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HomeMy WebLinkAboutMINUTES - 11271984 - T.13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on NGVE:MBER 27, 1984 , by the following vote: AYES: Powers, Fanden, Schroeder, Torlakson I NOES: None ABSENT: None ABSTAIN: Mcpeak SUBJECT: } In the Matter of Proposed ) Amendment of the County ) Resolution No. 84/695 General Plan for the } (Government Code SS65355 West Branch project in the ) _ Tassajara area ) The Board of Supervisors of Contra Costa County RESOLVES THAT: There is filed with this Board and its Clerk a copy of Resolution No. 45-1984 (SR) adopted by the San Ramon Valley Area Planning Commission, recommending amendment to the County General Plan for the West Branch proposal in the Tassajara area. On November 27, 1984, this Board held a hearing on said Amendment proposed by the San Ramon Valley Area Planning Commission No. 45-1984(SR). Notice of said hearing called for testimony of all persons interested in this plan amendment and several persons spoke at the hearing on the Tassajara amendments. The Board hereby finds that the proposed amendment will have a significant impact on the environment and that on Environmental Impact Report was prepared and processed in compliance with the California Environmental Quality Act and the County's Environmental Impact Guidelines. The Board hereby accepts the San Ramon Valley Area Planning Commission's environmental findings outlined in Resolution No. 45-1984(SR) as their own. The Board further directs that wording be added to+the: General Plan text calling for the dedication of Crow Canyon Road right-of-way that crosses this property and to participate in a fee benefit area be added as preformance criteria of this General Plan approval. The Board further directs the County Planning Department to incorporate this proposed amendment into a combined amendment to the General Plan which this Board will consider for adoption during the 1984 calender year as one of its four permitted amendments to the mandatory elements of the County General Plan. 1 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. ATTESTED: �([j7f/Y11�TCC PHIL BATCHELOR, Clerk of the Board of Supe Ison;and County Administrator Orig. Dept.: By , Deputy cc: Clerk of the Board Director of Planning Planning Department Public Works Department County Counsel 1F 00 321 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 77- 1994 , by the following vote: AYES: Powers, Fanden, Schroder, Torlakson NOES: None ABSENT. None ABSTAIN: McPeak SUBJECT: WEST BRANCH: Approving ) RESOLUTION NO. 84/696 Tentative Cancellation of ) L ) (Gov. C. X51280.1 et seq.) Land Conservation Contract 22-75 (1936-RZ) ) The Board of Supervisors of Contra Costa County RESOLVES THAT: On February 11, 1975 the landowners of the Gale Ranch entered into a Land Conservation Contract with the County of Contra Costa in accordance with the California Land Conservation Act (Government Code Section 51200 et seq.) On March 29, 1982 the landowner, Shapell Industries of Northern California, filed a petition for cancellation of a portion of that contract, covering approximately 400 acres of its 3,000 acre property. The subject property is located both east and west of Dougherty Road southerly of Camino Tassajara Road and is identified as Assessor's parcels 4/217-060- 0019 4/217-060-002, 41206-040-001. The County Assessor has determined the full cash value of the subject property as though it were free of the contractural restriction, and has certified to the Board the cancellation valuation of the subject property for the purpose of determining the cancella- tion fee. The Board hereby determines, and certifies to the County Auditor-Controller, that the amount of the cancellation fee, which the landowner must pay the County Treasurer as deferred taxes upon cancellation, is $32,985.00 (which is 12!495 of the cancellation valuation of the subject property). An environmental Impact Report (EIR) was prepared on a general plan amendment, alternative land use plan and the request to cancel the Land Conservation Contract. The Board's actions amending the County General Plan and certifying the adequacy of the EIR are documented by the Board of Supervisors Resolution No. 84/695. On November 27, 1984 the Board of Supervisors held a duly noticed public hearing on the partial area contract cancellation. The alternative use of the proeprty is urban in nature, consisting of residential uses of varying intensity, commercial, limited office, and open space. The affected property abuts a number of existing or pending but approved developments, including Country Club III of Blackhawk Ranch, Wood Ranch Planned Unit Development, and other developments as authorized in the North Dougherty Hills and the Sycamore Valley General Plan Amendments. - 1 - RESOLUTION NO. 84/696 00 322 The Board hereby finds (1) that the cancellation and alternative use will not result in discontiguous patterns of urban development and (2) that the alternative use allowed on the property will be consistent with the County General Plan as amended by Board Resolution No. 84/695, which amendment was initiated by the landowner prior to October 1, 1981. The Board hereby grants tentative approval for cancellation of Land Conservation Contract 22/75, only as to the parcels identified above, subject to the following conditions and contingencies being satisfied: (1) Payment in full of the cancellation fee due under Gov. C. 5551283 and 51283.1, which fee is $32,985.00 (portion of Contract 22-75). Unless said fee is paid within one year from the recording of this Certificate, or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowner's Notice of Satisfaction of Conditions and Contingencies (Gov.C. 551283.4(b)). (2) The landowner shall obtain approval for a Planned Unit District Preliminary Development Plan within one year of the date of tentative cancellation, with a possible one year extension at the discretion of the Board of Supervisors. The Board directs the Clerk of the Board to file with the County Recorder a Certificate of Tentative Cancellation pursuant to Government Code Section 51283.4. 1hereby cert!ty'ha`•h'^ +true?ndcr:--- an action taker, rr. ne :.:::::.:. C, ,he Board of Supervisors on the date ne I pox,;�. ATTESTED: /r,2r»z�y� PHIL BATCHELOR, Cter':of the Board of Supervisors and County Administrator By — L/ 1��/z , Deputy Orig. Dept.: Planning Dept. cc: Assessor Auditor-Controller Clerk of the Board County Counsel Director of Planning Planning Department Public Works Department Treasurer-Tax Collector Dan Hancock, Shapell - 2 - RESOLUTION NO. 84/696 00 323 i r Recording requested by Contra Contra County When recorded, Mail to Clerk Board of Supervisors County Administration Bldg. 651 Pine Street Martinez, CA 94553 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: Tentative Cancellation of a ) CERTIFICATION OF TENTATIVE Portion of Land Conservation ) CANCELLATION Contract 22-74 (1936-RZ) ) (Gov.C. X51283.4) State of California ) ss CERTIFICATE County of Contra Costa ) I am the Clerk of the Board of Supervisors of the County. The Board by Resolution No. 84/696, adopted on November 27, 1984, granted tentative approval for cancellation of the portion of the land conservation contract between the County of Contra Costa and the below-named landowner applicable to the below-described real property. Name of Current Owner: Shapell Industries of Northern California P.O. Box 1169 Milpitas, California 95035 Name of Landowner Requesting Shapell Industries of Cancellation Nothern California This real property is described in Exhibit "A", attached hereto and incorporated herein by this reference. A Certificate of Cancellation of Contract will be issued and recorded at such time as the following conditions and contingencies are satisfied: (1) Payment in full of the cancellation fee due under Gov.C. 5551283 and 51283.1, which fee is $32,985.00 (portion of Contract 22-75). Unless said fee is paid within one year from the recording of this Certificate, or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowner's Notice of Satisfaction of Conditions and Contingencies (Gov.C. 451283.4(b)). - 1 - 00 3204 (2) The landowner shall obtain approval for a Planned Unit District preliminary development plan within one year of the date of tentative cancellation, with a possible one year extension at the discretion of the Board of Supervisors. I declare under penalty of perjury that the foregoing is true and correct. Dated: November 27 , 1984 , at Martinez, California. PHIL BATCHELOR, Clerk of the Board and County Administrator Kelly R. Calhoun Deputy - 2 - �fryi Titie Services FIASI RATE SERVICE A7 n :-AIR PRrrr ?t; TRAHSAflERICA TITLE INSURANCE COMPANY 1821 MT. DIABLO BLVD LULNUT CREEK, CALIFORNIA MW X / r Lis-x-8050 i FOR ESCROR SERUICE PLEASE CONTACT: SHAPELL INDUST. OF N. CA 100 NORTH MILPITAS BLVD. MILPITAS CA 95035 ATTN: JOHN MOORE TEL. NO. 408-946-1550 04 COPIES c/o TA 01-14, 00 CCR i ESCROW NUMBER: ORDER NUMBER: O6-07-0070059 CLIENT'S REFERENCE: 6AL.E RANCH TITLE NUMBER: — — AMENDED NO. 2 PRELIMINARY REPORT 9 RESPONSE TO THE ABOVE REFEP.ORCED APPLICATION FOR A POLICY OF TITLE INSUKf4CE, TRAHSRMLTBCA TITLE INSL°11NCE COMPANY HEREBY MEETS THAT IT IS PREPARED ID ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A U;LIHMNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE 02 IN- TEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS MICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUI MNCE NOT SHOOK OR REFERRED TO AS AN EXCEPTION BOA OR NOT EXCLUDED FRDM COVERACE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS QF SAID POLICY FSU. THIS REPORT (AND ANY SUPPLEMENTS DR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AHD NO LIABILITY IS ASSUMED HEIDY. IF IT IS DESIRED THAT LIABILITY BE ASSUUED PRIM TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A OUTER OR CmmITUD:NT SHOULD BE REQUESTED. DATED AS OF MARCH 15, 1982 at 7: 00 A. M. CAROL ALLEN (OFFICER) 00 326 Pnct= � ' mansamenua nm Title Services �. FIRST RATE SERVICE AT.9 PAIR PRICE 06-07-0070059 Tie estate a' interest in the land described herein is a: FEE SIMPLE ? i 00 THE DATE SHOD! ANNE, THE ESTATE OR INTEREST REFERRED TO IEREIN IS VESTED IN: WESTERN TITLE 'INSURANCE COMPANY, A CORPORATION 'The land referred to herein is situated in the State of CALIFORNIA . County of CONTRA COSTA , City of UNINCORPORATED and is described as follows: LOTS 43 AND 53, SHOWN ON THE MAP ENTITLED, "MAP OF A SUBDIVISION OF PLOT •A OF THE DOUGHERTY RANCH, ALAMEDA AND CONTRA COSTA COUNTIES, CALIFORNIA, " FILED ON MAY 2, 1894, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CONTRA COSTA COUNTY IN BOOK B OF MAPS, AT PAGE 45. EXCEPTING THEREFROM: THE INTEREST CONVEYED TO CONTRA COSTA COUNTY, BY DEED RECORDED FEBRUARY 6, 1936, BOOK 408, OFFICIAL RECORDS, PAGE 128, " FOR USE AS A PUBLIC HIGHWAY. " . ASSESSOR 'S PARCEL NOS. : 206-040-001-3 (AFFECTS LOT 43)1 206-060-001-5 (AFFECTS A NORTHERLY PORTION OF LOT 53)-206-060-002-3 (AFFECTS A SOUTHERLY PORTION OF LOT 53) ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED E%CEPTIMS APD EXMLISIDNS CONTAINED IN SAID POLICY FORA YOOLD K AS FOLLONS: ITEM: A. TAXES, a lien, not yet due and payable. For Fiscal Year: 1982-83 00 32'7 PACE 2 i, . . Title Services FIRSTRATE SERVICE A7 A FAIR PRICE 06-07-OO7Og59 ! ;�-- `; ITEM: A. 01 �:: OOONTY TAXES, as follows: ..' 'For Fiscal Year: 1981-82 First Installment: $142. 82 DELINQUENT Penalty: $8. 56 .Second Installment: $142..82 DUE ` Land Value: $23# 640. 00 i ';. Account No. : 206-040-001-3 de Area No. : 66003 i :.ITEM: A. O2 THE ABOVE ITEM AFFECTS: LOT 43 ITEM: A.O3 i COUNTY TAXES, as follows: , - For Fiscal Year: 1981-82 First Installment: $10.99 DELINQUENT Penalty: 8. 65 Second Installment: $10. 99 DUE Land Value: $1, 820. 00 Account No. : 217-060-001-5 ' Code Area No. : 66031 ITEM: A. O4 : .THE ABOVE ITEM AFFECTS: A NORTHERLY PORTION OF LOT 53 i ITEM: A.OS COUNTY TAXES, as follows: For. Fiscal Year: 1981-82 First Installment: $106. 81 DELINQUENT Penalty: $6. 40 Second Installment: $106.81 DUE Land Value: $17, 680. 00 Account No. : 217-060-002-3 Code Area No. : 66003 00 328 PACE 3 .11q 11�Il�alll�l IGd - � 11_ Titie.SPrvices FIRSL RA TE SERVICE AT A FAIR PRICE 06-07-0070059 ;-ITEM: A. 06 ` .THE ABOVE ITEM AFFECTS: A SOUTHERLY PORTION OF LOT 53 rr ITEM: 1. '_.''-PROVISION IN THE DECREE IN PARTITION IN THE MATTER OF THE ESTATE OF ELIZABETH A. . DOUGHERTY, RECORDED MARCH 3, 1891, BOOK 59 DEEDS, PAGE 525, AS FOLLOWS: .'THAT THE ROADS SET APART AS PRIVATE ROADS BY SAID REFEREES BE ,AND THE SAME SHALL HEREAFTER REMAIN FOREVER A PRIVATE WAY FOR USE OF THE' PARTIES ' `TO THIS ACTION TO WHOM SAID LAND IS ALLOTTED THEIR HEIRS AND ASSIGNS. " ITEM: 2. ANY EASEMENT FOR WATER COURSE OVER THAT PORTION OF SAID PROPERTY WHICH LIES WITHIN THE LINES OF ALAMO CREEK AND TO ANY CHANGES IN THE BOUNDARY . :::LINES OF SAID CREEK (AS IT NOW EXISTS) BY NATURAL CAUSES. ITEM: 3. ' EASEMENT, and incidents thereto, `.: Granted to: PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION Recorded, Official Records: MARCH 23, 1960 Book/Reel: 3582 Page/Image: 320 Series/Instrument No. : 18093 " Purpose: TWO INDEPENDENT LINES OF TOWERS, WIRES, CABLES, FOUNDATIONS, FOOTINGS, CROSSARMS, INGRESS AND EGRESS . ,Affects: TRAVERSING A PORTION OF THE HEREIN DESCRIBED PROPERTY WITHIN i LOT 43. t ITEM: 3. 01 THE RIGHT TO TRIM AND CUT DOWN AND CLEAR AWAY TREES AND BRUSH ON EITHER SIDE OF SAID RIGHT OF WAY, AS PROVIDED FOR IN SAID GRANT OF EASEMENT. ITEM: 3. 02 And Recorded, Official Records: MARCH 23, 1960 Book/Reel: 3382 J0` . Page/Image: 325 Series/Instrument No. : 18095 00 329 PAGE 4 title Services F,IRSLRATE SERVICE AT A FAIR PRICE '4 .06-07-0070059 ITEM: 4. a: . EASEMENT, and incidents thereto, Granted to: PACIFIC GAS AND ELECTRIC COMPANY Recorded, Official Records: JULY 7, 1967 Hook/Reel: 5405 i Page/Image: 498 Series/Instrument No. : 41413 f Purpose: A LINE OF POLES, WIRES, CROSSARMS, GUYS, ANCHORS, INGRESS AND EGRESS Affects: TRAVERSING A PORTION OF THE HEREIN DESCRIBED PROPERTY WITHIN f LOT 43. i 1 ITEM: 4. 01 THE RIGHT TO TRIM AND CUT DOWN AND CLEAR AWAY TREES AND BRUSH ON EITHER SIDE OF SAID RIGHT OF WAY, AS PROVIDED FOR IN SAID GRANT, OF EASEMENT. I ITEM: 4. 02 And Recorded, Official Records: JULY 7, 1967 Book/Reel: 5405 Page/Image: 502 Series/Instrument No. : 41414 ITEM: 4. 03 And Recorded, Official Records: JULY 7, ' 1967 Book/Reel: 5405 • Page/Image: 506 - . Series/Instrument No. : 41415 i i ITEM: 5. AGREEMENT on the terms and conditions contained therein. Purpose: LAND CONSERVATION CONTRACT Dated: JANUARY 30, 1975 Executed by: WILLIAM H. 4AL•E, JR. ET AL �. Recorded, Official Records: FEBRUARY 26, 1975 Book/Reel: 7440 Page/Image: 796 Series/Instrument No. : 15692 Location: AFFECTS THIS AND OTHER PROPERTY. 00 330 PAGE 5