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HomeMy WebLinkAboutMINUTES - 08132002 - C29 Recorded at the request of: 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 6, 2002 by the following vote: AYES: SUPERVISORS GERBER, UILKEMA, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 46 SUBJECT: Acceptance of Instrument(Grant Deed of Development Rights for Scenic Easement). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Grant Deed of Sub 6844 California Pacific Lafayette II Development Rights Bank (Scenic Easement) I hereby certify that this is a true and correct copy of an action taken RL:cw and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2002\8-06-02\Sub 6844 B0-30.doc shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) ce: Recorder(via Tide Co.)then PW Records ATTESTED: AUGUST 13 , 2002 Current Planning,Cornrtmnity Development Department J(� J SWEETEN,California Pacific sank ,Clerk of the Board of Supervisors and County 601 Montgomery St. Administrator San Francisco,CA 94111 By_ Deputy RESOLUTION NO. 2002! 465 Rewarded at the request of. Contra Costa County Public Works Dcpwt=nt Engineering services Re turn to: Public Works Depa:inrent Records Section Arcs: Lafayette Subdivisions 6844 APN. 166-01"20&025 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet condition of approval number 3 of Subdivision 6844, we, California Pacific Bank, (Owner) 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 Lots 5,6, 8,9, 10, 11, 13, 14, 16, 17, 18, 19 and 20 of Subdivision 6844 situated in the County of Centra 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 wig the areas marked"restricted development area" 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 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. 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 / California Pacific Bank By; Michael R. Jo on, Executive Vice President 13y. � Nakamura,Secretary (See attached notary) of tap t; pc .ra ys<t a000wottsua sane ora sac Subdivision 6844 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Lots 5, 6, 8, 9, 10, 11, 13, 14, 16, 17, 18, 19 and 220 designated as Scenic Easement as shown on the final map of Subdivision 6844, on file at the County Recorder's Office as follows: Date: Book: Page: Mlap G:\GrpData\EngSva\DeaLtQOOO\Dc=ber\SUB 6844 DE>F.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of jl OPTIONAL SECTION County of _j 'l :t`i`_f 81ti __ CAPACPI'Y CLAIMED BY SIGNER On 2a-2 i.�before me, t�,i At ) tt2r ' `�% i + �' i V9[j Though statute does not require the Notary to fill DATE 99 NAME ITLE OF OFFICER E.G.,"IANC=,: E,NOTARY PUBLIC" in the data below,doing so may prove invaluable personally appeared 't t r + " to persons relying on the document. p y __z e l�V,,i� y. i Y _A NA S)OF SIGNER($ ❑ INDIVIDUAL personally known to me-OR-C provided to me on the basis of satisfactory evidence to E CORPORATE OFFICER(S) be the person(s)whose name(s)4e/are TITLE(s) subscribed to the within instrument and acknowledged to me that hekhe/they executed C PARTNER(S) C LIMITED W 1 Y1 0� the same in hiker/their authorized C GENERAL capacity(ies),and that by hisA w their G ATTORNEY-IN-FACT Comm.#12444 16 signatures)on the instrument the person(s)or C TRUSTEE(S) NOTARY PUBLIC-CALIFORNIA UI the entity upon behalf of which the person(s) City;End County o€San Frantisto" acted,executed the instrument. 0 OTHER: NICONSERVATOR My Comm.Expires Dec.3,2043 i 1r ❑ OTHER: WFC NESS my hard and official /seal, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTrrY(IES)) SIGNATURE OF NOTARY C acknowledged to me that such corporation executed the wit.m instrument pursuant to its by-laws or a resolution of its Board of Directors." OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -'The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNTAIJ=S FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority sign for an in the artnership. IV. SIGNATURES FQ4 CQR.PQR ATIONS, Documents should a signed y two officers,one from each of the following two groups: GROUT' 1. (a)The Chair of the Board (b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person siggning the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will sufT-ice. Notarization of only one corporate signature or signatures from only one group,must contain the fallowing phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." IC:kw Rev.May 3,109