HomeMy WebLinkAboutMINUTES - 02272007 - C.11 SE L
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TO: BOARD OF SUPERVISORS :�=� - . Contra
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR - `4 Costa Q•>
DATE: February 27, 2007 °°'r `�� County
ST'`1 COUtz�
SUBJECT: Accepting Grant Deed of Development Rights for Minor Subdivision 05-00027, for project being
developed by Madeline M. Furman, Trustee of the Madeline M. Furman Trust, Raymond M.
Trebino and John C. Trebino, Alhambra Valley/Martinez area. (District II)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ JOY for Minor Subdivision 05-00027, accepting Grant Deed of Development
Rights, for project being developed by Madeline M.Furman,Trustee of the Madeline M. Furman Trust,Raymond
M. Trebino and John C. Trebino, Alhambra Valley/Martinez area. (District II)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Condition of Approval number 18 requires the applicants to Grant Deed of Development Rights within the creek
structure setback area of an unnamed tributary of Alhambra Creek.
CONSEQUENCES OF NEGATIVE ACTION:
The Grant Deed of Development Rights will not be recorded.
Continued on Attachment: ,/' SIGNATURE:
RECOMMENDATION OF COUNTY ADMI
_RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
SIGNATURES
ACTION OF BO R ON Gv4-Y APPROVED AS RECOMMENDED OTHER
vooF SUPEVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT O�L'' ) ' 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:\EngSvc\BO\2007\02-27\BO-27 MS 05-0027.doc
Originator: Public Works(ES) ATTESTED: /�ayu'a'Y
Contact:S.Gospodchikov(313-23-2 316)
Recording to be completed by Title Company JOHN CULLEN, Clerk of Ke Board of
cc: Current Planning,Conmwnity Development Supervisors and County Administrator
Madeline M.Furman,Trustee of the Madeline M.Furman Trust
Raymond Trebino and John C.Trebino
2644 Reliez Valley Road
Martinez,CA 94553
Old Republic Title Company By , Deputy
3000 Clayton Road
Concord,CA 94519
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 27, 2007 by the following vote:
AYES: Gioia, Uilkema, Bonilla,
Glover and Piepho
NOES: None
ABSENT: Noire
ABSTAIN: None
-- -- - — RESOLUTION NO. 2007/00
SUBJECT: Accepting Grant Deed of Development Rights for Minor Subdivision 05-00027, for project being
developed by Madeline M.Furman,Trustee of the Madeline M.Furman Trust,Raymond M.Trebino
and John C. Trebino, Alhambra Valley/Martinez area. (District II)
IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED:
INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT:
Grant Deed of MS 05-00027 Madeline M. Alhambra II
Development Rights APN: 366-010-008 Furman, Trustee of Valley/Martinez
the Madeline M.
Furman Trust,
Raymond M.
Trebino and John C.
KD:vz Trebino I hereby certify that this is a true and correct copy of an action
G:\EngSvc\130\2007\02-27\BO-27 MS 05-0027.doc taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES) On the date shown.
Contact S.Gospodchikov(313-2316)
Recording to be completed by Title Company
cc: Current Planning,Community Development
ATTESTED:
Madeline M.Furman,Trustee of the Madeline M.Furman Trust JOHN CULLEN,Clerk of the Board of Supervisors and County
Raymond Trebino and John C.Trebino Administrator
2644 Reliez Valley Road
Martinez,CA 94553
Old Republic Title Company By ,Deputy
3000 Clayton Road 4601Cwicord,CA 94519
RESOLUTION NO.2007/
Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Alhambra Valley/Martinez t
Subdivision: MS 0500027
APN.- 366-010-008
GRANT DEED OF DEVELOPMENT RIGHTS
(Creek Structure Setback)
To meet condition of approval numberl 8,we,Madeline M.Furman,Trustee of the Madeline 1VI.
Furman Trust U/A/D 8/16/91 and Raymond M. Trebino and John C. Trebino, as Tenants in
Common, hereby grant to the County of Contra Costa, a politicai 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
of Minor Subdivision MS 0500027, 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 (creek structure setback)." .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 0Q'rO645je ?AO SC50 (Date).
Madeline M. Furman Trust U/A/D 8/16/91
•
(Signature) •
Madeline M. Furman, Trustee
(Signature) e
Raymond M. Trebino
(Signature)
John C. Trebino
(See attached notary)
G:\GipData\EngSvc\Ken\Projects\MS050027\DE-I FRM.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofC�A/�i /�I 1 OPTIONAL SECTION
Countyof Ce,,,y1 Z/I Ccs-/4 / p CAPACITY CLAIMED BY SIGNER
On 0- �U 'C before me,�@v�P�71 LlSN C IYI'AIll12t�0,/I�fut2lf fu6/ G Though statute does not require the Notary to fill in
DA
NAM,TITLE OF OFFICER E.G., JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
/ / £ persons relying on the document.
personally appeared 1 9,1el,'A/c' l�. /N/ls7rtn/ k0fia ely7/� T/PChimy , Lh!✓C�rc'E'f7i
NA s)oFstGNER(s) .0. INDIVIDUAL
0 personallyknown to me-OR-'proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)asfare TITLE(S)
BEVERLY SUE MCMURDO subscribed to the within instrument and
COmMUk)n t11 1547625 acknowledged to me that4te/she/they executed 0 PARTNER(S) ❑ LIMITED
the same in his/har/ther authorized
N04aly PtIb11C-CaaNffallo i0 GENERAL
COIMIO coda CCU* capacity(ies),and that byA+s/her/their
❑ ATTORNEY-IN-FACT
signature(s)on the instrument the person(s)or
44PMyC0MM.E>�.1an27, the entity upon behalf of which the person(s) 0 TRUSTEE(S)
acted,executed the instrument. . ❑ GUARDIAN/CONSERVATOR
❑ OTHER:
WITNESS my hand and official sea], SIGNER IS REPRESENTING:
C / t NAME OF PERSON(S)OR ENTITY(
IGITATURE OF NOTARY
OPTIONAL SECTION /
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document 6269,,/ Zo Onyei. Ic ilj�[S
TO THE DOCUMENT AT RIGHT. Number of Pages
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.
Il. 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. Ja 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\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc
RpvsAugust'I 20dt,
MS050027
EXHIBIT "A"
All that real property situated in the County of Contra Costa,State of California,described as
follows:
A portion of parcel A designated as Restricted Development Area(Creek Structure Setback)
as shown on the parcel map of Minor Subdivision MS050027, on file at the County Recorder's
Office as follows:
Date:
Book:
Page:
KD
G:\GrpData\EngSvc\Ken\Projects\MS050027\GDDRcreek structure setback exA