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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-053 Recorded at the request of: Contra Costa County Return to: Public Works Department Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 4, 1997 by the following vote: AYES` Supervisors Rogers, Uilkema, Gerber, Camiami.11a, UeSaulnier NOES: Mone ABSENT: None ABSTAIN: None J RESOLUTION NO.: 97/53 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of Sub 7279 Dame Construction Co. Danville Development Rights g:\engsvc\bo\4.t2 Originator: Public Works(ES) and MAN a eawet KIM on "W minrAN di"� Contact: Rich Lierly(313-2348 ' of t i on Me data shoM. cc: Recorder(via Title Co.)then PW Records x 1sRD board Director of Community Development 4f ra ism c',ounty n f� . *epee Recorded at the request of: CONTRA COSTA COUNTY Public Works Dqpuftcnt Enginewing Services Division Return to: Public Works Depattnunt Records Section Area: Danville Road: Fleetwood Road County Road No.: NIA Project: Bettencourt Ranch Assessor's No.: 220-060-038 GRANT DEED OF DEVELOPMENT RIGHTS To meet condition number 10 of Subdivision 7279 I, Dami Construction Company, (Owner) 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 Parcels A & 7 of Subdivision 7279 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 negative easement 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 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. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent, and location of such improvement. Grantee or its successor shall have sixty(60) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval of such proposal. IN'FITNESS WHEREOF, these presents have executed this instrument on (Pdw day and Year). ,r (Print nem*L title) (Swat— (Print Sestet(Print name A.title) (see attached notary) RLL jrlatpv ViGh1WeIdane.tI lwmy 34,W $'EXHIBIT All LEGAL DESCRIPTION THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: PARCELS A AND J, OF TRACT 7279, FILED , 1997, IN BOOK OF MAPS, PAGE , ET SEQ. , CONTRA COSTA COUNTY RECORDS. RESERVING THEREFROM: ALL OIL, GAS, CASINGHEAD GASOLINE, AND OTHER HYDROCARBON SUBSTANCES OF ANY KIND BELOW A POINT 500 FEET BELOW THE SURFACE OF THE LANDS, TOGETHER WITH THE RIGHT TO TAKE, REMOVE, PASS THROUGH AND DISPOSE OF ALL SAID OIL, GAS, CASINGHEAD GASOLINE AND OTHER HYDROCARBON AND MINERAL SUBSTANCES, BUT WITHOUT ANY RIGHTS WHATSOEVER TO ENTER UPON THE SURFACE OF SAID LAND OR UPON ANY PART OF SAID LANDS WITHIN 500 FEET FROM THE SURFACE THEREOF. ASSESSOR'S PARCEL NO. 220-060-038 State of ` County of ® ,'A r-& a c�!!j-Q On 1-!�A-an before me (A)DATE NAME.T1T%XCWC1R4M-EA..-JAMD0E-NWAWRMJC- +'1 personally appeared l 'L, t {s) ( in the capacity as ffpersonally known to me -OR-0 proved to me on the basis of satisfactory evidence to be the person0i)-whose name islare subscribed to the within Instrument and acknowledged to me that he/sh"W executed the same in hislfur~authorized capac y(lseo,and that by hishwaftwir signstureWon the instrument the pomon(*or the entity upon behalf of which the person(s)-acted,executed the lnsVument. ❑HeMbeJThey also acknowledged to me that such corporation executed the within lnstrument pursuant to its by-laws or a resolution of its Board of Directom. OWN� WITNESS my hand and official seal, WqICAHOL Comm. #990862h'rAfiY PUBLIC•CALIFORNIAQ0 MTM COSTA COUNTY nnature of etaotr+rn Aprli 1 1,1997' -+ ry SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. L FOR ALL§Mbe -The name and interest of the signer should be typed or printed In the space provided. The name must—fie signed exacily as it is typed or printed. IL PIGNATURES FQR INDIVIMW&-The name must be signed exactly as It is printed or typed. The signef's interest In the property must be stated. M. §KM16PARTNERS-Signing party must be either a general partner or be authorized in wrdng to have the authority to sign for and bind the partnership. N. SKMATURES FOR COREQRATIONS Documents should be signed by two offu enk,one from each of the following two groups. GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President c)The Chief Financial Offer (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 rawkition of the Board of Directors aulhorizing the person signing the instrument to execute Instruments of the type in question is required. A currently void power of attorney,notarized,will suffice. Noterindon of only one corponde signallue or signatures from only one group,must contain ain the Mowing phrase: and acknowledged to me that such Corporation executed the within instrument pursuant to its by4wa or a resolution of its Board of Directom." g:WngsvclworkAnotary2.new