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Home My WebLink AboutMINUTES - 03212006 - C.9 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS•DIRECTOR DATE: March 21, 2006 SUBJECT: Accepting Grant Deed of Development Rights, 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 1USTIFICA-I'ION RECOMMENDATION(S): ADOPT Resolution No. 2006/ AN-5- for Minor Subdivision 05-00011, accepting Grant Deed of Development Rights for project being developed by Eric and Julie Thomas, Martinez (Briones) area. (District I) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): This Grant Deed of Development Rights is required in lieu of fees to the Road Improvement Trust Fund per Condition of Approval number 29 of Minor Subdivision 05-00011. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be accepted or recorded. Continued on Attachment:_ SIGNATURE: I ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE u,-APPROVE OTHER SIGNATURE(S)-(�1,/---t,f-,-'J dgk-e-i�� ACTION OF BO R ON eeh o$/ =4 APPROVED AS RECON MENDED 1/ OTIIER 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 UNANIMOUS(ABSENT 1 date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: �a►�'� a✓ °?�� KD:m, JOHN CULLEN, Clerk of the Board of G:`•GrpData'••EngSvc\BO\2006\03-21\MS05-00011130-27b.doc Supervisors and County Administrator Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316) cc: Current Planning,Community Development mBy , Deputy Eric and Julie Thoas 2400 Rancho Del Lago Road Martinez(Briones),CA 94553 Recorded-,it the request of: .. Contra Costa County Boi<rd of supervisors Return to: Public Works Department. . Entnneering Services Division THE BOARD.OF.SUPERVISORS:OF-CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on Mafth:.21, 2006, by.the following vote: :AYES: SUPERVISORS t!ll_KEINIA, ' DeSALAAMER, GLOVER. GIOIA : NONE: NONE .—ABSENT: SL!PERVISOR PIEPI-10 ABSTAIN: NONE ' RESOLUTION N0:2006/ :SUBJECT:'.: Accepting Grant.Deed of E)6velbbmentl Rights, foi Minor Subdivision 05-00011, being developedby Eric'and Julie Thomas,Martinez:(Briones) area:.(District I) MIS BY THE BOARD RESOLVED thavthe following instrument is hereby ACCEPTED:: - 1 - INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: 'Grant Deed of MS 05-00011 Eric and Julie Thomas 1VIarGiriez I' ..::Development Rights APN .365-0 10-010 (Briones) KD:rin:. . I Hereby certify that this ia tnie arid: copy of all action G:\c ipDataEngS�c 02op6\03-21�Ivts.o5-riu011 BO-27b.doc a Boald of SupeIVisoIs on s taken and entered on the iiiiliutes of tli, . the..date.shown: Originntor. . Public Work:(ES) Contitct:.S.Gospodchil:gv(313-2316).. Rccotditig to be completed-by Placer Title Co. ATTESTED:: : i cc: Current Planning,Community Developrnent Eric and Jure Thomas JOHN CULLEN,Clerk of the Board.of.Supervisors and.Cowi 2400 Rancho Del Lago Road . Martinez(Brioies)."CA 94553 Placer Title Co.' Two 7lieatre Square,ate'13.. _ Adirnnistrator: Onnda,CA 94563 Attn:Valerie Cunninghuin By Deputy 925-253-4810 6% •I i RESOLUTION NO.200 5` Recorded at the request of: Contra Costa County Board of'Supervisors Return to: Public Works Department Engineering Services Division IZecords Section Area: Martinez Subdivision: MS 050011 A1'\.: W-010-010 GRANT DEED OF DEVELOPMENT RIGHTS (In Lieu of fees to the Road Improvement Trust Fund) To meet condition of approval number 29, of MS05001 l,we, Eric Thomas and Julie Thomas (Owners), hereby grant 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 and B of 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.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 oflproposed construction by Grantee or successor,said proposed construction shall not be performed. It is understood that the Grantee, or successor Grantee,will condition the approval of the first building permit for all of the parcels described in Exhibit "A" upon receipt of the $15,000 per parcel one time fee to the Road Improvement Trust Fund (per condition of approval 29 of MS050011). 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.It is also understood that the Grantee,or successor Grantee will quitclaim those development rights back to Owner or future Owner,when the above mentioned fees are paid. The undersigned executed this instrument on -= 1 (Date). Eric Thomas and Julie Thomas,husband and wife as community property with right of survivorship, as to APN 365-010-010 Eric Thomas ` f(Smnawie) Julie Thomas See attached notary) Gi•,GrpData,EngSvc\Kcr\I'roiec&I)E-1 MS050011 doc MS050011 EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of parcels A and B as shown on the parcel map of Minor Subdivision 050011, on file at the County Recorder's Office as follows: Date: Book: Page: KD G:\Cirpl)ata\l?"g)vc\KentTrojects•.Exhibit-A FOmI..MS 050011 I State of California ) ss. County of � ) On l 2006 before me Notary Public personally appeared E%rCLasis personally known tome (or proved to me on the bof sSatisfactorylevidence) 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 off' I s 0 SIGNATURE ` 4 � I P. CZABARANEK N Comm.#1411251 rn NOTARY PUBLIC•CALIFOUNIA Contra Costa County My Comm.FapUes May 10,2007"ih