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Home My WebLink AboutRESOLUTIONS - 01011998 - 1998-653 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 December 15, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Qmciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/553 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRI.JMENT 1` EEELNNCF GRANTOR Grant Deed of Subdivision Byron Seventy-Eight Byron Development Rights MS 910039 (Environmental Reserve) (Parcels B, C&D) 1 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 rn rnW date shown. C3:ftDatalEnrSvolB0\1998113{)12-15-98.doc ATTESTED: a OrWnstor: Public Works(ES) PHIL BATCHELOR, Clerk of the Efoard Contact:Rich Lierly(313-3348) of Supervisors and County Administrator «: Recorder(via Title Co.) Development c t By Deputy Recorded at the request of: Contra Costa County Public Works Deparunent Engineering Services Division Return to: Public works Department Records Section Area: Byron Road: Bixler Road at Highway 8 County Road No.: 9163 A Subdivision: MS 39-91,Parcels B,C&D APN: 011-220-022 GRANT DEED OF DEVELOPMENT RIGHTS (Environmental Reserve) To meet condition of approval number 12 of Subdivision MS 39-91 and condition of approval number 4 of DP 3031-91, 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 kovernmental successor or successors,the future"development rights," as defined herein below over portions of that real property known as Parcel B,C&D 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 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,which approval will not be withheld if Owner meets all of the then existing conditions of approval issued by Grantee,under new application,as conditions precedent to development of said property,said proposed construction shall not be performed. 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 could consider a future quitclaim of a portion of said property back, subject to appropriate environmental review and entitlement action. j The undersigned executed this instrument on Ay d V . /+', j9 9 M01). BYRON SEVENTY-EIGHT, a California General Partnership By: (Print uz , General Partner attached notary) h'NA/QKF %.7. 1 o AL1471eo Rhmw VWESSI WLtiRDATA1GMI)xta\&SSvcUOSEPHkOctoba 98\GDDR M3 39-91.doc KNOWLEDGEMENT Stais of ,3.s OPTIONAL SECTION County of 4 c)�.c��yew. {ety� CAPACITY`CLAIMED BY SIGNER On before mer �'� liY o - �LA f1a InThothe Male dol.dol 1"Yltrt IIN NOti[)t to nnr sa.. iNt In the data below,doing so msy Itf- valuabie to persons relying on the rets Wson0y appeared 0 INDIVIDUAL D personally known to me-OR-l�provkled to me on the basis of selisfaftry 0 CORPORATE OFFICER(S) evidence to be the pawn(*)whose name(s)is/are si�rrrr+r++ �� subscribed to the within Instrument and �PARTNER(S) Cl LIMITED +.• A�( G.1+1/{� , acknowledged to me that ho/shaftey D GENERAL + tt°..=••••••••. executed the some In hislherAheir ON *`•• authorized arpecMies),and that by d TRUSTEE(S) N-FXCT histherhheir signsture(s)on the O GUARDIANJCONSERVATOR Instrument the person(s)or the entity 01 � upon behalf of which the person(s) OTHER: acted,executed the insburneft r~i+�' •`' �l�t.+•'• �•*� WITNESS my hand andseal, SKIMIER fa REPRESENTING: t++�rrrrrr�4*� 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 ABOVr- • V WA% " . INSTRUCTIONS TO NOTARY The following Information IS;provided In an effort toexpedite processing of the documents. Signatures required on documents must comply wlthi e following to bb acceptable to Contra Costa County. I. FOR,ALL Tile name and Interest of the signer should be typed or printed BEL�jZM the signature. The dame mus a signed eexactly as it is typed or printed. II. SIQNMRC§FOB or� The name must be signed exactly as it Is ranted property mu e s a tea. P ` The signers interest in the Ill. JIGNATUBAAE2R PA31 E ft�S-Signing party must be either a general partner or be authorized In writing to have Me au or o n or an n re partnership. N. LIIGNATU S FOR C �� ..acumen shouldn o cen,one from each of the following two groups. GROUP 1. a The Chair of the Board The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary 9 c The Chief Financial Or The Assistant Treasurer If Signatures of oNicets from each of the above two groupsdonot appear on the instrument a certified co of a resolution of the Board of Directors authorizing the person aligning the tr ment to execute Instruments of the type In queadon Is required. A currently valid power of attorney,notarized,velli suffice. Notarization of only one corporate Signature or signatures from only onsroup,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". Subdivision MS 39-91 (Parcels B,C&D) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California,described as follows: All of Parcel"D,"and a portion of Parcels B and C,designated as"Restricted Development Area(Environmental Reserve),"as shown on the parcel reap of Subdivision MS 39-91,on file at the County Recorder's Office as follows: Date: Book: Page: JD:mw {iA t D&a\EnSvcV0SEPH\0cu)W 981Exh{bit A M5 39-9i.doc