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Home My WebLink AboutMINUTES - 12192006 - C.3 ��Y = � TO: BOARD OF SUPERVISORS .. r:� ��}r. Contra FROM: MAUKICE M. SHIU, PUBLIC WORKS DIRECTOR CostaOM _ . C .3 DATE: December 19, 2006 oa Count a coux't't SUBJECT: APPROVE the vacation of a Grant Deed of Development Rights from a portion of Lot 4 of the Alamo Ridge Subdivision 6419, and accepting a new Grant Deed of Development Rights, San Ramon area (District 111) Proiect No.: 4660-6X 1886 Gov't Code §25367 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)K BACKGROUND AND JUSTIFICA-TION Recommended Action: A. FIND that the proposed change in property rights is Categorically Exempt from the review requirements of the California Environmental Quality Act (Class 5 — Minor Alteration in Land use Limitations). B. FIND that this vacation request is for a Grant Deed of Development Rights that is no longer required for public use (Government Code Section 25367). A description of the area to be vacated is described In Exhibit"A" and shown as Exhibit"B"attached hereto. C. DECLARE that the hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to any reservation and exception described in attached Exhibit"A". From and after the date this Board Order is recorded, the portion vacated no longer is subject to the Grant Deed of Development Rights recorded July 28, 1988, Book 14481, Page 692. D. ACCEPT the Grant Deed of Development Rights from Nicholas Hellmann and Susan Desmond-Hellman dated December 2, 2006 in connection with Subdivi sion 6419. Continued on Attachment: x SIGNATURE: lf�� _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): ACTION OF BOAT N G rn oY .ZaO� APPROVED AS RECOMMENDED_OTHER VOTE OF SUPE ISORSI hereby certify that this is a true and correct ,\ MAN1:1101 S(V.1CANT) DIST 11,- .. copy of an action taken and entered on the A}'FS--------:-- NOES:----=---:-= minutes of the Board of Supervisors on the ABSF_NT:-----------:1 BST,•11N:--=--------- — - date shown. G:\RcalProp�006-Files\BOs K Res 06\I30 Alanw RiJ�e.duc - ATTESTED: Orig. Div: Public Works(R/P) JOHN CULLEN, Clerk of the Board of Contact: Olivia D. Reynolds(313-2306) Supervisors and County Administrator cc: County Administrator Auditor-Controller(via R/P) By Deputy P. W.Accounting Recorder(via R/P) I. Bergeron,Computer Services Grantee Board Orders Senior Clerk,Adm. Community Development Dept.(#SD836419) Subject: APPROVE the vacation of a Grant Deed of Development Rights from a portion of Lot 4 of the Alamo Ridge Subdivision 6419, and accepting a new Grant Deed of Development Rights, San Ramon area (District III) Date: December 19, 2006 Page: Page 2 of 2 Recommended Action: (continued) E. DIRECT the Real Property Division to have a certified copy of the Board Order and the above referenced Deed from Nicholas Hellmann and Susan Desmond-Hellmann recorded in the Office of the County Recorder. Financial Impact: None Reasons for Recommendations and Background: The Community Development Department received a request Isom the owners of a 5.82 acre parcel (APN: 198-220-018) in the San Ramon area for the County to: (1) vacate a 1,068 square foot portion of a restricted development area; and (2) accept a Grant Deed of Development Rights over a 1,068 square .Foot portion of- an existing building envelope. The County has deternzined that the proposal meets the intent and purpose of the original Grant Deed of Development Rights in that construction of the proposed swimming pool and accessory strictures would not result in undesirable impacts to the visual quality of the natural landscape. Consequences of Negative Action: If the action is not taken, the relocation of the building envelope will not occur. EXHIBIT"A" AREA REMOVED FROM GRANT DEED DEVELOPMENT RIGHTS "SCENIC EASEMENT" (14481 OR 689) THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, DESCRIBED AS FOLLOWS: A PORTION OF LOT 4 AS SHOWN ON THE MAP OF SUBDIVISION 6419, FILED JULY 28, 1988 IN BOOK 323 OF MAPS, AT PAGE 39, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF