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HomeMy WebLinkAboutMINUTES - 12142004 - C.17 TO: BOARD OF SUPERVISORS ffl FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR. DATE: December 14, 2004 SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 03-00008. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONf Sl: ADOPT Resolution No. 2004/ 665 for Minor Subdivision 03-00008, accepting Grant Deed of Development Rights (Creek Structure Setback), project being developed by Carl Heiles and Patricia Vader, Martinez,area. (District 11) FISCAL IMPACT: None. BACKGROUND/REASON (S} FOR RECOMMENDATION(S): Minor Subdivision 03-00008 has met all applicable conditions of approval regarding creek structure setback. CONSEQUENCES OF NEGATIVE ACTION: The County will not have development rights over setback area. Zl Continued --` 7 -,,�/� C �nued on Attachment: 4 SIGNATURE: tECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,fi kPPROVE ,OTHER ACTION OF BOA I ON DECEMBER 14, 20U4 APPROVED AS RECOMMENDED XX OTHER m� I hereby certify that this is a true and correct VOTE Off'SUPERVISORS NOES: V pcopy of an action taken and entered on the AYES: NOES:UNANIMOUS(ABSENT ) minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. ATTESTED: DECEMBER 14, 2004 G:\CrpDatalEngSvc\3012004\12-14-04\MS 03.00008 Order 2doc JOHN SWEETEN, Clerk of the Board of Contactg. s: Public avarro(3orks Supervisors and County Administrator Contact: Franft I4avan�o(313-2264) ce: Current Planning,Community Development Carl Hei�085les and Patricia Vader ',/(f,,j art Pereira Road fYJ� I�"' Martinez,CA 94553 l i By ,Deputy 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 December 14, 2004, by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA., DESAUllilEi? I'SD GREHiBFRG NOES: NONE ASSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 665 SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision 03- 00008,being developed by Carl Heiles and Patricia Vader, Martinez area. (District 11) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 03-00008 Carl Heiles and Martinez II Development Rights Restricted Development Patricia Vader (Creek Structure Area on Parcel Map Setback) I 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. A,M:rrn G:\GrpData\EiigSvc\BO\1-004\12-14-04\,V�S 03-00008 BO-27 2.doc originator- Public Works(ES) ATTESTED: DECEIVER 14, 2004 Contact:Frank Navarro(313-2264 JOHN SWEETEN, Clerk of the Board of Supervisors and Recording to be completed by'TTI'..,E COMP County Administrator cc: Current Planning,Community Development Carl Heiles and Patricia Vader art Pereira Road Martinez,CA 44553 By ,Deputy RESOLUTION NO.2004/ 665 Recorded at the request of: Contra Costa County Board of supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Subdivision: APN: GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback Area MS 03-0008) To meet condition o approval numbpr 32,of MS 03-0008, 1/we (Owner(s))hereby grant(s) to the County of Contra Costa, a political subdivision of the State of California (Grantee) and governmental successors or successor of said county, the future development rights, as defined herein below, over a portion of that real property know as "Creek Structure Setback Area" of Subdivision MS 03-0008, 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 "Creek Structure Setback 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 owners 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. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee,or successor,herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor, shall have sixty(60)days from receipt of such proposal in which to grant approval or disapproval. Failure by Grantee, or successor, to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on 2. Date. (Signature) I (Print name&title) (Signature) (Print name&title) JkOW./Y AI y , (Notary Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � 7 1 On 0V ` e;) before me, , Date �meand_r'1'1Veof0ffic$^g.,"Jane Doe,N Pubile) personally appeared T G! Name{e) igner(e) iO personally known to me .