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Home My WebLink AboutMINUTES - 02272007 - C.20 C;JV TO: BOARD OF SUPERVISORS ° Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa x;. ;hmrae DATE: February 27, 2007 ,cP�� STt C61i-- County SUBJECT: Accepting Grant Deed of Development Rights (Scenic Easement), for Subdivision 05-08984, for project being developed by O'Brien at Pacheco,LLC,Martinez area. (District II) SPECIFIC REQUEST(S)OR RE 3OMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Subdivision 05-08984, accepting Grant Deed of Development Rights (Scenic Easement), for project being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) i FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Public Works Department has reviewed the Conditions of Approval for Subdivision 05-08984 and has determined that this Grant Deed of Development Rights (Scenic Easement) satisfies Condition of Approval #7, 8 and 81. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights (Scenic Easement)will not be accepted. Continued on Attachment: ✓" SIGNATURE: ,COMMENDATION OF COUNTY ADMINIST RECOMMENDATION OF BOARD COMMITTEE e.—APPROVE OTHER SIGNATURES : ACTION OF BOON PPROVED AS RECOMMENDED OTHER vo of SU ERVISORS � � I hereby certify that this is a true and correct UNANIMOUS(ABSENT NQw ems) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LS:vz G:\EngSvc\BO\2007\02-27\BO-27 SD 05-8984.doc Originator: Public works(ES) ATTESTED: � �� wp 4ew � Contact: S.Gospodchikov(313-2316) JOHN CULLEN, Clerk of Ke Board of Recording to be completed by Title Company Supervisors and County Administrator cc: Current Planning,Community Development O'Brien at Pacheco,LLC 950 Tower Lane,Suite 1250 Foster City,CA 94404 By , Deputy Attn:Eric Keller First American Title Company 6683 Owens Drive Pleasanton,CA 94588 Attn:Barbara Pinto 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, CALIFORNIA4 Adopted this Resolution on February 27, 2007 by the following vote: r AYES: Gioia,Uilkeina, Bonilla, Glover and Pieplio NOES: None ABSENT: None ABSTAIN: None - — - --- RESOLUTION NO. 2007/ SUBJECT: Accepting Grant Deed of Development Rights (Scenic Easement), for Subdivision 05-08984, for project being developed by O'Brien at Pacheco, LLC,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 SD 05-08984 O'Brien at Pacheco, Martinez II Development Rights LLC (Scenic Easement) LS:vz I hereby certify that this is a true and correct copy of an action G:\Engsvc\Bo\2007\02-27\BO-27 SD 05-8984.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 2 y cc: Current Planning,Community Development ATTESTED: ! �� / 02 °2Z0,V .7 O'Brien at Pacheco,LLC JOHN CULLEN,Clerk of the Bo rd of Supervisors and County 950 Tower Lane,Suite 1250 Administrator Foster City,CA 94404 Attn:Eric Keller First American Title Company 6683 Owens Drive Pleasanton,CA 94588 By A Deputy Attn:Barbara Pinto Q RESOLUTION NO.2007/ J 7 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Arca: Martinez Subdivision: SD 05-08984 APN.: 161-262-022,-023 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet condition of approval numbers 7,8 and 81,of SD 05-08984,we,O'Brien at Pacheco,LLC, a California Limited Liability Company(Owner),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 Parcels B,C,D,E,F,G,H,J,L,M,P and R of Subdivision 05-08984, 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(scenic easement)." 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 constriction 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 1211 106 (Date). O'Brien at Pach o, LC, a California Limited Liablit Compan (Signature) :��ZQ /`. (Print am a d title) Ja w�.t> F Po(lo-r V,c e. Pres } (Signatur (Print name and t' a Charles K. Schoenberger (See attached notary) Senior Vice President G:\EngSvc\Laurie\?006\June\SD 05-00984 DE-Ldoc LS:vz SD 05-08984 'EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Parcels B, C,D, E, F, G, H,J, L,M,P and R designated as "Restricted Development Area (Scenic Easement)" as shown on the Final map of SD 05-08984, on file at the County Recorder's Office as follows: i i { Date: Book: e Page: G:1EngSvcU-rurie\'-7006Vmic1SD 05-08984 EXHIBIT-A.doc LS:vz CALIFORNIA ALL-PURPOSE ` ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MAT,EO On December 15,2006 before me, Frances Gould,Notary Public DATE NAME,TITLE OF OFFICER,NOTARY PUBLIC personally appeared, Tames F. Pollart personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. FRANCES GOULD WITNESS my hand and official seal. Commission# 1586477 -i Notary Public-California San Mateo County ? My Comm.Expires Jun 10,24 44/k Atj c TARY PUBLIC SITATURE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On December 15,2006 before me, Frances Gould,Notary Public DATE NAME,TITLE OF OFFICER,NOTARY PUBLIC personally appeared, Charles K.Schoenberger j personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS y hand and official seal. PRANCES GOutD Commission# 1586477 Notary Public-Calitomia San Moteo County f ` MY Comm.E q*W JuM 10,2 "ROTARY PUBLIC SOATURE