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HomeMy WebLinkAboutMINUTES - 08172004 - C9 TO: BOARD OF SUPERVISORS L✓. FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: August 17, 2004 SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback),Martinez/Vine Hill area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S}: Adopt Resolution No. 2004/ 440 for DP 03-03020, accepting Grant Deed of Development Rights (Creek Structure Setback),project being developed by Shurgard Storage Centers,Inc.,Martinez/Vine Hill area. (District][1) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Required by Conditions of Approval numbers 10 and 34 for DP 03-03020. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: SIGNATURE: .—RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ­ PPROVE _,=.QTHER SI NATURES : ACTION OF BO ON A1191ST 17 200 APPROVED AS RECOMMENDED xx OTHER rd I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT DISTRICL' I ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED:__ AUGUST 17, 2004 J'''OHN SWEETEN, Clerk of the Board of Supervisors and G:\GrpDatai£ngSvcl$©\2oo4\os-17-040P 3020 so-27 order.doc County Administrator Orig.Div., Public Works(ES) Contact: Frank Navarro(313-2264) Recording to be completed by CGS cc: Current Planning,Community Developomt By , Deputy Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 2004,by the following vote: AYES: SUPERVISORS UILKEYiA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPERVISOR JOHN GIOIA ABSTAIN: NONE RESOLUTION NO. 2004/ 440 SUBJECT: Acceptance of Grant Deed of Development Rights (Creek Structure Setback), for Subdivision DP 03-03020,being developed by Shurgard Storage Centers,Inc.,Martinez/Vine Hill area.(District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of DP 03-03020 Shurgard Storage Martinez/ II Development Rights Centers, Inc., Vine Hill (Creek Structure Setback) a Washington Corporation I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. KD:rm G:\GrpData\EngSvc\BO\2004\08-I7-04\DA 03-03020 BO-27.doc Originator: Publio Works(ES) ATTESTED: AUGUST 17, 2004 Contact:F.Navarro(313-2264) Recording to be completed by COB JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Current PIanning,Community Development County Administrator Public Works,ES—K.Dahl Shurgard Storage P.O.Box 900933 Seattle,WA 98109 By ,Deputy RESOLUTION NO.2004/ 440 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder contmcosta county DISC-- 2004-0331006--0$ Burd of Supervisors Rdturu to: Thursday, AUG 26, 2004 08:41:01 Public Warks Department FRE $0.00 aWneering Services Division Tt l Pd $0.00 Nbr-0002306796 Area. Pacheco Ire/RS/1-6 Development Number. DP 033020 APN.: 161-240-003 GRANT DEET} OF DEVELOPMENT RIGHTS Greek Structure Setback) To meet' condition of approval numbers 10 and 45, of DP033020, we, Shurgard Stora e Centers, Inc., a WashinELon corporation (Owners), hereby grant 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 Assessor Parcel Number 161-240003 of DP033020, situated in the County of Contra Costa, State of California and more particularly described in Exhibit "A" and as shown on Exhibit"B" attached. hereto. 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 (Creek Structure Setback)." 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. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee,or successor,herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor, shall have sixty(60) days from receipt of such proposal in which to grant approval or disapproval. Failure by Grantee, or successor, to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on s{ (Oslo). Shurgard Storage Centers, Inc., a Washington corporation By: Its: .1e_ . iLam. urrellf l ec., Bv: _� Its: : - (See attached notary) rfc,e . G.