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HomeMy WebLinkAboutMINUTES - 12151998 - C6-C10 ' 16 CONTRA COSTA Co Recorder's Office STEPHEN L. WEIR, County Recorder Recorded at the request of. Contra Costa County DOC _ $_,_„0-3223 Public Works Department Tuesday, ' Return to: y, DEC 22 1998 rtmvw Public Works Department FRE $0-001111 Engineering Services Ttl Pd X0.00 Nbr-IX000376923 lrc JRg THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 15, 1998, by the fallowing vote: AYES: &VeNisms VAREm, Cir, DaSaflr`ier, C ri il. a, c'3rd Rgers NOES: Nene ABSENT: Nice ABSTAIN: Nom RESOLUTION NO.: %/645 SUBJECT: Completion of Improvements and Declaring Certain Roadsas County Roads, Cummings Skyway,West County area. The Public Works Director has notified this Board that the improvements to the new Cummings Skyway extension have been completed as of December 15, 1998 by the contractor, Ghilotti Construction. BE IT RESOLVED that Cummings Skyway extension (I-80 to San Pablo Avenue) is DECLARED to be a County Road. Road Name Road-R/W Widths Road No. Leniaths(Miles) Cummings Skyway 39.37 feet-R/W varies 1991A .44 miles 1 hereby certify that this is a true and correct copy of an action taken and entered on the RL:nnv minutes of the Board of Supervisors on the GAGrpData\EngSvc1B0%19981BO 12-15-98.doc (,trite shown. Originator: Public Works(ES) ATTESTED t � d „Ij�A / � �� k Contact: Rich Lierly-313-2348 cc: Public Works -R.Bruno,Construction PHIL BATCHELOR, Clerk of the Board ,.f=lorin,M&T Lab of Supervisors and County Administrator B.Paraone,Design MaintenanceB J Deputy Rec<;r�er(via Clerk),then P1u Engineering Services y Si:<r rri Dir.Conurnander . . ............................................................................................................................................................................................................. _ ....... ........ .......... ......... ........ .._... ......... ....... ...... .......... ........ ..... THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 15, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of the 2nd Extension of Subdivision Agreement for Subdivision 7629, Discovery Bay area. The Public Works Director having recommended that he be authorized to execute the 2" agreement extension which extends the Subdivision Agreement between New Discovery,Inc. and the County for construction of certain improvements in Subdivision 7629, Discovery Bay area, through April 2, 1999; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% r ANTICIPATED DATE OF COMPLETION: April 2, 1999 ♦ REASON FOR EXTENSION: To complete correction of warranty items and punch list. 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 G:\GrpmwData�EngSvc�B011998�80 12-15-98.doc copy of an action taken and entered on the :1Grp minutes of the Board of Supervisors on the Originator: Public Works(ES) date shown. /.' ,l q Contact: Rich Lierly(313-2348) }-} ���+ "� l ! cc: Public Works-R.Bruno,Construction ATTESTED: iii/! �'�i� Current Planning,Community Development PHIL BATCHELOR, Clerk of the Board T-February 2,1999 of Supervisors and Coyfqy Administrator New Discovery,Inc. P.O.Box 907,Concord,CA 94522 By -..r� LAtA=a= Deputy 1111...-....................................................... ..................11....... ............................................................. