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Home My WebLink AboutMINUTES - 10182005 - C3 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 18,2005 SUBJECT: Approving the Parcel Map and Accepting Grant Deed of Development Rights (in lieu of bonding re uired improvements)for Minor Subdivision 02-00016,Walnut Creek area. 2istrict III) No SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS): ADOPT Resolution No. 20051 GG 7 for Minor Subdivision 02-00016,approving the Parcel Map and Accepting Grant Deed of Development Rights(in lieu of bonding required improvements),being developed by Woodworth Living Trust,dated January 22,2001,and the Douglas and Lotus Woodworth.Charitable Remainder Unitrust,dated December 30, 2003,Walnut Creek area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR...RECOMMENDATIONS): The Public Works Department has reviewed the conditions of approval for Minor Subdivision 02-00016 and has determined that by granting development rights in lieu of bonding to the County over Parcels `C' and `D', the applicant may file the Parcel Map for Minor Subdivision 02-00016. CONSEQUENCES OF NEGATIVE ACTION: The parcel map will not be approved and the Grant Deed of Development Rights (in lieu of bonding required improvements)will not be accepted. Continued on Attachments_.- SIGNATURE: L�42�A� COMMENDATION OF COUNTY ADMINISTRATOR r,RECOMMENDATION OF BOARD COMMITTEE , rP14,OVE OTHER SIGNATURE(SI. ACTION OF BO N APPROVED AS RECOMMENDED OTHER VOVO OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 7 le .�} copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LS:nn G:\GrpData\EngSvc\BO\2005\10-18\MS 02-00016 130-21.doc Originator:Public Works(ES) Contact: S.Gospodclukov(313-2316) ATTESTED: C'i'6�Y'/so cc: Public Warks-T.Sell,Construction JOHN SWEETEN, Clerk of the Beard of Current Planning,Community Development Douglas&Lotus Woodworth Supervisors and County Administrator 675 La Casa Via Walnut Creek,CA 94598 Placer Title Company Arin:Valerie Cunningham 5356 Clayton Road,#101 By ;Deputy Concord,CA 94521 " (925)689-3331 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 October 18, 2005,by the following vote: AYES"s Gioia,-Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAINNone RESOLUTION NO. 2005/ SUBJECT: Approving the Parcel Map and Accepting Grant Deed of Development Rights(in lieu ofbonding required improvements)for Minor Subdivision 02-00016,being developed by Woodworth Living Trust, dated January 22, 2001, and the Douglas and Lotus Woodworth Charitable Remainder Unitrust,dated December 30,2003,Walnut Creek area. (District III) The following documents were presented for Board approval this date: I. Map The parcel map of Minor Subdivision 02-00016, property located in the Walnut Creek area, Supervisorial District TII, said map having been certified by the proper officials. LS:rm G:\GrrpDatalEngsvc\BO\2005\10-18\Ms 02-00016 BO-21.doc Originator:Public works(Es) I hereby certify that this is a true and correct co of an action Contact: s.'Gospodchikov(313-2316) copy taken and entered on the minutes of the Board of Supervisors on cc: Public works-T.Bell,Construction the(late shown. Current Planning,Community Development Douglas&Lotus Woodworth 675 La Casa via ATTESTED: „ E . Walnut Greek,CA 94598 Placer Title Company JOHN SWEETEN,Clerk of the Board of Supervisors and County Atm:Valerie Cunningham Administrator 5356 Clayton Road,#101 Concord,CA 94521 (925)689-3331 By _ "' ' ,Deputy RESOLUTION NO.2005/ SUBJECT: Approving the Parcel Map and Accepting Grant Deed of Development Rights(in lieu ofbonding required improvements)for Minor Subdivision 02-00016,being developed by Woodworth Living Trust, dated January 22, 2001, and the Douglas and Lotus Woodworth Charitable Remainder Unitrust,dated December 30,2043,Walnut Creek area. (District III) DATE: October 18, 2005 PAIGE: 2 II. Instrument A Grant Deed of Development Rights, granted by Woodworth Living Trust and Douglas and Lotus Woodworth Charitable Remainder Unitrust,in lieu ofbonding the improvements required for Minor Subdivision 02-00016. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2005-2046 tax lien has been paid in full and the supplemental tax lien is $0.00. NOW, THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said instrument, Grant Deed of Development Rights (in lieu of bonding requirements), is hereby ACCEPTED. All deposit permits are on file with the Public Works Department. .,.ti `z. Ott o MSCL Q.