Easement'over that portion described as Exhibit"N'attached hereto and made a part hereof,for the permanent preservation of visual open space. The easement area is a restricted development area. Bated July 15, 1999 STATE of CALIFORNIA, STONEBRIDGE ESTATES HOMEOWNERS COUNTY OF ASSOCIATION OPS ,before by Notary Pub&, personally appeared BY kmmn to a (or proved to its on the basis of sahs#actory evidence) to to de person(s)whose narne(s)Ware subscribed to the wit*.instrument and a&jjowS ed to rhe the, helshalthey executed the Sarre In his/her#their authorized caty(ies), and that by hWher/their signaturs(s) on ttse Instrument the persorr(s), or.he antity upon behalf of whi a the person(s) aced, executed the Instrurm nt. WITNESS rr<y hand and official seal. Signature MAIL TAX STATEMENTS TO: (This area for official notes'+ sea)) as shown above _ _ ....................... 07/35/99 17:09 x°510 935 9389 FINANCIAL 'TITLE E3a8/t3�3 Esvrow No. : 7633000-SQL MM.IBIT RA°0 All that real property situated in the unincorporated area of the County of Contra Costa, State of Califo=ia, described as follows: PARCEL. B: A portion of Lot 19 Of Subdivision 7533, filed August io, 1995, in Book 381 of %laps at page 36, in the office of the Contra Costa County recorder, further described as follows: Beginning at the most northerly corner of said Lot 19 of said Subdivision 7633 (381 V1 36) ; thence from said point of beginning along the north luxe of said Loot 19 South 57� 43, 571, East, 156.33 feet to an angle pout in the north line of said Lot 19; thence South IS" 36, 2111 East, 22.97 feet; thence South 70'& 43, 34n West, 12.56 .feet; thence North 17" 071 2700 West, 67.78 feet; thence North 570 471 OS 11 West, 181.46 feet; thence North 29`0 45' 00 11 East, 13.84 feet to the point of begiaxxing. _. .................................... .......... 07/15/99 17;10 esio 935 9399 FINANCIAL, TITLE1�919/E313 +�ws♦a ids .a d' t f9bs a stl�a✓ i°a9> mam Pm mOz---- -----°' - -- ®sroar m csm wvms .w a.°m of ayy,�.. s ®eoe o a 04003'416-E New 4' vc, co cr Af- Nil 7'07y7 11W 1° 17. 12e� 22.971 BELLEM & ASSOCIATES IN6. DALE: MaX p8. 1998 SCALE: 1°° 40' FILE NO., Lot 19t.6wg SKEET i OF i :CIVIL ENGINEERING—LAND PLANNINC—LAND SURVEYING 2290 DIAMOND BLVD, SUITE 100 CONCORD CA. 94520 EXHIBIT B ...................... ................................................................................... ............................................. 07/15/09 17:10 IT510 935 9399 FINANCIAL TITLE Z011/013 RS M SUES BY- Fmanciel T Me Company AND MEN RECORDED,te+PAtL TO: Lawrence Jon Bomeman 320 Matchern Court Alaimo, Cly 94607 TMS SPA09 FOR A9001WEWS USE ONLY ASSESSOKs PARCEL No.: The undersigned Grantor(s)declare that the DOCUMENT TRANSFER TAX IS: TSE ORDER No., $ County $ City mRow No.: K,Tt'YL-KL i computed on the full value of the interest of property conveyed, or xx computed on the full value less the valine or hens or encumbrances remaining thereon at the time of sale. ® OR transer is EXEMPT from tax for the following reason: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY OF CONTRA COSTA hereby REMISES, RELIES and QUITCLAIMS to LAWRENCE JON EORNEMAN AND KJM MARIE SORNEMAN, husband and wife as joint tenants all that real property situated in the unincorporated area of the County of Contra Costa, State of California, described as: The purpose of this deed is to terminate any and all interest in the "Scenic Easement" as created on the map over the property described in Exhibit HK attached hereto and made a part hereof. Dated July 15, A999 STATE of CALIFORNIA, COUNTY OF CONTRA COSTA Cot1N-fy OF ON before me —-- - - , Notary Public, personally appeared personalty known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/see subscribed to ft within instrument and ad(nowkdqed to me that t aishelttsey executed the sante in histhenkheir aaftrized capacity(lets), and that by hls,herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) aid, executed the Instrument. WITNESS my hand and official seal. Signature MAIL TAX STATEMENTS TO: (This area fct°ofIcial notary seal) as shown above ................................................ _ __... ....................................................... .................................................................................... .................................................. 07/15/99 17°10 IV510 935 9359 FINANCIAL TITLE �01�/013 Zzcrow No. : 7633000 2 that real property situated in the %unincorporated area of the County of Contra costa, State of C°.alifo=ia, described as follows: PARCEL A A portion of 6'ubdivisicq'i 7633, filed August 10, 199,5, in Book 381 of Maps, at page 36, in the office of the Contra costa County recorder, farther described as follows Commencing at the most -northerly corner of Lot 19 of said Subdivision 7633 (381 M 36) ; thence along the Joest line of said Lot 19, south of 9ubdIvision 7633 (381 M 36) South 290 4-51 0088 Fest, 1-3,94 feet to the point of beginning of the herein description; thence North. 750 40' 1311 West, 22.95 feet; thence South 29'0 26, 49f0 West, 107.09 feet; thence South 4* 03' 4611 West, 47.69 feet to a point in the west lime of said Lot 1.9; thence North 2910 44' 5711 East, 157.66 feet along said nest line to the point of beginning. 07/15/99 17:10 Oslo 935 9399 FINANCIAL TITLE �t113/d�13 044�03- 47.6 9 e tl I ce/ u q, >--�- 0 N-7 9-40"1 tot co g 22.859 eo to Lottime New 3084, Ott, Ater �A> N 1 17. ,f S70"43°34"WAM e S1 5-38"21"E 22,970 # 3 , b a a Ma 1 , 1998 SCALE: 7'" n 40" ,BELLECCItLE NO.; Lot 19tdwg i SHEETI OF t 11CIVIL ENGINEERING—LAN 3 PLANNING—LAND SURVEYING 1'2290 DIAMOIQ BLVD,�SUITE 100 CONCORD CA. 94520 nNoth lot T I T L E C 0 M ? A N `! 1333 N. California Blvd., Suite 100 Walnut Creek, CA 94596 (925) 935-3500 * FAX (925) 935-9399 September 21, 1999 Contra Costa County Community Development Dept 651 Pine Street, N.Wing-2nd Fl Martinez, CA 94553 Attn: Debbie Chamberlain RE: Stonebridge Estates Dear Debbie: Enclosed please find the grant deed that needs to be signed by the County and a copy of the deed to the County that needs to be accepted. please do what is necessary to complete and return to the attention of the undersigned. if you would call me capon. completion, 1 will arrange for a pica up of same. 3f you have any ,questions, please don't hesitate to call. Very truly yours, Kathy Lozano , Chief Escrow Officer kl enclosures + a l'