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HomeMy WebLinkAboutMINUTES - 01252005 - 2005 RES 56 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 January 25, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPKO, DESAULNIER, GLOVER AND UILIEiA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 56 SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setbacks), for Subdivision 97- 07996,being developed by Toll Land XXII Limited Partnership, a California Limited Partnership, San Ramon area. (District IIT) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTR.L'MENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of SD 97-07996 TOLL LAND XXH San Ramon .III Development Rights LIMITED PARTNERSHIP, (Creek Structure Setbacks) a California Limited partnership TOLL CA GP CORP., A California corporation, General Partner I hereby certify that this is a true and correct copy of an action KD fx:tCrrpData�ngSvcU3C3\2005102-2515I7 49-47995 BOd27.doc taken and entered on the minutes of the Board of Supervisors on the date shown. Originator: Public Works(ES) Contact:K.Emigh(313-2233) Recording to be completed by @03 41 . cc: Current Planing,Community Development ATTESTED: JANUARY 25:4 2005 Public Works,ES-K.Emigh JOHN SWEETEN, Clerk of the Board of Supervisors and Toll Brothers,Inc. County Administrator Attn:Steve stone 144 Park Place#140 San Ramon,CA 94593 By Deputy RESOLUTION NO.2005/ 56 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public works Department Engineering Services Division Records Section Area: San Ramon Subdivision: AFN; 211-31Q-Q43 2�4_Ob5&-07-1 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setbacks) To meet condition(s) of approval numbers 5F and 18.2 of Subdivision 7996. we, Toll Lurid XX11 Limited (Owner(s))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"Restricted Development Area"of Subdivision 7996,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 the approval of such proposal. The undersigned executed this instrument on TOLL LAID XXII LIMITED PARTNERSHIP, a California limited partnership TOLL CA GP CORP., a California corporation, General Partner By: /,-I. By: Name: r�t t� !' _ G< Ott Name: A, "Title: 00 Title; (See attached notary) EXH1131T"A" Legal Description Real property in the unincorporated area of the County of Contra Costa, State of California, described as follows: Parcels A, B, C, D, E, F, G, H, I, J, K, L, M, N, 0, P, Q, R, S & T as shown of the final Subdivision Map 7996, Recorded , 2005, in Book Page of Official Records. STATE OF CAi IFORNIA )ss COUNTY OF I 4� ) On k- before me, t cod T`-�.+,a Notary Public in and for said State, personally appeared �E T ,personally known to me{-P o )to be the person(owhose name(s)Is/am subscribed to the within instrument and acknowledged to me that he/shaftey executed the same in hisAiefteir authorized capaclty{ies),and that by his!# their signature()on the instrument the person(}or the entity upon behalf of which the person{sf acted, executed the instrument. WITNESS my hand and official seal. r Signature CMWnh>rlon#1428041 Conim Coat Cou rr►i� MVCM".E PMWJun 16,2007 STATE OF C LIF RNIA )ss COUNTY 4 ) On to 0 before m K 0 a Notary Public in and for said State, person lly appearedlen ,personally known to me(or proved to me on fire basis of satisfactoryevidence)to be the person ]whose name r subscribed to the within instrument and acknowledged to me that `s)O/t*executed the same in i tt lYti authorized capacity(!*,and that by twr signatureX on the instrument the person{wor entity upon behalf of which tha peerson acted, '16xecuted the instrument. i rAo"* WITNESS my hand and of4j; -W seal. r" I Signatu e I IV LISA A.DALZIEL Commission # 1377110 tea" Notary Public - California Contra Costa County MY Comm.Expires Sep 28,2006 To. BOARD OF SUPERVISORS FROM: MAUR.ICE M. SHIt..I, PUBLIC WORDS DIRECTOR DATE: January 25, 2005 SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setbacks), for Subdivision 97- 07996, San Ramon area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION($): ADOPT Resolution No. 20051 56 for Subdivision 97-07996, accepting Grant Deed of Development Fights (Creek Structure Setbacks), for project being developed by Toll Land X.XII Limited Partnership, a California Limited partnership, San Ramon area. (District IIT) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(SI: The Grant Deed of Development Rights is required as a condition of approval. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be accepted. Continued on Attachment:,,,,, SIGNATURE: I-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVETHER SIGNATURE(S): s" ACTION OF BOAr ONJANUARY , 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: ABSTAIN: ATTESTED: JANUARY 25,2005 JOHN SWEETEN, Clerk of the Board of KD G:\GrpData\Engsvc\BO\2005\01-25\sn 97.07996 BO-27.doc Supervisors and County Administrator Originator: Public Works(ES) Contact: K.Emigh(313-2233) Recording to be completed 6yW By - ,Deputy cc: Current Planning,Community Development Public Works,ES—K.Envgh Toll Brothers,Inc. Attn:Steve Stone 100 Park Place#140 San Ramon,CA 94583