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Home My WebLink AboutMINUTES - 10072008 - C.5 (t i L / sE ` Contra TO: BOARD OF SUPERVISORS t' FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: October 7, 2008 �o � =� �` County Sra'cotitirt'J SUBJECT: Accepting Grant Deed of Development Rights for Subdivision 04-08830, Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ 106/accepting Grant Deed of Development Rights for Subdivision 04-08830, for project being developed by Foxwood Community, LLC, as recommended by the Public Works Director, Bay Point area. (District V). FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): This Grant Deed of Development Rights is required by condition of approval no. 57. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE (S): i! ACTION OF BOARD O APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOTF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: ��..�� G:\EngSvcNBO\2008\10-07\SD G%G1�'6t'� 77 � G:\EngSvc\BO\2008\IO-07\SD 04-08830 BO-27 FORM.docx Originator: Public works( DAVID TWA Clerk of the Board of Contact: Monish Sen(313-2187)7) � i Recording to be completed by Title Company Supervisors and County Administrator cc: Current Planning,Department of Conservation and Development Foxwood Community,LLC 333 Civic Drive Pleasant Hill,CA 94523 Attn:Reed Onate Old Republic Title Company By , Deputy 1000 Burnett Ave.,Suite 400 ff Concord,CA 94520 Attn:Donna Jones 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 October 7, 2008 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, BONILLA; AND GLOVER NO: NONE ABSENT: SUPERVISOR UILKEMA ABSTAIN: NONE - — -- - -- RESOLUTION NO. 2008/ G G/ SUBJECT: Accepting Grant Deed of Development Rights, for Subdivision 04-08830, for project being developed by Foxwood Community, LLC, as recommended by the Public Works Director, 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 Development Rights SD 04-08830 Foxwood Bay Point V Community, LLC I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of KDJc Supervisors on the date shown. . G:\EngSvc\BO\2008\I0-07\SD 04-08830 BO-27 FORM.docx Originator: Public Works(ES) Contact: Monish Sen(313-2187) Recording to be completed by Title Company ATTESTED: 4172�G W` D� O� 6 cc: Current Planning,Department of Conservation and Development Foxwood Community,LLC DAVID TWA, Clerk of the Board ofSupervisorsand Civic Drive Pleasant County Administrator Pleasant Hill,CA 94523 Attn:Reed Onate Old Republic Title Company 1000 Burnett Ave.,Suite 400 Concord,CA 94520 By , Deputy Attn:Donna Jones RESOLUTION NO.2008/ "/ RECORDED AT THE REQUEST OF: Contra Costa County WHEN RECORDED RETURN TO: Public Works Department Engineering Services Division Records Section GRANT DEED OF DEVELOPMENT RIGHTS (Open Space) To meet condition of approval number 57 of SD 04-08830,Foxwood Community,LLC,a California limited liability company, hereby GRANTS to the County of Contra Costa,a political subdivision of the State of California("Grantee")and its governmental successor or successors ofsaid county,the future"Development Rights,"as defined below,over the real property situated in the County of Contra Costa,State of California, described as follows("Property"): Parcel A,as shown on the final map of Subdivision 8830,Sea Breeze 11,filed for record on ....... in Book of Maps at Pages through . inclusive, in the Official Records of the County of Contra Costa, State of California. "Development Rights"are defined to mean and refer to the right of Grantee to approve or disapprove of any proposed construction,development or improvements within the Property. The Development Rights are and shall be a form of covenant,which shall run with the Property and shall bind the current owner and any future owner of all or any portion of the Property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee or its successor may deem appropriate. Dated: C, FOXWOOD COMMUNITY, LLC, a California limited liability company By: Civic Property Group, Inc., a California corporation Its Member By: /p(�� By: David B. Sanson, President Name:�bCN ISaff)YA Title:_ 1 01/10/08 LITTLE&SAPUTO AITORNEYSATLAW 1901 OLYMPIC BOULEVARD,0100 WALNUT CREEK.CA 94596-5024 ' (925)944.5000 STATE OF CALrR�til &5.6 ss. COUNTY OF L 1 — �,(, On 0 ` Z O ►Qha L° ( f�'I�&eflre e,� j52-- Notary Public, personally anoeare Ci6Y1 who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [J'S my hand and official seal. ` O LObinogeiii: oo Aw Signature OIAWA L KALISZ ' CommMelon*1662373 f1Vaa,y Dubuc-cetnomta � Conti°Costa County tNti comm.Exptrea qui t s,tot o STATE OF CALIFORNIA 1 ss. COUNTY OF 1 On before me, Notary Public, personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 2 01/10/08 LITTLE&SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD,#100 WALNUT CREEK,CA 94596-5024 (925)944-5000