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HomeMy WebLinkAboutMINUTES - 12162003 - C89 TO: BOARD OF SUPERVISORS {•�`�' � Contra' FROM. DENNIS M. BARRY, AICDk'S Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: DECEMBER 16, 2003 SUBJECT: AUTHORIZATION FOR GENERAL PLAN AMENDMENT STUDYFOR A PORTION OF APNS 011-240-001,AND 015-16€I-0011002 ADJACENT TO DISCOVERY BAY DIVEST, THE DISCOVERY BAY AREA, AS REQUESTED BY HOFMANN LAND DEVELOPMENT(COUNTY FILE # GP 03-0007) (SUP. DIST. 111) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROU'N'D AND JUSTIFICATION RECOMMENDATIONS 1. AUTHORIZE a General Plan Amendment study for portions of APNs:';011-240-001 and 015-160-0011002,located adjacent to and on the east side of Discovery Bay West, and generally north of Paint of Timber Road,in the Discovery Bay area,as requested by the Hofmann Land Development Company, to change the General Plan land use designation from Agricultural Lands(AL)to Single Family Residential-Medium Density (SM)and rezone to an appropriate residential zoning district. 2. ACKNOWLEDGE that granting authorization for this request does not imply any support for the application to amend the General Plan, but only that this matter is appropriate for study. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO!! ITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON =r 16, 2003 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS{ABSENT None } CORRECT COPY OF AN ACTION TAKEN AND AYES: NIKES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: P.Roche,CDD-AP(925)335-1242 ATTESTED Deer 16_,_2003 cc:CDD JOHN SWEETEN, CLERIC OF THE BOARD OF Public Works Dept. SUPERVISORS AND COUNTY ADMINISTRATOR CAO Countyi Disove Town of Disovery Bay CSD(via CDD) Hofmann Land Development Co(via CDD) BtL"otiPUTY Board of Supervisors re:GPA Study Authorization for GPA study for Hofmann Land Development Co. December 16,2003 County File#GP 03-0007 Page 2 FISCAL IMPACT None. If authorization is granted the applicant shall pay fees to cover the cost for a General Plan Amendment and other fees for associated applications. BACKGROUND/REASONS FOR RECOMMENDATION The Community Development Department has received correspondence from the Hofmann Land Development Company requesting a General Plan Amendment study on approximately 137 acres over several parcels adjacent to the east side of Discovery Bay West and generally located north of Point of Timber Road the unincorporated area of Discovery Bay. The GeneralPlan Amendment Study request involves portions of APNs: 011-240-001,015- 160-001, and 0150-160-001/002,also described as all of Parcel J and a portion of Parcel 1 of Subdivision 8570 plus Parcel E of Subdivision 8577.These parcels,which comprised of land that was once part of the Fallman Ranch property, are owned by the Failman Land Investment Company,an entity of the Hofmann Land Development Company.This land area is currently designated Agricultural Lands(AL)under the General Plan and sits within an A- 2: General Agricultural zoning district. The Hofmann Land Development Company is proposing to change the land use designation on this land area from AL to Single Family Residential-Medium Density in support of a proposal for a 443 unit residential'subdivision plus a possible marina. As explained in the correspondence from the Hofmann Land Development Company,this request results from the re-designation of the easterly portion of the land area as non-wetland by the U.S.Army Corps of Engineers,and they have provided the Department with supporting documentation in the form of a revised Wetlands Delineation Map. A map of the subject site attached as Exhibit "A" is included with this Board Report. As illustrated on the map,the subject site is located within the Urban Limit Line and adjacent to an existing residential area that is designated as SM.The subject site is vacant and from a topographic standpoint is generally level. Staff notes that approximately 57 acres of the former Failman Ranch property was the subject