HomeMy WebLinkAboutMINUTES - 09192006 - C.19 C SE L
TO: BOARD OF SUPERVISORS =- Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR g; „ `. ;z Costa
DATE: September 19, 2006
sTAed— County
SUBJECT: Accepting Grant Deed of Development Rights (Open Space), for Subdivision 04-08918, for
project being developed by Thomas/DeNova, LLC, Bay Point area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/,:�'6 f for Subdivision 04-08918, accepting Grant Deed of Development Rights
(Open Space), for project being developed by Thomas/DeNova, LLC, Bay Point area. (District V)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Community Development Department reviewed the Grant Deed of Development Rights(Open Space)and the
Final Map for Subdivision 04-08918 and has determined that Condition of Approval #12 is satisfied.
CONSEQUENCES OF NEGATIVE ACTION:
The Grant Deed of Development Rights (Open Space) will not be accepted.
Continued on Attachment: SIGNATURE:
—IfECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
,.,A-PPROVE OTHER
SIGNATURE (S):
ACTION OF BO R ON APPROVED AS RECOMMENDED OTHER
vO�E OF SUPERVISORS ,off I hereby certify that this is a true and correct
UNANIMOUS(ABSENT copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
LS:vz
G:\EngSvc\BO\2006\09-19\SD 04-08918 BO-27.doc
ATTESTED: w /
Originator: Public Works(ES) i
Contact:S.Gospodchikov(313-2316) JOHN CULLS /, Clerk of the Board of
Recording to be completed by Title Company .
Supervisors and County Administrator
cc: Current Planning,Community Development ,
Thomas/DeNova,LLC
3100 Oak Road,Suite 140
Walnut Creek,CA 94596
Attn:Michael Murphy By `� Deputy
Fidelity National Title Company
2150 John Glen Drive,Suite 300
Concord,CA 94520
Attn:Marty Loza.
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 September 19, 2006 by the following vote:
AYES: SUPERVISORS UILKEMA,
DeSAULNIER, GLOVER, GIOIA
NONE: NONE
ABSENT: SUPERVISOR PIEPHO
ABSTAIN: NONE
---- RESOLUTION NO. 2006/.Bc09
SUBJECT: Accepting Grant Deed of Development Rights(Open Space),for Subdivision 04-08918,for project
being developed by Thomas/DeNova,LLC, Bay Point area. (District V)
IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED:
INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT:
Grant Deed of SD 04-08918 Thomas/DeNova, LLC Bay Point V
Development Rights
(Open Space)
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
LS:vz on the date shown.
G:\EngSvc\BO\2006\09-19\SD 04-08918 BO-27.doc
Originator: Public Works(ES) /r
Contact:S.Gospodchikov(313-2316) ATTESTED:_ a-v-16r--,P'/ ,�/n/0 —`-"—C C
Recording to be completed by Title Company JOHN CULL NE Clerk of the Board of Supervisors and County
cc: Current Planning,Community Development Administrator
Thomas/DeNova,LLC
3100 Oak Road,Suite 140
Walnut Creek,CA 94596
Attn:Michael Murphy
Fidelity National Title Company By ,Deputy
2150 John Glen Drive,Suite 300
Concord,CA 94520
Atm:Marty Loza
RESOLUTION NO.2006/ t-�6
RECORDING REQUESTED BY:
Contra Costa County
Community Development Department
When Recorded Mail Document To:
Contra Costa County
Community Development Department
651 Pine Street, 4th Floor North Wing
Martinez, CA 94553
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN:
GRANT DEED OF DEVELOPMENT RIGHTS
This Grant Deed is made by and between the Grantor, THOMAS DENOVA LLC, a California limited liability company
("Grantor")and the Grantee,CONTRA COSTA COUNTY,a public body,corporate and public,and its successors and assigns
("County").
RECITALS
A. Grantor is the fee owner of certain real property in the County of Contra Costa, State of California, which is
described in the attached Exhibit"A", which is incorporated herein by this reference as if set forth at length (the
"Property").
B. The Contra Costa County General Plan (2005-2020), provides that a portion of the Property is designated
Open Space.
C. Grantor desires to evidence its intent, and to insure, that the obligations specified herein are covenants,
conditions and restrictions that run with the land and are for the benefit of the County.
NOW, THEREFORE, for good and valuable consideration, including but not limited to the agreements contained
herein,the receipt and sufficiency of which is hereby acknowledged,Grantor hereby grants to County,and to its successors,on
the terms and conditions set forth below, all of the Development Rights over the
"Restricted Development Area"portion of the Property described on Exhibit"A"as identified below.
1. Recitals. The recitals are intended to be and shall be part of this Grant Deed.
2. Restricted Development Area. "Restricted Development Area"is defined to mean that portion of the Property
described in Exhibit "A". A map indicating the Restricted Development Area is attached hereto marked Exhibit "B" and
incorporated herein by this reference as if set forth at length.
