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Home My WebLink AboutMINUTES - 03012005 - 2005 RES 104 .fRecorded at the request of. Contra Costa County Board of Supervisors Return to: Public Works Deparnnent Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 1, 2005, by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DE.SAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT- NONE ABSTAIN: NONE RESOLUTION NO. 2005/104 ;SUBJECT: Accepting Grant Deed of Development Rights(Bixler Structure Setback),for Subdivision 04-08580, being developed by Hofmann Land.Development Company, Discovery Bay area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: ,REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Subdivision 04-08580 Hofmann Land Discovery III Development Rights Development Company Bay (IBixler Structure 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 o:�orpa�ata�ttgsvo�ao�2oos�os-oaysv o4-ossso Bo-27.doc P on the date shown. Originator. Public Works(ES) Contact: Keith Hoey(313-2020) Recording to be completed by COB ce: Current Planning,ComnurnityDeveaopaxnt ATTESTED: MARCH 01, . 200J xotna nUndoevelopmentCompany JOHN SWEETEN, Clerk of the Board of Supervisors and 1380 Galaxy way County Administrator Concord,CA 94520 By_ -. Deputy RESOLUTION NO.2005/ 104 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR `DATE: March 1,2005 SUBJECT: Acc2ting Grant Deed of Develo ment Rights Bixler Structure Setback , Subdivision 04-48580. SPECIFIC REQU!ST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20051 104 for Subdivision 0408580,accepting grant deed of development rights(Bixler structure setback),being developed by Hofmann Land Development Company, Discovery Bay area. (District III) FISCAL IMPACT.- None. MPACT:None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision 04-08580 final trap was recorded on October 28,2004 without a separate instrument for the Grant Deed of Development Rights (Bixler Structure Setback),which was shown on the map. CONSEQUENCES OF NEGATIVE ACTION: Development Rights will not be grant deeded to the County for the Bixler structure setback. a Continued on Attachment: SIGNATURE: ®-,ItECOMMMATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE i,-"PROVE OTHER IGNAT RES : ACTION OF BO ON Ol; 2005 .„ APPROVED AS RECOMMENDED_ xx OTHER 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 VOTE OF SUPERVISORS date shown. XX UNANIMOUS(ABSENT NONE AYES: NOES: ABSENT: ABSTAIN: ATTESTED: MARCH 01 2005 JOHN SWEE'T'EN, Clerk of the Board of KH:rm G:\crpData\F,agSvciso\2005\03-01\sD 04-08580 B0-27Acc Supervisors and County Administrator Originator: Public Works(ES) Contact: Keith Hoey(313-2424) ce: Current Planning,Cotmnunity Development Hofinann Land Development Company By , Deputy 1380 Galaxy Way Concord,CA 94520 Recorded gt the request of: 1 - Contra Costa County CONTRA COSTA CO Recorder Office Board ofReturn tHEN L o: Supervisors Return tSTEP , WEIR Clerk-Recorder 20&-00712665-00 � �r Public Works Department DOC— 20 "`0 I L+# �266'x`00 Engineering Services Division Records sectio Wedme"ay,, MAR 02, 2005 09:49:35 FRE $0.00 I Area- Discavery Ba T y�,i�l P4 $010 0 br-025068 Subdivision: 1 r C/R 9/1–9 APlat: 01 1-241-006 GRANT DEED OF DEVELOPMENT RIGHTS (`Bider Structure Setback') To meet the requirement noted in Owner's Statement on Sheet 1 of the Final Map for Subdivision SD 048580, we, Hofmann Land Development Company, A California Corporation formerly known as Talisman Realty Group,Inc.,a California Corporation(Owners)hereby grants 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 Lots 111, 112 and 122 of Subdivision SD 048580, 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 of habitable structures within the areas marked "100' Bixler Structure Setback". 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 ave`'.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 r7 v'e- 2-o 0 `- tD - Hofmann. Land Development Company, a California Corporation formerly known as Talisman Realty Group, Inc., a California Corporation (eJiglfatutE} Ski../.w""' .-+ {Print name and title,) (See attached notary) G\GrpData\Eng$vtTorrLLs`,DE WORMDE-Ldoc Mind Rev.October 9,2001 Subdivision: SD 048580 140' Bixler Structure Setback All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Lots 111, 112 and 122 designated as "I OO'Bixler Structure Setback" as shown on the final reap of Subdivision SD 048580, on file at the County Recorder's Office as follows: Date: October 28 2004 Book: 469 Page: 28 G:\GrpData\P-ngSvcTornu\FXMBITS WOMEXMBIT-A.doc ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Contra Costa ss. Can January 28, 2005 before me, D. Panteles tDATE i ,NOTARY) ' personally appeared A.T.Shaw SIONER(S) Ft/� personally known to nee - 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 he/she/troy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0. PANTI:IES Comm.#12985115 �p WITNESS my hand and official seal. NOTARY PUBLIC•CALIFORNIA VI Contra Caste County �ffmy Comm.Expires March 9,2005 , r NtYtARY'SSIGNRtt.fitE�. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL FP1 CORPORATE.OFFICER Grant Deed of Development Rights - 8580 President TITLE OR TYPE OF DOCUMENT TITLCIS) Q PARTNER(S) 2 ATTORNEY-IN-FACT NUMBER OF PAGES �] 'CRUSTEE(g) 05 GCIARDIAN/CONSERVATOR January 2$, 2DAT DATE OF DOCUMENT OTHER: OTHER SIGNER IS REPRESENTING: RIGHTTHUMBPRINT NAME OF PERSON(S)OR ENTITY0ES) OF SIGNER `a APA 5/99 VALLEY-SIERRA, 800-362-3359