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Home My WebLink AboutMINUTES - 04222008 - C.12 4E.L �.��•-: - Contra TO: BOARD OF SUPERVISORS FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: Aril 22, 2008 P County SUBJECT: Accept Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 03-00036, Walnut Creek area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND-AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/,21/ for Minor Subdivision 03-00036, accepting Grant Deed of Development Rights (Creek Structure Setback), for project being developed by .Armand Butticci, III, Walnut Creek area. (District I11) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Conditions of Approval for Minor Subdivision 03-0036 requires the applicant to restrict development within the creek structure setback area. Acceptance of this Grand Deed of Development Rights satisfies. Condition of Approval No. 41. CONSEQUENCES OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be accepted. Continued on Attachment: ✓ SIGNATURE: �l ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER r' SIGNATURES . ACTION OF B A D ON APPROVED AS RECOMMENDED_X_OTIILR VOTE OF SUP W VISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. 11s:vz G:\EngSvc\BO\2008\04-22\BO-27 MS 03-0036.docx ATTESTED: Originator: Public Works(ES) JOHN CULLEN, Clerk of the Board of Contact: T.Ric(313-2363) cc: Current Planning,Community Development Supervisors and County Administrator Armand Butticci,111 2306 West Street Oakland,CA 94612 Bonnie Burnett By Deputy Ticor Title Company 1855 Olympic Blvd,Suite 110 Walnut Creek,CA.94596 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 April 22, 2008 by the following vote: AYES: Gioia,Uilkema,Piepho,Bonilla&Glover j NOES: none ABSENT: none ABSTAIN: none RESOLUTION NO. 2008/4P SUBJECT: Accepting Grant Deed of Development Rights(Creek Structure Setback), for Minor Subdivision 03-00036, Walnut Creek 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 03-00036 Armand Butticci, Walnut Creek III Development Rights APN: 138-180-007 I1I (Creek Structure Setback) l.s:vz hereby certify that this is a true and correct copy of an (3:\I -22\BO-27 MS 03-0036.docx Iaction taken and entered on the minutes of the Board of Originator: Public works(IS) Supervisors on the date shown. Contact: T.Rie(313-2363) Recording to be completed by Title Company Lc:)g cc: Current Planning,Community Development ATTESTED: O �� Armand Butticci,Ill JOHN CULLEN, Clerk f the Board of Supervisors and 2306 West Street Oakland,CA 9461 County Administrator Bonnic Burnett Ticor Title Company 1855 Olympic Blvd,Suite l 10 By Deputy Walnut Creek,CA 94596 RESOLUTION NO.2008/ & Recorded at the request of: Contra Costa County Board of Supen'isors Return to: Public Works Department Enaineerina Services Division Records Section Area: Walnut Creek- Subdivision: reekSubdivision: MS03-000:6 A.M.: 138-180-007 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) n zzII l� To meet condition of approval number 41, of MS03-00036. I/we, Armand Butticci/(Owner ), hereby grants 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, B and C of Subdivision MS03-00036, 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 { matei. (Signature) (Armand Butticci) III) (Signature) (See attached notary) (i..(irplhta.r-.ng.5vc`•Forms\DL WORD\DE-I PRNI.doc " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On . r t5 U before me, Nancy E. Embrey, Notary Public Date Here Insert Name and Title of the Officer personally appeared �'� A-N` i7 /� v T--r-(� I(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(%)T§/are subscribed to the within instrument and acknowledged to me that (&/she/they executed.the same in t'her/their authorized capacity(IW), and that by is her/their signature(k'on the instrument the person('), or the entity upon behalf of NANCY E.EMBREY which the person( acted, executed the instrument. Commlasion#1578043 Notary Public-California I certify;under PENALTY OF PERJURY under the laws Contra costa County of the State of California that the foregoing paragraph is . 01my Comm.Expires Jun 8,2009 true and correct. WITNESS my hand and official seal. Sig nature' n. �.• ,L 'L Place Notary Seal Above Signature of Notary 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 D�ocUrnent Title or Type of Document: �,t ZL ct k+s Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑. Corporate Officer—Title(s): ❑.Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General :•, ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact. 0 Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item 5907 Reorder:Call Toll-Free 1-800-878-6827 MS03-00036 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) as shown on the parcel map of MS03-00036, on file at the County Recorder's Office as follows: Date: Book: Page: