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Home My WebLink AboutMINUTES - 07252006 - C.12 TO: BOARD OF SUPERVISORS Contra`=`-- '-`�' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR c. , r z Costa DATE- July 25, 2006 doss _ �,kom rAe County SUBJECT: Accepting Grant Deed of Development Rights, for Subdivision 99-08306, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ -46" for Subdivision 99-08306,accepting Grant Deed of Development Rights,for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Acceptance of this Grant Deed of Development Rights for recording is necessary to satisfy Condition of Approval number 254 of Subdivision 99-08306,which requires the applicant to relinquish development rights over the portion of the site that is within the structure setback area of the West and Main Branches of Alamo Creek CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be accepted for recording. Continued on Attachment: SIGNATURE: _—IfECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE (S):-.4,-') ACTION OF B A D ON APPROVED AS RECOMMENDED OTHER VOCE OF SUPEVISORS V/ UNANIMOUS(ABSENT /,071vI hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. LL:vz G:\EngSv6B0\2006M-25\Sub 8306 130-30.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) ATTESTED: cc: Current Planning,Community Development Department Shapell Homes JOHN CULLIK, Qok of the Board of 100 N.Milpitas Road Milpitas,CA 95035 Supervisors and County Administrator Attn:S.Savage&S.Worden 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 July 25, 2006 by the following vote: AYES: Uilkenta,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Accepting Grant Deed of Development Rights, for Subdivision 99-08306, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Grant Deed of SD 99-08306 Shapell Homes, a San Ramon III Development APN: 222-240-027, Division of Shapell (Dougherty Rights (Creek Structure -028, -039; 222- Industries, Inc., a Valley) Setback) 270-001,-002;222- Delaware Corp. 280-001; 223-080- 001,-002 LL:vz G:\EngSvc\BO\2006\07-25\Sub 8306 BO-30.doc Originator: Public Works(ES) 'Contact: Teri Rie(313-2363) Recording to be completed by Community Development Department TitleCompany cc: Current Planning,ConI hereby certify that this is a true and correct copy of an Shapell Homes 100 N.Milpitas Road action taken and entered on the minutes of the Board of Milpitas,CA 95035 Attn:S.Savage&S.Worden Supervisors on the date shown. - ATTESTED: A- C � JOHN CULLEN, rk q&The Board of Supervisors and County Administrator By , Deputy RESOLUTION NO.2006 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: San Ramon(Dougherty Valley) Subdivision: Subdivision 8306 APN.: 222-240-027,-028,-039 222-270-001,-002 222-280-001 223-080-001,-002 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setbacks) To meet condition of approval#254, of Subdivision 99-08306,we, Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp.(Owner),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 A A,J L of Subdivision 99-08306, situated in the County of Contra Costa, State of California and more particularly described in Exhibit"A". 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. The undersigned executed this instrument on s/ 6 (Date). (Signature) R bert D. Moore (Signature) oz John Luedemann (See attached notary) GAEngSvclB0l2006107-25\Sub 8306 DE-I.doc LL:va J)J)WVV�/vV,W�/.✓�.NV,Wv�N•✓WVv`./.i � V✓-i`✓�i�/W�'.�.iW�;�/.riv`.,-.i�/�,..✓.M/�!V:/�/�../��iv.v�N.✓'vV�.NVV�/�.�/�/�iV�i� \ ..✓v�/v�niWVv`.N'�✓�.i'vv�✓->Z lS\\^i\NVv�.-,: �/�/..^✓��./�/�n✓�/'��V�/�/�/'✓J�,�✓V�/'.�Mi'.iVW�/�Ml�.n.N v./�N\/�/�^/�/�/'�/ �/✓�Mn%�N�/'./�/W�M/�/�/�/./'-./�:_. .. �N�/'�/✓.iv^/�/.Nv�/'�/�/'v�,Nv`\(/ �l CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Claras On July 5,2006, before me;Janice T. Kruse,Notary Public personally appeared, > Robert D. Moore & John Luedemann personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they z� executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. s JANICE T.KRI SE commission# 597428 �,WITNESS my hand and official seal. S� Notary Public-Californias z> �. Santo Clara county 6mycomm.Ex0wsAug24."-0q Signature of Notary Public JS Optional Information l` Z> , '>< Title_or Type_ o_f Document: Grant Deed of Development Riahts (Creek Structure)_______ z 99-08306—Parcels H & L r �l r> Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of >> >> Shanell Industries,Inc.. >� zS S� ;l ., /i✓';`✓l.� i:�/moi Jai' /l✓ ./`-i-./', �✓.M//�� :'l.. �.. /., .i fi.i .../�,-i /..�/.,i1/, i i i✓i/'i✓✓'✓/'... _ ., /�,�, - .. /..',v-J�, �✓�/��..,. Subdivision 8306 (Dev. No:) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels H and L designated as "Restricted Development Area" Grant Deed of Development Rights (Creek Structure Setback) as shown on the final map of Subdivision 8306, on file at the County Recorder's Office as follows: Date: Book: Page: