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Home My WebLink AboutMINUTES - 05222001 - C.6 C' c. Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 22, 2001 by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover, Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 2001/214 SUBJECT: Authorizing Acceptance of Instalment. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of Minor Subdivision 19-89 Michael J. Brown Byron Development Rights Lynn M. Brown 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. JF:sd \\PWS4`1sF ARDATA\G rrData\EngSvc\B0\2001\130 5-22-01.doc ATTESTED: May 22 , 2001 Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors and Contact:Jerry Fahy(313-2276) County Administrator cc: Recorder(via Clerk of the Board)then PW Records Current Planning,Community Development Michael Brown Lynne Brown By. ,Deputy RESOLUTION NO. 2001/214 . • I � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � . .' I(IIII I II CONTRA COSTA Co Recorder Office Recorded at the request of. STEPHEN ClL, WEIR Clerk-Recorder Contra sta Count Public works Deparunent DC� A01 1—01411635-00 l ngineering Sm ices Thursday, MAY 24, 2001 13:23:32 Return to: FRE $0.00 Public Works Department Records Section Tt 1 Pd $0.00 Nbr-0000375915 Arca:B}'ron 1 r C/RS/1-7 Road:Bixler Road County Road No.: 9163.E Subdivision:MS 19-89 APN:002-010-030,031,032 GRANT DEED OF DEVELOPMENT RIGHTS TO meet condition of approval number one of Minor Subdivision 19-89 (157 PM 46), we, Michael .l. Brown and Lynne M. Brown, his wife as joint tenants, (Owners) 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 all of that real property known as Parcels "A" and "B" except for a one (1) acre building envelope on each parcel, of Subdivision MS 19-89 situated in the County of Contra Costa, State of California, and more particularly described in Exhibits "A-1" and "A-2" (written descriptions), and Exhibits "B-F and "B-2" (plat maps) attached hereto. 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. 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. . 1-/ 0 The undersigned executed this instrument on — Michael J. Brown and Lynne M. Brown, his wife as joint tenants Michael . B Nvn (Owner) (Signauac) 'nne M. Brown (Owner) (See attached notary) ,F:1p May z.2001 Ci:\GrpUaI;PLneSvcJcur�gUl`:\pi it\\7S 17-89GD.duc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 0_9 L l/�QAjj, OPTIONAL SECTION County of/ �o� � l;d s[/! / CAPACITY CLAIMED BY SIGNER On J—4 —0I before me, ��L-� —1- /7�%:V%�2i/UC�iii�t,°) Ay t` Though statute does not require the Notary to nAFE NAME,TITLE OF OFFICER E(i.,"JANE DOE,NOT,RY PUBLIC" fill in the data below,doing so may prove �/f /�/� ,�j invaluable to persons relying on the document. personally appeared / � t L goqu �- i&OWAJP �LjQ✓NZ� / �- ///��GS//l� NAM S)OF.. GNER(S) ❑ INDIVIDUAL personally known tome-OR- ❑ provided tonic on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) he the person(s)whose name(s)is/arc subscribed to the within instrument and I ITLE(b) acknowledged to me that balske/they executed ❑ P NE the same in 1r/their authorized PARTNER(S)R(S) ❑ LIMITED FRED J.H�117Q77A. ❑ GENERAL capacity(ics),and that by hiAver/their Commission . Z ❑ ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or Notary Public-Californiel > the entity upon behalf of which the person(s) ❑ TRUSTEE(S) JSTEE(S) Contra Costa County - acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR My Comm.ExpiresApr20,2X2 ❑ OTHER: hand and SS my t tial se 1, 11 SIGNER IS REPRESENTING: 1 NAME OF PERSON(S)OR ENTITY(IES)J SI URE OF NOTARY ❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION Tl IIS CERTIFICATE MIDST BE AT FACHN) Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages fhough the adjacent data 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 TC-attachtnent of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL,SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. 'IherJam must be signed exactly as it is typed or printed. Il. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must 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 for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,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. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d)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 Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,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-laws or a resolution of its Board of Directors." May 3, 2001 Job No. 80158 EXHIBIT 'A-1' LEGAL DESCRIPTION Relocation of Building Envelope All that certain real property situate in the County of Contra Costa, State of California, described as follows: Being a portion of Parcel 'A' as said Parcel is shown on that certain Parcel Map of MS 19-89 filed for record in Book 157 of Parcel Maps at Page 46, further described as follows: Commencing at the southwesterly corner of said Parcel 'A', said corner also being the southeasterly corner of Parcel 'B' as shown on said map; thence leaving said Point of Commencement along the line common to said Parcels 'A' and 'B', North 0150'25" East, 290.00 feet; thence leaving said common line at right angles South 89109'35" East, 15.00 feet to the True Point of Beginning of the herein-described building envelope; thence leaving said True Point of Beginning along a line parallel with and distant 15.00 feet measured at right angles from said common line, North 0150'25" East, 146.97 feet; thence at right angles, South 89°09'35" East, 296.40 feet to a point on a line parallel with and distant 311.40 feet from said common line; thence along last said parallel line, South 0°50'25" West, 146.97 feet; thence at right angles, North 89109'35" West, 296.40 feet to said True Point of Beginning. Containing one acre of land, more or less. The existing building envelope delineated on said Parcel 'A' as shown on said Parcel Map (157 PM 46) shall be abandoned with the recordation of the building envelope described herein. r{: Lj y - '� rJ N89°1>28'W 336.40' PARCEL "A" (157 PRA! 46) � m o w Qj NLU J r ' \J M _-Ll_.n.;JQ .� i 296.40' .L 25 .40'_J Y. Y T.P.B. 1V890 96 IN 0 140.00' N NO 050 25"E 160.80' G. N88°5(o43W 476.40' 1/99 ww V 3� a La tea ^ as EXHIBIT "B-1 " DeBolt Civil Engineering Dat 02/01 PLAT TO ACCOMPANY Bit San Ramon valley Boulevard 1r = 200' LEGAL DESCRIPTION D Danville; California 94526 j ED RELOCATION OF BUILDING ENVELOP 925 ��-�� '8 1It 8 80158 May 3, 2001 Job No. 80158 EXHIBIT 'A-2' LEGAL DESCRIPTION Relocation of Building Envelope All that certain real property situate in the County of Contra Costa, State of California, described as follows: Being a portion of Parcel 'B' as said Parcel is shown on that certain Parcel Map of MS 19-89 filed for record in Book 157 of Parcel Maps at Page 46, further described as follows: Commencing at the southwesterly corner of said Parcel 'B', said corner also being the southeasterly corner of Parcel 'C' as shown on said map; thence leaving said Point of Commencement along the line common to said Parcels 'B' and 'C', North 0150'25" East, 180.00 feet; thence leaving said common line at right angles South 89°09'35" East, 10.00 feet to the True Point of Beginning of the herein-described building envelope; thence leaving said True Point of Beginning along a.line parallel with and distant 10.00 feet measured at right angles from said common line, North 0050'25" East, 311.00 feet; thence at right angles, South 89°09'35" East, 140.07 feet to a point on a line parallel with and distant 150.07 feet from said common line; thence along last said parallel line, South 0°50'25" West, 311.00 feet; thence at right angles, North 89°09'35" West, 140.07 feet to said True Point of Beginning. Containing one acre of land, more or less. The existing building envelope delineated on said Parcel 'B' as shown on said Parcel Map (157 PM 46) shall be abandoned with the recordation of the building envelope described herein. C.'.. N�71'28"W 351.00' PARCEL "B" (157 PAA 46) O � O m J W ,11 J Ld U U N a o 1140.07 II _ t• CJ�8 VAI -I IIS "140-07', r` f T.P.B. / o ...