HomeMy WebLinkAboutMINUTES - 04201993 - 1.2 (2) Recorded at the request of:
Contra Costa County
Return to:
Public Works Department
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 20, 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO.93/181
SUBJECT: Exonerate Subdivision Agreement and Accept Instrument for Subdivision MS
105-88, Alamo Area.
On October 30, 1990, this Board approved a subdivision agreement with Lowell
Aspelund, for the construction of road and drainage improvements required for the
subdivision of his property.
The Public Works Director now informs this Board that the improvements previously
bonded will now be assured by a Grant Deed of Development Rights over lots B,C, and D
of Minor Subdivision 105-88. The Grant Deed of Development Rights will be released when
the required improvements are either constructed or bonded once again.
IT IS BY THE BOARD ORDERED that the Grant Deed of Development Rights
for MS 105-88, granted by Lowell Aspelund is hereby ACCEPTED.
IT IS FURTHER ORDERED that the subdivision agreement with Lowell Aspelund,
as approved by the Board on October 30, 1990 is TER fiNATED and the improvement
security bond issued by American Motorists Insurance Company (Bond No. 3SM 760 569
00) with Lowell Aspelund as principal is EXONERATED.
IT IS FURTHER ORDERED that the Public Works Director is AUTHORIZED to
refund the $1,000 cash deposit (Auditor's Deposit Permit No. 180081, dated October 9,
1990) plus interest in accordance with Government Code Section 53079, if appropriate, to
Lowell Aspelund, pursuant to the Subdivision Agreement and Ordinance Code section 94-
4.406.
i hereby certify that this is a true and correct copy �t
an action taken and enteted on the minutes of tt%e
Board of Supervisors on the date shown.
ATTESTED: APR 2 0 1993 �.
PHIL BATCHELOR,Clerk of the Board
of Supervisors and Cou Administrator
—,,Deputy
Originator:
Originator: Public Works (ES)
cc: Public Works - Accounting
- Construction
Director of Community Development
Lowell Aspelund
2745 Washington Boulevard
Fremont, CA 94539
American Motorists Insurance Company
P.O. Box 1327
1.81 2nd Ave.,Ste 560
San Mateo, CA 94401
MM:cl
B020.t4 RESOLUTION N0. 93/181
EXHIBIT "A"
ES-Subdivision MS 105-88
All that real property situated in the County of Contra Costa, State of
California, described as follows:
All of Parcels B, C, and D as shown on Subdivision MS 105-88 as recorded
on November 2, 1990, in Book 149 of Parcel Maps, page 24, on file at the County
Recorder's Office.
0 �
Recorded at the request of:
CONTRA COSTA COUNTY '
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Records Section
Area: Alamo
Road: N/A
County Road No.: N/A
Project: MS 105-88
Assessor's No.: 192-272.005
GRANT DEED OF DEVELOPMENT RIGHTS
To meet condition numbers 9A, 1 through 6, 9B, 9C, 9D, 9E, and 9F of Subdivision MS 105-88, I, Lowell
Aspelund, (owner) hereby grant to the County of Contra Costa, a political subdivision of the State of
California, Grantee, and its governmental successor or successors, the future "development rights," as
defined herein below over a portion of that real property known as Parcels B, C, and D of Subdivision
MS 105-88 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 parcels B, C, and D. The "development
rights" are and shall be a form of negative easement which shall run with the said property and shall
bind the current owner and any future owners of all or any portion of said property. In the event of a
disapproval of proposed construction by the Grantee or its successor, said proposed construction shall
not be performed. Grantee or its successor may condition its approval of any proposed construction
upon prior or subsequent performance of such conditions as Grantee 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 its successor herein shall submit to such entity a written proposal
describing the nature, extent, and location of such improvement. Grantee or its successor shall have
sixty (60) days from receipt of such proposal in which to grant its approval or disapproval. Failure by
Grantee or its successor to respond in said time period shall be equivalent to the approval of such
proposal.
�--L- ell Aspelu-ncr
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of (f a I I -tfo e,j,A, OPTIONAL SECTION
County of 74 1 A M� �>A CAPACITY CLAIMED BY SIGNER
On 4-2 `y3 before me, (u.cQ K�c: (_ cJ�, I Through statute does not require the Notary to
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE, NOTARY PUBLIC' fill in the date below,doing so may prove
invaluable to persons relying on the document
personally appeared Lowell Aspelund,
M INDIVIDUAL
k personally known to me-OR-0 provided to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
the person(s)whose name(s) Is/are
subscribed to the within Instrument and
acknowledged to me that he/she/they TITLE(S)
dd ecuted the same in his/her/their
OFFICIAL SEAL thorized capacity(ies), and that by 0 PARTNER(S) O LIMITED
Brad Fuellenbach is/her/their signature(s) on the instrument ❑GENERAL
t e person(s) or the entity upon behalf of
EO:
NOTARY PUBLIC-CALIFORNI ich the person(s) acted, executed the ❑ATTORNEY-IN-FACT
ALAMEDA COUNTY t trument. 0 TRUSTEE(S)
My Comm.Expires June 23,199-.. NE my hand and�o� nfficia [3 GUARDIAN/CONSERVATOR
l seal, 0 OTHER:
OFFICIAL SEAL SIGNATURE OF NOTARY
Brad Fuellenbach SIGNER IS REPRESENTING:
NOTARY PUBLIC-CALIFORNIA NAME OF PERSON(S) OR ENTITY(IES)
ALAMEDA COUNTY
My Comm.Expires June 23,1995
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT
TO THE DOCUMENT DESCRIBED AT RIGHT
NUMBER OF PAGES DATE OF DOCUMENT
Through the date requested here Is
not required by law, it could be
prevented fraudulent reattachment of
this form. SIGNER(S) OTHER THAN NAMED ABOVE
MM:fp
c:DE1\MS105.88.t4