\CngUata4lingStcl2,sarinlprojectsl£7P 342(43\DB-t.doC LS;mi STATE OF WASHINGTON ) ss. COUNTY OF KING ) On July 7'-;',2004, before me, the undersigned Notary Pu Inic, Ysonally apps ed �I t er-k as 5� CuMve r�. �& and �� H-. McKku as 5 � ' i dSecmkNof Shurgard Storage Centers, Inc., a Washington corporation personall nown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s),Ware subscribed to the within instrument and acknowledged to me that h444e/they executed the same in /their authorized capacity(ies), and that by ssr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. �ti��11fiIItill, NE{iE��i�tJ ON . '%OTARY No Pub c r ,�,, j° ��'►�' r , ,i ti tl!llilii{ Ms BRFMay 3, 2004 BKF Project No.20025144-20 ENGINEERS GRANT DEED OF DEVELOPMENT RIGHTS TO CONTRA COSTA COUNTY PLANNERS (CREED STRUCTURE SETBACK) PLANNERS All that certain real property situate in the unincorporated area of the County of Contra Costa, State of California, and described as follows: BEING a portion of the lands described in the Grant Deed to Shurgard Storage Centers, Inc., recorded October 8, 2003, as Series Number 2003-0503305-00, Contra Costa County Records,being more particularly described as follows: BEGINNING at the most southwesterly corner of said lands; THENCE northerly along the westerly line of said lands North 13057'16" East 66.61 feet; THENCE leaving said westerly line North 87006'36" East 42.50 feet; THENCE North 70039'03" East 76.60 feet; THENCE North 7305846" East 65.08 feet; THENCE North 87037'30" East 49.43 feet; THENCE North 80057'31" East 35.35 feet to the easterly line of said lands; THENCE southerly along said easterly line South 00029'50" West 47.76 feet to the southerly line of said lands; THENCE along said southerly line the following four (4) courses: 1) South 80°14'50" ®Vest 58.57 feet; 2) South 73°58'50" West 80.45 feet; 3) South 72°21'50" West 70.51 feet; 4) South 77035'50" West 76.77 feet to the POINT OF BEGINNING. Containing an area of 14,862 square feet, more or less. The bearing North 63°00'10" West on the monument line of Pacheco Boulevard as shown on that certain map entitled "Record of ,Survey, RS 2346", filed December 23, 1998, in Book 114 of Licensed Surveyor Maps at Page 50, in the Office of the Recorder of Contra Costa County, was used as the Basis of Bearings for this description. A plat showing the above described dedication is attached hereto and made a part hereof as Exhibit"B". This descripti as en prepared from record data for BKF Engineers. By: Barry Williams,P.L.S. No. 6711 License Expires: 06/30/04 Dated: /b�! Mar.X111 0 k:\main\20035102120035102-50\descriptionslcounty ded dese.doc lj��� 4 �, �r QF CALt Exhibit"A" Page 1 of 1 GRAPHIC SCALE ` (s` � { IN FEET } � D�aq s'D`cd 4o 1 inch 100 feet + �,,Fbl �YqY R! U� PARCEL B � X r t� '� y ;4/'D 122 PM 19 • � v CU 7^ £A Ce U) tL iC} PARCEL A -' 122 PM 19 O SHURGARD p LOT 1 STORAGE SHURGARD CENTERS, INC INSTITUTIONAL 2003-503305 D.R. �0 FUND LP 11 C) LOT LOT 14 93-360121 O.R. C) C, LOT 15 i ('V N80'57'31"E 35.35' vh oy LOT 16 N87037'30"E c5'a' N87°06'36"E ,03M boe 49.43' 42.50' i LOT 17 rS80°14'50"W cc l '18�7.•r-''"+"" y 58 58.57' 5"17°3 5d W OFFER OF PARCEL 3 LOT 13 POINT OF DEDICATION SUIT MS 26--84 BEGINNING 14,862 SFf 112 PM 14 EQUILON ENTERPRISES LLC 99—D97139 O.R. A. T. & S. F. R. R. COUNTY OF CONTRA COSTA, CALIFORNIA EXHIBIT "B" Subject PLAT TO ACCOMPANY 2737 N. MAIN STREET, STE 200 GRANT DEED OF DEVELOPMENT RIGHTS B k F WALNUT CREEK, CA 94597 A (925) 940-2200 Job No. 20025144 mirkF FAX: (925) 940-2299 By MLM Date W 03104 Chkd.$TW Erns i vra tfiuwre�s SHEET 1 OF 1