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Home My WebLink AboutMINUTES - 04112006 - C.7 TO: BOARD OF SUPERVISORS "=- T' - Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR CQSta x' 'sire,+,1 � DATE: April 11, 2006 ��;•' \s ' Tq � County SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 96-00014, being developed by Gordon R. Rasmussen and Karen L. Rasmussen, San Ramon (Tassajara) area. (District III) . I SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I RECOMMENDATION(S): ADOPT Resolution No. 2006/ /77 for Minor Subdivision 96-00014, accepting Grant Deed of Development Rights(Creek Structure Setback), for projectbeing developed by Gordon R.Rasmussen and Karen L.Rasmussen, San Ramon(Tassajara) area. (District III) I I FISCAL IMPACT: None. I BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Condition of Approval number 37 requires the Grant Deed of Development Rights for the Creek Structure Setback. I CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights for;Creek Structure Setback will not be recorded. I I Continued on Attachment: ✓ SIGNATURE: I ,RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER I SIGNATURE(S)- ACTION IGNATURES :ACTION OF BO ON ) APPROVED AS RECOMMENDED OTIIER- I 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 date shown. ✓ UNANIMOUS(ABSENT Bev AYES: NOES: ABSENT: ABSTAIN: ATTESTED: KD:rtn G:\GrpData\EngSvc\BO\2006\04-1l\MS 96-00014 130-27.doc JOHN CULL N, Clerk of the Board of Originator: Public wort(ES) Supervisors and County Administrator Contact:S.Gospodchikov(313-2316) cc: Current Planning,Community Development Gordon R.Rasmussen and Karen L.Rasmussen 6000 Highland Road Pleasanton,CA 94566 By. , Deputy Old Republic Title Company 3000 Clayton Road Concord,CA 94519 I. I I I I I Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division I I I I I THE BOARD OF SUPERVISOiRS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 11, 2006, by the following vote: ' I AYES: Uilkerna, Piepho, DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None I I -- —--- RESOLUTION NO. 2006/ I SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision 96- 00014,being developed by Gordon R.Rasmussen and Karen L.Rasmussen,San Ramon(Tassajara) area. (District III) I I I I IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: I INSTRUMENT: REFERENCE: I GRANTOR: AREA: DISTRICT: Grant Deed of MS 96-00014 1 Gordon R. Rasmussen San Ramon III Development Rights APN: 205-040-002 and Karen L. Rasmussen (Tassajara) (Creek Structure Setback) I I I hereby certify that this is a true and correct copy of an action I taken and entered on the minutes of the Board of Supervisors I on the date shown. KD:nn I G:\GrpData\ErrgSvc\BO\2006\04-1 INS 96-00014 BO-27.doc V Originator: Public Works(ES) ATTESTED: Contact:S.Gospodchikov(313-2316) JOHN CULLEN,Clerk of the Board of Supervisors and County Recording to be completed by Old Republic Title Company Administrator cc: Current Planning,Community Development 1 Gordon R.Rasmussen and Karen L.Rasmussen 6000 Highland Road Pleasanton,CA 94566 I By ,Deputy Old Republic Title Company 3000 Clayton Road Concord,CA 94519 Attn:Dawn Cabral (925)687-7880 RESOLUTION NO.2006/ I I - 1 .. I - - I I I Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Tassajara Subdivision: MS 96-00014 APN.: 205-040-002 I I GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) I To meet condition of approval number 37 of Minor. Subdivision 96-00014, we, Gordon R. Rasmussen and Karen L. Rasmussen (Owners),hereby gr nt 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 'C, of Minor Subdivision 96-00014, situated in the County.of Contra Costa, State of California and more particularly described in Exhibit "A". I 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 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 priorlor subsequent performance of such.conditions as Grantee, or successor, may deem appropriate. I I 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 inlsaid time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on f C C;Zte�D 3 (Date). I I I I (Signature) (Print name and Mule.) ` I ' (Signature) (Print name and titl.) / \ t S (See attached notary) �' �✓ tS:rm .. G.\GrpData\EtMgSvc\Laurie\projects�.MS 14-96\.MS 96-00014 DE-I.doc . I .. I I I I I I I Minor Subdivision 96-00014 (Dev.i�hrtfias) I I EXHIBIT "A" j All that real property situated in the County of Contra Costa,State of California,described as follows: I , A portion of Parcels A and C designated as Restricted Levelopment Area(Creek Structure Setback) as shown on the parcel map of Minor Subdivision 96-00014, on file at the County Recorder's Office as follows: j I I Date: I Book: Page: I I I I I I I I I I I I I I I I I I G:�GrpDataTngS%,clLaurie\pr iects\MS 14-96WS 96-00014 EXH161T-A.00c LS:mi j I I . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State o O/n OPTIONAL SECCION Coun I r'� « I� CAPACITY CLAIMED BY SIGNER On i before me, ra C-4 Though statute does not require the Notary to fill in DATE NAME,TITLE OF OYFICER E.G.,"JANE DOE,PIOTARY PUBLIC" the data below,doing so may prove invaluable to I persons relying on the document. personally appear r J �• ) !\�f NAME(S)OF SIGNER(S) ❑ INDIVIDUAL 11 ❑ CORPORATE OFFICER(S) ❑ personally known to me-OR-Cu1proved to me on the basis of satisfactory evidence to be the peison(s)whose name(s)is/ ee TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/ ey xecuted ❑ PARTNER(S) ❑ LIMITED STEPANOVICFt the same in•his9lter/ eir uthorize CAROL DIANE ❑ GENERAL capacity(les),and tIA y his/her/t Ir Commission 1348738 = Z signatilre, on the instrument the person(s)or ❑ ATTORNEY-IIJ-FACT i*MY Notary Public—Califomia i theentity;upon,lie if of which the person(s) ❑ TRUSTEE(S) Contra Costa County — /hcted,exicut a instrument. ❑ OTHERIAN/CONSERVATOR EJ�ires Apr25,20'COMM. /111 TNES v hand and of 1 sea SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) I S GNATURE OF NOTARY I OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Docum r�%�) l n J TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it-may prove valuable Date of Document �(x� to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form I INSTRUCTIONS TO NOTARY The following information is provided in an effortto expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by tvro officers, one from each of the following two groups: I GROUP 1. (a)The Chair of the Board b The President c Any Vice-President GROUP 2. al The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer I If signatures of officers from each of'the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question Is required. A currently valid power of attorney,notarized, will suffice. I Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." I JC MW \\PWS4\SRARDATA\GrpData\EngSvc\Forms\WORD FORWALL PURPOSE NOTARY.doc Rey.;pugustvl,%2oa 1 I I I I