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Home My WebLink AboutMINUTES - 12061994 - 1.19 . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 6, 1994 by the following vote: AYES: Supervisors Bishop, Torlakson and Powers NOES: None ABSENT: Supervisors Smith and Torlakson ABSTAIN: None SUBJECT: Authorizing Acceptance of Instruments. IT IS BY THE BOARD ORDERED that the following instruments are hereby ACCEPTED: TNSTRTTM$j RAFF.RF-Nr- GRANTOR AREA Grant Deed of MS 68-90 Wes &Shirley Tilton Byron Development Rights GAgricultural Conservation MS 68-90 Wes & Shirley Tilton Byron Easement I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Super pl oA the d�q�own. ATTESTED: t 9 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By- j�/�y 5l Vi ,Deputy Contact: Rich Lierly 313-2348 Orig.Dept.:Public Works (ES) cc: Recorder (via Title Co.) then PW Records Director of Community Development Rccordcd at fisc rcqucsl of: • CONIRA CCJS'I`A i OUNl'Y Rciurr�to: ' ,f. PUIII.W WORKS D101 ±'. IsNGINEIRRING SERVICES DIVISION p f/] R RECORDS SECTION J v' Arca: Road: M,a lolwlJ.y .� . Co. Road No. g Projccr: Asacssor s No. 47 —00 AGRICULTURAL CONSERVATION EASEMENT To satisfy Condition No. 5 of the Conditions of Approval for SubdivisionMs 68-90 Wes Tilton and Shirley Tilton ("Owner") hereby grant to the County of Contra Costa ("Grantee"), a political subdivision of the State of California, and any successor in interest, an agricultural conservation easement, as defined below, of a portion of real property ("subject property") known as Subdivisiort s 68-90, situated in the unincorporated area of the County of Contra Costa, State of California, that is more particularly described in Exhibit A, which is incorporated hereby by this reference. This grant of easement shall survive only so long as the subject property is located in the unincorporated portion of said county, after which this easement shall lapse and be of no. further force or effect. Upon request by the owner of the subject property after lapse of this easement, and upon payment of all applicable processing fees, the Grantee shall execute and deliver to the owner a quitclaim deed. "Agricultural conservation easement" is defined as the right to approve or disapprove the location of any proposed non-agricultural structure or improvement on the subject property. This easement shall cover the.entire subject property, except for a maximum of_ 1 acres on parcel(s)A,s,C & D -, which are designated as residential sites for residential structures and structures accessory to residential uses. Such residential sites shall be located in order to maintain-the integrity of the agricultural portion of the subject property. The location of such residential sites described herein may be modified upon approval by the Grantee's Zoning Administrator. In order to obtain the Zoning Administrator's approval of a change in.location of a residential site, the owner of all or any portion of the subject property shalt submit to the Grantee a written proposal describing the nature, extent., and location of such improvement. 7'lle Grantee shall have sixty days from receipt of the proposal in which to grant its approval or disapproval. The Grantee's approval may be subject to conditions. Failure by the Grantee to respond in said time shall be deemed to be an approval of the proposal. Grounds for modifying the location of residential sites shall include without limitation further subdivision, a change in the general plan, and change in zoning district or zoning regulation. Upon approval by the Grantee of a change in the location of residential sites, the Owner shall execute