THE SCENIC EASEMENT AS SHOWN ON SAID LOT 4 (323 M 39), THENCE SOUTH 32'38'39" EAST ALONG A NORTHERLY LINE OF SAID SCENIC EASEMENT, 59.14 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING AND CONTINUING SOUTH 32°38'39" EAST ALONG SAID NORTHERLY LINE, 85.69 FEET; THENCE SOUTH 57°21'21" WEST, 15.00 FEET; THENCE NORTH 89°54'00" WEST, 11.00 FEET; THENCE NORTH 30°45'00" WEST, 15.25 FEET; THENCE NORTH 0°06'00" EAST, 33.40 FEET; THENCE NORTH 32°40'00" WEST, 24.00 FEET; THENCE NORTH 8'00'00" WEST, 13.65 FEET TO A POINT ON SAID NORTHERLY LINE AND THE POINT OF BEGINNING. CONTAINING 1,068 SQUARE FEET, MORE OR LESS. SAND G A 3272 P 6/30/2008 9��OF CA`,��Q. EXH I E31 T "B" AREA REMOVED FROM SGENIG EASEMENT O SAN -� PLS 3272 D=20°1q'36" � P 6/30/2008 * R=120,00 L=42.5-7 - - -- ------------ F OF CA��FO ,O I NT OF h0 GOMMENGEMENT ly A4 /6 cr � c0 i�0 - m /U) POINT OF z BE61 NNI N6 LOT 4 N080 00 00 W SULO 641 q 13.65' BU I LD I N6 ENVELOPE 323 M 3q N32°40'00"W LOT 4 SUED 641LI SGENIG EASEMENT 24.00 323 M 3q LU NOO°06'00"E 33.40' m m ° N m N30045'00"W 15.25' N8q°54'00"W 11.00' 55-7°21'21"W i 15.00' LOT4 ------ ----------------------- SUB{ 641 q 323 M 3q SGENIG EASEMENT GRANT DEED OF DEVELOPMENT RIGHTS 5GALE: I"=30' 14481 OR 68q (-7/2Q/VV) JOB#LM-HELLMAN-2005 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Real Property Division 255 Glacier Drive Martine-r_, CA 94553 Atte. Olivia D. Reynolds Area: Alamo Subdivision: Alamo Ridge APN: 195-220-018 GRANT DEED OF DEVELOPMENT RIGHT'S (Scenic Easement) To meet condition of approval number 6,of the Alamo Ridge Subdivision,We,Nicholas Hellmann and Susan Desmond-Hellmann (Owners)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 Lot 4 of Tract 6419 of the Alamo Ridge Subdivision, situated in the County of Contra Costa, State of California and more particularly described in Exhibit"A"and Shown in Exhibit"B". 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 Owners and any future Owner(s) 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 Z OWNER Nicholas Hellmann n Dqsm of -Hellman Ad GARcalProp\Olivia\Las Trampas\Hellmann Grant Deed of Dev.Rights.doc 2/8/06 EXHIBIT "A" AREA ADDED TO GRANT DEED OF DEVlLOPMENT RIGIITS "SCENIC EASEMENT" (1.4481 OR 6,59) THI-3 LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, DESCRIBED AS FOLLOWS: A PORTION OF LOT 4 AS SHOWN ON THE MAP OF SUBDIVISION 6419, FIL I D JULY 28, 1988 IN 1300K 323 OF MAPS, AT PAGE 39, MORE, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING Al' THE MOST NORTHERLY CORNER OF THE SCENIC EASEMENT AS SHOWN ON SAID LOT 4 (323 M 39), THENCE FROM SAID P01NT OF BEGINNING ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET, THE CENTER OF WHICH BEARS SOUTH 78°41'24" EAST, THROUGH A CENTRAL ANGLE OF 20°19'36", AN ARC DISTANCE OF 42.57 FEET; THENCE SOUTH 10°25'00" EAST, 90.70 FEET TO A POINT ON A NORTHERLY LINE OF SAID SCENIC EASEMENT; THENCE NORTH 32°38'39" WEST ALONG SAID NORTHERLY LINE, 59.14 FEET TO THE POINT OF BEGINNING. CONTAINING 1,068 SQUARE FEET, MORE OR LESS. LAND CA G o P 3272 6/30/2008 Q' C EXHIE31T "E3" AREA ADDED TO SGENIG EASEMENT 1..A o PLS 322 R=120.00 P 6/30/2008 L=42.5-7 POINT OF BE INNING 4Q � 00 m N m U) N LOT 4 z SUBD (9419 LOT 4 N08°00'00"W / 323 M 39 SUBD 6419 13.65' cs- 523 M 39 N32040'00"W In SGENIG EASEMENT 24.00 d) I w BU I LD I N6 ENVELOPE N00°06'00"E 33.40' m rn , ° m N50045'00"W� 15.25' N89°54'00"W 11.00' 55-7021'21"N i 15.00' LOT4 ------ --------------- SUBD 6419 323 M 39 SGENIG EASEMENT GRANT DEED OF DEVELOPMENT RIGHTS 5GALE: I"=50' 14481 OR 689 (7/29/88) JOB a LM-HELLMAN-2005 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On _e:- ., 2, 2cc-4�l , before me, Olivia D. Reynolds, Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared A GLN- 'AE1, �',U ander �.�n��. ►� �,�� ,v , who are personally known tome (or proved tome on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted executed the instrument. WITNESS my hand and official seal. c�iE__sE Signature C (Seal) Deputy Clerk o� 3 G:\GrpData\RealProp\FORMS\AK.01.doc T Y