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RESOLUTIONS - 01011998 - 1998-464
cl� Recorded at the request of: Contra Costa County Public Works Department Return to. Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on September 15, 1998,by the following vote: AYES: & L3ilIQMB, fir, D6aflivar, Car st lla, and Pqgs NOES: NCrle ABSENT: AbrM ABSTAIN: NXE RESOLUTION NO.: %/464 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRidEhiT F GRANT,QR AMA Grant Deed of MS 94-90 The McClung Trust Alamo Development Rights (Creek Structure Setback) RL:JD:mw GAGrpDstalEngSvclBC\B0 9.IS-9g.doc Originator: Public Works M) 1 hereby certify that this Is a true and correct Contact. Rich Liedy{323-2348} copy{ of an action taken and entered on thq cc: Recorder(viaClerk)dm PW Records then Cleric of the Board minutes of the B and of Supervisors on the Current Planning,Community Development date shown. ATTESTED* .._. � PHIL. BATCH L OR, Clerk of the Board of SU pervisors and CoVpty Administrator By - Deputy Recorded at the request of: CONTRA COSTA COUNTY Public Works Department Engineering Services Division CONTRA COSTA Co Recorder's Office Return to: STEPHEN L. WEIR, County Recorder Public Works Department Records Section DOC - 98-0224a 1 0--00 Wednesday, SEP 16, 1958 11 .19:25 Area:_ Alamo FRE $0.00" Road: Livorno Road Ttl Pd $0.00 Nbr--0000260822 County Road No.:-4447 , 1 rc /R9 Project:_. S 94- Assessor's No.: 187442-_= GRANT DELI? OF DEV'ELOPM RIGHTS (Creek Structure Setback To meet condition number J,&4_of Subdivision " 909 , I/We, Jamey FdwM4 McClung and N-gymber 1 (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 "Restrit Devement Area" of Subdivision x,94;0 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 of its successor shall have sixty (60) days from receipt of such proposal 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. Jeffr cCl (Trustee Carol . Mlung (Tans Date Date SEE ATTACHED NOTARY CALIFORNIA ALL-PURPOSE ACKNOWLEDCEIVIENT State of /1� OPTIONAL SECTION County of Coma (QSn= CAPACITY CLAIMED BY SIGNER On r c before me Though statute does not require the Notary to DATE NAME, TILE OF© ICER fill in the date below, doing so may prove invaluable to persons relying on the document. _2NDIVIDUAL E.G "JANE DOE, NOTARY PUBLIC —CORPORATE OFFICES(5) personally a �(S) Crji&F-R(S)�,� rTITLE{S} personally known to me - OR - PARTNER{S} —LIMITED _GENERAL _Provided to me on the basis of satisfactory evidence to „ATTORNEY-IN-FACT the person(s) whose name(s) is/are subscribed to the within —TRUSTEES) instrument and acknowledged to me that he/she/they executed ---GUARDIAN/CONSERVATOR the same in his/her/their authorized capacity(ies), and that by OTHER: 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. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) WITNESS my hand and official seal, SIGNATURE OF NO Y OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT TO THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the date requested here is not required by law, it could be prevented fraudulent reattachment of this form. SIGNERS) OTHER THAN NAMED ABOVE (Notary seal) Notary public in and for the County of Contra Costa, State of California T!-IY VyHtTEr% My Commission Expires: '^ COM . 1057147 V NOTARY PU 11C-CALIFORNIA a CONTRA COSTA COUNTY ` M Comm,EX res June 12,1999 EXHIBIT "A" ES-SUBDIVISION MS 94-90 ALL THAT REAL PROPERTY SITUATED IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL OF THOSE CERTAIN PARCELS OF LAND DESIGNATED "RESTRICTED DEVELOPMENT AREA" AS SHOWN ON SUBDIVISION MS 94-90, RECORDED 5 P-k--mbeO 16 , 19 9(o , IN BOOK I9 OF PARCEL MAPS, PAGE 4 0 , ON FILE IN THE COUNTY RECORDER'S OFFICE, OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA.