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Home My WebLink AboutRESOLUTIONS - 05102004 - 2004-584 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 2, 2044 by the following vete: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE >.RESOLUTION NO. 2004/ 584 SLT13JECT: Approving Quitclaim Deed, Subdivision 93-47737, Bay Point area. (District V) The Public Works Director having reported that on July 20, 1994,the Board accepted a Grant Deed of Development Rights from Kaufman and Broad of Northern California, Inc. (owner), as a requirement for Development Number Subdivision 92-07737. On the recommendation of the Public Works Director,IT IS BY THE BOARD RESOLVED that the Chair, Board of Supervisors is AUTHORIZED to execute the Quitclaim Deed of Development Rights to"Kaufman and Broad of Northern California,Inc." The development rights were accepted for a temporary detention basin as a condition of approval. The basin is no longer necessary, therefore the Grant Deed of Development Rights is no longer required. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. AM:nn G:\GrpData\EngSvc\B0\2004\11-02-04\SD 92-07737 130-25.doc Coa Originator:Public Works (31 ATTESTED: NOVEMBER 02 2004 Contact: Frank Navarro(313-2264) Recording to be completed by COB JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Current Plaranng,Community Development Kaufman and Broad County Administrator 10990 Wilshire Blvd.,7"Floor Los Angeles,CA 90024 By - , Deputy RESOLUTION NO.20041_594 Recorded at the request of: � ��i� � 11t11�lllllllttlll Contra Costa County ` 11111 { CCl~�81" BoardorSupervisors office Return to: 4V � � 'i()014-164224 W �ly +`e,'°j[� 1iJ Recd`der 0 � ��4 tti it i Public Works Department Gr` 'i() ,4-164224 72 Eng;ineerine Services Division e3 rsoy 03, is Area: Bay Point Subdivision: 92-97737 � � APN: 099-192-064 to 075,104 to 106,and 127 to 129 QUITCLAIM DEED OF DEVELOPMENT RIGHTS For valuable consideration,receipt of which is hereby acknowledged, the County of Contra Costa, a political subdivision of the State of California, hereby remises, releases and forever quitclaims to Kaufinan and Broad of Northern California, Inc., all of its right, title and interest in the real property, specifically "development rights", as defined in the deed to the County of Contra Costa,recorded July 20, 1994, Recorder's Serial No. 94-185298, Contra Costa County Records, State of California; over those certain parcels of land, situated in Contra Costa County, being a portion of Lots 64-75, 104- 106 and 127-129, of Subdivision 92-07737, filed July 20, 1994, Recorder's Serial No. 94-185297, Contra Costa County Records, State of California, described more particularly in Exhibit "A," attached hereto and made a part hereof. No transfer tax due. This is a quitclaim of development rights only. County of Contra Costa, State of California By: Ch ir, Board of Supervisors Attest: NOVEMBER 02, 2004 John Sweeten, Clerk of the Board of Supervisors and County Administrator By. (See allached n olarv) G <3}iat01 ng;' .�.�[elinn 7 717 DE-?I 1 : .1 doc \1 mi ' I 1 1 y Recorded at the request of: CONTRA COSTA COUNTY Public Works Department Engineering Services Division RErR7 AT REQUEST.,Q Return to: f Public Works Department 1 Records Section UL 2 0 1994 Area: Bay Point AT /� O'CLCICK � A& Drainage Area: 48C CONTRA COSTA COUNTY RECORDS Project: Subdivision 7737 STEPHEN L WER Assessor' s No. : 0 - 1 -033 coUNTY ORDER --94 FEE $ GRANT DEED OF DEVELOPMENT RIGHTS To meet the drainage requirements in the conditions of approval for Subdivision 7737, Kaufman and Broad of Northern California, Inc. , (owner) hereby grant (s) to the County of Contra Costa, a governmental subdivision of the State of California, Grantee, and its governmental successor or successors, the future "development rights, " as defined herein below over a portion of that real property situated in the County of Contra Costa, State of California, and more particularly described in Exhibit "A", and as shown on Exhibit "B" "Development rights" are defined to -mean and refer to the right to approve or disapprove of any proposed construction, development or improvement, within the area marked "restricted development area. " The "development rights" are and shall be a form of negative easement 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 to subsequent performance of such conditions as Grantee 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 its successor herein shall submit to such entity a written proposal describing the nature, extent, and location of such improvement. Grantee or its successor shall have sixty (60) days from receipt of such proposal in which to grant its approval or disapproval . Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval of such proposal . The grant deed of development rights are taken to ensure that . a detention basin can be constructed to mitigate the drainage impacts from the subdivision. As of the filing of the map for subdivision 7737, the County is working with the Navy to acquire the land rights necessary to construct a regional detention basin for Drainage Area 48C. Subdivision 7737 is within Drainage Area 48 C and will drain into the regional 'detention basin proposed by the County. When the regional detention basin is constructed, Subdivision 7737 will drain into it and their drainage requirements of the subdivision conditions of approval will be satisfied. If, however, the County is unable to acquire the land rights for the regional basin anchor cannot construct the regional detention basin, then Subdivision 7737 will have to construct a local detention basin within the subdivision over those lots for which the development rights have been granted. The County will grant ; r the development rights back to the property owner when the regional detention basin proposed by the County has been constructed. Kaufman nd Broad of No thern California (Owner) By: Its :, B (This area for official notary flags . All signatures to be as they appear on deed of title and must be notarized. The names and titles of the people signing the document should be listed on the notary flag. ) DE\Sub7737 .t6 �pARCEL SCALES 1"=1001 66 67 \ / w ?0 P rfr 10. r� " J r 68 Lu W v 64 O0, 69 / JILL AV r`, JILL AVENUE C-) 1 e W /t > tr 72 127 128 129 13 _ .J 106 105 104 73 v e 0 BUIRDI C K DR _ 75 � I— A- A- PLAT TO ACCOMPANY LEGAL DESCRIPTION LOTS DISPLACED BY DETENTION POND CONTRA COSTA COUNTY, CALIFORNIA JUNE 1994 Carlson, Barbee Gibson, Inc. , -,yid/ CIVIL ENGINEERS+ SURVEYORS• PLANNERS 2000 CROW CANYON PLACE, SUITE 250 TEL (510) 666-0322 SAN RAMON,CA 94583 FAX (510) 866-8575 l5 i 7r~7_hit JUNE 21, 1994 JOB NO. : 91267-00 to LEGAL DESCRIPTION LOT DISPLACED BY DETENTION POND REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING ALL OF LOTS 64 THROUGH 75, 104 THROUGH 106, AND 127 THROUGH 129, AS SAID LOTS ARE SHOWN AND SO DESIGNATED ON THE OFFICIWfl OF SUBDIVISION 7737 , RECORDED 0Q4 IN BOOKd SQ Cl OF MAPS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY. END OF DESCRIPTION M CHAEL P. BARBEE � + L.S. 5077 EXPIRES: JUNE 30, 1995 TO: BOARD OF SUPERVISORS ,tJ FROM: MAURICE M. SHILT, PUBLIC WORKS DIRECTOR DATE: November 2, 2004 SUBJECT: Approving Quitclaim Decd, Subdivision 92-47737. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS): ADOPT Resolution No. 2004/ X84 for Subdivision 92-07737, approving Quitclaim Deed,being developed by Kaufman and Broad of Northern California, Inc., Bay Point area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONS}: The County accepted the Grant Deed of Development Rights for the lots as a location for a temporary detention basin during construction. The drainage improvements have been completed, therefore the Grant Deed of Development Rights is no longer required. CONSEQUENCES OF NEGATIVE ACTION: The County will retain development rights over the property. Continued on Attachment: SIGNATURE: ' c--RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,-APPROVE OTHER Z SIGNATURES ACTION OF BO ON }VMMMFR 09 2004 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. XX UNANIMOUS{ABSENT NONE } AYES: NOES: ABSENT: ABSTAIN: ATTESTED: NOVEMBER 02, 2004 JOHN SWEETEN, Clerk of the Board of G.\GrpDatalFngSvc\BO12004\t 1-02-04\SD 92-07737 Drder.dec orfg.Div: Pubic Works(ES) Supervisors and County Administrator Contact: Frank Navarro(313-2264) cc: Con ent Planning,Community Developtnert Kaufman and Broad 10990 Wilshire Blvd-,7' Floor Los Angeles,CA 90024 By J , Deputy