HomeMy WebLinkAboutMINUTES - 06032008 - C.14 CA
GE ` Contra
TO: BOARD OF SUPERVISORS
FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR
-r Costa
DATE: June 3, 2008 `'•. �~ County
SUBJECT: Accept Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision
05-00019, for project being developed by George R. Dietrich, Nancy A. Dietrich, Robert M.
Westerlund and Tracy L. Phillips, Walnut Creek area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ for Minor Subdivision 05-00019, accepting Grant Deed of Development
Rights (Creek Structure Setback), for project being developed by George R. Dietrich, Nancy A. Dietrich,.Robert
M. Westerlund and Tracy L. Phillips, Walnut Creek area. (District III)
FISCAI. IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Conditions of Approval #5 of Minor Subdivision 05-00019 require that the Development Rights for Creek .
Structure Setback be granted to the County.
_CONSEQUENCES OF NEGATIVE ACTION:
The Development Rights will not be granted.
Continued on Attachment:./ SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
RFCOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF B060 ON APPROVED AS RECOMMENDED�r�OTHER _
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS minutes of the Board of Supervisors on the
UNANIMOUS(ABSENT_) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
B13Jc ATTESTED: C 0
G;\EngSvc\BO\2008'\06-03`.MS 05-00019 BO-27 FORM.doex JOHN CULLEN, Clerk of the oard of
Originator: Public Works('ES)
Contact: 13.13alangan (313-2188) Supervisors and County Administrator
Recording to be completed by: Clerk of the Board �.
cc: Current Planning,Community Development
Tracy L.Phillips
20 Aloyse Ct.
Walnut Creek,CA 94596
cve
, puty
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 3, 2008 by the following vote:
AYES: Gioia,Uilkema,Piepho,Bonilla&Glover
NOES: none
ABSENT: none
ABSTAIN: none
RESOLUTION NO. 2008/3
SUBJECT: Accepting Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision
05-00019, for project being developed by George R. Dietrich, Nancy A. Dietrich, Robert M.
Westerlund and Tracy L. Phillips, 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 05-00019 George R. Dietrich Walnut Creek III
Development APN: 184-100-027 Nancy A. Dietrich
Rights (Creek Robert M. Westerlund
Structure Setback Tracy L. Phillips
I hereby certify that this is a true and correct copy of an
BBjc action taken and entered on the minutes of the Board of
G:\EngSvc\B0\2008\06-03\MS 05-00019 BO-27 FORM.docx Supervisors on the date shown.Su
Originator: Public Works(ES) p
Contact: B.Balangan (313-2188)
Recording to be completed by: Clerk of the Board
cc: Current Planning,Community Development a�/�3�o n
Tracy L.Phillips ATTESTED:
20 Aloyse Ct.
Wab,nt creek,CA 94596 JOHN CULLEN, Cler c of the Board of Supervisors and
County Admini for
By ,Deputy
RESOLUTION NO.2008/_1 J '7 ,
RECORDED AT THE REQUEST OF:
Contra Costa County
Board of Supervisors
RETURN TO:
Public Works Department
Engineering Services Division
Records Section
Area: (Walnut Creek)
Affects: Parcels A,B,C,D of
Minor Subdivision MS 05-0019
APN: 184-100-027
GRANT DEED OF DEVELOPMENT RIGHTS
(CREEK STRUCTURE SF.TBACK)
To ineet administrative condition of approval No.5 of Minor Subdivision MS 05-0019,
We, Robert M. Westerlund, Tracy Phillips, and the George R. & Nancy A. Dietrich
Family Living Trust, (Owners), hereby grant 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
portions of that real property more particularly described Parcels A, B, C, and D of
Minor Subdivision MS 05-0019 filed on , 200—in Book of Parcel
Maps at Page_ in the Office of the Recorder of Contra Costa County, California,
which certain portions of said real property are more particularly shown and described
on said Parcel Map as "Restricted Development Area (Creek Structure Setback)".
In accord with Contra Costa Code Section 914-14.014, no permanent structures of any
kind other than drainage structures may be constructed within, under or over said
Restricted Development .Area portions of Parcels A, B, C, and D. Fencing and
landscaping, including trees and shrubs. are excluded from this restriction. This
notwithstanding, any structures currently existing within the proposed Structure Setback
Line/Restricted Development Area shall be allowed to remain.
The Structure Setback Line delimiting* said Restricted Development Area shall be
verified prior to the issuance of a building permit.
Said 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.
The undersi,,ned executed this instrument on the dates as indicated on the attached
notarizations.
George R. Dietrich and Nancy A. Dietrich, Trustees of the
George &4ie
A. ti' h Family Living Trust Dated June 29, 2005
111-0
Georg . D , rustee Nancy A. detrich, trus ee
Robert M. Westerlund -1.'racy L fillips
(notarization)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On before me, �GGf YG
(Here insert name and title of the•o cer)
personally appeared_K XX/ / �/'/ �� /� ,(`/�/� +/. 'RA ,
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)4re ubscribed to
the within instrument and acknow . ed to me that-" the executed the same in-higher their authorized
capacity(ies), and that b their ignature(s)on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. AMY W. HOLLAND
Comm.#1502349 rr��
1 NOTARY PUBLIC-CALIFORNIA U7
WITNESS m hand and official Contra County
y h1
y Comn!.Expires July 10,1003 E
Signature of Nota ubli (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
r I , properly completed and attached Yo that document. The only exception is ifti n
In/CQItVrpVl� document is to be recorded outside of California.In such instances,any alternative
C
(Title or descri ion of attache document) acknowledgment verbiage as may he printed on such a document so long as the^ � verbiage does not require the notary to do something that is illegal far a -in
Californiaalifornia (i.e. certifying the autlrori=od capacity of the.signer). Please check
the
(Title or description of attached document continued) document carefully for proper•notarial wording and attach this form if required.
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s)who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
1 Individual(s) he/she/dey is/aFe)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
i
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of W1.1ilk _
On �� �� before me,
(Here insert nam and title oft ,he o r) /�,
personally appeared DI ei V I� "W✓ 1k �. 66 c l/
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s re bscribed to
the within instrument and ack�n�ow ed to me that the executed the same in-)}ikre their uthorized
capacity(ies), and that bhis,ate /their gnature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califor�j"'aL' foregoing paragraph
is true and correct. AMY W. HOLLAND
Comm.#1502349 ''nn
LIP-
SiZ�f
NOTARY PUBLIC•CALIFORNIAContra Costa Count
WITNESS my hand and offi 'a seal. My comm.Expires Juty 2�,2oosIL
Not (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
adocument is to be recorded outside of California. In.such instances,any alternative
C
(Title or descripn )n of attached document) acknowledgment verbiage as may be printed on such a document so long as the F� _ ✓� verbiage does not require the notary tdsomething that is illegal fora y in
California (i.e. certifying the authorized
capacity capacity of the signer). Please check the
(Title or description of attached document continued) document carefulli,for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
Number of Pages Document Date_ signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/the),-is/are)or circling the correct forms.Failure to correctly indicate this
❑ individual(s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact . Additional information is not required but could help to ensure this
Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com