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HomeMy WebLinkAbout059-83 ,i DANVILLE Town of Danville 542 San Ramon Valley Boulevard Danville, CA 94526 (415) 820-6337 RESOLUTION NO. 59-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE Authorizing Acceptance of Instrument Danville Boulevard, Opposite E1 Portal IT IS BY THE COUNCIL ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR Grant Deed SUB 5750 John W. May & Margaret of Development C. May, Husband & Wife, Rights as Joint Tenants PASSED, APPROVED AND ADOPTED this 20th day of June, 1983, by the following vote: AYES: Mc Neely, Offenhartz, Schlendorf NOES: None ABSENT: Lane, ?~.~ ~~ MAYOR (y ATTEST: ~~~~///~-~ /~"' ~ City Clerk Public Works (LD) Recorder (via LD) then PW Records Director of Planning Resolution No. 59-83 Page 2 CONTRA COSTA COUNTY} PUBLIC AGENCY /.-2.-(C.C. 1191, 1181, 1184) ~/~/~' ,who signed this document p,~:'s~nally know to me, and known to me to be above officer of tl~e a~.ove named public corpOratbn, agency or political subdivision o[the D.~.'[~ of Ca!ifornia on behalf of said public body, and he/she l:..~roon~lly aope~red before me on the date of .//~ -~ / ~' Y~ a~;d acknowledggd to me thst sa[d public b~y e~(ecuted this document. ~' City Clerk ~_ ~ / ? F ~ _ City of Danville D GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, JOHN W. MAY and MARGARET C. MAY, hus- band and wife, as joint tenants, hereby grants to the CITY OF DANVILLE a political subdivision of the State of Cali- fornia (hereinafter "CITY") and its governmental successor or successors, the future "Development Rights",. as defined hereinbelow, in those certain lots of real property situate in the City of Danville, County of Contra Costa, State of California, more particularly described as follows: A portion of Lots 6,7,8,9, and 10 and desig- nated as a "Private Storm Drainage Easement" upon that map of Subdivision 5750 filed in the office of the Recorder of Contra Costa County, State of California on the day of 19 , in Book of Maps at page "Development Rights" are defined as the right to approve or disapprove any proposed construction, development or improvement which would substantially and materially change the nature of the "current proposed use" of said real property. The "current proposed use" of said real property is shown, in part, on said map and includes the following: a. private driveways associated with each individual lot; ~-' b. landscaping including irrigation facilities and trees; D Y c. non permanent storage structures; d. non permanent pet enclosures. The "Development Rights" are, and shall be a form of negative easement (but not a reciprocal negative ease- ment) over all of the real property particularly described above, which shall run with such particularly described real property and shall bind the current owner and any future owner or owners of all or any portion of the real property particularly described above. In the event of City's (or its successor's) disapproval of proposed construction covered by the conveyance of "Development Rights" herein, said proposed construction shall not be performed. City, or its successor, may condition its approval of any proposed construction upon the prior or subsequent performance of such conditions as City, or its successor, may deem appropriate. Any owner of owners of all or any portion of the real property particularly described above desiring to develop any improvement requiring the approval of City, or its successor, shall submit to the City Council of Danville, or the governing body of its successor, a written proposal describing the nature, extent and location of such improvement. City, or its successor, shall have sixty (60) days from receipt of such proposal in which to approve or disapprove the proposal. Failure by City or its successor, to approve or disapprove with- in said time shall be conslusively deemed to be approval of such proposal· Dated this~7 day of May, 1983 ~hn W. May // --2-- ACKNOWLEDGEMENT STATE 0F,('3~j_I~[;~t~[ ~ ) ON THIS c-~.7??DAY OF N'~. , 1~ .... ), BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE SAID COUNTY AND STATE, PERSONALLY APPEARED~A~ ~ [,,/~A'¥' P,~D iV~.RCC;AC_tq-(i. iVV\Y' , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON L~ THAT EXECUTED THE FOREGOING STATEMENT AND ACKNOWLEDGED TO ME THAT '~f~(/~XECUTED 21HE/SAME. _ co.oo... sc'; ;u j ,, i,15~'~ .oT^Rv "UaL,C -- C^L,~a.,A i ,,;k~..7 PRI~.~C~P^LOFF,CE~N ' NOTARY PUBLIC IN AND FOR THE CONTRA COSTA COUNTY j COUNTY OF ¢.c.~,CTCA- C~5~>T7~ ~YCe~ml, sZ~Explr~Apr. 3,19~ . STATE OF (')~l_i~fpClxii/'~v ~'-'- ~ .... ' 7:;i~nmmt~az~lsu~m~m~ MY COMMISSION EXPIRES: /~C'(" '~/ J '(-? ~)f-~ -3-