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Home My WebLink AboutMINUTES - 03062007 - C.17 TO: BOARD OF SUPERVISORS — �==�' Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C n. g O ^ii;iilll'dn ,Z DATE: March 6, 2007 C COUU Ll n ty IZ SUBJECT: Accept Grant Deed of Development Rights (Open Space), for Subdivision 04-08905, for project being developed by Davidon Homes, Alamo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Subdivision 04-08905, accepting Grant Deed of Development Rights (Open Space), for project being developed by Davidon Homes, Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Public Works staff has reviewed Conditions of Approval for Subdivision 04-08905 and has determined that this Grant Deed satisfies Conditions of Approval#15 which states that the development rights for the 61.38 acre open space parcel be dedicated to the County. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed will not be accepted. Continued on Attachment: ✓ SIGNATURE: _ COMMENDATION OF COUNTY AD TOR _RECOMMENDATION OF BOARD COMMITTEE ,4KI�PROVE OTHER SIGNATURES ACTION OF BO ON D APPROVED AS RECOMMENDED OTHER VO "F SUPERVISORS I hereby certify that this is a true and correct I/ UNANIMOUS(ABSENT ornti) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. AH:vz G:\EngSvc\BO\2007\03-06\BO-27 SD 04-8905.doc Originator: Public Works(313-2) ATTESTED: /%�r'� aoi AAV Contact:S.Gospodchikov(313-2316) Recording to be completed by Title Company JOHN CULLEN, Clerk of the Board of cc: Current Planning,Community Development Supervisors and County Administrator Davidon Homes 1600 S.Main Street,#150 Walnut Creek,CA 94596 Atm:Steve Abbs Sandra Cannon By , Deputy First American Title Company 9585 Laguna Springs Drive Elk Grove,CA 95758 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 March 6, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ SUBJECT: Accepting Grant Deed of Development Rights(Open Space),for Subdivision 04-08905,for project being developed by Davidon Homes, Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of SD 04-08905 Davidon Homes Alamo III Development Rights APN: 193-200-005, - (Open Space) 017, -019, and 193- 190-009 AH:vz G:\EngSvc\B0\2007\03-0680-27 SD 04-8905.doc I hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact:S.Gospodchikov(313-2316) Recording to be completed by Title Company on the date shown. cc: Current Planning,Community Development Davidon Homes A G 1600 S.Main Street,#150 Walnut Creek,CA 94596 ATTESTED: i Attn:Steve Abbs JOHN CULLEN,Clerk of the Board of Supervisors and County Sandra Cannon First American Title Company Administrator 9585 Laguna Springs Drive Elk Grove,CA 95758 By ,Deputy RESOLUTION NO.2007/ Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Alamo Subdivision: SD 04-8905 APN: 193-200-005 017 019&193-190-009 GRANT DEED OF DEVELOPMENT RIGHTS ( Open Space ) To meet condition(s) of approval number 15 , of SD 04-8905 , Uwe,_ (Owner(s)) hereby grant(s) 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 PAP-te� �_ T> of Subdivision Sn U4-00"(05 ,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 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 prior or subsequent performance of such conditions as Grantee,or successor, may deem appropriate. The undersigned executed this instrument on (Date) D EN All S �E'r-l=ICE� R• "lei AYEfL. (Signature) (Print name and title.) (Signature) /> (Print name an e.) (See attached notary) UDocuments and SettingsNke.DKASSOCIATES\Local Settings\Temporary Internet Files\OLKSGDDR-Open Space.doc JD lad Rev.October 9.2001 SD 04-8905 �.�.CkM EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Parcel D designated as Open Space as shown on the final map of SD04-8905,on file at the County Recorder's Office as follows: Date: Book: Page: ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF Contra Costa } On January 8, 2007 , before me, Linda J. Allen a Notary Public in and for said State, personally appeared Dennis J. Razzari and Jeffrey R. Thayer , personally known to me (or proved to me on the basis of satisfactory evidence) 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 official seal. LINDA J ALLEN Commission# 1643053 Notary Public -California Contra Costa County - My Comm.ExOres Mar 1,201011 Signature (This area for official notarial seal)