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HomeMy WebLinkAboutMINUTES - 05051998 - D12 ,w Contra Yif fRCosta t TO BOARD OF SUPERVISORS , County FROM: DENNIS M. BARRY, AICD ', COMMUNITY DEVELOPMENT DIRECTORsr DATE: May 5, 1998 SUBJECT: QUITCLAIM GRANT DEED OF DEVELOPMENT RIGHTS FOR CORRIE DEVELOPMENT, SUBDIVISION #7452, ALAMO AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. FIND that the Beard of Supervisors has ACCEPTED the canvas of votes for formation and funding of CSA M-30. 2 . AUTHORIZE the Chair of the Board of Supervisors to EXECUTE the Quitclaim Deed of Development Rights that quitclaims development rights back to Corrie Development Corporation. 3. DIRECT the Clerk of the Board to record the aforementioned Quitclaim Deed. FISCAL IMPA= None BBK.QR=QIEBASQNS FOR RECOMMENDATIONS On December 16, 1997 this Board resolved that the applicant was in substantial compliance with Conditions of Approval; 165 (Police Services) , #93 (Street Maintenance, #94 (Park and Landscape Maintenance) , and #95 (Street Lighting) by executing a Grant Deed of Development Rights over Lots #12-21, #26-28, #30-32, #34-38, #40--41. and #49-53 for Subdivision #7452. Development rights were taken to ensure that the developer, Corrie Development Corporation, would satisfy the conditions of approval and participate in a special election process to fund those augmented services identified and required in Conditions of Approval 065, #93, #94 and #95. The Board of Supervisors is scheduled to accept the canvas of votes for forming CSA M--30 on May 5, 1998 . Following the affirmation by the Board that CSA M-30 has been formed and funded, the Beard may then quitclaim development rights back. to Corrie Development Corporation. CONTINUED ON ATTACHMENT: YES SIGNATURE — RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIONf OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(8) ACTION OF BOARD ON __MaY _ APPROVED AS RECOMMENDED _ _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A R UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYESt NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF C*ut&ct:DBBBIE CHAMBERLAIN 335-1213 SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED May 5, 1998 CC t CAO PHIL BATCHELOR, CLERIC OF County Counsel THE BOARD OF SUPERVISORS Corrie Development Corporation AND COUNTY ADMINISTRATOR Town of Danville DCjdf:bo3:7452.bo B ' , DEPUTY Recorded at the,request of. CONTRA QOSTA COUNTY 0"I� ,A COSTA CO Recorder's office PuWcW'o* ks Department STEPHEN L. WEIR, CountY Recorder After recording, return to: 1OC - 98---0-7 00474w--C>0 Contra Costa County Check Number Public Work$Department *Odnesday, MAY 08, 1998 13:43:12 Engineering Services Division CER X15.50;MIC $1 ,00;Moo $3.00 255 Glacier Drive REC $7.00'TCF X62.00;NOP $9.00 Martinez, CA 94553 Tt 1 Pd 538.50 Nbr-00001 15551 1rc/R9/1-3 QUIT CLAIM DEED By this instrument dated May 5, 1998, for a valuable Consideration, Contra Costa County, a political subdivision of the State of California, hereby remises, releases, terminates and forever Quit Claims to Corrie Development, 'Inc. all of its rights, title and interest in that certain, Grant Deed of Development Rights, recorded December 30, 1997, as document number 97-253737 and that certain parcel(s) of land situated in Contra Costa County, State of California described as follows: All of the Parcels 12.21, 26.28, 30.32, 34-48, 40, 41, 45, 49-53 as shown on the map of subdivision 7452 on file at the County Recorder's Office as follows: Recording Date: December 30, 1997 Map Book: 397 Page: 31 NO TRANSFER TAX DUE; THIS IS A QUIT CLAIM OF DEVELOPMENT RIGHTS ONLY. County of Contra Costa State of California By: _,Lt... 1 .,., ................ ChairAOo ;r of Supervisors (see attached notary) Attest: Phil Batchelor Clerk of the Board of Supervisors and County Administrator By: .` k .,.. .. eputy;Jftrk ? v Dated May 5, 1998 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA } On May 5, 1998 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contie Cjsta County, personally appeared rvisors im ogers who is personally known to me (or 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 helshelthey executed the same in hisfierltheir authorized capacity(tes), 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. —j—Deputy Clerk T Lr; MA . ido Ou my Contra kWs TO: BOARD OF SUPERVISORS Costa FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR =ma*,w , DATE: December 16, 1997 JAN <3 6 1998 COUNTY COUNSEL SUBJECT: Grant Deed of Development Rights for Corrie ht Corporation, Alamo Springs (Subdivision 7452), In the Alamo Area, SPECIFIC REQUEST{S} OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION REC_._0MMD Tp► IONS 1. FIND that acceptance of the Grant Deed of Development Rights demonstrates that Corrie Development Corporation Is In substantial compliance with conditions of approval#66, #93, #94 and#95. 