HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-209 Recorded of the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adoptedthis Resolution on April 9, 2002,by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 20021209
SUBJECT: ACCEPT Grant Deed of Development Rights,granted by Michael R.Robles and AUTHORIZE the
Chair of the Board of Supervisors to sign said grant deed for Contra Costa County as"Grantee",for
Subdivision MS 8-89, Alamo area(District III).
THE FOLLOWING IS BY THE BOARD RESOLVED:
I. That the following instrument is hereby ACCEPTED:
INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT:
Grant Deed of Subdivision MS 8-89. Michael R. Robles Alamo in
Development Rights.
II. The Chair of the Board is AUTHORIZED to sign said grant deed for Contra Costa County, as"Grantee".
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
o:%GrpData\EngSvel130\200214-9-02NS 8-89 BO-27.doc the date shown.
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Originator: Public Works(ES)
Contact:Richard laerly(313-2348) ATTESTER: April 0 9, 2002
cc: Recorder(via Title Co.)then PW Records then Clerk of the Board
Current Planning,Commmiity Development Departnent JOHN SWEETEN,Clerk of the Board of Supervisors and County
Att~Robert Drake Administrator
Michael R.Robles
1932 College Avenue
1.ivemrore,CA 94550
By ,Deputy
RESOLUTION NO.2002/ 2 0 9
RECORDED AT REQUEST OF AND
AFTER RECORDING, RETURN TO:
CONTRA COSTA COUNTY
Community Development Department
651 Pine Street, North Wing -4th Floor
Martinez, CA 94553
GRANT DEED
OF DEVELOPMENT RIGHTS
This Grant Deed is made by and between the Grantor, Michael R. Robles, an
individual and his heirs, successors and assigns ("Grantor") and the Grantee, Contra Costa
County, a public body, corporate and politic, and its successors and assigns ("County").
RECITALS
A. On August 21, 1989, the County approved a tentative map to allow the division
of real property owned by Grantor in the County of Contra Costa, State of California. The
division of the property would result in three parcels, Parcels A, B and C, collectively
described as "Minor Subdivision 8-89" ("Property" hereinafter) and as more particularly
described in Exhibit A attached hereto.
B. The County's approval of the above-referenced tentative map was conditional.
The Conditions of Approval for Minor Subdivision 8-89 included requirements that the Grantor
submit a revised grading/site plan providing for a scenic easement; a proposed scenic
easement instrument; comply with certain requirements of the Planning Geologist; and abide
by specified construction standards.
C. Grantor desires to evidence its intent, and to insure, that the obligations
specified herein are covenants, conditions and restrictions that run with the land and are for
the benefit of the County.
NOW THEREFORE, for good and valuable consideration, including but not limited to
the agreements contained herein, the receipt and sufficiency of which is hereby
acknowledged, Grantor hereby grants to County, and to its successors, on the terms and
conditions set forth below, all of the Development Rights over the "Restricted Development
Area" portion of the Property described on Exhibit A, as identified below.
1. Recitals. The recitals are intended to be and shall be part of this Grant Deed.
2. Restricted Development Area. "Restricted Development Area" is defined to
mean and refer to that portion of Parcels A, B, and C of Minor Subdivision 8-89 designated
thereon as "Restricted Development Area" as described and depicted on Exhibit A. The
"Restricted Development Area" may also be referred to herein as "Scenic Easement".
3. Development Rights. "Development Rights" are defined to mean and refer to
the right to divide, develop, install or construct improvements on all or any portion of the
Scenic Easement.
4. Negative Easement. This Grant Deed is in the form of negative easement
which shall run with said Property and shall bind the current Grantor and any future owners of
all or any portion of said Property that includes all or any portion of the Scenic Easement.
This Grant Deed is an agreement in writing affecting the title or possession of the Property.
5. Development Restrictions. Except as provided herein, Grantor shall not
divide, develop, install or construct improvements on all or any portion of the Scenic
Easement, and agrees that no building permits or other permits shall issue for the purpose of
constructing improvements on any part of the Scenic Easement. Grantor hereby waives and
relinquishes any rights it might otherwise have to such permits.
5.1. Plans and Specifications; County Approval. Any and all improvements on
the Scenic Easement will be performed as directed by County or its successor public
agency. Grantor shall cause plans and specifications for improvements to be prepared
by competent persons legally qualified to do the work and to submit said improvement
plans and specifications to County for approval prior to commencement of any work,
and shall pay any County improvement pian review and inspection fee. The work shall
be done in accordance with County standards in effect at the time improvement plans
are submitted for approval or, upon annexation of the Scenic Easement to any city, in
accordance with the applicable city standards. Grantor agrees to commence and
complete the work within the time specified by County.
5.2. Scenic Easement Development. The development by the Grantor of any
buildings, decks, or retaining walls within the Scenic Easement is hereby prohibited,
except for the following:
5.2.1. Decks that project no more than fifteen (15)feet into the Scenic Easement and
that are no more than eight (8)feet above the ground.
5.2.2. Retaining walls up to four(4)feet in height for landscape purposes only.
5.2.3. Soil stabilization improvements as required for subdivision approval.
5.2.4 Development shall be approved in advance by County, by and through the
Board of Supervisors, and otherwise in compliance with applicable ordinances
and policies of the County or its successor. In the event of disapproval of
proposed development by County or its successor, said proposed construction
shallnot be performed. County or its successor may condition its approval of
any proposed development upon prior or subsequent performance of such
conditions as the County may deem appropriate in its sole discretion.
