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Home My WebLink AboutMINUTES - 11142006 - C.12 /02 TO: BOARD OF SUPERVISORS —SE L Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ; Costa DATE: November 14, 2006T 14 OOSTq COU ••G�� County SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 03-00028, for project being developed by Carlos A. Hague and Lucia Blanco Hague,Vinod Wadhawan and Kiran Wadhawan, and Robert A. Pritzkow and Elaine S. Pritzkow, Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/_'7Z' for Minor Subdivision 03-00028, accepting Grant Deed of Development Rights(Creek Structure Setback), for project being developed by Carlos A.Hague and Lucia Blanco Hague,Vinod Wadhawan and Kiran Wadhawan, and Robert A. Pritzkow and Elaine S. Pritzkow, Bay Point area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Grant Deed of Development Rights (Creek Structure Setback) is required by conditions of approval number 34. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights (Creek Structure Setback) will not be accepted and recorded. Continued on Attachment: !L/' SIGNATURE: LzItL�k4i�-12L _—,RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,,V PROVE OTHER SIGNATURE(S)- ACTION IGNATURE S -ACTION OF B A ON APPROVED AS RECOMMENDED OTHER 7✓✓ OF SUPEVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct KD:vz copy of an action taken and entered on the G:\EngSvc\BO\2006\11-14\BO-27 MS 03-0028.doc minutes of the Board of Supervisors on the Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) date shown. cc: Current Planning,Community Development Carlos A.Hague and Lucia Blanco Hague 696 San Ramon Valley Blvd,#170 Danville,CA 94526 Robert A.Pritzkow and Elaine S.Pritzkow ATTESTED•Nov �Gdt/Ti 696 San Ramon Valley Blvd,#170 Danville,CA 94526 JOHN CULLEN, Clerk of the Board of Vinod Wadhawan and Kiran Wadhawan 696 San Ramon Valley Blvd,#170 Supervisors and County Administrator Danville,CA 94526 Placer Ti0c Company 1981 N.Boradway,#100 Walnut Creek,CA 94596 Attn:Adam Purinton By , Deputy 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 November 14, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, PIEPHO, GLOVER,AND GIOLA NOES: NONE ABSENT; SUPERVISOR DESAULNIER* RESOLUTION NO. 2006/ ,*,�F SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision 03- 00028,for project being developed by Carlos A.Hague and Lucia Blanco Hague,Vinod Wadhawan and Kiran Wadhawan, and Robert A. Pritzkow and Elaine S. Pritzkow,Bay Point area. (District V) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 03-00028 Carlos A. Hague and Lucia Bay Point V Development Rights APN 095-092-018 Blanco Hague,Vinod (Creek Structure Wadhawan and Kiran Setback) Wadhawan, and Robert A. Pritzkow and Elaine S. Pritzkow KD:vz I hereby certify that this is a true and correct copy of an action G:\EngSvc\60\2006\I 1-14\BO-27 MS 03-0028.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) Contact-S.Gospodchikov(313-2316) on the date shown. Recording to be completed by Title Company cc: Current Planning,Community Development Carlos A.Hague and Lucia Blanco Hague 696 San Ramon Valley Blvd,#170 ATTESTED: Danville,CA 94526 JOHN CULLEN,Clerk of the Board of Supervisors and County Robert A.Pritzkow and Elaine S.Pritzkow 696 San Ramon Valley Blvd,#170 Administrator Danville,CA 94526 Vinod Wadhawan and Kiran Wadhawan 696 San Ramon Valley Blvd,#170 Danville,CA 94526 By ,Deputy Placer Title Company 1981 N.Boradway,#100 Walnut Creek,CA 94596 Attn:Adam Purinton RESOLUTION NO.2006/ )//9 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Bay Point Subdivision: MS 030028 APN.: 095-092-018 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number34, we, Carlos A. Hague and Lucia Blanco Hague, husband and wife, as joint tenants, as to an undivided 40% interest and Vinod Wadhawan Trustee and Kiran Wadhawan, Trustee of the 1998 Wadhawan Family Trust, as to an undivided 30% interest and Robert A.Pritzkow and Elaine S.Pritzkow,husband and wife,as joint tenants, as to an undivided 30% interest, all as tenants in common, the undersigned, being the present title owners of record of the herein described parcel of land,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 Creels Structure Setback of Subdivision MS 030028, 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 nut 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 JUNE 12, 2006 (DceJ. (Signature) / Ca os A. Ha //e THE 8 WADHAWAN FAMILY TRUST (Signature) Vinod Wadhawan, Trustee (Signature) Robert A. Pritzkow (Signatu�r'e) Lucia Blanco Hague THE 1998 WADHAWAN FAMILY TRUST (Signature) Kiran Wadhawan. Trustee (Signature) 6 a;��1 Elaine S. Pdtzkow (See attached notary) G\GipData\EngSvc\Ken\Projects\MS030028\DE-1 FRM.