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Home My WebLink AboutMINUTES - 02281989 - 1.83 ti -- — 1. 83 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 28, 1989by the following vote: AYES: Supervisors Powers, Fanden, . McPeak and Torlakson NOES: None ABSENT: Supervisor- Schroder ABSTAIN: None RESOLUTION NO. 89/ 125 (Government Code 51280, et seq.) SUBJECT: Final Cancellation ) of Agricultural Preserve ) Contract 22-69 (Bettencourt ) Ranch) ) The Board of Supervisors of Contra Costa County RESOLVE: On December 1, 1987, by Resolution No. 87/704, the Board of Supervisors granted tentative cancellation approval for Agricultural Preserve Contract #22-69. The contract affects property commonly known as the Bettencourt Ranch and identified as Assessor's Parcel Nos. 220-060-008 and 220-060-011. A Certificate of Tentative Cancellation (attached as Exhibit A) was recorded on December 4, 1987 in accord with the tentative approval decision of the Board. That certificate required (1) the payment of cancellation fees in the amount of $40,529.00 and (2) approval of a Planned Unit District preliminary development plan within one year of the date of tentative cancellation, with a possible one year extension. On December 3, 1987 a deposit permit (attached as Exhibit B) was issued by the office of County Auditor-Controller indicating that the County had received payment of the required cancellation fee. On November 29, 1988, the Board of Supervisors granted a one year extension of the period for the issuance of a Certificate of Cancellation of contract (attached as Exhibit C) . On January 17, 1989, the Board of Supervisors approved a planned unit district preliminary and final development plan approval for the Bettencourt Ranch project providing for a maximum 469 residential units and open space area. The Board order approving the project is attached as Exhibit D. Based on this evidence, the Board of Supervisors finds that all conditions and contingencies associated with the tentative cancellation decision have been satisfied. The Board directs the Clerk of the Board to file with the County Recorder a Certificate of Cancellation of Contract pursuant to Government Code Section 51283.3. H EB/RD:c g I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of On Or i g. :Community Development Board of Supervisors on the date shown. cc: County Counsel ATTESTED: February 28,, 1989 Jerry Bettencourt PHIL BATCHELOR,Clerk of the Board Braddock & Logan All -and County Administrator Thiessen, Gagen & McCoy bob3/can22-69.res By .15epttty 89/125 . L RECORDING REQUESTED BY: Contra Costa County 87 254902 RECORDED AT REQUEST OF WHEN- -RECORDED RETURN DEC 419$7 TO CLERK, , BOARD OF SUPERVISORS AT O'CLOCK P M. CONTRA OSTA COUNTY RECORDS J.R. OISSON COUNTY RECORDER FEE 5 J. BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Re: Tentative Cancellation of Land Conservation Contract CERTIFICATE"7OF ;� No. 22-69 between Contra TENTATIVE Costa County and Jerry CANCELLATION Bettencourt, dated February (Gov. Code §51283. 41 25 , 1969, Pertaining to Property Identified as Assessor' s Parcel Nos. 220-060-008 and 260-060-011 I am _the Clerk of the Board of Supervisors for Contra Costa County, California. The Board of Supervisors by _ Resolution No. 87/ 704 adopted on December 1 , 1987, granted tentative approval for cancellation of the land conservation contract between the County of Contra Costa and the below named landowner. Name of Landowner Requesting Jerry Bettencourt Cancellation: 3641 Camino Tassajara Rd. Danville, CA 94526 Real Property For Which Legal Description Attached Contract is Cancelled: Hereto as Exhibit "A" rT- -1- i 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 Government Code §51283 , which fee is $40, 529. 00. 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 [Government ;Code §51283. 