of Grant Deed of Development Rights to the County by the Hofmann Land Development Company as one of the Conditions of Approval for the Discovery Bay West project. A copy of the Grant Deed of Development Rights is attached as Exhibit B to this report. The Grant Deed of Development Rights does not necessarily prohibit or preclude the County from considering a Generali Plan Amendment study that would evaluate the conversion of agricultural land to a residential use as requested by the Hofmann Land Development Company. However,the General Plan Amendment study's consideration of the change from an agricultural use to residential use, should be based, in part, on valuable consideration offered by the Hofmann Land Development Company in exchange for the County vacating or relinquishing the development rights that have been dedicated to the County, and this should be in addition to the public interest finding the County must consider which would be a part of the General Plan Amendment study. Board of Supervisors re: GPA Study Authorization for GPA study for Hofmann Land Development Co. December 16, 2903 County File#GP 93-0007 Page 3 BACKGROUNDfREASO'NS FOR RECOMMENDATION -continued Based on the above understanding of the County's potential vacation or relinquishment of development rights on the 57 acres of the former Fallman Ranch property, staff believes that the request for a General Plan Amendment study is reasonable given the recent wetlands delineation mapping for the site. The subject site provides an opportunity to consider an infill residential development on a site within the Urban Limit Line that is not constrained by topography or other significantly sensitive natural features. Therefore, the Department recommends that the Board authorize the General Plan Amendment study. Authorization of this study does not imply any support for the application to amend the General Plan, but only that this matter is appropriate for study. Attachment Exhibit"A"Letters from Hofmann Land Development Co. Exhibit"B";Grant Deed of Development Right for 57 acres of the former Fallman Ranch Property GAAdvance Pianning\adv-pian\Board Orderslhofmannfaiimangparequest.doc Exhibit "A" Letters from Hofmann Land Development Co. H 0 F M A N N LAND DEVELOPMENT C O M P A N Y October 22, 2003 Contra Costa County Community Development Department 255 Glacier Drive Martinez, CA 94553 Gentlemen: Attached is our check in the amount of$ 750.00 which together with this letter constitutes our application for authorization to perform a General Plan Amendment Study on a portion of Assessor's Parcel Numbers 011-240-001, 015-160-001 and 002, also described as all of Parcel 3 and a portion of Parcel I of Subdivision 8570 plus Parcel E of Subdivision 8577. A plat map more accurately describing the property is attached as exhibits"A" and"B" Hofinann Land Development Company requests this General Plan Amendment to permit the development of the subject property as a single family residential project with 443 single-medium family units plus a possible marina. The Discovery Bay West General Plan Amendment(GPA 4-93- EC) approved the development of 2,000 units within the Discovery Bay West project boundary. This request for 443 units on 137 acres preserves both the unit count and the uses contemplated by the original approvals. This request results from the redesignation of the easterly portion of the subject property to non-wetlands by the US Army Corp of Engineers. Sincerely, Land Dev pment Company. a Lennon Senior Vice President 1380 GALAXY WAY • P.O. BOX 758 • CONCORD, CA 94522 • PHONE 925/682-4830 • FAX 925/682-4771 r' f.J ,�j N x r. €� t 19 Sm 137± ACJ a H $ ° a, � yl BALFOURROAD s P. ? t 1- (J", i 3 t igiia dw�4s A : h � � 1 d. z ifs§ ivk $ j rl GM z'ti.^4NOW ori ' e a g � r ! i, �' St „!�a'4S# GrJ� ;Y6 OkA'.AF4C2 76uS�?kn.3uY i !.