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Home My WebLink AboutMINUTES - 09192006 - C.6 TO: BOARD OF SUPERVISORS sE L=� Contra _ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: September 19,2006 � o:�; ST'q COU County , SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 04-00012, for project being developed by Oscar A. Salazar and Oscar W.A. Dias, Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/55 CO for Minor Subdivision 04-00012, accepting Grand Deed of Development Rights(Creek Structure Setback),for project being developed by Oscar A. Salazar and Oscar W.A.Dias,Bay Point area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Condition of Approval #34 for Minor Subdivision 04-00012 requires a Grant Deed of Development Rights for a Creek Structure Setback area. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: 1/' SIGNATURE:- L4dCOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _-PkPPROVEOTHER L SIGNATURES ACTION OF BO ON o20-0 APPROVED AS RECOMMENDED OTHER voT of SUPERVISORS 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. AH:vz G:\EngSvc\BO\2006\09-19\MS 04-0012 BO-27.doc Originator: Public Works(ES) ATTESTED: �7� Contact:S.Gospodchikov(313-2316) JOHN CULLEN, Clerk of the Board of Recording to be completed by Title Company Supervisors and County Administrator cc: Current Planning,Community Development Oscar A.Salazar and Oscar W.A.Dias 1697 St.Gemiain Place Concord,CA 94521 Placer Title Company By , Deputy 1981 N.Broadway,Suite 100 Walnut Creek,CA 94596 Attn:Donna Mahoney 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 UILKENIA, DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN:NONE RESOLUTION NO. 2006/.�- ,50r, SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision 04- 00012, for project being developed by Oscar A. Salazar and Oscar W.A. Dias, 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 MS 04-0012 Oscar A. Salazar and Bay Point V Development Rights APN: 095-102-016 Oscar W.A. Dias (Creek Structure Setback) AH:vz I hereby certify that this is a true and correct copy of an action G:\EngSvc\BO\7-006\09-19\MS 04-0012 130-27.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact:S.Gospodchikov(313-2316) Recording to be completed by Title Company cc: Current Planning,Community Development �i aiK/6 Oscar A.Salazar and Oscar W.A.Dias ATTESTED: 90?e v--7 AG 1697 St.Germain Place JOHN CULLEN,Clerk of the Board of Supervisors and County Concord,CA 94521 Placer Title Company Administrator 1981 N.Broadway,Suite 100 Walnut Creek,CA 94596 Attn:Donna Mahoney By ,Deputy RESOLUTION NO.2006/ -6 �o Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section 255 Glacier Drive Martinez,CA 94553 Area: BAY POINT AREA Subdivision: MS O4-0012 APN: 095-102-016 - GRANT DEED OF DEVELOPMENT RIGHTS ( CREEK STRUCTURE SETBACK ) To meet condition(s) of approval number 34 , of The Conditions of Approval, we, Oscar A. Salazar and Oscar W. A. Diaz (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 Creek Structure Setback of Subdivision MS 04-0012 , 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 (Date) (Signature) (Print me ,tic) Oscar A. Salazar i (Sig1nature) (Pri1 t name title Oscar W.A. Diaz (See attached notary) MS O4-0012 (Dev.No.reference) EXHIBIT"A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels B & C designated as Creek Structure Setback , shown on the Parcel Map of Subdivision MS O4-0012 , on file at the County Recorder's Office as follows: Date: Book: Page: CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On )' j 2^-4 before me, ELDONNA H. DAYTON, NOTARY PUBLIC, personally appeared Cnsc al, W, 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/she/they executed the same in his/her/their authorized capacity(ies); and that by his/her/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. ELDONNA H. DAYTON COMM.#1517784 C7 NOTARY PUBLIC•CALIFORNIA C n CONTRA COSTA COUNTY Comm.Exp.OCT.4,2008? ELDONNA H. DAYTON, NOtARY PUBLIC OPTIONAL Description of Attached Document Capacity Claimed by Signer: oy Individual Title of I5ocument Corporate Officer No. of Pages (Title) _ Partners: _ Limited General Date of Document _ Attorney in Fact _ Trustee(s) _ Guardian/Conservator Signer(s) Other Than Named Above _ Other Signer is Representing: Name of Person(s) or Entity(ies)