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Home My WebLink AboutMINUTES - 07242007 - C.15 TO: BOARD OF SUPERVISORS Contra��--__-;--�-- o FROM.: MAURiCE M. SHIU, PUBIIC WORKS DIRECTOR Costa4 :It.- n ( ' - 7. DATE: July 24 2007 County �a cotin`13 SUB.IECT: Accept Grant Deed of Development Rights-Additional Impervious Area, for Minor Subdivision 02-00019, for project being. developed by Simon and Judy Baker Makdessi, Walnut Creek area. (District IV) SPECIFIC:REQUEST(S)OR RECOMMENDATION(S)&BAC:KGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ J& for Minor Subdivision 02-00019, accepting Grant Deed of Development Rights-Additional Impervious Area, for project being developed by Simon and Judy Baker Makdessi,Walnut Creek area. (District IV) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): ights is required by condition of approval No. 30 for Minor Subdivision 02-00019. A Grant Deed ofDevelopment R CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: SIGNATURE: ►^�— ECOM.NIENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PPROVE QTIIEI1 SIGNA'IT1RE S : - :'=17N OF BO.- R O.N ,� APPROVED AS RECONIMENDEU OTHER vo r� SUPERVISORS hereby certify that this is'a true and correct ✓ UNANIMOUS(ABSENT Dwe---t copy of an action taken and entered on the AYES: NOES; minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. hU:ct G:`.I.'.ngSvc L10\3(107`:07-101 ilO-?-i MS 02-00019.doc ATTESTED: oZd'a�— Originator: Public Works(I:S) Cunlact:S.Gospodchikov(313-2310) JOHN CULL rk of the Board of Recording to he completed by Title Company Supervisors and County Administrator cc: Currcnl Planning.Community Devclopment Simon and Judv Baker Makdessi 27"_'1 Chem!Lane Walnut Creek,CA 94597 Old Republic Title Company By eputy 3000 Clayton Road Concord.CA 94519 >.';�, •�`• ., 4 �,.7�.. ,r., �, rtq `� v 'i �l i • 1 �`\ Recorded at the request of- Contra Costa County Board ol'Supervisors Return to: Public Works Deparurtent lingincering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 24, 2007 by the following vote: AYES: Gioia, Uilketna, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None — RESOLUTION NO. 2007/& SUBJECT: Accepting Grant Deed of Development Rights-Additional Imperviotis Area, for Minor Subdivision 02-00019, for project being developed by Simon and .Judy Baker Makdessi, Walnut Creek area. (District IV) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 02-00019 Simor! and Judy Walnut Creek IV' Development Rights- APN: 172-061-021 Baker Makdessi Additional Impervious Area KL'`'Z I hereby certify that this is a true and correct copy of an action (i:`.I:it Svc'`.CiO`2007`,07-10'.130--'7 NIS 02-00019.doe 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 Cumpam cc: Cunent Planning.Community De%elopment Simon and Judv Baker Makdessi AT ESTI,D: 2721 cl erry Lane JOHN CULLEi ;ter f the Board of Supervisors and County \1 alnut Creek,CA 94597 01d Republic Title Company Administrator 3000 Clavtun Road Concord.C A 94519 By ,Deputy RESOLUTION NO.2007/ �� Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Walnut Creek Subdivision: MS0200019 APN.: 172-061-021 GRAM DEED OF DEVELOPMENT RIGHTS (Additional Impervious Area) To meet.condition of approval number30 of Minor Subdivision 0200019, Simon Makdessi and Judith Ann Baker Makdessi, 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 that real property known as parcels A and B of Minor Subdivision MS 0200019, 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 as parcel A and parcel B of Minor Subdivision MS 0200019 that will increase the cumulative impervious surface area more than 1500 square feet. 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 /ATG 1 (Date). Simon Makdessi and Judith Ann Baker Makdessi Simon Makdessi Ju `tf1 Ann Baker Makdess (See attached notary). GAGrpDatalFngSvcTorms\UF.WORDIDE-1 FRM.doc f MS 0200019 EXHIBIT "A" All that real property situated in the County of Contra Costa,State-of California,described as follows: All of those parcels designated as parcels A and B as shown on the parcel map of MS 0200019, on file at the County Recorder's Office as follows: Date: flook: Page:, KI) G:\Grpl)ata\En,,S,'c\Ken`PrgjeclsI...N4S030019\EX14ILtI1'-A FORM.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •�4�>�'•�'�:��'�t��'��`��'k�c'.c re:F.�c',�t>.c:c�.cel..�,�-C,ie('.e�,��:��L�" �i'��'��C State of California County of CON7R-A On 05-17. lft7_ before me, L44 h-mM6VL- Stout,H t>H-Ar(vPA- Date Name andTitleof Officer(e.g.."Jane Doe,Notary Public') personally appeared StfyLQl� M laKDt=SSS r N)ww ' hwtJ a-A)-t'� MM4wt>esS' Name(s)of Signer(s) LJ personally known to me LP-tor proved to me on the basisof satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged . to me that R.rLAN.�A13rR SIN�H DH ANDA he/she/they executed the same in his/her/their authorized � Commission 1576444 capacity(ies), and that by his/her/their signature(s) on the i 'x�' , instrument theperson(s), or the entity upon behalf of Calil'ornla Y P ;-��;, ty contras costa county which the person(s) acted, executed the instrument. ��"y P,1y Comm.Expires May 6,20r)4 WITNESS myy{�hand and official seal. Place Notary Seal Above SI natureY Signature of Notary Public OPTIONAL Though the information below is noi'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: 17�Ur Lo f1h 0-0-r Document Date:__. . 0.5•- l-7 • Number of Pages: �O - Signer(s) Other Than Named Above: _. Capacity(ies) Claimed by Sigher(s) Signer's Name: _Sj_M_o_d M E41�D. 5� Signer's Name: Ju DIV A Nt�__9.ak„E(Z AA AKD LA'S S ' LV/Individual L!"Tndividual El Corporate Officer—Title(s):_ Corporate Officer—Title(s): _. Partner—J Limited Li GeneralU Partner—❑ Limited Cl General 1-1 Attorney in Fact _' Attorney in Fact ' Top of thumb here lop o thumb here Trustee `ruKY;,` U Trustee FJ Guardian or Conservator `;:� t ;, � n Guardian or Conservator Other: _ F=r= _ - ED Other: ,',is t-F Signer Is Representing: �'•_ ,� ��• Signer Is Representing: S� 0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Itern No.5907 v609` Reorder:Call Toll-Free 1-800-876-6827