HomeMy WebLinkAboutMINUTES - 04211987 - 2.5 To: BOARD OF SUPERVISORS
FROM 8 7 9465`7 Contra
Harvey E. Bragdon,
Director of Community Development Cita
DATE; Ca^
March 30, 1987 MAY - x. 1987
SUBJECT;
Acceptance of Deed Restriction, Walden Property, File #2010-86
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1 . Accept the attached Deed of Development Rights and Declara-
tion of Restrictions as complying with Condition #1 of
County File #2010-86.
2. Direct the Clerk of the Board to file said deed for
recordation with the County Recorder. Direct the clerk of
the Board to forward a copy of the recorded deed to the
Community Development Department.
BACKGROUND
1 . On July 29, 1986 the Board of Supervisors approved the
appeal of Mr. Merle L. Waldon allowing the construction of a
second residence.
2. Condition #1 of the approved permit requires the Board of
Supervisors accept a deed of development rights on the
property prior to the issuance of building permits.
CONTINUED ON ATTACHMENT:. YES SIGNATU ?'
RECOMIENDATHON OF COUNTY ADMINISTRATOR RECON ATION ARO COIOBII TTEE
APPROVE OTNE
SIGNATURE(S1•
ACTION OF BOARD ON _ A i n.r i l 2-1 - 11987 APPR07/m AS RECD OTNER _
This action is related to LUP 2010-86 approved with conditions by the
Board of Supervisors on July 29 , 1986 , in the Pleasant Hill area.
wrE OF SLWID vISCFM
I If3W-BV CERTIFY T*MT Ti111S 1S A TR4JE
X LINAN I UMJS (ABSENT AND CORRECT Copy OF AN AC'T I CIw1 TAPOM
AYES: NOES". AND ENTERED CN THE N 1 NOTES OF THE DORM
ABSENT: ABSTAIN: CIF S[IFERV I SQiS CIN THE DATE SHO1111141.
Ani April 21 , 1987
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Count _ A d r l i n i s t r a t o r AMD CXXWuTy ADNIWSTRaaIMR
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WHEN RECORDED RETURN TO:
DEED OF DEVELOPMENT RIGHTS AND
DECLARATION OF RESTRICTIONS
1. Owners. Merle Lee and Maxine L. Walden (hereinafter
referred to as "Owners" ) are the owners of a parcel of real pro-
perty commonly known as 1857 Del Este Street, Lafayette, Contra
Costa County, California , legally described as :
Lot 119 as shown on the Subdivision Map known as
Tract 2155, filed July 20, 1960, Map Book 78 , Page 36 ,
Contra Costa County records.
2. LUP. On July 29 , 1986, the Contra Costa County Board of
Supervisors approved Land Use Permit No. 2010-86 ( "LUP #2101-8611 )
to allow the Owners to establish a second residence on their
above-described real property on the condition that the second
residence be limited to use by relatives within the third degree
of consanguinity of the Owners (and occupants) of the primary
residence on Lot 119 in compliance with the provisions of County
Ordinance Code Secs. 84-14. 402, 84-14. 404 and 84-4. 404( 10 ) as of
July 29, 1986. Also on the further condition that the Owners
convey to the County the future development rights to Lot 119 and
place on record a declaration of restrictions to ensure compliance
with the provisions of LUP #2010-86.
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3 . Declaration. Owners hereby declare that said above-
described real property (Lot 119 ) shall be held, transferred,
encumbered, used, sold, conveyed, leased, and occupied subject to
the restrictions of LUP #2010-86 and the covenants and restric-
tions herein set forth, expressly and exclusively for the use and
benefit of said property and of each and every person or entity
who now owns or in the future will own any portion( s) of said real
property.
4. Development Rights . Owners hereby grant to the County
of Contra Costa, a governmental subdivision of the State of
California, grantee, and its governmental successor or successors,
the future development rights , as defined below in the above-
described real property. This grant is a negative easement, in
gross, to not use the above-described real property or divide it
except as herein provided. Further, "development rights" are
defined to mean and refer to the County' s right to approve or
disapprove of any proposed construction, development, or use of
this property other than the one primary single-family detached
residential structure and appurtenant facilities use allowed by
Ordinance Code Sec. 84-14. 402( 1 ) and the secondary residence
authorized by LUP #2010-86 to be used by relatives within the
third degree of consanguinity of the Owner' s and occupants of the
said primary residential structure. These "development rights"
shall run with said real property and shall bind the current
Owners and any future owners of all or any portion of said proper-
ty.
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5. Enforcement . If the County of Contra Costa sues or
seeks other judicial enforcement of the provisions of LUP #2010-86
and this grant deed and prevails in such judicial proceedings, the
owner shall be obligated and pay to the County all of its costs of
enforcement including attorney' s fees.
IN WITNESS WHEREOF, the Owners and Declarants have executed
this Deed and Declaration of Restrictions this 477) day of
JaNuq,QY , 19 8 7.
MERLE LEE WALDEN
Owner and Declarant
j
MAXINE L. WALDEN
Owner and Declarant
State of California )
County of Contra Costa ) ss.
On this /2dday of u , 1987, before me, the
undersigned, a Notary Pu4ffic, State of California, personally
appeared MERLE LEE WALDEN and MAXINE L. WALDEN, personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names are subscribed to the within instru-
ment, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the County of t� aazs , State
of California, on the- date set forth above.
=ELEANORA
=DAVIS
EAL
AVISNotary Public, Stat of California
RNIAUNTY My Commission expires
.3..1990
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