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Home My WebLink AboutMINUTES - 01252005 - C3 f TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 25, 2005 SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),,for Minor Subdivision 01- 00023, Concord area. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 52 for Minor Subdivision 01-00023, accepting Grant Deed of Development Rights (Creek Structure Setback), for project being developed by Providence Development Corp., Concord area. (District IV) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Recording of this document is a requirement of Condition of Approval No. 37 of Minor Subdivision 0 1-00023. CONSEQUENCES OF NEGATIVE ACTION: Condition of Approval No. 37 will not be satisfied and this document will not be recorded. Continued on Attachment: SIGNATURE: 1<ee/V%/VV COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S):( ACTION OF BOA ON JMUARY 25, 2005 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: JANUARY 25, 2005 Ls:n-n JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\B0\2005\01-25\NIS 01-00023 BO-27.doc Supervisors and CountyAdministrator Originator: Public Works(ES) Contact: Kevin Emigh(313-2233) Recording to be completed by Old Republic Title Company cc: Current Planning,Community Development By .- �Deputy Providence Development Corp. 1700 N.Broadway,Suite 290 Walnut Creek,CA 94596 Atte:Kenneth Wu Old Republic Title Co. 3000 Clayton Road Concord,CA 94519 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, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 52 SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision 01- 00023, being developed by Providence Development Corp., Concord area. (District IV) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 01-00023 Providence Concord IV Development Rights Development Corp. (Creek Structure 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 Ls:r"' on the date shown. G:\GrpData\EngSvc\B0\2005\01-25\IvIS 01-00023 BO-27.doc Originator: Public Works(ES) Contact: Kevin Emigh(313-2233) ATTESTED: JANUARY 25,, 2005 Recording to be completed by Old Republic Title Company cc: Current Planning,Conununity Development JOHN SWEETEN, Clerk of the Board of Supervisors and Providence Development Corp. County AC1ril1II1StI'atOl' 1700 N.Broadway,Suite 290 Walnut Creek,CA 94596 Atm:Kenneth Wu Old Republic Title Co. By 42 ,Deputy 3000 Clayton Road Concord,CA 94519 RESOLUTION NO.2005/ 52 f Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Subdivision: �S at o APN: 0 JQ" O*Z( GRANT DEED OF DEVELOPMENT RIGHTS 43T�zm CTM 1z W#Mw. S-tvFT5A-Co4w To meet condition(s) of approval number 31 , of MS U ,Uwe, r.IT i...P pto V 10 EN CE �D EY'tW ftEotz.�bRPOR�t 1[Dlv (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 i�A�LS "A'1-"D'� of Subdivision M`J 0 I --0OAzo 3 ,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 Providence Housing Partners, II, L.P. By: Providence Development Corporation, a California Corporation, its General Partner By: (Signature) NEOMWAMM (Print Warne and tide.) e �1&7A)A)&rY Lt) (Print nart-c and title.) (See attached notary) G:\GrpDatalEngSvc\LisaTortn ReE-l.doc JD:lad Rev.October 9,2001 ,r MS 01-00023 EXHIBIT ••A•• All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels"A"-"D"designated as"Restricted Development Area(Creek Structure Setback)" as shown on the parcel map of Minor Subdivision 01-00023, on file at the County Recorder's Office as follows: Date: Book: Page: G:\GrpData\EngSvc\B0\2005\01-25\1vIS 01-00023 BO-27.doc LS:rm y S State of California ) ) SS. County of Contra Costa ) On January 3, 2005, before me Dawn M. Cabral, personally appeared Kenneth Wu and Corliss Lee, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. DAWN M.LABRAL Comm.#1451523 NOTAPUBLIC-CALIFORNIA UI Costa Coun `' fly Comm.Expires Nov.1 ,20p7�+