HomeMy WebLinkAboutMINUTES - 12161997 - D16 Contra
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TO: BOARD OF SUPERVISORS -
Costa
FROM: DENNIS M. BARRY, AICP County
COMMUNITY DEVELOPMENT DIRECTOR
DATE: December 16, 1997
SUBJECT: Grant Deed of Development Rights for Corrie Development Corporation, Alamo
Springs (Subdivision 7452), in the Alamo Area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. FIND that acceptance of the Grant Deed of Development Rights demonstrates
that Corrie Development Corporation is in substantial compliance with
conditions of approval #65, #93, #94 and #95.
2. AUTHORIZE the Chair to execute the Grant Deed of Development Rights
after it has been executed and notarized by Corrie Development Corporation.
FISCAL IMPACT
The County's cost to process the Grant Deed of Development Rights and hold the
special election is paid for the developer.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In May of 1995, Corrie Development Corporation, filed an amendment to Final
Development Plan DP933006 and Vesting Tentative Map 7452, to reduce the
number of units from 58 to 53. Following joint hearing held by the Danville Planning
Commission and the San Ramon Valley Regional Planning Commission that plan
was approved by the County Board of Supervisors on December 17, 1996 and the
Danville Town Council on January 21, 1997. 'A
CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE ?4TP,\
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON December 16, 1997 APPROVED AS RECOMMENDED X OTHER_
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Debbie Chamberlain (510/335-1213) ATTESTED December 16, 1997
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Corrie Development Corp. AND COUNTY ADMINISTRATOR
Vilhauer Construction Mgmt.
Town of Danville BY , DEPUTY
DC
J:\groups\cdadpool\debbie/alamospr.grd.
Alamo Springs Grant Deed of Development Rights
Board of Supervisors Meeting, December 16, 1997
Page 2
The action taken by the Danville Town Council in approving the project relating to
conditions of approval #45 and #93 was contrary to that taken by the Board of
Supervisors. To reconcile the differences, Corrie development requested
modification of the approved final development plan and parallel revision to the
approved vesting tentative map. Those modification were approved by the County
Zoning Administrator on May 19, 1997.
The conditions of approval require the applicant to participate in the provision of
funding to maintain and augment Police Services (Condition of Approval#65), Street
Maintenance (Condition of Approval #93), Park and Landscape Maintenance
(Condition of Approval#94) and Street Lighting (Condition of Approval#95) through
a special election process. Due to the two to three months needed to complete the
Proposition 218 election process, Corrie Development Corporation has requested
the County enter into an agreement that would facilitate the filing of their final map
prior to the election being completed. County Staff has proposed that the County and
applicant enter into Grant Deed Development Rights ("Grant Deed"). The Grant
Deed would require the applicant deed development rights over 28 lots within the
Unincorporated County (or 2/3 of the total lots), not request any building permits or
close escrow until the special election process is completed. That agreement is
included with this Board Order. If the Grant Deed is executed by the Applicant, staff
would recommend the Board of Supervisors find the applicant in substantial
compliance with aforementioned conditions of approval.
At the Board of Supervisors meeting on December 9, 1997, the Board requested
staff continue to work with the applicant to satisfy the outstanding conditions of
approval. To date, staff is reviewing minor changes to the final map and related
documents. Staff anticipates that the outstanding conditions will be complied with
and any related fees will be paid prior to the Board acting on the final map.
AFTER RECORDING, RETURN TO: RECORDED AT REQUEST OF:
CONTRA COSTA COUNTY Contra Costa County Public Works
Public Works Department Department
Engineering Services Division
255 Glacier Drive
Martinez, CA 94553
GRANT DEED
OF DEVELOPMENT RIGHTS
This deed is made by and between Corrie Development Corporation, Ine.1"Grantor')
and Contra Costa County, a political subdivision of the state of California, and its successors or
assigns, ("County"). ** Sidney Corrie, Jr. , Kjell H. Qvale and Kathryn C. Qvale ,
Trustees of the Kjell H. and Kathryn C. Qvale Family Trust UTA dated
RECITALS 6-2-83
Grantor desires to file its final map for Subdivision 7452, a fifty-three lot subdivision
containing forty-two lots in the unincorporated area of the County and eleven lots in the Town of
Danville plus common areas shown on Final Map for Subdivision 7452 which is to be recorded
concurrently with this grant deed of development rights.
Grantor desires to evidence its intent and to insure that it complies with Conditions of
Approval #65 (Police Services), #93 (Street Maintenance), #94 (Park & Landscape
Maintenance) and #95 (Street Lighting) ("Listed Conditions")for Subdivision 7452.
