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HomeMy WebLinkAboutMINUTES - 02272007 - C.11 SE L _o� TO: BOARD OF SUPERVISORS :�=� - . Contra ` y=''; 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