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HomeMy WebLinkAboutMINUTES - 10162001 - C.14 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 October 16, 2001, by the following vote: AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 485 SUBJECT: Acceptance of Instrument for Subdivision MS 98-90, Byron area, District M. IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: SUPERVISORIAL INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Grant Deed of Subdivision MS 98-90, Ruth E. Hoell Estate Byron III Development Rights Condition of Approval 13D. (Delay of Private Road Construction). I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc\BO\2001\BO 10-16•ol.doc taken and entered on the minutes of the Board of Supervisors 1D:lad on the date shown. Originator: Public Works(ES) Contact:Ricl, derly(313-2348) ATTESTED: October 16 2001 cc: Recorder(via Title Cony)any)then PW Records 1 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and Ann: R.M.Pietras H.R.Geddes County Administrator 25071 Marsh Creek Road Brentwood,CA 94513 By , Deputy RESOLUTION NO. 2001/ 485 Recorded at the request of: / Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Byron Subdivision: MS 98-90 AM-Ott-140-003- Oil- C)401-()03 GRANT DEED OF DEVELOPMENT RIGHTS (Delay of Private Road Construction.) To meet condition of approval number 13D, of Subdivision MS 98-90, 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 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 98-90, 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. 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 Owner of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee, or successor Grantee, said proposed construction shall not be performed. It is understood that Grantee, or successor Grantee, will condition the approval of the first building permit for any of the parcels described in Exhibit"A", upon the construction of a 20-foot wide all weather surface road(per condition of approval 13D of Subdivision 98-90)or assurance by Owner in the form of a subdivision agreement,with cash and surety bonds,guarantying said construction and, in addition, prior or subsequent performance of such other conditions as Grantee, or successor Grantee, may deem appropriate. The undersigned executed this instrument on Z" ` t (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) I'L e, arty Ro Ge-dde rustee (See attached notary) G:\GrpData\EngSvc\JOSEPH\2001\Scptrntber\MS 98-90 DE-1(2).dtx JD.tad Subdivision MS 98-90 (Delay of Private Road Construction) 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",shown on the parcel map of Subdivision MS 98-90,on file at the County Recorder's Office as follows: '4 el o Date: •Q t Book: Z Page: d •t 19 s i G:\GrpData\EngSvc\JOSEPH\2001\September\MS 98-90 EX-A.dce ID:Iad STATE OF CALIFORNIA _,r� COUNTY OF CP(1 AR a/L a MbEd On ►�f•� 0�l ,before me, personally appeared a r —R o G eJ e--S ( )personally known to me—OR—( roved to me on the basis of satisfactory evidence to be the person(s)whose name(s) 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 —LINDA MOORE instrument the person(s),or the entity upon behalf.of which the COMM. 1253641 person(s)acted,executed the instrument. M ' ®` N',,FARYPUBLIC-CALIFORNIA o CONTRA COSTA COUNTY WITNESS my hand and official seal. My Comm.Expires Feb.14,200411 (This area for official notarial seal) DESCRIPTION OF ATTACHED DOCUMENT bca'at 0e DESCRIPTION OF DOCUMENT(OPTIONAL) STATE OF CALIFORNIA COUNTY OF On before me, personally appeared ( )personally known to me—OR—( )proved to me on the basis of satisfactory evidence to he the person(s)whose name(s) 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. WITNESS my hand and official seal. (This area for official notarial seal) DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT(OPTIONAL)