�``l ' proved to me on the basis of satisfactory ev ence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed MAC�"t ""S. �3AP1`�'=' the same in his/her/their authorized Commission# 147311s capacity(ies), and that by his/her/their �+• Notc v Public - Colitomia signature(s) on the instrument the person(s), or Ajamedo County the entity upon behalf of which the person(s) My COMM.M.Exr*WebM M WAWNWN% a , execute7d the instrument. WI nd a i seal. Signature of Notary Publ3 L r C��"TIC7NA 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 � e 'er Title or Type of Document. '' �� > . Document Date: Number of pages:— � Signer(s) Other Than Named Above: Capacity(les) Maimed by Signer Signer's Name: i C1 Individual Top of thumb flare Cl Corporate Officer—Title(s): El Partner—E Limited 0 General Cl Attorney-in-Fact C Trustee I ❑ Guardian or Conservator Cl Other: Signer Is Representing: "EXHIBIT A" LEGAL DESCRIPTION All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: A portion of Parcel "A" of that certain Subdivision MS 03-008, filed in Book of Parcel Maps, at Page , Contra Costa County Records, further described as follows: Commencing at the most northwesterly corner of Parcel "A" of that certain parcel of land as shown on that certain Parcel Map filed in Book of Parcel Maps, at Pane , Contra Costa County Records; thence easterly along the northerly boundary line of said Parcel "A" of said map ( PM ) South 88°45'05" East, 211.40 feet to the Point of Beginning; thence leaving said northerly boundary line of said Parcel "A"the following courses South 17039'01" West, 159.53 feet; thence South 14029'46" West, 88.41 feet; thence South 06059'10" West, 33.07 feet; thence South 14050'07° East, 238.33 feet; thence South 36016'41" East, 384.60 feet; thence North 5302542" East, 90.00 feet; thence North 35°39'53" West, 366.37 feet; thence North 1048'11" West, 97.93 feet; thence North 01 026'25" East, 129.35 feet; thence North 05029'48" East, 56.06 feet; thence North 11 053'35" East, 179.96 feet to a point lying on the northerly line of said Parcel "A" of said map PM ); thence westerly along last said northerly line North 88045'05" West, 100.12 feet to the Point of Beginning. Containing an area of 88,243.89 Sq. Et. (2.03 Acres) more or less. Attached hereto is a plat labeled "EXHIBIT B", hereby referred to and made a part hereof. LAND No. 69 EXP. 9-40- 5 1 F CA ; 1 K:\PR©JECTS\2002\02048\DOCS\Creak Setback ParA.D©C PARCEL A P.O.C. ARCEL C � �'9 PM � � P.O.B.PO � 179 Fm1 6 S88'45'05"E 211.40' 1 100.12' r U) co �v r, It N052948"E °o;r rL'" ---56.06' N0126 25 E ZQ - 129.35' Li 0 C w a w �` \� . \ ;" -' �I a-: PARCEL A u' ' N � `� ��, Sll�� X11.5 t� � r1d08 aLLJ V) --, CLI d ` j N co UND 50.00 ROADWAY AND \ \ ,' `�' � �s UTILITY EASEMENT TO- LEON LEON E. PEREIRA PER RECORDERS SERIES# \ No. 69 96-123930 104 PM 4 BELLECCI & ASSOCIATES, INC, oI c� t02048 SHEET 1 OF 1 ber 2004 SCALE:1°=120' CIVIL ENGINEERINGa►LAND PLANNING+►LAND 5URVEYIN PHONE: (925) 685y-4569 FAX: (925) 685-4836 EXHIBIT B 2290 DIAMOND BLVD., SUITE 160, CONCORD, CA 94520 --------------------------------------------------------------------------- Parcel name: creek stb 9124/04 North: 6874.4554 East : 4135.7241 Line Course: S 88-45-05 E Length: 211.40 North: 6869.8489 East 4347.0739 Line Course: S 17-39-01 W Length: 159.53 North: 6717.8288 East : 4298.7034 Line Course: S 14-29-46 W Length: 88.41 North: 6632.2333 East 4276.5731 Line Course: S 06-59-10 W Length: 33.07 North: 6599.4088 East : 4272.5509 Line Course: S 14-50-07 E Length: 238.33 North: 6369.0234 East : 4333.5731 Line Course: S 36-16-41 E Length: 384.60 North: 6058. 9762 East : 4561.1426 Line Course: N 53-25-42 E Length: 90.00 North: 6112. 6007 East : 4633.4227 Line Course: N 35-39-53 W Length: 366.37 North: 6410.2553 East : 4419.8140 Line Course: N 10-48-11 W Length: 97.93 North: 6506.4497 East : 4401.4586 Line Course: N 01-26-25 E Length: 129.35 North: 6635.7588 East : 4404 .7098 Line Course: N 05-29-48 E Length: 56.06 North: 6691.5611 East : 4410.0797 Line Course: N 11-53-35 E Length: 179.96 North: 6867. 6580 East : 4447.1668 Line Course: N 88-45-05 W Length: 100.12 North: 6869.8397 East : 4347.0706 Line Course: N 88-45-05 W Length: 211.40 North: 6874.4462 East : 4135.7208 Perimeter: 2346.54 Area: 88,243.89 SgFt 2.03 Acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0097 Course: S 19-43-16 W Error North: -0.00918 East : -0.00329 Precision 1: 241, 910.31