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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-415 ilri, V/�v 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 24, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/415 SUBJECT: Acceptance of Instrument for Grant Deed of Development Rights, for Minor Subdivision 18-01, being developed by Clyde Miles Construction Company, Inc.,Alamo area(District III). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 18-01 Clyde Miles Alamo III Development Rights Construction (Creek Structure Company,Inc. Setback) o:1GrpDatalEngSvc\Bol200316-2"3\Ms 1"l B0-27.doc I hereby certify that this is a true and correct copy of an action BY"rn taken and entered on the minutes of the Board of Supervisors originators Public Works(ES) on the date shown. Contact:Mich Lierly(313-2348) cc: Recorder(via Clerk)then PW Records Current Planning,Comrumity Development ATTESTED: ,,JUNE 24, 2003 Clyde Miles Construction Company,Inc. 2201 Harbor street,suite B JOHN SWEETEN, Clerk of the Board of Supervisors and Pittsburg,CA 44565 County Administrator BY: , DEPUTY RESOLUTION NO.2003/ 41 Recorded at the request ofConCONTRA COSTA Co Recorder Office op liCosts Depot STEPHEN L. WEIR Clerk-Recorder ` EnginecringseMces DOC— 200 10300345-00 Return to: Public works DePardnent Wednesday, JUN 25, 2003 10:09:24 Records Section FRE $9.90 Area: Alamo Tt l Pd $0.80 Nbr-84156991 1 Irc/R9/1-8 Subdivision: MS 010018 "N: 197-070.007 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 41 of Subdivision MS 010018,Clyde E.Moes,(Sole Owner) 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 C of Subdivision MS 010018 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 fixture 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 M Nl %to , .16003 c 1• Clyde E. Miles, Sole Owner (See attached notary) MAW 0u3tpD+u+ ,c\13Yip\2=\Mor.otMsta-01DF-talc Rn.Apd 2.2001 MS 0018-01 (Creek Structure Setback) EXHIBIT"All 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 0018-01, on file at the County Recorder's Office as follows: Date: Book: Page: JD.ww GAGrpna%TnSSvc\F0m MMM W0JWWGWrr-&dW MApril 2,2001 Luk & Associates Civil Engineering 399 Taylor Boulevard,Suite 288 Land Planning Pleasant Hill,California 94523 Surveying 925-363-1981 +► Fax: 925-363-5185 EXHIBIT "A" GRANT DEED OF DEVELOPMENT RIGHTS Being a portion of the Rancho San Ramon, situated in the County of Contra Costa, State of California, and being a portion of those lands of described in the deed to Clyde Miles Constructions Co, Inc, a California Corporation, recorded May 29, 2002 in Document No. 2002-0189364, Contra Costa County Records, and being more particularly described as follows: Commencing in the centerline of the State Highway (Danville Boulevard) from Walnut Creek to Danville at the most southerly corner of the 1.98 acre parcel of land described in the deed from Richmond Martinez abstract and title company to Walter Atkinson, et ux, dated July 5, 1945, recorded July 5, 1945, Boob 820, Official Records, Page 210, thence South 45°28'50" East a distance of 181.74 feet; thence along the northwesterly lines of those lands described in deed to Corbett, Document No 99-0107220, Contra Costa County Records, and the northwesterly line of Parcel `B" as shown on the Parcel Map Subdivision MS 56- 88 filed August 23, 1989 in Book 142 PM at Page 1, Contra Costa County Records, North 49°31'55" East a distance of 524.34 feet to the TRUE POINT OF BEGINNING; thence along the northwesterly line of said Parcel "B", thence South 49031155" West a distance of 126.93 feet; thence leaving the northwesterly line of said Parcel "B", North 69°84'30" West a distance of 73.40 feet; thence North 31°42'04" West a distance of 128.02 feet to a point in the southeast line of Parcel "B" as shown on Parcel Map Subdivision MS 279-77 filed June 12, 1978 in Book 66 PM at Page 49, Contra Costa County Records; thence along the southeast line of said. Parcel "B", North 48°06'10" East a distance of 154.64 feet; thence leaving the southeast line of said Parcel "B", South 33012121" East a distance of 159.06 feet; thence South 52°46'16". East a distance of 37.91 feet to the TRUE POINT OF BEGINNING. Containing an area of 28,997 square feet, more or less. F:kWP\LEGAL,L2000\04084-10\Dev!Rsghts.doc Page 1 8/1212002 r "Nin A. gage S 622 ° s��y res 12M 02 � fi� MARTIN A.GACA � Date: i_-7Z/r 3_ No. LS50 OF CAt4 This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act. F:\WP\UGAL\20MU084-10\D" Right$.doc Page 2 8/12/2042 PAROL B 66 PM 49 N46'06'10*E 154.64' ...�- ``" —STRUCTURE SETBACK LINE---'" z cv R RESTRICTED DEVELOPMENT AREA / �V (PURPOSE: SETBACK FROM CREEK) ,y P - / 50 1 R S Z-1 • ',,, ,•-" --STRUCTURE SETBACK UNE " S49`31'S5'"W 126.93' POINT OF BEONNING PARCEL B 142 PM 1 ��} sG PLAT TO ACCOWANY LEW 1ESG�?lf 176W LLANDtv�� RESTRICTED DEVELOPMENT PMENT �MARMN A. AREA EASEMENT W. !.5 522 WMI CWA CaWY- W WM Exp.12-31-Q.2 Prep erred By Luk and Associates Civil Engineers -- Land Planners — Land Surveyors # CAS 339 Taylor Boulevard, Suite 288 Pleasant Hill, California 9452.3 - --"- Amw/Z xx 11.0 A! A Wr arrN-rQ �arc Setback Restriction Course: N 48-06-10 E Distance: 154.635 Course: S 33-12-21 E Distance: 159.060 Course: S 52-46-16 E Distance: 37.910 Course: S 49-31-55 W Distance: 126.925 Course: N 69-04-30 W Distance: 73.402 Course:N 31-42-04 W Distance: 128.021 Perimeter: 679.953 Area: 28997.036 0.666 acres Mapcheck Closure- (Uses listed courses& COGQ Units) Error of Closure: 0.0006 Course: S 41-55-51 W Precision 1: 1047135.81 'ALL-PURPOSE ACKNOWLEDGMENT �t+��►t+�►iit�irti�rt+��►i�^t�riM�►t+M�h►iW�M►iw�►+f+r�i++�M►i+�t++� i �►t� i State of California i County of Ce O'TVp, C-0 S`S'Q SS. t On M ' t (-,, :Xoo 3 before me, t►.w..i� �. `T S t (DATE) _ (NOTARY) t personally appeared i 12 personally known to me - Oita CI proved to me on the basis of satisfactory t evidence to be the person(s) whose names is/are subscribed to the within instrument and i acknowledged to me that helshelthey executed • the same in his/her/their authorized capacity(ies), and that by his/her/their • Ftt)(NW.D MASS signature(s) on the instrument the person(s), C 0.ia+l'eao or the entity upon behalf of which the • *� COSTA r OWTY p erson (s) acted, executed the instrument. • .�P.8EP3'. i WITNESS my hand and official seal. t NOTARY'S SIGNATUREW6 iiOil� Ri O�R.Pitw.TIVN i The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. i CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT F1 INDIVIDUAL i D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT �(S) PARTNER{"} i NUMBER OF PAGES C ATTORNEY-IN-FACT i TRUSTEE(S) C� GUARDIAN/1CONSERVATOR DATE OF DOCUMENT OTHER: i OTHER i i i SIGNER IS REPRESENTING: RIGHT THUMBPRINTOF NAME OF m"ON(s)OR ENTRY(IES) SIGNER $' t t+MSM►tilri' ^t iMl'art+ i++ll�ri-gtr.ii��i i+ ►# +�M.i+lli►i•aN�Msi+�M►i+ l►turil•II►i APA 5137 VALLEY-SIERRA,900-352-3369