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Home My WebLink AboutMINUTES - 05112004 - C11 TO: BOARD OF SUPERVISORS r FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: May 11, 2004 SUBJECT: ACCEPT a Grant Deed of Development Rights.DP 033053. Alamo Area. District III. Project No. 0651-6L0075 SPECIFIC REQUEST(S)OIL RECOI4MENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: A. ACCEPT the Grant Deed of Development Rights dated April 21, 2004 from James E. Butts and Kimberly A. Butts in connection with DP033053. B. DIRECT the Real Property Division to have the above referenced Deed recorded in the Office of the County Recorder. II. Financiallmpact: None. III. Reasons for Recommendations and Background: In accordance with the terms approved by the Contra Costa County Board of Supervisors by Board Order dated February 3, 2004 pertaining to DP 033053, the owner of the property located on 200 Bridges Court, Alamo, has conveyed a Grant Deed of Development Rights to the County in exchange for the vacation of a Grant Deed of Development Rights which encompasses an area of equal size. IV. Consequences of Negative Action.: If this action is not taken, the terms of the exchange will not be satisfied. t'a Continued on Attachment: SIGNATUM � � 2 COMMENDATION OF COUNTY ADMINISTRATOR-' RECOMMENDATION OF BOARD COMMITTEE a <4PI'ROVE OTHER SIGNATURE(S}t.,, v ACTION OFBOAYI)ON-MA11, 2004 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUVISORS xx UNANIMOUS(ABSENT NONE ) 1 hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. RB:eh ATTESTED: MAY 111 2004 G:\GrpData\Rea1Frop\2004-Files\BOS&RES\BO2 Deed ofDev Rights.doc JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator Orig.Div: Public Works(RJP) Contact: Ronald Babst(3132226) By Deputy cc: County Administrator Auditor-Controller(via RIP) P.W.Accounting Recorder(via R/P) Board Orders Clerk Specialist,Adm. Recorded at the request ot: Contra Costa County Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez,CA 94553 Attn. Ronald Babst Area: Alamo Subdivision. 7633 Al?N 193-900-014 GIANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) In accordance with the terms approved by the Contra Costa County Beard of Supervisors by Board Order dated February 3, 2004 pertaining to DP033053,we, James E.Butts and Kimberly A. Butts (Owners) hereby grant to the County of Contra Costa, a political subdivision of the State of California (grantee) and governmental successor or successors of said county, the future development rights,as defined herein below,over a portion of that real property known as Lot 28 of Subdivision 7633,situated in the County of Contra Costa,State of California and more particularly described in Exhibit"A"and shown on Exhibit"B", attached hereto. 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 "restricted development 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 Owner 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 performed. 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 Apnil 21, 20034 A WOXI-�� James E. Butts mberly A. Butts (3:\G pData\RealProp\2004-Files\04-4\Deed of Dev.Rights Sutts.doc 4121/04 LEGAL DESCRIPTION G.RAN-T-DEErD-OEDEV.ELO ENZRIGHT-R SCENIC EASEMENT EXHIBIT"A" REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA; ALL THAT PORTION OF LOT 28 A5 SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED "SUBDIVISION 7633 STONERIDGE ESTATES" FILED IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY AUGUST 10, 1995, IN BOOK 381, OF MAPS AT PAGE 36 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 28 AS SHOWN ON SAID MAP (381 111136); THENCE ALONG THE SOUTHERN LINE THEREOF SOUTH 880 32' 40-VILEST, 147.39 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID LINE SOUTH 880 32' 40" WEST, 40.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT 28; THENCE ALONG THE SOUTHWESTERN LINE THEREOF NORTH 480 18' 23"WEST 78.09 FEET TO A POINT WHICH BEARS NORTH 62°43'08"WEST, 111.08 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 62°43' 08- EAST, 111.08 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,080 SQUARE FEET OF LAND MORE OR LESS. EXHIBIT"IB"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. KIER & WRIGHT CIVIL ENGINEERS&SURVEYORS, INC. TIMOTHY P. KELLY, L.S. 7089 DATE LICENSE EXPIRATION DATE: 12/31/06 AN tAy No.7089 Exp.12-31-2006 •. OF W:kNovember12003\Descdp##ons\TPMI 114 LES A02612 TPK.doc o EXHIBIT "B" .