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HomeMy WebLinkAboutMINUTES - 09232008 - C.7 L ° Contra TO: BOARD OF SUPERVISORS FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR. Costa DATE: September 23, 2008 County S-- ------ colu SUBJECT: Accepting Grant Deed of Development Rights, for Minor Subdivision 05-00005, Walnut Creek area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ 0/19a accepting Grant Deed of Development Rights, for Minor Subdivision 05- 00005, for project being developed by Thomas A. Halaszynski, as recommended by the Public Works Director, Walnut Creek area. (District III) FISCAL IMPACT: , None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): This Grant Deed of.;Development Rights is required by condition of approval no. 37 of Minor Subdivision 05- 00005. N CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: SIGNATURE. _RECOMMENDATION OF COUNTY ADMINISTRATOR ,RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD APPROVED AS COMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VO OF SUPERVISORS minutes of the Board of Supervisors on the UNANIMOUS(ABSENT �) date shown. AYES: NOES: ABSENT: ABSTAIN: xD:Jc ATTESTED: G�b�y oedt.p� G:\EngSvc\60\2008\09-23\MS 05-00005 BO-27 FORM.docx DAVID TWA, dlerk of the Board of Originator: Public Works(ES) Contact: Monish Sen(313-2187) SUperV1SOTS and County Administrator Recording to be completed by the Title Company cc: Current Planning,Department of Conservation and.Development Thomas A.Halaszynski 2952 Dorothy Drive By , Deputy Pleasant Hill,'CA 94523 Placer Title Company 2321 Tice Valley Blvd. Walnut Creek,CA 94595 Attn:Valerie Cunningham 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 23, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None -- _. RESOLUTION NO. 2008/ Cc SUBJECT: Accepting Grant Deed of Development Rights, for Minor Subdivision 05-00005, for project, being developed by Thomas A Halaszynski, as recommended by the Public Works Director, Walnut Creek area. (District III), IT IS BY THE BOARD RESOLVEDtlat the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Development Rights MS 05-00005 Thomas A. Halaszynski Walnut Creek III I hereby certify that this,is a true and correct copy of an action taken and entered on the minutes of the Board of KD:JC Supervisors on the date shown. G:\EngSvc\BO\2008\09-23\MS 05-00005 BO-27 FORM.docx Originator: Public Works(ES) Contact: Monish Sen(313-2187) ` Recording to be completed by the Title Company ATTESTED: cc: Current Planning,Department of Conservation and Development DAVID TWA, VA of the Board of Supervisors and a Thomas A.Halaszynski County Ad 2952 Dorothy Drive Administrator Pleasant Hill,CA 94523 Placer Title Company 2321 Tice Valley Blvd. By ,Deputy Walnut Creek,CA 94595 Attn:Valerie Cunningham RESOLUTION NO.2008/ aC%Z r 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: MS 05-0005 APN: 188-141-002 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition(s) of approval number 37, of MS 05-0005, I/we, -rico is 6. "A L^S1zq?-4V-V-k (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 Parcels A and B of Minor Subdivision 05-0005,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 disapprovall''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 IS , Z40e) (D te) S (Signature) (Print name and tle.) ©r"N� I Thompts A, 11APfLAS2--&W41 (Signature) " (Print name and title.) (See attached notary) G:1GrpDatatEngSvcTorms\DE WORMDE-Ldoc 1D:lad Rev.October 9,2001 ACKNOWLEDGMENT State of California County of CONTRA COSTA On 1�' aod before me, LIZA S. QUESADA, NOTARY PUBLIC . (insert name and title of the officer) personally appeared I T�p ,,-4 A A-L,A',- -2-y 0-S K-T who proved to me on the basis of satisfactory evidence to be the personxwhose nameN�afe' subscribed to the within instrument and acknowledged to me that 6esh&#et executed the sam e in CWI/heg#teir authorized capacity(iet), and that by6NheFltheir- signature(,�on the instrument the person(K or the entity upon behalf of which the person(gacted, executed the'instru ment. [certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. LIZA S.QUESADA- WITNESS my hand and official seal. _ Commission# 1680121 Notary Public-CaRomia Contra Costa County F @my Comm.Expires Aug 6,2010r Signature � (Seal) — — — — — — — --- — — — • MS 0500005 EXHIBIT "A" All that real property situated in,the County of Contra Costa,State of California,described as follows: A portion of parcels A and B designated as Restricted Development Area (creek structure setback) as shown on the parcel map of Minor Subdivision MS 0500005, on file at the County Recorder's Office;as follows: Date: Book: Page: KD G:\EngSvc\Land Dev\MS\MS 0500005\EXHIBIT-A RDA