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 15, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/646 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7475, El Sobrante area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 7475, property located in the El Sobrante area, said map having been certified by the proper officials; 11. Subdivision Agreement A subdivision agreement with DeNova Homes, Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows. A. Cash Deposit Deposit amount: $3,200 Deposit made by: DeNova Homes, Inc. Auditor's Deposit Permit No. and Date: 323483 (November 30, 1998) B. Surety Bond/Letter of Credit Financial Institution/Bond Company: Financial Pacific Insurance Company Financial Institution/Bond Number and Date: S 500215 Performance Amount: $317,900 Labor&Materials Amount: $160,550 Principal: DeNova Homes, Inc. 4r r SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7475, El Sobrante area. DATE: December 15, 1998 PAGE -2- III. Tax Letter A letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1998-1999 tax lien has been paid in full. NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. RL:JCanw G:\GspData\EngSvc\Bo\19981BO12-15-98.doc I hereby certify that this Is'at true ,and correct Originator:Public Works(ES) copy of an action taken and entered on the Contact: Rich Lierly(313-2348) minutes of the Board of Supervisors on the cc: Public Works-R.Bruno,Construction date shown. a Current Planning,Community Development ATTESTED: �2�+,,,�,,,.,.,. ���._/Sr { 9s De ova berHo 15,199 9 Inc. PHIL BATCHELOR, Clerk of the Board DeNova Homes,Inc. 1849 Clayton Road,Concord,CA 94520-2513 of Supervisors and County Administrator Financial Pacific Insurance Company 3850 Atherton Road,Rocklin,CA 95765 By —Deputy Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA.COUNTY,CALIFORNIA Adopted this Order on December 15, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/647 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE CQRANTOR AREA Grant Deed of Subdivision 7475 Biggs Realty, Inc. El Sobrante Development Rights Peter Cowen and Patricia Cowen 1990 Trust Hunn Family Trust 1990 1 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 RL:JC:mw date shown. G:\GrpData\EngSvc\BO\1998\BO 12-I S-9g.doc ATTESTED: :or: Public Works Contact: PHIL RATINClerk of the Board ContacttRich Litrly(313-2348) of Supervisors and Col my Administrator se: Recorder(via Tide Co.)then PW Records then Clerk of the Board Current Planning,Community Development By »�i,u .d J Deouty Recorded at the request of: Conn Costa County Puhli,^.Works Department Engineering Services Retar 72 to: Putti- Works Department Recz,:d:Section Area: l Sobrante Project: Subdivision 7475 Assessor's No.: 435-070-001&013 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition number 39.A.5 of SUB 7475,We,Biggs Realty,Inc.,Peter Cowen and Patricia Cowen 1990 Trust,and the Hunn Family Trust of 1990,(Owners)hereby grant to the County of Contra Costa,a political subdivision of the State of California(Grantee) and its governmental successor or successors,the future"development rights,"as defined herein below over a portion of that real property known as Lots 17 and 18 of Subdivision 7475 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 fort of covenant, which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor,said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. Biggs Realty,Inc,,a California Corporation,as to an undivided 70%interest; /.f 41 (si�d�� / (dac` (Title) Edwar F.