A Grant Deed of Development Rights, recorded September 3, 1998, as Instrument No. 98-0212648-00 – a negative easement – encumbers Assessor’s Parcel Nos. 072-510-001, -002, -003 and -004 (Parcels 1, 2, 3, and 4, respectively), as well as Assessor’s Parcel Numbers 072-510-005, -006, -007, and -008 (Parcels 5, 6, 7, and 8, respectively), which are located on Golf Course Road, in Antioch. The Grant Deed of Development Rights was recorded to secure the future payment of Drainage Area 55 fees, which are paid when property is developed.   
  
On February 4, 2010, the Drainage Area 55 fee obligation in the amount of $64,608.00 was paid for Parcels 1 & 2, and on August 12, 2015, the Drainage Area fee obligation of $32,402.00 was paid for Parcels 3 & 4. Therefore, the condition required to vacate the Grant Deed of Development Rights as to Parcels 1, 2, 3, and 4 has been satisfied, and the encumbrance, as it pertains to these parcels, is no longer required for public use. For this reason, District staff recommend that the Board approve the vacation of the Grant Deed of Development Rights only as to Parcels 1, 2, 3, and 4. The Grant Deed of Development Rights will continue to encumber each of Parcels 5, 6, 7, and 8 until the Drainage Area 55 fee obligation is satisfied for each parcel.

Parcels 1, 2, 3 and 4 as shown on Parcel Map MS 357-301-09 (Book 205 Parcel Map page 4 & 5) would retain the encumbrance of the Grant Deed of Development Rights even though the condition for vacating that encumbrance has been satisfied.