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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-065 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 February 12, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ 65 SUBJECT: Acceptance of Instrument for Grant Deed of Development Rights (Creek Structure Setback) for Subdivision MS 7--01, being developed by Henry F. Pereira, et. al., Martinez area(District II). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 7-01 Henry F. Pereira, et. al. Martinez II Development Rights (Creek Structure Setback) I hereby certify that this is a true and correct copy of an action. G:\Grprfata\EngSvcl$b\2002\2-12-02VviS 7-01 130-27.doc taken and entered on the minutes of the Board of Supervison CL:lad on the date shown. Originator: Public Works(ES) Contact:Rich Lierly(313-2348) ATTESTED: February 12, 2002 cc: Recorder(via Titleany)then PW Records Current Planning,Commrrununity Development JOHN SWEETEN, Clerk of the Board of Supervisors ant Henry P.Pereira,et.al. County Administrator 6140 Alhambra Valley Martinez,CA 44553 BY: RESOLUTION NO.2002/ 65 Recorded at the request oft Contra Costa County Public Works Department Engineering Services Return to. Public Works Department Records Section Area. Martinez Subdivision: MS 7-01 APN. 365-026-033 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet conditions of approval numbers 15 and 20 of Subdivision MS 7-01,we,Joseph W.Pereira and Dorothy L. Pereira, co-trustees of the Joseph W. Pereira Family Trust, dated July 13, 1998,as to an undivided 1/3 interest;Ernest J.Pereira and Janet Y.Pereira,as trustees of the Ernest J. Pereira and Janet Pereira Family Trust (created by a declaration of trust dated February 15, 1995) as to an undivided 1/3 interest and Henry F. Pereira and Marjorie A. Pereira,co-trustees of the Pereira Family Revocable Living Trust,dated August 15,1996,as to an undivided 1/3 interest, (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 MS 7-01 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 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 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. The undersigned executed this instrument on f' e 1/0g- - (Date). Joseph W.Pereira and Dorothy L.Pereira,co-trustees of the Joseph W.Pereira Family Trust, dated July 13, 1998,as to an undivided 113 interest;Ernest J.Pereira and Janet Y.Pereira,as trustees of the Ernest J.Pereira and Janet Pereira Family Trust(created by a declaration of trust dated February 15, 1995)as to an undivided 1/3 interest and Henry F.Pereira and Marjorie A.Pereira,co-trustees of the Pereira Family Revocable Living Trust, dated August 15, 1996, as to an undivided 1/3 interest. (Signature) C*d (sire ) "l. `"Y`-"' oseph W. Pereira Owner i net Y. eira, owner (signature) A - - (Signature) CZ—1 tnd � Dorothy L ereira, Owner Renry F. ereira, Owner (Signature) `�' '�bow= .- ® _-_ ,r (Signature) +ttG t./iB.s+tl✓ Ernest J. Pereira, Owner Marj ie A. Pefeira, Owner (See attached notary) rnw NTWS.1SHA=ATA\GrpDatalEngsvc\FomutDE WORMDEA.doc Rev.October 9,2001 MS 7-01 (Creek Structure Setback) EXH1131T "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 7-01, on file at the County Recorder's Office as follows: Date: Book: Page: JD:ni w GAGrpData\EngSvcWorrw\EXWBITS WORMEXHMIT-A.doc ugust 30,1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT state of Calif o r n i a OPTIONAL SECTION f S o l a n o CAPACITY CLAIMER BY SIGNER '� mer y ona dson On before me, Though statute does not require the Notary to fill In A`— NA nn x of O ti.,"1 Trot T X Y c" the data below,doing so may prove Invaluable to Henry F. P e r eT a a n d M 2t� o r 1 e A„ Y e r e i i apersons relying on the document. personally appeared NAWS)or sroNER(s) 0 INDIVIDUAL 0 personally known tome-OR-XD(proved tome on the basis of sM010*"Athin ctory evide t 0 CORPORATE OFFICER(S) be the parsehose no (s r r TITLE(s) subscribed t in and acknowled d to t khe executed 0 PARTNER(S) d LIMITED the same' eir uo 0 GENERAL capaci e ,and t y hi ! er 0 ATTORNEY-IN-FACT signatu the instrument t iso r KIMBERLY L.tX7N DSO the en#i on behalf of which the pars s) 0 TRUSTEE(S) Collirnissio t it 1209165 x� acted,executed the instrument. 0 OTHERGUARDlAN1Ct?N5ERVATC7R Notary Public — C alifcx rich S 0 c7THER: Soitano County ESS y n d al seal, SIGNER IS REPRESENTING: pvtyr Ccs nm.Exres.;can 2d,2t33 (NAM of rERsoNts>OR ENTrrvt�s>l ETON OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Grant Deed of I?ev. Rig is TO THE DOCUME14T AT RIGHT. Number of Pages ) Though the data below is not required by law,it may prove valuable Date of Document signed (}1 14 f 2 to persons relying on the document and could prevent fraudulent Signer(s)Other Than flamed Above re-attachment of this form INSTRUCTIONS TQ 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. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENE TI-I the signature. The name must be signed exactly as it is typed or printed. IL SLQA&jl=FOR INDIVIDUAALS--Theliame must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGN :- F R IFPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and in the partnership. IV. SIGNATURES E�.?RuG'�RL'f�1RA'�I�'I_C} g Documents� hould be signed by officers,one from each of the following two groups: GROUP 1. a The Chair of the Board tib))The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary C The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two croups 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 onl�y 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." \\t"\SH"DATA\0rpDft%WwWo=\WORD FORWAU KWOSE NOTARY.&c CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT California OPTIONAL SECo ano SECTION [on ate of ounty of CAPACITY CLAIMED BY SIGNER 01 /14/02 Kimberly L. Donaldson Though statute does not require the Notary to fill In ,before me, , rie4TENAM,TrrLE OF OFFICER E.O.,'JANE DOE,NOTARY Fuguc" the data below,doing to may prove Invaluable to Ernest J. Pereira and Janet Y. Peres apersons relying on the document. personally appeared NAhffi(S)of SItiNER(S) o INDIVIDUAL 0 personally known tome-OR-OKproved to me on the basis of s story evid e t 0 CORPORATE OFFICERS) be the Pers (s) hose na c(s i re TITLES) subscribedwithin within I d acknowtedg to fF the executed 0 PARTNER(S) 0 LIMITED the s h their tho 0 GENERALcapaci ies and y h thei 0 ATTORNEY-IN-FACT signatu the instrument t s or 0 TRUSTEE(S) KIMBERLY L.DCNAlDSON the enti upon behalf of which the per 0 GUARDIAN/CONSERVATOR Commission# ---- I-- acted,executed the in I. 0 OTHER: @MY Notary Public-�---CovomlaSolana County E5 my nd 1 sea, SIGNER IS REPRESENTING: Comm.bpkm Jan 24,2003 _ (NAME OF PERSONITY S)OR ENT (rES)l Si0 ATiJRE OF NOTARY OPTIONAL SECTION Grant THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document I3 e e d o f D e V e l t3 p m e n t It i g h t s TO THE DOCUMENT AT RIGHT. Number of Pages 1 Though the data below is not required by law,it may prove valuable Date of Document 01 / 14/02 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 naive and interest of the signer should be typed or printed BENEATH the signature. The name must be signs exactly as it is typed or printed. II. SLQNATj=FOR INDIVI"I1UA -The"name must be signed exactly as it is printed or typed. The signer's interest in the property must be stat. in. SIQNAIMS FOR PARTtie pHIPS - Si ng party must be either a general partner or be authorized in writing to have e authority to sign for _ artners tip. IV. SIGNATURES FOR CORPORATIONS Documents should a signe by—two officers,one from each of the following two groups: GROUP 1. Naair of the Board ((b, The President c Any Vice-President GROUP 2: Me The Secretary An Assistant Secretary 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 11 FWSMORD FORMSIhi.L KWOSE NOTARY.doo ( CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State Of, \iia C _ I"�-J' OPTIONAL SECTION County of VN nCAPACI I Y CLAIMED B Y SIGNER On before me, S d r) d �q ' Though statute does not require the Notary to 1111 to DATE NAMIL TITLE OF OFFICER E.O.,'JANE DO NOTARY C' the data below,doing so may prove invaluable to '� persons relying on the document. personally appeared +tip9 r , {`'c>. S)OF SIGNER(S) 0 INDIVIDUAL. � S 0 CORPORATE OFFICER the basis of satisfactory evidence to OFFICER(S) DIENNIS G. N&FMAN be the person(s)whose name(s))Vare�� TITLES) subscribed to the within instrument and 40M EWA= N01MY P" Cdffbffk T_C. acknowledged to me that fi;riss/they executed 0 PARTNER(S) 0 LIMITED the same in W~their authorized C Gem COU* capacity(ies),and that by his/her/their 0 GENERAL or 0 ATTORNEY-IN-FACT � �� thea entB4MNov&2M3j ity on behalf of on the instrument hich thperson(s) person(s)s) 0 TRUSTEE(S) ty p p {) acted,executed the instrument. 0 GUARDIAN/CONSERVATOR ❑ OTHER: Q WITNESS my hand of i t seal, r" SIGNER IS REPRESENTING: `•. l NAME OF PERSON(S)OR ENT17'Y(1ES)l SIONAT P RY 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 J1J L� 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 mustbee signed exactly as it is typed or printed. II. SMA_TURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. M. 5SLU�TURES FOR PAR RSHIPS - Si g party must be either a general partner or be authorized in writing to have e authority to sign for and bindthe partnership. IV. SIGNATURES FO_R CORP RATIQkJS Documents should e signed y two officers,one from each of the following two groups: GROUP 1. { )The Chair of the Board ((b)}The President c Any Vice-President GROUP 2: a The Secretary An Assistant Secretary The ChiefFinancial Officer cr f 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." 3'C:nrx \\Pw84tSH&ItDA�TAtla�% iSve\Fmv\WORD FORMS ALL P'URP'OSE NOTARY.doe