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HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-421 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 COUNTY, CALIFORNIA Adopted this Order on September 12, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCLAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.: 2000/421 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRI_.TMENT REFERENCE GRANTOR AREA Grant Deed of Subdivision MS980015 Carol A. Davis, Trustee Brentwood Development Rights of the Davis Family Trust. (Approximate Creek Structure setback) 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. JD.gpp G:\GrpData\EngSvc\B0\2000\30 4.12-OO.doc Originator: Public Works(ES) ATTESTED: .r,FWFmB P 12, 2100 Contact: Rich Lierly(313-2348) PHIL BATCHELOR,Clerk of the Board of Supervisors and cc: Recorder(via Title Company)then PW Records County Administrator Cunt Planning,Community Development BY ,Deputy IV RESOLUTION NO. : 2000/421 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Brentwood Subdivision:MS980015 APN:003202-033 GRANT DEED OF DEVELOPMENT RIGHTS (Approximate Creek Structure Setback) To meet condition of approval number 27 of Subdivision MS980015, Carol A. Davis,Trustee of the Davis Family Trust, (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 Parcels A and B of Subdivision MS980015, 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 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 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. Prior to the issuance of building permits for any structure proposed within the approximate structure setback area, Owner shall verify that the proposed building site is located outside the structure setback area as outlined in Chapter 914-14,"Rights of Way and Setback"and as defined by Section 914-14.012,"Structure Setback Lines for Unimprovement Earth Channels"of Title 9 of the County Ordinance Code. Owner will be required to substantiate the structure setback line with representative creek cross sections. Existing structures may be exempted from the structure setback area. The undersigned executed this instrument on _ s Z Z IQ2 (Date). Carol A. Davis,Trustee of the Davis Family Trust (sipature) Carol A. Davis (See attached notary) JD:>"r April 27,2000 Gr:\GrpData\EngSvcVOSEPH\2000\April\Great Deed MS980015.doc / CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 1 r ! OPTIONAL SECTION County of d � j CAPACITY CLAIMED BY SIGNER On 7 before me, � Though statute does not require the Notary to fill ATE NAME,TITLE OF FFICER E.G„"JANE DOE,NOTARY PUBLIC^ in the data below,doing so may prove invaluable ��^^ f to relying on the document. personally appeared �G LL+'� � ✓ Persons y g NAME(s)OFSIGNER(S) ❑ INDIVIDUAL C personally known tome-OR-,_7-frovided tome on the basis of satisfactory evidence to L 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 ❑ PARTNER(S) D LIMITED the same in his/her/their authorized ❑ GENERAL C. FLOWERS capacity(ie and that by his/her/their C ATTORNEY-IN-FACT Comm. # 117313 1 U� signatu an the instrument the person(s)or C7 TRUSTEE(S) "�► ', h0?AAY �!5 IC CALIFpRN1A .. the en I upon behalf of which the person(s) acts exec d t instrument. C GUARDIAN/CONSERVATOR C OTHER: €e` 9,2C 2 w E m an �0�f �ia al, SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OF NOTARY 0 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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 INSTRUCTIONS 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. I. FOR ALL SIG tAD=,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. II. SIGNATURE�FOR INDIVIDUALS_The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNAMIgS FOR P411 S-Signing party must be either a general partner or be authorized in writing to have the authority to sign or an Jn a partnership. IV. Documents should a signed by 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 GROUP 2. al The Secretary b An Assistant Secretary c The Chief Financial Officer d 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 signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate *signature or signatures from only one group,must contain the following phrase: "...and aclmowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:kw Rev.May J.1944 MS980015 (Approximate Creek Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels A and B, designated as "Restricted Development Area (Approximate Creek Structure Setback)", as shown on the parcel map of Subdivision MS980015, on file at the County Recorder's Office as follows: Date: Boole Page: ID:kw G:\Gippata\Engsvc\JOSEPH\2000\April\Exhibit A Ms980015.doc April 27,2000