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Home My WebLink AboutMINUTES - 10182005 - C7 TO: BOARD OF SUPERVISORS 44,7 FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR DATE: October 18, 2005 SUBJECT: Accepting Grant Deed of Development Rights (Scenic Easement), for Subdivision 02-08687, being developed by Spanish Trails Associates,,LLC, El Sobrante area. (District I) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONtS ADOPT Resolution No 2005/ for Subdivision 02708687, accepting Grant Deed of Development Rights (Scenic Easement), for project being developed by Spanish Trails Associates, LLC, El Sobrante area. (District 1) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Condition of Approval slumber 23 for Subdivision 02-08687 requires a Scenic Easement for Open Space to be granted to the County. Acceptance of this instrumentsatisfies Condition of Approval number 23. CONSEQUENCES OF NEGATIVE ACTION: Development rights for the scenic easement will not be accepted,and Condition of Approval number 23 will not be satisfied. Continued on Attachment: &�-' SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE kPPROVE OTHER SIGNATURE(S): ACTION QF'BO ON 7r' / '�7 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct V TE OF SUPERVISORS f copy of an action taken and entered on the UNANIMOUS(ABSENT "'�' —_- ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: A1l:rn, ATTESTED: �":✓jd�`o �a G:\GTpData\EngSvc\BO\2005\10-18\SD 02-08687 80-27-2.doc Originator: Public Works(ES) JOHN SWEETEN,Clerk of the Board of Contact:s Gospodchikov(313-2316) Supervisors and County Administrator cc: Current Planning,CornmunityDevelopment Spanish Trails Associates,LLC 164 Oak Road Alamo,CA 94507 } Old Republic Title Company Byfi Deputy Atte:Dawn Cabral,925.687-7880 --D 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 Uiikema NOES: None ABSENT: None ABSTAIN: None' RES'OLUTION NO. 2005! 0521 SUBJECT: Accepting Grant Deed of Development Rights(ScenicEasement),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: INSTRUMENT: REFERENCE: GRANTOR:' AREA: DISTRICT: Grant Deed of SD 02-08687 Spanish Trails El Sobrante I Development Rights APN: 433-160-022 Associates,LLC (Scenic Easement) 433-160-030 433-160-059 AH:rm I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc\BO\2005\10-18\SD 02-08687 BO-27-2.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date'Shown. Contact:S.Gospodchikov(313-2316) Recording to be completed by Old Republic Tide Company cc: Current Planning,Community Development ATTESTED: �''y- /d" -6've�s_ Spanisl Trails Associates,u-c JOHN SWEETEN, Clerk of the Board of Supervisors and 164 oak Road Alamo,CA 94507 County Administrator Old Republic Title Company Attn:dawn Cabral,925-687-7880 3000 Clayton Road Concord,CA 94519 By ,Deputy RESOLUTION NO.2005/ 6'�� Recorded at the request of: Contra Costa County PublicWorks Department Engineering services Return to: Public Works Department Records section Area:JEl Sobrante Subdivision: SD028697 APN: 433-160-022,030,059 GRANT DEED OF DEVELOPMENT RIGHTS To meet condition of approval number 23 of Subdivision SD 028687, Spanish Trails :Associates LLC, a California limited liability company (Owner)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 Parcel A of Subdivision SDO28687 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 marred "scenic easement 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 owie—ror--O%mers of all or any portion.of said propeeloany improvement requiring the approval of Gran' s ss all submit to;such entity a written proposal describing the nature, extent and on of suc i t. Grantee, or successor, shall have sixty(60)days from r o such proposal in which to grant approva"br iso al.'Failure by Grantee, or su or, to respond in said time period shall be equivalent to the approv "o'o's° proposa The undersigned executed this instrument on Spanish Trails Associatels=LLC a California limited 'ability company BY: The A ti up LLC a C r ii iced liability company Man-rWillie F. c ader,Jr. Man- ng M"-, e, BY: Cryiuc-I ,Inc, Pdul Winkler President (See'attached notary) Subdivision: SD028687 Scenic Easement EXH113IT"A) All that real property situated in the County of Contra Costa,State ofCalifornia,described as follows: All of Parcel A'designated as"Scenic Easement", shown on the final map of Subdivision SDO28687,on file at the County Recorder's Office as follows: Date; Books Page: GAGrpData\EngSvctAdelina\SUB 86871DE-1 openspace.doc pnl 2.2007 CALIFORNIA ALL-PURPOSE ACIKNfJWLEDGEMNT State ofLj' w OPTIONAL SECMON County of CAPACITY CLAIMED BY SIGNER- pn ,before me, r Though stat t'does not require he Notary to MI in DATE NAmE iFlLE ofoFFICER GL.*JAW DOE NOTARY Pu6LEc' the data below,doing so way prove invaluable to personally appeared t�' tYI D `��"• ypVA L persons relying on the dot�ument "P Y PP NAMEM OWL Sha?P'R(s) INDIVIDUAL personally known w me OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/art Tis) subscribed to the within instrument and acimowledged toLate dwt helshehhcy executed PARTNEW) LIMITED the same in histherAbeir authorized MAY Mttt+lAR capacity(ies),and that try histhedtheir GENERAL Comm.*749 � signantre(s)on the instrument the person(s)or : ATTORNEY-IN-FACT MARY PUBLIC ChEI"NiA the rarity upon behalfof which the person(s) TRUSTEE{S} CONTRA'C'OSTA COUNTY Q acted,executed the instrument GUARDIANICONSERVATOR. COMM,EXP.MAY 26 20f)7 OTHER: TNESS my hand and official seal, SIGNER IS REPRESENTING " {KOM OF PERSMs)OR MFrf (MS?l A" 'Ai: OPTIONAL SECTION THIS CER'T'IFICATE MUST HE ATTACHED Title or Type of Document &OAkT Dun 07- my. TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Gate of Document ' to persons relying an the document and could prevent fraudulent Signer(s)Other Then Named Above re-attachment of this form INSTRUCTIONS TO NOTARY 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 Signe exact as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be staled. III. SIGNATURES FOR PARTNERSHIPS - Siggning party trust be either a general partner or be authorized in writing to have ffie authority to sign for an tri a partnership. 1V. SIGNATURES FOR CORPORATI€3NS Documents s oUldL be,'s)gne y two officers,one from each;ofthe following two groups: GROUP 1. {a)The Chair of the Board' {b)The President (c Any Vice-President GROUP2. aThe 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 instrument 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 tate within instrument pursuant to its by-laws or a resolution of its Board of Directors." lc:mw G:W"Dw EnySvzWon m%;w0W VOWSW L PU"OSE NWARY.doc Rw.Au�wr,lt3e0t