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA OPTIONAL SECTION County of CONTRA COSTA CAPACITY CLAIMED BY SIGNER On 6112/06 ,before me, DEBBIE HEIDEN, NOTARY PUBLIC Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared ROBERT A. PRITZKOW AND ELAINE S. PRITZKOW persons relying on the document. NAME(s)OF SIGNER(S) 0 INDIVIDUAL ❑ personally known to me-OR-)Cl proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED the same in his/her/their authorized 0 GENERAL DEBBIE HEIDEN capacity(ies),and that by his/her/their 0 ATTORNEY-IN-FACT tl'l``•. COMM.#1501879 rn signature(s)on the instrument the person(s)or 0 TRUSTEES) Pub = Notary iic•California (R the entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR = r" CONI A0 STA COUNTY —' acted,executed the instrument. W Jul 19,2003 0 OTHER: myco .Exp. Y ,�„ r+r•r� ITI1 SS y hand nd offic'all� p-- j SIGNER IS REPRESENTING: _ (NAME OF PERSON(S)OR ENTITY(IES)I SIG RE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document GRANT DEED OF DEVELOPMENT TO THE DOCUMENT AT RIGHT. Number of Pages RIGHTS Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than 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 signed exactly 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 stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board b�The President c Any Vice-President GROUP 2. al The 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 the within instrument pursuant to its by-laws or a resolution of its Board of Directors." IC:mw UPWSA\SnARDATA\CmpData\EngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc Rev.August7,200T CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT. State of CALIFORNIA OPTIONAL SECTION Countyof CONTRA COSTA CAPACITY CLAIMED BY SIGNER On 6/12/Ob before me, DEBBIE HEIDEN, NOTARY PUBLIC Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC' � the data below,doing so may prove invaluable to personally appeared VINOD WADHAWAN AND KIRAN WADHAWAN persons relying on the document. NAME(S)OF SIGNER(S) ❑ INDIVIDUAL ❑ personally.sown tome-OR-j� proved tome on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED the same in his/her/their authorized ❑ GENERAL capacity(ies),and that by his/her/their ., DEBBIE HEIDEN signature(s)on the instrument the person(s)or ❑ ATTORNEY-IN-FACT COMM.#1501879 m the entity upon behalf of which the person(s) ❑ TRUSTEE(S) Vy Notary Public-California acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR LWU CONTRA COSTA COUNTY -� ❑ OTHER: My Comm.Exp.July 19,2008 W ESS my hand akNOTAXY l s SIGNER IS REPRESENTING: {NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document GRANT DEED OF DEVELOPMENT TO THE DOCUMENT AT RIGHT. Number of Pages RIGHTS Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than 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 signed exactly 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 stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUP 1. ((a))The Chair of the Board (b)The President (c Any Vice-President GROUP 2. al The Secretary b An Assistant Secretary dThe Chief Financial Officer 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: ff ...and acknowledged tome that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw \\PWS4\SHARDATA\GrpData\EngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc Rev Augost;1',2001'. State of California ) ss. County of Contra Costa ) On June 12, 2006 before me, Debbie Heiden, Notary Public personally appeared Carlos . A. Hague and Lucia Blanco Hague 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. F DEBBIE HEIDEN r COMM.#1501879 m WNotary Public-California l/) CONTRA COSTA COUNTY / a. My Comm.Exp.July 19,2008 SIGNATURE -L /� - - - - - - - - - - - - - - - - - - - - - - - - - -OPTIONAL-- - - - - - - - - - - - - - - - - - - - - - - - - - - Description of Attached Document Title or Type of Document: Grant Deed of Development Rights Document Date: Number of Pages: Signer(s) Other Than Named Above: MS 03-0028 (Dev.No.reference) EXHIBIT"A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels B & C designated as Creek Structure Setback , shown on the Parcel Map of Subdivision MS 03-0028 , on file at the County Recorder's Office as follows: Date: Book: Page: