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HomeMy WebLinkAboutMINUTES - 04051988 - 1.8 (2) ss 8244 APR 81988 `� RECORDED AT REQ ST Or Recording Requested by Contra Costa County ' 3 APP - 81Q90 AT C?'Ct.0CK M. When recorded Mail to Clerk CONTRA`. COS-7-A., ti fro. ;NTY RECORDS Board of Supervisors ,I,pr r sWN McBri en Administration Building Col N T`r RECORDER � 1 651 Pine Street FEE $ j CO" 0 Martinez, CA 94553 N BOARD OF SUPERVISORS,/CONTRA COSTA COUNTY CALIFORNIA CD Cil Re: Cancellation of a Portion of ) CERTIFICATE OF CANCELLATION Agricultural Preserve Contract ) OF CONTRACT (Government Code No. 22-75 (1936-RZ, Gale Ranch) ) Section 51283.4 State of California ) ss CERTIFICATE County of Contra Costa ) I am the Clerk of the Board of Supervisors of the County. The Board by Resolution No. 88/166 adopted on April 5, 1988 _, determined that the conditions of approval enumerated in a Certification of . Tentative Cancellation recorded on November 18, 1986 for Agricultural Preserve Contract No. 22-75 have been satisfied. The affected property is described below as is the name of the current owner: Current Owner: Dan Coleman IShapell Industries of Northern California P.O. Box 361169 Milpitas, CA 95035 This real property , is described as Assessor's Parcel Nos. 217-060-001, 217-060-006, 217-060-007 and 206-040-005, and as described in Exhibit "A", attached hereto and incorporated herein by this reference. Date: April 5, 1988 ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator v cc: Community Development By Assessor De put Cl erk Shappell Industries LTRXVI/C12-70.rd r _J EXHIBIT A PROJECT LEGAL DESCRIPTION , a' 1 The land referred to is situated in Contra Costa County in the State of California being Lots 43 and 53 as shown and so designated on the map entitled "Map of a Subdivi- sion of Plot A of the Dougherty Ranch" , filed for record tD in the office of the Recorder of Contra Costa County, C_l1 California, on May 2 , 1984 in Volume B of Maps of Page 45, excepting therefrom the interest conveyed to Contra Costa County by the deed recorded February 6 , 1936 , in the office of the Recorder of Contra Costa County, California, ' in Book 408 of official records at Page 128 , more or less described as follows : Beginning at a point, said point being the most northerly northwest corner of the parcel of land described in the deed from William H. Gale, Jr. to Western Title Insurance Company recorded June 28 , 1979 in Book 9418 of Official Records at Page 583; thence from said point of beginning along the following courses: thence North 89° 15" 00" East, 2613. 60 feet; thence South 00 ' 15 ' 00" East, 1518 . 00 feet; thence North 85° 15 ' 00" East, 2686 . 20 feet; thence North 89° 45 ' 00" East; 1907. 40 feet; thence South 060 30 ' 00" East, 953. 70 feet; thence South 150 30 ' 00" West; 1110 . 78 feet; thence North 84° 15 ' 00" West, 1062 . 60 32 - feet; thence South 850 45 ' 00" West, 2673. 00 feet; thence South 620 45 ' 00" West, 656 .70 feet; thence North 200 18 ' 49" East, 519. 33 feet; thence South o 890 00 ' 00" West, 1570 . 80 feet; thence South 870 15 ' 00" West, 1320 feet; thence North 3267 . 00 feet to the point QNj of Beginning. C.� APN's 206-040-005, 217-060-001 , 217-060-006, & 217-060-007 33 - BOARD OF SUPERVISORS Harvey E. Bragdon, FROM: Director of Community Development l.rlJi ra March 15,1988 Costa DATE: U Co t� Cancellation of a Portion of Agricultural Preserve ct lJ SUBJECT: #22-75 ( 1936-RZ, Gale Ranch) SPECIFIC REQUEST(S) OR RECCMMENDATION(S) & BACKGROUND AND JUSTIFICATION RESOLUTION NO. 88/166 (Government Code 51280, et seq. The Board of Supervisors of Contra Costa County RESOLVES THAT: On November 4, 1986, by Resolution No. 86/660, the Board of N Supervisors granted tentative cancellation approval for a portion CT) of the real property covered by Agricultural Preserve Contract -� #22-75. The contract affects property commonly known as the Gale Ranch covering approximately 3100 acres. Lf� Cil The tentative cancellation approval applied only to approximately --v 400 acres of the 3100 acre area subject to the contract. The subject property is identified as Assessor' s Parcel Nos. 217-060-001, 217-060-006, 217-060-007, and 206-040-005 situated on either side of Dougherty Road at the intersection of Crow Canyon Road. A Certificate of Tentative Cancellation . (attached) was recorded on November 18 , 1986 in accord with the tentative approval decision of the Board. That certificate required ( 1) the payment of cancellation fees in the amount of $33 , 464 and ( 2) approval of