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Home My WebLink AboutMINUTES - 02142006 - C.15 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR DATE: February 14, 2006 C . 150 SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Subdivision 99-08381, being developed by Shapell Homes, Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ "Y for Subdivision 99-08381, accepting Grant Deed of Development Rights (Creek Structure Setback), for project being developed by Shapell Homes, Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): This acceptance of Creek Structure Setback must be recorded for flood control purposes. CONSEQUENCES OF NEGATIVE ACTION: The Creek Structure Setback will not be accepted and would not meet Title 9 ordinance. Continued on Attachment: SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓<PPROVE OTHER SIGNATURE(S)-/A2/�;,g�' ACTION OF B(7 ON / 6 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOT OF SUPERVISORS /'� date shown. UNANIMOUS(ABSENT �" "� y) AYES: NOES: ABSENT: ABSTAIN: ATTESTED:;t�..1-,e..1 - / c> 4W EH:rrn JOHN SWEETEN, Clerk he Board of G:\GrpData\EngSvc\Fomts\BO WORD\SD 99-08381 BO-27.doc Originator: Public Works(ES) Supervisors and County Administrator Contact:Teri Rie(313-2363) cc: Current Planning,Community Development Shapell Homes 100 N.Milpitas Blvd Milpitas,CA 95035 By , Deputy Attn:Sam Worden First American Title 1355 Willow Way,#100 Concord,CA 94520 Attn:Barbara Pinto 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 February 14, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Subdivision 99-08381, being developed by Shapell Homes, Danville area. (District IIl) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of SD 99-08381 Shapell Homes Danville III Development Rights (Creek Structure Setback) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors EH:rm on the date shown. G;\GrpData\EngSvc\Forms\BO WORD\SD 99-08381 BO-27.doc Originator: Public Works(ES) G�YGt�� Contact:Teri Ric(313-2363) ATTESTED: y / 7-/ Recording to be completed by First American Title JOHN SWEETEN, Clerk o Board of Supervisors and cc: Current Planning,Community Development County Administrator Shapell Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 Atm:Sam Worden First American Title By ,Deputy 1355 Willow Way,#100 Concord,CA 94520 Atm:Barbara Pinto RESOLUTION NO.2006/ 7 Recorded at the request of. Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Danville Subdivision: 99-0838t APN.: 206-030-023,025,028,033,035,036&223-020-017&206-030-026,027 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 178, of Sub 99-08381, Shapell Industries of Northern California,a Division of Shapell Industries,Inc., a Delaware Corp.,hereby grants 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 Alamo Creek of Subdivision 99-08381,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. The undersigned executed this instrument on ` / (Date). Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. (Signature) (Print NamSS& Title)�� (Signature) X ( rim ame& Title) (See attached notary) GAGipDatakEgSvcTornulDE WORDIDE-1 FRM.doc EXHIBIT "A" CREEK STRUCTURE SETBACK A PORTION OF THE LAND SHOWN ON THE MAP OF SUBDIVISION 8381 FILED IN BOOK OF MAPS AT PAGE CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SAID SUBDIVISION 8381 DESCRIBED AS "RESTRICTED DEVELOPMENT AREA" (CREEK STRUCTURE SETBACK), MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF PARCELS "B" AND "C" OF SAID SUBDIVISION 8381. rV/�'./.N^✓�,'L�..�.�� .-^.�,tivN'./v.iW'•, ,-�/�/`✓a. �._ .i v'�/V^. �.Nv ./=-�.Mi�.�/.✓M1.n ... - � -.� i�\\,'V�n/' .'` CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California S County of Santa Clara s On December 28, 2005 before me, Janice T. Kruse,Notary Public personally appeared, >` J.C. Truebridge & Ken Cox personally known to me to be the persons whose names arez subscribed to the within instrument and acknowledged to me that they executed the same ?; in their authorized capacity, and that by their signature on the instrument the persons, or Z< 1; the entity upon behalf of which the persons acted, executed the instrument. 'S u►nncE T.KausE WITNESS my hand and official seal. Z; Cornnussion#1597428 z; Notary Public-California Santo Clara County pM,comr,,.F ,4„g 24,2 Sign ture of Notary Public sOptional Information j> s' Title or Type of Document: Grant Deed of Development Rights, Subdivision 99-08381 « ?7 S Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of ' Shapell Industries,Inc. S << > fS rZ �? )> ri Z ;u ;S ll ?J iS is