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Home My WebLink AboutMINUTES - 09151992 - 1.11 Al C � 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 x. NOES: None k ti. ABSENT: None 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 tnat this is h true ano ;or!eci cupy a• an action taken and entered on the minutes of the Board of Supervisor on t dalr. shown. . ATTESTED: PHIL BATbNCLOii,C,ur rd 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 MM:wg BO15.t9 I. 7t• 11,1 eeal the regwU of: CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION Area: �IA+QSH CRsEk Road: DEER L/Ei�J Co.Road No -7 41 Pte: Oft1l_SMA JA(, 127-70 Assessor's No. 60-T-030-OS! x AGRICULTURAL CONSERVATION EASEMENT To satisfy Condition No. 2 of the Conditions of Approval for Subdivision 4 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_ 1 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: Mervyn R. in erald C. Jac man Co-Trustee Mary M. Ddartori Merlyn fl. Jack nn Co-Trustee f. STATE OF CALIFORNIA ) SS COUNTY OF ) z F i On this �_ day of T4t4-Y , 19,9g, 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 OFFICIAL SEAL mA)c , State of California JAMES J. BENANE Notary Public-CaliforNa MARIN COUNN My Commission Expires: I My Commission Exoss Apra 9. 1995 BA:sj DE1127-90.t12 • i EXHIBIT "A" ES-Subdivision MS 127-90 V 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. BA.Si adelU127-90.t12 _ - I i