County deems this grant deed of development rights to constitute substantial
compliance with the Listed Conditions.
NOW, THEREFORE, to secure full compliance with the Listed Conditions, Grantor
hereby grants to County and to its successors_and assigns, all of the Development Rights as
defined herein below, over a portion of that property known as Lots twelve through twenty-one
(12-21) inclusive, twenty-six through twenty-eight inclusive,(26-28), thirty through thirty-two (30-
32) inclusive, thirty-four through thirty-eight(34-38) inclusive, forty(40). forty-one (41), forty-five
(45), forty-nine through fifty-three(49-53) inclusive, of Subdivision 7452, a total of twenty-nine
(29) lots, situated in the unincorporated area of the County of Contra Costa, State of California,
and more particularly described in attached Exhibit A(incorporated herein by this reference)
and identified.herein as Grantor's Property.
1
1. Development Rights. "Development Rights" are defined to mean and refer to
the right to approve any proposed construction, development or private improvements on all or
any portion of Grantor's Property.
2. Negative Easement. This Grant Deed is in the form of a negative easement
which shall run with said property and shall bind the current Grantor and any future owners of all
or any portion of said property. This Grant Deed is an agreement in writing affecting the title or
possession of Grantor's Property.
3. Development Restrictions. Grantor shall not approve of any construction,
development or private improvements on all or any portion of the Grantor's Property, except for
grading, road and drainage improvements, and Grantor agrees that it or its successors or
assigns will not request building permits or other permits, and no building permits or other
permits shall issue for the purpose of constructing residential or other private improvements on
all or any portion of Grantor's Property, except for grading, road and drainage improvements,
until enactment of a special assessment or special tax to fund the services in the Listed
Conditions and the reconveyance of development rights as set forth herein. Grantor hereby
waives and relinquishes any rights it might otherwise have to such permits. In addition, Grantor
shall not close escrow on the sale of any lots in the unincorporated area of Subdivision 7452
(12-53, inclusive) until the enactment of the special assessment or special tax and the
reconveyance of development rights as set forth herein.
4. Special Election. Grantor, at no expense to the County, shall proceed with and
take all necessary steps to initiate and complete the special election process for the special tax
or special assessment or other necessary funding mechanism and will vote to approve the
special tax or special assessment to supply funding to provide the services set forth in the
Listed Conditions. Grantor will submit its request to proceed with the special election, together
with all necessary documentation, in a form acceptable to the County within thirty (30) days of
the recording of this Grant Deed of Development Rights.
5. Formation of CSA M-30. Grantor will submit all necessary documentation in
order that the County may complete the formation of a County Service Area ("CSA M-30"),
which includes Lots 12-53 of Subdivision 7452, including Grantor's Property. CSA M-30 is to be
funded by the special assessment or special tax referenced herein and will provide the services
enumerated in the Listed Conditions.
6. Notice to Buyers. Grantor shall give written notice to future buyers of any lot
of all of the following:
A. County Service Area M-30 is in the process of being formed and that lots 12-
53 of Subdivision 7452 are within the proposed boundaries of CSA M-30;
B. An assessment will be levied annually on each lot to pay for police service,
park and roadside landscape services, public street maintenance and public
street lighting that will be provided by CSA M-30; and
C. The approximate amount of the assessment on each lot; and
2
!
D. Neither Grantor nor any future home buyer may request any building permits
or close escrow on any lots or residential units until enactment of the special
assessment or special tax or other necessary funding mechanism.
7. Term of Grant of Development Rights. This Grant of Development Rights
shall continue, as to Grantor's Property and every portion thereof, until such time as County or
its successor public agency, following the special election, enacts the special assessment or
special tax for the CSA M-30, at which time Grantor may request and County shall deliver to
Grantor, its successors or assigns, an instrument in recordable form quit claiming these
Development Rights. All expenses incurred to reconvey development rights to Grantor shall be
paid by Grantor.
8. Time of Essence. Time is of the essence in completing the special election
process; both Grantor and County will promptly and diligently cooperate to achieve the
enactment of the special tax or special assessment in as.timely a manner as possible.
9. Remedies. Should Grantor violate any of the provisions hereof, County shall be
entitled to all rights and remedies available at law or in equity, including without limitation, an
order enjoining the activity in violation hereof and an order requiring the removal of the
improvements constructed in violation hereof. In addition, County shall be entitled to an award
of all expenses incurred by County in pursuing such violation(s), including costs, interest,
attorneys' fees and other litigation expenses.
