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Home My WebLink AboutRESOLUTIONS - 01012001 - 2001-536 • /fes Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 6, 2001, by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 536 SUBJECT: Acceptance of Grant Deed of Development Rights (Delay of Private Road Construction) for Subdivision MS 72-90, granted by Olesen Trust and Duke Trust, Clayton area (District IV). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Subdivision MS 72-90, Olesen Living Clayton IV Development Rights conditions of approval Trust and the Burton (Delay of Private 8M), 8A4) and 8B. H. Duke and Road Construction). Constance B. Duke Trust I hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact:Joseph DiMaggio(313-2345) on the date shown. G:\GrpData\EngSvc\BO\2001\BO 11-6-01.doc JD:lad cc, Recorder(via Title Corrrpany)then PW Records Current Planning,Community Development ATTESTED: November 06, 2001 Ann: Rose Marie Pietras Olesen Trust and Duke Trust JOHN SWEETEN, Clerk of the Board of Supervisors and 2776 Foothill Road Pleasanton,CA 94566 County Administrator By /J �� .� � ,Deputy RESOLUTION NO.2001/ 536 Recorded at the request of: Contra Costa County Board of Supervisors 6 .14Return to: Public Works Department Engineering Services Division Records Section Area: Clayton Subdivision: MS 72-90 APN: 078-100-008 GRANT DEED OF DEVELOPMENT RIGHTS (Delay of Private Road Construction) To meet conditions of approval numbers 8A3), 8A4) and 813, of Subdivision 72-90, Olesen Living Trust, dated March 19, 1979 FBO Orville and Betty E. Olesen and The Burton H. Duke and Constance B.Duke Trust,dated January 31,1980(Residuary Trust B-1)(Owners)hereby grant to the County of Contra Costa, a political subdivision of the State of California (Grantee) and governmental successor or successors of said county,the future development rights,as defined herein below, over all of that real property known as Parcels "A, B, C and D", of Subdivision MS 72-90, 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. 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 Owner of all or any portion of said property.In the event of a disapproval of proposed construction by Grantee,or successor Grantee,said proposed construction shall not be performed.It is understood that Grantee, or successor Grantee,will condition the approval of the first building permit for any of the parcels described in Exhibit"A"upon the construction of a 20-foot wide road,with a turnaround at the end, to County private road standards(per conditions of approval 8A3), 8A4) and 8B of Subdivision MS 72-90)or assurance by Owner in the form of a subdivision agreement with related cash and surety bonds guarantying said construction and in addition, prior or subsequent performance of such conditions as Grantee,or successor Grantee,may deem appropriate. It is also understood that Grantee, or successor Grantee,will quitclaim those development rights back to Owner or future Owner,when the above mentioned road construction is completed or assured. The undersigned executed this instrument on 10-23-01 (Date). Olesen Living Trust, dated March 19, 1979 FBO Orville and Betty E. Olesen and The Burton H. Duke and Constance B. Duke Trust, dated January 31, 1980(Residuary Trust B-1) Orville Olesen,trustee (Olesen Trust). Betty E. O)esen, trustee(Olesen Trust). Constance B. Duke, trustee (Duke Trust). (See attached notary) G:\GlpData\EngSvc\JOSEPH\2001\Octobu\MS 72-90 DE-lAm ID)ad Subdivision MS 72-90 (Delay of Private Road Construction.) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Parcels"A,B,C and D",as shown on the parcel.map of Subdivision MS 72-90,on file at the County Recorder's Office as follows: Date: Book: Page: G:\GrpData\EngSvc\JOSEPH\200]\Octobet\MS 72-90 EX-A Pry Rd.doc JDAad CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA OPTIONAL SECTION County of ALAMEDA CAPACITY CLAIMED BY SIGNER On 10-23-01 before me, T. Mayberry Though statute does not require the Notary to Till in DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC- the data below,doing so may prove invaluable to personally appeared Orville Olesen and Betty E. Olesen persons relying on the document. NAME(S)OF SIGNERS) ❑ INDIVIDUAL ❑ personally(mown to me-OR-Q(proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are 71TLE(S) T. MAYBERRY subscribed to the within instrument and acknowledged to me that he/she/they executed U COMM #1318236 ❑ PARTNER(S) ❑ LIMITED ' NOTARY PUBLIC-CAUFORNIA 6) the same in his/her/their authorized ❑ GENERAL ALAMEDA COUNTY n capacity(ies),and that by his/her/their ATTORNEY-IN-FACT _4PCOMM.EXP.SEPT.6,2005_' signature(s)on the instrument the person(s)or TRUSTEE(S) the entity upon behalf of which the person(s) acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR ❑ OTHER: WITNESS my hand and o Ic 1 seal, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTTTY(tES)) SIGNAT OF R 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 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 SIGNATURES - 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. SIGNATURES 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. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be 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. Ia The Secretary b An Assistant Secretary c The 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 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 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 \\PWS4\SHARDATA\GrpDataTngSvc\Foms\WORD FORMS\ALL PURPOSE NOTARY.doc Rev;AugasFl,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Calif orni a OPTIONAL SECTION County of Al ameda CAPACITY CLAIMED BY SIGNER On 10-23-01 before me, T. Mayberry Though statute does not require the Notary to till in DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC- the data below,doing so may prove invaluable to personally appeared Constance B. Duke persons relying on the document. NAMES)OF SIGNER(S) ❑ INDIVIDUAL D personally known tome-OR-❑X proved to me on the basis of satisfactory evidence to ❑ 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) ❑ LIMITED r. the same in his/her/their authorized p GENERAL U F AYBERRY capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT r M.#1318236 signatures)on the instrument the person(s)or XJ TRUSTEE(S) UBUC-CAUFORNIA ►O the entity upon behalf of which the person(s) EDA COUNTY Q acted,executed the instrument. 0 GUARDIAN/CONSERVATOR COMM.EXP,SEPT.6,2005-+ 0 OTHER: WITNESS m hand and officia SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNAT OF Nov 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 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 SIGNATURES - 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. SIGNATURES 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. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board bThe President c Any Vice-President GROUP 2. Ia The Secretary b An Assistant Secretary c The 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 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: It ...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:m \\PWS4\SHARDATA\GrpDea\EngSvcTorr WORD FORWALLPURPOSE NOTARY.doc wlie "Au$u`sf;7;200i