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Home My WebLink AboutMINUTES - 10211997 - C4 c � Recorded at the request of: Contra Costa County Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 21, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed Subdivision 7206 The Ralph E. Kerley Walnut Creek of Development and Theresa A. Kerley Rights Revocable Living Trust Dated July 8, 1993 !(rereby certNY that this Is a true and correct copy of !n action taken end entered on the minutes of the Board of Supervisors on the date shown. ATTESTED.—Or t-QbPr 91. 1997 PHIL BATCHELOR,Cierk of the board �of/Supervisors and County Administrator Mpe viiia p py. G:\ENGSVC\BO\bo21-10.wpd Originator. Public Works(ES) Contact: Rich Uerly(313-2348) cc: Recorder(via Title Company)then Cleric of the Board Current Planning,Community Development Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Records Section Area: Walnut Creek Project: Subdivision 7206 Assessor's No.: 140-200-001 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet condition number 4 of Subdivision 7206 conditions of approval,the Ralph E.Kerley and Theresa A. Kerley revocable Living Trust, dated July 8, 1993, (Owner) hereby grants 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 4 and 8 of Subdivision 7206 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. The undersigned executed this instrument on �' as -97 The Ralph E. Kerley and Theresa A. Kerley revocable Living Trust, dated July 8, 1993 Ralp E. Kerley, Trustee J � Theresa�AYerley, Trustee (see attached notary) JDinw G:\ENGSVC\JOSEPH\SEPTEMBR\SD7206.WPD RE: Subdivision 7206 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Lots 4 and 8 designated as Scenic Easement, "Restricted Development Area" as shown on the map of Subdivision 7206 on file at the County Recorder's Office as follows: Date: Book: Page: JD:mw G:\ENGSVC\JOSEPH\SEPMaR\SD7206.WPD CALIFORNIA ALL-PUR/POSE ACKI.ED NOWGL :NT 1 State of (�)_Zj T 01' OPTIONALSECTION / County of ( /) 1,�� /� `� j� CAPACITY CLAIMED BY SIGNER - On ± %'- %�efore me T1wa9h datute does not roquire the Notary to t on o ea.- TIN to the data blow.doing w may Prove in- i vaivab(e to Persons MYing on the document. i personalty appeared / _ - / WNOMDUAL _ CORPORATE OFFICER(S) i O personally known to me-OR-�tirded to me on the basis of satislactofy _ evidence to be the person(s)whose name(s)Ware subscribed to the within ktstrument and O PARTNER(s) O umrTED i admow(edged to me that hefshe/they O GENERAL '�— �- executed the same in His/her/their 13 ATTORNEY-INfACT ' Or Patr€cia A. Dykes authorized capadty(ies),and that by 13- USTEE(S) () .F Corm.-1070188 ^ his/herAheirsignatures)on the CALIFORNIAN/ instrument the persons)or the entity E3 OTHER:WlCONSERVATOR ,AN,,COUNTY O OTt(ER: ars✓ COT'12.Exp.Aug.24.1998 C upon behalf of which the persons) acted,executed the instrument "ESS my hand and /' SIGNER IS REPRESENTING, IM EOP PUMOMM o4 e4T YQM OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED _ TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE {��rNwi••A/bMrya•�w wl,inpww• � pwwl�deMOr-wt��dYr[ - •••fd•w•R•(MIs bw 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. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printedEB NEATH the signature. The name must be signed exactly as it is typed or printed. If. SIGNATURES FOR INDMDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. of. Sia GNATUBES FOR PRSHIPS-Signing party must be erYtt er a general partner or be authorized in writing to have the authority to sign tor and bind the partnership. M SIGNATURES FOR CORPORATIONS lJocuments.shouldsigned by two otlicers,one from each of the following two groups: GROUP 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 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.