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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-080 til Recorded at the request of. Contra Costa County Board of Supervisors Return to: Public Works Department Engineering services Division Resorbs Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 11,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKR4A, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER. ABSTAIN: NONE RESOLUTION NO.2003/80 SUBJECT: Acceptance of Instrument for Chant Deed of Development Rights (Scenic Easement), for Minor Subdivision 16-97,being developed by Naomi Beisheim,Walnut Creek area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: J DISTRICT: Grant Deed of MS 16-97 Naomi Beisheim, Walnut Creek III Development Rights Surviving Trustee (Scenic Easement) of the Beisheim Family Trust I hereby certify that this is a true and correct copy of an action CL.CW taken and entered on the minutes of the Board of Supervisors on G:\GMDat&Wxovc1801200312-11-03WS I6-97 BO-27.doc the date shown. Orklaatort Public Works(SS) Contacts Cbris Lan(313-2293) ATTESTED. FEBRUARY 11, 2003 cc: Recorder(via Title ConVany)then PW Records JOHN SWEETEN Clerk of the Board of Supervisors and County xRep ishei Conmmty Development Administrator 1564 Arbutus Drive Wahtut Creek,CA 94595 By Deputy RESOLUTION NO.2003/ 80 Recorded at the request of Contra Costa County Public Works Departrrient Engineering Services Return to: Public works Deputnent Records Section Area: walnut Greek Subdivides: MS 970016 AFF: 184252-010 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet conditions of approval number 2B and 3 of Subdivision MS 970016, I, Naomi R. Beisheim,surviving trustee of the Beisheim Family Tryst,(Owner)hereby,grants 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 ofthat real property known as Parcels A, B, and C of Subdivision MS 970016 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 ofproposed 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 ofsuch 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. The undersigned executed this instrument on Naomi R. Beisheim, surviving trustee of the Beisheim Family Trust (siys,.tero) Naomi R. Beisheim,Owner (See attached notary) :" VWS1W1AMATA WoM\ j.&C 1ta-4d 2,2MI CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ` 1i.ti-k`� OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On /o /1,-- ''before me, \;r. ��/ Though statute does not require the Notary to 81!in DATE �/ TrrtZ OFOFFIM gore" DDS,NOTARY LIG" the data below,doing so may prove invaluable to personally appeared ✓� "�•" Aa-Z'r - persons relying on the document OF INDIVIDUAL proved tome on the basis of evidence to CORPORATE OFFICER(S) be the person(s)whose names)is/we subscribed to the within instrument and Mai acknowledged to me that helshehhey executed PARTNER(S) LIMITED the same in his/her/their authorized c ies and that hia/herhheir GENERAL opacity{` by U t J. TIN S o ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or TRUSTEE{S} NOYARY PUBLIC-cALtFORNIA( flue entity upon behalf of which the person(s) GUARDIANICONSERVATOR t:{SNYRA CC3STA eot1WT Y {) acted,executed the instrurr>Gnt OTHER COMM.EXP.AUG.13,2003 -4 { my h and ficial seal, SIGNER IS REPRESENTING: (NAME OF s)oR sNrrrv(ies)) NWARY acknowledged to me that such on ex ed the within instrument pursuant to its by-laws or a resolution of its Board of Directors 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-attschmentt 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 followmg 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 sign as it is typed or printed. H. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed Thu signer's interest in the must be stateiL M. SIGNATURES FOR PARTNERSHIPS - Signig party must be either a general partner or be authorized in writing to have e authority to sign Fir eri a parte p. IV. SIGNATURES FOR CORPORATIONS octiments s two o cars,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. a The Secretary PAn Assistant Secretary c The Chief Financial ffiicer 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 81 in g the instrument to execute instruments of the type in question is required.A cumcntly valid power of attorney,notarized,will sufliice. Notarization of only one corporate.signattire 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." x:m,► lWW TA1Amsvey=,A\wORDFoxms\mLFuRnmNoTARY.&c 5Y' MS 970016 Restricted Development Area(Scenic Easement) EXHIBIT"All All that real property situated in the County of Contra Costa,State of Califomia,described as follows: A portion of Parcels A, B, and C, designated as "Restricted Development Area (Scenic Easement)",shown on the parcel map of Subdivision MS 970016,on file at the County Recorder's Office as follows: Date: Book: Page: JD:nvw o:u m � parrs wo rr-a.&c z,zoos