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TO: BOARD OF SUPERVISORS • =� _`. Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o.: Costa
t .,4b
DATE: JUNE 27, 2006 o= -- �`?:�`��
.ST'q COUty'f'; \/ o u n ty
SUBJECT: Approve the Vacation of a Grant Deed of Development Rights from all of Parcels A, B & C, Minor
Subdivision MS 3-94, Concord area. (District IV) (Government Code §25367)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
DETERMINE that this vacation request is for a grant deed of development rights no longer required for public use
(Government Code Section 25367). A description of the area to be vacated is described in Exhibit "A".
DECLARE that the hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to
any reservation and exception described in attached Exhibit "A". From and after the date this Resolution is
recorded, the portion vacated no longer is subject to the grant deed of development rights recorded in the office of
this County's Recorder on December 21, 1998 in Book 175 of Parcel Maps at page 49.
DIRECT the Real Property Division to have a certified copy of this Board Order recorded in the office of the County
Recorder.
CONTINUED ON ATTACHMENT: El SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
-APPROVE OTHER
SIGNATURE(S): ,,,-_ / ` /
ACTION OF BO R ON \/ W TSG O�?'C? APPROVED AS RECOMMENDED V OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT A 410'7'7!/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Ron Babst(925)313-2226
RB:lad
G:\Rea1Prop\2006-Pi1es\BOs&Res 06\130 MS 3-94 6-27-06.doc ATTESTED ;41 L ag Z7,o'"if
JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc: Accounting
Recorder(via RP)
BY: DEPUTY
SUBJECT: Approve the Vacation of a Grant Deed of Development Rights from all of Parcels A, B & C,
Minor Subdivision MS 3-94, Concord area. (District IV) (Government Code §25367)
DATE: June 27, 2006
PAGE: 2 of 2
FISCAL IMPACT:
None.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The developer of subdivision MS 3-94 was conditioned to grant development rights to the County in order to file
their Parcel Map for their subdivision. Once the developer has provided the improvement plans to meet the collect
and convey requirements of the Conditions of Approval for the subdivision the County is required to remove the
Grant Deed of Development Rights restriction. The improvement plans have now been reviewed and approved by
the County; therefore, the developer has met said conditions. This is a ministerial action since the County has no
choice but to vacate the Grant Deed of Development Rights since the conditions imposed have now been met.
CONSEQUENCES OF NEGATIVE ACTION:
The County would not be complying with the removal of the Grant Deed of Development Rights requirement.
Vacation of Grant Deed of Development Rights
Parcels A, B, and C of MS 3-94
APN 116-120-052,116-120- 053and 116-120-054
EXHIBIT `A'
A portion of Lot 48 of the R.N. Burgess Company's Map No. 1 Ayers Ranch Subdivision
recorded in Book 7 of Maps at page 170, Contra Costa County, California described as follows:
All of Parcels A, B, & C as shown on Minor Subdivision MS 3-94 filed December 21, 1998 in
Book 175 of Parcel Maps at page 49.
RZ:kp April 25,2006
G:\GrpData0esign\SURVEYS\Legals\Exhibits2006\Vacation of Grant Deed MS 3-94.doc