a Planned Unit District preliminary development plan within one year of the date of the tentative cancellation. On May 5, 1987, 'Shapell Industries of Northern California received final development plan approval from the Board of Supervisors for the West Branch planned unit district project providing for a maximum of 668 residential units and open space area. On December 9, 1986, the Office of County Auditor-Controller received payment of the required cancellation fee. Based on this evidence, the Board of Supervisors finds that all conditions and contingencies associated with the tentative cancellation decision have been satisfied. CONTINUED ON ATTACHMENT: _ YES SIGNATOR RECOMMENDATION OF COUNTY ADA!I N 1 STRATOR RECCWWENDAT f ON BOARD CONI TTEE APPROVE OTHER SIGNATURE I S : ACTION OF BOARD ON April 5, 1988 APPROVED AS RECOBONE.NDED OTHER VOTE OF SUPF3F?VI9QRS I HENEBY CERN IFY TWIT THIS IS A TIRM X UNANIMOUS (ABSENT ) AND CORRECT COPY OE AN ACTION TAKEN AYES: NDE,S: AND ENTERED ON THE m a pa TES OF THE BMMW ABSENT: ABSTAIN: OF StOPERVISORS ON THE DATE SICMC. cc: ATTESTED April 5, 1988 PHIL BATCHELOR, CLERK OF THE BOX OF SUPERVO'ISCMRS AND COUNTY ACUIRIfSTRATUR M382/7-83 e�Y a 2. The Board directs the Clerk of the Board to file with the County Recorder a Certificate of Cancellation of Contract pursuant to Government Code Section 51283 . 3 . The Board also directs the Clerk of the Board to provide copies of the recorded certificate to the current owner, Community Development Department, and County Assessor. o , 0 Orig. Dept. : Community Development — CC. County Counsel CT) Assessor — Shappell Industries of Northern California c C-0 C.rl LTRXVI/B12-70.rd Boas 142b I 959 WHEN RELDED RETURN ` TO CLERK, np BOARD OF SUPERVISORS 2iQ�Ifi4B THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN CALIFORNIA Adopted this Order on November a i 9 s ,by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakand Powers NOES: None ;r ABSENT:None JAN 261987 ABSTAIN one SAND L)EM eta GALE RANCH: Approving Tentative ; .,,) RESOLUTION NO. 86/660 SUBJECT: Cancellation for a Portion of Land ) (Gov. C. Sec. 51280 — L t+ Conservation Contract 22-75 (1936-RZ)) et seq.) The Board of Supervisors of Contra Costa County RESOLVES THAT: On February 11, 1975 the landowners of the Gale Ranch entered into a Land Conservation Contract with theKounty of. Contra Costa in accordance with the California Land Conserva- tion Act (Government Code Section 51200 et seq.). On August 5, 1986 the landowner,Shapell Industries of Northern California, filed a petition for cancellation of a portion of that contract, covering approximately 400 acres of the 3,100 acre area subject to the contract, pursuant to Government Code Section 51280. The subject property is located both east and west of Dougherty Road southerly of Camino Tassajara and is identified as Assessor's parcels #217-060-001, 217-060-006, 217-060-007, and 206-040-005. The County Assessor has determined the full cash value of the subject property as though it were free of the contractual restriction, and has certified to the Board the cancella- tion valuation of the subject property for the purpose of determining. the cancellation fee. The Board hereby determines, and certifies to the County Auditor-Controller, that the amount of the cancellation fee which the landowner must pay the County Treasurer, as deferred taxes upon cancellation is $33,464 (which is 12-1/2% of the cancellation valua- tion of the subject property). The required findings associated with the review of this petition are presented in Exhibit A (attached). The Board hereby grants tentative approval for cancellation of Land Conservation Contract 22-75, only as to the parcels identified above, subject to the following conditions and contingencies being satisfied: 1. Payment in full of the cancellation fee due under Government Code Section 51283, which fee is $33,464 (portion of Contract 22-75). Unless said fee is paid within one year from the recording of this Resolution, or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowner's Notice of Satisfaction of Conditions and Contingencies (Government Code Section 51283.4(b)). 