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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-233 1.15 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 June 5, 2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2001/233 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 MS 113-88 Samuel Stewart Clayton Development Rights Jacqueline Stewart (Creek Structure Setback) Samuel N. Stewart Thomas Erik Stewart 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. G:\GrpData\EngSvc\BO\2001\BO 6-5-Ol.doc Cl-:lap Originator: Public Works(ES) ATTESTED: June 5 2001 Contact:Rich Lierly(313-2348) 7 JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Recorder(via Title Company)then PW Records County Administrator Current Planning,Community Development BY: _ DEPUTY RESOLUTION NO. 2001/233 Recording Requested By: Contra Costa County Return To: Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 Document Title(s) GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) Subdivision MS 113-88 Recorded at the request of : 4- �3 Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Clayton GRANT DEED OF DEVELOPMENT RIGHTS Subdivision: MS 113-88 APN: 080-110-006 (Creek Structure Setback) To meet condition number 5 .A. 5 of Subdivision number M.S . 113-88, We, Samuel Stewart and Jacqueline G. Stewart, Samuel N. Stewart, and Thomas Erik Stewart, (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 Parcel "A" of Subdivision M.S . 113-88 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 within the areas marked "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 said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate . 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 or its successor shall have sixty (60) days from receipt of such proposal in which to grant its approval or disapproval . Failure by Grantee or its successor to respond in said time eriod shall be equivalent to the approval of such p osa Date: i f 9 197 (Owner) Lkl Ste rt Date : '"` 9 S 9) ( n J el .ne Itewa t Date : 4 9 (Ow er) Samuel N. gwart _ £- 1 lC Date It Thomas Erik Stewart -�-n acqueline G. Stewart Attorney In Fact State of Ca 'forma County of On �i� �bef ore me, the rsigned, a Notary Public in and r s id Staly appeared r personally 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 acknowledged 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. WITNESShand and official seal. PON n'i' BETTY L. OPIR f co,Vrbbi. v icy Fi.'vfARY FL'f'UG-all IF01IR A Signature CQs`�ETiA COSTA COUNT' - 4y Comm. Exp€cs Ady 30, 19 Name (typed or printed) (Seal) State of Cal'fo a County of On 6 ZQ? ' before me, the undersigned, a Notary Public in and for said State, personally appeared personally 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 acknowledged 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. _ D. CONNORS COMM. 1066920 m NOTARY PUBLIC.CALIFORNIA CONTRA COSTA COUNTY Ow Comm.Expires Aug.25.1999 Signature Name (typed or printed) (Seal) State of Cal'fornia County of On (o q q before me, the undersigned, a Notary Public in and for id Stat , personally appeared personally Down to me (or proved to me on the basis of satisfactory evidence)- to vidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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. BETTY L ORS 17 .- 0, :yam �'} , CC LIn : .3 . ,n t4oTAF"i? 7.6--L'AL!FOF'E-�A q Signature s??� CCNTRA C TJX Chi tI7Y r My Comm EY sra3J tty U, 48 8 Name (t ed or printed) (Seal) MS 113-88 (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 Parcel A, designated as "Restricted Development Area (Creek Structure Setback)", shown on the parcel map of Subdivision MS 113-88, on file at the County Recorder's Office as follows: Date: Book: Page: 7D:mw G:\Grp Data\EngSvc\Forms\EXHIBITS WORD\EXHIBIT-A.doc Re+N'April 2,2001