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HomeMy WebLinkAboutMINUTES - 10182005 - C4 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKSDIRECTOR DATE: October 18, 2005 SUBJECT: Accepting Grant Deed of Development Rights(Scenic Easement), for Minor Subdivision 02- 000 16, 2-00016,being developed by the 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) SPECIFIC REQUESTS)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ for Minor Subdivision 02-00016, accepting Grant Deed of Development Rights(Scenic Easement),for project being developed by the Woodworth Living Trust,dated January22,2001,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 RECOMMENDATION(S): Condition of Approval number 14 of Minor Subdivision 02-00016 requires a scenic easement specifying no grading or development activity within the easement area. The Public Warks Department has reviewed the instrument and the parcel map and has determined that recording of this instrument will satisfy Condition of Approval number 14. CONSEQUENCES OF NEGATIVE ACTION: The instrument will not be accepted and Condition of Approval number 14 will not be satisfied. Continued on Attachment: c ' SIGNATURE: COMMENDATION'OF COUNTY'ADMINISTRATOR r_RECOMMENDATION OF BOARD COMMITTEE _y.A PPROVE OTHER e SIGNATURES : ACTION Oli BOA N O 0 Y 2Z4VJ&Jj APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOTE F SUPERVISORS copy of an action taken and entered on the >l UNANIMOUS(ABSENT minutes of the Board of Supervisors on the AYES. NOES: date shown. ABSENT: ABSTAIN: :% rm GGr '+� Y:1GrpData�EngSvc\BO\200i110-181MS 02-00016 BATTESTED: ze yr 0-27.doc � - Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact:Slava Gospodchikov(313-2316) cc: Current Planning,Community Development Supervisors and County Administrator The Woodworth Living Trust 675 La Casa Via Walnut Creek,CA 94598 Placer Title Co.,Attn:Valerie Cunningham 5356 Clayton Road,#101 By AM _, 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: Gioia,Piepho,DeSauln er,Glover and Uilkema NOES: None ABSENT: Nome ABSTAIN: None RESOLUTION NO. 2005/ !;�G SUBJECT: Accepting Grant Deed of Development Rights(ScenicEasement),for Minor Subdivision 02-00016, being developed by the 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) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 02-00016 The Woodworth Living Trust, Walnut Creek III Development Rights dated January 22, 2001, and (Scenic Easement) the Douglas and Lotus Woodworth Charitable Remainder Unitrust, dated December 30,2003 APN: 140-180-020, -021 LS:rm I hereby certify that this is a true and correct copy of an action G\GrpData\EngSvc\BO\2005\10-18\MS 02-00016 BO-27.doc taken and entered On the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact:Slava Gospodchikov(313-2316) Recording to be completed by Placer Title Co. L cc: Current Planning,Community Development The Woodworth Living Trust ATTESTED: 675 La Casa via JOHN SWEETEN, Clerk of the Board of Supervisors and Walnut Creek,CA 94598 Placer Title Co.,Attn:Valerie Cunningham County Administrator 5356 Clayton Road,#101 Concord,CA 94521 (925)689-3331 /r By .Ti.rELAy�f,.• ,Deputy RESOLUTION NO.2005/ � '' Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Records Section' Area:Walnut Creek Subdivision:MS 02-0016 APN: 140-180-020& 140-180-021 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet conditions of approval number 14 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 define hereinbelow over a portion of the real property known as Parcels A,B,C and.D of Minor Subdivision MS02-0016, situated in the County of Contra Costa, State of California and more particularly described in "E,xhib t 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 within the,areas marked"restricted development area." 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 number 14 of Minor S division MS02-0016. The undersigned executed this instrument on ' 1005. Woodworth Living Trust, dated January 22, 2001 By: 7 Dou as Harald Woodworth,Trustee And by: el X�1 Lotus Pearl Woodworth,Trustee Douglas and Lotus Woodworth Charitable Remainder Unit ,dated December 30;200 `—J Ey: .--'` Enos Chabot,Trustee MS 02-00016 EXHIBIT „A„. All that real property,situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels A, B, C, and D designated as restricted development area (scenic easement) as shown on the parcel map of Minor Subdivision,02-00016, on file at the County Recorder's Office as follows. Date Book: Page: LS;nn c:\GrpDatatE svc\Uurie*mjects\MS oz-oot )aUSIT-A 9.29.05.d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } } SS'. COUNTY OF n before me, the undersigned, a Notary public in and for said Sta rsonally.appea Narne(s)of aigner(s) I Personally known to me OR El proved to me on the basis of satisfactory evidence to be the person(s) whose names) %are subscribed to the within instrument and acknowledged to �Seirlftheir that Ilieltfiey executed the same in ftheir authorized capacity(ies), and that by AMIUDA signature(s) on the instrument the person(s),,or the Commlaian l6mto entity upon behalf of which the person(s) acted, Makiry hrlfc-cw executed the'instrument. Witne s my an seal. Lf 'VW Sig;natcre tf Not (Area above for official notarial seal) Name(Typed or Printed) Capacity Claimed by Signer Description of Attached Document E3 Individual(s) (Although this information is optional, it could prevent fraudulent E3 Corporate Officer(s) -Title(s) ,A,J1,4 attachment of this certificate to another document.) This certificate is for attachment to the document described`below; Title or type of document E] Partner(s) ;l -- © Attorney-in-Fact M Trustee(s) E3 Guardian/Cons Number of pages E3 tither: Date of document Signer(s) other than named above Signer is Represe ti g: Name of person(s) or Entity(ies) SAV-191 A(7/93)