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Home My WebLink AboutMINUTES - 06082004 - C13 _ 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, UILKENA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 292 SUBJECT: Acceptance of Grant Deed 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) KD:rm I hereby certify that this is a true and correct copy of an action o:\GrpData\EngsVo\Bo\004,06-08-04\MS 01-0021 so-a7.doe taken and entered on the minutes of the Board of Supervisors Originator: Public works(ES) on than date shown. Contact.Frank Navarro(313-2264) Recording to be completed by Old Republic Title Company cc: Current Phmning,CommunityDevelopment ATTESTED: JUNE 08, 2994 WithersProperties,Terrace 2 1-A Tiana Tetrace JOHN SWEETEN, Clerk of the Board of Supervisors and 2 Lafayette,CA 94549 County Administrator Atte:Christopher Wright,Manager Old Republic Title Con4)any 3000 Clayton Road Concord,CA 94519 ,/ gY /_"` ,Deputy RESOLUTION NO.2004/ RECORDED AT THE REQUEST OF: Contra Costa County Public Works Department Engineering Services RETUR-N 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 Costs (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"X'. 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. . 44 The undersigned executed this instrment on (date) Withers Properties,LLC, a California Limited Liability Company By: Astopheffr4,kanager {See attached notarization} Subdivision: MS 01-1021 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 Ares" (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 �r State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On me, Though statute does not require the Notary to fill E A ITi o IA C. in the data below,doing so may prove invaluable ✓ to persons relying on the document. person y appeared NAME(S)WSI E INDIVIDUAL personally known to me-OR- provided to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and T7b7 acknowledged to me that he/she/they executed PARTNER(S) LIMITED makmion the same in his/her/their authorized GENERAL *"V 1�t1!>TrC•CGOOMIG capacity(ies),and that by his/her/their sig- ATTORNEY-IN-FACT Ctft Cwial{.tiitflilt nature(s)on the instrument the person(s)or the TRUSTEE(S) WCO .LOW Jun � entity upon behalf of which the person(s)acted, GUARDIAN/CONSERVATOR executed the instrument. OTHER: ESS,tty hand• d offiGsr' 1, SIGNER I3 REPRESENTING: ,,;� (NAME OF PERSONS)OR ENTITY(IES)l tG O O'AR 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 INSTRUCTIONS TO NO I ARY 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. POR ALL SIGNATURES -The name and interest of the signer should be typed or printed$ENEATII the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES EOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-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. SIGNATURES I?OR CQUOR_ATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. �a)The Chair of the Board b)The President c)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 O:\GRPDATA\PNOSVCUGHM1999\APRIL17582 LE.t PORM.DOC Rev.July 21,1997