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Home My WebLink AboutMINUTES - 06282005 - C14 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: June 28, 2005 SUBJECT: Acc2ting Grant Deed of Development RiLhts_(Creek Structure Setback), Martinez area SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION( : ADOPT Resolution No. 2005/ 397 for Minor Subdivision 01-00020, accepting Grant Deed of Development Rights(Creek Structure Setback),for project being developed byNorma V.Thomas,Thomas Family Trust by Susan M. Thomas Successor, Trustee,, Arlene S. Daly, Wilbur T. Daly,Alvin A. Saraiva,Martinez area. (District 111) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION( Condition of Approval #38 for Minor Subdivision 01-00020 requires the developer to grant development rights (creek structure setback)to the County for restricted development area. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights (Creek Structure Setback)will not be accepted. Continued on Attachment: ,,--" SIGNATURE: 7 _j,..- ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE .6,"PROVE OTHER SIGNATURE oe grlaw,/ ACTION OF BO ON JOE 28, 2005 APPROVED AS RECOMMENDED XOTHERX 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 NONE date shown. xx UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JUNE 28 9 2005 JOHN SWEETEN, Clerk of the Board of AH:rm G:\GrpData\EngSvc\BO\2005\06-28\MS 01-ON20 BO-27.doc Supervisors and County Administrator Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316) cc: Current Planning,Community Development By Deputy Norma V.Thomas,Thomas Family Trust by Susan M.Thomas Successor,Trustee, Arlene S.Daly,Wilbur T.Daly,Alvin A.Saraiva 1190 Bear Creek Rd. Martinez,CA 94553 Old Republic Title Co.,Attn:Donna Jones 3000 Clayton Road,Concord,CA 94519 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 June 28, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAUILNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE -RESOLUTION NO. 2005/ 397 SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision 01- 00020, being developed by Norma V. Thomas, Thomas Family Trust by Susan M. Thomas Successor, Trustee, Arlene S. Daly, Wilbur T. Daly, Alvin A. Saraiva,Martinez area. (District 111) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 01-00020 Norma V. Thomas Martinez II Development Rights Thomas Family Trust (Creek Structure Setback) by Susan M. Thomas Successor, Trustee, Arlene S. Daly, APN: 365-030-108 Wilbur T. Daly, Alvin A. Saraiva I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisor: AH:rm on the date shown. G:\GTpData\EngSvc\BO\2005\06-28\MS 01-00020 BO-27.doc Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316) Recording to be completed by Old Republic Tide Company ATTESTED: JUNE 28, 2005 cc: Current Planning,Community Development Norma V.Thomas,Thomas Family Trust by JOHN SWEETEN, Clerk of the Board of Supervisors an( Susan M.Thomas Successor,Trustee, County Administrator Arlene S.Daly,Wilbur T.Daly,Alvin A.Saraiva 1190 Bear Creek Rd. Martinez,CA 94553 Old Republic Title Co.,Attn:Donna Jones 3000 Clayton Road,Concord,CA 94519 By Deputy RESOLUTION NO.2005/ 397 00e V A Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Martinez Subdivision: MS 01-0020 APN.: 365-030-108 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 38, of MS 01-0020, we, Norma V. Thomas, Thomas Family Trust by Susan M. Thomas,successor,trustee, Arlene S.Daly, Wilbur T.Daly, and Alvin A.Saraiva(Owners),hereby grant to the County of Contra Costa,a political subdivision of the State of California(Grantee)and govemmental successor or successors of said county,the future development rights, as defined herein below, over a portion of that real property known as "Restricted Development Area(Creek Structure Setback)"of Subdivision MS 01-0020, 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 "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 ofsaid 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. GAGrpData\EngSvc\Fomis\DE WORD\DE-1 FRM.doc The undersigned executed this instrument on 1 (Date) P{Signature (Print name and title. (Signature) --j�2A qj a (Print name and title.) (Signature) (Print name and title.) (Signature) ILI v (Print name and title.) (See attached notary) MS01-0020 (Dev.No.reference) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels A and B and the remainder lot designated as `RestrictedDevelopment Area" (Creek Setback) ,shown on the parcel map of Subdivision MS 01-0020 on file at the County Recorder's Office as follows: Date: Book: Page: JD:mw G:\GrpData\EngSvc\Forms\EXHIBITS WORD\EXHIBIT-A.doc r . ALL-PURPOSE ACKNOWLEDGMENT • !•"MEOW•44=NW•!•440NO►•40no►•!•AGNOW•"Nomw•44NO►•qNNNOW•!•-"now* 041 • State of California - County of �.� ,� � s��. ss. On before me, �z�p cr�� c /1/0, , • (DATE) (NOTARY) personally appeared - � .�: ,� i 4:� • P Y PP SIGNER(S) ❑ personally known to me - OR- proved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) ds/are subscribed to the within instrument and • acknowledged to me that 4e/she/they executed • the same in h-�s/her/their authorized • capacity(ies), and that by hi-s/h&f/their • BEVERLY SUE WWM)O signature(s) on the instrument the person(s), • c(NIVI aion#1547625 or the entity upon behalf of which the • Como coat persons) acted, executed the instrument. • My Con vi EVW Jon 27, • • WITNESS my hand and official seal. • .,ctce .� • NOTARY'S SIGNATURE • OPTIONAL INFORMATION • The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- • edgment to an unauthorized document. 1CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) • ❑ ATTORNEY-IN-FACT • 1:1 TRUSTEE(S) NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR • DOTHER: • • DATE OF DOCUMENT • SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) • • OTHER • APA 1/94 VALLEY-SIERRA,800-362-3369 ALL-PURPOSE ACKNOWLEDGMENT 0 "$MOW*ONNOW*40NOW 044100WO OMENWO 0 State of California SS. County of te;.,4 On 1Y_-'?0e-j <-- before me, (DATE) (NOTARY) personally appeared .<t4.siu /1-ii SIGNER(S) • • ❑ personally known to me - OR- i�l--proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) e are subscribed to the within instrument and • acknowledged to me that4wJshe/they executed the same in h-i-s/h-erftheir authorized capacity(ies), and that by /L*r/their signature(s) on the instrument the person(s), SEVMY SM or the entity upon behalf of which the COMO" #1547625 wcawwnw person(s) acted, executed the instrument. 0 cofta Cabo County • CC"". Jan 27. WITNESS my hand and official seal. NOTARY'S SIGNATURE 0 OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPAC CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT F-1 INDIVIDUAL F-1 CORPORATE OFFICER �J� e al � 12e t,,j k- 1*ez is • TITLE OR TYPE OF DOCUMENT TITLE(S) • ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT F TRUSTEE(S) NUMBER OF PAGES M GUARDIAN/CONSERVATOR M OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) OTHER APA 1194 VALLEY-SIERRA,800-362-3369