$i gs,Kresi (si ) ( ) (Title) otte L.Biggs, re - Peter and P Cowen,Trustees of the Peter Cowen and Patricia Cowen 1990 Trust,as to an undivided 171/2%interest; (sit (daze) GJ Peter.Cowen,Trustee -T {Sipowee) � Patricia Cowen,Trustee Richard C.Hunn and Bernice H.Hunn,as Co-Trustees of the Hunn Family Trust of 1990,as to an individed 121h%interest; Iq Richard C.Hunn,Co-Trustee (s" ernice H.Hunn,Co-Trustee All as tenwwts in common. (see attached notary) Maw &XkVfJao ftJlSvCV05Wff% M4MUR7475.doc :3 Subdivision 7475 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of lots 17 and 18 designated as "Restricted Development Area (Creek Structure Setback)" as shown on the map of Subdivision 7475, on file at the County Recorder's Office as follows: Date: Book: Page: ID:mW GAGrpData\EngSvcUOSEPHUune 981SUB 7475.doe CA {IRNA ALl� tf PADS AC,EKNNO State of OPTX)NAL SECTM County of - CAPACITY CLAIMED BY SIGNER On lA-30"before a C-"`,k Ttxx�gh »ot requEre tris ,sy tQ n y appeared 0 INDIVit?UAL 0 CORPORATE OFF(CERS) 0 pecsona4y known to me-OR- pro on the basis of sadstectow evidence to be the person(s)whose name($)Ware subecribed to the within kwhutnOnt and 0 PARTNER(S) D UMrrED sc krwwkx*W to me that heJshefthey 0 GENERAL executed the same in hisfie A"r 0 ATTORNEY4N-FACT .MORRISON authorlxed o 4fies),and that by 0 TRUSTEE(S) COMM. #10761 I A hisMerAheir sWa tures)on the (3 GUARDIANfCONSERVATOR w NOTARY aUBUC-CAI.i=o `4 � instrumentthe person(s)or the en* Ci OTHER: CONNACOSTA c NTY upon behalf of which theperson(s) My Lamm.€xp,tJc#. 1999 K SMA'ted the t offtwseal, SIGNI!R O t RESENTING: ww�t�+ dtr+r OP71ONAL 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 APOVE 1twY►!14 f rai4.v kwrtw�.+t I��+; INM twy*ww.uMMrW 4t+�+wMNVwY� M OSS TO NOTARY The following information Is provided In an effort to expedite prooesslrlg of the documents. Signatures required on documents must coMptyVVIth1he folloWlng to be acceptable to Contra Costs County: 1. EM AL1..§12N41URi S -The name and Interest of the signer should be typed or pdnted DEN gM the signature. The name must be signed exactly as k is typed or printed. 1t. Slb-AZWES FOR INf�fVf2VM-'The name must be signed exactly as It is printed or typed. The signer`s Interest In th* property must be stated. ht. SIGNATURES FGR PA='ERS . S-Stnlnparty must be either a generef•partner or be authorized In wilting to have rile authority to signtor arm olntt the parttletsha. IV. SIGNATURES FOR CORPQRATIC"}NS uocuments should be Signed by two vriiiseM one from each of the following two groups: GROUP 1. a The Chair of the Board b The President cAinY Lie-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 certilled copy of a resolution of the Board of Directors authorizing this person signing the instrument to execute Instruments of the type In question is required. A currently valid power of attonmey,notarized,Witt suffice. 5, State of177y OP TX)NAL SECTION County of " CAPACITY CLMMErO BY SIGNER before tote ug Ttwh sttbA*do"Clot Mcluk a the y to Ira.e 0 In the dt A below.dol"so awY fire in- VSI" $e too petIons f*kV on the dooms a red 0INDMOUAL El CORPORATE OFFICERS) 0 pef&ndy known to the-QR- provided to me on the basis of saWac(ory evidence to be the pew*)whose natne(s)Wars, subscribed to the within i m*UmWd and D PARTNERM CI UMITED ackt0WkKfQed to me that h"helthey d GENERAL B.MORRISON ett"'"d the sante in hisfiertttietr C3 ATTORNEY ACT t. ~` authorized c�a�},and OW by t3�tUS5 u+ COMM. #1076114 hlaliiectthek`oWnetitre(s)on the Cx GUAPiD�IAttC4=ERVATOR cc - NOTARY PUBLIC-CALIFORNIA ,,- nor tit illeii�t#t8 pgrSon(s)or the an* 9C CONUA COSTA COUNTY i3 OTHER: My Comm.Exp.Oct.29. 19 upon beW of w n(s) executed strum t d fttd, ;ate-. . ��lt�Ettf'ING: OPTIONAL.SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR VPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED I+LBOY r+��,.an.iwwrarwr�e«r�.c ;�M+"►a�r►i+�sN+�Wwi. a ��iRfriFfrti INMUCT1QNS TO NOTARY The following Information is provided In an effort to processing of the documents. Signatures required on domnertts must*ompiy with, fo114WIng to be acceptable to Contra Costa County. 1. FOR SIGN6n ES ®The name and interest of the feigner should be typed or printed.SMEAT.H the signature. The name mW be slaneaexactly as it Is hyped or printed. 