HomeMy WebLinkAboutMINUTES - 09132005 - C12 ` TO: BOARDOFSUPERVISORS ,
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: September 13, 2005
SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for LP 02-02068
(cross-reference MS 77-00244),being developed by Gan Shalom, Inc.,Martinez area. (District
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/%50006%6 for LP 02-02068 (cross-reference MS 77-00244), accepting Grant Deed of
Development Rights (Creek Structure Setback), for project being developed by Gan Shalom, Inc.,Martinez area.
(District II)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Grant Deed of Development Rights(Creek Structure Setback)is required to satisfy Condition of Approval number
45.
CONSEQUENCES OF NEGATIVE ACTION:
This Grant Deed of Development Rights will not be recorded.
Continued on Attachment: SIGNATURE: 00)
/
COMMENDATION OF COUNTY ADMINI R
RECOMMENDATION OF BOARD COMMITTEE
�,AfPROVE OTHER
(7�
SIGNATURES
ACTION OF BO ON A' APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS �� minutes of the Board of Supervisors on the
UNANIMOUS(ABSENT
date shown.
AYES: NOES:
ABSENT: ABSTAIN:
AH:r,,, ATTESTED:
G:\GrpData\EngSvc\B0\2005\09-13\LP 02-02068 BO-27.doc JOHN SWEETEN, Clerk of the Board of
Originator: Public Works(ES) Supervisors and County Administrator
Contact:S.Gospodchikov(313-2316)
cc: Current Planning,Community Development
Gan Shalom,Inc.
3315 Stagecoach Drive
Lafayette,CA 94549 By ,Deputy
ilii iii iii i i
Recorded at the request of:
Contra Costa County II
CONTRA COSTA Co Recorder Office
Board of Supervisors STEPHEN L. WEIR Clerk-Recorder
Return to:
Public Works Department DOC� 200 —035 11 02 00
Engineering Services Division Wednesday, SEP 14 2005 a 15's — �
Records Section FRE $0.00 a__w4@
Area: P1OVAI Tt I Pd $0,00 Nbr-0801898297
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GRANT DEED OF DEVELOPMENT RIGHTS
( Crime-�- ��+u-/re �v�Ir.���
To meet condition(s) of approval number 14 57 .1 of f-P 9 , 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 Rmezk t3
of Subdivision 524*-
situated in the Countyof
Contra Costa, State of California and more particularly described in Exhibits"A"�.�1%t3�.`
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 de o evelop any improvement
requiring the appro ee or successor a 1 submit to such entity a written proposal
describing the nature, extent and to 0 s ent. Grantee, or successor, shall have' �.�
sixty(60) days from rece* such proposal in which to grant appro roval. Failure by��
Grantee, or su or, to respond in said time period shall be equivalent to the approv ch
pro
The undersigned executed this instrument on /� ��P��
I _A
?1,1YL00 OL�
(Signet Vr,
(Print name ane title.) IL M V4
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(Signature)
(Print nanrc and title.)
CO>
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(See attached notary)
GAGrpDatakEngSvcU.Asa\ForTn F DE-Ldoc
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Rev.October 9,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
f } SS.
COUNTY OF n'��
On before me the undersigned, a Notary Public in and for
said Stateersonallpy appeared
� U��
Name( of Signer(s/
0 Personally known to me OR ed to me on the basis of satisfactory roved y evidence to be the personW
r
whose name)) e subscribed to the within
instrument and cknowledged to me that
e h /the�iexecuted the same inauthorize capacity(i ), and that by is tirsignature( on the i strument the person or the
JA VONNIE FRAMW entity up n behalf of which the person( X acted,
Comm*#1 9 executed the instrument.
CL M6)eelt
d estr '; V'r
n
us NOTARY PUBLIC-CALiFQRNW
CONTRA COSTA COUNTY -�
My CommissionExpires OCT,16t 2005Wit e and jand offi i al.N
-7 1W 1W _W 1W 7 V V
_(
Sign re of Ary
(Area above for official notarial seal) Name(Typed or Printed)
Capacity Claimed by Signer Description of Attached Document
[3 Individual(s) (Although this information is optional, it could prevent fraudulent
attachment of this certificate to another document.)