5.3 Site Development. Grantor hereby acknowledges the geological report on the
Property, "Geotechnical Update" by Nicholas Engineering Consultants, dated July 14,
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1998, and the reports cited and recommendations set forth therein, on file for public
review in the Community Development Department of Contra Costa County.
5.4. Grading Bond. Grantor shall provide a grading bond for any and all work
necessary to carry out the recommendations of the report cited in the preceding
Paragraph 5.3, in an amount and at a time determined by County in its sole discretion.
The Grantor shall provide sufficient subsurface information to estimate the cost of
required soil improvements.
5.5. As-Graded Report/Map. Prior to issuance of building permits for any
improvements on the Scenic Easement, Grantor shall submit to County an as graded
report of the geotechnical engineer with a map showing the final plan and grades for
subsurface drainage, subdrain cleanouts and disposal or pickup points, any buttress fill
with its keyway location, or retaining wall, installed or required, and other soil
improvements installed during grading, all as surveyed by a licensed land surveyor or
civil engineer.
5.6. Construction Period Standards.
5.6.1. Hours of Operation. Noise generating construction activities shall be limited
to the hours of 7:30 a.m. to 6 p.m., Monday through Friday, and shall be
prohibited on State and Federal holidays. The restrictions on allowed working
days may be modified on prior written approval by the Zoning Administrator.
5.6.2. Noise Control. Grantor shall require its contractors and subcontractors to fit
all internal combustion engines with mufflers which are in good condition and to
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from exiting residences as possible.
5.6.3. Neighborhood Notice. At least one week prior to commencement of grading,
Grantor shall post the site and mail to the owners of property within 300 feet of
the exterior boundary of the project site that construction work will commence.
The notice shall include a list of contact persons with name, title, phone number
and area of responsibility. The person responsible for maintaining the list shall
be included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of responsibility.
The names of individuals responsible for dust, noise and litter control shall be
expressly identified in the notice. A copy of the notice shall be transmitted to
the Community Development Department. The notice shall be accompanied by
a list of the names and addresses of the property owners noticed, and a map
identifying the area noticed.
5.6.4. Dust and Litter Control. A dust and litter control program shall be submitted
for the review and approval of the Zoning Administrator. Dust shall be kept
down by watering which shall be accomplished by a watering truck on site or
from hydrants on site. Any violation of the approved program or applicable
ordinances shall require an immediate work stoppage. Construction work shall
not be allowed to resume, until, if necessary, an appropriate construction bond
has been posted.
3
5.6.5. Termination Upon Completion. The construction period standards set forth
in Paragraph 5.6 shall terminate as to development in the Scenic Easement
upon completion and County acceptance of all grading required for subdivision
approval within the Scenic Easement
6. Covenants Running With Land. This Grant Deed shall be binding on the parties
hereto and the previsions hereof shall be covenants running with the land and shall inure to the benefit
of and be binding on the heirs, successors and assigns of Grantor, County and all of the Property and
all other parties having or acquiring any right, title or interest in any part of the real property
encumbered by the easement described herein.
7. Remedies. Should Grantor violate any of the provisions hereof, County shall be entitled
to all rights and remedies available at law or in equity, including without limitation, an order enjoining
the activity in violation hereof and an order requiring the removal of the improvements constructed in
violation hereof. In addition, County shall be entitled to an award of all expenses incurred by County in
pursuing such violations, including costs, interest, attorneys fees and other litigation expenses.
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IN WIME3 HEREOF, this Grant Deed of Development Rights is signed and executed this day
of , 2001.
GRANTEE GRANTOR
CONTRA STACO NTY MICHAEL R. ROBLES
�* v
By .,/
C r, Board of upervisors
Approved:
By --
Community Development Dept.
Approval as to form:
Silvano B. Marchesi
"CountyCo n e
t
�De ynsel
Exhibits
Exhibit A: Legal Description of Parcels A, B and C
[SIGNATURES BUST BE NOTARIZED]
4
State of California )
ss.
County of ALAMEDA )
On 04/03/02 beforp me, BRID ET DAVIS , Notary Public personally
appeared 01 c'C6 qet personally known to me (or proved to me on
the basis of satisfactory evidence)to be the person(s) whose name(s)gare subscribed to
the within instrument and acknowledged to me th*ier/their
she/they executed the same in
hat
his/her/their authorized capacity (ies), and tby signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
CO *13�AW3 6
MM
Witness my hand and official seal. ROnu oUNTy ALIFORR"'A
COMM.EXP.FEB.16,2006''
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SIGNATURE
- - - - - - - - - - - - - - - - - - - - - - - - - -OPTIONAL- - - - - - - - - - - - - - - - - - - -- - - - - - - -
Description of Attached Document
Title or'Type of Document:
Document Date: S - �2 t Number of Pages:
Signer(s) Other Than Named Above:
RE: Subdivision MS 8-89
113CMIT "All
All that-real property situated in the County of Contra Costa, State of California,described
as follows:
A portion of Parcels A, B and C, designated as "R.estircted Development Area (Scenic
Easement)„ as shown on the parcel map of Subdivision NIS 8-89, on file at the County Recorder`s
Office as follows-
Date:
Book:
Page-
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