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Home My WebLink AboutMINUTES - 03012005 - C14 i TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHICT, PUBLIC WORKS DIRECTOR DATE: March 1, 2005 SUBJECT: Accepting Grant Deed of Development Rights (Bixler Structure Setback), Subdivision 04-08580. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION IZ�ECOMMENDATIONN: ADOPT Resolution No. 2005/ 104 for Subdivision 04-08580,accepting grant deed of development rights(Bixler structure setback),being developed by Hofmann Land Development Company, Discovery Bay area. (District III) FISCAL IMPACT: ,None. BACKGROUNDi�tEASO,N(S) FOR RECOMMENDATION(S), 'The Subdivision 04-08580 final map 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. Yj A`CONSEQUENCES OF NEGATIVE ACTION: 'Development Rights will not be grant deeded to the County for the Bixler structure setback. Continued on Attachment SIGNATURE: IkECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Wit.-APPROVE OTHER f SIGNATURE (S): :L AV ACTION OF BO ON MARCH 01.,2005 APPROVED AS RECOMMENDED, _OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the XX UNANIMOUS{ABSENT NONE } date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: MARCH 014 2005 .R KH:nn JOHN SWEETEN, Clerk of the Board of G:\G Data\En Svc\BO\2005\03-01\SD 04-08580 BO-27.doc � � Supervisors and County Administrator Originator: Public Works(ES) ontact: Keith Hoey(313-2020) cc: Current Planning,Community Development Hofinann Land Development Company By , Deputy 1380 Galaxy Way Concord,CA 94520 fi ;ARecorded 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 March 1, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA ',NOES: NONE s ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 104 .SUBJECT: g Acce tin Grant Deed of Development Rights(Bixler Structure Setback),for Subdivision 04-08580, Accepting 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 Bixler Structure Setback) = I hereby certify that this is a true and correct copy of an action KH:rm taken and entered on the minutes of the Board of Supervisors G:\GrpData\EngSvc\BO\2005\03-01\SD 04-08580 BO-27.doc on the date shown. Originator: Public Works(ES) Contact: Keith Hoey(313-2020) Recording to be completed by COB ATTESTED: MARCH Ol, 2005 cc: Current Planning,Community Development Hofmann Land Development Company JOHN SWEETEN, Clerk of the Board of Supervisors and 1380 Galaxy Way County Administrator Concord,CA 94520 4 By ,Deputy 104 RESOLUTION NO.2005/ Recorded at the request of: Contra Costa County CONTRA COSTA Co Recorder Office Board of Supervisors Return to: STEPHEN L WEIRClerknRecorder Public Works Department DOCX 2 , 0 0 7 1 26 6�0i 0 Engineering Services Division Records Section Wednesday, MAR 02, 2005 09:49:35 FRE $0.00 j Area: Discovery Bay Tt 1 Pd $0,00 Nbr=0002580868 Subdivision: 8580 1 it c/R S/1—5 APN: 011-241-006 GRANT DEED OF DEVELOPMENT RIGHTS ('Bixler 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 0485805 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(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 •l f7 v Q r% z Z o 0 (Date) Hofmann Land Development Company, a California. Corporation formerly known as Talisman Realty Group, Inc., a California Corporation (Signature) (Print name and title.) (See attached notary) GAGrpData\EngSvc\Forms\DE WORD\DE-I.doc JD:lad Rev.October 9,2001 i i j t I I t}t t { E 46 1 Subdivision: SD 048580 100' Bixler Structure Setback EXHIBIT "A" All that real property situated in the Count of Contra Costa,State of California,described as A p p y y follows: A portion of Lots 111, 112 and 122 designated as "100'Bixler Structure Setback" as shown on the final map of Subdivision SD 048580, on file at,the County Recorder's Office as follows: Date: October 28, 2004 Book: 469 Page: 28 H: G:\GrpData\EngSvc\Forms\EXHIBITS WORD\EXHIBIT-A.doc ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of Contra Costa On January 28, 2005 before me, D. Panteles , (DATE.) (NOTARY) personally appeared A.T.Shaw SIGNCR(S) ❑✓ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D. PANTELE9 WITNESS m hand. and official seal. �► Comm.#1296585 rr�� y * NOTARY PUBLIC•CALIFORNIA VI Contra Costa County ,YL My Comm.Expires March 9,2005 V NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by Iaw. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL RV CORPORATE OFFICER Grant Deed of Development Rights - 8580 President TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) 2 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) January 28, 2005 ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF E SIGNER 0 Q. APA 5/99 VALLEY-SIERRA, 800-362-3369