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Home My WebLink AboutMINUTES - 11062001 - C.15 4 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 November 6, 2001, by the following vote: AYES: Supervisors Gioia , Gerber , DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001 535 SUBJECT: Authorize Acceptance of Grant Deed of Development Rights (Agricultural Conservation Easement) for Subdivision MS 72-90, granted by Olesen Trust and Duke Trust, Clayton area(District IV). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Subdivision MS 72-90 Olesen Living Clayton IV Development Rights condition of approval 2). Trust and The (Agricultural Burton H. Duke and Conservation Constance B. Duke Easement). Trust I hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact:Rich Lierly(313-2348) on the date shown. G:\GrpData\EngSvc\BO\2001\BO 1 1-6-01.doc Mlad cc: Recorder(via Title Company)then PW Records Current Planning,Commwrity Development ATTESTED: November 06, 2001 Attn: Rose Marie Pictras Olesen Trust and Duke Trust JOHN SWEETEN, Clerk of the Board of Supervisors and 2776 Foothill Road Pleasanton,CA 94566 County Adlninistrator By , Deputy RESOLUTION NO. 2001/ 535 'r C - Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Dcpartment Enginecring Services Division Records Section Area: Clayton Subdivision: MS 72-90 APY: 078-100-008 GRANT DEED OF DEVELOPMENT RIGHTS (Agricultural Conservation Easement) To meet condition of approval number 2 of Subdivision MS 72-90,Olesen Living Trust,dated March 19,1979 FBO Orville and Betty E.Olesen and The Burton H.Duke and Constance B.Duke Trust,dated January 31, 1980(Residuary Trust B-1)(Owners)hereby grant to the County of Contra Costa,a political subdivision of the State of California (Grantee) and governmental successor or successors of said county, the future development rights, as defined herein below, over a portion of that real property known as Parcels "A, B, C and D", of Subdivision MS 72-90,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 (Agricultural Conservation Easement)"with the following exceptions: 1.Building site areas not exceeding three acres will be permitted. 2. The erection of agricultural related buildings or structures anywhere on the site, subject to related setbacks,will not be prevented.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 Grantee,or successor Grantee,said proposed construction shall not be performed. Grantee, or successor Grantee,may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor 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 successor Grantee, herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor Grantee, shall have sixty(60) days from receipt of such proposal in which to grant approval or disapproval. Failure by Grantee, or successor Grantee,to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on (Date). Olesen Living Trust, dated March 19, 1979 FBO Orville and Betty E.Olesen and The Burton H.Duke and Constance B.Duke Trust,dated January 31, 1980 (Residuary Trust B-1). rville Olesen,trustee(Olesen Trust). Betty E. Oleson, stee (Olesen Trust). Lxz P� Constance B. Duke, trustee(Duke Trust). (See attached notary) G-%rptkftTj%S.cWSQfl�MOINSqwmbKWS 71-90 DE-t.doe m.bd Subdivision MS 72-90 (Agricultural Conservation Easement.) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Parcels "A,B, C and D",designated as "Restricted Development Area(Agricultural Conservation Easement)" as shown on the parcel map of Subdivision MS 72-90, on file at the County Recorder's Office as follows: Date: Book: Page: G:\GrpData\EngSvc\JOSEPH\2001\Scptcn-bcr\MS 72-90 EX-A.doc JD:lad .-J CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT � State of (- A rorc J i il OPTIONAL SECTION County of At_elrAUDY) CAPACITY CLAIMED BY SIGNER `6'X)D 1 ,before me, h�1 R-L," A- C_ JQ 0 1�►��1 W On 10' Though statute does not require the Notary to fill in DATE NAME,TITLE OFFICER E.G.,"SANE DOE,NOTART PUBIrC• the data below,doing so may prove invaluable to personally appeared d VI 1IE fD E SEAL >7 E_ buese r) persons relying on the document. NAME(S)OF SIGNER(S) DIV(DUAL C S }�j .c 0 CORPORATE OFFICER(S) 0 personally known tome-OR-V/Proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED the same in his/her/their authorized 0 GENERAL cutDl Y ATWELL capacity(ies),and that byhis/her/their 0 ATTORNEY-FN-FACT V. signature(s)on the instrument the person(s)or 0 TRUSTEE(S) (� COMM.p 1314148 the entity upon behalf of which the person(s) ( ) .o - NOTARY PUBLIC CALIFORN{A n acted,executed the instrument. 0 OTHER IAN/CONSERVATOR ALAMEDA COUNTY COMM.EXP.AUG.18,2005 WI �ESSy hand and official seal, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) S G OF NOTARY Ic OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages "Though the data below 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. 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. �c) a)The Chair of the Board b The President 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. 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 or a resolution of its Board of Directors." JC:mW \\P WS4\SIIARDATA\GrpData\EngSvc\Foms\WORD FORMS\ALL PURPOSE NOTARY.doc Rev::August.],:..00T.