HomeMy WebLinkAboutMINUTES - 03082005 - 2005 RES 127 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 March 8, 2005,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER ANTD UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 1.27
SUBJECT: Accepting Grant Deed of Development Rights,for Subdivision 80-06013,being developed by LBL-
DUC III Bethel Island LLC, Bethel Island area.. (District V)
IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED:
INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT:
Grant Deed of Subdivision 80-06013 LBL-DUC III Bethel Island V
Development Rights Bethel Island, LLC
I hereby certify that this is a true and correct copy of an action
KD:rm taken and entered on the minutes of the Board of Supervisors
G:1GrpDatalEngSvcr$o\2005103-081SD 80-06013 BO-27.doc on the date shown.
Originator: public works(ES)
Contact:Chris Lsu(313-2293)
Recording to be completed by First American Title Company ATTESTED: MARCH 082 2005
cc: Current Planning.Cor,snuttity Development JOHN SWEETEN, Clerk of the Board of Supervisors and
LBL-DUC ill Bethel island LLC County Administrator
14107 Winchester Blvd.,#H
Los Gatos,CA 95032
Attn-Joseph P.Fanelli
First American Title Company
1355 willow way,#loo By Deputy
Concord,CA 94520
RESOLUTION NO.2oo5/127
Recorded at the request n£:
Contra Costa County
Board of Supervisors
Return to:
Public,works Department
Engineering Services Division
Records Section
Area:Bethel Island
Subdivision:6013
APP:031.01 002&006;031-140.012&013;030-010-013&029;030.021.001
GRANT DEED GE DEVELOPMENT RIGHTS
To meet condition(s)of approval number seven of Subdivision 6013,we,LB/L-DDC III BETHEL
ISLAND LLC,_a Delaware limited liability com„panv(Owner(s))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 I J K and L of Subdivision 6013 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."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 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 -ter,^. l f i S
LB/L DUC III BETHEL ISLAND LLC, a
Delaware limited liability company
By: LB/L DUC III MASTER LLC,
A Delaware limited liability company
Its: Member
By: LB/L LAKESIDE CAPITAL PARTNERS,
A Delaware limited liability company
Its: Managing Member
By:
MwnT.AndWn
Its: 0810ry
(See attached notary)
E);.l°IIBIT"A"
Legal Description
Real property in the unincorporated area of the County of Contra Costa, State of California,
described as follows:
Parcels I,J,K and L as shown of the final Subdivision Map 6013 ,Recorded ,
2005, in Book Page of Official Records.
STATE OF CALIFORNIA }ss
COUNTY OF
onAw-w-agAbem me, �l a Notary Public in and for said State,
personally appea pd rk personalty known to me 4zpmue t.to-ne
to be the personM whose name is/asubscribed to the within instrument and
acknowledged to me that he/MeMwy executed the same in his/ r authorized capacity(a },and that by
histharAhel+-eignaturr on the instrument the person{il}or the entity upon behalf of which the person�r}acted,
executed the ins tni nt.
WITNESS my hand and caflicial at.
Signature
O, ARSENAULT
Cornmb*)n# 1517486
Notary
� �
DILL-DUC TIT BETHRL ISLAND LLC
RESOLUTION OF MAhAGr�G MEMBER LB/L-DUC ITI NIASTER LLC
February 115 X305
The undersigned, being the managing member (the "Member") of LB/1,
DJC III Master LLC, a Delaware limited habiliry company (the "Confpa�qy"), is
executing this resolution puxsuant to the provisions of the Delaware Limited Liability
Company Act, 6,Del, C. Ann.. tit. 6 §§ 18-10,7 er seg. and the Limited Liability Cornpzny
Agreement of, the Company, DOES HEREBY TAKE the following actions and DOES
HEREBY CONSENT to the adoption of the following resolutions:
WHEREAS, the Company has purchased and is developing Certain real
property located in Bethel Island, County of Contxa Costa, California (the "Bethel Island
Developrnen(t ; and
WHEUAS, the Company desires to authorize Melvin Andrews, as an
authorized signatory of the Managing Member of the Membcz, to execute, on behalf of
the Company, al.l agreements, documents and other certificates or instrurnemts ncceasary
or appropriate in connection with the Bethel Island.Development.
NOW, THEREFORE, BE IT RESOLVED, that Ivlel.vin Andrews, as an
authorized signatory of the Managing Member of the Member, is authorized and
empowered to execute, deliver and perform on behalf of the Company agreements,
docurnents and other certificates or instruments in connection. with the Betbel Island
Development.
RESOL VED FURTHER, that any and all actions taken to state, including
the execution of documents that would have been within the authority conferred herein
had these resolutions predated such actions by Melvin Andrews be, and they l-ternby arc,
ratified., approved and confirmed,
[Signature Page Fallows
IN tiVIfiNEESS WHEREOF, this consent has beer, executcci and filed with
the re orris of Company.
LBIL-DUC III MASTER LLC
by its Managing N4cmber
LB/Lakeside Capital Partners LLC,
a Delaware limited liability company
Name. Ma h-a 1eIngs --�'
Its. Aut .prized Signatory