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Home My WebLink AboutMINUTES - 03092004 - C.7 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 vete: AYES: SUPERVISORS UIL RRA, GREENBERG AND GLOVER NOES: NONE ABSENT: SUPERVISORS GIOIA AND DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2004/ 95 SUBJECT: Acceptance of Grant Deed of Development Rights,for Minor Subdivision 5-00,being developed by Oliver Nalley and Christina Nalley, Walnut Creek area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: R16TRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 5-00 Oliver Nalley and Walnut Creek III 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\NIS 5-00 SO-27.doc on the date shown. 1T:rm Originator: Public Works(ES) Contact:Prank Navarro(313-2264) ATTESTED: MARCH Q9_, 2004 Recording to be completed by Title Company JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Current Planning,Conunuraty Development County Administrator Oliver and Christina Nalley 1285 Clover Lane Walnut Creek,CA 94595 �✓ � By ��5 .t>,t.'�.r"`"'...- - �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: MSOO-0005 Assessor's No.: 1$4110-092 GRANT DEED OF DEVELOPMENT RIGHTS To meet the condition of approval number for Collect and Convey,Oliver Nalley and Christina Nalley(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 00-00055 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, extent 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. W-111, The undersigned executed this instrument on Z ate). OWNER: OLIVER NALLEY AND CHRISTINA VALLEY, TRUSTEES OF THE NALLEY TRUST, DATED OCTOBER 22, 1990 BY:n, �-o- (Signature) PRINT NAME: OLIVER NALLEY TITLE: TRUSTOR Trustee of the Nalley Trust UTD 10/22/90 13Y: lk"4 02 .gnature} PRINT NAME: CHRISTINA NALLEY TITLE: TRUSTOR Trustee of the Nalley Trust UiTD 10/22190 f� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of HCl J On �/" before me, ie1�1'' DA NAME,TITLE OF OFFICER,E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared .! - ' Z-Z.6 ` i NAME(S)OF SIGNER(S) d personally known to me - OR - proved to me on the basis of satisfactory evidence_ to be the personal whose name} Aare subscribed to the within instrument and ac- knowledged to me that /tom executed the same in /their authorized capacityLies , and that by /their r s CORDON R. SCHELL signature on the instrument the person, 01 CE:IIdSA'W.ig 125928 0 -� �^'NOTARYPUBLIC-GALIr=ORNIA� Or Irl entity upon behalf of which the ' CONTRA EXP.APRIL 3, 00 erso acted executed the instrument. „rrowa+ COMM.Ni.EXP.APRIL 3;20Q4' p 1 s W1Tl�l my ana o i l 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. :/ ..' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL f ' 1147 .0 CORPORATE OFFICER G; V a0PM C—:-flT_ -- � TITLE OR TYPE OF DOCUMENT TITLE(S) C� PARTNER(S) CI LIMITED El GENERAL E] ATTORNEY-IN-FACT NUMBER OF PAGES F� TRUSTEE(S) Cl GUARDIAN/CONSERVATOR ❑ OTHER: — , c)4 DATE OF DOCUMENT FR#S REPRESENTING NAMEO NAME OF PERSON(S)OR ENTt'rY(!€5) SIGNERS S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remnmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 `3 429-03GDDR.DOC (February 02, 2004) Sheet I of 1 Take from Nalley — Give to County EXHIBIT 'A' GRANT DEED OF DEVELOPMENT RIGHTS (Subdivision MS 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. 154-110-092 (a portion of) AkANO . JB Schell & Martin, Inc. Civil Engineering & Land Surveying Lafayette, California . f 429-03deedA.DOC (September 18, 2003) SHEET 1 OF 2 Proposed Subdivision MS 00-0005 EXHIBIT 'A' LEGAL DESCRIPTION FOR: PROPOSED PARCEL `A' -- SUBD. IMS #00-0005 Real property situated in the County of Contra Caste, State of California, beim described as follows: A portion of that parcel of land described in the deed to Oliver Nalley and Christina Dalley, recorded in September 10, 1998, at Series #98-0218364, Contra Costa County Records, beim further described as follows: Beginning at the northwest corner of said Nalley Parcel (Series #98-0218364); thence leaving said point of beginning along the north line of said parcel North 90°00'00" 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 54°46`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 alone 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) NO BY: GORDON R. SCI-TELL L.S. #6849 ' Schell & Martin, Inc. Civil Engineering and Land Surveying Lafayette, California.