< :yam w '^ ' X �r � < r � tU._ 16 b r� c *- s ` _ 4 �'ItI n n lid .r Z U. r4 +d a Ci �}y't1f 4i At C) 7f5 C ;z � , VA It r* SAffi iN, �Ilf i W ' 'a py va w 6 sm s _ kv �'jY O � k�k;tY�2 �Ap E 180•�2� 41 Oa..: Q �^ .O�s � . h� •r C.LLb Grw z IV �� N ,y, /��,, � <��./gyp•: ,�� 1p r ,,`9c S v~ his, ' Y�,�,aiy / J �k `3 �'; ,� evil ,, / / `yrr� M t4 JAWS N e 304 let cn (L),ZL4E 3 OF7dL8 'N KL L �I w �01 a 5z � � as µNH 51tett •tee a° o , } AVv 3r,�sn>ax v � ' Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Records Section' Area:Walnut Creek Project:MS 02-00016 Assessor's Number:14 0-180-020, -021 GRANT DEED OF DEVELOPMENT RIGHTS (In lieu of bonding required improvements) To meet conditions of approval numbers 22,23,24 and 25 of Minor Subdivision MS02-0016,we the Woodworth Living Trust,dated January 22, 2001,and the Douglas and Lotus Woodworth Charitable Remainder Unitrust,dated December 30,2003(the"Owners")hereby grant to the County of Contra Costa,a political subdivision of the State of California(the"Grantee')and to Grantee's governmental successors,the future development rights,as defined herein below over s portion of the real property known as Parcels C and D of Minor Subdivision 1502=016,situated in the County of Contra Costa,State of California and more particularly described in"ExhjS1t A"" attached hereto and incorporated herein by reference(the"Property"). Development rights are defined to mean and refer to the:right to approve or disapprove of any proposed construction, development or improvement. The development rights are and shall be a form of covenant,which shall run with the Property and shall bind the current Owners and any future Owners of all or any portion of the Property. In the event of a disapproval of proposed construction by Grantee or Grantee's successor,the proposed construction shall not be performed. Grantee, or Grantee's successor,may condition the approval of any proposed construction upon prior or subsequent performance of conditions of approval numbers 22,23,24 and 25 of Minor Subdivision MS02-0016. Owners grant these development rights in lieu of constructing or bonding conditions;of approval numbers 22,23,24 and 25 of Minor Subdivision MS02-0016. Upon completion of the improvements,per the Findings and Conditions of Approval for Minor Subdivision M902-0016 approved by the:County on October 20,2003,or the bonding of these improvements,per the requirements of County Ordinance 94-4.4Grantee,or successor,shall quitclaim development rights back to'Owners. The undersigned executed this instrument on `' 2005. Woodworth Living Trust,dated January 22, 2001 Ey: Dou as arold Woodworth,Trustee And by: fi Lotus Pearl Woodworth,Trustee Douglas and Lotus Woodworth Charitable Remainder U ' t,'dat d Decem' 30,2 03 By. Enos Chabot,Truste Minor Subdivision'`02-00016 EXHIBIT"A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Lots C and U as shown on the parcel map of Minor Subdivision 02-00016, on file at the County Recorder's Office as fellows: Date: Book: Page. G:\GtpData\EngSvc\L.aurfe\projectsWS E6-02\EXHI$tT-A6.}.OSZoc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } SS. COUNTY OF jalki On cQrXro .� beforeme, the undersigned, a notary Public in and for said State personally appeared-�� l4�� Name{s)ofgners) Personally known tome OR 0 proved to me on the basis of satisfacto evidence to be the person(s) whose names) ' /are subscribed to the within in5ruynent and acknowledged to pe,� that l e/they executed the same in )K/11 rltheir aut orized capacity(ies), and that by leis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, jo%jAitl executed'the instrument. V Witn s m ficial se I. 41 MM=7�4 Signat a of of A-4-66a (Area above for official notarial seal) Name jyped or anted) Capacity Claimed by Signer Description of Attached Document L3 Individual(s) (Although this information is optional,it could prevent fraudulent attachment of this certificate to another document.) C3 Corporate Officer(s) - Title(s) This-certificate is for attachment to the document described below: Title or type of documentVim E3 t artner(s) • Attorney-in-Fact D Trustee(s) 13 Guardian/Conservator Number of pages 0 Other: .. Date of document Signer(s) other than named above Signer is Repres ng: Name of person(s) or Entity(ies) SAV-19AA(7/98) g1li 101:1 toll 9/9105 PLAER 30 02-0016 11 pi Tax Collector's.office William J.Pollacek 625 Court Street CO ntCd County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 , RussellV.Watts Martinez.'California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 3/912005 IF THIS TRACT IS NOT FILER BY DECEMBER 31, 2005, THIS LETTER IS VOID This will certify that I'have examined the map of the proposed subdivision entitled: Tract 1 MS# CitT.R.A. 02-0016' WALNUT CREEK 79243 Parcel#: 140-180-020-4 140-180-021-2 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2005-2006 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a;:segregation'is Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax II c or By: