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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 97-400 CO2 ! COSTA Co Recorder's Office rowrded at the 1"°"d at STEL L. WEIR, County Recorder cows coag county Ream to: pwicwarb DvWunat DOC 97-0:3L33-204-00 sWViM Friday, JUL 25, 1957 11:49:09 FRE $0.0011 ; Ttl Pd $0.00 Nbr-WO 0119271 irc /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Omer on July 22, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Cenciami.11e, DeSeulnier NOES: Done ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/400 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSIBUMM BEEBUNCE GRANTORAU Grant Deed of MS 30-89 James A. Lee Clayton Development Rights (Sonic Easement) 1 wral ft w r 0.ra eetr�rt « ' M afted *a ft owe a=4M a ft ISM.w.r► MSO�w AWANOW orw-isr: Public wade(ss) timet: Arae LWy(313.2349) or. AebrrdW(vir CMrk)*M Pw Ra Wade Cant Pleeetinr,C=MMity DVAWP Mt Recorded at tis.+quest or: CONTRA COSTA COUNTY Public Works Dopertmed Rstum to: Public Works Dspwwwt swvim Arm Clayton hand: Law Way Gentry Reed Nae NIA Pref tet: MS 3049 Asennor"s Nae M310-033 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easw=0 To meet eonditiaa number 4G of'Minor Subdivision 30.89,we,James A.and Janet C.Lee,(Owncrs)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 ofthat real property known as Parcel`A'of Minor Subdivision 30-89 situated in the County of Contra Costa, State of California,and mom particularly described in"Exhibit A"and as shown on PLAT MAP"Exhibit B." "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 proposal construction by the Grantee or its successor,said proposed construction shall not be performed. Grantee or its successor may candition its approval of arty proposed construction upon prior or subsequent performance of such conditions as Grantee may dam appropriate. The arca marked "Scenic Easement" shall be permanently maintainer/ in a natural state, with no grading, structures,facilidies,tree-cutting,improvements or other alterations except for a water tank for the purpose of on-site domestic water supply and/or fire supprassion and related appurtenarloes. Adjacent uses,such as the confinement of livestock, which might threaten the natural state of the amernent ares are not permitted to intrude into the casement aria. Proposed alterations to this grant decd of development rights that might be necessary for htahh and safety or other rasons must be approved by Contra Casts County Planning Agency with at least 30-days prior written notice to Save Mt. Diablo,P.O.Box 5376,Walnut Creek,CA 94596. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval ofGrantm or its successor herein shall submit to such entity a written proposal describing the nature, exp,and locabori of such improvanent. Grantac or its succasor shall have sixty(60)days from rampt 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. The undersigned eowcuted this instrument on_ Ju GY 21 M7 ti. 010106-) QA!k� SEE ATTACHED FOR PROPER Ja6is A.Lee CALIFORNIA NOTARY ACKNOWLEDGEMENT C.Lee (see attached notary) NLS 0.4ZNMVCW0L=4WW6ar.WFD All that real property situated in the unincorporated area of Clayton,County of Contra Costa, State of California,described as follows: Portion of Parcel "A"as said parcel is shown on the map entitled"Parcel Map, Subdivision MS 30-89"filed March 25, 1993,Book 161,Parcel Maps,page 43,Contra Costa County Records, described as follows: Beginning at the northeast corner of said Parcel "A"(161 PM 43),thence from said point of beginning along the north line of said Parcel "A"(161 PM 43),North 89' 14' 45"West 35.00 feet;thence South 0'45' 15" West,40.00 feet;thence South 47 46' 44" East, 40.04 feet;thence South 0'45' 15"West,225.14 feet to the south line of said Parcel "A„ (161 PM 43);thence along said south line South 89" 14' 45"East,269.87 feet to the northeasterly line of said Parcel "A"(161 PM 43);thence along said northeasterly line North 47 46' 44"West, 326.96 feet and North 14= 03' 29"West,77.72 feet to the point of beginning. i �. 387g OF C PN %06desc.doc 4/70/97 s,a„ IR L/j to oll Jl "f � � r.."'.r .,.! ter„✓„✓ t >! '/' // j/jj/',, /> R 1 / ,,,r�r rr,,,,,✓ ff 1> Jt ��F1 �t r l ,+ t /� to ` r ,, State of California. County of . .. ...... ................. ♦ii.........f Y..Y•....s fI1�".iiY6..i •Y• YM..I,r.W..i...Y..Y.........Y.i......4..Y....• Vnar�wKsi.r...............r..tsi✓YfVr�r me,•rsfr�ZW aP riRrrrsiRfarrrar• •fireiiYiiri4• • sf personally ■�/� y/����1y■ �■.�{(�' /%�y j.J�JuI(//�jJ{ {/�///4✓���� .. R f i♦........ ;�p ./ersonallJ a peared. • ;r if4 lMlil♦f ............f fl Yiri isYiiY li •RiM Yit� fYR.�I•/'/]./ Y.........� personally known t e (or proved on the basis of s story evidence) to be the person(s) whose name(s) is/are subscribed in 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. W'ITNESS my hand and official seal. ...................i............i .W.. ..Y.. .f.....Wi.rri..R.i•i if iii. f.fi Yi•rf.........................i.......... No public in and for said te. S, D. TARKINGTON comm.#111123021 NOTARY PU611C CA 1A �+ � �,✓ COMM Costa County MY Comm.Expires.ten.16,3001 w This document is only a general form which may be proper for use in simple transactions and in no way acts, or is intended to act as a substitute for the advice of an attorney.The printer does not make any warranty, either expressed of implied, as to the legal validity of any provision or the suitability of these forms in any specific transaction. Cowdery's Form No. 1OG=ACKNOWLECEMENT General(Civil Code 1189(a))(ltevised 7/1/94)