IN WITNESS WHEREOF, this Grant Deed of Development Rights is signed and
executed this 16th day of December , 19 97
COUNTY GRANTOR
COUNTY OF CONTRA COSTA CORRIE DEVELOPMENT
CORPORATION, INC.
By����� By
Chair, Board of Supervisors Name/Title
Mark DeSaulnier Sidney Corrie, Jr.
By
Name/7itle
[SIGNATURES MUST BE NOTARIZED]
3
Dated December 16, 1997
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On December 16, 1997 before me,
Phil Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appeared Supervisor Mark DeSaulnier
who is personally known to me (or 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
acknowiedged to me that he/shelthey 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.
By:
putt' Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On 12111, m 7 before me, D V�2—AX v ,
D to Name and Trtle of r(e.g.,"Jane Doe, otary Public")
personally appeared �— /.-PN 6-y �!6 ►2. ��
Names)of Signer(s)
El personally known to me—OR—❑ roved to me on the basis of satisfactory evidence to be the person(s)
whose namef s)is/ace-subscribed to the within instrument
and acknowledged to me that he/sheA hey-executed the
same in his/bazA#eir-authorized capacity4i"s , and that by
UNDO HOOVER his/herMetr-signature(s}on the instrument the person(s);
Commission# 1154215 or the entity upon behalf of which the persoJ—acted,
y Notary Public-Ca)ifomia executed the instrument.
z Contra Costa County
My Comm.rxp'res SeD 5,2001 WITNESS m�y� and and officials I.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) laimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
`i Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
D. Neither Grantor nor any future home buyer may request any building permits
or close escrow on any lots or residential units until enactment of the special
assessment or special tax or other necessary funding mechanism.
7. Term of Grant of Development Rights. This Grant of Development Rights
shall continue, as to Grantor's Property and every portion thereof, until such time as County or
its successor public agency, following the special election, enacts the special assessment or
special tax for the CSA M-30, at which time Grantor may request and County shall deliver to
Grantor, its successors or assigns, an instrument in recordable form quit claiming these
Development Rights. All expenses incurred to reconvey development rights to Grantor shall be
paid by Grantor.
8. Time of Essence. Time is of the essence in completing the special election
process; both Grantor and County will promptly and diligently cooperate to achieve the
enactment of the special tax or special assessment in as timely a manner as possible.
9. Remedies. Should Grantor violate any of the provisions hereof, County shall be
entitled to all rights and remedies available at law or in equity, including without limitation, an
order enjoining the activity in violation hereof and an order requiring the removal of the
improvements constructed in violation hereof. In addition, County shall be entitled to an award
of all expenses incurred by County in pursuing such violation(s), including costs, interest,
attorneys'fees and other litigation expenses.
IN WITNESS WHEREOF, this Grant Deed of Development Rights is signed and
executed this /6"' day of �t �,,,� , 19-3-7—
COUNTY
97COUNTY GRANTOR
CO TY OF CONTRA COST CORRIE DEVELOPMENT
CORPORATION, INC.
B BYAA o
Chair, Board of S rvisors Name/Title;f=L��
B
Name tle Sidney Corre ,Jr
[SIGNATURES MUST OTARIZED
BY: /
K 1- ITI Qvale, Trustee
3 �':?%�% vow YL• ?
BY:
Kathryn C. vale, Trustee
CALIFORNIA ALL-PURPOSE ACKN dlli :EDGMENT
4 1
1 i
State of
County ofa��11r°��
before me,
Date�[ Namevnd Tipey�Off er(e.g.,"Ja a Doe,Notary blit")
personally appeared `� �1 1T• Q V D� p(� � L M C. Vail le
Name(s)of Signer(s) )
❑personally known to me–OR–❑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.
PETER L KLEINCom )
Notary�blic on#1142842
CcOornio WITNESS my hand n ffici Ise 1.
Alameda county
4AMY Comm.Expires Jim 20.2001 )
Sign ure of Notary Public )
I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
o,�.�
Title or Type of Documents+ "' V@ lopnll�~� �•b�h '�
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
CaP acity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
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ED.Individual ❑ Individual )
❑ Corporate Officer ❑ Corporate Officer )
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee )
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
i
Signer Is Representing: Signer Is Representing:
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01995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
l
�1
State of Ca
.i
County of
O�E�C�rnbe� a.3 Ig4�1r L. �� � �o 1.
r before me, � u )
Da r �3La and Title of Officer( .g.,"Jane Doe,Notary Public-) i
personally appeared C� �P `'f`'� y
Name(s)of Signer(s) )
personally known to me—OR—❑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 i
his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, i
,i
executed the instrument.
