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Home My WebLink AboutMINUTES - 06272006 - C.9 " .,off V TO: BOARD OF SUPERVISORS =—j --= Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa rDATE: June 27, 2006 o_- ==_ -�~~4�� srq�euiz County SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 04-00020, for project being developed by Oak Gate Properties,LLC, DanvilleBlackhawk area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Minor Subdivision 04-00020, accepting Grant Deed of Development Rights (Creek Structure Setback), for project being developed by Oak Gate Properties,LLC,DanvilleBlackhawk area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Conditions of Approval#9 requires the Grant Deed of Development Rights for the Creek Structure Setback Area. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. Continued on Attachment: ,/ SIGNATURE: _-IkECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVETHER SIGNATURE (S): ACTION OF BOV ON M,!'7 APPROVED AS RECOMMENDED V OTHER VO0617 SUPERVISORS' ,�� I hereb certthat this is a true and correct UNANIMOUS(ABSENT IAy'�li�) y �' AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. SG:vz G:\EngSvc\BO\2006\06-271MS O4-00020 BO-27.doc Originator: Public works(ES) ATTESTED: . V G4.177 P/O(, Contact:S.Gospodchikov(313-2316) cc: Current Planning,Cornmunity Development JOHN CULLEN, Clerk of the Board of Oak Gate Properties,LLC Supervisors and County Administrator 3820 Blackhawk Road Danville,CA 94506 Old Republic 300 Clayton Road Concord,CA 94519 By ,Deputy 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,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Accepting Grant Deed of Development Rights(creek structure setback),for Minor Subdivision 04- 00020,for project being developed by Oak Gate Properties,LLC,DanvilleBlackhawk area.(District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 04-00020 Oak Gate DanvilleBlackhawk III Development Rights APN: 220-080-023 Properties, LLC (creek structure setback) SG:vz I hereby certify that this is a true and correct copy of an action G:\Engsvc\BO\2006\06-27wts 04-00020 BO-27.doc. taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact:S.Gospodchikov(313-2316) Recording to be completed by Title Company cc: Current Planning,Community Development ATTESTED: Oak Gate Properties,LLC 3820 Blackhawk Road JOHN CULLEN,Clerk of the Board of Supervisors and County Danville,CA 94506 Old Republic Administrator 300 Clayton Road Concord,CA 94519 By '/ ,Deputy RESOLUTION NO.2006/_ Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Subdivision: MS 04-0020 APN: 220-080-023 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 9 of MS 04-0020, we Oak Gate Properties, LLC, a California limited liability company, (Owner), hereby grant to the County of Contra Costa, a political subdivision of the State of California (Grantee) and its governmental successor or successors, the future developments rights, as defined herein below over a portion of that real property known as 'Restricted Development Area (Creek Structure Setback)", of Subdivision MS 04-0020, 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 the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. t. , The undersigned executed this instrument on � (Date). Oak Gate Properties, LLC a California limited liability company (Signature) _ (Signature) (See attached notary) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 1 State of California 4 � 1 f; County of /�� /(° ss. t � On / C'� ^ �� 1 before me, ✓ ate . me and itl icer(e.g.,"Jane Doe,Notdry Public") personal) appeared Names)of Signegs) _ A"personally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/are subscribed to the within instrument and MC111 HOGENDORN acknowledged to me that he/she/they executed Commission# 1660925 the same in his/her/their authorized 1 Notary Public—California _ capacity(ies), and that by . his/her/their Contra Costo County signature(s) on the instrument the person(s), or i fiAy Comm. Expires Apr 2.5, 2010 the.entity upon behalf of which the person(s) acted, executed the instrument. WITAE$S m and and official seat.,' Si nature o1'Nry Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer �i Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact 1 ❑ Trustee ❑ Guardian or Conservator ❑ Other: l Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-8766827 EXHIBIT"A" All the real property situated in the County of Contra Costa, State of California, described as follows: That portion of Parcels A, B and C designated as "Restricted Development Area", shown on the parcel map of Subdivision MS O4-0020, on file at the County Recorder's Office as follows: Date: Book: Page: