HomeMy WebLinkAboutMINUTES - 10282003 - C20 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
Adapted this Resolution on October 28, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/
SUBJECT: Acceptance of Grant Deed of Development Rights(Creek Structure Setback),for Minor Subdivision
4-02,being developed by John and Katherine Maltsberger, Martinez area. (District II)
IT IS BY TBE BOARD RESOLVED that the following instrument is hereby ACCEPTED:
INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT:
Grant Deed of MS 4-02 John and Katherine Martinez II
Development Rights Maltsberger
(Creek Structure Setback)
I hereby certify that this is a true and correct copy of an action
LS:rm taken and entered on the minutes of the Board of Supervisors
6:\GtpDa4\EngSvc\BO\2003\10-28-03'vNIS 4-02 BO-27.doe on the date shown.
Originator: Public Works(ES)
Contacts Rich Lierly(313-2358)
ce: Recorder(via First American Title Company)then PW Records OCTOBER �g 003
Current Planning,Comaumity Development ATTESTED:
Sohn and Katherine Maltsberger JOHN SWEETEN, Clerk of the Board of Supervisors and
101 Hampton Road
Martinez,CA 94553 County Administrator
By 'Deputy
RESOLUTION NO.2003/ 653
Recorded at the request of:
Contra Costa County
Public Works Department
Engineering Services
Return to:
Public Works Department
Records Section
Area: Martinez
Subdivision: MS020004
APll: 365-010-006
GRANT DEED OF DEVELOPMENT RIGHTS
(Creek Structure Setback)
To meet condition of approval number 34 of Minor Subdivision MS020004,we,John Maltsberger
and Katherine Maltsberger, husband and wife, (Owners) hereby grant(s) 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 Parcel A of Minor Subdivision MS020004 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 Owner 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,or
successor,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 successor,herein shall submit to such entity a written proposal
describing the nature, extent and location of such improvement. Grantee, or successor, shall have
sixty(50)days from receipt of such proposal in which to grant approval or disapproval.Failure by
Grantee, or successor, to respond in said time period shall be equivalent to the approval of such
proposal.
The undersigned executed this instrument on try pp t >.
John Maltsberger and Katherine Maltsberger,husband and wife, as community
property with right of survivorship, as to Parcel One.
so : er, er Kadmi Lie Mdt*wger,Owner
(See attached notary)
LS:
GAGtPDateEngSvcgAurie\PtojemWS O4-02\W O4-02 DE-1 Cteek StrucSetback.doc
Rev.October 9,2001
Minor Subdivision: MS020004
Restricted Development Area(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 Minor Subdivision MS020004, on file at the County
Recorder's Office as follows:
Date:
Rook:
Page:
Ls:
GAGtpData\EngSvctLauriolptojex\MS 04-02WS 04-02 DE-1 Creek Struc.Sethack.doc
pri12,2001
STATE OF CAL! ORNIA }ss
COUNTY OF r ♦ !� }
On lr
_. before me,/ dam , i7 __ a Notary Public
in and for said State, personally appeared bet -Y' and ae '-71 1l6,
, personally known to me (or proved to me on the basis of satisfa> ry evidence)to be the U
person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/shelthey 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 inst me
WITNESS my h nd and offi ' I seat.
Signature ' �
MARY K
Notary PUW
Son joaq
sr�f. l 1.aoo4