+ ktask.9q 24••4" :LWR"m x14?Y.u2t&€Ms: f#[45 {l:p tiR 3dzr'.zkW-R f[4:',4MMC3R''i 3'1 43< q .. r 0' 700' 2400` 2100' 2800' SCALE: 2"=700' Carlson, Barbee PROPOSED LAND USE DESIGNATION &Gibson, Inc. THE LAKES AT DISCOVERY BAY ctVa.ENGNdEEM.SURVEYORS•PLANNERS CONTRA COSTA COUNTY, CALIFORNIA 2603 Camino i2arrion,suture 000.San Ramon,ca 94563 OCTOBER I5,2003 925886.0322•Pax 925.666-6675 .Joe NO.083-50 F:\89093-50\ACAO\Exhibit\GENPLANAMEND4.dwg Oct 15,20 03 — 10:12amMGordis H 0 F M .A N N LAND DEVELOPMENT C 0 M P A N Y November 3, 2003 rx Mr. Patrick Roche ' Contra Costa County Public Works Department 651 Pine Street 4t Floor ` Martinez,CA 94553 Dear Patrick: Attached are the documents your requested in our recent conversation regarding our request for general plan amendment at Discovery Bay West. 1. Two copies Zentner and Zentner delineation 2. Two copies'US Army Corps of Engineers letter confirming delineation 3. Two copies maps more completely showing the parcels involved in this request by Subdivision Map. Sincerely, HW. Lennon ment Company Senior Vice President 1380 GALAXY WAY 0 P.Q. BOX 758 0 CONCORD, CA 94522 • PHONE 925/682-4830 * FAX 925/682-4771 ................... NOU-04-2003 88:33 CRRLSON, BARBEE & GIBSON 5258668575 P.02 i� Cx7 I� PARCEL SUBD 8570 i PARCEL 0 BALr4UR SUBD 8570 ROAD PARCEL J 1{` SUBD 8570 ••s> , t,. PAIF(EL f _ - V;17 7 f J.6 y ARS 0' 700' 1400' 2100' 2800' �r SCALE: !"=700` Carlson, Barbee GEIN F: A�,, PLAN ADN-,-EDMEN''T' EXHIBIT &Gibson, Inc. THE LAKES AT DISCOVERY BAY CONTRA COSTA COUNTY, CAL.IF©RNIA civli���Eas-sur��ro� �uNaEas 2 SG V.�vSBBbt A,20032603 Camino Ranfon,bvlw 63 100.4"Ramon,CA 945 625866-0322-tax$2'•895=8575 70D NO.093.30 ww.=a 4=m E:\99093-50\ACAO\Exhibit\GENPLANAMEND5,dz Nov 04,2003 -y 9;Z3ai Mcnrdis T07PL P.02 DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS 1325 J STREET REPLY To SACRAMENTO,CALIFORNIA 95814-2922 ATTENTwN OF September 22, 199 2 Regulatory Section (199200565) NONE EA Engineering, Science, and Technology Attn: Mr. Bruce Orr 41 Lafayette Circle Lafayette, California 94549 _ Dear Mr. Orr: This letter is in response to your request for a wetland delineation verification for the Discovery Bay Project site, the location of the project is in Sections 14, 23, & 26, Township 1 North, Range 3 East, M.D.B. & M. , in Contra Costa County, California. We have reviewed and verified the wetlands delineation map of the Discovery Bay West Project site that was dated by EA on June 19, 1992, and the report submitted on June 25, 1992. This delineation was generated out of these submitted articles and a site visit conducted by Ms. Karen Shaffer and Ms. Kathy Norton of this office on August 5, 1992. We agree with your delineation which shows that the 806 acre site contains 227.86 acres of jurisdictional waters. The delineation shows that the site contains the following special aquatic sites or other waters of the United States: 121.1 acres of farmed seasonal/temporary wetlands, 1. 16 acres of jurisdictional drainage ditches, 40.0 acres of alkali marsh, 12.0 acres of alkali meadow, 22.8 acres of alkali grassland, 6.8 acres of valley sink scrub, 1.0 acres of fresh water marsh, 7.7 acres of aquatic bed/mud flats, and 15.3 acres of open water. Additionally, because a federally listed candidate 2 species, San Joaquin spearscale (Atriplex patula ssp. spicata) , was first observed on the study site during the August 5, 1992 meeting, a rare plant survey will need to be conducted for additional rare species. Proper evaluation of the site is needed because the U.S. Army Corps of Engineers may not issue any permits that may cause possible_ jeopardy to the existence of endangered species as stated by the National Endangered Species Act. Our jurisdiction in this area is under Section 404 of the Clean Water Act. A Department of the Army Permit is required prior to discharging dredged or fill material into waters of the United States. Also our jurisdiction for Werner Dredger Cut and surrounding waterways is under Section 10 of the Rivers and 2 Harbors Act. A department the Army Permit is required for any work in a navigable waterway. Therefore, a permit will be required: prior to work in