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HomeMy WebLinkAboutMINUTES - 12192006 - C.14 C,�q . Q .14 TO: BOARD OF SUPERVISORS { ``_ Conra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR _ ----- `�`4 Costa DATE: December 19, 2006 County t cciu�� SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 05-00034, for project being developed by Maria A. Hernandez, Martinez area. (District II) SPECIFIC:REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Minor Subdivision 05-00034, accepting Grant Deed of Development Ri<(,hts (Creek Structure Setback), for project being developed by Maria A. .Hernandez, Martinez area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Required by Condition of Approval #53 for Minor Subdivision 05-00034. _CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights (Creek Structure Setback) will not be recorded. Continued on Attachment: SIGNATURE: —4,RLCONIMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARV COMMITTEE .,r1f'PROVE OTHER SIGNATURES : ACTION OF B AI ON GYJ9 G!' Z,9, cA&L7& APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I hereby Certify that this is a true and correct N �NIMO[iS(v..IC�I!VT)DIST. LV` copy of an action taken and entered on the AYES==--=--:--- NOES:----==--=- minutes of the Board of Supervisors on the date shown. KD:vz G:\Fn.Svc\BO\2006\12-19\BO-27 MS 05-0034.doe Originator:Public Works(ES) ATTESTED: ,l�c�riJdi y/� a2�0� Contact: S.Gospodchikov(313-1316) Recording to be completed by Tine Company JOHN CULLEN, Clerk of the Board of cc: Current Planning,Community Development Maria A.Hemandez Supervisors and County Administrator Y.O.Box 1362 Martinez,CA 94553 Placer'1•itle Company 1951 N.Broadway,#100 WalnutCreek,CA 94596 By , Deputy Recorded at the request of: Contra Costa County Board orSupervisurs Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, PIEPHO, GLOVER, AND GIOIA NOES: NONE VACANT: DISTRICT 1N' f `- RESOLUTION NO. 2006/ �D f SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision 05- 00034, for project being developed by Maria A. Hernandez, Martinez area. (District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 05-00034 Maria A. Hernandez Martinez IT Development Rights APN: 362-150-017 (Creek Structure Setback) I hereby certify that this is a true and correct copy of all action taken and entered on the minutes of the Board of Supervisors KD:vz on the date shown. G:1En;Svc1B012006112-19\130-27 AIS 05-0034.doe Originator:Public Works(ES) Contact: S.Gospodchikov(313-2316) yy�Recording to be completed by Title Company c ATTESTED: Y � —/�L� /�/ �j / cc: Current Planning,Community Development Maria A.I lemandez JOHN CULLEN,Clerk of the Board of Supervisors and County P.O.Dox 1362 Administrator Martinez,CA CA 94153 Placer Title Company 1951 N.Broadway,#100 Walnut Creek.CA 94591 By A , Deputy RESOLUTION NO.2006/ d�9 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Martinez Subdivision: MS 0500034 APN.: 362-150-017 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number53, I, Maria A. Hernandez,hereby grant 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 C of Minor Subdivision MS 0500034, 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 (creek structure setback)." 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. The undersigned executed this instrument on e. pz,t (Date). Maria A. Hernandez (Signature) / Maria A. Hernandez (See attached notary) G'\GrpData\EngSvc\Ken\Projects\%lS050034\GDDR creek structure sctback.doc STATE OF CALIFORNIA }SS COUNTY OF L�2 } On Lo Z , before me, S�/,�� a Notary Public in and for said State, personally appea ed xup personally known to me (or igoved to me on the basis of satisfactory evidence) to/be the personWwhose name is re subscribed to the within instrument and acknowledged to me that he they executed the same in his/lie Ytheir authorized capacitSyjeo, and that by hise their signatureWon the instrument the person( or the entity upon behalf of which the person"cted, executed the instrument. WITNESS my hand and official seal. STEPHEN C. GUNNING COMM.#1464358 as NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY y F a My C.mm.Emires January 20,2008 Signature MS 0500034 (Itti•4,¢luau) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of parcel C designated as Restricted Development Area(creel:structure setback)as shown on the parcel map of Minor Subdivision MS 0500034,on file at the County Recorder's Office as follows: Date: Book: Page: KD G:GtgS 'c\I:cn\1'rujerts\\•1S 0500034\EXHIBIT-A RDA