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 (or r the Town of; Danville if annexed) . i Dated: December 1 , 1987 BOARD OF SUPERVISORS CONTRA COSTA COUNTY i I Phil Batchelor, Clerk of the Board of Supervisors By J anne 0. Maglio Deputy Clerk I ' -2- EXHIBIT "A" PARCEL ONE: Portion of the West 1/2 of Section 31, and the West 1/2 of the Northeast 1/4 of Section 31, Township 1 South, Range 1 East, -Mount Diablo Base and Meridian, more particularly described as follows: i Beginning at the intersection of the West line of said Section 31 with the center line of the County Road leading from Tassajara to Danville; thence from said point of beginning north along the west line of said Section 31 to a point distant thereon 10. 96 chains South from the Northwest corner of said Section 31; said point being ;on the South line of the parcel of land described in the ,'deed to B.A. Silva recorded January 29, 1912, Book 178, Deeds, page 41; thence East along the South line of said Silva Tract, parallel with the North line of said Section 31, 41. 08 chains to the Southeast corner of said Silva Tract; thence North along the East line of said Silva Tract, parallel with the West line of said Section 31, 10. 96 chains to the North line of; said Section 31; thence East along the North line of said Section 31 to the Northeast corner of the West 1/2 of the Northeast 1/4 of said Section 31; thence South along the east line of; the west 1/2 of the Northeast 1/4 of said Section 31 to the Southeast corner of the West 1/2 of the Northeast 1/4 of said Section; thence West along the South line of the West 1/2 of the Northeast 1/4 of said Section 31 to the Southwesterly corner of said West 1/2 of the Northeast 1/4 of said Section; thence South along the East line of the West 1/2 of said Section 31, 21. 30 chains, mor or less, to the center of the County Road; thence along the center of said County Road, as follows: South 37° 15 ' West 4. 21 chains; North 770 45 ' West 7. 21 chains; North 660 15' West, 1: 52 chains; South 840 45' West, 15. 90 chains; South 690 30 ' West, 3. 99 chains, South 790 West, 4. 02 chains; and thence North 84° 15' West, 5. 46 chains to the point of beginning. Excepting From Parcle One: The parcel of land conveyed in the deed to Pacific IGas and Electric Company, recorded May 27, 1977, in Book 8350, Page 91, Official Records. PARCEL TWO: Portion of the Southeast 1/4 of Section 31, Township 1 South, ' ' Range 1 East, Mount Diablo Base and Meridian, described as follows EXHIBIT "A" Page Two Beginning on the north line of said southeast 1/4, distant thereon north 89 33 ' east, 1330. 80 feet from the northwest corner of said southeast 1/4; thence from said point of beginning, south 891 33 ' west, along said north line, 1330 . 80 feet; thence south 20 30 ' east, 1405. 80 feet to the center line of the old County Road known as Camino Tassajara; thence along said, center line as follows: North 48° east, 99. 66 feet; north; 530 30 ' east, 99 . 66 feet; thence 490 15 ' east, 120 . 12 feet', and north 890 52 ' 30" east, 1030. 15 feet to a line drawn south 0° 22 ' 15" east, from the point of beginning; thence north 00 22 ' 15" west, 1211. 23 feet to the point of beginning. Excepting From Parcel Two: That portion thereof lying south of the north line of the Old County Road referred to in said Parcel Two. i I 1 I i i I i I I I i i I COUNTY OF CONTRA COSTA DEPOSIT PERMIT FICE OF COUNTY AUDITOR-CONTROLLE • `O THE TREASURER: I MARTINEZ,CALIFORNIA IECEIVED FROM t I � (1,- r-k - (rr�r';? < ORGANIZATION NUMBER IOrgonizotion) (For Cosh Collection Procedures see County Administrator's Bulletin 105.1 DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT i ACCT. I � I � 1 1 t � 1 t I ' I � t t I i I 1 I I � I t I t t 1 ' I t t I I t I t EXPLANATION: , TOTAL S ' DEPOSIT 17"0 5a9�� e-n r.. 2 G. �l c•J �O IGn �J Deposit consists of the following items / 7 -r\z COIN and CURRENCY $ f52IUG' CHECKS,M.O.,ETC. $ Ci BANK DEPOSITS $ i K �� f 1 �Z ` FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT 1 3 2 9 6 1 n P, CL PERMIT DP S&D / `A'm(✓1O I TR S SA R� NUMBER -7 JJIcII-nu> I ASSIGNED The amount of money described obove is for Treasurer'.ript of above amount is pproved. Receipt of above amount is hereby depos' ' to the County Treasury. acknowledged. Signed: l9� pare 42 j_5 ' / I y signed: Signed �1 l4 Title: Deputy tounty Auditor Deputy County Treasurer D-34-REV, 8/81 j r.