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Home My WebLink AboutMINUTES - 08132002 - C24 �. : Recorded at the request oft Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 13, 2002, by the following vote: AYES: SUPERVISORS GERBER., UILKEMA, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 488 SUBJECT: Acceptance of Instrument for Grant Deed of Development Rights(Scenic Easement)for Subdivision 7410, being developed by Old Oak Land Company, L.L.C., Pleasant Hill area. (District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of SD7410 The Andrew F. Ariey Pleasant Hill II Development Rights and Agnes R. Ariey (Scenic Easement) Trust and Philip Barton and Patricia Ariey Barton I hereby certify that this is a true and correct copy of an action JH:cw taken and entered on the minutes of the Board of Supervisors G:\GrpData\EngSvc\BO\200218-13-02\SL'B 7410 BO-27 SE.doc on the date Shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Recorder(via Title Company)then PW Records ATTESTED: AUGUSI 13,s 2002 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and The Andrew F.Ariey and Agnes R.Ariey Trust County Administrator and Philip Barton and Patricia Ariey Barton 1991 Reliez Valley Road Lafayette,CA 94549 Old flak Land Company,L.L.C. v 2717 North Main Street,Suite#6 BY: , DEPUTY Walnut Creek,CA 94596 ATT:Jim Wood RESOLUTION NO.2002/_ 488 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Pleasant Hill Subdivision; 7410 APN: 167010-009 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet condition of approval number 5, of Subdivision 7410, we, ANDREW F. ARIEY AND AGNES R. ARIEY, TRUSTEES, ANDREW F. ARIEY AND AGNES R. ARIEY TRUST, PHIL)UP BARTON, AND PATRICIA ARIEY BARTON,(Owners)hereby grant to the County of Contra Costa,a political subdivision of the State of California(Grantee)and governmental successor or successors of said county,the future development rights,as defined herein below, over a portion of that real property known as lot 7 of Subdivision 7410,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 approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area" (Scenic Easement). This area shall be maintained in its natural condition. No tree removal is permitted in the area except for a safety hazard as reviewed with a tree removal permit. Any fencing within this area shall be limited to"6 X 6" wire mesh,no more than 4 feet high.In the event of a disapproval of proposed construction by Grantee or successor, said proposed construction shall not be performed. Grantee, or successor, may condition the approval of any proposed construction upon pricer or subsequent performance of such conditions as Grantee,or successor,may deem appropriate. The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property. Any Owner or Owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee,or successor,herein shall submit to the Zoning Administrator,for approval,a written proposal describing the nature,extent and location of such improvement. The undersigned executed this instrument on (mate). Andrew F.Ariey and Agnes R.Ariey,Trustees,Andrew F.Ariey and Agnes R. Ariey Trust and Philip Barton and Patricia Ariey Barton, Husband and Wife as Community Property (Signature) +"F 1,+. . Lid Andrew F. Ariey, trustee -' (Signature) tpoB ° .. rey, trLiSt. x{Big:tatare} n, owner J{/ (Signature) � -- —��` L Patricia Ariey Barto ner (See attached notary) G:1GrpDatalE;gScJargaY204?Vt4archlSub 7410(Scenic Easement)DE-i.doc Subdivision 7410 (Scenic Easement) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Lot 7 designated as "Restricted Development Area — Grant Deed of Development Rights"Scenic Easement, shown on the final map of Subdivision 7410,on file at the County Recorder's Office as follows: Date: Book: Page: JH:cw G:\Grp,Data\EngSvc\7orge\2002\Marcb\Sub 7410(Scenic Easement)EXHIBIT-A.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5967 State of CALIFORNIA County of CONTRA COSTA On JULY 19, 2002 before me, A.J.BOOTH, NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC' personally appeared ANDREW F.ARIEY AND AWS R ARIEY AND PB LIPAR nT N Aim- , PATR.ICIA ARTEY BARTON NAME(S)OF SIGNER(S) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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)' A. J. 13001- or the entity upon behalf of which the ar�PPURIC-CAL19l2N!A person(s) acted, execrated the instrument. CONTRA COSTA COU NTY a COMM EXP. I'"JE 24,200,6 71 _4� WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below i5 not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (l INDIVIDUAL CORPORATE OFFICER GRANT DEED OF DEMDEJUM R`rMIR TITLE OR TYPE OF DOCUMENT TME(8) I� PARTNER(S) C LIMITED D GENERAL CD ATTORNEY-IN-FACT NUMBER OF PAGES TRUST;E(5) GUARDIAN/CONSERVATOR C7 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EWrrY(IES) SIGNER(5) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.U.Box 7184-Canoga Park,CA 91309-7184