HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-438 re
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 July 9,2002 by the following vote:
AYES: Supervisors Gerber, Uilkema, Glover, and DeSaulnier
NOES: None
ABSENT: Supervisor John Gioia
ABSTAIN: None
----__-_.
RESOLUTION NO.2002/ 438
SUBJECT: Acceptance of Instrument(Grant Beed of Development Rights for Scenic Easement).
IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR
RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA DISTRICT
Grant Deed of Sub 7744 West Coast Horne Alamo III
Development Rights (Condition of Builders,Inc.
(Scenic Easement) Approval#18)
R1:cw I hereby certify that this is a true and correct copy of an action taken
C.1GrpData\WvcSO\200217.09-02\Sub 7744 SE COA I8 BO-30.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES)
shown.
Contact: Rich 1jerly(3132348)
ec: Recorder(vis Clerk of the Board)then PW Records ATTESTED: ' Y , 2002
Current Planing,Con—mity Developtnent Department
West coat Homo suers,Inc. JOHN SWEETEN,Clerk of the Board of Supervisors and County
A California Corporation Administrator
4021 Port Chicago
P.O.Box 4113
Concord,CA 94524.4113 By-- - r+ ,Deputy
RESOLUTION NO.2002/438
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEM L,EIR Clerk-Recorder
Contra Costa County DOC— 20&-0272261-00
Return to: Cheek Number
Public Works Department Monday, RUG 00, 2002 10:34:00
Engineering Services Division i`R€ $8.80" ;
Records Section Tt l Rd $6,N Nbr-01 983411
Area: Alamo 4 (� k a i/M S/1,-5
Subdivision: 7744
APN: 143-010.007
GRANT DEED OF DEVELOPMENT RIGHTS
(Scenic Easement)
To meet condition of approval number 18 of Subdivision 7744, West Coast Home Builders,
Inc., a California Corporation (Owner) hereby grants to the County of Centra 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 know as Lots 1 through 14, of Subdivision 7744, 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 (Scenic Easement)" as provided in Exhibit "B". 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
even of a disapproval of proposed construction by Grantee, or successor Grantee, said
proposed construction shall not be performed. Grantee, or successor Grantee, may
condition approval of any proposed construction upon prior or subsequent performance of
such conditions as Grantee, or successor Grantee, may deem appropriate.
The undersigned executed this instrument on t7ti (Date).
West Coast Home Builders, Inc.,
a California Corporation.
Albert D. Seeno, Jr. preside .
By:
athleen M. Blacker etary.
(See attached notary)
Subdivision 7744
(Scenic Easement)
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California,
described as follows:
A portion of Lots 1 through 14, designated as "Restricted Development Area (Scenic
Easement)„ shown on the final map of Subdivision 7744, on file at the County Recorder's
Office as follows:
Date:
Book:
Page:
Subdivision 7744
(Scenic Easement)
EXHIBIT "B"
The following conditions apply within the "Restricted Development Area (Scenic
Easement)".
A. No tree shall be altered or removed without the prior written consent of the
Zoning Administrator. The Zoning Administrator will allow the removal of
trees upon the finding that the tree may be hazardous or may jeopardize the
health of surrounding trees.
B. No grading or development activity shall occur except as provided in condition
"C", below. In addition, the erection of structures including, but not limited
to, buildings, (regardless of whether a building permit is required) pools and
tennis courts is prohibited. Grazing is also prohibited.
C. Minor grading as necessary to install utilities and drainage is allowed. The
disturbed area shall be immediately returned to its previous appearance.
D. All original scenic easements (as depicted on the approved 1995 vesting
tentative map) shall be maintained except as modified by the amended final
development plan approval.
E. Provision for scenic easement areas on the final map shall be consistent with
the original site plans as modified by the revised plans, including the exhibits
attached to the AIA 12/14/01 letter, and as modified by the final development
plan approval.
F. Scenic easements are to be defined and development rights granted to the
County such that no permanent or temporary alteration is permitted within
the easement area unless approved in writhing by the County after a hearing
before the Board of Supervisors.
l ( CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of i �L 3r{3 4t y 4t`nONAL SECnON
County of, . Lr � a.. CAPACITY CLAIMED BY SIGNER
OnAf r.t 15 d before me, Cb lri61�rw l Mtn Gre tY hi►C 'Though statute does not require the Notary to till in
DATE NAMR.TM-of flFFICP.R PLO,`JANE DOE NOTARY UBUC- the data below,doing so may prove Invaluable to
CM r+ �t l M �,� persons relying on the document.
personally agpeatui
NAMES)OF SIGNMS)
,,�/-' U NIDUAL
0 personally known to me-OR-U proved to me on the basis of satisfactory evidence to ORPO OFFgur
ER(S)
be the person§4 whose na=404 /are `TITLE(S)
subscribed to the within instrument and
CHRiSi NE J.MALUFFERA acknowledged to me that#ra4kielthey executed O PARTNER(S) C LIMITED
Comer slon#i 1226682 the same in hi their authorized 0 GENERAL
Notary Public-Corifornia capaci ies),and that by h+sAyedtheir p ATTORNEY-IN-FACT
Al ornedo County Di s)on the instrument the person(s)or O TT TORN(S)
%WCZrnrn.EVkWJun2a,2M3the ex upon behalf tr which thepersoun(s) 0 GUARDIAN/CONSERVATOR
ac ,executed the instrument. U OTTIEI2:
ITN s my d official seal, SIGNER IS REPRESENTING:
(NAME OF FERSON(S)OR WrnrY(MS))
OQX SI O Le
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHEDTitte or Type of Document raj De—a ( j,�{jt•_ _ '�a
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 / ICC
r"ttachment of this form
INSTRUCTIONS TP}NOTARX
The following information is provided in an effort to expedite processing of the documents.
Signatures re 4uired 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 Bthe signature. The
name must be signed exactly as it is typed or printed.
Ii. SIGE&UM FOR IVWUAU The name must be signed exactly as it is printed or typed. The signer's interest in the
property musttbe statt�ecL
III. SICr'IdA �3REI=tR 1'AR S • Signg party must be either a general parker or be authorized in writing to have
the authority to signor annR a partnership.
IV. S-10ATMS FOR CQU MnN
Documents a signed by two officers,one from each of the following two groups:
GROUP 1. (a}The Chair of the Board
t The President
c Any Vice-President
GROUP 2. NC
The Secretary
An Assistant Secretary
The Chief Financial C3Icer
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:
".. ad acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
W VSNSRMtDAtTA0VDdslEx vdF=vw\WORD PORMMAU WRF4SS NOTARY.&a