The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08012006 - C.6 C. TO: BOARD OF SUPERVISORS Contra FROM: MAURIC'E M. SHIU, PUBLIC WORKS DIRECTOR0 , , n . ;z Costa, DATE: August 1, 2006 ,°os'_ rA-�eUK County SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Subdivision 05- 09005, for project being developed by Shapell Industries, Inc.,A Delaware Corp., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 4,70 for Subdivision 05-09005, accepting Grant Deed of Development Rights (Creek Structure Setback),for project being developed by Shapell Industries,Inc.,A Delaware Corp.,Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 05-09005 has met all applicable conditions of approval regarding creek structure setback. Condition of approval No. 178 requires the developer to Grant Deed Development Rights for creek structure setback. CONSEQUENCES OF NEGATIVE ACTION: Development Rights will not be Grant Deeded.to the County for the creek structure setback and condition of approval No. 178 will:not be satisfied. Continued on Attachment:. SIGNATU RECOMMENDATION OF COUNTY ADMINISTRXTOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BO ON m APPROVED AS RECOMMENDED OTHER VO T OF SUPERVISORS I hereby certify that this is a true and correct 1/ UNANIMOUS(ABSENT 77 AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. G:\EngSvc\BO\2006\08-0I\SD 05-9005 BO-27.doc LL:vz Originator: Public Works(ES) ATTESTED: -F -0/ moo/G Contact:T.Rie(313-2363) cc: Current Planning,Community Development JOHN CULLEN, Oerk of the Board of Shapell Industries,Inc. Supervisors and County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Worden By , Deputy Recorded at theXequest 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 1, 2006,.by the following vote- AYE ote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2006/ SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Subdivision 05-09005; for project being developed by Shapell Industries, Inc., A Delaware Corp.,Danville area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Parcels B & F Shapell Industries, Danville III Development Rights SD 05-09005 Inc., A Delaware .(Creek Structure APN: 206-030-026, - Corp. Setback) 033 L sve�ao zoo6�os-onsD o5.9no5 Bo-z�.doe L :vz I hereby certify that this is a true and correct copy of an action L:vz taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown. Contact:T.Ric(313-2363) Recording to be completed by Title Company cc: Current Planning,Community Development Shapell Industries,Inc. ATTESTED: �e loo N.Milpitas Blv035 JOHN CULLEN,Cle -of the Board of Su Supervisors and County. Milpitas,CA 95035 p ty. Attn:Sam Worden Administrator First American Title Company 6683 Owens Drive Pleasanton,CA 94588 Attn:Barbara Pinto By , Deputy RESOLUTION NO.2006/ 'X90 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Unincorporated Danville Subdivision: Subdivision 9005 APN: 206-030-026 033 GRANT DEED OF DEVELOPMENT RIGHTS Creek Structure Setbacks To meet condition(s) of approval number 178 of Subdivision 9005, I/we, Shapell Industries,Inc. (Owner)hereby grants 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 Parcels B & F of Subdivision 9005, 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--� I SHAPELL INDUSTRIES, INC. a are Corporatn Robert D. M re, Assis ant Vice President Ke ox, Assistant Secretary (See attached notary) J��^✓:�:.VN�,^Miv�n.^✓`.N�'V�/.�`.�,N'�nN'.N'.J`./�•V✓v:1��1'.JV��./�.�i.�ivVv.":V\ivVV,`/./�. ./-i:.�lv"V V'✓:�/VVv.✓�/W�/,+......• n'.!✓,�. �.' T✓`�!4V✓s.JJ\)> ,�.i .✓..�✓\'/•✓/'✓V.l'l�..i/�M i��'�l.,..V.;.NV./`fN��iV•✓�...N./�/:"�/./•✓�.�/'.lv�.'v�i�i./�N-.'n.'..✓. -:'✓V�/•/�NV•f N�/`!./�/.'.�.:/.v"N V.�'i`✓/V ".'J•i moi.N` �( J S� > s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 11,2006,before me, Janice T.Kruse,Notary Public personally appeared > Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE Commission#1597428 Z WITNESS my hand and official seal. A Notary Public-California �, V Santa Ciara County 6MyComm.ExpMAug24,2 _ _ :�•: ,��1�\mac /�_��`i�,;.�, Signature of Notary Public Optional Information s Title or Type of Document: Grant Deed of Development Rights,Creek STructure Setback. 9005 Parcels B& F. Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. zz ?) r7 I ?) ?2 ii ��ne;�./•✓✓•rte^�/✓N,/.ten.v` .nr-�.. - �:;,✓.n il.�,,. v�-�•✓•/•-,�.,.ri�..��/./.':��_i��✓�ri./. ., !r!-,vv^✓�.r✓v v.,.✓....,..' ',!.!�✓ '-.n�r2a Subdivision 9005 (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 B and F designated as "Restricted Development Area" Grant Deed of Development Rights (Creek Structure Setback) as shown on the final map of Subdivision 9005, on file at the County Recorder's Office as follows: Date: Book: Page: G:UOBS 05\053012\Correspondence\Letters\ExhibitA.doc