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Home My WebLink AboutRESOLUTIONS - 01012004 - 2004-292 j 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 June 8, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2 04/292 SUBJECT: Acceptance of Grant Beed of Development Rights(Creek Structure Setback),for Minor Subdivision 01-0021,being developed by Withers Properties,L.L.C.,Lafayette area. (District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 01-0021 Withers Properties,L.L.C. Lafayette II Development Rights (Creek Structure Setback) :rm I hereby certify that this is a true and correct copy of an action o:\orpData\EngSvc\'Bo\'2004\0"s-o \MS of-0021 130-27AOC taken and entered on the minutes of the Board of Supervisors Originator: Public worm(ns) on the date shown. Contact Frank Navarro(313-2264) Recording to be completed by Old Republic Title Company cc: Current Planning,Cor mw ity Development ATTESTED: JUNE 08, 2994 Withers-A Tiara,Terrace JOHN SWEETEN Clerk of the Board of Supervisors and 21-A Tiara Terrace � Lafayette,CA 94549 County Administrator Attn:Christopher Wright,Manager Old Republic Title Company 3000 Clayton Road Concord,CA 94519 BY Deputy RESOLUTION NO.2004/ RECORDED AT THE REQUEST OF: Contra Costa County Public Works Depattaxent Engineering Services RETURN TO: Public Works Department Records Section Area: Unincorporated Contra Costa County Subdivision: MS-01-0021 APN: 166-220-077 GRANT DEED OF DEVELOPMENT RIGHTS' (Creek Structure Setback) To meet condition of approval No. 39 of Minor Subdivision MS 01-0021,and in conformity with Title 9, Chapter 914-14012 of the Code of Contra Costa County, California, 'Withers Properties,LLC,a California Limited Partnership, (Owner and Grantor)hereby grants to the County of Contra Costa (Grantee) and governmental successor or successors of said county,the future development rights,as defined herein below, over that portion designated as "Restricted Development Area"(creek structure setback) of that real property known as Parcel C and Parcel D of Minor Subdivision MS-01-0021, situated in the County of Contra Costa, State of California, and more particularly described in Exhibit"A". attached hereto. Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development, or improvement within the area 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 disapproval by Grantee(or successor),of proposed construction, said 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) 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 approval of such proposal. . The undersigned executed this instrument on.6--//—/ 'T (date) Withers Properties,LLC, a California Limited Liability Company By: stopper anager (See attached notarization) .............................. Subdivision: MS 01-0021 Restricted Development Area(Creek Structure Setback) EXHIBIT"A" All that real property situated in the County of Contra Costa, State of California, described as follows: That portion of Parcel C and of Parcel D designated as"Restricted Development Area"(Creek Structure Setback), shown on the Parcel Map of Minor Subdivision MS 01-0021,on file at the Office of the Recorder for Contra Costa County, California, as follows: Date• Book: Page: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACI'T'Y CLAIMED BY SIGNER On me, Though statute does not require the Notary to fill E J J= o In the data below,doing so may prove invaluable 71)person y appeared to persona relying on the document. AME(S I INDIVIDUAL CORPORATE OFFICER(S) personally known to me-OR- provided to me on the basis of satisfactory evidence to ( } be the person(s)whose name(s)islare rtrLE{s) subscribed to the within instrument and 13'767 acknowledged to me that he/she/they executed PARTNER(S) LIMITED the same in histherAheir authorized GENERAL NOW 1 dit•� capacity(ies),and that by his/her/their sig- ATTORNEY-IN-FACT I C CaDnka coda nature(s)on the instrument the person(s)or the TRUSTEE(S) * aW 7.31!107 entity upon behalf of which the person(s)acted, GUARDIANlctSNSERVATOR executed the instrument. OTHER: ESS,my hand d officyi$ SIGNER IS REPRESENTING: (NAM OF PERSON( BN S)OR rITY(IES)) 07 AR IG 0 OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTR TIONS TO N(}TAIV 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 he signed exactly as it is typed or printed. II. SIGNAMUS FOR INDIVIDUAL -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATI IRF. FOR PARTNER. HIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNAT11RES FOR COE20 ATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. �c) a)The Chair of the Board b)The President Any Vice-President GROUP 2. ((a)The Secretary (b)An Assistant Secretary (c)The 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". MW G:\GRPDATAIENGSVCJOW1999\APRJLU582 LE-1 FORMMOC Rev.July 21,1997