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Home My WebLink AboutMINUTES - 10162001 - C.11 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 October 16, 2001, by the following vote: AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 482 SUBJECT: Acceptance of Instrument for Subdivision MS 97-90, Byron area, District III. IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: SUPERVISORIAL INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Subdivision MS 97-90, Ruth E. Hoell Estate Byron III Development Rights Condition of Approval 13E. (Acoustical Structure Setback). I hereby certify that this is a true and correct copy of an action G:\GrpDala\EngSvc\BO\2001\60 I0-I6-01.doc taken and entered on the minutes of the Board of Supervisors Mlad on the date shown. Originator: Public Works(ES) Contact:Rich derly(3 13Co) ATTESTED: October 16 2001 cc: Recorder(via Title Company)then PW Records p Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and Attn: R.M.Pietras I larry Geddes County Administrator 25071 Marsh Creek Road Brentwood,CA 94513 By , Deputy RESOLUTION NO. 2001/ 482 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Records Section Area: Byron Subdivision: MS 97-90 APN: 011-110-001 GRANT DEED OF DEVELOPMENT RIGHTS (Acoustical Structure Setback) To meet condition of approval number 13E of Subdivision MS 97-90,I,Harry Roy Geddes,as trustee under the will of Ruth E.Hoell deceased and the decree of distribution of Ruth E.Hoell Estate,a certified copy thereof being recorded on April 23,1973,book 6923,page 258,of Contra Costa County(Owner)hereby grant to the County of Contra Costa, a political subdivision of the State of California (Grantee) and governmental successor or successors,the future development rights,as defined herein below over a portion of that real property known as Parcel"D,"of Subdivision MS 97-90,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 disapprove of any proposed construction, development or improvement within the areas marked"Restricted Development Area(Acoustical Structure Setback)." 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, said proposed construction shall not be performed. Grantee or successor may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. The undersigned executed this instrument on "' o� i, t 2 o 0 (Date). Harry Roy Geddes,as trustee under the will of Ruth E. Hoell deceased and the decree of distribution of Ruth E. Hoell Estate,a certified copy thereof being recorded on April 23, 1973, book 6923, page 258, of Contra Costa County. (Signature) H rry Roy Geddes, trus e (See attached notary) JD:mw:lad 6:\GrpData\EngSvcVOSE,Pti\1998\Dccemlxr\MS 97-90.doc Subdivision MS 97-90 (Acoustical Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcel"D,"designated as"Restricted Development Area(Acoustical Structure Setback),"as shown on the parcel map of Subdivision MS 97-90, on file at the County Recorder's Office as follows: Date: Book: Page: Mnw:lad GAGrpData\EngSvcV0SEPMI9980ecenbcAMS 97-90.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of (//16 I'Aro l'G1 OPTIONAL SECTION County of ( iU 1 ' (�O 5� 1l �, ^, CAPACITY CLAIMED BY SIGNER 7 �1 O 1 before me, I` {� K u 1 �a , Y Though statute does not require the Notary to fill in On D�, r NAME,TITLE OF OFFICER E.G.,-JANE DOE 140TARYPUBLIC- the data below,doing so may prove invaluable to personally appeared 1 Tu rM �U C)ed d e-.) persons relying on the document. NAME(S)OFSIGNER(S) ) INDIVIDUAL 0 personally known to me-OR-'proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) 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 ❑ PARTNER(S) ❑ LIMITED �,.• K. MAC KENZIE thesame inhis/her/their authorized ❑ GENERAL capacity(ics),and that by his/her/their 0 ATTORNEY-IN-FACT IL � COMM. 1254451 '� signature(s)on the instrument the person(s)or NOTARY PUBLIC-CALIFORNIA V the entity upon behalf of which the person(s) 0 TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR � CONTRA COSTA COUNTY L acted,executed the instrument. 0 OTHER:`•,��.• My Comm.expires Mar.22,2004 �"W�ITNESS my h d and official seal, SIGNER IS REPRESENTING: f� • (NAME OF PERSON(S)OR ENrrrY(IES)) SIGNATURE WNQTARY 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 - S' Ming 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 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. 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 \\PWS4\S MDATA\GrpData\PngSvc\Foms\WORD FORMS\ALL PURPOSE NOTARY.doc Ria;Auguttjl;+200.1