HomeMy WebLinkAboutMINUTES - 09151992 - 1.11 (2) Al
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 15, 1992 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
t ABSTAIN: None
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby
ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Agricultural Subdivision MS 127-90 Jerald C. Jackman and Brentwood
Conservation Easement Merlyn H. Jackman, Co-
Trustees, Mary M. Marton,
Mervyn R. Stein
I hereby certify that this is & true ano correct copy j'
an action taken and entered on the minutes of the
Hoard of Supervisor on ft datr. shown.
ATTESTED: /s-
PHIL BATC .LON,C,er;of the 3card
of Supervisors and County Administrator
By . " ,oeputy
Originator: Public Works (ES)
cc: Recorder (via Title Co.), PW Records, then Clerk of the Board
Director of Community Development
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Recordcd at the rrquw of:
CONTRA COSTA COUNTY
Return to: PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION
RECORDS SECTION
Ama: ASH A66
Road: DEEK ilALL6Y VJAn
Co.Road No7341
Project: 9A0 ui S roA ,41 C 1 —QCT
Aucum's No. _W-7__030-OS 1
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AGRICULTURAL CONSERVATION EASEMENT
To satisfy Condition No. 2 of the Conditions of Approval for Subdivision
MS 127-90 MERVYN R. STEIN and MARY M. MARTORI, husband and wife, as
community property, and JERALD C. JACKMAN and MERLYN H. JACKMAN, CO-
TRUSTEES of the JERALD C. JACKMAN FAMILY INTER VIVOS REVOCABLE TRUST,
("Owner") hereby grant to the County of Contra Costa ("Grantee"), a political
subdivision of the State of California, and any successor in interest, an agricultural
conservation easement, as defined below, of a portion of real property ("subject
property") known as Subdivision MS 127-90, situated in the unincorporated area of
the County of Contra Costa, State of California, that is more particularly described in
Exhibit A, which is incorporated hereby by this reference. This grant of easement
shall survive only so long as the subject property is located in the unincorporated
portion of said county, after which this easement automatically shall lapse and be of
no further force or effect.
'Agricultural conservation easement" is defined as the right to approve or disapprove
the location of any proposed non-agricultural structure or improvement on the subject
property. This easement shall cover the entire subject property, except for a maximum of_
I acres on parcel(s) A,B ,C&D , which are designated as residential sites for residential
structures and structures accessory to residential uses. Such residential sites shall be located
in order to maintain the integrity of the agricultural portion of the subject property. The
location of such residential sites described herein may be modified upon approval by the
Grantee's Zoning Administrator. In order to obtain the Zoning Administrator's approval of a
change in location of a residential site, the owner of all or any portion of the subject property
shall submit to the Grantee a written proposal describing the nature, extent, and location of
such improvement. The Grantee shall have sixty days from receipt of the proposal in which
to grant its approval or disapproval. The Grantee's approval may be subject to conditions.
Failure by the Grantee to respond in said time shall be deemed to be an approval of the
proposal. Grounds for modifying the location of residential sites shall include, without
limitation, further subdivision, a change in the general plan, and change in zoning district or
zoning regulation. Upon approval by the Grantee of a change in the location of residential
sites, the Owner shall execute and deliver to the Grantee a new agricultural conservation
- easement superseding this easement. In the event of disapproval by the Grantee of a
proposed residential site, the Owner shall be precluded from constructing any proposed non-
agricultural structure on said residential site.
This easement is a form of negative easement that shall run with the land and shall
bind the current Owner and its successor(s) in interest, of all or any portion of the subject
property.
Jerald C. Jackman Family Inter
Vivos Revocable Trust:
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Mervyn R. Shin erald C. Jac an Co-Trustee
Mary M Martori Merlynf I. Jack an Co-Trustee
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1' STATE OF CALIFORNIA )
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COUNTY OF )
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On this �_ day of S'u-l_Y . 199a before me, the undersigned, a Notary
Public in and for said County and State, personally appeared MERVYN R. STEIN and
MARY M. MARTORI, JERALD C. JACKMAN (Co-Trustee) and MERLYN H.
JACKMAN (Co- Trustee) of the JERALD C. JACKMAN FAMILY INTER VIVOS
REVOCABLE TRUST, known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
(Notary seal)
otary blic in and for the County of
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OFFICIAL SEAL
ml if/ , State of California
JAMES J. BENANE
Notary Public-cavorr�ia
:,;; MARIN COUNTY My Commission Expires. / /, 199U
My commission Expires
Apr9 9. 1995
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EXHIBIT "A"
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ES-Subdivision MS 127-90
All that real property situated in the County of Contra Costa, State
of California, described as follows:
All of Parcels A, B, C and D except for a maximum of 1 acre on
each parcel to be designated for residential and residentially related accessory
structures as shown on Subdivision MS 127-90 as recorded on
in Book of Parcel Maps, page , on file at the County
Recorder's Office.
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