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Home My WebLink AboutMINUTES - 05141996 - C7 Recorded at the request of: Contra Costa County T Return to: ECC AT�ijEQ Public Works Department Records Section MAY 161996 AT LOCK r M. CONTRA COSTA COUNTY RECORDS STEPHEN L.WEIR 96 51128 FEE $ COUNTY RECORDER THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 14, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 96/214 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Deferred Geological Hazard SUB 7582 Cerrito Development El Sobrante Abatement District (GRAD) Corporation Formation Agreement I hereby certify that this Is a true andoorreCtCopyo! an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: �me�,- 4' . Mq& PHIL SATCHEL '-K Cie of the oard of Supervisors and County Administrator RL:mw g:\engsvc\bo\bol4.t5 By ,Deputy Originator: Public Works(ES) Contact: Rich Lierly 313-2348 cc: Recorder(via Clerk)then PW Records Director of Community Development Recorded at the request of: CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION Area/Dist. Geologic c Hazard Ahat m nt Di Gari ct Project: Hillcrest Heights GHAD Assessor's No.: 420-150-001 ; 420-160-009,X03 420-172-045; 420-184-014 Space above for exclusive use of Recorder DEFERRED GHAD FORMATION AGREEMENT (Hillcrest Heights Subdivision 7582) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael ford Publ' orks D' ector . - 'Cyugene C. Lee, Secretary gECOMME XT L• Cerrito Development Corporation By. 3083 Lawrence Expressway Engineering ervic Division Santa Clara, CA 95051 FORM APPROVED: Victor J. Westman, County Counsel (NOTE: this document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code § 313.) (see attached notary) 1. PARTIES. Effective on May 1996,the County of Contra Costa,hereinafter referred to as"County" and Cerrito Heights Development Incorporated, hereinafter referred to as "Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property it owns as described in Exhibit"A" attached hereto and wishes to defer formation of the Geologic Hazard Abatement District CA961060.006173503-001 04/24/96 05:22 PM ("GHAD") as set forth in Condition 21 J of the Conditions of Approval for the Tentative Map for Subdivision 7582. The Petition for Formation of the GHAD is being filed simultaneously with this Deferred GHAD Formation Agreement. As Owners of all property within the territory included within the proposed district, we waive all rights to protest the formation of the GRAD. 3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit"A." All the terms, covenants and conditions herein imposed are for the benefit of County and the real property or interest therein and shall be binding upon and inure to the benefit of the land described in Exhibit"A"and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A,"the terms of this agreement shall apply separately to each parcel, and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city, Owner, or those who succeed him as owner of the property described in Exhibit"A," shall fulfill all the terms of this agreement upon demand by such city as though Owner had contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. 4. GHAD FORMATION. A. Condition 21 J of the Conditions of Approval for the Tentative Map for Subdivision 7582 provides in part as follows: "A Geologic Hazard Abatement District(GHAD) or functional equivalent shall be developed to monitor and maintain the slope stability measures (e.g., subdrains) for this development." B. The obligation to comply with Condition 2 1 J may be deferred by the owner of all of the property within Subdivision 7582 so that the final map may be approved first. C. The Owner agrees not to sell any lots and not to be entitled to obtain any building permits for any dwelling units for Subdivision 7582 until the GHAD has been formed. D. The Owner of all of the land within Subdivision 7582 simultaneous with the submission of this Deferred GHAD Formation Agreement, has filed a Petition for Formation of the Hillcrest Heights Subdivision 7582 GRAD,pursuant to Division 17 of the Public Resources Code, Sections 26500 et seq. E. This agreement shall automatically become null and void if the Board of Supervisors of Contra Costa County does not form the Hillcrest Heights Subdivision 7582 GHAD within one year of the date of approval of a Final Map for Hillcrest Heights Subdivision 7582. The period of time specified in this paragraph(E) shall not include any period of time during which a lawsuit involving the formation of the GHAD is pending in a court of competent jurisdiction. 