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HomeMy WebLinkAboutMINUTES - 02122002 - C7 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 February 12, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 65 SUBJECT: Acceptance of Instrument for Grant Deed of Development Rights (Creek Structure Setback) for Subdivision MS 7-01, being developed by Henry F. Pereira, et. al., Martinez area(District II). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 7-01 Henry F. Pereira, et. al. Martinez II Development Rights (Creek Structure Setback) I hereby certify that this is a true and correct copy of an actior taken and entered on the minutes of the Board of Supervisor., G:\GrpData\Engsvc\Bo\200212-12-02\Ms 7-01 BO-27.doe on the date shown. CL:lad Originator: Public Works(E5) Contact.Rich Lietly(313-2348) ATTESTED: February 12, 2002 cc: Recorder(via Title Corn pang)then PW Records JOHN SWEETEN, Clerk of the Board of Supervisors anc Current Planning,Comnumity Development Henry F.Pereira,et al. County Administrator 6140 Alhambra Valley Martinez,CA 94553 BY: IF RESOLUTION NO. 2002/ 65 Recorded at the request of- Contra Costa County Public Works Department Engineering Services Return tot Public Works Department Records Section Area- Martinez Subdivision- MS 7-01 APN: 365-020-033 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet conditions of approval numbers 15 and 20 of Subdivision MS 7-01,we,Joseph W.Pereira and Dorothy L. Pereira, co-trustees of the Joseph W. Pereira Family Trust, dated July 13, 1995, as to an undivided 1/3 interest;Ernest J.Pereira and Janet Y.Pereira,as trustees of the Ernest J. Pereira and Janet Pereira Family Trust (created by a declaration of trust dated February 15, 1995) as to an undivided 1/3 interest and Henry F. Pereira and Marjorie A. Pereira,co-trustees of the Pereira Family Revocable Living Trust,dated August 15,1996,as to an undivided 1/3 interest, (Owners) hereby grant to the County of Contra Costa, a political 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 7-01 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 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 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. The undersigned executed this instrument on. �n ' Joseph W.Pereira and Dorothy L.Pereira,co-trustees of the Joseph W.Peieira Family Trust,dated July 13,1998,as to an undivided 1/3 interest;Ernest J.Pereira and Janet Y.Pereira,as trustees of the Ernest J.Pereira and Janet Pereira Family Trust(created by a declaration of trust dated February 15,1995)as to an undivided 1/3 interest and Henry F.Pereira and Marjorie A.Pereira,co-trustees of the Pereira Family Revocable Living Trust, dated August 15, 1996, as to an undivided 1/3 interest. (signature) )iz ,�-- (Signature) - 1 oseph W. Pereira, Owner J net Y. P eire, owner t (Signature) (Signature) Dorothy L ereira, Owner Renry F.Pereira, Owner (Signature) �-moi-•' �.� - (Signature) Ernest J. Pereira, Owner Marj rie A. Pe eira, Owner (See attached notary) :n1W \TWSt\SHARDATA\GrpDatalXngSvc\Fomu\DE WO=\DE-I.doc Rov.October 9,2001 MS 7-01 (Creek 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 A, designated as "Restricted Development Area (Creek Structure Setback)', shown on the parcel map of Subdivision MS 7-01, on file at the County Recorder's Office as follows: Date: Book: Page: JD:mw GAGipData\EngSvc\Forms\E=ITS WORD\EXHIBIT-A.doc ugust 30,1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Calif o r n i a OPTIONAL SECTION Co�t�+rtf S o 1 a n o CAPACITY CLAIMED BY SIGNER 1 / 14/02 Kimberly E. Dona dson On _ before me, Though statute does not require the Notary to till In DATE NA TITLE OPO G.,"7¢NB DOA NOT Y P c" the data below,doing so may prove invaluable to Henry F. Perera anl� ardor1e r. Tecrei apersona relying on the document. personally appeared NAMES)OF SIGNERS) ❑ INDIVIDUAL O personalty known to me-OR=proved tome on the basis of00S)r?lwithin ctory evid t ❑ CORPORATE OFFICER(S) be the penshose na (s t r subsenbed in and TITLE(S) acirnowled d to tthe executed 0 PARTNER(S) ❑ LIMITED the same' lad eir u to 0 GENERAL capaci and t y hi ! el ❑ ATTORNEY-IN-FACT E signatu the instrument t rs KIMBERLY L.DONALDSON the enti pon behalf of which the persks) D TRUSTEE(S) C0111M*ISSi©tn# 1209165 acted,executed the instrument. 