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Home My WebLink AboutMINUTES - 12072004 - C.3 TO: BOARD OF SUPERVISORS � FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 7, 2004 SUBJECT: Accu tin the Grant Deed for Development Rights,MS 01-00003. SPECIFIC REQUESTS)OR RECOMMENDATTON(S)&z BACKGROUND AND JUSTIFICATION RECOMMENDATIO (S�: ADOPT Resolution No. 20041 534 for MS 01 00003,accepting the Grant Deed of Development Rights,project being developed by R&S Homes, Inc., Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The development rights will be granted to the County over creek structure setback area per condition of approval. CONSEQUENCES, OF N'�,'EC`=ATIVE ACTION: The development rights will not be secured. Continued on Attachment: SIGNATURE: 4��' 70311YIENDATION OF COUM ADMINISTRATOR y RECOMMENDATION OF BOARD COMMITTEE :�PPROVE OTHER SIGNATURE(S).- ' ACTIONOFBoA,RdON DECEMBER 07, 2004 APPROVED AS RECOMMENDED xx OTHER 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 VOTE OF SUPERVISORS date shown. xX UNANIMOUS(ABSENT" NONE } AYES: NOES:- ABSENT: ABSTAI - - - - N: ATTESTED: DECEvBER 07, 2004 JOHN SWEETEN, Clerk of the Board of G:\CnVData\EngSvc1BO12004112-07-041MS 01-00003 Order 2.doc prig.Div: Public Works(ES) Supervisors and County Administrator Contact: Frans Navarro(313-2264) cc: Current Planning,Cornnunity Devek)ptnent Rotxrt Waal 10 Cazrdno Monte Sot Alamo,CA 94507 B 7 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 Adapted this Resolution on December 7, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NODE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 634 SUBJECT: Acceptance of Grant :meed of Development Rights, for Minor Subdivision 01-00003, being developed.by R&S Homes, Inc., Alamo area. (District IIl) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of IVIS 01-00003 R&S Homes, Inc. Alamo III Development Rights APN 1.93-030-009 l 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. AM:tnt G:\GtpData\EngSvc\SO\2004\12-07-04IA4S 01-00003 130-27.doc Originator: PnbJic Works(ES) ATTESTED: DECKER 07, 2001 Contact:Frank Navarro(313.2264) Recording to be completed byXXK Title Company JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Current Planning,Community Development County Administrator Robert Waal 10 Camino Monte Sol Alamo,CA 94507 By ,Deputy RESOLUTION:NO.2004/ 634 Recorded at the request of: Contra Costa.County Public Works Department Engineering Services Return to: Public Works Department Records section Area: Alamo Subdivision: MS 010003 APN: 193-030-009 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 37 of Subdivision MS 010003, we, R&S Homes, Inc., (Owners) hereby grant(s) to the County of Centra Costa, a political subdivision of the State of California (Grantee) and governmental successor or successors of said county, the future development rights,as defined herein below,over a portion of that real property known as Parcels A and B of Subdivision MS 010003 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 "restricted development 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 Owner 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 tle approval of such proposal. The undersigned executed this instrument on /c% R & S Domes,Inc. Robert Waal,President Robert Waal,Sect`etary 'Sliaron R. Waal (See attached notary) MW 11PWS 11SHARDATAit.rrpDatRlEngSvc\Form\DE WQRDW-1.&c Rev.Waber 9.2001 Subdivision. MS 010003 .Restricted Development Area(Greek Structure Setback) EXHIBIT"A" :All that real property situated in the County of Centra Costa,State of California,described as follows: A portion of Parcels A and B designated as "Restricted Development Area (Creek Structure Setback)", shown on the parcel map of Subdivision MS 010003, on file at the County Recorder's Office as follows: Date: Bonk: Page: JD:mw GAGrpDatalEngSvcTormslEXf M1TS WORI7E}Cfi%Fti'f-A.doc Aril 2,2001 CALIFORNIA ALL-PURPOSE ACK14OWLEDGMENT State of California ss. County of ! QWAV {Cs i On.�A�r�� 2 1 2.�+��i _ _before me, Date Name and Title of Officer(e.g.,'Jaae Doe,Notary Puble) personally appearedLilly- �* Names)of sigrer(s) P-156rsonally known to me J proved to me on the basis of satisfactory evidence to be the person(4 whose name(s) Ware subscribed to the within instrument and acknowledged to me that hekAe/they executed *1396302 the same in WG/44er/their authorized f�'C40k*00 capacity(ies), and that by #heir C4"ft coda C*W* signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 1 J OPTIONAL Though the information below is not required by taw,it may prove valuable to persons retying 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: wa+ 1 , Document Date: Ao,. f 2 4 Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: El Individual Toa of thumb here 0 Corporate Officer—Title(s): E Partner—0 Limited 11 General 0 Attorney-in-Pact D Trustee Guardian or Conservator Cather: Signer Is Representing: 3 i 01999 Nati0nai Notary Association•9358 Do Sato Ave.,P.O.Sox 24d2•Gbatwo th,OA 91313-2402-www.nationair0tary.Org Prod.N0,5907 Peoroor:Gait Toll-Free 1-8W-876.682;