Loading...
HomeMy WebLinkAboutMINUTES - 11022004 - C8 ,M y TO: BOARD OF SUPERVISORS i FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 2, 2004 SUBJECT: Approving uitclaim Deed, Subdivision 92-07737. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ S84 for Subdivision 92-07737, approving Quitclaim.Deed,being developed by Kaufman and Broad of Northern California, Inc., Bay Point area. (District V) FISCAL. IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The County accepted the Grant Deed of Development Rights for the lots as a location for a temporary detention basin during construction. The drainage improvements have been completed, therefore the Grant Deed of Development Rights is no longer required. CONSEQUENCES OF NEGATIVE ACTION: The County will retain development rights over the property. �L-- Continued on Attachment: SIGNATIRE: 2 ­ �'`�- . . U�-R�ECOMMENDATION OF COUNTY ADMINISTRATOR ..° RECOMMENDATION OF BOARD COMMITTEE c�f �-?S PPROVE OTHER SIGNATURES ACTION OF BOA < ON NOVEMBER 02, 2004L 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 SUPERVISORS minutes of the Board of Supervisors on the XX UNANIMOUS{ABSENT NONE ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: NOVEMBER 02 2004 G:1GrpDaia,F.,ngSvc\8012004\I1-02-04LSD 92-07737 Order.doc JOHN SWEETEN, Clerk of the Board of o,�.Div: Public Works(ES) Supervisors and County Administrator Contact: Frank Navarro(313-2264) cc: Current Planning,Community Development Kaufman and Broad 10990 Wilshire Bl,&,7"Floor Los Angeles,CA 90024 lW By , Deputy Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 2, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEKA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 584 SUBJECT: Approving Quitclaim.Deed, Subdivision 93-07737, Bay Point area. (District'V) The Public Works Director having reported that on July 20, 1994,the Board accepted a Grant Deed of Development Rights from Kaufman and Broad of Northern California, Inc. (owner), as a requirement for Development Number Subdivision 92-07737. On the recommendation of the Public Works Director,IT IS BY THE BOARD RESOLVED that the Chair, Board of Supervisors is AUTHORIZED to execute the Quitclaim Deed of Development Rights to"Kaufman and Broad of Northern California,Inc." The development rights were accepted for a temporary detention basin as a condition of approval. The basin is no longer necessary, therefore the Grant Deed of Development Rights is no longer required. 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. AM:mr G:\GrpDa&,EngSvc\B0\2004\I1-02-04\SD 92-07737 BO-25.doc Originator:Public Works(ES) Contact: Frank Navarro(313-2264) ATTESTED: NOVEMBER- 02, 2004 tiecording to be completed by cos JOHN SWEETEN Clerk of the Board of Supervisors and cc: Current Planning,Community 13evelopment i P ie aufinan and Broad County Administrator 10990 Wilshire Blvd.,7"Floor Los Angeles,CA 90024 By--.--s' � , Deputy RESOLUTION NO.2004/ 594 Recorded at the request of: Contra Costa Count Board ofSupervisors order office Coo CO CA Co Recorder r r� Return to: SIEVE �R' C18rk I irr Public Works Department i. Engineering Services Division t)OVim` 2004 Area: Bay Point w edneoday. NOV 03, subdivision: 92-07737 FOE�y 1 �+d � AP : 099-192-064 to 075,13L4 to 106,and 127 to 129 QUITCLAIM DEED OF DEVELOPMENT RIGHTS For valuable consideration,receipt of which is hereby acknowledged, the County of Contra Costa, a political subdivision of the State of California, hereby remises, releases and forever quitclaims to Kaufman and Broad of Northern California, Inc., all of its right, title and interest in the real property, specifically"development rights", as defined in the deed to the County of Contra Costa,recorded July 20, 1994, Recorder's Serial No. 94-185298, Contra Costa County Records, State of California, over those certain parcels of land, situated in Contra Costa County, being a portion of Lots 64-75, 104- 106 and 127-12.9, of Subdivision 92-07737, filed July 20, 1994, Recorder's Serial No. 94-185297, Contra Costa County Records, State of California, described more particularly in Exhibit "A," attachedhereto and made a part hereof. No transfer tax due. This is a quitclaim of development rights only. County of Contra Costa, State of California —:: . By: ChKir, Board of Supervisors Attest: NOVEMBER 021 2004 John Sweeten, Clerk