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HomeMy WebLinkAboutMINUTES - 02281995 - 1.15 .i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 28, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None 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 67-90 Patricia A. Morrison Pleasant Hill Development Rights I 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: February 28, 1995 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By .Deputy Contact: Rich Lierly 3.13-2348 Originator: Public Works (ES) cc: Recorder(via Title Company)then PW Records Director of Community Development RL:cl:mw BO:28.t2 Reooraed at the request of 1 , ' CONTRA COSTA COUNTY Public Works Departnmd Engineering Services Division Return to: Public Works Department Records Section Area: Pleasant Hill Road: Pleasant Hill Road County Road No.: 3651A Project: MS 67-90 Assessoes No.: 169-031-003 GRANT DEED OF DEVELOPMENT RIGHTS In exchange for the postponement of compliance with condition of approval number 4A5 ("Conveying all storm waters...")of Subdivision MS 67-90 and under the provisions of Title 9 of the County Ordinance Code, Section 94- 4.408, "Deferral of drainage facilities", L Patricia A Morrison 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 B of Subdivision MS 67-90 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 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. 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. Grantee or its successor will quitclaim these development rights back to owner or future owner when compliance with Title 9 of the County Ordinance Code, Section 914-2.004, "Offsite collect and convey requirements", as required by condition of approval 4A5 ("Conveying all storm waters ...") of Subdivision MS 67-90, and as shown on the improvement plan for Subdivision MS 67-90, on file with the County Public Works Department, is guaranteed or constructed. Patricia A. Mo 'son(owner) (see attached notary) JD:mw g:\engsvc\work\u>s67-90.de 1 EXHIBIT "A" ES-Subdivision MS 67-90 All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcel B as shown on Subdivision MS 67-90 as recorded on in Book of Parcel Maps, page , on file at the County Recorder's Office. .R. • _ .-- .r �IrJ- State of r-r) /,CL- County GLCounty of 4 I On 2- I(9 9<before me 2, h/'/ e-r C4-i� GATE NAME.TRLE OF OFRCER-E.G,"JANE DOE,RoTARY ItOW personally appeared �0Q,fY I C/ CL /9'• d rr/ 5d h NAME(S)SIONER(S) In the capacity as d INOMDUAL.GENERAL PARTNER.CORPORATE OFFICER-E.G..WE PRESIDENT ❑ personally known to me -OR- roved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to 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 ❑He/She/They also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. JENNIFER QUIGLEY WITNESS my hand and official seal, COMM. No. 983561 V NOTARY PUBLIC-CALIFORNIA > CONTRA COSTA COUNTY D My Commission Expires Feb. 8, 1997 Sidhattire f SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR.INDIVIDUALS FOR.INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. 111. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (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 signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws&a resolution of its Board of Directors." g:tengsvc\worklnotAry2.new