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Home My WebLink AboutMINUTES - 01252005 - C7 TO: BOARD OF SUPERVISORS � FROM: MAURICE M. SHIU, PUBLIC WORKS 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 RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 56 for Subdivision 97-07996, accepting Grant Deed of Development Rights (Creek Structure Setbacks), for project being developed by Toll Land XXII Limited Partnership, a California Limited Partnership, San Ramon area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): 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: _&,oAftECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE THER SIGNATURE(S): -.000001) ACTION OF BOA N � 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 KD JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\B0\2005\01-25\.SD 97-07996 BO-27.doc Supervisors and County Administrator Originator: Public Works(ES) Contact: K Emigh(313-2233) Recording to be completed byfO9E?r I./C...0 By , Deputy cr. Current Planning,Community Development Public Works,ES—K.Emigh Toll Brothers,Inc. Atte:Steve Stone 100 Park Place#140 San Ramon,CA 94583 r 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, DESAUI-NIER, GLOVER AND UILKEMA 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 III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of SD 97-07996 TOLL LAND XX1[[ San Ramon Ell Development Rights LIMITED PARTNERSHIP, (Creek Structure Setbacks) a California Limited partnership TOLL CA GP CORP., A California corporation, General Partner KD I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc\B0\2005\01-25\SD 97-07996 BO-27.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact:K.Emigh(313-2233) Recording to be completed by @"E ro �! , cc: Current Planning,Community Development ATTESTED: JANUARY 25, 2005 Public worms,ES—K.Emigh JOHN SWEETEN, Clerk of the Board of Supervisors and Toll Brothers,Inc. Atte:Steve Stone County Administrator 100 Park Place#140 San Ramon,CA 94583 4. By ,Deputy 000r, AOF 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: 7996 APN: 211-210-043.064.065&071 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setbacks) To meet condition(s) of approval numbers SF and 18.2 of Subdivision 7996,we, Toll Land XXII Limited Partnership, a California Limited Partnership(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 LAND XXII LIMITED PARTNERSHIP, a California limited partnership TOLL CA GP CORP., a California corporation, General Partner � By: / G �c-rte �. "Oto � By: � Name: �j�-�1rt /�• tLS�i� Name: Title: Title: (See attached notary) Ey' HIBTf ••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, O, Pq Qq, R, S & T as shown of the final Subdivision Map 7996, Recorded 2005, in Book Page of Official Records. STATE OF CAUFORNIA. )ss COUNTY OF 01�1YG( Ws+� VEE + «-�-- �5On V.),EE- - -.000 before me, a Notary Public in and for said State, known to me personally appeared ,personally on 66- lwaa:&%r-%f r-- %AW I%.A W%.%.f I %w v Diinew to be the person(o!vhose name(p4*is/am subscribed to the within instrument and I I-Ij IV ailu mAddagar.0- JV acknowledged to me that he/sheftey executed the same in hisilierfteir authorized capacfty(ies),and that by 0 r%riflaal hisih.. r signature($)on the instrument the person( )or the entity upon behalf of which the person(o acted, executed the instrument. WITNESS my hand and official seal. . 17 Signature BARNS MIST - ConMnMlbn#1425041 CaMomia Cmft Coda county MKOINT16 Jun 16,2007 STATE OF CALIFORNIA )ss COUNTY 0 L fiaio On 05 before me, it 0' a Notary Public in and for said State, personilly appeared(!Zq�P�Lw-- U personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name i subscribed to the within instrument and ovs, /t ,and that by acknowledoed to me thaCh" executed the same in�tity authorized capacity(i r signature on the instrument the personM,. or upon behalf of which th�person�'�'acted, ��i t 'r 0.6 fl-OW xectuted the instrument. WITNESS my hand and o i ial seal. Signatu e LISA A.DALZIEL Commission# 1377110 Z •�s' Notary Public - California Contra Costa County My Comm.Expires Sep 28,2006