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Home My WebLink AboutMINUTES - 05112004 - 2004-665 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 December 14, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAUI i IEi? IwX D G?1✓aiBERG NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER. ABSTAIN: NONE RESOLUTION NO. 2004/ 665 SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision 03- 00008, being developed by Carl Heiles and Patricia Vader, Martinez area. (District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 03-00008 Carl Heiles and Martinez II Development Rights Restricted Development Patricia Vader (Creek Structure Area on Parcel Map Setback) 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 the date shown, AM:rm G:\GrpData\EngSvc BO\2G44\,2-24-o4\MS 03-00048 BO-27 2.doc originator: Public Works(ES) ATTESTED: DECEMBER 14, 2004 Contact:Frank to Navarro ted by26 COMPANY JOHN SWEETEN Cleric of the Board of Supervisors and Recording to be completed by � County Administrator cc: C"urrcnt Planning,Community Development Carl Heiles and Patricia Vader —Y+w 095 Pereita.R02d Martinez,CA 44553 By_ _ Deputy RESOLUTION NO.2004/ 665 Recorded at the request of: Contra Costa County Board of"supervisor; Return to: Public Works Department Engineering Services Division Records Section Area: Subdivision: AF'N: GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback Area MS 03-0008) To meet condition o approval numb.r 32,DENS 03-0008,I/we `r (Owner(s))hereby grant(s) to the County of Contra Costa, a political subdivision of the State of California (Grantee) and governmental successors or successor of said county, the future development rights, as defined herein below, over a portion of that real property know as "Creek Structure Setback Area," of Subdivision MS 03-0008, situated in the County of Contra Costa, State of California and more particularly described in Exhibit"A" "Development rights" are defined to mean and refer to the right to approve or disapprove of.any proposed construction, development or improvement within the areas marked "Creek Structure Setback Area"The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by Grantee, or successor, said proposed construction shall not be perforated.Grantee,or successor,may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor, may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee,or successor,herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor, shall have sixty(60)days from receipt of such proposal in which to grant approval or disapproval. Failure by Grantee, or successor, to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on (Signature) I[ f (Print name&title) ` J_.:�" �t a f8i6naturs) �rj, (Print natne&title),,,�... ^► lAel (Notary Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } State of California ss. County of �j On before me, r Date ! me an 3e of Q.,"dens Do*,NorPuhftc"} personally appeared ❑ personally known to me � proved to me on the basis of satisfactory ev ence to be the person(s) whose name(s) is/are subscribed to the within instrument and _ acknowledged to me that he/she/they executed MARY S. BAP! the same in his/her/their authorized 1 _ Commission#1d731 15 capacity(ies), and that by his/her/their w► NotCWY Public -CC00tri i signature(s) on the instrument the person(s), or Aiamedo County the entity upon behalf of which the person(s) My Comm Expires 2dt36 executed the instrument. Wi nd a t , Signature of No" Pubii OPrIONA Though the information below is not rewired by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document. Document[date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's game: ❑ Individual Top of thumb here Corporate Officer--Title(s): ❑ Partner--❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator } ❑ Other: Signer is Representing: l "EXHIBIT A" LEGAL DESCRIPTION All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: A portion of Parcel "A" of that certain Subdivision MS 03-008, filed in Book of Parcel Maps, at Page , Contra Costa County Records, further described as follows: Commencing at the most northwesterly corner of Parcel "A" of that certain parcel of land as shown an that certain Parcel Map filed in Book of Parcel Maps, at Page _ _ , Contra Costa County records; thence easterly along the northerly boundary line of said Parcel "A" of said map { PM _ ) South 88114605" East, 211.40 feet to the Paint of Beginning; thence