2. AUTHORIZE the Chair to execute the grant deed of Development Rights after it has been executed and notarized by Corrie Development Corporation. FISCAL. IMPACT The County's Cost to process the Grant Deed of Development Rights and hold the special election Is paid for the developer. BACORQUNUMEASQNS FOR RECC"),,,IMMEN ATION In May of 1995, Corrie Development Corporation, fled an amendment to Final Development Plan DP933006 and Vesting Tentative Map 7452, to reduce the number of units from 58 to 53. Folowing joint hearing held by the Danville Planning Commission and the San Ramon Valley Regional Planning Commission that plan was approved by the County Board of Supervisors on December 17, 1996 and the Danville Town Council on January 21, 1997. CONTINUED ON ATTACHMENT: _4� YES SIGNATURE RELOMMENATIM EFF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES): ACTION OF BOARD ON December 16, 1997 APPROVED,AS RECOMMENDED X� OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT ANI?CORRECTCOPYOFAN ACTION TAKEN AYES:_NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Debbie Chamberlain(510/335-1213) ATTESTED, December 16, _,1997 cc: Community Development Department (CDD) PHIL, BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Corrie Development Corp. AND COUNTY ADMINISTRATOR Vilhauer Construction Mgmt. ` Town of Danville _ -., L,EPUTY CIC .�;y�rc►ups ,�. Alamo Springs Grant Dwd of Dsv>*iopmont Rights Board of Supervisors Meeting, December 16, 1997 Page 2 The action taken by the Danville Town Council in approving the project relating to conditions of approval #45 and #93 was contrary to that taken by the Board of Supervisors. To reconcile the differences, Corrie development requested modification of the approved final development plan and parallel revision to the approved vesting tentative map. Those modification were approved by the County Zoning Administrator on May 19, 1997. The conditions of approval require the applicant to participate in the provision of funding to maintain and augment Police Services(Condition of Approval#65), Street Maintenance (Condition of Approval #93), Park and landscape Maintenance (Condition of Approval#94)and Street Lighting (Condition of Approval#95)through a special election process. Due to the two to three months needed to complete the Proposition 218 election process, Corrie Development Corporation has requested the County enter into an agreement that would facilitate the filing of their final map prior to the election being completed. County Staff has proposed that the County and applicant enter into Grant Deed Development Rights ("Grant geed"). The Grant Deed would require the applicant deed development rights over 28 lots within the Unincorporated County (or 213 of the total lots), not request any building permits or close escrow until the special election process is completed. That agreement is included with this Board Order. If the Grant Deed is executed by the Applicant, staff would recommend the Board of Supervisors find the applicant in substantial compliance with aforementioned conditions of approval. At the Board of Supervisors meeting on December 9, 1997, the Board requested staff continue to work with the applicant to satisfy the outstanding conditions of approval. To date, staff is reviewing minor changes to the final map and related documents. Staff anticipates that the outstanding conditions will be complied with and any related fees will be paid prior to the Board acting on the find map. AFTER RECORDING,RETURN TO: RECORDED AT REQUEST OF: CONTRA COSTA COUNTY Contra Costa County Public Works Public Works Department Department Engineering Services Division 255 Glacier Drive Martinez,CA 94553 GRANT DEED OF DEVELOPMENT RIGHTS This deed is made by and between Corrie Development Corporation, lnd*.j&Grentor°) and Contra Costa County, a political subdivision of the state of California,and its successors or