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HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-349 C.?4 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT', CALIFORNIA Adopted this Order on July 18, 2000 by the following vote: AYES: SUPERVISORS UILKIIyA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: SUPERVISOR GIOIA ABSTAIN: NONE RESOLUTION NO.: 2040/349 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of LP992056 Brian Fleury and Diablo Development Rights Claudia Fleury, husband And wife, as joint tenants 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. :kw ATTESTED: JULY 18, 2444 G:\GrpData\EngSvc1EO12000\13O 7-1s-oo.dac PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Originator: Public Works(ES) Contact:Rich Lierly(313-2348) BY ... ,Deputy cc: Recorder(via Clerk)then PW Records Current Planning,Community Development Brian and Claudia Fleury 1750 Alameda Diablo,Diablo,CA 94528 RESOLUTION NO. : 2000/349 111IIIII�II�1IIllilllN CCNU COSTA Co IIIIIIINIIIIII Recorded at the request of: STEPHEN L, WEIR Recorder d��1Ce Contra Costa County % SIR' Clerk-Recorder Public ening Department 0+i 5+�1 15`00 Engineering Services Check Numb•r i +r7 Return to: T, JUL 20 2000 13 Public Works Department FRE P� 11% 0; Records Section Tt 1 Pd )i8 88 Nbr-8888848489 Area: Diablo Road: Alameda Diablo iro1R9li—i9 Permit:LP992056 APN: 195-191-017&195-191-018 GRANT DEED OF DEVELOPMENT RIGHTS (Restricted Development Area-Creek Structure Setback) To meet condition of approval number 14 of Permit LP992056,Brian Fleury and Claudia Fleury, Husband and Wife, as Joint Tenants, (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 MS 22-93, situated in the County of Contra Costa, State of California, and more particularly described in Exhibits "A"and"B". Development rights are defined to mean and refer to the right to 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 successor, said proposed construction shall not be performed. Grantee or successor may condition approval of any proposed construction upon prior or subsequent performance of such conditions, as Grantee may deem appropriate. The undersigned executed this instrument on Brian Fleury and Claudia Fleury, Husband and Wife, as Joint Tenants S ip Owner ln dia Fleury, Owner (See attached notary) JAH:kw G:1GrpDWA\EngSvc\lorgc\2000Uonet205699DE.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER O XthM.before me, t 1h- M ! Though statute does not require the Notary to fill IYATE II NAME,T17LE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC' In the data below,doing so may prove invaluable 1P I to persons relying on the document, personally appeared NAME(S)OF SIGNER(S) 0 INDIVIDUAL 0 personally known to me-OR�'provided to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED r the same in his/her/their authorized 0 GENERAL MARY S.BAPI capacity(ies),and that by his/her/their 0 ATTORNEY-TN-FACT COMM.>r 1249e37 ature(s)on the instrument the person(s)or NOTARY PUBLIC-CALIFORNIA 0 TRUSTEE(S) the ntity upon behalf of which the person(s) CONTRA COSTA COUNTY () 0 GUARDIAN/CONSERVATOR COMM.EXP.PEBL it,2w4 r acte ,execute the instrument. l7 OTHER: W S y hani seal, SIGNER IS REPRESENTING: l flicia % (NAME OF PERSON(S)OR ENTITY(IES)i 51GNATU N Y OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRU!QTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. EQR 4LL SIGNAII=S -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as It is typed or printed. IL SIGNATURE5 EOR UALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNS S FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign organ in the partnership-. IV. Documents should a signed y two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board b The President c Any Vice-President CROUP 2. a The Secretary NAn Assistant Secretary CNThe Chief Financial Officer The Assistant Treasurer If signatures 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 authorizing the person sip ung the instrument to execute instruments of the type in question Is required. A currently valid power of attorney,notarized,will suf Ice. Notarization of only one corporate signature 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." JC.mw Rev.May 9,1494 -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na.5847 State of County of lino8a 16% On UNt1..1 0 before me, j ©ATE } NAME,TITLE OF OFFICER•E.G., JANE DOE.NOTARY PUBLIC" ' I� _ , personally appearedLE NAM S)OF SIGNERS) Ci personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aft- subscribed to the within instrument and ac- knowledged to me that-he/she/the -executed the same in 4:ks/her/the4i- authorized capacity(ies), and that by_h s/her/tom MARY S.DAPI signature(s) on the instrument the person(s), COMM.a1249s3T or the entityupon behalf of which the NOTARY PUBLIC-CALIFORNIA p CONTRA COSTA COUNTY person(s) acted, executed the instrument. COMM.EXP.FER 11,20" WIT E and and official seal. SIGN RE OF NOTARY L. O PTI Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION Of ATTACHED DOCUMENT ® INDIVIDUAL _ CORPORATE OFFICER Im (} ` lattoff TITLE OR TYPE OF©OCU TITLES) C 1 tri C� PARTNER(S) D LIMITED Cl GENERAL CD ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) CD GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: J/ NAME OF PERSONrye S)OR ENTITY(IES) N� 7�e, SIGNER(S)OTHER THAN NAMED ABOVE IC1993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 June 27, 2000 Job No. 93109 Land Use Permit: 2058-99 EXHIBIT 'A' :LEGAL DESCRIPTION `%RESTRICTED DEVELOPMEIVT AEA- CREEK STRUCTURE SETBACK' All that real property situate in an unincorporated area of the County of Contra Costa, State of California, described as follows: Being a portion of Lots 119, 122 and 123 as shown on the map entitled "Mount Diablo Estate Park Subdivision, First Unit" filed May 6, 1916, in 'volume 15 of Maps at Page 301. Contra Costa County Records, more particularly described as follows: Being a portion of Parcels 'A' and 'B' as shown on that certain Map recorded. February 13, 1996, in Book 168 of Parcel Maps at Page 32, Contra Costa County Records, further described as follows: Commencing at the point of intersection the westerly line of said Lot 119 with the centerline of Alameda Diablo; thence leaving said Point of Commencement along said westerly line of Lot 119, South 13059'03" West, 65.266 meters to the True Point of Beginning; thence leaving said True Point of Beginning and said westerly line of Lot 119, at right angles, South 76100'57" East, 25.331 meters; thence North 47020'00" East, 13.813 meters; thence North 83°23'00" East, 17.574 meters, thence South 76°00'57 ' East, 30.631 meters; thence South 13059'03" West, 46.690 meters; thence along a curve to the left, having a radius of 182.871 meters, the center of which bears South 24°06'35" West, through a central angle of 25°17'46" for an arc length of 80.738 meters to a point on said westerly line of Lot 119; thence along said westerly line North 13059'03" East, 32.496 meters to said Point of Beginning. 4 ESSI0F. ���.� No. 22 CIVl\- OF GA-A� Pates C1 P 1 AL.AMEDA. DIABLO PARCEL A PARCEL B ® 30,631 m svt -rUe PO'Nr OF,� � / ZS, 331J?� rJ r rs RESTRICTED DEVELePME.NT AREA ► cn t1,M t DIABLO •®. � ... ... F. 'a¢ rn No. 22485 ' �o "'"�G�• ( suis EXHIBIT DeBolt Civil Engineering PLAT TO ACCOMPANY PDeu sin ftm Vanity bulaywd ►b� LEGAL DESCRIPTION Ot W111t;