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Home My WebLink AboutRESOLUTIONS - 01012004 - 2004-81 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041 Sl, SUBJECT: Acceptance of Grant Deed of Development Rights(Creek Structure Setback)for Minor Subdivision 22-02,being developed by 1221 Monticello L.P., 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 22-02 1221 Monticello L.P. Alamo III Development Rights (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 on the date shown. LS:rm c\orpData�.EngSvc\Bo\zoo4\02-24-04\MS 22-02 Bo-27.doc ATTESTED: FEBRUARY 24 2004 Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors and Contact:Frank Navarro(313-2264) Recording to be completed by Placer Title Company County Administrator cc: Current Planning,Conanunity Development 1221 Monticello L.P. 1485 Enea Court,Suite 1490 By ,Deputy Concord,CA 94520 RESOLUTION NO.2004/. 81 r" Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public works Department Engineering Services Division Records Section Area: Alamo Subdivision: MS02-0022 APN: 187-130-010 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 35,of Subdivision MS02-0022,we,the 1221 Monticello L.P.,a California Limited Partnership (Owners), hereby grant 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 "D"of Subdivision MS02-0022, 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- Grant Deed of Development Rights(Creek Structure Setback)."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. The undersigned executed this instrument on January 8, 2004 1221 Monticello L.P.,a California Limitted Partnership Paul Enea, President, Appian Construction Co.,Inc. A California Corporation, Its General Partner (See attached notary) Subdivision M02--0022 Grant Deed of Development Rights (Creek Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of parcel, "D" designated as "Restricted Development Area-Grant Deed of Development Rights(Creek Structure Setback)"as shown on the parcel map of Subdivision MS02- 0022, on file at the County Recorder's Office as follows: Date: Document Number: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of r _ 0. — OPTIONAL SECTION. County of L Lis:5is: ��O, ,u CAPACI'T'Y CLAIMED BY SIGNER On,. _�;_f, LL __.,,before me, t S . A Though statute does not require the Notary to tilt in DATE NAbJE,TITLE OF OFFICER E.G,-JANE DOE,NOTARl PUBLIC- the data below,doing so may prove invaluable to personally appeared persons relying on the document. C�T,� �.,�.� D[7:,� _ NAME(S)OFstGNER(S) p INDIVIDUAL 1 ersonally known to me-OR-0 proved to me on the basis of satisfactory evidence to O CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and .,�q�r acknowledged to me that he/she/they executed JUOY R,JARVIB [ O PARTNER(S) 0 LIMITED a/ the same in his herltheir authorized p GENERAL Commission 134;51 : capacity(les),and that it uthorizeheir O ATTORNEY-17N-FACT Notary Public-Califomis signature(s)on the instrument the person(s)or O TRUSTEE(S) Contra Coasts County the entity upon behalf of which the person(s) acted,executed the instrument. Q GUARDIANICONSERVATOR �I+ irt Mar 1,2f1Ug O OTHER: imp 1410F 1 11ESS 0 Oil an and ocial seal, SIGNER IS REPRESENTING. •• �Z ^'—�-�" (NAME OF PERSON(S)OR ENTtTY(iF S)l G URE Y 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-attachment of this form INSTRUCTIONS TO NOTARY The following infbrmation is provided in an effort to expedite processing of the documents. Signatures required on documents mast 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 exact y as it is typed or printed. II. SIGNA'I'URkS FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property roust be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign or an bin e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signea by two of kers,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. Ndde The Secretary An Assistant Secretary Tire ChiefFinancial 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 bisectors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power ofattorney, 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-taws or a resolution of its Board of Directors." 1c:mw \TYP S4\SiLPAUATA',Grpt)ata�EngSvc+omslWORDFORWALLPURPOSE NOTARY.doc Rcu'A"u``gt9E 1;2901