and deliver to the Grantee a new agricultural conservation easement superseding this easement. In the event of disapproval by the Grantee of a proposed residential site, the Owner shall be.precluded from constructing any proposed non- agricultural structure on said residential site. This easement is a form of negative easement that shall run with the land and shall bind the current Owner and its successor(s) in interest, of all or any portion of the subject property. EXHIBIT A LEGAL DESCRIPTION ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS- PORTIONS OF THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 3 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: ALL THAT REAL PROPERTY DESCRIBED IN THE DEED TO WES AND SHIRLEY TILTON RECORDED DECEMBER 22, 1989 IN BOOK 15558 OF OFFICIAL RECORDS AT PAGE 195, EXCEPTING THEREFROM PARCELS ONE, TWO, THREE, AND FOUR DESCRIBED AS FOLLOWS: PARCEL CNE COMMENCING AT THE NORTHEAST CORNER OF SAID TILTON PARCEL (15558 OR 195), SAID POINT BEING ON THE WEST LINE OF THE COUNTY ROAD RUNNING ALONG THE EAST LINE OF SAID SECTION 21, DISTANT THEREON SOUTH 01'05'25" WEST (SAID BEARING ALONG THE WEST LINE OF SAID COUNTY ROAD BEING THE BASIS OF BEARINGS FOR THE PURPOSES OF THIS DESCRIPTION), 200.00 FEET FROM THE EAST-WEST MIDSECTION LINE OF SAID SECTION 21; 'THENCE FROM SAID POINT OF OCMENCEMENT ALONG THE NORTH LINE OF SAID TILTON PARCEL (15558 OR 195) NORTH 89'08'51" WEST, 1197.90 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00'56'54" WEST, 755.93 FEET TO A POINT HEREIN . REFERRED TO AS POINT "A"; THENCE FROM POINT "A" NORTH 89'35'52" WEST, 49.95 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING COURSES; SOUTH 00'24'08" WEST, 205.00 FEET; NORTH 89'35'52" WEST, 210.00 FEET; NORTH 00'24'08" EAST, 205.00 FEET; SOUTH 89'35'52" EAST, 210.00 FEET TO THE POINT OF BEGINNING. PARCEL TWO COMMENCING AT POINT "A" AS DESCRIBED IN PARCEL ONE (ABOVE); THENCE FROM SAID POINT OF COMMENCEMENT NORTH 89'35'52" WEST, 49.95 FEET; THENCE NORTH 00'24'08" EAST, 35.130 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING COURSES; NORTH 89'35'52" WEST, 210.,00 FEET; NORTH 00'24'08" EAST, 205.00 FEET; SOUTH 89'35'52" EAST, 210„00 FEET; SOUTH 00'24'08" WEST, 205.00 FEET TO THE POINT OF BEGINNING. PARCEL THREE 0011ENCING AT POINT "A" AS DESCRIBED IN PARCEL ONE (ABOVE); THENCE FROM SAID POINT OF COMMENCEMENT NORTH 00'24'08" EAST, 70.00 FEET; THENCE SOUTH 89 35'52" EAST, 14.38 FEET; THENCE SOUTH 00'24'08" WEST, 15.00 FEET TO A 20.00 FOOT RADIUS TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90', AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING COURSES; NORTH 00'24'08" EAST, 205.00 FEET; SOUTH 89'35'52" EAST, 210.00 FEET; SOUTH 00'24'08" WEST, 205.00 FEET; NORTH 89'35'52" WEST, 210.00 FEET TO THE POINT OF BEGINNING. PARCEL FOUR OOM ENCING AT POINT "A" AS DESCRIBED IN PARCEL ONE (ABOVE); THENCE FROM SAID POINT OF OOMMENCEMENT SOUTH 89'35'52" EAST, 862.10 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING COURSES SOUTH 89'35'52" EAST, 210.00 FEET; SOUTH 00'24'08" WEST, 205.00 FEET; NORTH 89'35'52" WEST, 210.00 FEET; NORTH 00'24'08" EAST, 205.00 FEET TO THE POINT OF BEGINNING. 12/17/93 `SGE `- AjFOF 0 C I A •- CII V � � r1y�111aj p � � •� � Q. •+aN�� 4.3 tu a a �QOO c� • -J a i . w .j7 p O d : yCpe� y.Z OD �i ' zt-m cc cd m .Cr' ; 2 W cc as °° m �-' � QQ `3 PZ m B 2coCl 0a o E ...� •� "Ct •(a O , pppp W O O a O O O /27 -S .q ai h�'��•:..}.v'K.?��Y,t,,>.,'- '`f`�'c�;£.t',.x��,,.�r�' ��r 1..i-r t S.' w br St�,t`.y..� � � �_ �1 � � i'y.7 .V .G W a 4. 4.3 .� W -•� O O O ^ 04 El �, ta o z€t y�t it a� Co 402 77, A N 43 El d N b ej Rr •m aiO cod ow j cd � z f