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Home My WebLink AboutMINUTES - 03142006 - C.4 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: March 14, 2006 C 4 SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Subdivision 04- 08828, being developed by Hofmann Land Development Company, A California Corporation, Discovery Bay area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ /2 for Subdivision 04-08828, accepting Grant Deed of Development Rights (Creek Structure Setback), for project being developed by Hofmann Land Development Company, A California Corporation, Discovery Bay area. (District III) FISCAL IMPACT: None. 13ACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08828 has met all applicable conditions of approval regarding creek structure setback. Condition of Approval No. 96 requires the developer to grant deed development rights for the creek structure setback. CONSEQUENCES OF NEGATIVE ACTION: Development Rights will not be grant deeded to the county for the creek structure setback and Condition of Approval No. 96 will not be satisfied. Continued on Attachment: --" SIGNATURE: Pilivv� .1ZRECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BO DON Q/.-,,CA APPROVED AS RECOMMENDED OTHER VO�T�SUPERVISORS ►� UNANIMOUS(ABSENT /Vo yY(/ 1 I 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. KH:mi G:\GrpData\EngSvc\BO\1006\03-14\SD 04-08828 BO-27.doc / Originator: Public Works(ES) ATTESTED: /�� h /!j -<004 Contact: S.Gospodchikov(313-2316) JOHN CULLEN, Clerk of the Board of cc: Current Planning,Community Development Supervisors and County Administrator I lofmann Land Development Company 1380 Galaxy Way Concord,CA 94520 First American Titic Company 1355 Willow Way By �, Deputy Concord,CA 94520 -recorded at the request of: Contra Costa County Board of Supervisors Return to: Puhlic Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 14, 2006, by the following vote: AYES: Uilkema, Piepho, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: done RESOLUTION NO. 2006/ . SUBJECT: Accepting Grant Deed of Development-*fights (Creek Structure Setback), for Subdivision 04-08828, being developed by Hofmann Land Development Company, A California Corporation,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 SD 04-08828 Hofmann Land Discovery Bay III Development Rights Development Company, (Creek Structure Setback) A California Corporation rx:rm I hereby certify that this is a true and correct copy of an action c,:tc rpnata\Eng,Svc\so\20o6t03-14tsD 04-0881-8 130-27.d taken and entered on the minutes of the Board of Supervisors on Originator. Public Work-,(ES) the date shown. Contact: S,Cmspodchikov(313-2316) ]Recording to be congileted by First American Title Company cc: Current Planning,Crnnmunity Development Hofmann Land Development Compmiy. ATTESTED: �7 1380 Galaxy way .JOHN CULLEN.Clerk of the Board of Supervisors and County Concord,CA 94520 First American Title Company AdlTllnlstrator 1355 Willow Wav Concord,CA 94520 By Deputy RESOLUTION NO.2006/ Recorded at the request o(: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records System area:Oym-D iteover-t6ar Subdivision:SD048828 APN:011-241-013 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 96 of Subdivision SD048828, we, Hofmann Land Development Company, A California Corporation, (Owners) hereby grant(s) 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.Parcels E of Subdivision SD048828 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", except that levee maintenance, fencing and landscaping, including trees and shrubs, are excluded from this restriction. 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, as 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 D e-c- 1 (Date). Hofmann Land Development Company, a California Corporation By: By: (Print Name and Title) (Print Name and Title) Ar� s N� �Y1DCA17 (See attached notary) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'yy�>.c�`.e�`�.c�>c�ae�`-e<>.cr:<c�'-c�>crcY?-c�`<cc>.�rerc�`c,�'•c�'.ct�%c<>,c<?cc'..cS`-c<�c<>.crc�>,c�?.�5c<c<.�,e�.cY`.c�>-crcr.��;y, State of California . ss. i. County of t , 1 On err•YA.0 (�, �0,�before me, ' Date Name and Title of Officer(e.g.."Jane Doe.Notar)O'Public') , ? �. n/' personally appeared // - (..\Y/•4-','> Name(s)of Signer(s) rZ� personally known to me rIh: /❑ proved to me on the basis of satisfactory ,� evidence to be the person(s) whose name(s) is/afe- subscribed to the within instrument and acknowledged to me that he/-%heAhey executed the same in his/4@0+ elf authorized 2 capacity(ies), and that by his/hertitheir- i signature(s) on the instrument the person(s), or SANDRA K CURRAN the entity upon behalf of which the person(s) a COMM.#1551891 W acted, executed the instrument. m NOTARY PUBUC-CAUFORNfA 'D CONTRA COSTA COUNTY j My Comm.Expires March 9,zoos WITNESS my hand and official seal. Signature of Notary Public i 1 OPTIONAL 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 Lhh; Title or Type of Document: �I1 Document Date: Number of Pages: h Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer ' Signer's Name: I' ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee i ❑ Guardian or Conservator �5 ❑ Other: IrS Signer Is Representing: ? C 1999 National Notary Association"9350 De Soto Ave.,P.O.Box 2402"Chatsworth,CA 913132402"www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800-8766827 Subdivision: SD048828 Restricted Development Area(Creek Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels E designated as"Restricted Development Area (Creek Structure Setback)", shown on the final map of Subdivision SD048828, on file at the County Recorder's Office as follows: Date: Book: Page: