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Home My WebLink AboutMINUTES - 11062007 - C.08 gE I. Contra TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHTU, PUBLIC WORKS DIRECTOR '' - ` Costa DATE: November 6, 2007 ; _ . ' y County SUBJECT: Accept Grant Deed of Development Rights, for Minor Subdivision 06-00027, for project being developed by Patricia Vaughn-Montellano, Brentwood area. (District III) SPECIFIC REQUE-ST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ 6'20 for Minor Subdivision 06-00027,accepting Grant Deed of Development, for project being developed by Patricia Vaughn-Montellano, Brentwood area. (District M) FISCAL IMPACT: None. 13ACKGROUND/REASON(S) FOR RECOMMENDATION(S): Public Works Staff has reviewed the Grant Deed of Development Rights and determined that it satisfies Conditions of Approval Nos. 20 and 21 for Minor Subdivision 06-00027. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: ✓ SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 141�1`R0VE OTHER SIGNATURE (S): ACTION OF BOA YON APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT /t/O7*74— ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. KD:vz G:\hngSvc`,BO`:2l)p7`•.I 1-06\130-27 MS 06-0027.doc ATTESTED: Originator: Public Works(LS) JOHN CULLEN, Clerk of the Board of Contact: S.Gospodchikov(313-2316) Recording to be completed by Title Company Supervisors and County Administrator cc: Current Planning,Community Development Patricia Vau;hn-Montellano 35859 Ashton Place Fremont,CA 94536 By t�, Deputy New Century Title Company 4000 Executive Prkway,Suite 250 San Ramon,CA 94583 Recorded at the request of: Contra Costa County f1o:u'd ul Supervisors Return to: Public Works Department 1711aincering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 6, 2007 by the following vote: AYES: Gioia; Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None - - -- - - - ---- - " — RESOLUTION NO. 2007/�p a20 SUBJECT: Accepting Grant Deed of Development Rights, for Minor Subdivision 06-00027, for project being developed by Patricia Vaughn-Monte]lano, Brentwood area. (District 111) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 06-00027 Patricia Vaughn- Brentwood III Development Rights Montellano KD:yz I hereby certify that this is a true and correct copy of an action G:`%FngSvc'`,f 10`\007`,11-06`.1:10-2', MS 06-0027.doc taken and entered on the minutes of the Board 0.1 Supervisors originator: Public Works(.LS) on the date shown. Con(act: S.Gospodchikov(313-2316) Recording to be completed by Title Company cc. Current Planning,Community Development Patricia Vaughn-Montellano ATTESTED: 35859 Ashton Place JOHN CULLEN,Clerk of the Board of Supervisors and County Fremont.CA 9453(; Administrator New Century Title Company 4000 1\ecutive fh'klvav,Suite 250 San Ramon,CA 94j33 By , Deputy RESOLUTION NO.2007/ 2d Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Arca: Brentwood Subdivision: MS 0600027 APN.: 020-130-008 GRANT DEED OF DEVELOPMENT RIGHTS f (Restricted Development Area) To meet conditions of approval numbers 20 and 21, of Minor Subdivision MS 0600027, Leo H. Vaughn and Evelyn L. Vaughn, Trustees of the Leo and Evelyn Vaughn Living Trust (Owners), 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`Parcel A and undeveloped areas of Parcel B of Subdivision MS 0600027, situated in the County of Contra Costa, State of California and more partiwilarly 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." This restriction will be released, all or in part, when adequate on and offsite drainage facilities are installed, or alternative drainage provisions or releases are secured in conformance with the County Subdivision Ordinance. Prior to reestablishment of development rights, any subsequent construction of impervious surfaces will require the submittal of a Storm Water Control Plan,installation of clean water features,and be subject to the full requirements of the County Stormwater Control Ordinance in effect at that time. 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 onz�fa_�t c2coiz- (Date). Leo H.Vaughn and Evelyn L.Vaughn,Trustees of the Leo and Evelyn Vaughn Living Trust (signature) Patricia Vaug -Montellano — Successor Trustee (See attached notary) G'''GryD;u;i\14ngSvc\Ken\Projects\MS 000027\DE-1 FRM doc KD MS 0600027 EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: .All of those parcels designated as parcels A and B as shown on the parcel map of MS 0600027, on file at the County Recorder's Office.as follows: Date: Book: Page: KD G:\GrpData\EngSvc\Ken\Projects\MS00600027\EXHIBIT-A fORM.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of /O CAPACITY CLAIMED BY SIGNER ,beeform C/ Though statute does not require the Notary to fill in NAM ,TITLE OF FFICER .,"]// „G Q�NOT PUBLIC" the data below,doing so may prove invaluable to personally appeared persons relying on the document. A (S)9OF SIGNER(S) ❑ INDIVIDUAL 0 personally known to me-OR proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the personlN(whose name Is/*C TITLE(S) subscribed to tRe within instn1ifient and acknowledged to me that 6 executed p PARTNER(S) ❑ LIMITED the same In /her/t1t�r1 uthorized ❑ GENERAL capacity and that by /her/tt ❑ ATTORNEY-IN-FACT a signature on the instrument the person or DARLENE C. BAS' �' theg entity upon behalf of which thpersonK❑ TRUSTEE(S) ® COMM.#1552?21 i ❑ GUARDIAN/CONSERVATOR NOTARYPUBUC-CAUFORNIAacted,executed thenstrument. .161 � 0 OTHER: CONTRA tMA COUNTY.C) I S my ha nd officW se COMM.EXP.FEB.21,2009 i SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OF NOTA Y OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the daLfibelow.js not required by law,it may prove valuable_ Date of Document to persons relying w 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. 11. 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. a)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." JC:mW \\PWS4\SHARDATA\GrpData\EngSvc\Fortis\WORD FORMS\ALL PURPOSE NOTARY.doc Rev,August-l;2001