3. Development Rights. "Development Rights" are defined to mean and refer to the rights to divide, develop,
install or construct improvements on all or any portion of the Restricted Development Area.
4. Negative Easement. This Grant Deed is in the form of negative easement which shall run with said Property
and shall bind the current Grantor and any future owners of all or any portion of said property that includes all or any portion of
the Restricted Development Area.This Grant Deed is an agreement in writing affecting the title or possession of the Property.
5. Development Restrictions. Except as provided herein, Grantor shall not develop, install or construct
improvements within the Restricted Development Area, and Grantor agrees that no building permits or other permits shall be
issued for the purpose of constructing improvements on any part of the Restricted Development Area,other than permits for the
allowed improvements set forth herein. Grantor hereby waives and relinquishes any rights it might otherwise have to such
permits.
GRANT DEED OF DEVELOPMEMT RIGHTS
5.1 Plans and Specifications; County Approval. Any and all improvements allowed within the Restricted
Development Area will be performed as directed by County or its successor public agency. Grantor shall cause plans and
specifications for improvements to be prepared by competent persons legally qualified to do the work and to submit said
improvement plans and specifications to County for approval prior to commencement of any work, and shall pay any County
improvement plan review and inspection fee.The work shall be done in accordance with County standards in effect at the time
improvement plans are submitted for approval or, upon annexation of the Restricted Development Area to any city, in
accordance with the applicable city standards.Grantor agrees to commence and complete the work within the time specified by
County.
5.2 Development in Restricted Development Area. The development,construction,maintenance and/or
operation by the Grantor of any improvements within the Restricted Development Area is hereby prohibited, except for the
following improvements:
5.2.1 Water storage tank and any necessary connections hereto.
5.2.2 A water transmission and distribution system and all necessary fixtures, including pipelines,
underground telemetry, and electrical cables or appurtenances thereto.
5.2.3 A drainage system for stormwater, floodwater and other surface water.
5.2.4 Sanitary sewer lines.
5.2.5 Power, cable telephone,fiber optics and other electrical transmission lines.
5.2.6 Grantor shall use its best efforts and shall proceed in good faith and with due diligence to acquire
rights of ingress to and egress from, and the servicing of("Access"), the above improvements from
Pacific Gas and Electric Company ("PG&E"). If the Director of the Contra Costa Community
Development Department ("Director") determines that Grantor has used its best efforts, has
proceeded in good faith and with due diligence to obtain Access and has been unable to acquire
Access,the Director shall permanently authorize Grantor ingress to,egress from and the servicing of
said improvements by Grantor's use of the Restricted Development Area.
6 Covenants Running With Land. This Grant Deed shall be binding on the parties hereto and the provisions
hereof shall be covenants running with the land and shall inure to the benefit of and be binding on the heirs, successors and
assigns of Grantor,County and all of the Property and all other parties having or acquiring any right,title or interest in any part
of the real property encumbered by the easement described herein.
7 Remedies. Should Grantor violate any of the provisions hereof, County shall be entitled to all rights and
remedies available at law or in equity, including without limitation,an order enjoining the activity in violation hereof and an order
requiring the removal of the improvements constructed in violation hereof. In addition,County shall be entitled to an award of all
expenses incurred by County in pursuing such violation(s), including costs, interest, attorney's fees and other litigation
expenses.
ltn
IN WITNESS WHEREOF, this Grant Deed of Development Rights is signed and executed this day of
11tU lA , 2006.
GRANTEE: CONTRA COSTA COUNTY GRANTOR: THOMAS/DENOVA LLC
By: By:
Chair, Board of Supervisors David B. Sanson
By:
Steven P. Thomas
GRANT DEED OF DEVELOPMEMT RIGHTS
By:
Community Development Dept.
Approval as to form:
F2a22
SILVANO A
County Co n
A,.
Y:
D oun unset
EXHIBITS
EXHIBIT"A" Legal Description of Property.
EXHIBIT"B" Map of Restricted Development Area
EXHIBIT "A"
RESTRICTED DEVELOPMENT AREA
BEING ALL OF PARCEL B AS SHOWN ON THE MAP ENTITLED "SUBDIVISION-8918,
WILLOW PASS BUSINESS PARK", FILED IN BOOK ___ OF MAPS AT PAGE ___, ON
2006,. CONTRA COSTA COUNTY RECORDS.
ALSO DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 4 INCH DIAMETER ALUMINUM MONUMENT MARKED "PACIFIC
GAS & ELECTRIC COMPANY 1/4 CORNER" STAMPED "LS 3613" PER RECORD OF
SURVEY 60 LSM 44 MARKING WEST QUARTER CORNER OF SECTION 17, TOWNSHIP 2
NORTH, RANGE 1 WEST, M.D.B. & M.;
THENCE NORTH 01'14'02" EAST, 248.64 FEET;
THENCE SOUTH 63'48'51" WEST, 1596.83 FEET;
THENCE SOUTH 59'40'31" EAST, 221.06 FEET;
THENCE NORTH 85'48'10" EAST, 402.04 FEET;
THENCE SOUTH 51'15'40" EAST, 1283.13 FEET;
THENCE NORTH 16'38'49" WEST, 181.89 FEET;
THENCE NORTH 51'19'14" WEST, 704.25 FEET;
THENCE NORTH 07'22'49" WEST, 162.61 FEET;
THENCE NORTH 35'44'23" WEST, 312.59 FEET;
THENCE NORTH 62'40'21" EAST, 284.89 FEET;
THENCE NORTH 75'23'07" EAST, 290.88 FEET;
THENCE SOUTH 57'38'50" EAST, 161.59 FEET;
THENCE SOUTH 00'46'04" EAST, 171.92 FEET;
THENCE, ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 250.00 FEET,
THROUGH A CENTRAL ANGLE OF 51'13'31", FOR AN ARC DISTANCE OF 223.51 FEET;
THENCE SOUTH 51'59'35" EAST, 99.93 FEET;
THENCE SOUTH 63'39'18" EAST, 125.00 FEET;
THENCE SOUTH 68'30'47" EAST, 200.00 FEET;
THENCE NORTH 00°03'53" WEST, 129.63 FEET;
THENCE NORTH. 90'00'00" EAST, 134.20 FEET;
EXHIBIT "A" — CONTINUED
THENCE SOUTH 68'41'30" EAST, 222.90 FEET;
THENCE SOUTH 57'51'25" EAST, 198.33 FEET;
THENCE SOUTH 50'31'48" EAST, 499.79 FEET;
THENCE, ALONG A NON—TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 42.00
FEET, A CENTRAL ANGLE OF 39'46'12", HAVING A RADIAL BEARING OF SOUTH
21'44'29" WEST, FOR AN ARC DISTANCE OF 29.15 FEET TO A POINT;
THENCE, ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 18.00 FEET,
THROUGH A CENTRAL ANGLE OF 48'11'23", FOR AN ARC DISTANCE OF 15.14 FEET;
THENCE SOUTH 76'40'42" EAST, 209.97 FEET;
THENCE NORTH 72'23'08" WEST, 111.10 FEET;
THENCE NORTH 13'07'41" EAST, 534.74 FEET;
THENCE NORTH 89'44'33" WEST, 353.30 FEET;
THENCE NORTH 01'18'54" EAST, 626.61 FEET;
THENCE NORTH 89'22'19" WEST, 1315.59 FEET;
THENCE NORTH 01'14'02" EAST, 3.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,599,578 SQUARE FEET OR 36.72 ACRES OF LAND, MORE OR LESS.
A PLAT SHOWING THE ABOVE DESCRIBED AREA IS ATTACHED HERETO AND MADE
PART HEREOF.
PROFESS/pN
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LINE TABLE EXHIBIT `BR
LINE LENGTH BEARING N o ZA---
L1 181.89 N1638'49"W o �' DRAWING SCALE 1" = 400'
L2 162.61 N0722'49"W �?
L3 161.59 N5738'50"W
L4 99.93 N51*59'35"W
L5 125.00 N63°39'18"W ,A
L6 200.00 N68 30'47"W o c" . '
L7 129.63 N00'03'53"W o --A .
L8 134.20 N90'00'00"E
L9 42.00 N21'44'29"E (R) �,;d CZ-
CURVE TABLE
CURVE LENGTH RADIUS DELTA : . o.
Cl 29.15 42.00 39'46'12" '� '`� �'��
C2 15.14 18.00 48'11'23" �h ,��,� cppr���,�, c, m
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DATED:
STATE OF CAA IFORNIA
COU TY OF
.,ON � ' I u S1 G UJ before me,
} r✓ t personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)
are subscribed toa within instrument and
acknowledged to me th�eYshe/they executed the same
i i 'her/their authorized capacity(ies), and that by
his er/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the.person(s) acted,
executed th strument.
Witness m hand an official seaL CATHY CASTRO
COMM.#1568973
CQ. NOTARY PUBLIC-CALIFORNIA
Signature CONTRA COSTA COUNTY n
COMM.EXP.APRIL 14,2009
\i
GRANT DEED OF DEVELOPMEMT RIGHTS
DATED:
STATE OF CALIFORNIA
COUNTY OF CONTRA CngTA
ON August 25. 2006 before me,
Craig F. Andersen,notary public personally appeared
David B. Sanson
personally 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
acknowledged to me that he/, executed the same
in his6hW6W authorized capacity, and that by
his/ signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my han off' seal.
CRAIG FRANK ANDERSEN
Signatur Commission 1633134
Lai
Notary P�ubHc-CaEfomlauntyContra Costa Coy Comm.Expkes.tan 6,261
GRANT DEED OF DEVELOPMEMT RIGHTS