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RESOLUTIONS - 01011998 - 1998-492
t , Recorded at the request or: 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 22, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/492 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTORAREA Grant Deed of Subdivision MS 15-97 Antone E. Martinez Development Rights Pereira Trust (Creek Structure and Antone E. setback at Alhambra Pereira `galley Road) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the RL:M:mw date shown. G:\GrPDat*\Eng5vctBO\BO 9-22-98.doc ATTESTEC1: .. Originator: Public Works(ES) PHIL BATCH t Cid, Clark o;tint: hoard Contact: Rich Lierly(313-2348) of Supervisors and County Administrator cc: Recorder(via ride Co.)beet PWD Records Clerk Drax Board By e� r� s Deputy Current Piammg,Cotsuntmity Development �/»�+—� •. �• .• . . ..rr rna ec.r ua.r s.rs.� VVL YUBLiC WURKS U©$ Q002 -1001 Af - __ ..� _.. �,,, ��, •� ..•l4fr,,,rs� -,fes �' 1 �, ... e.-O oce . .. ..•mss` �'�'" ..��?'. otx 44rconr ..�, '� ... ... i Subdivision MS970015 (at Alhambra Valley Road) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels A and B,designated as"Restricted Development Area(Creek Structure Setback at Alhambra Valley Road)," established 30 meters north of the existing centerline of the creek at Alhambra Valley Road, as shown on the Parcel Map of Subdivision MS970015, on file at the County Recorder's Office as follows: Date: Books Pages ID:mw G:\GrpData\EngSvcVOSEPH\September 98\MS 15-97.doc t C NI ALL-PURPOSE.,ACK�,tOL+{�E IYI 3 state of_ Y l r�E^rr L OPTIONAL SECTRA County of CAPACITY CLAIMED By 810"ER QAn "�` before mei ^� rc Though statute dose not requrra the �, ° °` sip In the data below.doing to tray prove personalty appeared ,+{ vatwbie to persons retying on the�_ l,„ ❑INDIVIDUAL Wally known to me`OR-Q pded to me on the basis of CORPORATE OFFICER(S) rovi evidence to be the peison(s)whose name(s)blare subscribed to the within klstrument and d PARTNER(S) ©LIMITED GARY L CsCyULARM acknowledged to me that hatshetthey 0 GENERAL executed the same In hislhenti eir p TTORNEY4NfACT Commbsion s 11519V authorized capadVies),and that by crarlsw Notary Public•Callfornia hlatherAheir signatures)on the TRUSTEES) 79207 Contra Como=131,2=01 Instrument the person(s)or the entity QUARf31AN/CONSERVATOR *Comm.tiq hsupon behalf of which the person(s) O OTHER: acted executed th m ent W SS h an titttNER IS REPRESENTING: y aaea�« oa THIS CERTIFICATE MUST BE ATTACHED OPTIONAL SECTION TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(-)OTHER tr.wwa.r�rw�.rt+r�.% THAN NAMED 1�BOVE INUSUC170hiS Td Nt}TARY The following Information Is provkied In an effort to amedite Processing of the documents. Signatures required on documents must comply with-the following to be acceptable to Contra Costa County. 1. na � IWE c y as Tbe fit etype�d or prie tesdof the saner should be typed or printed - I` ' the signature. The RALbi11. SIGNATURES fOR tN17tVi®U�i 'The name must be signed exactly as It Is printed or property must tie sta . typed. The signers interest In the lit` PARTNBRSIilpS-ftnl,party must be either a general�partner or be authorized In writin to have e a on n or an the p n artneish pg . IV. SIGNATURES O t-C7C) lys ocuments ou n woo rs,one from each of the following two groups. GROUP 1. a The Chair of the Board b The president c Any Vice-President GROUP 2. ji The Secretary An Assistant Secretary The Chief f=inancial Officer The Assistant Treasurer ifssgnatures 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 auth0rt7Jng the person signing the instrument to execute lnstruments of the type in question Is required. A Currently valid power of attorney,notarized,will suffice. Recorded at the request if: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Martinez Subdivision: MS970015 APN: 365-020-002 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback at Alhambra Valley Road) To meet condition of approval number 23 of Subdivision MS970015,we,the Antone E.Pereira Trust and Antone E.Pereira(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 Parcels A and B of Subdivision MS970015, situated in the County of Contra Casta, 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 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. Prior to issuance of a building permit for any structure proposed within the approximate structure setback r area, Owners shall verify that the proposed building site is located outside the structure setback area, as outlined in Section 914-14.012,"Structure Setback Lines for Unimproved Earth Channels"of Title 9 of the County Ordinance Code. Owners shall be required to substantiate the structure setback line with representative creek cross sections and calculations,subject to County Public Works Department review and approval. The undersigned executed this instrument on iTt .o. 7elr �• HENRY F. PEREIRA, as Trustee of the ANTONE E. PERE 1U TRUST,as to an undivided 1/2 interest and HENRY FRANK PEREIRA,Trustee for ANTONE E.PEREIRA under the terms of the Will of MARY A. PEREIRA, Deceased, as established by Judgment on Final Distribution filed January 23, 1987, in Case No. 65803, Probate, Contra Costa County, Superior Court,as to an undivided 1/2 interest. By: Henry F.Pereira,Trustee(Anton E.Pereira Trust) By: t i�c. .�ttc ,..a � (See attached notary) Henry Frink Pereira,Trustee(Antons E.Pereira) Mmw G:TkVD4eaMiAvc1J0SEPR15epWnber 98415 15-47.doc