HomeMy WebLinkAboutRESOLUTIONS - 09112001 - 2001-408 e
Recorded at the request of-
Conti a
f-Contra Costa County
Public Works Department
Engineering Services Division
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Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 11, 2001 by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 2001/ 408
SUBJECT: Authorize Acceptance of Grant Deed of Development Rights(Scenic Easements)for
Subdivision MS 51-90 being developed by Frank E. Wetzel and Mary Jane Wetzel,
Brentwood area.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED:
INSTRUMENT RFFERENCE GRANTOR AREA
Grant Deed of MS 51-90 Frank E. Wetzel Brentwood
Development Rights and Mary Jane Wetzel
(Scenic Easements)
1 hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: September 11, 2001
CL:1ap:gpp JOHN SWEETEN, Clerk of the Board of Supervisors and
G:\GipDam\EnSSvc\130\2001\30 9-1 1-01.doc
Originator: Public Works(ES)
County Administrator
Contact:Rich Lierly(313-2348)
cc: Recorder(via"rifle Company)then PW Records
CnITCIII Plauuing,Conununity Devclopnicnt
By A4� , Deputy
RESOLUTION NO. 2001/ 408
Recorded at the request of:
CONTRA COSTA COUNTY
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Records Section
Area: Marsh Creek
Road: Deer Valley Road
County Road No. : 7341
Project: M.S. 51-90
Assessor' s No. : 007-090-018
GRANT DEED OF DEVELOPMENT RIGHTS
To meet condition number 4 of Subdivision number MS 51-90, I, Frank E.
Wetzel and Mary Jane Wetzel (owner) hereby grant to the County of Contra
Costa, a governmental 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 Parcels A,
B, C, D of Subdivision number MS 51-90 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 approve or
disapprove of any proposed construction, development or improvement (except
the erection of agricultural related buildings or structures anywhere on the
site, subject to zoning related setbacks) within the areas marked "restricted
development area. " The "development rights are and shall be a form of nega-
tive easement which shall run with the said property and shall bind the cur-
rent 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 of 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.
(Owner) ,
(Owner)
State of
County of
On �� before me, led personally
appeared Fra k E. Wetzel amd 11 @mmnffn=apb k9mel, 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 acknowledged to me that
he/she/they executed the same in hie/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 doeal
h ) acted, executed the instrument.
WITNESS my. and an officg �a1)Si nature '�
1 Notary public it and for the oun y of Contra Costa, State of California
Rosamond Johnson
Comm.053264
'NOTARY PUBLIC CALIFORNIA
/^ CONTRA COSTA COUNTY 0
,F s, My Comm.Expires Jan 20.1996A
1 • •
MS 51-90
(Scenic Easements)
EXHIBIT "A"
All that real property situated in the County of Contra Costa,State of California,described as
follows:
A portion of Parcels A,B, C, and D designated as"Restricted Development Area (Scenic
Easements)", shown on the parcel map of Subdivision MS 51-90, on file at the County Recorder's
Office as follows:
Date:
Book:
Page:
1D:mw
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Rev�Agji sW30,1999