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Home My WebLink AboutMINUTES - 03212006 - C.10 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: March 21, 2006 SUBJECT: Accepting Grant Deed of Development Rights (Biological Setback), for Minor Subdivision 05- 00011, being developed by Eric and Julie Thomas, Martinez (Briones) area. (District 1) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S)- ADOPT Resolution No. 2006/ �G for Minor Subdivision 05-00011, accepting Grant Deed of Development Rights (Biological Setback), for project being developed by Eric and Julie Thomas, Martinez (Briones) area. (District 1) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONN: This Grant Deed of Development Rights is required by Condition of Approval 7b for Minor Subdivision 05-00011. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be accepted or recorded. _ l�ftiw�. Continued on Attachment: —�-" SIGNATURE: I ✓I2ECONIMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,i61`ROVE OTHER SIGNATURES ACTION OF BO ON v1C/ APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action itaken and entered on the minutes of the Board of Supervisors on the V07OF SUPERVISORS date shown. 1/ UNANIMOUS(ABSENT ) AYES: NOES: ABSENT; ABSTAIN: ATTESTED: /y&y44 av, °ZosOy JOHN CULLEN, Clerk of the Board of KD:mt G:\GrpData`•.EngSvc'BO`,2006\03-21\MS 05-00011 BO-27.doc Supervisors and County Administrator Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316) I cc: Current Planning,Conunwnity Development By , Deputy Eric and Julie Thomas 2400 Rancho Del Lago Road Martinez(Briones),CA 94553 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 COUNTY1 CALIFORNIA a Ado ted Resolution on March 21, 2046,by the fallowing vote: :' : \YES: SUPERVISORS UILKEINIA, DcSAU1.N(H\1, GLOVER. GIOIA NONE: NON I.-. AIISENT: St-TERVISOR PIFTHC) ff ABSTAIN: NONE ..:RESOLUTION NO. 2006/ SUBJECT: Accepting`Grant Deed of Development Rights _iolo ical Setback foi Minai=�S"Vision OS-00011 {B )� being develo ed by Eric.and Julie Thomas, Maxtinez Brtones area: District`I { IT IS,BY,THE BOARD"RESOLVED that tthe:following instrument is hereby ACCEPTED: , , • INSTRUMENT. REFERENCE: GRANTOR: AREA: : ;' : ..DISTRICT:. Cn ant Deed o f MS 05-0001.1 Eric.. and Julie Thomas :MaAinez I Developi-hent Rights . APN: •365=410-010 (Briones) Biolo ical Setback I hereby certify"that this is a.true"and"correct copy of an action G:\GrpData\EngSvc\B0;2oUb;C 3-2t'•A4S 05-00011 BC1^_7.doc taken and:eniered on the"mii>utes of the Baard.of Supervisors on aiighmtor. Public Wale(ES) Eontacti:S:'tiapculcliil.ov(313-6311),:,: :, .. ... . Re¢orditig to'•be comtttete&bi Piiice'r:Tine.Co: the date shaven` r.. cc; Current Planiring:C:tumunity Dcvelopment_ Eric and Julie Thomas AT'T'ESTED: " 2400 Raneho"Del Lago Road ._ f tl Martinez(Bricmes),CA 94553 JOHN CULT EN,Clerk o. ie Board of Superiisars auld County Placer Title.Co.. ` I�d117tn1Stratar Two Theatre Square,Ste 218 a. Orinda,CA 94W ; Attn:.Valerie Cunningitain y 92.5-'S3st82t? . . By 'Q Deputy RESOLUTION NO'.20061 406 . Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area:Martinez Subdivision:MS050011 APN:365-010-0]0 GRANT DEED OF DEVELOPMENT RIGHTS (Biological Setback) To meet condition of approval number 7b of Minor Subdivision MS050011, we, Eric Thomas and Julie Thomas, husband and wife(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 A, B, C, and D of Minor Subdivision MS050011 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 area marked "RESTRICTED DEVELOPMENT AREA - BIOLOGICAL SETBACK." Said rights to approve or disapprove are more specifically enumerated in conditions 7, 8, 9, and 10 of the permit for this subdivision. The development rights are and shall be a form of covenant, which shall bind the current Owner and any future Owner of all and 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 of 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 -3 , 2006. Eric Thomas and Julie Thomas, husband and wife, as community property with right of survivorship, as to APN 365-010-010. By:� ; �---- By: Eric Thomas—Owner Julie`rhomas—Owner Minor Subdivision MS050011 Restricted Development Area (Biological Setback) 'EXHIBIT "A" All that real property situated in the County of Contra Costa, Stale of California, described as follows: A portion of Parcels A, B, C., and D designated as"RESTRICTED DEVELOPMENT AREA—BIOLOGICAL SETBACK", shown on the parcel map of Minor Subdivision MS050011, on file at the County Recorder's Office as follows: Date: Book: Page:: STATE OF CAL6.=4CA1_COUNTY OF )SS On ' a �" ` I �� , before me, ;7�J �� a Notary Public in and for said State, personally appeared Err G -nhl e YI a S 7", JLe-l�atuS personally known to me(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/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) or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. P. CZABARANEK Comm.#1411251 rn NOTARY PUBLIC•CALIFORNIA s►+ Congo Costa County f My Comm.Expires May 10,2007" Signature