leaving said northerly boundary line of said Parcel "A"the following courses South 17039'01" West, 159.53 feet; thence South 14029'45" West, 88.41 feet; thence South 06059'10" West, 33.07 feet; thence South 14°50'07" East, 238.33 feet; thence South 3601641" East, 384.60 feet; thence North 531125'42" East, 90.00 feet; thence North 35039'53" West, 366.37 feet; thence North 10°48'11" West, 97.93 feet; thence North 01 1126'25" East, 129.35 feet; thence North 05029'48" East, 56.06 feet; thence North 11 05335" East, 179.96 feet to a point lying on the northerly line of said Parcel "A" of said map { PM ); thence westerly along last said northerly line North 88°45'05" West, 100.12 feet to the Point of Beginning. Containing an area of 88,243.89 Sq. Ft. (2.03 Acres) more or less. Attached hereto is a plat labeled "EXHIBIT B", hereby referred to and made a part hereof. p LAND No. 69 EXP. 9-50- 5 i i r K:1PROJECTS12002t02448NDOCS\Creek Setback ParA-DOC PAR CEL A PARCEL 179 P 16 � P.S68"45'05"E �.�.�. 179 Pm 16 211.40' r 100.12,-- co 00.12'c r j err, f N05'2 '48"E I rr a 56.06 t I Isob.5glcr%...w---� N0126 25 E ry o � w i �c't .�,� PA RCE A L.Lj Ln SOD ms 03-0008 a z : rn � ` � .� o : C:) 0 \ \ . .tz, \\ \ `\ j 50.00 ROADWAY AND \ �� UTILITY EASEMENT TO- LEON � \ �` LEON E. PEREIRA PER RECORDERS SERIES \ �' \ No. 159 96-123930 (104 PM 4) \ \ \ � X 30-05. yl ELLEM & ASSOCIATES, I� . PROJECT to:ber 204 SCALE: ALE:1'��120' CIVIL ENGINEERING*LAND PLANNINCtLAND SURVEYIN EXHIBIT 204PHONE: (925) 685-4569 FAX: (925) 685-4838 i 2290 DIAMOND BLVD., SMITE 100, CONCORD, CA 94520 --------------------------------------------------------------------------- Parcel name: creek stb 9/24/04 North: 6874 .4554 East : 4135.7241 Line Course: S 88-45-05 E Length: 211.40 North: 6869.8489 East : 4347.0739 Line Course: S 17-39-01 W Length: 159.53 North: 671?.8288 East : 4298.7034 Line Course: S 14-29-46 W Length: 88.41 North: 6632.2333 East : 4276.5731 Line Course: S 06-59-10 W Length: 33.07 North: 6599.4088 East : 4272.5509 Line Course: S 14-50-07 E Length: 238.33 North: 6369.0234 East : 4333.5731 Line Course: S 36-16-41 E Length: 384 . 60 North: 6058.9762 East : 4561.1426 Line Course: N 53-25-42 E Length: 90.00 North: 6112.6007 East : 4633.4227 Line Course: N 35-39-53 W Length: 366.37 North: 6410.2553 East : 4419.8140 Line Course: N 10-48-11 W Length: 97.93 North: 6506.4497 East : 4401.4586 Line Course: N 01-26-25 E Length: 129.35 North: 6635.7588 East : 4404.7098 Line Course: N 05-29-48 E Length: 56.06 North: 6691.5611 East : 4410.0797 Line Course: N 11-53-35 E Length: 179.96 North: 6867.6580 East : 4447.1668 Line Course: N 88-45-05 W Length: 100.12 North: 6869.8397 East : 4347.0706 Line Course: N 88-45-05 W Length: 211.40 North: 6874.4462 East : 4135.7208 Perimeter: 2346.54 Area: 88,243.89 SaFt 2.03 Acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0097 Course: S 19-43-16 W Error North: -0.00918 East : -0.00329 Precision 1: 241, 910.31 TO: BOARD OF SUPERVISORS 7 FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: December 14, 2004 SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 03-04008, SPECIFIC RIwQUEST(S)OR RECOMMENIDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 665 for Minor Subdivision 03-00408, accepting Grant Deed of Development Rights (Creek Structure Setback), project being developed by Carl Heiles and. Patricia Vader, Martinez area. (District II) FISCAL IMPACT: None, BACKGROUND/REASON(S) FOR RECOMMENDATIONN: Minor Subdivision 03-04408 has met all applicable conditions of approval regarding creek structure setback. CONSEQUENCES OF NEGATIVE ACTION: The County will not have development rights over setback area. Continued �s �� on Attachment: SIGNATURE: IMI - _COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE „"APPROVE OTHER SIGNATURES : ACTION OF BOAPb ON : Z004 APPROVED As RECC}MMENDED OTHER I hereby certify that this is a true and correct VOTE c��UNANIMOUS (ABSENT copy of an action taken and entered on the UNANIMOUS NOEV } minutes of the Board of Supervisors on the AYES: NOES: p ABSENT: ABSTAIN: date shown. TA('}TT�hE7ST�XE7�TD� : DECEMBER 1.4, 2004 G:\Gr}Dsca'EngSvciBt7\2004\I2-i4-D4M503.00008 Order JOHN N S Y EETEN, Cleric of the Board of ContContact: Franc works fes; Supervisors and Count Administrator Confant: Fren3c Navarro(313-2264) y cc: Cu rent Planning,Corrvnunity Development Car?Heites and Pwricia Vader 1085 Pereira Road Martinez,CA 44553 By Deputy