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Home My WebLink AboutMINUTES - 07221997 - C6 CONTRA COSTA COUNTY '77 CLERK OF THE BOARD 3 / 7 To: Joe DiMaggio Date: October 7, 1997 From: Jeanne Maglio, Chief Clerk By: Shirley Casillas, Deputy Clerk Subject: Notary Page from C.6, 7/22/97 Agenda Item Per our conversation the morning of October 7, 1997, I am sending you the original deferred improvement agreement and a copy of the board order and the notary page. Please calendar the rescinded board order as soon as possible as we agreed. Thank you for your help in this matter. Recorded at the request of: Contra Costa County Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 22, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/397 SUBJECT: Approving Deferred Improvement Agreement along Willow Road, West for LUT 2071-94 (APN 029-010-011), Bethel Island area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Jean&Robert R. Butler, as required by the Conditions of Approval for LUP 2071-94. This agreement would permit the deferment of construction of permanent improvements along Willow Road, West which is located in the Bethel Island area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of In action tn!s � and ent^_md the minutes of the RL:mw Board of Supe or 0�n t'::) hon G:\ENGSVC\BO\BO7-22.WPD ATTESTED: JU�y 2?-2 19 PHIL BATCHELOR.Clerk of tho board Originator:Public Works(ES) Of Supervisoom and County AdminfstratD? Contact: Rich Lierly(313-2348) e�s�s �yDeputy cc: Recorder(via Clerk)then PW Records y r Recorded at the request o.: CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION Area/Dist: Bethel Island Road: Willow Road, West Co.Road No: - 898? !9 Project: t 11P 2071-94 Assessors No: 029-010-011 Space above for exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project: 20 7/ — 94 ) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford � p Public Works Director B ' l RECOMNENDEDTM APPROVAL: By: E gi g ' 'ces Division FORM APPROVED: Victor 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 desig- nated representative groups pursuant to Corporations Code S313.) (see attached notary) 1. PARTIES. Effective on 7-2Z'T7 the County of Contra Costa,hereinafter referred to as"County"and Robert R. RUtl Pr and .lean Rut 1 Pr 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 imposed are for the benefit of County and the real property or interest therein which Mutes 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 temps of this agreement upon demand by such city as though Owner had contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. State of California countyof Contra Costa On 9/22/95 before me Mette P. Breaux, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Robert R. and Jean Butler NAME(S)SIGNER(S) in the capacity as Individual INDIVIDUAL,GENERAL PARTNER,CORPORATE OFFICER-E.G..VICE PRESIDENT ❑ personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(es),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. ®Hef3hefThey also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal, IN Mette P. Breaux P1/.•AFF P U COMM.:-#100395 4 .Yc Jj� '"ll�'NOTARYPUBLIC CALIFOPNIAM' CONTRA COSTA COUNTY 0 ti P,✓ I COMM ExoireSScp� Signature of Notafy SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR All SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR 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 FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (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. Notaization 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." g:\engsvc\work\notary2.new RE: LUP 2071-94 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: That parcel of land described in the deed from Donald F. Taylor and Dorothy K. Taylor to Robert R. Butler and Jean Butler, Recording Date: January 10, 1994 Series No.: 94-007155 :mw:sd G:\ENGSVC\JOSEPHULINE97\2071-94.WPD EXHIBIT "B" Land Use Permit 2071-94 EUPROVEMENTS Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-referenced development are located along Willow Road West for the parcel described in Exhibit "A": 1. Approximately 17,950 square feet of 24-foot wide street paving. 2. Approximately 1,500 square feet of 2-foot wide shoulder backing. 3. Necessary longitudinal and transverse drainage. 4. Temporary conforms for paving and drainage as may be necessary at the time of construction. 5. Mitigation of any wetlands impacts associated with the Willow Road West improvements through this property. 6. Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an inspection and plan review fee and applicable lighting fee. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Willow Road West is constructed to its ultimate planned width by the County or by an assessment district. 2. Public roadway improvements are constructed adjacent to the subject property. JD:rs g:engsvc\ag\ag 14.t 12 Recorded at the request or: CONTRA COSTA Cc Recorder's Office Contra Costa County STEPHEN L. WEIR, County Recorder Return to: Public Works Department DOC - J 7—Q247 3 y 6-00 Engineering services Friday, DEC 19, 1997 10:t$-3�-;ZO•"7 FRE $0.00; ; Ttl Pd $0.00 Nbr-0000260976 lrc /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 16, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/689 SUBJECT: Rescind Resolution No. 97/397 (Approve Deferred Improvement Agreement for LUP 2071-94, Bethel Island area). On July 22, 1997, the Board authorized the Public Works Director to execute a deferred improvement agreement with Jean and Robert R. Butler for improvements along Willow Road, west, as required by the conditions of approval for LUP 2071-94. The aforesaid deferred improvement agreement was not recorded because the notary acknowledgment was not acceptable to the County Recorder. The Board hereby FINDS that the above-mentioned deferred improvement agreement is not acceptable for recording. NOW THEREFORE BE IT RESOLVED that the aforesaid resolution number 97/397 is RESCINDED. RL:ID:mw Aareby "W rb k a trw and�ICOttaCf nuiu�of •, eetion r z G:\ENGSVC\BO\BO12-16.WPD bwrd of Sup� ora o°berthe�a' t;v:tY997 �ecem Originator: Public Works(ES) AITESTEIL BATCHELOR,^terk cf tts toard Contact: Rich Lierly(313-2348) a,Supervlaora ww County A�dminlWatw cc: Recorder(via Clerk)then PW Records ayh Robert R.Butler 2980 Taylor Road,Bethel Island CA 94511