HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-139 111111111111111111 IN 111411111111111111111111111
CONTRA COSTA Cc Recorder Office
Recorded at the request of: STEPHEN 1, WEIR, Clerk-Recorder
Contra Costa County DOC— 2000-0@62783-00
Flood Control and Water Conservation District
Return to: W, MAR 29, 2000 14:04:07
Public Works Department FRE 60.00
Flood Control Division Ttl Pd 60.00 Nbr-0000847797
lrc/R9/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Order on March 28, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCLAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2000/139
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Grant Deed Freedom H.S. Liberty Union High School District Oakley
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 date shown.
ATTESTED: MARCH 28, 2000
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By Deputy
G:\GrpData\FldCtl\Hdministration\Board Orders\2000 BO\Reso GrantDeed-FHS.doc
Orig.Dept.: Public Works(Flood Control)
Contact Person: Neil Leary(313-2278)
cc: Recorder(via Clerk of the Board)then PW Records
RESOLUTION NO. : 2000/139
' s -
Recorded at the request of:
CONTRA COSTA COUNTY
Flood Control and Water Conservation District
Return to:
Flood Control Engineering, Attn.: Neil Leary
Public Works Department, Flood Control Engineering
Project No.: Freedom High School (File:3030C-06)
APN: 034-050-003
GRANT DEED OF DEVELOPMENT RIGHTS
In order to secure full payment of the Drainage Area 30C fee, which is now due and
payable pursuant to Contra Costa County Flood Control and Water Conservation District
Ordinance No. 98-57, for the real property shown as APN 034-050-003, (owner(s)) hereby
grant(s), subject to the following right of reversion, to the Contra Costa County Board of
Supervisors as the governing Board of the Contra Costa County Flood Control and Water
Conservation District, Grantee, and its governmental successor or successors, the future
"development rights,"as defined below over a portion of that real property known as APN
034-050-003 situated in the City of Oakley, County of Contra Costa, State of California,
and more particularly described in Exhibit A (hereinafter referred to as the "Restricted
Development Area").
"Development rights" are defined to mean and refer to the right to approve or disapprove
of any proposed construction, development or improvement within the "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 the said Restricted Development Area unless and until
the reversionary condition described below (being payment of Drainage Area 30C fees for
the Restricted Development Area ) has occurred.
Any owner or owners of all or any portion of the Restricted Development Area desiring to
develop any improvement requiring the approval of Grantee or its governmental successor
herein shall submit to such entity a written proposal describing the nature, extent, and
location of such improvement. Grantee or its governmental successor may condition its
approval of any proposed construction upon prior or subsequent performance of such
conditions as Grantee may deem appropriate until such time as the reversionary condition
described below occurs.
PAGE-1-
REVERSIONARY CONDITION
Notwithstanding all the foregoing, upon the payment in full of all Drainage Area 30C fees
for the Restricted Development Area that are due at the time of such payment and at the
current rate when payment is made, all rights, privileges, title and interest granted above
shall automatically revert to the undersigned owner of the Restricted Development Area,
or the successor(s) in interest of such owner. By recording this instrument, Grantee agrees
that upon payment being made, Grantee, or its successor(s), shall thereupon record a full
reconveyance to said owner, or its successor(s) of all rights, privileges, titles and interest
created by this instrument or arising hereunder.
[Owner/Grantor's Name] Contra Costa County
Board of Supervisors
X-47 f6l"01
By::�"- By:
Daniel M. Smith, Superintendent Board Ch6r
Pursuant to Board Resolution 00-
ACKNOWLEDGMENT
State of California )
)ss
County of Contra Costa )
On Feb- 29, 20oO before me, Notary Public in and for the State of California,
personally appeared Don4l M. Sm14-6 known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s)is/are
subscribed to the within instrument and acknowledge to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by 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.
WITNESS my hand and official seal.
i12OU
[Signature] �y _OoM0rt110
NM cartm�FW toot
PAGE-2-
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DESCRIPTION:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF OAI=, COUNTY OF
CONTRA COSTA, CALIFORNIA, BEING A PORTION OF THE SOUTHWFAST QUARTER OF
SECTION 35, TOWNSHIP 2 NORTH, RANGE 2 EAST, MOUNT DIABLO MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE ALONG THE
EAST LINE OF SAID SECTION 35 NORTH 0002'05" EAST 945.08 FEET TO A
POINT; THENCE LEAVING SAID EAST LINE, NORTH 8957155" WEST 55.00 FEET TO
THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE FROM SAID POINT OF
BEGINNING NORTH 8957155" WEST 386.00 FEET; THENCE NORTH 0005153"
EAST 340.71 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN THE DEED TO
EDWIN L. O'HARA RECORDED JULY 21, 1921 IN BOOK 395 OF OFFICIAL RECORDS AT
PAGE 367 CONTRA COSTA COUNTY RECORDS; THENCE ALONG SAID SOUTH LINE
(395-OR-367) NORTH 89058'01" EAST 385.62 FEET; THENCE ALONG A LINE
PARALLEL TO AND 55.00 FEET WEST OF SAID EAST LINE OF SECTION 35 SOUTH
0002'05" WEST 341.17 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.02 ACRES MORE OF LESS.
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