assigns, (*County"). ** Sidney Corrie, Jr. Kjell H. Ovale and Kathryn C. Qvale, Trustees of the Kjell H. and Kathryn C. Ovale Family Trust UTA dated RECITALS 6-2-83 Grantor desires to fie Its final map for Subdivision 7452,a fifty-three lot subdivision containing forty-two lots in the unincorporated area of the County and eleven lots in the Town of Danville plus common areas shown on Final Map for Subdivision 7452 which is to be recorded concurrently with this grant deed of development rights. Grantor desires to evidence its intent and to insure that it complies with Conditions of Approval#88(Police Services),#93(Street Maintenance),#94(Park&Landscape Maintenance)and#95(Street Lighting)("Listed Conditions")for Subdivision 7452. County deems this grant deed of development rights to constitute substantial cgmpliance with the Listed Conditions. NOW,THEREFORE,to secure full compliance with the Listed Conditions,Grantor hereby grants to County and to Its successors and assigns,all of the Development Rights as defined herein below,over a portion of that property known as Lots Waive through twenty-one (12-21)inclusive,twenty-six through twenty4ght lncluslve,(26-28} thirty through thirty-two(30- 32)inclusive,thirty-four through thirty-eight(34-38)Inclusive,forty(40).forty-one(41) forty-five (45),forty-nine through fifty three(49-53)Inclusive,of Subdivision 7+45Z a total of twenty-nine (29)dots, situated In the unincorporated'area of the County of Contra Costa,State of CeMomia, and more particularly described in attached Exhibit A(incorporated herain by this reference) and identified herein as Grantor's Property. 1 1. Development Rights. Tevelopment Rights"are defined to mean and refer to the right to approve any proposed construction, development or private improvements on all or any portion of Grantor's Property. 2. Negative Easement. This Grant meed is In the form of a 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. This Grant Deed is an agreement In writing affecting the title or possession of Grantor's Property. 3. Development Restrictions. Grantor shall not approve of any construction, development''or private Improvements on all or any portion of the Grantor's Property,except for grading, road and drainage Improvements, and Grantor agrees that It or its successors or assigns will not request building permits or other permits, and no building permits or other permits shall Issue for the purpose of constructing residential or other private Improvements on all or any portion of Grantor's Property,except for grading, road and drainage improvements, until enactment of a special assessment or special tax to fund the services in the Listed Conditions and the reconveyance of development rights as set forth herein. Grantor hereby waives and relinquishes any rights It might otherwise have to such permits. In addition,Grantor shall not close escrow on the sale of any lots in the unincorporated area of Subdivision 7452 (12-53, Inclusive)until the enactment of the special assessment or special tax and the reconveyance of development rights as set forth herein. 4. Special Election. Grantor, at no expense to the County, shall proceed with and take all necessary steps to initiate and complete the special election process for the special tax or special assessment or other necessary funding mechanism and will vote to approve the special tax or special assessment to supply funding to provide the services set forth In the Listed Conditions. Grantor will submit its request to proceed with the special election,together with all necessary documentation, In a form acceptable to the County within thirty(30)days of the recording;of this Grant meed of Development Rights. 5. Formation of CSA M-30. Grantor will submit all necessary documentation in order that the County may complete the formation of a County Service Area("CSA M-30"), which includes Lots 12-53 of Subdivision 7452, including Grantor's Property. CSA M-30 is to be funded by the special assessment or special tax referenced herein and will provide the services enumerated In the Listed Conditions. 