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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-651 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 December 15, 1998,by the following vete: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/651 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: MTRII= R EEE NCE GRANT , Grant Deed of Subdivision Byron Seventy-Eight Byron Development Rights MS 910039(Parcel Q 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:nw date shown. GAGrpD*ftTASSvclB0\l" 1Bo 12-ts-98.doc ATTESTED: ,,.,,,,,A".,. t CIAM OrWnator: Public W (Es) PHIL BATCHELOR, Clerk of the Board Contact:Rich Llerly(313-2349) Cfervlsore and County Administrator cc: Recorder lura Title Co.)men PW Records than Clerk Dime Bawd ByL•t �� _ %- !� - Deputy Current Planning,Community Development a e Wxarded at the request of: Contra Casts County .Public Warks Department Engineering Services Division Return to: Public Warks Departmrmt Records Section Area: Hymn 'Woad: Hixler Road at Highway d County Road No.: 9183 A Subdivision: MS 39-91,Parcel"C" AM 011-220-022 GRANT DEED OF DEVELOPMENT RIGHTS To meet condition of approval number 12 of Subdivision NIS 39-91, Parcel "C", BYRON SEVENTY-EIGHT,a California.General Partnership,(Owner)hereby grants 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"C"of Subdivision MS 39-91,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 on the property described in Exhibit"A."The "development rights"are and shall be a form of covenant,which shall ran 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,which approval will not be withheld if Owner meets the conditions of the deferred improvement agreement under condition of approval number 17, for Subdivision MS 39-91 as set forth below, said proposed construction shall not be performed. To obtain the release of development rights from the Grantee to the towner,the conditions of the deferred improvement agreement under condition of approval number 17,for Subdivision MS 39-91, shall be satisfied,completed,constructed or assured by bonding,in accordance with Ordmance Code Title 9,Ordinance Specifications and Design Standards of Contra Costa County.The release of said development rights shall in no way be construed as a release of the development rights by the Grantee over that area designated as"Restricted Development Area(Environmental Reserve)"on the Parcel Map for Subdivision MS 39-91 and granted to the County under separate instrument. The undersigned executed this instrument on d V • l X, If r BYRON SEVENTY-EIGHT, a California General Partnership By: (Frw> ) ,General Partner (See attached notary) nYMW IVfW$115 "DATA0gt3M\E0V0V0SE?M0C"ait14DDRM39-91AX ME State Of d OPTIOW L SECTION cou*of CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to oCi►nx 1 beforems, =1_- till In the data below,doing so mayve In- valuable to persons relying on the d ntt person*appeared ty^y'i sty r. � mesio r,v�_,�„ Ci INDIVIDUAL D CORPORATE OFFICER(S) E3 pwwndy known to me-OR-I$provided to me on the beets of sdefactory evidence to ,�`srateeeeet#s be the person(s)whose name(!)is/are subscribed to the v (3 PARTNER(S) d LIMITED*i• WH f wllhin instrument and + acknowledged to me that halshetthery 0 GENERAL ``.•`'p4�...+`'••,+ •o executed the same In hislherAheir 0 ATfORNEY4N-FACT .. autholt ted cepecdty(iee),and that by CJ TRUSTEE(S) g"t �, hirfierRheir signature(!)on the 0 GUARDIANICONSERVATOR instrument the persons)at the entity Cl OTHER. upon behalf thh of which a parson(s) • t� • , aged,axeovteld the instrument ��a�_r •.,;MAY�. �"�"`.• l�FVIP WITNESS my hand �dsl seal, SINNER is REPREsl.'NT#4,a r0,w�� wr+torropogaKwa+.vr+a ....... =1URN COW OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE 'MrtR006ftbobw bow rp�MyM. t+wq rw++.r.w r w�++rtM ww tr iw"we"t wa/wwM t"wiJwrY INSTR CTit NS TO NQTM The following Information IS provided in an effort to expediter processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOB ALL S -The name and Interest of the signer should be typed or printed B,NfAM the signature. The name Must Do signsoexactly as It Is typed or printed. 11. SIGNATUREJ FOR INDMDUALA_-The name must be signed exactly as it Is printed or typed. The signer's interest In the properry must Do stalea. 01. jjQNATU8F§FOR M=CBAHIPS-Signing party must be either a general partner or be authorized In writing to have Ing aucnonry to sign Tor Ono cnno ins partnership. IV. SIGNATURFU FOjjCQj3PORATIObQ Documents s oula De signets Dy two tamcers,one from each of the following two groups: GROUP 1. a The Chair of the Board The President C Any Vice-Presldent GROUP 2. a The Secretary An Assistant Secreta c The Chief Financial Oer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the Instrument a certilled copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute Instruments of&type In question Is required. A currently valid power of attorney,notarized,Will suffice. Notart wtion of only one corporate nature or signatures from only one group,must contain the following phrase. and acknowledged to me that such corporation executed the within instrument pursuant to Its by-laws or a resolution of Its Board of;Directors". RE: Subdivision MS 39-91 (Parcel "C") EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcel '"C," as shown on the parcel map of Subdivision MS 39-91, on file at the County Recorder's Office as follows: Date: Book: Page: 1D-pt: GAGrpDamTh Svc\J0SEPHVon 981mc39.91.wpd