of the Board of Supervisors and County Administrator By: (See attached notary) Ci_`,C pD�ta`Engtic�Adclina:77�TS E- 1 L�.4J doc .4j,1,m3 1 'fk Recorded at the request of: CONTRA COSTA COUNTY Public Works Department Engineering Services Division- ATREQUES�OF � Return to: Public Works Department Records Section U L 2 U 1994 Area: Bay PointAT /� O'CLOCK Drainage Area: 48C Ct7NTf7,4 Ct}STA COUNTY RSC©RIS Project: Subdivision 7737 STEPHEN L w€tR Assessor' s No. : 0T9--11U--U33 COUNTr € ORDER 94 13529 3 FEE $ i GRANT DEED OF DEVELOPMENT RIGHTS To meet the drainage requirements in the conditions of approval for Subdivision 7737, Kaufman and Broad of Northern California, Inc. , (owner) hereby grant (s) to the County of Contra Costa, a governmental subdivision of the State of California, Grantee, and its governmental successor or successors, the future "development rights, " as defined herein below over a portion of that real property situated in the County of Contra Costa, State of California, and more particularly described in Exhibit "A", and as shown on Exhibit "B" . "Development rights" are defined to =mean and refer to the right to approve or disapprove of any proposed construction, development or improvement.- within the area (s) marked "restricted development area. " The "development rights" are and shall be a form of negative easement 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 the grantee or its successor said proposed construction shall not be performed. Grantee or its successor may condition .its approval of any proposed construction upon prior to subsequent performance of such conditions as Grantee 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 its successor herein shall submit to such entity a written proposal describing the nature, extent, and location of such improvement. Grantee or its successor shall have sixty (60) days from receipt of such proposal in which to grant its approval or disapproval . Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval of such proposal . The grant deed of development rights are taken to ensure that . a detention basin can be constructed to mitigate the drainage impacts from the subdivision. As of the filing of the map for subdivision 7737, the County is working with the Navy to acquire the land rights necessary to construct a regional detention basin for Drainage Area 48C. Subdivision 7737 is within Drainage Area 48 C and will drain into the regional •detention basin proposed by the County. When the regional detention basin is constructed, Subdivision 7737 will drain into it and their drainage requirements of the subdivision conditions of approval will be satisfied. If, however, the County is unable to acquire the land rights for the regional basin and/or cannot construct the regional detention basin, then Subdivision 7737 will have to construct a local detention basin within the subdivision over those lots for which the development rights have been granted. The County will grant the development rights back to the property owner when the regional r detention basin proposed by the County has been constructed. V Kaufman nd Broad of No there California (Owner) B : " VL/�-A �C�.Its:, Ce��?re S I A�'-LL i B Its : ASS �5eCrCL.rJ (This area for official notary flags . All signatures to be as they appear on deed of title and must be notarized. The names and titles of the people signing the document should be listed on the notary flag. ) DB\Sub7737 .t6 +ARCEL A SCALE: 1"=100' t66 W 67 70 E: L A68 65 ccuj . 64 0 69 JILL AV� JILL �avE�U,� f e F72 ._. 127 128 129 107 11 106 195 104 7 u cc I A-P.r,-k Oct, PLAT TO ACCOMPANY LEGAL DESCRIPTION LOTS DISPLACED BY DETENTION POND CONTRA COSTA COUNTY, CALIFORNIA JUNE 1994 Carlson, Barbee & Gibson, Inc. i6�4wjgj CIVIL ENGINEERS• SURVEYORS•PLANNERS 29007 CROW CANYON PLACE,SUITE 250 TEL(510)866-0322 SAN RAMON,CA 94583 FAX (510)866-8575 JUNE 21, 1994 JOB NO. . 91267-00 to LEGAL DESCRIPTION LOT DISPLACED BY DETENTION POND REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS BEING ALL OF LOTS 64 THROUGH 75, 104 THROUGH 106, AND 127 THROUGH 129, AS SAID LOTS ARE SHOWN AND SO DESIGNATED ON THE OFFICIAP OF- SUBDIVISION 7737, RECORDED � �� 8941 IN BOOS �lc r / OF MAPS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY. ENI? OF DESCRIPTION C3 MICHAEL P. B BEE L.S. 5077 EXPIRES: JUNE 30, 1995