(10.00 ` � —1—_ �1,� ,.._tea•--��a"� N88°56 45 351.00' QO. W W 3 � a La Na � EXHIBIT "B-2'' DeBolt Civil Engineerin 5%02/01 PLAT TO ACCOMPANY g s�'e. LEGAL DESCRIPTION D Bii San Ramon Valley Boulevard 1,•= aoo' Danville; California 94526 E p7 RELOCATION OF BUILDING ENVELO 925 / 837-3780 � W.: 80158 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 22, 2001 by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier , Glover , Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 2001/214 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 Minor Subdivision 19-89 Michael J. Brown Byron Development Rights Lynn M. Brown 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. 1F:sd \1P�kIS4\S1IARDATA\GrpData\EngSvc\BO`%2001\130 5-22-0 i.doe ATTESTED: May 22 , 2001 Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors and Contact:Jerry Fahy(313-2276) County Administrator cc: Recorder(via Clerk of the Board)then PW Records Current Planning,Community Development Michael Brown Lynne Brown By , Deputy RESOLUTION NO. 2001/214 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area:Byron Road:Bixler Road County Road No.: 9163A Subdivision:MS 19-89 APV:002-010-030,031,0 32 GRANT DEED OF DEVELOPMENT RIGHTS To meet condition of approval number one of Minor Subdivision 19-89 (157 PM 46), we, Michael J. Brown and .Lynne M. Brown, his wife as joint tenants, (Owners) 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 all of that real property known as Parcels "A" and "B" except for a one (1) acre building envelope on each parcel, of Subdivision MS 19-89 situated in the County of Contra Costa, State of California, and more particularly described in Exhibits "A-1" and "A-2" (written descriptions), and Exhibits `B-1" and "B-2" (plat maps) attached hereto. 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 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. 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. f The undersigned executed this instrument on 0 Michael J. Brown and Lynne M. Brown, his wife as joint tenants (Signature) Michael . B vvn (Owner) (Sipmwe) &,�, ,— Inne M. Brown (Owner) (See attached notary) JF 1p %lay 2,2001 G:\GrpData`.EngSvcUcrr)•`@U01\AprilUlS 19-89GD.doc J CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 01q 1-1IGP-AilA OPTIONAL SECTION County of4/— 01961//C/i e0_5(2 I JbUN i ce, CAPACITY CLAiMED BY SiGNER On .S'7—DI ,before me, ��r�Q dy,7 1, �/V C�7 Wj J�! t-- U Though statute docs not require the Notary to DATE NAME,TITLE OF OFFICER E.G,"JANE DOE,NOT RY PUBLIC Till in the data below,doing so may prove M rL bloq�1 Ly p,/yr ,ti, /.�/� invaluable to persons relying on the document. personally appeared .�- ,620%t//�, �-1 NAM S)OF. GNER(S) ❑ INDiVIDUAL personally known to me-OR- ❑ provided,tonic on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed to the within instrument and TITLE(S) acknowledged to me that hsk4ae/they executed ❑ PARTNER(S) ❑ LIMITED FRED J.HUNTER the same in hisAwr/their authorized ❑ (L�IERAI- capacity(iesl,and that by hi 4, r/their Commission#1179778 Z ❑ ATTORNEY-IN-FACT r Notary Public-CaGforr ijcl _ signature(s)on the instrument the person(s)or z ® ry the entity upon behalf of which the person(s) ❑ TRUSTEE(S) z Contra Costa County - ❑ GIJARDIAN/CONSERVATOR acted,executed the instrument. MyComm.Wires Apr20,2002 ❑ OTHER: _.._ .. .. WI -SS my hand and tial se 1, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY'(lE5)} SIGNpn'URE OF NOTARY ❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS Cf:RTIFiCATE MIDST BE ATTACHED 'Title or Typc of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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 information is provided in an effort to expedite processing of the documents. Signatures required on documents must 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. `I icrmE mast be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must 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 for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,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. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d)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 Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: fl ...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." May 3, 2001 Job No. 80158 EXHIBIT 'A-1' LEGAL DESCRIPTION Relocation of Building Envelope All that certain real property situate in the County of Contra Costa, State of California, described as follows: Being a portion of Parcel 'A' as said Parcel is shown on that certain Parcel Map of MS 19-89 filed for record in Book 157 of Parcel Maps at Page 46, further described as follows: Commencing at the southwesterly corner of said Parcel 'A', said corner also being the southeasterly corner of Parcel 'B' as shown on said map; thence leaving said Point of Commencement along the line common to said Parcels 'A' and 'B', North 0°50'25" East, 290.00 feet; thence leaving said common line at right angles South 89°09'35" East, 15.00 feet to the True Point of Beginning of the herein-described building envelope; thence leaving said True Point of Beginning along a line parallel with and distant 15.00 feet measured at right angles from said common line, North 0°50'25" East, 146.97 feet; thence at right angles, South 89°09'35" East, 296.40 feet to a point on a line parallel with and distant 311.40 feet from said common line; thence along last said parallel line, South 0°50'25" West, 146.97 feet; thence at right angles, North 89009'35" West, 296.40 feet to said True Point of Beginning. Containing one acre of land, more or less. The existing building envelope delineated on said Parcel 'A' as shown on said Parcel Map (157 PM 46) shall be abandoned with the recordation of the building envelope described herein. is •� N89°1>28'W 336.40' PARCEL "A" (157. PM 46) � O w 1U W a. O / I�296.40' • L 250.40'— T.P.B. 15.00' N890 3 "1� 140.00' °; NO*50 25"E 160.80' G. N8805643'W 476.40' Q0. wui R 3� a Na r EXHIBIT "B- 1 " DeBolt Civil Engineering Date:/02/01 PLAT TO ACCOMPANY 811 San Ramon Valley Boulevard " = 200' LEGAL DESCRIPTION D Danville; California 94526 J ED RELOCATION OF BUILDING ENVELOP 925 837-3780 Job ND': 80158 May 3, 2001 Job No. 80158 EXHIBIT 'A-2' 'LEGAL DESCRIPTION Relocation of Building Envelope All that certain real property situate in the County of Contra Costa, State of California, described as follows: Being a portion of Parcel 'B' as said Parcel is shown on that certain Parcel Map of MS 19-89 filed for record in Book 157 of Parcel Maps at Page 46, further described as follows: Commencing at the southwesterly corner of said Parcel 'B', said corner also being the southeasterly corner of Parcel 'C' as shown on said map; thence leaving said Point of Commencement along the line common to said Parcels 'B' and 'C', North 0150'25" East, 180.00 feet; thence leaving said common line at right angles South 89°09'35" East, 10.00 feet to the True Point of Beginning of the herein-described building envelope; thence leaving said True Point of Beginning along a line parallel with and distant 10.00 feet measured at right angles from said common line, North 0150'25" East, 311.00 feet; thence at right angles, South 89°09'35" East, 140.07 feet to a point on a line parallel with and distant 150.07 feet from said common line; thence along last said parallel line, South 0°50'25" West, 311.00 feet; thence at right angles, North 89°09'35" West, 140.07 feet to said True Point of Beginning. Containing one acre of land, more or less. The existing building envelope delineated on said Parcel 'B' as shown on said Parcel Map (157 PM 46) shall be abandoned with the recordation of the building envelope described herein. / t ;-A N6097 "28W 351.00' PARCEL "B" (157 PM 46) O Qjm U Q LU �U w Q ¢ 1140.07 --� L140.07J �: r-: T.P.B. ,r1 O c'if„ N88°5(043" 331.00' QO• W W - G� � ;tea Na r EXHIBIT "B-2" DeBolt Civil Engineering 5/ 9 9 02/o1 PLAT TO ACCOMPANY Scale: Bit San Rayon Valley Boulevard 1;"= aoo' LEGAL DESCRIPTION D Danville; California 94526 �E D RELOCATION OF BUILDING ENVELOP 925 / 837-3780 Joe NO•: 80158