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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-130 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA. Adopted this Resolution on February 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESAUL.NIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/130 SUBJECT: Acceptance of Instrument for Release and Indemnification Covenant for Subdivision 8394 being developed by Kenneth Repp and Halina Repp,Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Release and Subdivision 8394 Kenneth Repp Alamo IlI Indemnification and Halina Repp Covenant 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. Mcw 0--kGrpDst&T gSvc\I3M00312-25-03\MM 8394 BO-27.doc OrloContact: Public works 13-2 ATTESTER: FE$RUARRY 2S 2003 Contact: Rich I.aorly(313-2348) a cc, Retarder(via Title Company}then PW Records JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator Cwrrent Plaaniu&Co:ms:oity Devolopmest Kenneth Repp and Halins Repp 173 vernal Drive Alarnns CA 94507 BY '` Deputy RESOLUTION NO.20031 130 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public works Department Engineering Services Division Records Section Area: Alamo Subdivision: 8394 APN: 192-240-006 RELEASE AND INDEMNIFICATION COVENANT We, KENNETH I. REPP and HALINA C. REPP, as Trustees of the KENNETH I. REPP and HALINA C. REPP Revocable Living Trust,dated March 17, 1999,declare the following: a. We are the owners of lots 1,2 and 3 of Subdivision 8394, filed ,in Book of Maps at page b. We have obtained an exception to Section 914-12.002("Detention basins-Where permitted")of Title 9 of the Ordinance Code of Contra Costa County. C. In consideration of,and as a condition to,the granting of said exception,referred to in subparagraph(b)above,we, and each of us,agree to construct and maintain a private storm drain detention facility and to disclose to future buyers,of lots 1,2 and 3 of Subdivision 8394,that they are obligated to continue maintenance of said facility. d. In further consideration of the granting of said exception to Title 9,section 914-12.002,we,and each of us,hereby release the County of Contra Costa,and that county's 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 any failure of the privately maintained storm drain detention facility. C. In further consideration of the granting of said exception to Title 9, Section 914-12.002 , we, and each of us, hereby agree to defend,indemnify and hold said County and that county's 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 to the site improvements resulting from any failure of the privately maintained storm drain detention facility. f. This agreement is an instrument affecting the title or possession of the real property described above and shall inure to the benefit of the County of Contra Costa and shall be binding on all our heirs,successors and assigns. It- The undersigned executed this instrument on i��ia� A (Date) KENNETH I.REPP and HALINA C.REPP,as Trustees of the KENNETH L REPP and HALINA C. REPP Revocable Uving Trust,dated March 17,1999. Kt: th 1. Repp,trustee. ' �i Mcw Haling C.Repp,trustee. G:.GrpDatai�r&SvcJOSEPM?002.ManhSUB 8394 AG•23.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of EDW OPTIONAL SECTION County of Ozw t stn ��J1 CAPACITY CLAIMED BY SIGNER On� balbmmo. I J bkw, a •ui�v rivet Though statute dies not require the Notary to illi is the data below,doing so may prove Invaluable to personally appeared " 968P persons relying on the document. NAMRS)° 0 INDIVIDUAL 0 personally known to me-OR-11 proved tome on the basin of satisfactory evidence to 0 CORPORATE OFFICER(S) be the s)whose name(s)Jdare sm�tsk subscribed to the within instrument and acknowledged to me that b&W*Ahey executed 0 PARTNER(S) 0 UMIT D the same' their authorized 0 GENERAL rrr---- capacity(ies),and that by.hie tAheir 0 TTORNEY-IN-FACT` VOSICKA si s)on the instrument the persons)or {S) �' ' D. the entity upon behalf of which the penton(s) Comm.11269261 t� acted.executed the t. 0 GUARD3ANlCONSF..RVATOR tIoTay F ultic-CAUF�I►11A I 0 OTHER: Conus Costs couatlr '"` a sal. SIGNER IS REPRESENTING:EY Comm,Exphs laky 27,2004 "t° (NAM OF MOLSOMM as k SOMMIJUMP"OrARY OPTIONALSECTION "QUEket AND iNVEMNIOC4nDN THIS CFRR' 31FICATB MUST BE ATTACHED Title or Type of Document � » TO THE DOCUMENT AT RIGHT. Number of Pages 0t.46 Though the data below b not requited by law,it may prove valuable Tate of Documents hN'. 10. Z to persons retying on the document and could prevent gsudulent Signers)Other Than Named Above ro{uschment of this forma 219MILCIIM IQ XQ AU The following information is provided in an effort to expedite pwcessms of the documents. Signatures rei�uired on docultients must comply with the following to be acceptable to Contra Costa County. 1. WIL ALL ag== -The naame and 'interest of the signer should be typed or printed BEMM the signature. The name must be sped exactly as it a typed or printed. II. MU&M=FOR Rfl2DWVALfi-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stir M. SjMJ&U=FOR S.Signing party must be either a general partner or be authorized in writing to have the auawfity to sign for a] orna irepartijership IV. LNicumuft should be signed by two otncers,one from each of the following two groups: GROUP 1. (a}The{Mair of the Board (b)The President (c) Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C The Chief Financial Officer The Assistant Treasurer If signatures of oflaitxrs frons 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 si the instrument to execute instruments of the type in question is required.A cturetltty valid power of ,notarized,willsuf5e. Notarization of only one corporate sWatuxe or signatures from onl one up,must contain the following phrase: ..a�r3d aclmpw to me that such corporation executed the within' pursuant to its by-laws or a resolution of its Board of Directors.~ �> 1trryD�dVa� wt�Dl�%fSV4Y1.ltAtrKadaNOTARY.doe