� 80 1 PORTION LOTS 27 & 28 30' E.V.A,E. TRACT 7633 3r31 M 36 AM3 -- 1 .APN 193-�9DD-- 013 PER 381 ��1 C) L DE15' EQUESrn nLIONSCA" E DE ELDP #EItiIT rn 8c PEDES1SERIESi 200 �5052PEE 3�31� �s� �PORTION L & 28 "�,,SUIBD 7l 36 cs�_LANDSS SERIES342 ,, ' L APN 193--900--094 rs� . 00 r-3 % C) GRANT DEED OF DEVELOPMENT -'0 RIGHTS TO CONTRA COSTA COUNTY , SCENIC EASEMENT" � (2003---___) AREA=1,(38{3± S.F. 0,6160.25' `�9 r3;0,6160.25 POB POC 9 40.43' 58$'32'40"W 33.30' w PARCEL C •�-- 147.D\- N35'09'35"E _. COMMON .AREA 533'41'03" SURD 7633 381 Ivo 36 29.36' SCENIC EASEMENT IN FAVOR N89`41'3p' E 31,59' OF CONTRA COSTA COUNTY (95-93904) 25.76 NEW LOT LINE D SUBD 4915 (237 M tAN108 viy No.7089 x �7EV.1 -31•`2 6 " Z: € RAW A02612 026121PD,DWG 3-8-04 9:26:40 carry PST OFCAL.�� rALAMQ RANT DEED OF DEVELOPMENT RIGHTS SCALE 1"=40` KIER & WRIGHT PORTION OF —3 � � IAT 28 DATE ,JUNE, 2f�U3 CIVIL ENGINEERS & SURVEYORS, INC. SURD DOT 381 M 36 BY TIC 1233 QucM Lams. Sulfa 145 Phom (925) 249-6555 Plsosanton, COIROrnlo 94556 Fax 4253 2496563 JAMES AND KIMBERLY BUTTS JOB NO. A02612 CAUFORNIAI PAGE I OF 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda On April 21, 2004 before me, Janice Rae Hansen, ncitary public - Da1e Name and Title of Officer(a.g.."Jane Doe.Notary Public") personally appeared Kimberly A. Butts Namo(s)of Signar(s) EX personally known to me—OR—7 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 his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), JANICE RAE i4Ai SEN or the entity upon behalf of which the person(s) acted, _ Comr+t'sseictn 13 5218 executed the instrument. Notary Public-California Aiwneda C 19M.YC"M,E)P#W:4:2�5.2jW6WITNESS my hand and official seal. p� x f /AL Signature of Notary Public OPTIONAL Though the information below is not required 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: Grant Deed of Development Rights Document Date: ARril 21, 2004 Number of Pages: _ 1 -- -- Signer(s) Other Than Named Above: James E. Butts Capacity(ies) Claimed by Signer(s) Signer's Name: Kimberly A. Butts Signer's Name: Individual 0 Individual 0 Corporate Officer Cl Corporate Officer Title(s): Title(s): w Partner-•-0 Limited 0 General 0 Partner--0 Limited 0 General 0 Attorney-in-Fact 0 Attorney-in-Fact _, Trustee „, 0 Trustee - Guardian or Conservator '�' 0 Guardian or Conservator - Other: Tap of thumb here F1 Other: Top of thumb here { Signer Is representing: ( Signer Is Representing: t 1994 t4ouonai Notary Association 8236 Rommel Ave„P.O.Bost 7184•Canoga Park,CA 91309.7184 Prod No.5907 Reorder:Cali Toil-Free 1-800-878.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda. On Aril 21, 2tJ04 before me, _Janice Rae Hansen, notary public. Date Name Title of officer(e.g.,"Jane fes,Notary Pubiic.1 personally appeared Jaynes E. Butes Name(s)of Signer(s) ' X 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 his/her/their authorized capacity(les),and that by his/her/their signature(s)on the instrument the person(s), uAWCE PAE HANS�N or the entity upon behalf of which the person(s) acted, Commission#135 `18 z executed the instrument. Notary Public-Callfbrnla � Aiameda County MYCo1fr.E)irwMay 25, WITNESS my hand and official seal. Signature of Notary Public C)PTIONAL Though the information below is not required by law, It may prove valuable to persons relying 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: Grant Deed of Development Rights Document Rate: �6pril21, 2004 Number of Pages: Signer(s) Other Than Named Above: Kimberly A. Butts Capacity(les) Claimed by Signer(s) Signer's Name: James E. Butts Signer's Name: X Individual ❑ individual ❑ Corporate Officer ❑ Corporate Officer Title(s): _ Title(s): Partner---❑ Limited 0 General 0 Partner--•C1 Limited ®general El Attorney-in-f=act ❑ Attorney-in-Pact Trustee ❑ Trustee Guardian or Conservator - - ❑ Guardian or Conservator Other: Top of thumb here ❑ Other: Top of thumb here i Signer Is Representing: Signer Is Representing: i 0 1994 Natfonai Notary Association•9236 Remmet Ave.,P.O.Sox 7184-Canoga Park,CA 91309-7184 Prod,No.5907 Reorder:Cali Toll-'Free 1.800.676.6827