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Home My WebLink AboutRESOLUTIONS - 01012001 - 2001-359 Recorded at the request of: Contra Costa County � �' I Il�1 'I F� �� )�� 1it�I(� �'� 1 0 Public Works Department Engineering Services Division Return to: CONTRA COSTA Co Recorder Office Public Works Departmnt STEPHEN L. WEIR, Clerk-Recorder Engineering Services Division DOC— 2001-0234233-00 Wednesday, AUG 08, 2001 14:55:25 FRE $0.00 Ttl Pd $0.00 Nbr-0000480307 Irc/RS/1-3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 7, 2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER, AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2001/359 SUBJECT: I Authorize Acceptance of Release and Indemnification for Subdivision (cross- reference SUB 6284)being developed by Fox Creek Residential Association,Walnut Creek area. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Release and DP 3001-82 Fox Creek Residential WalnutCreek Indemnification (cross-reference Association SUB 6284) 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. G:1GrpData\EngSvc\B01200]\BO 8-7-0l,doc ClAap Originator: Public Works(ES) contact:Rich Lierly(313-2348) cc: Recorder(via Clerk)then PW Records ATTESTED: AUGUST 07, 2001 current Plaunnig,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator BY: DEPUTY RESOLUTION 2001/ 3 5 9 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Records Section Area: Walnut Creek Road: Las Juntas Way Co.Road No.: 4054F Project: DP 823001 APN: 184-440-060 RELEASE AND INDEMNIFICATION The FOX CREEK RESIDENTIAL ASSOCIATION, a California Nonprofit Mutual Benefit Corporation, hereinafter referred to as "Association, " declares the following: a. Association is a condominium homeowners association, within the contemplation of the Davis-Sterling Common Interest Development Act of California (California Civil Code sections 1350 et seq. ) , and has the exclusive authority and responsibility for management and improvement of the common area of the Fox Creek residential condominium project, otherwise known as Subdivision 6284, recorded in the Contra Costa County Recorder's Office, in Book 268 of Maps at Page 1 ("project") . b. Association has obtained the consent of the County of Contra Costa ("County") to construct 6-foot iron fencing on both sides of the entrances to the project, within the Las Juntas Way public right-of-way. C. In consideration of said consent, Association agrees to move or remove the said fencing at its own expense and at the County's request if at any time the County deems it necessary. d. In further consideration of said consent, Association hereby releases the County and the Contra Costa County Public Works Department, their respective officers, agents and employees from any claim, cost, or liability arising out of or in connection with any damage to the site improvements resulting from the construction of the 6-foot iron fencing within the Las Juntas Way public right-of- way. e. In further consideration of said consent, Association hereby agrees to defend and indemnify, and hold the County and said Public Works Department, their respective officers, agents, and employees harmless from any claims, costs, demands, expenses or liability; including without limitation all consequential damages, arising out of or in connection with any damage of the site improvements resulting from the construction or the 6-foot iron fencing within the Las Juntas Way public right-of-way. f. This Agreement is an instrument affecting the title or possession of the real property described above, and shall be binding on and inure to the benefit of all heirs, successors and assigns . The undersigned corporation executed this instrument on June 26, 2001 . FOX CREEK RESIDENTIAL ASSOCIATION By e . By F•CI.� Saib rai/Tyler, President y Lutz, Sec ary :mw V / \\PWSI\SHARDATA\GrpData\EngSvc\Forms\AG WORD\AG-23.doc Rei'.7iroe Z3,1939 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER Onbefore me, kd P61,5 I- Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G-,"JANE DOE,NOTARY PUBLIC- the data below,doing so may prove invaluable to personally appeared _& -7-X) persons relying on the document.6 NAW(S)OF SIGNFR(S) 11 INDIVIDUAL X personally known tome-OR-E] proved tome on the basis of satisfactory evidence to X CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed to the within instrument and TITLE(S) acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED - - - - the same in his/her/their authorized I IJ GENERAL CAROLINE F. LUTZ capacity(ies),and that by his/her/their 0 ATTORNEY-fN-FACT COMM.1111215591 signature(s)on the instrument the person(s)or NOTARY PUBLIC-CALIFORNIA The entity upon behalf of which the person(s) 0 TRUSTEE(S) CONTRA COSTA COUNTY 0 acted,executed the instrument. El GUARDIAN/CONSERVATOR 6000MM.EXP.APRIL 11,2003- 11 OTHER: WITNESS my hand and official seal, SIGNER IS REPRESENTING: (NAW OF PERSON(S)OR ENTITY(IES)) SIGNATURE OF NOTARY 0 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 CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGI IT, Number of Pages Though the data below is not required by law,it may prove valuable Date of Document fV. Z_1`111/ 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. The name must be signed exactly as it is typed or printed. 11. 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. Ill. SIGNATURES FOR PARTNERSHIPS - Sifning 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. The Chair of the Board The President c Any Vice-President GROUP 2. a The Secretary l b An Assistant Secretary ry cThe 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." JC— N\PWS4tSHARDATA\GrpD.ta'EngS-Wo—\WORD FORMS\ALL PURPOSE NOTARY d- kev,z htr j,'099