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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-95 l 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 March 2, 2004,by the following vote: AYES: SUPERVISORS ULKEMA, GREENBE'RG AND GLOVER NOES: NONE ABSENT: SUPERVISORS GIOIA AND DESAULNIER ABSTAIN: NONE RESOLUTION NO; 20041 95 SUBJECT: Acceptance of Grant Deed of Development Rights,for Minor Subdivision 5-00,being developed by Oliver]."Malley and Christina Nalley, Walnut Creek area. (District M) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 5-00 Oliver Nalley and Walnut Creek IIF Development Rights Christina Nalley 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 G:\GrpData\EngSvc\BO\2004%03-02-04\MS 5-00 HO-27.doc on the date shown. rr:rm Originator: Public Works(ES) Contact:Frank Navarro(313-22bi) AT`FESTED: MARCH 09 2004 Recording to be completed by Tide Company JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Current Planning,Comnuutity Development County Administrator Oliver and ChrLxtim Nalley 1285 Clover f ane Walnut Creek,CA 94595 By ._.. 'Deputy RESOLUTION NO.2004/ 95 Recorded at the request of Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Records Section Area: Walnut Creek Project: MS00-0005 Assessor's No.: 184-110:q92 GRANT DEED OF DEVELOPMENT RIGHTS To meet the condition of approval number for Collect and Convey,Oliver Nalley and Christina Malley(Owners hereby grant(s)to the County of Contra Costa, a political subdivision of the State of California (Grantee) and govermental successor or successors of said county,the future development rights, as defined herein below, over a portion of that real property known as Parcel "A" of Minor Subdivision 00-0005, 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,any 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, Ment 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. k--r The undersigned executed this instrument onhwrvM�j 3 L )- 1-i r OWNER: OLIVER VALLEY AND CHRISTINA NALLEY, TRUSTEES OF THE VALLEY TRUST, DATED OCTOBER 22, 1990 BY: ("ism) PRWr NAME: OLIVER VALLEY TITLE: TRUSTOR Trustee of the Nalley Trust UTD 10/22/90 I3Y: s ire) PRINT'NAME: CHRISTINA NALLEY TITLE: TRUSTOR Trustee of the Nalley Trust UTD 10/22/90 CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT No.8909 Mate of ft County ofC.%'J ! l On �lhgq3o tbefore me, g.A '/k�D7 NAME,TITLE OF OFFICER-E.G.."JANE©CYE,NOTARY PUBLIC" personally appeared - C Z-'- �,'' '- NAME(S)OF SIGNER(S) C� personally known to me - OR - proved to me on the basis of satisfactoryevidence to be the personal whose name} f_a, re subscribed to the within instrument and ac- knowledged to me that 4jahelItLey executed the same in Itirltheir authorized capacity les , and that by-lrttheir r 4 G€�RDON R.SCHELLg signatures on the instrument the personw, 0 CiOt+a�W A 1255928 .� -4 NOTARY PUBLtc-CALIFORNIA0 or th entity upon behalf of which the r ,, CONTRA COSTA COUNTY�0 COMM.EXP.APRIL 3,2004 perso acted, executed the instrument. WITN my an a o i i s SIGNATURE OF NOTARY OPTIONAL. Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 14-11 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED'DOCUMENT CORPORATE OFFICER :'rL= tf - � TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) LIMITED " GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(s) CI GUARDIAN/CONSERVATOR OTHER: _` - Zoc) -- �- - DATE OF DOCUMENT SIGNER Is N(S)OR s€IrES) t„ � A_�� NAME OF PERSON(S)OR EtJTtrY{IES) "� SIGNER(S)OTHER THAN NAMED ABOVE 01 M NATIONAL NOTARY ASSOCIATtON•8236 Remmet Ave.,P,O.Sox 7184•Canoga Park,CA 91309-7484 429-03GDDR.DOC (February 02, 2004) Sheet 1 of I Take from Nalley - Give to County EXHIBIT 'A' GRANT DEED OF DEVELOPMENT RIGHTS (Subdivision IDIS 00-0005) Real property situated in the County of Contra Costa, State of California, being described as follows: All of Parcel 'A', as said parcel is shown on the parcel map for Subdivision MS 00-0005, recorded , in book of Parcel Maps, at page , Contra Costa County Records. End of description. A.P.N. 184-110-092 (a portion of) B : Schell & Martin, Inc. Civil Engineering & Land Surveying Lafayette, California 429-03deedA.DOC (September 18, 2003) SHEET 1 OF 2 Proposed Subdivision MS 00-0005 EXHIBIT 'A' LEGAL DESCRIPTION FOR: PROPOSED PARCEL `A' --SUBD. IVIS #00-0005 Real property situated in the County of Centra Costa, State of California, being described as follows. A portion of that parcel of land described in the deed to Oliver Nalley and Christina Malley, recorded in September 10, 1998, at Series #98-0218384, Contra Costa County Records, being further described as follows: Beginning at the northwest corner of said Dalley Parcel (Series #98-€1218364), thence leaving said point of beginning along the north line of said parcel North 90000'00" East, 93.00 feet; thence leaving said north line along the following courses and distances: South 01°51'10" west, 65.00 feet; thence South 54046'47" West, 17.41 feet; thence South 01°51'10»West, 70.00 feet to a point on the south line of said Nalley Parcel (Series #98-0218364); thence along the south line of said Nalley Parcel (Series #98-0218364) South 82°52'00" West, 80.04 feet to the southwest corner of said Nalley Parcel (Series #98-0218364; thence along the west line of said parcel North 01°51'10" East, 154.99 feet to the point of beginning. End of Description. A.P.N. 184-110-092 (portion of) P . BY: - GORDON R. SCHELL L.S. #6849 w Schell & Martin, Inc. Civil Engineering and Land Surveying Lafayette, California.