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Home My WebLink AboutRESOLUTIONS - 09232008 - 2008-632 TO: BOARD OF SUPERVISORS K". Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: September 23, 2008 County a cours't't 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/ 46-P. 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. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ,AECOMMENDATION OF BOARD COMMITTEE PPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON ` cY 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: KD:JC ATTESTED:4� Grs;ro6-&� G:\EngSvc\BO\2008\09-23\MS 05-00005 BO-27 FORM.docx DAVID TWA, lerk of the Board of Originator: Public Works(ES) Contact: Monish Sen(313-2187) Supervisors 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 RESOLVED that 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:3C Supervisors on the date shown. G:\EngSv6BO\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, (?4e;k of the Board cf Supervisors and Thomas A.Halaszynski County Administrator 2952 Dorothy Drive Pleasant Hill,CA 94523 Placer Title Company 2321 Tice Valley Blvd. By Deputy Walnut Creek,CA 94595 Attn:Valerie Cunningham RESOLUTION NO.2008/ 404 J 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 A PN: 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, 'SNomh-s A, W*LAS-ZgNrtct, (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 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 10t It 1 S , Z008 (D te) ' (Signature) a,", , (Print name and tic.) otimm , 1 tomii$ tP1, EAhLA52*QSK.t (Signature) (Print name and title.) (See attached notary) G'.\GrpData\EngSvc\Penns\DE WORD\DIS-1,doc Mlad Rev.October 9,2001 ACKNOWLEDGMENT 48 State of California Cr std County of CONTRA COSTA ) �-d �� /v� On 15, �00g _ before me, LIZA S. QUESADA, NOTARY PUBLIC /� II rr . (insert name and title of the officer) personally appeared QI11Q,q A • n R(,A SZytJS I« who proved to me on the basis of satisfactory evidence to be the person('04 whose nameNare- subscribed to the within instrument and acknowledged to me thatfeslaemierexecuted the same in lClia/he4their authorized capacity(ipt,), and that by ii heF4heir- signature(,s4,on the instrument the person(§6y\or the entity upon behalf of which the personXacted, executed the instrument. 1 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 sea). Commisslon#1680127 -m Notary Public-Co fomla Contra Costa County My Comm.Expires Aug 6,2010 Signature (Seal) i, 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 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 RESOLVED that 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\60\2008\09-23\MS 05-00005 BO-27 FORM.docx Originator: Public Works(ES) Contact; Monish Sen(313-2187) 00, Recording to be completed by the Title Company ATTESTED:_ a,o dlYl�Ga' �7 Y cc: Current Planning,Department of Conservation and Development DAVID TWA, VA of the Board of Supervisors and Thomas A.Halaszynski 2952 Dorothy Drive County Administrator Pleasant Hill,CA 94523 Placer Title Company 2321 Tice Valley Blvd. By�T Deputy Walnut Creek,CA 94595 Attn:Valerie Cunningham RESOLUTION NO.2008/�O(