navigable waters or filling any of the waters present on the Discovery Bay West Project as ';identified on the verified wetlands map. The type of permit processing required will depend upon the type and amount of waters which would be lost or substantially adversely modified by fill or dredging activities. The U.S. Army Corps of Engineers guidelines for issuing permits requires the applicant to first avoid impacts, then minimize and finally compensate for impacts. Upon initial review, the Discovery Bay West Project as currently designed may not qualify for a U.B. Army corps of Engineers permit because it shows no evidence of avoidance of impacts to the wetlands. This verification is valid for three years from the date of this letter. Please refer to identification number 199200565 in any future correspondence concerning this project. If you have any questions, please write to Ms. Kathy Dorton, Room 1444 at the letterhead address, or telephone (916)557-5260. Thank you for your cooperation in this process. Sincerely, Tom Coe Chief, Regulatory Unit 1 Copy Furnished: v"The Hofmann Company, Attn: Mr. Dan Boatwright, 1380', Galazy Way, P.Q. Box 907 Concord, California 94.522 Exhibit "B" Grant Deed of Development Right for 57 acres of the former Faiiman Ranch Property RECORDED AT THE REQUEST OF: Contra Costa County Community Development Department Wf-IEN RECORDED MAIL TO: Contra Costa County Community Development Department 651 Pine St., 4t'Floor North Wing Martinez CA 94553 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY APN. 0311-244-001, 015-160-002 GRANT DEED OF DEVELOPMENT RIGHTS WEST PORTION OF FALLMAN RANCH PROPERTY This Grant Deed is made by and between the Grantor, FALLMAN LAND INVESTMENT CO., a California Corporation, and its successors and assigns("Grantor") and the Grantee, CONTRA COSTA COUNTY, a political subdivision of the State of California, and its successors and assigns C County„). RECITALS A. Section 3.8 of the Land Use Element of the 1995-2010 Centra Costa County General Plan provides as a policy for review of the Discovery Bay Nest Project("Project") that it shall include dedication of development rights to the Falhnan Ranch. 1 B. Section 6.E. of the Conditions of Approval for the Project requires the dedication of development rights to the 200-acre Fallman Ranch east of Villages III and IV of the Project to County or another acceptable agency prior to recording the Final Map for any phase of Villages III or IV. C. Grantor is the developer of the Project and the fee owner of Fallman;Ranch, including that portion of Failman Ranch as described in Exhibit A and as depicted on Exhibit B, both of which are attached hereto and incorporated by reference as if fully set forth herein. The portion of Fallman Ranch described in Exhibit A and depicted on Exhibit B shall hereinafter be referred to as the "Property:" D. Grantor desires to evidence its intent, and to insure, that the obligations specified herein are covenants, conditions and restrictions that run with the land and are for the benefit of the County. NOW, THEREFORE, for the good and valuable consideration, including but not limited to the agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to County, and its successors and assigns, on the terms and conditions set forth below, all of the Development Rights on the Property. 1. Recitals. The recitals are intended to be and shall be part of this Grant Deed and the acceptance thereof. 2. Development Rights. "Development Rights"are defined to mean and refer to the right to divide, develop, install or construct improvements on all or any portion of the Property. 2 3. Negative Easement. This Grant Deed is in the farm of 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 the Property. 4. Development Restrictions. Except as provided herein, Grantor shall not divide,develop, install or construct improvements on all or any portion of the Property, and Grantor agrees that no building permits or other permits shall be issued for the purpose',of constructing improvements on any part of the Property. Granter hereby waives and relinquishes any rights it might otherwise have to such permits. 4.1 Plans and SMcifi,ations: County Approval. Any and all improvements on the Property will be performed as directed.by County or its successor public agency. Grantor shall cause plans and specifications for improvements to be prepared by competent persons legally qualified to do the work and to submit said improvement plans and specifications to County for approval prior to commencement of any work, and shall pay any County improvement plan review and inspection fee. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval or, upon annexation of the Property to any city, in accordance with the applicable city standards. Grantor agrees to commence and complete the work within the time specified by County. 4.2 Development of Property. The following specified uses might be allowable on the Property, subject to Grantor first obtaining all necessary permits from the County. 4.2.1 Utility systems and all necessary fixtures, including pipelines, underground telemetry and electric cables or appurtenances thereto. 3 4.2.2 Drainage systems for storm water, floodwater and other surface water. 4.2.3 Landscaping and irrigation. 4.2.4 Power, cable, telephone, fiber optics and other transmission lines. 4.2.5 Trails for the use and enjoyment of the owner and its designated parties. 4.2.6 Uses existing as of the date of execution of this Grand Deed, and permitted by existing easements. 4.2.7 A marina and related improvements, which may include boat docks, ramps, piers and docking facilities, dry boat storage facilities, marina access driveways and parking facilities, and channel improvements. S. Covenants Running .With Land. This Grant Deed shall be binding on the parties hereto and the provisions hereof shall be covenants running with the land and shall inure to the benefit of and be binding on the heirs, successors and assigns of Grantor, County and all of the Property and all other parties having or acquiring any right, title or interest in any part of the real property encumbered by the easement described herein. 6. 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, attorney's fees and other litigation expenses. 4 IN WITNESS WHEREOF, this Grant Deed of Development Rights is signed and executed this day of , 2003. GRANTEE GRANTOR CONTRA COSTA COUNTY FALLMAN LAND INVESTMENT CO. By: By: Chair,Board of Supervisors President Approved: By: Community Development Department Approved as to Form: Silvano B. Marchesi County Counsel By: Deputy County Counsel Exhibits Exhibit A: Legal Description of Property Exhibit B: Plat to Accompany Legal Description of Property 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On 8-27-03, E. Stagner, a Notary Public in and for the State of California, personally appeared, K. H. Hofmann, personally know to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or the entity on behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal ... ., E. STAGN ER COMM. 1336505 NOTARY PURI lC-CAUFORN lA CONTRA COSTA COUNTY -+ :.lan.23 2006 Signature G ar a��aas����ssrraa������s�a����a�arrarr■a r�aa�a a������rra�srre'r�rrrr�rr����� Description: Grant Deed of Development Rights West Portion of Fallman Ranch Property Pages: 5 FEBRUARY 24, 2003 JOB NO. : 093-40 LEGAL DESCRIPTION RESTRICTED DEVELOPMENT AREA PORTION OF SECTIONS 14 AND 23, TOWNSHIP 1 NORTH, RANGE 3 EAST (57 .30 AC) CONTRA COSTA COttNTY, CALIFORNIA EXHIBIT 'A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS : BEING A PORTION OF THAT CERTAIN "519 . 1836 ACRES" PARCEL OF LAND AS SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY, RECORDED DECEMBER 18 , 1945 , IN BOOK 10 OF LICENSED SURVEYORS' MAPS, AT PAGE 13 , IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWESTERN CORNER SAID PARCEL OF LAND; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHERN LINE OF SAID PARCEL, SOUTH 89000' 21" EAST (THE BEARING OF SAID NORTHERN LINE BEING TAKEN AS SOUTH 89000"21" EAST FOR THE PURPOSE OF MAKING THIS DESCRIPTION) 2647 . 68 FEET; THENCE, CONTINUING ALONG SAID NORTHERN LINE, SOUTH 88009' 22" EAST 212 . 81 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, CONTINUING ALONG SAID NORTHERN LINE, SOUTH 88009' 22" EAST 616 .30 FEET; THENCE, LEAVING SAID NORTHERN LINE, SOUTH 38055' 48" WEST 840 .24 FEET; THENCE, SOUTH 04°56' 24" WEST 569 . 19 FEET; THENCE, SOUTH 28044 ' 13" EAST 799 . 25 FEET; THENCE, SOUTH 06022 ' 32" EAST 949. 71 FEET; THENCE, SOUTH 33048 ' 06" WEST 218 . 16 FEET; THENCE, SOUTH 21045' 02" EAST 251 . 95 FEET; THENCE, SOUTH 33048' 06" WEST 398 . 85 FEET; P:\093-40\LECrAL DE5CRIPfi IONS\LG-005.*DoC LEGAL DESCRIPTION FEBRUARY 24, 2003 PAGE 2 JOB NO. : 093-40 THENCE, SOUTH 21045' 02" EAST 222 . 00 FEET; THENCE, SOUTH 33048' 06" WEST 655 . 02 FEET; THENCE, SOUTH 14044' 24" EAST 840 . 57 FEET; THENCE, NORTH 88057' 59" WEST 612 . 56 FEET; THENCE, NORTH 01000' 59" EAST 2597 . 74 FEET; THENCE, SOUTH 88059' 26" EAST 310 . 52 FEET; THENCE, NORTH 01000' 59" EAST 2593 . 66 FEET TO SAID POINT OF BEGINNING. CONTAINING 57 . 30 ACRES OF LAND, MORE OR LESS . END OF DESCRIPTION IMM v4 4 S �9 Z. 3 * CHRISTOPH R S . HARMISON, P.L.S. L.S . NO. 7176 OFCAL1fEXPIRES : DECEMBER 31, 2003 P:\093-40\LEGAL DESCRIPTIONS\LG-OD5.D4C EXHIBIT 'B' POC POB BASIS OF BEARINGS N89'00'21"W 2647.68' /L2 SCALE 1 =1000' L1 LINE FABLE LINE LENGTH BEARING C114 L1 212.81' S88'09'22"E L2 616.30' S88'0922"E (10 LSM 13) � `�` L3 840.24` S38 :55;48$' W L4 569.19 SO4 56 24 W L5 799.25' S28#44'1 YE L14 L6 94.9.71' S06'22132"E w L7 218.16 S33 48 06 W 57. 0E 3 �\ L8 251.95' S21"45'02"E AC L9 398.85' 533'48'06"W moo, L10 222.00' S21*45'02"E C14 ��, L11 656.02' 533'48'06"W uj L12 844.57' 514-'4424"E L13 612.66' N8I8'57'59"W p L14 310.52' 588'5926"E L13 PLAT TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF SECTION 14 & SECTION 239 TOWNSHIP 1 NORTH, RANGE 3 EAST CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 24, 2003 Carlson, Barbee,, ribson, Inc. CIVIL ENGINEERS * SURVEYORS * PLANNERS 2503 CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925} 866-0322 FAX: (925) 866-8575 093--40 F.\8J093--40\ACAD\PLAT\PtatO6.dwg Aug 22,2003 — 1.50pmKordis RECORDED AT THE REQUEST OF: Contra Costa County Community Development Department WHEN RECORDED MAIL TO: Contra Costa County Community Development Department 651 pine St., 4th Floor—North Wing Martinez CA 94553 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY APN: 011-240-001, 015-160-002 GRANT DEED OF DEVELOPMENT RIGHTS EAST PORTION OF FALLMAN RANCH PROPERTY This Grant Deed is made by and between the Grantor, FALLMAN LAND INVESTMENT CO., a California Corporation, and its successors and assigns("Grantor")and the Grantee, CONTRA.COSTA COUNTY, a political subdivision of the State of California„ and its successors and assigns("County"). RECITALS A. Section 3.8 of the Land Use Element of the 1995-2010 Contra Costa County General Plan provides as a'policy for review of the Discovery Bay West Project ("Project")that it shall include dedication of development rights to Fallman Ranch. 1 B. Section 6.E. of the Conditions of Approval for the Project requires the dedication of development rights to Fallman Ranch east of Villages III and IV of the Project to County or another acceptable agency prior to recording the Final Map for any phase of Villages III or IV. C. Grantor is the developer of the Project and the fee owner of Fallman Ranch, including that portion of FaUman Ranch as described in Exhibit A and as depictedon Exhibit B, both of*which are attached hereto and incorporated by reference as if fully set forth herein. The portion of Fallman Ranch described in Exhibit A and depicted on Exhibit B shall hereinafter be referred to as the"Property." D. Grantor desires to evidence its intent, and to insure,that the obligations specified herein are covenants, conditions and restrictions that run with the land and are;for the benefit of the County. NOW, THEREFORE, for the good and valuable consideration, including but not limited to the agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to County, and its successors, on the terms and conditions set forth below, all the Development Rights on the Property. 