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HomeMy WebLinkAboutMINUTES - 06272006 - C.7 TO: BOARD OF SUPERVISORS --- - --------- — '-�� Contra FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa DATE: June 27, 2006 County P-- CO--- SUBJECT: Accepting Grant Deed of Development Rights (creek structure setback), for Minor Subdivision 01-00006, for project being developed by Mark S. Jones, San Ramon area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/9/p for Minor Subdivision 01-00006, accepting Grant Deed of Development Rights (creek structure setback), for project being developed by Mark S. Jones, San Ramon area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): Condition of Approval#29 requires the Grant Deed of Development Rights for creek structure setback area. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: �/�SIGNATURE: _✓RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES (:!)�: ACTIONOFBOAOON kAyv7e, APPROVED AS RECOMMENDED OTHER 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 VOOF SUPERVISORS date shown. V UNANIMOUS(ABSENT 72e/ ) AYES: NOES: ABSENT: ABSTAIN: G:\ingSvc\BO\2006\06-27\MS 01-00006 BO-27 B.doc ATTESTED: ✓G -"e l AH:vz JOHN CULLEN, Clerk of the Board of Originator: Public Works(ES) Supervisors and County Administrator Contact:S.Gospodchikov(313-2316) cc: Current Planning,Community Development Mark S.Jones P.O.Box 104 By ,Deputy Diablo,CA 94528 First American Title 3201 Danville Blvd.,Suite 190 Alamo,CA 94507 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 COUNTY, CALIFORNIA Adopted this Resolution on June 27, 2006,by the following vote: AYES: Uilkema,Piepho,DeSanlnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/��9 SUBJECT: Accepting Grant Deed of Development Rights(creek structure setback),for Minor Subdivision 01- 00006, for project being developed by Mark S. Jones, San Ramon area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Minor Subdivision Mark S. Jones San Ramon III Development 01-00006 Rights (creek APN: 204-130-001 structure setback) I hereby certify that this is a true and correct copy of an action G:\EngSvc\BO\2006\06-27\MS 01-00006 BO-27 B.doc taken and entered on the minutes of the Board of Supervisors AH:vz on the date shown. Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316) Recording to be completed by Title Company Vu/�` �Z Zx<e ATTESTED: . Je cc: Current Planning,Community Development JOHN CULLEN,Clerk of the Board of Supervisors and County Mark S.Jones P.O.Box 104 Administrator Diablo,CA 94528 First American Tide 3201 Danville Blvd.,Suite 190 Alamo,CA.94507 By ,Deputy RESOLUTION NO.2006/ 3�/ RECORDING REQUESTED BY: Contra Costa County Public Works Department Engineering Services WHEN RECORDED MAIL TO: Public Works Department Records Section Area: Alamo Subdivision: MS 01-0006 APN: 204-130-001 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 29 of Subdivision MS 01-0006, I, Mark S. Jones, (Owner) hereby grants to the County of Contra Costa, a political subdivision of the State of California (Grantee) and its governmental successor or successors the future development rights, as defined herein-below, over a portion of that real property known as Parcels A, B and C of Subdivision MS 01-0006, 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 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 owners 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 approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee or successor may deem appropriate. The undersigned executed this instrument on O (Date). MARKS. JONES (See attached notary) Subdivision: MS 01-0006 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 A, B and C designated as "Restricted Development Area (Creek Structure Setback)", shown on the parcel map of Subdivision MS 01-0006, on file at the County Recorder's Office as follows: Date: Book: Page: - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Ca+�1���rh�/�' OPTIONAL SECTION C County of ©� 1 ,°` Cy4& II ,�1 r r I CAPACITY CLAIMED BY SIGNER On G— 456 before me, 4Y w" AnDIP'Pw f 1Fbr �ot�l�y� 1 t G Though statute does not require the Date Name,Title of Officer,e.g.,Jane Doe,Notary Public' Notary to fill in the date below,doing so may prove invaluable to persons personally appeared S s relying on the document. NarneA of Sgners(o INDIVIDUAL personally known to me OR_2E provided to me on the basis of satisfactory CORPORATE OFFICER(S) evidence to be the persory(.s') whose name,(a`f is/subscribed to the within TM-E(S) instrument and acknowledged to me that PARTNER(S) LIMITED he/sbsAkey- executed the same in GENERAL RYAN AND1110 OTTO i his/kom*,*r authorized capacity(i4, ATTORNEY-INTACT o COMM. 5.1584744 z�, and that by his/heNtheir�irn;ature(d) on TRUSTEES) Notary t?ubtic t:afifornia o the instrument the persor the entity GUARDIAN/CONSERVATOR $ Contra Costa County — upon behalf of which theson(4acted, OTHER: My Comm' ms J 3 2009 executed the instrument. WITNES y hand and official seal, SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SI ATURE OF NOTARY State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On before me, Though statute does not require the Date Name,Title of Officer,e.g.,Jane Doe,Notary Pubre Notary to fill in the date below,doing so may prove invaluable to persons personally appeared relying on the document. Name(s)Signers(s) INDIVIDUAL personally known to me OR provided to me on the basis of satisfactory CORPORATE OFFICER(S) evidence to be the person(s) whose name(s) is/are subscribed to the within TM_E(S) instrument and acknowledged to me that PARTNER(S) LIMITED he/she/they executed the same in GENERAL his/her/their authorized capacity(ies), ATTORNEY-IN-FACT and that by his/herAheir signature(s) on TRUSTEE(S) the instrument the person(s)or the entity GUARDIAN/CONSERVATOR upon behalf of which the person(s)acted, OTHER: executed the instrument. WITNESS my hand and official seal, SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION LTHGERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT E DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT h the date requested here is not d by law, it could be prevented ent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE