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Home My WebLink AboutRESOLUTIONS - 01012001 - 2001-408 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 Resolution on September 11, 2001 by the following vote: AYES: Supervisors Gioia , Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 2001/ 408 SUBJECT: Authorize Acceptance of Grant Deed of Development Rights(Scenic Easements)for Subdivision MS 51-90 being developed by Frank- E. Wetzel and Mary Jane Wetzel, Brentwood area. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of MS 51-90 Frank E. Wetzel Brentwood Development Rights and Mary Jane Wetzel (Scenic Easements) 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: September 11, 2001 CL:Iap:gpp JOHN SWEETEN, Clerk of the Board of Supervisors and G:\GrpData\EngSvc\BO\2001\BO 9-11-Ol.doc Originator: Public Works(ES) County Administrator Contact:Rich Lierly(313-2348) cc: Recorder(via Title Company)then PW Records Current Planning,Conummity Development By Deputy RESOLUTION NO. 2001/ 408 Recorded at the request of: CONTRA COSTA COUNTY Public Works Department Engineering Services Division Return to: Public Works Department Records Section Area; Marsh Creek Road: Deer Valley Road County Road No. : 7341 Project: M.S. 51-90 Assessor's No. : 007-090-018 GRANT DEED OF DEVELOPMENT RIGHTS To meet condition number 4 of Subdivision number MS 51-90, 1, Frank E. Wetzel and Mary Jane Wetzel (owner) hereby grant to the County of Contra Costa, a governmental 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, B, C, D of Subdivision number MS 51-90 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 (except the erection of agricultural related buildings or structures anywhere on the site, subject to zoning related setbacks) within the areas marked "restricted development area." The "development rights are and shall be a form of nega- tive easement which shall run with the said property and shall bind the cur- rent 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 of 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 period shall be equivalent to the approval of such proposal. (Owner) (owner)/,;5�-` State of 1, iA County of (Single Form) personally Effective I/1/91 y know'n to me (or the person(s) whose F CALL�QRNIA nowledged to me that ATE 0 SS. capacity(ies) , and OUNTY OF J person(s) , or the the instrument. On befor rqe,t under igned,a Notary Public in and for said State, personally appeared _��..red 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/ = of California her/their authorized-caps r!/�b and that by his/her/ signature(s) on the instrument the person(s), or the entity upon beha fwl the person(s)acted,execute e instrument. WITNESS m and d official seal, A Rosamond Joh song d Johnsong Comm.#953264 S nature 0 #953264 NOTARY PUBLIC CALIFORNIA C CALIFORNIA) :STACOUNrY 0 (typed or print FTG-3197 (This area for official notarial seal) MS 51-90 (Scenic Easements) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels A,B, C, and D designated as"Restricted Development Area(Scenic Easements)", shown on the parcel map of Subdivision MS 51-90, on file at the County Recorder's Office as follows: Date: Book: Page: JD:mw G:\GcpData\En Svc\Fomis\EXHIBITS WORD\EXHIBIT-A.doc