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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-493 Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Departrnent Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 22, 1998,by the following vote: AYES: Supervisors Uilkerrla., Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/493 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTR R F'F'EEENCE GRANTOR AREA Grant Deed of Subdivision MS 15-97 Antone E. Martinez Development Rights . Pereira Trust (Creek Structure and Antone E. Setback at Pereira Pereira Ranch Road) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Bo rd of supervisors on the date shown. ATTESTED: ';2d RL.m.mw PHIL BATCHE UA, Clerk of the Board GAGrpDatallE"Svc%B01B04.22-48.doc of Supervisors and County Administrator Orlslnator: Public Works(ES) 0 1 Contact: Rich l..iefly(313-2348) By Deputy ec! Recorder(via Title Co.)then PW Records then Cleric of the Beard Current Plmima,Community Development Y Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Martinez Subdivision: MS970015 "N: 365-020-002 GRANT DEED OF DEVELOPMENT RIGHTS. (Creek Structure Setback at Pereira Ranch 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 Parcel A of Subdivision MS970015, 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 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 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 Z en HENRY F. PEREMA, as Trustee of the ANTONE E. PEREIRA 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. 19 Henry F.Pereira,Trustee(Antone E.Pereira Trust) i By: Henry 11rank Pereira,Trustee(Antone E.Pereira) (See attached notary) m:nw c:,GrpD*a\En0vtv0saratis 98\NG 15-97.eoe AV.&I rata iiia did A444 lr4ts rUDLIC WURKS -ii.► COD Q002 00 15!00, .. .... �G+d�' ...�'i/r►-../ .+.,� ..�e'r.� -✓�1,�,�,�, ,� � . id'e's` � � . .cam.; - ,�`.c ,�e,,►,�, .. ._ Subdivision MS970015 (at Pereira Road) 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 at Pereira Road)," established 30 meters from each side of the existing centerline of the creek at Pereira Road, as shown on the Parcel Map of Subdivision MS970015, on file at the County Recorder's Office as follows: Date: Book: Page: Mmw G:\GrpData\EngSvc\IOSEPH\September981MS I5-97.dac C IFORNIA All:EUI C_OSF C ,.... State of ra Z&C �1 r^ OPTIONAL.sEC`rr u County of c rG ,� - CAPACXTY tautKt®BY SIGNER Onn before me=�-- ^ - BSc>� r , /,, �, ThOU0 status does not to n+4 0 su. /t require m the =M the data blow,dolnp soma personally appeared - vatwbts is parsass rtyins on they vs ®INDMDUAL ` alcy known to me-OR-[,I provided tome on the basis of saftlactory d CORPORATE OFFICER(S) evidence to be the person(s)whose name(s)Is/are RIM _ $Ub60dbed to the within Intdrruument and O pARTNERM t7 LM ITED acknowledged to me that heJsheAhey d GENERAL L GOULAR E the same In his&wAheir � TTORNEY-INTACT Commiulon#11519 V authodaed cape ),and that by Notcry Pubic- re(s)on the U Contra Costa County _ Instrument the person(s)or the entity t3 R NSERVATOR MyCornm.Evku upon behalf of which the petson(s) ©OTHEri: acted, the instrument S h seal, SK*M 13 REPRESENTING: ear�osrauowpgc� q NKM THIS CERTIFICATE MUST BE ATTACHED OPTIONAL.SECTION TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE INSTRUCTIONS TO NOTARY The following information Is WVAW In an effort tong of the documents. Signatures required on documents must comply with fio1Wng to be acceptable to Contra Costa County. I. FOR AUJI is fi _~h name and Interest of the signer should be typed or name must tie%ned exactly as It Is typed or printed. dnW the mature. The Il. BIG $ES FOR INDM4tJAt.S 'Che name must be signed exactly as it is printed or property must be r�1 elle typed. The signer`s interest In the Ill. SIGNATURES FOR PAR' NERSHIFjS..jn�party must be either a General•partner or authortzed in wlifi to have are authorny to sign for an n t3ie"partrtership. ng N. S O, men au n +omoers,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. a The Secreta b An nt ry Secretary C The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the Instrument a oerfified copy of a resolution of the Boal Y valid Powr Of authorizing the parson signing the Instrument to execute&rstruments of the type In question Is required. A currently valid ey,notarized,wtp suffice. �wo�+wry.n.w,