2. The landowner shall obtain approval for a Planned Unit District Preliminary Development Plan within one year of the date of tentative cancellation, with a' possible one year extension at the discretion of the Board of Supervisors. R RD9 AT R EST 0 NOV 181986 LoONTRA_Og q COI RECORDS 4-R.OLSSON COUNTY RECORDER l 142 1 960 2. The Board directs the Clerk of the Board to file with the County Recorder a Certificate of Tentative Cancellation pursuant to Government Code Section 51283.4(a). The Board also requests the Treasurer-Tax Collector to notify the County Assessor and Community Development Department of the payment of cancellation fees on this tentative approval action. Ihereby eertifythat this taatrwand correct copy of - an action taken and entered on the minutes of the }►_ Board of Supervisors on�odahown. WATTESTED: _� tV Orig. Dept.: Community development PHIL BAT HELOR,Cto k of the 803rd A cc: County Assessor of Suparvlsors and County Administrator L' County Auditor-Controller a County Recorder By tV Clerk of the Board ,Deputy County Counsel Community Development Public Works Treasurer-Tax Collector Shapell Industries Dan Coleman i t i i I i I • i _ CORD D AT RE EST G NOV 181986 1 Recording requested by Contra Costa County �7 � TRA hg q CQIj When recorded, Mail to Clerk J.R 01986N RBC©RDS A COUNTY, RECORD Board of Supervisors FEE; County Administration Bldg 651 Pine Street Zi©62� Martinez, CA 94553 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: Tentative Cancellation of a ) '� Portion of Land Conservation ) CERTIFICATION OF TENTATIVE Contract 22-75 (1936-RZ) ) CANCELLATION _ (Gov. Code Section 51283.4) c' C.D State of California ) ss: CERTIFICATE County of Contra Costa ) I am the Clerk of the Board of Supervisors of the County. The Board by Resolution No. 86/660 adopted on November 4 , 1986 granted tentative approval for cancellation of the portion of the land conservation contract between th County of Contra , Costa and the below-named landowner applicable to the belowdescribed rea property. Name of Current Owner: Shapell Industries of Northern California, Inc. 100 No. Milpitas Boulevard Milpitas, CA 95035 Name of Landowner Requesting Shapell Industries of Northern Cancellation California, Inc. This real property is described in Exhibit "A", attached hereto and incorporated herein by this reference. A Certificate of Cancellation of Contract will be issued and recorded at such time as the following conditions and contingencies are satisfied: (1) Payment in full of the cancellation fee due under Government Code Section 51283, which fee is $33,464 (portion of Contract 22-75) . Unless said fee is paid within one year from the recording of this Certificate, or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as to the date of the landowner's Notice of Satisfaction of Conditions and Contingencies (Government Code Section 51283.4(b)) . C ooK 13264PG 142 2. (2) The landowner shall obtain approval for a Planned Unit District preliminary development plan within one year of the date of tentative cancellation, with a possible one year extension at the discretion of the Board of Supervisors. Date: b� y-�-19 a, 0 ATTEST: PHIL BATCHELOR, Clerk of the o Board of Supervisors and County Administrator tV B Y a4tyCk cio LTR.VI LU 1.3264PG 14 EXHIBIT A PROJECT LEGAL DESCRIPTION 0 a The land referred to is situated in Contra Costa County in the State of California being Lots 43 and 53 as shown N and so designated on the map entitled "Map of a Subdivi- CI sion of Plot A of the Dougherty Ranch" , filed for record M i in the office of the Recorder of Contra Costa County, California, on May 2, 1984 in Volume B of Maps of Page 45 , excepting therefrom the interest conveyed to Contra Costa County by the deed recorded February 6 , 1936 , in the office of the Recorder of Contra Costa County, California, in Book 408 of official records at Page 128 , more or less t described as follows: Beginning at a point, said point being the most northerly northwest corner of the parcel of land described in the t deed from William H. Gale, Jr. to Western Title Insurance { Company recorded June 28, 1979 in Book 9418 of official Records at Page 583; thence from said point of beginning along the following courses: thence North 890 15' 00" East, 2613. 60 feet; thence South 00' 15 ' 00" East, 1518 .00 feet; thence North 850 15' 00" East, 2686 . 20 feet; thence North 890 45 ' 00" East; 1907 .40 feet; thence South 0.60 30 ' 00" East, 953. 70 feet; thence South 150 30 ' 00" West; 1110 . 78 feet; thence North 840 15 ' 00" West, 1062 . 60 32 - uoK t3264PG 144 feet; thence South 85° 45 ' 00" West, 2673. 00 feet; thence South 62° 45 ' 00" West, 656 .70 feet; thence North 20° 18 ' 49" East, 519. 33 feet; thence South 89° 00 ' 00" West, 1570 . 80 feet; thence South 87° 15 ' 00" West, 1320 feet; thence North 3267 . 00 feet to the point ' N of Beginning. Ct APN's 206-040-005, 217-060-001 , 217-060-006, & 217-060-007 J e 33 -