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Home My WebLink AboutRESOLUTIONS - 05102004 - 2004-555 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 October 12, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UIUU MA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTIONNO. 2004#MMUMMMOMIMMMUMMMMOMMEMMEMEMMMMM5 SUBJECT: Acceptance of Grant Deed of Development Rights(Creek Structure Setback), for Subdivision 04- 08580,being developed by Hofinann Land Development Company,Byon area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Subdivision 04-08580 Hofinann Land Byron III Development Rights Development Company (Creek Structure Setback) I hereby certify that this is a true and correct copy of an action KH.rm taken and entered on the minutes of the Board of Supervisors G:1GrpDatalEngsvc\Ho12004\10-12-041Sn 04-08580 B0-27.doc on the date shown. Originator: Public Works(ES) Contact:Prank Navarro(313.2254) Recording to be completed by Mrst American Title Company M. Current Planning,Community Development ATTESTED: OCTOBER 12, 2004 Hofinann Land Development Company JOHN SWEETEN, Clerk of the Board of Supervisors and 1380 Galaxy Way County Administrator Concord,CA 94520 First American Title Company 1355 Willow Way,#100 Concord,CA 94520 By _,Deputy RESOLUTION NO.2004/555 Recorded at the request of- Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Byron Subdivision: SD 0"580 APN: 015-160.001 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 52E5 for Subdivision SD 018584, we, Hofmann Land Development Company,A California Corporation formerly known as Talisman Realty Group, Inc., a California corporation, (Owners) hereby grant(s) to the County of Contra Costa, a political subdivision ofthe 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 D and E of Subdivision SD 4't8580 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", except that fencing and landscaping, including trees and shrubs, are excluded from this restriction. 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._ Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee,or successor,herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor, shall have sixty(60)days from receipt of such proposal in which to grant approval or disapproval.Failure by Grantee, or successor, to respond in'said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on_ u >ti .2 b �+o (Date). Hofmann Land Development Company,A California Corporation formerly known as Talisman Realty Group,Inc.,a California corporation B '� By. � (Print Nome*ad Title) Pr (Print Name and Titk) �':��Gll�lt� (See attached notary) :MW NpWSItSHAABATA\GapData\EngSvc\i`onm\6E WOWDE-Ldoc Rnwftrv4-0 utna Subdivision: SDO!8580 Restricted Development Area(Creek Structure Setback) E IB 1 "A„ All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels D and E designated as "Restricted Development Area (Creek Structure Setback)", shown on the final map of Subdivision SD 018580, on file at the County Recorder's Office as fellows: Date: Book: Page: TD.mw G,ZrpDat0EngSvcTonns\EXHIBiTS WORDTXMIT-A.doc CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On August 27, 2004, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument. Wl CNESS my hand and official seal Comm.MV6 Vi ADTARY PuaLIC•CALIfORWA COMM Cote Cotmty 4Y Comm.Expires Abreh 9,2DOS •r Signature— - ::::............... Reference: Grant Deed of Development Rights for Subdivision 8580 Date: August 26, 2004 Pages: I ACTION By THF BOARD OF DIRECTORS OF y HOFMAISIN LAND DEVELOPMENT CCWANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present director pf Hofmann Land Development Company, a California corporation, individually and colla ctively consent, by this writing, to tame the follovAng amens, to adopt the following resolution: RESOLVED,the the corporation authorizes A.T. Shaw to execute., in his authorized ,capacity as CE01Peeside nt, any and all docurnitda related to the purchase and sale of teal property,any,and all documents related to the approval of tentative and final subdivision maps, and any and all docume rft re kftd to land improvement agreernwft, such as subdivision agreements, and any and all bond agreements. This consentIse"outed pursuant to section 307,subdivision (b) of the California Corporations Code, which authorizes the taldng of action of the Board of Directors by unanimous wrftteh consent without ei ung. Dated: August 1, 2000 Albert TT. Shaw, D r ennon, Dirac for arrnas A. VhsIon, D Dennis M. Drew, Director Richard L. Greene, Director TO: BOARD OF SUPERVISORS 10 FROM: MA.URICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: Accepting Grant Deed ofDevelo pent Rights Creek Structure Setback,, Subdivision 04-08580. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICAnION RECOMMENDATION(S): ADOPT Resolution No. 2004/5_ for Subdivision 04-08580,accepting grant deed of development rights(creek structure setback), being developed by Hofmann Land Development Company, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08580 has met all applicable conditions of approval regarding creek structure setback. CONSEQUENCES OF NEGATIVE ACTION: Development Rights will not be grant deeded to the County for the creek structure setback. Continued on Attachment:_,,,. SIGNATURE: ® COMMENDATION OF COUNTY.ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE v "PRO'VE TRIER SIGNATURE(S): ACTION OF BO ON OCTOBER 12_ 2 APPROVED AS RECOMMENDED XX 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 XX UNANIMOUS(ABSENT NONE date shown. AYES: NOES. ABSENT: ABSTAIN: ATTESTED: OCTOBER 12, 2004 rj:\GrpDatal,EngSvC%BO12004\10-12-04LSD04.08580 OrderG_doc JOAN SWEETEN,Clerk of the Board of Orig.contact: Frank Works(ES) (31 Supervisors and County Administrator Contact: Frank Navarro {313-2264} � `J cc: Current Planning,Community Development Hofinasn Land Development Company 1380 Galaxy way Concord,CA 94520 First A 1355 n Willow Company By , Deputy 1335 W>;low Way,#ti70 1J Concord,CA 94520