6. Notice to Buyers. Grantor shall give written notice to future buyers of any lot of all of the following: A. County Service Area M-30 Is In the process of being formed and that lots 12- 53 of Subdivision 7452 are within the proposed boundaries of CSA M-30; B. An assessment will be levied annually on each lot to pay for police service, park and roadside landscape services, public street maintenance and public street lighting that will be provided by CSA M-30; and C. The approximate amount of the assessment on each lot; and 2 D. Neither Grantor nor any future home buyer may request any building permits or close escrow on any lots or residential units until enactment of the special assessment or special tax or other necessary funding mechanism. 7. Term of Grant of Development Rights. This Grant of Development Rights shall continue, as to Grantor's Property and every portion thereof, until such time as County or its successor public agency,following the special election,enacts the special assessment or special tax for the CSA M-30 at which time Grantor may request and County shalt deliver to Grantor, Its successors or assigns, an instrument In recordable form quit claiming these Development Rights. All expenses incurred to reconvey development rights to Grantor shall be paid by Grantor. S. Time of Essence. Time is of the essence In completing the special election process; both Grantor and County will promptly and diligently cooperate to achieve the enactment of the special tax or special assessment in as timely a manner as possible. 9. 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 violation(s), including costs, interest, attorneys'fees and other litigation expenses. IN WITNESS WHEREOF, this Grant Deed of Development Rights Is signed and executed this _16th day ofr , 19_92_. COUNTY GRANTOR COUNTY OF CONTRA COSTA CORRIE DEVELOPMENT,' CORPORATION, INC. By �� _ �" -- ey Chair, Board of Supervisors NamefMe Mark DeSaulnier Sidney Corrie, Jr. By. Name/T#tle 3 Dated December 16, 1997 STATE OF CALIFORNIA } COUNTY Of CONTRA COSTA } on December 16, 1997 before me Phil Batchelor, Clark of the Board of Supervisors and County, Administrator, Contra Costa County, personalty appeared Su,Mer ASor Mark ,DeSaulsnier .„ who is personally known to me (or proved to me on the basis of satisfactory evidence),to be the person(s)whose nsme(s) istam subscribed to the within instrument and scknmledg+ed to me that hoWw/they executed the some in histherltheir authorized capacity(ies), and that by histher/- their aipnature(s);on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. BY Ieputy Clerk CAA LiICIRNIA ALL-PURPOSE ACKNOWLEDGMENT State of ( "L tN - County of &L 6. T/r On before me, M , and t9ua a t.:o:,:w»Ow personally appeared tiJ e . —"""'"- Nwmtrj of SVW(6) L]personally known to me—OR—Moved to me on the basis of satisfactory evidence to be the person(s) whose name4ss)islawsubscribed to the within instrument and acknowledge l to me that I. N y executed the w.�. same In hisilbeg4keir~authorized capaoltAW&} and that by his/bvYtttetm9Vature{e}-an the Instrument the person(sr, ,mission e 115415 or the entity upon behalf of which the personfa7hated, VAFidotay yc-catHtxNo executed the Instrument, Com costo Canty MYCo'MM.EXV?*SSft5'2001 WITNESS miprind and official 1. VJ4'-�' > of Natrry Patric OPTIONAL Though the information below is not required by daw,#may prove vakw*to peromm m 6*v on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Docufnent f 1 Title or Type of Document: 2�� , Document state: Number of Panes: Signer(s)Other Than Named Above: Capect#y(ices)flaimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual 11 Individual '`i�cComorate officer ❑ Corporate Officer Title(s): Titws): ❑ Partner--D#.united D General ❑ Partner--❑L.m ted ❑General ❑ Atlotmyln-Fact ❑ Attorney-in-Fact j ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: top ole hwe ❑ Other: top of ttw is her. S net Is Representing: Signer Is Representing: 00 1 0 law wmaw Nomy A-00 aa1 0 am lar..,rc ea«71er•cwmp Park,CA atsoarys+ eroa:ft.am ANWar:can ins A*"?"W r _........ ......... ......... ......... ...._.... .. __... ......... ......... ......... ......... ......... ......... ......_.. . ............................................................................................................................................................ _..._................................................ Q. Neither grantor nor any future home buyer may request any building permits or close escrow on any lots or residential units until enactment of the special assessment or special tax or other necessary funding mechanism. 