HomeMy WebLinkAboutMINUTES - 08072001 - C.11 Co /�
Recorded at the request of:
Contra Costa County
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 7, 2001 by the following vote:
AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER , GERBER ,
AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2001/360
SUBJECT: Approve Deferred Improvement Agreement along Medford Court for Subdivision
MS 53-90(APN 161-150-005)being developed by Steven R. St.Gennain and Susan
A. St. Germain, Martinez area.
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Steven R. St. Germain and Susan A. St. Germain,Trustees of the St.
Germain 1998 Revocable Living Trust, as required by the Conditions of Approval for Subdivision
MS 53-90. This agreement would permit the defennent of construction of permanent improvements
along Medford Court, which is located West of Forsythia Way in the Martinez area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
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 date shown
G:\GrpData\EngSvc\BO\2001\BO 8-7-0l.doc
1D:lap ATTESTED: AUGUST 07 , 2001
Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors and
Contact: Rich Lierly(313-2348) County Administrator
cc: Recorder(via Clerk)then PW Records
Current Planning,Community Development
By , Deputy
RESOLUTION NO. 2001/ 360
` I
Recorded at the request of:
Contra Costa County
Public Works Department _
Engineering Services Division
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Martinez
Road: Medford Court
Project: NIS 53-90
A PN: 161-150-005
DEFERRED IMPROVEMENT AGREEMENT
(MS 53-90)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu Public Works Director Steven R. St. Germain and Susan A. St. Germain,
Trustees of the St. Germain 1998 Revocable Living
N _ Trust, i de Trust Agreement dated .July 9, 1998
By: (sig=u
Steven R. St. Germain, Trustee
RECOMMENDED FOR APPROVAL:
Z .
By: (signature) (
An /9
Services Division Susan A. St. Germain, Trustee '
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§313.)
(see attached notary)
1. PARTIES. Effective on 46 1-Z Z the County of Contra Costa,hereinafter referred to as"County"and
Steven R.St.Germain and Susan A.St. emtain hereinafter referred to as"Owner"mutually agree and promise as follows:
2. PURPOSE. Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction 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 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
though Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofD \ \(iOPTIONAL SECTION
County f 1�� rC 1 CAPACITY CLAIMED BY SIGNER
On (9 ,before me, L0 L r('f-,_ R�C�2J IAC �' Though statute does not require the Notary to fill
DATE. NAME TITLE.OF OFFICER E.G.."JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable
� I! he document.
personally appeared �c�l�l� l '54. `(r _�(^((\ � �lxf�(� to persons relying on t
.��. ,
NAME(S)UF`SIGNER(S) �-
.�`{ - Cl.ef ❑ INDIVIDUAL
v�Personally known to me-OR-0 provided to me on the basis of satisfactory evidence to O CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)subscribed to the within instrument and
acknowledged to me that he/she/they executed
.. -
the same in his/her/their authorized ❑ PARTNER(S) ❑ LIMITED
': F f"�1^1( `� �� capacity(ies),and that by his/her/their 0 GENERAL
LC l�-1
capacity(ics),and that by his/her/their 0 GENERAL
'R"
signature(s)on the instrument the person(s)or O ATTORNEY-IN-FACT
'f C0%1,.4 121314
- 1 OU the entity upon behalf of which the persons) TKUSTEE(S)
,executed the instrument.
r
❑ ARD
IAN/CONSERVATOR
❑ OTHER:
SS I?0.2003 Emy do cia1 scat,
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)I
SIGNATURE OF NOTARY
acknowledged to me that such corporation executed the within instrument pursuant to its Board
of Directors.
OPTIONAL SECTION
TI IIS CERTIFICATE MUST BE ATTACI IED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data 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"l-han Named Above
re-attachment of this form
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.
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 tither 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 L (a)The Chair of the Board
b The President
c Any Vice-President
GROUP 2. al
The Secretary
b An Assistant Secretary
dThe 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."
1C mw:df
Rev.January 13.2000
Minor Subdivision 53-90
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcels A, B, and C as shown on the parcel map of Minor Subdivision 53-90, on file
at the County Recorder's Office as follows:
Date:
Book:
Page:
JH:
G:\GrpData\L•ngSvc\Jorge''000\Fcbruary�PvtS53-90 Dia.doc
.iw
Minor Subdivision 53-90
EXHIBIT "B"
IMPROVEMENTS
Improvements required by Contra Costa County Community Development Department and the
County Ordinance Code as a condition of approval for the above-referenced development are located
along Medford Court for Parcels A, B, and C, described in Exhibit "A":
1. Constrict approximately 33.53 linear meters (±110 linear feet) of curb, face of curb located
3 meters (10 feet) from the right of way line.
2. Construct approximately 33.53 linear meters (±1 10 linear feet) of 1.4 meter (4-foot 6-inch)
sidewalk, width measured from curb face, built monolithic with the curb.
3. Constrict approximately 102 square meters (±l 100 square feet) of street paving along the
frontage.
4. Constrict necessary longitudinal and transverse drainage.
5. Annex property into the County Service Area L-100 for maintenance of street lights.
6. Install necessary street lights. The final number and location of the lights will be determined
by the County Public Works Department.
6. Temporary conforms for paving and drainage as may be necessary at the time of
construction.
7. 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
The above deferred improvements shall be constricted in coordination with the development to the
north of this parcel.
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. Medford Court is constricted to its ultimate planned width by the County or by an
assessment district.
2. Frontage improvements are constructed adjacent to the subject property.
It is the intent at this time that the "pro rata basis" of costs, as specified in Item 4B of the agreement,
shall mean that the owners of each parcel shall pay one-third of the costs.
,h:
GAG q0a ta\LngSvc J orge\Z 000\Fehniary\M 553-90DI A.doc