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Home My WebLink AboutMINUTES - 07221997 - C5 CONTRA COSTA Co Recorder's Office Recorded at the request of: STEPHM L. WEIR, County Recorder Contra Costa County Return to: Public Works Department DOC - 9 7-0131204-00 FngineeringServices Friday, JUL 25, 1997 11:49:09 FRE $0.00,11, Ttl Pd $0.00 Nbr-0000119271 lrc /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 22, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/400 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 30-89 James A. Lee Clayton Development Rights (Scenic Easement) t hereby C!'.that this is a true and coned 00py of a. BCeeft ffiken and entered on the mIm tas a d10' 6oar0 of Superv;sors on the Cate shown. �trrMTM TiJ17 99, 19_ 97 PHIL BATCHELOR,Cierk of the board of Supervisors and County Adininlaftilor RL:mw _ � G:\ENGSVC\BO\BO7-22.WPD Originator. Public Works(ES) Contact: Rich Lierly(313-2348) cc: Recorder(via Clerk)then PW Records Current Planning Community Development Recorded at the request of: CONTRA COSTA COUNTY Public Works Department Return to: Public Works Department Engineering Services Area: Clayton Road: Leon Way County Road No.: N/A Project: MS 30-89 Assessor's No.: 078-310-033 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet condition number 4G of Minor Subdivision 30-89,we,James A. and Janet C.Lee,(Owners)hereby grant to the County of Contra Costa, a political 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 known as Parcel `A'of Minor Subdivision 30-89 situated in the County of Contra Costa, State of California,and more particularly described in "Exhibit A"and as shown on PLAT MAP "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 areas 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 or subsequent performance of such conditions as Grantee may deem appropriate. The area marked "Scenic Easement" shall be permanently maintained in a natural state, with no grading, structures,facilities,tree-cutting,improvements or other alterations except for a water tank for the purpose of on-site domestic water supply and/or fire suppression and related appurtenances. Adjacent uses, such as the confinement of livestock, which might threaten the natural state of the easement area are not permitted to intrude into the easement area. Proposed alterations to this grant deed of development rights that might be necessary for health and safety or other reasons must be approved by Contra Costa County Planning Agency with at least 30-days prior written notice to Save Mt. Diablo,P.O.Box 5376,Walnut Creek, CA 94596. 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 undersigned executed this instrument on JN Ly 2 M7 q 7 Mate). (in") Q67 4eg, SEE ATTACHED FOR PROPER Ja6is A. Lee CALIFORNIA NOTARY ACKNOWLEDGEMENT 9, csigienue> Jtin et C. Lee (see attached notary) NLznw G:\ENGSVCWE1LVUNE\MS30-99.WPD EXHIBIT "A" All that real property situated in the unincorporated area of Clayton, County of Contra Costa, State of California, described as follows: Portion of Parcel "A" as said parcel is shown on the map entitled "Parcel Map, Subdivision MS 30-89" filed March 25, 1993, Book 161,Parcel Maps, page 43, Contra Costa County Records, described as follows: Beginning at the northeast corner of said Parcel "A" (161 PM 43); thence from said point of beginning along the north line of said Parcel "A"(161 PM 43),North 89" 14' 45"West 35.00 feet; thence South 0'45' 15" West, 40.00 feet; thence South 4746' 44" East, 40.04 feet; thence South 0''45' 15" West, 225.14 feet to the south line of said Parcel "A" (161 PM 43); thence along said south line South 89` 14' 45"East, 269.87 feet to the northeasterly line of said Parcel "A"(161 PM 43); thence along said northeasterly line North 47'46' 44" West, 326.96 feet and North 14' 03' 29" West, 77.72 feet to the point of beginning. � J � • � `ti4 6�•`R � ., C 38 74fpr°S°1 LP ExP / slF�30-�1��``• 9606desc.doc 4/10/97 F O N 00594D 6 2P7.66' <Y \ t\ \ t 1 $ Le 92 ja 05 g� ig iR I � r 76• 1 w 14 14 / t —/ State of Calif-ornia. Countyof.... -:....................... ...,.. ,.:........................................................................ ?,r-a- ,-,)� On.. 2-..,;�...................before me....... J... ..... .................. . ....................... ......... . personally appeared.... . .�-�. �.: personally known t e (or proved on the basis of s I actory evidence) to be the person(s) whose name (s) is/are subscribed in the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ................................. ... ...... ..................... ...... ............................................. Not public in and for said ate. "`°''• S. D. TARKINGTDN Comm.# 1123021 'n 'C NOTARY PUBLIC-CALIFORNIA u, - Contra Costa County :_"'- My Comm. Expires Jan.16,2001 � This document is only a general form which may be proper for use in simple transactions and in no way acts, or is intended to act as a substitute for the advice of an attorney. The printer does not make any warranty, either expressed of implied, as to the legal validity of any provision or the suitability of these forms in any specific transaction. Cowdery's Form No. IOG-ACKNOWLEGEMENT General (Civil Code 1189(a))(Revised 7/1/94)