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HomeMy WebLinkAboutMINUTES - 12182001 - C.9 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 December 18, 2001, by the following vote: AYES: Supervisors Gioia , Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ SUBJECT: Acceptance of Instrument (Grant Deed of Development Rights), for Subdivision MS 99-90,being developed by Billy J. Bethea and Mary K. Bethea, Brentwood area(District V). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grand Deed of MS 99-90 Billy J. Bethea and Brentwood V Development Rights Mary K. Bethea, (Creek Structure Setback) his wife, as joint tenants. 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 G:\GrpData\E.ngSvc\BO\2001\Tennp\,1S 99-90 130-27.doc on the date shown. JH:lad Originator: Public Works(ES) Contact:Rich Lierly(313-2348) ATTESTED: December 18 , 2001 cc: Recorder(via Title Company)diets PW Records JOHN SWEETEN, Clerk of the Board of Supervisors and Current Planning,Community Development County Administrator Billy and Kaye Bethea 9875 Deer Valley Road Brentwood,CA 94513 By ,Deputy RESOLUTION NO. 2001/ 5 9 5 j M Recorded at the request of: CONTRA COSTA COUNTY Public Works Department /y Engineering Services Division G, Return to: Public Works Department Records Section Area: Deer Valley Rd.Briones Valley Rd.,Brentwood Road: Briones Valley Rd. County Road No.: 6753 Project: MS 99-90 Assessor's No.: 007-090-028 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition number 7 A.5 of Subdivision MS 99-90, We, Billy J. and Mary K. Bethea, (owner) hereby grant to the County of Contra Costa, a poiiticai 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 A of Subdivision MS 99-90 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. r,6ner . (Owner) hnfA Dl:cl c:DE\MS99-90.8 Subdivision MS 99-90 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcel A designated as "Restricted Development Area" as shown on the parcel map of MS 99-90, on file at the County Recorder's Office as follows: Date: Book: Page: Dl:kw G.'\GrpData\En;Svc\Dean\1.000'June\MS99-90 ExA.doc June 15,2000 CALIFORNIA A;LL4KXWOSE ACKNCNWLEDGELUNT State of_ L a ��1 o rn i - OPTIONALSECTION / County of /'a c 41— 1 1 CAPACITY CLAUM BY SIGNER �E On �i V before me, X7t- y&W✓ - yo�Z�n,�ln ,L Though stetAe does not require the Notary to NAME,TITLE OF OFFICER- G.,'JANE NOTARY PUBLIC 11111 in Vw data below,doing so may prove invaluable So persons relying on the document Personally appeared �//��, J. 3 /??Gt,'h /L.• Be-PI,e« NAME(Sy SIGNER(S) ❑INDIVIDUAL ©le-rsonaly known to me-OR-❑provided to me on the basis of satisfactory evidence to O CORPORATE OFFICER(S) be the person(s)whose names) tsg�jjP subscribed to the within instrument and TITLE(S) acknowledged to me that he/� executed the same in his/he i ❑PARTNER(s) ❑LIMITED authorized capacity(es),and that by ❑GENERAL his/he(glli signature(s).on the Instrument ~ Dexter the perron(s)or the entity upon behalf of E3 AT'TORNEY-IN-FACT Glover V #Glover 9 which the person(s)acted,executed the E3TRUSTEE(S) Comm. O NOTARY PUBLIC.CALIFORNI �1JTent 13 GuaRDlAwcoNSERVATOR �S c CONTRA COSTA COUNTY 13 OTHER: QF RNA Comm.Expires March 3, 1998 J WITNESS my hand andofficial s SIGNATURE O OTARY SIGNER IS NAME OF PERSON(S)OR ENTTTYOES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT TO THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES .L DATE OF DOCUMENT Though the date requested here is not required by law,it could be prevented fraudulent reattachment of this forth. SIGNER(S) OTHER THAN NAMED ABOVE