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Home My WebLink AboutMINUTES - 10182005 - C6 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 18, 2005 SUBJECT: Accepting Grant Deed ofDevelopment Rights'(Creek Structure Setback),for Subdivision 02-08687, being developed by Spanish Trails Associates, LLC, EI Sobrante area. (District I) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ for'Subdivision 02-08687, accepting Grant Deed of Development Rights (Creek Structure Setback), for project being developed by Spanish Trails Associates, LLC, El Sobrante area. (District I) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): Condition of Approval number 57 for Subdivision 02-08687 requires development rights for Creek Structure Setback area be granted to the County. Acceptance of this instrument satisfies Condition of Approval number 57. CONSEQUENCES OF NEGATIVE ACTION: Development rights for the setback area will not be accepted and conditions of approval will not be satisfied. Continued on Attachment:_le- SIGNATURE: _/-RECOMMENDATIONOF COUNTY'ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE Vf'PROVE OTHER SIGNATU 'E S : ACTION OF BOV ON ZPAPPROVED AS RECOMMENDED V OTHER' i I hereby certify that this is a true and correct V�rE OF SUPERVISORS copy of an action taken and entered on the v UNANIMOUS(ABSENTo e—,) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: Ax:m, d� e G:\GrpL7atalEngSvclBO\2005\10-iSISD 02-0$6$7 BATTESTED: G3 O-27.doc 44W,4— Originator: Public works(ES) JOHN SWEETEN, Clerk of the Board of Contact:S.Gospodehikov(313-2316) Supervisors and County Administrator cc, Current Planning,Community Development Spanish Trails Associates,LLC 164 Oak Road Alamo,CA 94507 Old Republic Title Company' By / , Deputy 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 October 18, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES:_ None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ C,19 SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Subdivision 02-08687, being developed by Spanish Trails Associates,LLC, El Sobrante area. (District 1) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRI,2 ENT: REFERENCE: GRANTOR: AREA: , DWRICT: Grant Deed of SD 02-08687 Spanish Trails El Sobrante I Development Rights APN: 433-160-022 Associates, LLC (Creek Structure 433-160=030 Setback) 433-160-059 nH:n„ I hereby certify that this is a true and correct copy of an action c:\c,poata\Engsve\so\zoos\la-ls\SD 02-08687 BO-27.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Coatact:S.Gospodchikov(31,3-2316) Recording to be completed by Old Republic Title Company ,,/ /j� CC. Current Planning,Community Development ATTESTED:-4 i/ ,/V Spanish Trails Associates,LLC JOHN SWEETEN Clerk of the Board of Supervisors and 164 Oak Road ' p Alarm,CA 94507 County Administrator Old Republic Title Company 3000 Clayton Road Concord,CA 94519 By`��,/ `nt ,Deputy RESOLUTION NO.2005/ Recorded at the request of: Contra Costa Counry Public Works Department Engineering Services Return to: Public Works Department Records Section Area: El Sobrante Subdivision: SDO28687 APN 433-160-022,030,059 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 57 of Subdivision SD 028687, Spanish Trails Associates LLC, a California limited liability company hereby grant(s)to the County of Contra Costa, a political subdivision ofthe 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 Lots 10-15 of Subdivision SD028687 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-o° e;-,,, f ail or any portion of said property desiring',to develop any improvement requiring the approval of Grantee, r herein shall submit to sue proposal describing the nature, extent and location of s `irn t. Grantee,or successor, shall have sixty(60)days from receipt o such roposal in which to grant a pr l� isapproval. Failure by Grantee, or su ssat to respond in said time period shall be equivalent to thea of such proposal.' ,,-: The undersigned executed this instrument on v- L (Date). Spanish ails satiates C a California limited li i t company BY: The Austin o I� a Calif* la William F. ehrade ,Jr. Managing 14iember BY: s Inc. Paul Winkler President (See attached notary) G:1GrpUata\EngSvc\Ade1ina4SUB 8697\DE-1 Creek Struc.Setback.dec Subdivision: SD028687 Restricted Development Area(Creek Structure Setback) EXHIBIT"A" All that real property situated in the County of Contra Crista,State of California,described as follows: A portion of Lots 10-1'S designated'as"Restricted Development Area"(Creek Structure Setback),',shown on the final snap of Subdivision'SD028687,on file at the County Recorder's Office as follows': Date: >Book:• Page: GAGrpDaWEngSvc\AdelinaLSLJB 8687\DE-1 Creek Struc.Setback.doc Aril 2,2001 CALIFORNIA ALL-PU POSE ACKNt)WUDGEWNT Saft of OPTIONAL SECTION Countyof CAPACITY CLAWED BY SIGNER. On ` ,before me, � ✓ Thoagh statute does not require the Notary to fill in A NAME TME EG„'JANE KWS NWARY PURUC' the data below,doing so sway prove invaluable to personally appeared V{"it* A 'Tm - 9W `D ► °r � persons relying on the document: NAtd�(sioFstt mt(si MDPY1WUAL personally known to me-Oft- „ proved to me on the heels of satiCORPORATE OFFICERSsfactory evidence ut ( ) be ilii pools)whose names;islare subscribed W the within instalment and m i sts> sckiwwledged to me that heldie ttiey executed PARTNER(S) LIMITED the same in hislltedtheir anthoriaed MA �#Y M UN �'` pitY(iees),and dig by h ss/hetlttieir GGENERAL persons)or At fORNEY-IN-FACT fll4lhl. � � sigxupu�)an t instrument TRUSTEE(S)OTARY PUBUC CALFFORNIA GD rhe aatity�behalf of wh et the persons) CUARDIAN/CONSERVATOR CONt`RA COSTA couNty Cl .exec acts rite imtndmemt OTHER: coi4il r zra X07 WITNESS my hand and official seal, SIGNER IS REPRESENTING: I NAM(WP Na ORamw(am) Y AOUPWARY OPTIONAL SECTION (* hr s THIS CERTIFICATE MUST BE ATTACHED TiPOWU de or Type of Document !t7t TO THE DOCUMENT AT RIGHT. Number of Pages' t Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent',fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS'TO NOTARI'';, The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES; The name and interest'of the signer should be typed'or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. Il. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign tor an Ili a partnership, IV. SIGNATURES FOR.CORPORATIONS Documents s oUld be,sign y two officers,one from each of the following two groups: GROUP I. �aT�he Chair of the Boardb�Te President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instalment to execute instruments of the type in question is required.'A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or'a resolution of its Board of Directors." jcmW G.�3rPDQW p WSVCAP=M1Woxt9 Fowaswt.t,PttxPosE NOTARY.dw `tt 2001