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Home My WebLink AboutMINUTES - 10172006 - C.2 V� s -L TO: BOARD OF SUPERVISORS, as the Governing Body of 'i��= � �--��' Contra F r the Contra Costa County Flood Control and Water Conservation Districtz1�^"'`�'�`�—n;�-� !Q Costa FROM: MAURICE M. SHIU, CHIEF ENGINEER �'� =- �` U®unty coUNTR DATE: October 17, 2006 SUBJECT: MS 357-313-04 Accept five Grant Deeds of Development Rights, Antioch area. (District V) Project No. 0651-6L72RP. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND.IUSTIFICA-rION Recommended Action: A. APPROVE Reversionary Condition and ACCEPT Grant Deeds of Development Rights executed On September 18, 2006 from In-Shape Health Clubs;huc., in connection with Minor Subdivision 357-313-04 in the City of Antioch to ensure payment of Drainage Area Fees APN: 072-012-112 (TRACTS 1-B, 1-C, I- D, I-E & 1-F). B. AUTHORIZE the Chair,Board of Supervisors, to execute said documents on behalf of the District. C. DIRECT the Real Property Division to have the above referenced Grant Deeds of Development Rights recorded in the Office of the County Recorder. Financial Impact: The Grant Deeds of Development Rights ensure that future drainage area fees will be paid when the property develops. There is no immediate financial impact. Continued on Attachment: X SIGNATURE: &AL _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED_OTIIEll VOTE OF SUPERVISORS _UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. OR:Id (V�� y G:UZealProp\2000-PilesVBOs&Res 06ABoard Order Antioch.doc ATTESTED: zT. JOHN CULLEN, Clerk of the Board of Orig. Div: Public Works(R/P) Supervisors and County Administrator Contact: Olivia Reynolds(313-2306) cc: County Administrator By Deputy Auditor-Controller(via R/P) P. W.Accounting Recorder(via R/P) L Bergeron,Computer Services SUBJECT: MS 357-313-04 Accept five Grant Deeds of Development Rights, Antioch area. (District V) Project No. 0651-6L72RP. DATE: October 17, 2006 PAGE: 2 of 2 Reasons for Recommendations and Background: Accepting the Grant Deeds of Development Rights will secure future drainage area fees. Consequences of NeIzatiye Action: Failure to accept the grant deeds may result in lost fee revenue. Recorded at the request of: CONTRA COSTA COUNTY Flood Control and Water Conservation District Return to: Flood Control Engineering, Attn.: Edward Turner Public Works Department, Records Section Project No.: Minor Subdivision 357-313-04 (Antioch) APN: 072-012-112 (TRACT 1-E) GRANT DEED OF DEVELOPMENT RIGHTS In order to secure full payment of the Drainage Area 55 fee,which is now due and payable pursuant to Contra Costa County Flood Control and Water Conservation District Ordinance No. 2002-23 for the real property shown as APN 072-012-112, In-Shape Health Clubs, Inc., owner hereby grants, subject to the following right of reversion,to the Contra Costa County Board of Supervisors as the governing Board of the Contra Costa County Flood Control and Water Conservation District, Grantee, and its governmental successor or successors, the future "development rights,"as defined below over a portion of that real property known as a portion of Lot 2, as shown on Lot Line Adjustment, filed for record on January 1, 2005 as R.S.N. 2005-33669, Contra Costa County situated in the City of Antioch, County of Contra Costa, State of California, and more particularly described in Exhibit A (hereinafter referred to as the "Restricted Development Area"). "Development rights" are defined to mean and refer to the rightto approve or disapprove of any proposed construction, development or improvement within the "Restricted Development Area." The "development rights" are and shall be a form of negative easement which shall run with the said property and shall bind the current owner and any future owners of all or any portion of the said Restricted Development Area unless and until the reversionary condition described below (being payment of Drainage Area 55 fees for the Restricted Development Area) has occurred. Any owner or owners of all or any portion of the Restricted Development Area desiring to develop any improvement requiring the approval of Grantee or its governmental successor herein shall submit to such entity a written proposal describing the nature, extent, and location of such improvement. Grantee or its governmental successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate until such time as the reversionary condition described below occurs. G:\RealProp\2006-FileslGrant Deed of Development Rights-Trackl-E.doc PAGE -1- REVERSIONARY