7. Term Of brant of Development Rights. This Grant of Development Rights shaft continue,as to Grantor's Property and every portion that,until such time as County or Its su cessor public agency,following the special election,enacts the special assessment or *pedal tax for the CSA M-30,at which time Grantor may request and County shall deliver to Grantor,its successors,or assigns,an Instrument In recordable#orm quit claiming these Development Rights. All expenses incurred to reconvey development rights to'Grantor shall be paid by Grantor. s. Time of Essence. Time Is of the essence In completing the special election process;both Grantor and County will promptly and diligently cooperate to achieve the enactment of the special tax or special assessment in as timely a manner as passible. 9. 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 violation(*),including costs, Interest, attorneys'fees and other litigation expenses. IN WITNESS WHEREOF,this Grant Deed of Development Rights'is signed and executed thisday of .�r..s...t.-_ __. I 9-5m... COUNTY GRANTOR Co O CONTRA COST CORRIE DEVELOPMENT CORPORATION,INC. By :� in 11 64UAO %�' Chair,Board of S NamaJ't'tlie ✓t,C B N S dney Corrie,Jr �utv�s M� r BY: R vale, Trustee 3 alt ryn va e, Trustee CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 0 0% County of r""'i`1Qt'y'*40' r rr tq W, 6.` ? `�' a,.. .. Ware me, , ti CAS personalty appearedT& it 44 , wt�.t.�a it•3 0 personally known to me—OR—0 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 h istherJtheir authorized capac)ty(ies),erred that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the persorr(s) acted, c executed iInsftment 11: ,Ribic cei+ria WITNESS my hand n ffiC' €se I. My Cow%Ac'm Jun 2D.20M cotr�v w W4.1 N.J.ry Pum+e OPT70NAL Though the infbJt7wban below is not required by law,It may prove valuable to mons t*44V on the document and could prevent fraudulent removal and reattachment of this fours to another document. Description of Attached document Title or Type of Document. , Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: 0.individual 0 Individual Cl Corporate Cfcer 0 Corporate Officer Titl+a(s): TItIe(s): © Partner--0 Limited O General 0 Partner---El Limited Ci General • Attorney-Fact 0 Att mey4n-tract © Trustee © Trustee © Guardian or Conservator 0 Guardian or Conservator C Other: tap Of thumb hero 0 tither: top of thumb here' Signer Is Representing: Signer Is Representing: Will iii DIM NttloNi Not"Ag**C*bM—WX ftWW Ave..P.Q.sox 7"4•CWWP Pmk,CA#13W?1$4 vim No.a" fM~W V441.0 140"MM7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,,rte Stats of t�.► County ofbefore me,tCY1 Q 0;�)eace(** L ii t4An4 -�u6i. c sTMYTwr or oftef( •ren.on,Ne4ay Pubsory , personally appeared0�Q &Jea i bm',e o.t.)of swortsa 1personaily known to me-OR-0 Proved to me on the basis of satisfactory evidence to be the person(s) whose names)Ware subscribed to the within instrument and acknowledged to me that he/shaft"executed the same in his/her/their authorized capeetty(ies),and that by histberftheir signature(s)on the instrument the person(s), or the entity upon behalf of which the parson(s)acted, PM L>aaN executed the instrument. cotlrrftm t 1142 NOW hot s- W SS my ha officialAft c4u* My Comm,EttpMei Jun 9 i,ZD1 M of Nftty Mic opnO,j AL. Thouo the infonwhon below is not required by taw,It MY prove valuable W penfam relylV on the document and could prevent fnudWent removal and roatlachment of firs toren to another document. Description of Attached Document Title or Type of DocumentcxW-t -0� trc -D lop Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(a) � Signer's Name:? g Signer's Name: Cl individual d Individual • Corporate Officer 0 Corporate Officer Title(s): Titie(s): • Partner--0 Limited Q General D Partner—p Urrdted M General D Attomey-in-Fact © Attorney-kr-Fact D Trustee © Trustee © Guardian or Conservator © Guardian or Conservator d Other: lop et thumb here [} Other: lop of thumb here Signer is Reprnenting: Signer Is Representing: 0 1985 M&WMi Nftry AUOWK m•SM Bier W Ave.,P.O.ftx 7194•C r"s Pak,CA 91MO.7104 raw.ND.sw AWtW C4N Te"t"1�4W4"-W? RE: Subdivision 7452 VaMIT "A" All that i. Nd property situated in the County of Contra Costa, State of California,;described as follows: e All ofthe'parols 12-21,26-28, 30-32, 3448,40, 41,45, 49-53 as shown on the snap of Subdivision 7452 on file at the Cou. tltY Recorder's Office as follows: Recording Dste: Map Book: Page: C} 1EsgSvciAtETL1DEC' :M8€32�sub'l4S."wpd