HomeMy WebLinkAboutMINUTES - 06171997 - C15 Recorded at the request of:
Contra Costa County
Return to:
Public Works Department
Engineering Services
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 17, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/314
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Grant Deed of Development MS 13-92 David S. &Margo D. Walnut Creek
Rights (Scenic Easement) Tullus
t hereby eertHy that this Is a true and correct Dopy of
8 action taken and entered on the minutes of the
taoard of Surv;sors on the date h§ own
(CRESTED 7
PHI ATCHELOR,Oferk of the board
of S ledts and County AduntniWator
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Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Recorder(via Title Company)then PW Records*then Clerk of the Board
Director of Community Development
Recorded at the request of: C
CONTRA COSTA COUNTY
Public Works Department
Engineering Serviccs Division
Return to:
Public Works Department
Records Section
Area: Walnut Creek
Road: Lunda Lane
County Road No.: 4147 N
Project: MS 13-92
Assessor's No.: 188-340-015
GRANT DEED OF DEVELOPMENT RIGHTS
(Scenic Easement)
To meet condition number 8 of Minor Subdivision 13-92, We, David S. Tullus and Margo D. Tullus, as joint
tennants, (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 Parcels A&B of Minor Subdivision 13-92 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 "Scenic Easement." The "development rights"
are and shall be a form of negative easement which shall run with the said property and shall bind the current owner
and any future 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. Building site area shall be permitted and not exceed 20,000 square feet. This
easement shall not prevent the erection of accessory related buildings or structures anywhere on the site, subject to
the related setbacks. Construction of any structure within the scenic easement shall require review and approval of
the Zoning Administrator.
Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the
approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature,
extent, and location of such improvement. Grantee or its successor shall have sixty(60) days from receipt of such
proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond in said time
period shall be equivalent to the approval of such proposal.
IN WITNESS WHEREOF, these presents have executed this instrument 's day of ✓40C,
1992.
t
David S. Tullus
Margo D. Tullus
(see attached notary)
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RE: MS 13-92
EXHIBIT All
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcels A & B designated as "Scenic Easement", as shown on the parcel map of
Subdivision MS 13-92, on file at the County Recorder's Office as follows:
Recording Date:
Parcel Map Book:
Page:
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G:\ENGS V CU OSE PH V UNE9TM S 13.92.W PD
State of California
County of Contra Costa
On June 4, 1997, before me, the undersigned, a Notary Public in and
for said State, personally appeared David S. Tullus and Margo D. Tullus,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instxument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
J-7ntr:A KA joNrs
Signature /X/A
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NameY, A C
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(frped or rinted) (Seal)