1. Recitals. The recitals are intended to be and shall be part of this Grant Deed. 2. Development Rights. "Development Rights" are defined to mean and refer to the right to divide, develop, install or construct improvements on all or any portion of the Property. 3. Negative.-Ease . This Grant Teed is in the form of negative easement which shall run with said Property and shall bind the current Grantor and any future owners of all or any 2 portion of said Property. This Grant Deed is an agreement in writing affecting the title or possession of the Property. 4. Development Restrictions. Except as provided herein, Grantor shall not divide, develop, install or construct improvements on all or any portion of the Property,and Grantor agrees that no building permits or other permits shall be issued for the purpose of constructing improvements on any part of the Property. Grantor hereby waives and relinquishes any rights it might otherwise have to such permits. 4.1 Plans and Specifications: County Ap rp oval. Any and all improvements on the Property will be performed as directed by County or its successor public agency. Grantor shall cause plans and specifications for improvements to be prepared by competent persons legally qualified to do the work and to submit said improvement plans and specifications to County for approval prior to commencement of any work, and shall pay any County improvement plan review and inspection fee. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval or, upon annexation of the Property to any city, in accordance with the applicable city standards. Grantor agrees to commence and complete the work within the time specified by County. 4.2 Development of Property. The following specified uses might be allowable on the Property, subject to Grantor first obtaining all necessary permits from the County: 4.2.1 Utility systems and all necessary fixtures, including pipelines, underground telemetry and electric cables or appurtenances thereto. 4.2.2 Drainage systems for storm water, floodwater and other surface water. 4.2.3 Landscaping and irrigation. 3 4.2.4 Power, cable, telephone, fiber optics and other transmission lines. 4.2.5 Trails for the use and enjoyment of the owner and its designated parties. 4.2.6 Uses existing as of the date of execution of this Grand Deed, and permitted by existing easements. 4.2.7 A marina and related improvements,which may include boat docks, ramps, piers and docking facilities,dry boat storage facilities, marina access driveways and parking facilities, and channel improvements. 5. Covenants Running With Land. This Grant Deed shall be binding on the;parties hereto and the provisions hereof shall be covenants running with the land and shall inure to the benefit of and be binding on the heirs, successors and assigns of Grantor, County and all of the Property and all other parties having or acquiring any right,title or interest in any part of the real property encumbered by the easement described herein. 6. 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, attorney's fees and other litigation expenses. 4 IN WITNESS WHEREOF, this Grant Deed of Development Rights is signed and executed this day of , 2003. GRANTEE GRANTOR CONTRA COSTA COUNTY FALLMAN LAND INVESTMENT CO. By: By: ....2� Chair, Board of Supervisors President Approved: By: Community Development Department Approved as to Form: Silvan B. Marchesi County Counsel By: Deputy County Counsel Exhibits Exhibit A: Legal Description of Property Exhibit B: Plat to Accompany Legal Description of Property 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On 8-27-03, E. Stagner, a Notary Public in and for the State of California, personally appeared, K. H. Hofmann, personally know to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or