PETER L KININ
Cornn*fiton 11142842 )
Notary K"C—CCS W40 � WIT SS my hand official seal.
Alameda county
My Comm.Expires Jim 20.2001 �� )
Si azure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent i
fraudulent removal and reattachment of this form to another document.
I
Description of Attached Document i
(� � X to
(' Title or Type of Document(_ _k � 9"al K 4Y6
i
Document Date: Number of Pages:
Signer(s) Other Than Named Above: i
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
i
( ❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact )
❑ Trustee ❑ Trustee i
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
I
Signer Is Representing: Signer Is Representing: i
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®1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
RE: Subdivision 7452
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described as follows:
All of the Parcels 12-21, 26-28, 30-32, 34-48, 40, 41, 45, 49-53 as shown on the map of Subdivision 7452
on file at the County Recorder's Office as follows:
Recording Date:
Map Book:
Page:
NL:fp
G:\CnpData\EngSvc\NEIL\DECEI%OER\sub7452.wpd
REQUEST TO SPEAR FORM
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers'
rostrum be�ff re addressing/ t/hef Board.
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y �
Address: U ( O /P e riDd of _ City: Ct e
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(name of organization)
CHECK ONE: I
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cl
Address: 02 14 6,� Zd6,,x City: /le-
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(name of organization)
CHECK ONE: ( Z
I wish to speak on Agenda Item # b 16 Date: �- /� �? -7-
My
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Board to consider:
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(THREE (3) MINUTE LIMIT) /0
Complete this form and place it in the box near the speakers'
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Name: .�c���c-,/E Phone: 83-2 -5 '3
-570 CA 4=1OAvZ>A
Address: 6.�� ��! �"�� �� City:
I am speaking for myself or organization:
(name of organization)
CHECK ONE:
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before addressing IM 87i-U.
titame: i
Address.
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oraantzaA**
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My comntertts will be: generic for
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( THREE (3) MINUTE LIMIT) 0
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board
Name: U Phone; ko 5G
Address: �� ���r�C� Citi►: ���� —
i am speaking for myself° Ororganization:
Name Of oraantsstioN
CHECK ONE
1 wish to Weak on Agenda Item #� Dat
_Lj I �,,�qj
My wilt be; general _for_agai .
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to consider:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 16, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/699
SUBJECT: Approval of the Final Map for Subdivision 7452, Danville area.
Subdivision 7452 is partly within the Town of Danville and the County. The subdivision road
and drainage improvements will be privately maintained upon completion.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 7452, property located in the Danville area, said map
having been certified by the proper officials;
H. Subdivision Agreement
A Subdivision Agreement with Corrie Development Corporation, subdivider, whereby
said Subdivider agrees to complete all improvements as required in said Subdivision
Agreement within one year from the date of said agreement. Accompanying said
Subdivision Agreement is security guaranteeing completion of said improvements as
follows:
A. Cash Deposit
Deposit Amount: $8,801
Deposit Made By: Corrie Development Corporation
Auditors Deposit Permit No. and Date: 305931 (December- 15, 1997)
B. Surety Bond
Bond Company: Great American Insurance Co.
Bond Number and Date: 2904491 (December 11, 1997)
Performance Amount: $871,299
Labor and Materials Amount: $435,650
Principal: Corrie Development Corporation
SUBJECT: Approval of the Final Map for Subdivision 7452, Danville area.
DATE: December 16, 1997
PAGE -2-
III. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the current 1997/98
tax lien has been paid in full.
NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions
for its design and improvement, is DETERMINED to be consistent with the County's General and
Specific Plans;
BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does
not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED.
NL:mw:fp (;hereby cetttly..that this Is a true and correct 07 of
G:\ENGSVC\BO\BO7452.WPD en action fatten and ent^rsd on u:o ^dnutea Ot ttf9
board of Superv:aors on Vn. 'a o shown.
Originator:Public Works(ES) ArrESTED:December 16�1997
Contact: Rich Lierly(313-2348) PHIL BATCHELGR,Cia-': 1 card
of Supervisors anJ Ccun:�:'.�m:r,strator
cc: Public Works-R.Bruno,Construction '
Current Planning,Community Development _ Deputy
Corrie Development Corporation
7950 Dublin Boulevard,Suite 111,Dublin,CA 94568