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Home My WebLink AboutMINUTES - 08122008 - C.11 TO: BOARD OF SUPERVISORS Contra� :`�==; � '�; FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: August 12, 2008 Co, n my ..Co SUBJECT: Accept Relinquishment of Abutter's Rights for Development Permit 07-03029, Martinez area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/�461 accepting Relinquishment of Abutter's Rights for Development Permit 07-03029, for project being developed by Heartwood Investments II, LLC, as recommended by, the Public Works Director, Martinez area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Relinquishment of Abutter's Rights is a condition of approval for this development plan (COA#18) CONSEQUENCES OF NEGATIVE ACTION: The Relinquishment of Abutter's Rights,will not be recorded. Continued on Attachment:_ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR �ECOMMENDATION OF BOARD COMMITTEE PPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON APP66VEDASRECOMM.EN45ED OTHER I hereby certify that this is a true andcorrect copy of an action taken and entered on the minutes of the Board of Supervisors on the VV'FE OF SUPERVISORS /� date shown. UNANIMOUS(ABSENT A49 ` ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: BB;e JOHN CULLEN, CVof the board of G:\EngSvc\130\2008\08-12\DP 07-03029 BO-27 FORM.docx Supervisors and Count Administrator Originator: Public Works(ES) 1� Y Contact:M.Sen(313-2187) Recording to be completed by Clerk of the Board cc: Current Planning,Community Development Heartwood Investments II,LLC 7950 Dublin Blvd.,Ste.203 By ;Deputy Dublin,CA 94568 Attn:Donald Babbitt 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 August 12, 2008 by the following vote: AYES: Gioia, Vilkema; Piepho, Bonilla, j and Glover NOES: None 1 ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ -'-5'4;J? SUBJECT: Accepting Relinquishment of Abutter's Rights, for Development Permit 07-03029, for project being developed by Heartwood Investments II, LLC, Martinez area..(District Il)I IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Abutter's Rights Relinquishment . APN:375-272-017 Heartwood Martinez II Investments II, LLC 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 on the date shown. BB:ie G:\EngSvc\BO\2008\08-12\DP 07-03029 BO-27 FORM.docx ATTESTED: Originator: Public works(ES) Cotact: M.Sen(313-2187) JOHN CULLEN k of the Boar Supervisors Su ervisors and n Recording to be completed by Clerk of the Board County Administrator cc: Current Planning,Community Development Heartwood Investments II,LLC 7950 Dublin Blvd.,Ste.203 Dublin,CA 94568 Attn:Donald Babbitt By ,Deputy RESOLUTION NO.2008/( Record at the request of:' iill III III I III III IN 11111111111111 Contra Costa County CONTRA COSTA Co Retarder Office Public Works Department STEPHEN L. WEIR, Clerk-Recorder Return to: Contra Costa County DCC— 2008-0180388-00 Public Works Department Wednesday, AUG 13, 2008 08:29:00 Records Section FRE $0.00; 1 Tt 1 Pd $0,00 Nbr-0004174229 Area: Martinez r r c/R9/1-6 Road: Almond Street Development No.:DP 07-3029 APN: 375-272-017. — - -- - --: -- - -— RELINQUISHMENT OF ABUTTER'S RIGHTS Heartwood Investments II,LLC, a California limited liability company,the undersigned, being the present title owner of record of the herein described parcel of land,do hereby relinquish abutter's rights of access along Almond Street,to Contra Costa County,a political subdivision of the State of California and,its successors or assigns, along the real property situated in the County of Contra Costa, State of California; described in Exhibit"A"(written description) and shown"on Exhibit`B" (plat map) attached hereto. It is understood and agreed that Contra Costa County its successors or assigns shall incur no liability with respect to such relinquishment of abutter's rights. The provisions hereof shall insure to the benefit of and be binding upon heirs, successors, assigns,and personal representatives of the respective parties hereto. The undersigned executed this instrument on May,29, 2008. HEARTWOOD INVESTMENTS II, LLC a�C ' a limited 1'ab' 1 any By: Donald Babbitt Its Managing Member ;, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Alameda ) On May 29, 2008 before me, Diane E. Burton , Notary Public, personally appeared Donald L. Babbitt who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the.foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 DIANE E. BURTON Signatures ,v( Tj Comm.#1529219 N10my NOTARY PUBLIC-CALIFORNIA N Alameda County Comm.Expires Dec.10,1008� This area for official notarial seal.„ OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR , ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION i Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11/2007 EXHIBIT A RELINQUISHMENT OF'ABUTTER'S RIGHTS (LOT 16) THAT CERTAIN PARCEL OF LAND SITUATED WITHIN THE UNINCORPORATED AREA OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: BEING THE NORTH LINE OF LOT 16 OF BLOCK 24, OF THAT CERTAIN MAP ENTITILED "MARTINEZ LAND CO. TRACT NO. 4"RECORDED IN BOOK 14 OF MAPS AT PAGE 288, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 16 (14 M 288), SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 16,NORTH 89033'46"EAST (TAKEN FOR THE PURPOSE OF THIS DESCRIPTION) 90.00 FEET, TO A TANGENT CURVE TO.THE RIGHT, HAVING A RADIUS OF 10.00 FEET; THENCE ALONG THE ARC OF SAID CURVE 15.71 FEET THROUGH A CENTRAL ANGLE OF 90000'00", END OF !! DESCRIPTION. F F:lprojects�2007\207006\CORRESPONDENCE\207006-legal descripts.doc 5/22/2008 at12:59:07PM —F I It U U VINE AVE R=10.00' D=90'00'00' N 00'26'14" E _ L=15.71' - - — _ 44.40' I n� I LOT 16 W LOT 15 I I0 w CIi7 W a�; n n n o o 00 00 \ Z Z f�f 0 <) N00'26'14" E " 54.40' Q 00 I LOT 1 ( LOT 2 RELINQUISHMENT OF ABUTTERS' RIGHTS aT H EXHIBIT B ! - �� LOT 16 RELINQUISHMENT OF ABUTTER'S RIGHTS s MARTINEZ CALIFORNIA 45, 0 E 1' f3l8� CUNHA ENGINEERING, INC. o zo i 701 BELMONT WAY. STE. A . P PINOLE, CALIFORNIA 94584 f,. (510) 741-8290 z SCALE Dote 3-7708 Fite No. 207006—des 1 inch20 ft. F:�pmjectsV007U07OW20700"4 4naSWr ab.dwg,3/24/2008 1:49:03 PM,1:1 .