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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-572 �Y 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 September 23, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/ 572 SUBJECT: Acceptance of Grant Deed of Development Rights(Creek Structure Setback),for Subdivision 8570, being developed by Fallman Land Investment Company,Byron area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of SUB 8570 Fallman Land Byron III Development Rights Investment Company (Creek Structure Setback) CL:rrn I hereby certify that this is a true and correct copy of an action G:\GtpData%ngSvc\Bo12003t9-23-03\SUB 8570 ars-27.doc taken and entered on the minutes of the Board of Supervisors ortglnstor: Public Works(ES) on the date Shown. Contact:Chris Lau(313-2293) cc: Recorder(via Title Company)then PW Records Current Planning,Community Development ATTESTED: SEPTEMBER 23, 2003 Fallman Land Investment Company 1380 Galaxy war JOHN SWEETEN, Clerk of the Board of Supervisors and Concord,CA 94522 County Administrator BY: DEPUTY RESOLUTION NO.2003/ 572 Recorded at the request of: Contra Costa County Public Works Department Engineering services Return to: Public Works Department Records Section Area: Byron Subdivision: SDO18570 APN: 011-240-001,015-160-001,015-160-002 GRANT DEED OF DEVELOPMENT FLIGHTS (Creek Structure Setback) To meet condition of approval number 62135 of Subdivision SDO18570, we, Fallman Land Investment Company, A California Corporation, (Owners) hereby grant(s) to the County of Contra Costa, a political subdivision of the State of California (Grantee) and governmental successor or successors of said county,the future development rights,as defined herein below,over a portion of that real property known as Parcels B and F of Subdivision SDO18570 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", except that fencing and landscaping, including trees and shrubs, are excluded from this restriction. 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 towner 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, 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 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. The undersigned executed this instrument on F- 0.3 (note). FaIlman Land Investment Company, a California Corporation 1 t By: By. (Print Name and Title) (Print Name Aad nfle) (See attached notary) :mw ttPWSitSHA3WATAICvpDoea EngSvc\Fomo:DE WOWDE•t.doc Pev.October 9,2001 Subdivision: SDO18570 Restricted Development Area(Creek Structure Setback) E'XMI`!' "A" All that real property situated in the County of Contra Costa,State of California,described as follows; A portion of Parcels B and F designated as ".Restricted Development Area (Creek Structure Setback)", shown on the final map of Subdivision SDO18570, on file at the County Recorder's Office as follows: Dater Book: Page: JD:mw c:w�n�u n$svclForm� ITS wQRI7lF.MBI`I'-A.doc prit a.zoos CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa } On September 8, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared Dennis M. Drew, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal D. PANTELES Comm.IF 12965135 tt�� NOTARY PUBLIC-CALIFORNIA Vl Contra Cassa County r - My Comm.Expires Match 9.2006"+ Pq Signature � .�`�. .......................................................................................................... Reference: Grant Deed of Development Right(Creek Structure Setback) Fallman Date: September 8, 2003 Pages: 1 (with Exhibit A attached) ACTION BY THE BOARD OF DIRECTORS OF FALLMAN LAND INVESTMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Fallman Land Investment Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes Kenneth H. Hofmann, Dennis M. Drew and/or A.T. Shaw to execute, in their authorized capacities, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements and bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: February 24, 2003 nAAan-n, Director Ibert T. Shaw, Director Dennis M. Drew, Director Richard L. Greene, Director c � ACTION BY THE BOARD OF DIRECTORS OF FALLMAN LAND INVESTMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Faliman Land Investment Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution; RESOLVED, that the corporation authorizes Kenneth H. Hofmann, Dennis M. Drew and/or A.T. Shaw to execute, in their authorized capacities, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements and bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: February 2$, 2003 Kenneth H. Hoffmann, Director Albert T. Shaer, Director Dennis M. Drew, Director R chard L. Greene, Director