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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-376 57 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 June 10, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 3 7 6 SUBJECT: Acceptance of Instrument for Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 5-02, being developed by Robert M. Walls and Dina C. Walls,Martinez area. (District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INST LTNIENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 5-02 Robert C. Walls and Martinez II Development Rights Dina C. Walls (Creek Structure Setback) 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 fii;ltfrpZ7atalEagsvc1Ho12W3i6 t0 031Ms 5. so-27 Creek.doc on the date shown. ci,.�tt orWnstor; Public Works(ES) Contact;Chris I.au(3132293) cc; Recorder(via Title Company)then PW Records ATTESTED: JUNE 10, 2003 Current Punning,Conanuaity Development JOHN SWEETEN, Clerk of the Board of Supervisors and Robert and Drury Wails 1091 Pereira Road County Administrator Martinez,CA 94553 BY: , DEPUTY RESOLUTION NO.2tl03/ I Recorded at the request of: Contra Costa County Public Warks Department Engineering Services Return to: Public Works Department Records Section Area: Martinez Subdlvlsion: MS 020005 APN: 362-110-011 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 29 of Subdivision IVIS 020005,we,Robert M.Walls and Dina C. Walls, husband and wife, as community property, (Owners) hereby grant(s) 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 a portion of that real property known as Parcel C of Subdivision IVIS 020005 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 Owner of all or any portion of said property. In the event of a disapproval of proposed construction by Grantee, or successor, said proposed construction shall not be performed.Grantee,or successor,may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor,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 successor,herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor, shall have sixty(60)days from receipt of such proposal in which to grant approval or disapproval.Failure by Grantee, or successor, to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on Robert M.Walls and Dina C.'Walls,husband and wife,as community property Robert �.Waidls, 04er Dins C.Walls,Owner (See attached notary) :W �\Pwsz\sH RnnrA%&Pp*a\BngSW\Fa„u\ns WORDOE-i.doc Rev.Gcurbcr 9„2003 Subdivision: MS 020005 Restricted Development Area(Creek Structure Setback) EXMIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcel C designated as "Restricted Development Area (Creek Structure Setback)", shown on the parcel map of Subdivision MS 020005, on file at the County Recorder's Office as follows: Date: Book: Page: m:„w C#:4t3r Mta\EnSvctFm=\EXHMrrS W012I11E.7CMIT-AA0C prsi 2,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of- OPTIONAL SECTION County of j� t� CAPACITY CLAIMED BY SIGNER on DATE before me, l'�(Z.0-AA��na4a 4t3 f t Y1 A Y t� �, Though statute does not require the OF OMCE�R ts.a.,"7A txaa, ARY i IJBTJC ' Notary to fill in the data below,doing so personally appeared_ 'j may prove Invaluable to persons relying NAME(S)OF SIUN s:("s)" on the document. personally known to me-OR- i E3 INDIVIDUAL p y provided to me on the basis of satisfactory evidence to be the personXwhose name t E3 CORPORATE OFFICER(S) subscribed to the ) within instrument and acknowlid ed to me that COLLEEN:10 gRENNER fi hehhey executed the same' s erltheir authorized Tm r(s> commholon tN 1332422 capacity )„and that eni signature on the ® PARTNER(S) CI LIMITED _ Nt tlf Public-ellf"bMIS instrument the ort a entity upon behalfbf which the person(s)acted,executed the instrument. ATTORNEY-IN-FACT GENERAL COMM C.osbt My ,8IrosN w2g.2WW5WITNESS and official seal, © TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR kWzZ ❑ OTHER: 13 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or SIGNER IS REPRESENT MS a resolution of its Board of Directors. (NAM of rattsora(s}OR rrmrY(trs)} OPTIONAL SECTION TRIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO TIME DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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. H. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be state37 IIT. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be author ed in writing to have a au gn authority to sip or an ind the partnership. IV. SI NATURES EER.CORPORATIONS ]Documents should be signed by two cern,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. NC 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." CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT rCo teof � aPTIaNAL sECrlaN unty of CAPACITY CLAIMED BY SIGNER On before me, i'.'t hough statute does not require the OdlAAq of,OFFICER H.13.,"JANENOTAIn t Ltc• Notary to fill in the data below,doing to personally appeared may prove Invaluable to persons relying l y pP NA s) tsar } on the document. 0 personally known to me-ORprovided to me on the basis of satisfactory evidence to 0 INDIVIDUAL be the person'F Qwhose name t e subscribed to the 0 CORPORATE OFFICER(S) within instrument and acknowledged to me that rt ms) hthey executed the same in heir authorized COLLEEN capacity(b�,and that by hti a thcrr signature(a on the BR1�NNi"It CI PARTNER(S) CJ LIMITED I instrument the'persorN or the entity upon behalf of � GENERAL ComrnhWo which the person(:)acted,executed the instrument. p ATTORNEY-IN-FACT Notary Public-CsitCortsla Coattw f ott* WITNESS my h and official seal, [� TRUSTEE(S) nt 0 GUARDIAN/CONSERVATOR MyCarrxtt.f 0 OTHER: 0 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or SIGNER IS REPRESENTING: tam of raxsorsts)oe araTirv(ias}) a resolution of its Board of Directors. 1 OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(:)Other Than Named Above re-attachment of this form INSTRUQNSTO 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. SI NATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signerrs interest in the property must be stated. in. S�ATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the ontyto poff`r and Sind the partnership. IV. SIGNATURES.FOR C RI'OR.ATIONS ocuments should signed by two officers,one from each of the following two groups: GROUP i. a}The Chair of the Board b)The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary e 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 instrtrtnent 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."