0 GUARDIAN/CONSERVATOR I; NolaryPublIC--CCINOMta 0 OTHER: Solon County ESSny n d t seal, Jon 24,2 SIGNER IS REPRESENTING: Myrt�(YirTt.F (NANO OF PERSONS)OR ENTITY(IFS)) SIGN.,#TM OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Grant Deed of D e v. Rig t s TO THE DOCUMENT AT RIGHT. Number of Pages I Though the data below is not required by law,it may prove valuable Date of Document Signed 01 /14/02 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 SIGNA S The name and interest of the signer should be typed or printed BENEATH the signature. The name musteess`igne 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. IG O P ItS IPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign for and binde partnership. IV. SIGNAT'UR.ES FOR CORPORA Documents should e signed by two officers,one from each of the following two groups: GROUP I. Na, hair of the Board ( The President (c Any Vice-President GROUP 2: a The Secretary An Assistant Secretary The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instnunent, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instrumonts 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." XMW %VW5TA\ftData%WvcTor=\WORD FORMS\ALI.FURPM NOTARY.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT California. State of o ano OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On01 /14/02 .before me, Kimberly L. Donaldson Though statute does not require the Notary to 1111 In - - , DATE NAME,7ITLB OF OFFICER E.O.,"JANE DOE,NOTARY PUBUC" the data below,doing so may prove invaluable to personally appeared Ernest J. Pereira and Janet Y. Pere it apersonsrelyingon the document. NAMES)OF SIONER(S) D INDIVIDUAL personally known to me-OR-0�proved to me on the basis ofsc(S)F'Athin tory evid 0 CORPORATE OFFICER(S) be the Pers hose na s I re TITLES) ubscnlJedsi d acknowledg d to t the executed 0 PARTNER(S) 0 LIMITED the sam ' k eir thocapacd GENERAL signat ies and y h thei p ATTORNEY-IN-FACT signatu the instrument rs or p TRUSTE S KIMBERLY L.DONALDSON the end upon behalf of which the per TRUSTEE(S) Commission# 1209165 acted,executed the instrument. D GUARDIAN/CONSERVATOR Notary Public—Califomla z O OTHER: Sdano County > BUTRE.Vmy and 1 sea, SIGNER IS REPRESENTING: MY C nm•6tpires ion 24,2W3 (NAME OF PERSON(S)OR ENTrrY(MS)) SI ATURE OF NOTARY OPTIONAL SECTION Grant THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Deed of Development R i g h s TO THE DOCUMENT AT RI(3HT. Number of Pages 1 Though the data below is not required by law,it may prove valuable Date of Document 01 /14/02 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 I N S 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 FGR INDIVIDUALS-The')iame must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIQN4n=S FOR PAR HIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign for an in a partnership. IV. SYGNATURES PGR C RPGRATIONS Documents should e signed by two officers,one from each of the following two groups: GROUP 1. �at)The Chair of the Board ))The President Any Vice-President GROUP 7. a The Secretary An Assistant Secretary c The Chief Pinancial 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." rc:r� VWs4L51iARIlATA%OrpDa&\ftSvciFomrIWORD FORMSIALLFURPOSE NIOTARY.doe [ {"' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of \t'1� i� 1"r t r°yr OPTIONAL SECTION Countyof CAPACITY CLAIMER BY SIGNER On I—144r0"7.before me, S � �l�)� 'ylA��y 'Though statute does not require the Notary to till In DATE NAME,TITLE OF OFFICER le,°JANE llO NOTARY C^ the data below,doing so may prove invaluable to tpersons relying on the document. personally appeared� f 4- y2C-e_11r 01_ --- - N (S)OF SIGNWS) 0 INDIVIDUAL gthe basis of satisfactory evidence to C CORPORATE OFFICER(S) FINIS G. H©FFMAN be the person(s)whose name(s)jvah TITLE(S) subscribed to the within instrument and acknowledged to me thatITOWWthey executed 0 PARTNER(S) 0 LIMITED Y -Cd0fb rii3 the saute in ItSsWarltheir authorized Glom CW* capacity(ies),and that by his/her/their 0 GENERAL 0 ATTORNEY-IN-FACT W(,Wgmt,BOOSNOV6=3 signature(s)on the instrument the person(s)or the entity upon behalf of which the persons) 0 TRUSTEE(S) 0 acted,executed the instrument. 0 OTHER:OTHER:IANlCONSERVATOR WITNESS my hand 10f i seal, SIGNER IS REPRESENTING: I (NAME OF FERSON(S)OR ENTITY(IES)1 SIGNATU qtWRY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Veto 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 45N`E_ reattachment 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 SI NAGr T' /MSS - 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. SIGN FOR INDIVIDUAL -The'-name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIG F R HIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign for an4 in a partners p. IV. SIGNATURES FOR.CORPORATIONS Documents should a sigmayb officers,one from each of the following two groups: GROUP 1. ( )The Chair of the Board ((b))The President c Any Vice-President GROUP 2: a The Secretary An Assistant Secretary c The Chief Financial Officer s 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." rc:MW liFW54tSIIARDATA\tkpt)atalEa�Sv6Foni*\WORD FORNMAI .Ft,T"SE NOTARY.d=