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Home My WebLink AboutMINUTES - 09101996 - C11 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 Order on September 10, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson,. Smith NOES: None �f ABSENT: None ABSTAIN: None RESOLUTION NO.: 96/389 SUBJECT: Approving Deferred Improvement Agreement along Solano Avenue for Minor Subdivision 3-95 (Parcel A),Bay Point area. APN 096-043-005 The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with James C. Muir and Maxine S. McMartin, as required by the Conditions of Approval for Minor Subdivision 3-95. This agreement would permit the deferment of construction of permanent improvements along Solano Avenue which is located in the Bay Point area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. RL:mw g:\cngsvc\bo\bolO.t9 Originator. Public Works(ES) Contact: Rich Lierly(313-2348) 1 harabl►GW*Od Ads b bw aA mm d,77 d cc: Recorder(via Title Co.)then PW Records an amn Mein and wftw on " mm"ofto James C. Muir owd of supw4um an rr dots sham Maxine S. McMartin fapsA�d ��6 275 Oak Vue Road,Pleasant Rill,CA 94528 Mr{hsldlA Recorded at the request of. ppI CONTRA COSTA COUNTY Vl Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION Area: Bay Point Road: Solano Avenue Co.Road No: 5385 U Project: MS 3-95 Assessor's No: 096-043-005 Space above for exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project: MS 3-95) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER:(See note below) J.Michael Walford Public Works Director n By J s C. Muir �u,N RECOMMEND APPROVAL: By: �� — E S sion Maxine S.McMartin FORM APPROVED: ictor J.Westman,County Counsel (NOTE: this document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) (see attached notary) 1. PARTIES. Effective on /D,19%e the County of Contra Costa,hereinafter referred to as"County"and James C. Muir/Maxine McMartin hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property he owns as described in Exhibit"A"attached hereto and wishes to defer construc- tion of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit"A".All the terms,covenants and conditions herein unposed are for the benefit of County and the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the benefit of the land described in Exhibit"A"and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A",the terms of this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A",shall fulfill all the terms of this agreement upon demand by such city as city originally.though Owner had contact with such ciinally. Any annexing city shave hall hall rights of a third party beneficiary. _ - -.– _--- CALIFOR)VIA ALL-PURPOSE ACKNOWLEDGEMENT State of u ' OPTIONAL SECTION County CAPACITY CLAIMED BY SIGNER On 4211k before me, d_ Though statute does not require the Notary to DATE'►7iGl[;1fti M OFPe lE--G.' (�� fill in the data below,doing so may Prove in- personally eppeared�I C� MW tO ��C 1�t p INDIVIDUALpersonsvaluable to relying on the document, ❑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))(/are subscribed to the within instrument and O PARTNER(S) O LIMITED acknowledged to me that althey ❑GENERAL same Martha Douglas executed pacityin hk-and helrby OATTORNEY-IN-FACT V Comm. #11000825 4kfiwWtheir signature(s)on the O TRUSTEES) TARY PUBLIC CALIFORNIAQ ❑GUARDIAWCONSERVATOR CONTRA COSTA COUNTY Q instrument the person(s)or the entity O OTHER: comm EXPIr"Aug is 1997 j upon behalf of which the person(s) acted,executed the instrument WITNESS my h nd and o tial seal, SIGNER IS REPRESENTING: N•.IE of PERSONS)o"OnMQU) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE Twuowa.rt.b.bag q1 byiw d-d WW C.Wa FWAW t".W"t I.WhC1.11.ft��It bnti INSTRUCTIONS TO NOTARY 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 be signed exactly as it is typed or printed. tl. SIGNATURES FOR INDMDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have e authority o sign for an n e partnership. N. SIGNATURES FOR CORPORATIONS ocumenshould signed by two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board b The President P Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer 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". 4�1�ry_nsw