2 CA961060.006 EXHIBIT "A" ES-Subdivision 7582 All that real property situated in the County of Contra Costa, State of California, described as follows: All Parcels as shown on Subdivision 7582 as recorded on May 13, 1996, in Book 386 of Final Maps, Page 51, on file at the County Recorder's Office. JR:mw g:\engsvc\rich\7582exa.t5 "A" Exhibit G.H.A.D. District Subdivision 7582 Contra Costa Coiaity, C'al i fami a Legal Description on All that real Property located in the unincorporated lands of Contra Costa County, State of California, described as follows: Being a portion of Lots 25 and 26, as shown on the Map entitled "Map of North Richmond, Contra Costa County, California" filed on April 6, 1908, in Book 1 of Maps, at Page 18, Contra Costa County Records, and a portion of Lot 126, as shown on the Map of Rancho San Pablo filed March 1, 1894, Contra Costa County Records, described as follows: BNNMC at the Northeast corner of said Lot 25 (1-M-18) ; thence from said Point of Beginning South 88033114" East, 249.81 feet to the Northwest corner of Lot 72, as said lot is shown on the map of "La Colina", filed April 14, 1941 in Book 25 of Maps, at Page 805, Contra Costa County Records; thence along the exterior boundary of said "La Colina" the following three (3) courses: South 01026126" West, 345.17 feet; South 39051124" East, 199.38 feet; South 59025124" East, 45.11 feet; thence leaving said exterior boundary South 29006129" West, 136.00 feet to the North line of La Cima Road as designated on said "La Colina"; thence along said North line of La Cima along a non-tangent curve to the right, the center of which bears North 25006138" East, having a radius of 40.00 feet, through a central angle of 0011'12", an arc length of 0.13 feet to a point of reverse curvature; thence along said reverse curve, the center of which bears South 25017150" West, having a radius of 44.00 feet, through a central angle of 1200411141-, an arc length of 92.68 feet to a goint of non-tangency, thence leaving said North line of La Cima South 84 36136" West, 35.10 feet; thence South 25054118" West, 176.29 feet to the South line of said Lot 126; thence along the exterior line of said Lot 126 the following two (2) courses: North 89002104" West, 180.04 feet; North 01021102" East, 34.35 feet to the Southeast corner of said Lot 26 (1-M-18) ; thence along the exterior boundary of said Lot 26 the following four (4) courses: North 88049'38" West, 567.35 feet; North 31005130" West, 351.26 feet; North 73034139" West, 99.35 feet; North 16025121" East, 125.00 feet to the Northwest corner of said Lot 26, said point being on the centerline of Hillcrest Road, a county road; thence along said centerline North 36045121" East, 309.72 feet; thence leaving said centerline South 19044139" East, 96.89 feet; thence North 70015121" East, 100.00 feet; thence North 19044139" West, 163.08 feet to said centerline of Hillcrest Road; thence along said centerline North 36045121" East, 50.00 feet to the Northwest corner of said Lot 25 (1-M-18) ; thence along the North line of said Lot 25 South 89006109" East, 535.51 to the POINT OF BBSINIIdZNG. Excepting Therefrom: All that land described in the Deed to Bailey, recorded in Book 8120 of Official Records, at page 397, Contra Costa County Records. Containing 17.56 Acres, more or less. N r n •� D � � •cn II L' _ ti36• cn rn o a0 mmo 3O9 y/<<C W z �QO OFSr w 00� -4 ��49 tiro w R\ Jro q. N C z D N v Ln CDqP r to 0 v co to m o m cwi, o N c� Ln Lq a, D I m o °' _ o I I o C�Z N O z D "o O Z co o v z r*i ; D O Z O D -i W O G7-rl 0 9: o- D n Ln� -o i z C: AO 0o S2)S6.S2Q9'1 8 w r n ONctn oI ww,o�Np 00 00 o-A h. �' 26"WSO1'26' ; o [ 66` Vic, 345.17' Ln m� �' I n rrrrrrrrrr c b Dm IO 0OD -ICA0A2M L4 rn F 03 — m D_ Ln zzwzzz000 A � 11 ll w '4 -40m TO Av 0.p.O CD Cl; m 0 C ..00 z pd� A � NL4 CA - 0 CN Ln —4 44 St . NNW NwOwNNO Z rriD oN N 926 �7�,. 'f ' N 0 0 p z rr, cn 1150oo -+ 41 ?906• CnOc0NW W W WLn ` �, 9,y 2y• OorncncoAcnrn (JI D Nov P6��Y F oo (9ocwncnwoo � z ��8' a �•F(RJ -.w LALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of a// County of �V14t-&, On 4a-: I �y l fl 6 before me, C)e4 r'4-r Jo hnSO s-,7 , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' personally appeared Fug e h e Ch ,'g A h Lee., , NAME(S)OF SIGNER(S) ❑ personally known to me - OR - IX proved to me on the basis of satisfactory evidence to be the person(, whose name( is/an subscribed to the within instrument and ac- knowledged to me that he/s4afta7 executed the same in his/fir authorized capacity(*$), and that by hiSH Pr signature(, on the instrument the person(S), or the entity upon behalf of which the person(* acted, executed the instrument. JENNIFER JOHNSON < . ,, COMM.#10 Callf — alifWITNESS my hand and official seal. z • Notary Public omto Z CONTRA COSTA COUNTY My Comm.Expires MAR 3,1998 S7111T URE OF t91ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184