CONDITION Notwithstanding all the foregoing, upon the payment in full of all Drainage Area 55 fees for the Restricted Development Area that are due at the time of such payment and at the current rate when payment is made, all rights, privileges, title and interest granted above shall automatically revertto the undersigned owner of the Restricted Development Area,or the successor(s) in interest of such owner. By recording this instrument, Grantee agrees that upon payment being made, Grantee, or its successor(s), shall thereupon record a full reconveyance to said owner, or its successor(s) of all rights, privileges, titles and interest created by this instrument or arising hereunder. In Shape Health Clubs, Inc. Contra Costa County Board of Supervisors By: / 2i By: Morton Rothbard, President Board Chair By: Paul Rothbard, CEO G: \Real Prop\2006-Files\Grant Deed of Development Rights-Tra ckl-E.doc PAGE -2- MS 357-313-04 Accept five Grant Deeds of Development Rights, Antioch area District V Project No. 0651-6L72RP Date: OCTOBER 17 , 2006 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On OCTOBER 17 , 2006 before me, EMELDA L. SHARP Deputy Clerk of the Board of Supervisors, Contra Costa County personally appeared SUPERVISOR JOHN GIOIA personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. By: �—Deputy Clerk Exhibit"A" Legal Description TRACT 1-E Grant of Development Rights A tract of land,being a portion of Lot 2, as shown on Lot Line Adjustment, filed for record on January 1, 2005 as R.S.N. 2005-33669, Contra Costa County Records, situate in the City of Antioch, County of Contra Costa, State of California,being more particularly described a follows: Commencing at the most Westerly corner of said Lot 2; thence North 47°36'46"East, along the northwesterly line of said Lot 2, a distance of 12.00 feet to the Point of Beginning; thence North 47°36'46" East, continuing along the northwesterly line of said Lot 2, a distance of 187.38 feet; thence South 31 26'09"East 254.81 feet; thence South 47°36'48"West 138.97 feet; thence North 42°23'14" West 250.17 feet to the Point of Beginning. Containing 0.94 Acres, more or less. END DESCRIPTION MD Ex. 9.33.oe WAY V 5 A Qg GG. i V br�9' a 3, I I -NORTHWESTERLY - 1 B / UNE 4F TRACT LOT 2 + `RE = 0.94f ACRES 3 I �p i � / (� 6 �• V pC1� Ei. I ti N4.364' E- Po.B.- Ex. Db . N 473646' E- ' 12.00' `� OF r ��t pp I 1` MOST WESTERLY CORNER OF LOT 2 SCAM 200' 01 JOB NO. 02-049 '-'� -- DATE MAR. 7 2006 CITY OF ANTIOCH ng��e�rmg Group'Imo' SCALE " = 200' GRANT OF C!V!L ENGINEERING• SURVEYING • PI WNING 909 74th Street Madesfa, Cl 95354 DR. BY RRM DEVELOPMRNTRIGH7S (209) 524-3525 Phone (209) 524-3526 Fax R D6v Grcnt r-F EXHIBIT °B' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of gan J!� I (J On ��-7�{-=*' ��r �� before me, Mi Af el a4u, N® t �-b I V Date Name and Title of Officer(e.g.,"Jane Doe,Notary Publi personally appeared �a 1��7�L7Cl''k Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their M�JAMR ELUL MIO authorized capacity(ies), and that by his/her/their Comms#1536623 signature(s) on the instrument the person(s), or the -� NotaryPUbNc-Catgomlo entity upon behalf of which the person(s) acted, San Joagtin Cml i♦r executed the instrument. MY Comm bomw=Dea1V,20 WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTlO AL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docunrt ( t r Title or Type of Documpe�nt: VCM �J Document Date: IV 0 (. Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited [] General ww!Vj ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top o1 thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Bax 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. �� oo� On <... before me, Date ® �Q Na e and rile of Otte r(e.g.,-Jane Doe.Notary Public_- personally appeared1� (� Name(s)of Signer(s) ❑personally known to me ved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or 1. MONA D.STONE the entity upon behalf of which the person(s) W COMM.#1523666 NOTARY PUEUCacted, executed the instrument. -CALIFORNIA a �. SAN DIEGO COUNTY t: My Comm.Expires October 31,20081 WITNESS my hand and official s C7L/ signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �Q�, fin! 'Sy��_n,,-�-,�/� Title or Type of Document: Vr � �' `-�' o-H[)e(j vqyY Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb dere ❑ Corporate Officer—Title(s): ❑ Partner—O Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . 'C 1999 Na1",onel Notary Assoriation•9350 be Soto Ave..P.O.Boz 2402-Chatswoeh,CA 91313-2402•v .natiooalnotaryarg Prod.No.5907 Reorder:Call TOI6Free 1-800.876-6827