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Home My WebLink AboutMINUTES - 10122004 - C9 TO: BOARD OF SUPERVISORS FROM: MAU ICE M. sHHIUU, PUBLIC WORDS DIRECTOR DATE: October 12, 2004 SUBJECT: Ac=ting Grant Deed of Development Ri hts Creek Structure Setback), Subdivision 04-08580, SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/_55_5_ for Subdivision 04-08580,accepting grant deed of development rights(creek structure setback),being developed by Hofmann Land Development Company, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION($): Subdivision 04-08580 has met all applicable conditions of approval regarding creek structure setback. CONSEQUENCES OF NEGATIVE ACTION: Development Rights will not be grant deeded to the County for the creek structure setback. Continued on Attachment: SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 1,A-PPROVE TITER ACTION OF BO ON-- Q �� 12, 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 VOTE OF SUPERVISORSminutes of the Beard of Supervisors on the XX UNANIMOUS(ABSENT date shown. AYES: NOES: ABSENT- ABSTAIN: ATTESTED: OCMBER 12, 2004 erk Ci:1GrpDatatEr..gSvciSU120;f41 10-i 2-641SD 04-08980 Order G.doc JOHN SWEETEN, Clof the Board of Orlg,Div: Public woks(ES) Supervisors and County Administrator Contact: Frank Navarro(313-2264) cc: Current Planning,Cormwnity Development Hof..ann Land Deceloprnent Company 1380 Galaxy Way Concord,CA 94520 First American Title Company By ' Deputy 1355 Willow Way,#100 ``""pp Concord,CA 94520 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 October 12, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ SUBJECT: Acceptance of Grant Deed of Development Rights(Creep Structure Setback), for Subdivision 04- 08580, being developed by Hofmann band Development Company, Byon area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTER: INSTRUMENT: REFEREINTCE: GRANTOR: AREA: DISTRICT: Grant Deed of Subdivision 04-08580 Hofmann Land Byron III Development Rights Development Company (Creek Structure Setback) pI hereby certify that this is a true and correct copy of an action G:\GrrrpDatalEugSvclBfl`,200411 i1-;2-041523 04-08584 HO-27.drrc taken and entered on the minutes of the Board of Supervisors G:1Gr on the date shown. Originator: Public Works(ES) Contact:frank]Navarro(313-2264) Recording to be completed by First American Title Company cc: Current Plal=g,Com n uity Development ATTESTED: OCTOBER .12,, 2004 1<loii,ann Land Development Ca..,any JOHN SWEETEN, Clerk of the Board of Supervisors and 1380 Galaxy Way County Administrator Concord,CA 94520 First American Title Company 1355 Willow Way,#100 Concord,CA 94520 BY ,Deputy RESOLUTION NO.2oo41555 Recorded at the request o£: Contra Costa County Public Works Department Engineering Sen+ices Return to: Public Works Department Records Section Area; Byron Subdivision: SD 0"580 AP I: 015-160-001 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 52E5 for Subdivision SD 018580, we, Hofmann Land Development Company,A California Corporation formerly known as Talisman Realty Group, Inc., a California corporation, (Owners) hereby grant(s) to the County of Contra 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 D and E of Subdivision SD 048580 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", except that fencing and landscaping, including trees and shrubs, are excluded from this restriction. The development rights are and shall be a form of covenant,which shall run with the said property and shall Mind.the current Owner anal 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 the approval of such proposal. The undersigned executed this instrument on t 'S - ° (Date). Hofmann Land Development Company,A California Corporation formerly known as Talisman Realty Group,Inc., a California corporation ? y}t.�.qq a�e <J y By: (Print Name and Title) (Print Name and Title) (See attached notary) M %%PWSi1StLkRDATA\GrpDat"ngSvc\fnnm\DE WORMDE-i.doc Subdivision: SD4$8584 Restricted Development.Area(Creek Structure Setback) EV"T7T'BIT"A"N All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels D and E designated as "Restricted Development area (Creek Structure Setback)", shown on the final map of Subdivision SD 018580, on file at the County Recorder's Office as follows: Date: Book: Page: Mmw G:4GrpDatak.EngSvc\Fonm\EXMBST5 WORMEXMBTT-A.doc p612,2001 CALIFORNIA ALL. PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa ) On August 27, 2004, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to 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, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal emyComm,��Z98585 �p NOTARY PWIC•CAWORMA Ul Contra Costa County Gomm.Expires Marg 8,2005"i 5gnatur ................................ Reference: Grant Deed of Development Rights for Subdivision 8580 Date: August 26, 2004 Pages: 1 ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a Callt°orntia corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution. RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/Preaident, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdMelon agreements, and any and all bond agreements. This consent is executed pursuant to section 3037, subdivision (b) of the California Corporations Code, which authorizes the taking sof action of the Board of Directors by unanimous written consent without a meeting. Dated- August 1, 20 bO Itartn$th On. Director Alberti T. Shaw, Chi or ennon, Director c mas A. Whalen, Lei Dennis M. Draw, Director 4 Richard L. Greene, Director