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HomeMy WebLinkAboutMINUTES - 09101996 - C12 Recorded at the request of: p .� Contra Costa County v Return to: Public Works Department Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on September 10, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 96/396 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of MS 94-90 McClung Trust Alamo Development Rights (Street Lights) 1 80Wy ew AM!tU M a:Cd aonaet v of Boo d d Q�Mw as so Oft eai r1A. ,per xmvm 10, 6 av°I► RL:mw g:\engsve\bo\bolO.t9 Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Recorder(via Title Co.)then PW Records*then Clerk of the Board Director of Community Development Recorded at the request of: CONTRA COSTA COUNTY Public Works Department Engineering Services Division Return to: Public Works Department Records Section Area: Alamo Road: LivoMg Road County Road No.: 4234A Project: MS 94-90 Assessor's No.: 187-442-003 GRANT DEED OF DEVELOPMENT RIGHTS (Street Lights) To comply with condition of approval number 4.A.1 of Minor Subdivision MS 94-90, Jeffrey Edward McClung and Carolyn Jean McClung, Trustees 'of the McClung Trust under Trust Agreement dated November 1. 1993 (owner) hereby grants to the County of Contra Costa, a political subdivision of the State of California, (County), and its governmental successor or successors, the future "development rights" as defined herein below/over all of that real property known as "Parcels A. B & C" of Minor Subdivision MS 94-90 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 disapprove of any proposed construction, development or improvement on the entire property. 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. No final inspection of any Building Permit will be approved on said property by County until improvements as described in Exhibit B are constructed or their construction assured by Owner. County or its successor will condition approval of any proposed Building Permit upon completion of improvements described in Exhibit B. Upon satisfactory completion of the improvements described Exhibit B, County or its successor will quitclaim this Grant Deed of Development Rights to the Owner. IN WITNESS WHEREOF, these presents have executed this instrument this day of ( I �ft P- 199.L. McClung Trust Jeff E. cClund(Trustee) Carol J. Mc lung (Trustee) SEE ATTACHED NOTARY CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of '�� P,11(G� OPTIONAL SECTION County of '(^(� CAPACITY CLAIMED BY SIGNER On__Wbefore me Though statute does not require the Notary to LE OF OFFICER fill in the date below, doing so may prove DATE NAME &&(�, invaluable to persons relying on the document. _,en4DIVIDUAL E.G., "JANE DOE, NOTARY PUBLIC _CORPORATE OFFICES(S) personally appeare o � NAMES SIGNER(S) rnG Cn'g TITLES) _personally known to me - OR - —PARTNER(S) —LIMITED —GENERAL _Provided to me on the basis of satisfactory evidence to —ATTORNEY-IN-FACT the person(s) whose names) is/are subscribed to the within —TRUSTEES) instrument and acknowledged to me that he/she/they executed —GUARDIAN/CONSERVATOR the same in his/her/their authorized capacity(ies), and that by —OTHER. his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) WITNESS my hand and official seal, SIGNATURE OZ119TARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT TO THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the date requested here is not required by law, it could be prevented fraudulent reattachment of this form. SIGNERS) OTHER THAN NAMED ABOVE (Notary seal) Notary public in and for the County of Contra Costa, State of California CATHY WHITE s My Commission Expires: COW.M. 1057147 NOTARY PL'I LIC-CALIFORNIA COIJTRACOSTA CO-1 ^+ " G;iy Comm. Expires June 12. 1999 EXHIBIT "A" ES -Minor Subdivision 94-90 All that real property situated in the County of Contra Costa, State of California, described as follows: ' All of Parcels A, B & C as shown on Minor Subdivision 94-90 as recorded on in Book of Parcel Maps, page , on file at the County Recorder's Office. Jn:mvrsd g:lengsvcyms h\94-90exa.0 I May 30, 1996 Job No. 9135-00 Exhibit "B" ES - Minor Subdivision 94-90 IMPROVEMENTS Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-referenced development are located along Livorna Road for Parcels A, B & C, as described in Exhibit "A". 1. Install necessary street lights. The final number and location of the lights will be determined by the County Public Works Department. 2. Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. 3. Prior to issuance of the first building permit and prior to construction of improvements listed in 1 above, submit improvement plans to the Public Works Department, Engineering Services Division for review, pay an inspection and plan review fee and applicable lighting fee and warrant work for one year. The County will issue an encroachment permit for the work in the public right of way. 4. The construction of the above described improvements shall be completed and accepted prior to final inspection of any Building Permit. - 5. The County will quitclaim development rights to owner when owner has included construction of above described improvements with their building permit.