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HomeMy WebLinkAboutMINUTES - 01231996 - C12 _Recorded at the request of: Contra'tosta county Return to: Public Works Department Records Section i 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 23, 1996 by the following vote: AYES: SUPERVISORS ROGERS, BISHOP, DESAULNIER, TORLAKSON, SMITH NOES: NONE ABSENT: NONE ABSTAIN: NONE RFSOLUTION NO. 96/34 SUBJECT: Approving Deferral of Improvements Agreement for Subdivision MS 115-89, Bethel Island area. Assessor's Parcel No. 029-010-003. The Public Works Director has recommended that the Board of Supervisors approve a Deferral of Improvements Agreement with John V. & Patricia P. Walsh and authorize the Public Works Director to execute the agreement. This agreement would permit the deferment of construction of permanent improvements as required by the conditions of Approval for MS 115-89 and as required by the Contra Costa County Consolidated Fire Protection District. The improvements are located on Willow Road. The Board hereby FINDS that it would not be in the public interest to require the construction of the aforesaid required improvements sooner than two years after the recordation of the Parcel Map of MS 115-89. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby crrtify thct this is a true andcrrectt:opyof Originator: Public Works(ES) an action t:.kcn enc!ontorod on the moirZetes Of the Contact: Rich Lierly-313-2348 Board of Supervisors onthed2 a shoiy�6 ATTESTED: cc: Recorder(via Title Co.)then PW Records PHIL BATCHELGR,Clark of the Board Director of Community Development of Supervisors and County Administrator John V.&Patricia P.Walsh P.O.Drawer 70,End(3405)of Harbor Road BY Bethel Island,CA 94511 RL:mw g:\engsvc\bo\bo23.t1 RESOLUTION NO. 96/-34— Recorded at the request of- CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION AreaMist: IF.,I -C y4 F L 1 S L k 7 7 t 5 T", Road: Vt:i t.L C u' Zr-t.Q Co.Road No: Project: J N � t�� t F: !✓� S 1 raj Assessor's No: C''��) — " 6c Space above for exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project:MS f 13_5 - ) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J.Michael Walford Public Works Dir '���/��✓ �'4TR G�� RECONflvflDQEq3rMR APPROVAL. X By: i ginee ' e ces Division F RM APP VED: 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. PALMS. Effective on .Z,30 the County of Contra Costa,hereinafter referred to as"County"and L306 n V. 4 rti t'a Y•,,� �5 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 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 contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. State of_��L/ o, _'11 County of GO,✓T.� ©S?,¢On F-65/- X-Eefore me • e.¢ly-01 DATE NAME,TITLE OF oFmm-E.G.,-imE DoE,NOTARY PusLV personally appeared SO04N NAMES)SKMER(S) in the capacity as _LA✓tb I V "irsonally INONMAL;GENERAL PARTNER,CORPORATE OFFKER-E.G.,WE PRESIDENT known to me -OR-11 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/herAheir authorized capacity(ies),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. He/She/They also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. AMA WITNESS my hand and officia al, •'" D.RALPH WALLACE "• COMM.+985321 z -e' Z Notary Public_Colifornio S' a re of Notary CONTRA COSTA COUNTY My Comm.E)9*08 FEB 21,1997 .. SIGNATURE REQUIREMENTS 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 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. 111. 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 audioriang 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." g:\engsvc\woddnotary2.new EXHIBIT "A" ES-Subdivision MS 115-89 All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A, B, C, and D as shown on Subdivision MS 115-89 as recorded on , in Book of Parcel Maps, page on file at the County Recorder' s Office. EXHIBIT "B" ES-Subdivision MS 115-89 IMPROVEMENTS Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-refe- renced development are located along the South and Southwesterly 60 ' for Parcels A, B, C, and D, as described in Exhibit "A" : 1. Approximately 2200 linear feet of curb and gutter, face of curb located 10 feet from the right of way line. 2 . Approximately 2200 linear feet of 4-foot 6-inch sidewalk, width measured from curb face, built monolithic with the curb and gutter. 3 . Approximately 4800 square feet of street paving to pave between the existing pavement and the curb and gutter. 4 . Necessary longitudinal and transverse drainage. 5. Temporary conforms for paving and drainage as may be necessary at the time of construction. 6 . Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an inspection and plan review 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 . 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 twenty-five percent of the costs.