00000 C orate Officer ) -Tit/,,(sem)
,/� This certificate is for attachment to the document
described be-low:
Tifie or type of document A
0 Partner(s)
� -�� ''� U
D Attorney-in-Fact
0 Trustee(s)
Lim
13 Guardian/Conservator Pt of pages
0 Other: Date of document
Signer(s) other than named above
Signer is Representing: Name of person(s) or
Entity(ies)
SAV-191 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 authorized capacity, and
that by his signature on the instrument, the entity upon behalf of which the person acted,
executed the instrument,
L.QUAINTANCE - WITNESS my hand and official seal.
commission# 1392629
4 *
Notary Pubic-Ca"K."Iffu
Alameda County
NWj-
My Comm.Cr*1 a i,Jan 30.2007
L. uaintan , Notary Public
Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Grant Deed of Development Rights - Creek Structure Setback (Bear Creek
Road APN365-Q 1 0w008)
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 Name:
El Individual F1 Individual
Corporate Officer: El Corporate Officer:
Secretary
El Partner: 13 Limited 0 General ❑ Partner: 0 Limited 0 General
E3 Attorney-in-Fact E3 Attorney-in-Fact
El Trustee El Trustee
M Guardian or Conservator n Guardian or Conservator
El Other: El Other:
Signer is Representing: Signer is Representing:
Gan Shalom, Inc.
EXHIBIT"A"
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 34059'51'9 W 380.02'),
SAID LINE BEING ON THE NORTHEASTERLY LINE OF SAID PARCEL"B" (80 PM 35)(2001-334473);
THENCE ALONG THE EXTERIOR LINE OF SAID PARCEL SOUTH 340599519' EAST 380.02 FEET;
THENCE SOUTH 44048904" EAST 407.30 FEET; THENCE SOUTH 69°45'11" EAST 130.04 FEET;
THENCE SOUTH 45°07'39" EAST 247.39 FEET; THENCE SOUTH 10°14'12" 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 ANGLE OF 06°05'39";THENCE LEAVING THE NORTH LINE OF SAID PARCEL "B" (80 PM
35)(2001-334473) ; SOUTH 73040'09"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 97024'0279 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
81°04'11" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 134.86 FEET THROUGH
A CENTRAL ANGLE OF 77016'07"; 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 03°48'04"WEST;THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE 75.80 FEET THROUGH A.CENTRAL ANGLE OF 3005692091; THENCE NORTH
55015'36"'WEST 130.00 FEET ;THENCE NORTH 46°37'35"WEST 440.00 FEET; THENCE NORTH
40029'58"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 58°59'24";
THENCE NORTH 28°23'51" EAST 31.61 FEET TO THE NORTH LINE OF SAID PARCEL"B" (80 PM 35)
(2001-334473);THENCE ALONG SAID NORTH LINE SOUTH 61°36'09" 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.
2 .
NO. 7263
OF Ca��°P
' EXHIBIT "B"
CREEK STRUCTURE SETBACK
SCALE: 1"=150'
Z
N 28023'51" E
31.61'
0=58'59'24"
R=100.00'
L=102.96'
'o 4
. 5�5� N6356009NW
PARCEL B (POR) �j;9�� P.O.B.
( 80 P 35)
(2001 --334473) •h�• � • '��'
0_05'15040"
R-478.00
GAIN SHALOM, ]INCO. ,yg� L=43.89
365-010-005 (POP) 44
lK L
bt
qo
0=30'56'20"
R=140.37' hh ,y0•
L=75.80' '` +3
NO3'48'04"E R `�0
•a"o
0-77'16'O7"
R=100.00'
L=134.86'
N81'04'11"E R Y •5�
0=97'24'02"
R=95.29' � �
L=161.99' .�Op9 ,.p�
N 1 O•1 4,12aW LEGEND
50.28'
0=06'05'39" (R) RADIAL
R=500.00'
L=53.18' P.0.6. POINT OF BEGINNING
F:\DCA_DWG\011049\SURVEY\0149CREEK.DWG 01-1049-20