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Home My WebLink AboutMINUTES - 10162001 - 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 October 16, 2001, by the following vote: AYES: Supervisors Gioia , Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 480 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 3. (Agricultural Conservation Easement). 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\EngSvc\l30\200l\l30 10-16.01.doc on the date shown. 1 D:lad originator: Public works(ES) Contact:Rich Lierly(313-23.18) ATTESTED: October 16, 2001- cc: Recorder(via'ritle Company)Utcn PW Records JOHN SWEETEN, Clerk of the Board of Supervisors and Current Planning,Community Development County Administrator Aun: R.M.Pietras Harry Geddes 25071 Marsh Creek Road Brentwood,CA 94513 By /L_ ,Deputy RESOLUTION NO. 2001/ 480 Recorded at the request of: J Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Byron Subdivision: MS 97-90 APN: 011-110-001 GRANT DEED OF DEVELOPMENT RIGHTS (Agricultural Conservation Easement) To meet condition of approval number 3 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 Parcels "A, B, C and 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 (Agricultural Conservation Easement)." 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 t }P�r •2 1. �Q (Date). Harry Roy Geddes,as trustee under the will of Ruth E. HoelI 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) arty Roy Ge des, trust (See attached notary) Mn w:lad G:\43rpD.rta\EngSvcUOSEPH\1001%Septemlxr\MS 97-90.doc Subdivision MS 97-90 (Agricultural Conservation Easement) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels "A, B, C and D," designated as "Restricted Development Area (Agricultural Conservation Easement),"as shown on the parcel map of Subdivision MS 97-90, on file at the County Recorder's Office as follows: Date: Book: �P r Page: - ' 1D:mw G:\GrpData\EngSvcVOSEPH\2001\September\MS 97-90.doc / /CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of �(L 1 J�TKU.(17/1��' OPTIONAL SECTION County of Pa/) 11 U w5 j n CAPACITY CLAIMED BY SIGNER On �7 0( ,before me, r_M ac genU e f o fa Pubj J V , Though statute does not require the Notary to till in DAT• NAME,TITLE OF OFFICER E.G.,"JANE DO F„ 'OTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared ��r)� !t 0 y eSe d G-5 persons relying on the document. NATIE(S)OF SIGNER(S) ,'INDIV IDUAL 0 personally known to me-OR-kproved to me on the basis of satisfactory evidence to 17 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. E the same in his/her/their authorized ❑ GENERAL I�IIA� KENZI •'; ^� capacity(ies),and that by his/her/their G) U ATTORNEY-fN-FACT COMM. 1254451 fA signature(s)on the instrument the person(s)or ' IL W ❑ TRUSTEE(S) tt NOTARY PUBLIC-CALIFORNIA 0 the entity upon behalf of which the person(s) CONTRP+COSTA COUNTY acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR Cl OTHER: hly Conrm.Expires Mar.22,2004 TNESS my hand and official seal, SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENTITY(IES)) �SIGNATI OFqqOTARY OPTIONAL SECTION TI IIS 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. 11. 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. a The Chair of the Board �b�The President cAny Vice-President GROUP 2. a)The Secretary b)An Assistant Secretary c}The Chief Financial Officer d)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." 1C:mw \\PWS4`SIIARDATA\GrpData\EngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc Rev:August]; .Ul),I