The URL can be used to link to this page

Home My WebLink AboutMINUTES - 03082005 - C13 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: March 8, 2005 SUBJECT: Accepting Grant Deed of Development Rights, Bethel Island area. ,SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 127 for Subdivision 80-06013,,accepting Grant Deed of Development Rights,for project being developed by LBL-DUC III Bethel Island LLC, Bethel Island area. (District V) FISCAL IMPACT: None. BACKGI2, OUND/REASON(() FOR RECOMMENDATION(S): Conditions of approval require the applicant to grant development rights to the County for certain areas designated as open space and common areas. CONSEQUENCES OF NEGATIVE ACTION: The Grand Deed of Development Rights will not be accepted. s. Continued on Attachment: SIGNATURE: _L.-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE OTHER .,�ROVE 00e- SIGNATURE(S MARCH 08 ACTION OF BO(- ON APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. UNANIMOUS(ABSENT NONE AYES: NOES: ABSENT: ABSTAIN: ATTESTED: MARCH 08, 2005 KD:rm JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\BO\2005\03-08\SD 80-06013 BO-27.doc Supervisors and County Admini• strator .4 Originator: Public Works(ES) Contact:Chris Lau(313-2293) cc: Current Planning,Community Development LBL-DUC III Bethel Island LLC 14107 Winchester Blvd.,#H By5 Deputy Los Gatos,CA 95032 Attn:Joseph P.Fanelli First American Title Company 1355 Willow Way,#100 Concord,CA 94520 i � i 5 f r �+ I } 7 Recorded at the request of.- Contra f: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 AND UILEMA. NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2005/ 127 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:r taken and entered on the minutes of the Board of Supervisors G:\GrpData\EngSvc\BO\2005\03-08\SD 80-06013 BO-27.doc on the date shown. Originator: Public Works(ES) Contact:Chris Lau(313-2293) Recording to be completed by First American Title Company ATTESTED: MARCH 089 2005 cc: Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and LBL-DUC III Bethel Island LLC County Administrator 14107 Winchester Blvd.,#H Los Gatos,CA 95032 Attn:Joseph P.Fanelli First American Title Company in 1355 Willow Way,#100 By ,Deputy Concord,CA 94520 RESOLUTION NO.2005/127 t f t �" r v t t Recorded at the request of.- Contra f:Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area:Bethel Island Subdivision:6013 APN:031-010-002&006;031-140-012&013;030-010-013&029;030-021-001 GRANT DEED OF DEVELOPMENT RIGHTS To meet condition(s)of approval number seven of Subdivision 6013,we,LB/L-DUC III BETHEL ISLAND LLC, a Delaware limited liability,company(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 onf� / ' . 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: IA91%4n T.Atidrews Its: A-41.,ji7ed-slanatory (See attached notary) � J EXHIBIT "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. I � 4 w Y STATE OF CALIFORNIA ass COUNTY OF } On " ',before me, ,a Notary Public in and for said State, personally appea ed '�� ,personally known to me tt .prove .to—me v )to be the personW'whose name is/am-subscribed to the within instrument and acknowledged to me that he/Meft.7 executed the same in his/ 'r authorized capacity(49e�,and that by his/AwA4&-signature, on the instrument the person or the entity upon behalf of which the person ) acted, executed the instrument. WITNESS my hand and officia eal. Signature ., �bz •;r,,... 0. ARSENAULT Comm on# 1,517486 Notes Pubk. rte 14s Argo* aur* i � � LB/L-DUC IIT 13ETHEL ISL�'D SLC RESOLUTION OF MANAGLNG MEMBER LB/L-DUC III MASTER LLC February I�, 2005 The undersigned, being the manaCing member (tlic "Merxber") of L.B/L - DUC III Master LLC, a Delaware limited liabiliry company (the "Con:pony"), is executing this resolution pursuant to the provisions of the Delaware Limited Liability Company Act, 6 Del, C. Ann.. tit. 6 §§ 18-10) er seq. and the Limited Liability Company Agreement of. the Company, DOES HEREBY TAKE the following actions and DOES HEREBY CONSENT to the adoption of the following zesolurions: WHEREAS, the Company has purchased and is developing certain .r,cal properly located in Bethel Island, County of ContTa costa, California-(the "Bethel Island Development"); and WHEREAS, the Company desires to authorize Melvin Andretivs, as an authorized signatory of the Managing Member of the Member, to execute, on behalf of the Company, all agreements, documents and other certificates or instruments necessary or appropriate in connection with the Bethel Island Development. NOW, THEREFORE, BE IT RESOLVED, that Melvin Andrews, as an authorized signatory of the Managing Member of the Member, is authorized and empowered to execute, de-liVCT and perform on behalf of. the Company agroomonts, documents and otber certificates or instruments in connection, -vvitr the Bethel Island Development. RESOLVED FURTHER,, that any and all actions taken to date, including the execution of documents that would have been within the authority confencd herein had these resolurions predated such acb,ons by Melvin Andrews be, and they herby arc, ratified, approved and confirmed, [Sip,atarePage Follows] I r � 0 0 f M IN NVIT ESS WHEREOF) this conscm has been executcd and filed with the records of Company. LB/L-DUC HI MASTER.LLC by its Mamagzng Mem.b cr LB/Lakeside Capital Partners LLC, a Delaware limited liability company BY N ame: MIL ha J e Ings Its; Aut .oi ized Signatory i J