the entity on behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal '°""° ""` STAGNER COMM. 1336505 NOTARY PUBLIC-•CALIFORNIA k' + ; CONTRA COSTA COUNTY r+ Signature My Comm,expires Jan.23,2006it l •arrrfrerrrr���»ssrrryss�f�rrr�r��rrEa���r���as a trarv�ssrr��a�aa�s�rfa��rrra�i Description: Grant Deed of Development Rights East Portion of Faliman Ranch Property Pages: 5 FEBRUARY 24 , 2003 JOB NO. : 093-40 LEGAL DESCRIPTION RESTRICTED} DEVELOPMENT 'AREA PORTION OF SECTIONS 14 AND 23, TOWNSHIP 1 NORTH, RANG 3 EAST (142 .70 AC) CONTRA COSTA COUNTY, CALIFORNIA EXHIBIT `A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA., STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN "519. 1836 ACRES" PARCEL OF LAND AS SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY, RECORDED DECEMBER 18, 1945, IN BOOK 10 OF LICENSED SURVEYORS' MAPS, AT PAGE 13 , IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA: COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERN CORNER SAID PARCEL OF LAND; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHERN LINE OF SAID PARCEL OF LAND, SOUTH 89°0021" EAST (THE BEARING OF SAID NORTHERN LINE BEING TAKEN AS SOUTH 89000"21" EAST FOR THE PURPOSE OF MAKING THIS DESCRIPTION) 2647 . 68 FEET; THENCE, CONTINUING ALONG SAID NORTHERN LINE, SOUTH 88009' 22" EAST 829 . 11 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, CONTINUING ALONG SAID NORTHERN LINE, SOUTH 88009' 22" EAST 472 . 56 FEET TO THE NORTHEASTERN` CORNER OF SAID PARCEL OF LAND; THENCE, FROM SAID NORTHEASTERN CORNER, ALONG THE EASTERN LINE OF SAID PARCEL OF LAND, THE FOLLOWING FOUR (4) COURSES : 1) SOUTH 06025' 00" EAST 1344 . 92 FEET, 2) SOUTH 1603549" EAST 190 . 57 FEET, 3) SOUTH 07038' 07" EAST 638 . 04 FEET, AND 4) SOUTH 0602834" EAST 3157 . 29 FEET TO THE SOUTHEASTERN CORNER ` OF SAID PARCEL OF LAND; P:\093-40\L8GAL DESCAl PTZ0NS\LG-006.400 LEGAL DESCRIPTION FEBRUARY 24 , 2003 PAGE 2 JOB NO. : 093-40 THENCE, FROM SAID SOUTHEASTERN CORNER, ALONG THE SOUTHERN LINE OF SAID PARCEL OF LAND, NORTH 88057' 53" WEST 3360.72 FEET, THENCE, LEAVING SAID SOUTHERN LINE, NORTH 01002 ' 01" EAST 100 . 00 FEET; THENCE, SOUTH 88057' 59" EAST 1834 .69 FEET; THENCE, NORTH 14044 ' 24" WEST 840 . 57 FEET; THENCE, NORTH 33048' 06" EAST 656 . 02 FEET; THENCE, NORTH 21045' 02" WEST 222 . 00 FEET; THENCE, NORTH 33048' 06" EAST 398 .85 FEET; THENCE, NORTH 21045' 02" WEST 251 . 95 FEET, THENCE, NORTH 33048' 06" EAST 218 . 16 FEET; THENCE, NORTH 06022 ' 32" NEST 949 .71 FEET; THENCE, NORTH 28044 ' 13" WEST 799.25 FEET; THENCE, NORTH 04056' 24" EAST 569 . 19 FEET; THENCE, NORTH 38°55' 48" EAST 840 .24 FEET TO SAID POINT OF BEGINNING. CONTAINING 142 . 70 ACRES OF LAND, MORE OR LESS . END OF DESCRIPTION LAND Ev. ` # CHRISTOPHER S. HARMISON, P.L.S . L. S. NO. 7176 OFCAttf �P EXPIRES : DECEMBER 31, 2003 pGlasa-aa�s.�acar. s�€sc�ir:�3rs1:.s-t+oe.�oc ................................................................................................................................................... EXHIBIT "Bly POC / BASIS OF BEARINGS POB N S89'00'21"E-2647.68' Ll L2 SCALE 1"=1000' LINE TABLE 00 LINE LENGTH BEARING Ll 829.11' S88*09'22"E L2 472.56' S88#09'22"E (10 LSM 13) L3 1344.92' S06*25'00"E L4 190.57' 516*3649"E L5 638.04' 507#38'07"E L6 3157-29' S06*2834"E L7 3360.72' N88*57'59"W L8 100.00' N01*02'01"E L9 1834.69' S - 88*57'59"E. L10 840.57' N14*4424"W d L11 656-02' N33*48'06"E 1-12 222.00' N21-45'02"W L13 398.85' N33*48'06'PE 142.70± AC 1-14 251.95' N21*45'02"W 1�1' L15 218.16' N33#48'06"E 0 L16 949.71' N06"22'32"W L8 L9 L17 799.25' N28*44'13"W L7 L18 569.19' N'04'5624"E L_L19 840.24' N38*55'48"E PLAT TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF SECTION 14 & SECTION 23, TOWNSHIP 1 NORTH, RANGE 3 EAST CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 24, 2003 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS * SURVEYORS * PLANNERS 2603 CAMiNO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 093-40 F:\89093-40\ACAD\PLAT\PtatO7.dwg Aug 22,2003 — 2:03pmMCordis