11, Smu�OR jbjRM U!-The name must be signed exactly as It Is printed or typed. The signer's Interest In tits property at. S,l,€ i!, lM �S FOR PA�tTN.=RS 8-Sl9nlnlg party must be either a geneml�partner or be authorized In w�rtttrg to have mea o to sign wr and t rttcr me pattnem�h p. IV. SIGNA'T RES FOR C.ORP461I9M Llooments should De signed by two om ens,one from each of tate following two groups: GROUP 1. a The Chair of the Board b Tare President c My Mice-President GROUP 2. a The Secretery b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two grow do not appear on the Instrument a cedfled copy of a resolution of the Board of Directors authotbang the person slgning the instrument to execute Instruments of#w type In quedon is required. A currently valid power of attorney.notarized,will suffice. .....::::::.,........ ... (. ! L1FORNIA ALL-` OSE AC!g4OV"_ State of OPTIO RAL,SECTION r County of CAPACITY CLAtMr:D BY SIGNER 1 4 before mei the 4ft s ttean i� Y to CK y p mve#n. vatuabk to peacoats nwykv on tt%e docwr4nt, pemonagy appeared D tND MOUAL D CORPORATE OFfICER(S) petsanaiy known to me-OR-d provkled to me an the basis of satisfactory evidence to be the person(s)whose narne(s)blare subscribed to the within instrument and D PARTNER(S) D LIMITED ac crtoslaiedged to me that hefsheltttey D GENERAL executed the sante In hisltteddwir L7 ATTORN Y4WFACT B.MORR—IS-YN7�1 eutha tzed cepat},and that by tI TRUST (&) S COMM. #1076114 as WIhed dWr slgrtature(s)on the a GUARDIANAWNS ERVATOR NOTARY PtT5L3C AL7f{7RNiq;.W jnts`uumentthe pe{�+ss�6 Ci OTHER: CONTRA COSTA CC3itNW ..+ �OfV t t (�� W Comm.Exp.Oct.29./999 executed the meat WffN 1 � ✓ 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 e+Mwrw.►+.+rwwarr.+r�+.w+ INMU—C7`IAM TO NOTARY The folly Information Is provided In an effort to expedite prooessh. of the documents. Signatures required on documents must comply with-the follbwIng to be acceptable to Contra Costs County. I. EO ALL si�jNATUM -The name and Interest of the signer should be typed or~BENEATH the signature. The name must ire s�eo exactly as it Is typed or printed. Il. SIGM-Y mRstated.st be E �iDUALS5;The name must be signed exactly as it Is printed ortyped. The signer's int in the Ili. ;1 S-Sig d?party must be elther a general-partner or be euthortzed In�rrg to have me aumomy to son Tor'and rxrto me partrlersh p. IV. SIGNM13Es FOR QRRP€3f2ATt0 I 4rnents Should be Signed wy:o o oe s,one from each of the€ollowing two groups- GROUP'1. a The Chair of tate Board The President c Any Vice- 'resident GROUP 2. a The Secretary An Assistant Secretary c The Chief Fi 7 AUr—ORNIA at�t- ter rg State of OPTIONAL SECTIO{ County of CAPAC"CLAIMED BY SkWER 11WV+a# does not require the E s 0 M the dots bdovw�to may, �to Vsk"We to�rafykV on the dot. person*appeared C3 INDMOUAL E3 CORPORATE OFFICER(S) E3 person*f crown to me•OR-(3 provided to me on the basis of saddactory evidence to be the person(s)whose name(&)WWe subbed to the%*M lnstutnerd and p PAFtTNEt ) E3 t N&M ec knoWedged to me that hakhelthey E3 GENERAL executed the same in hislheLttheir C3 ATTORNEY.044%Cr authorized cepacity(ies}t and that by 13 TRUSTMS) histherAheir signatures)on the 0 GUARC>W40ONSERVATOR Insttument the person(s)or the entity i3 OTHER: upon behalf of which the person(a) acted,executed the instrument. WITNESS my hand and official wait San',M M Rr�c�amrsENTING., OPTIONAL SECTION TMS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMSR OF PAGES [SATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED APOVE *== �tYrwra • sTRucTlQN$To Ho'ra The follovkV Information is provided in an effort toOrdfteWising of the documents. Signatures required on documents mild comply vft thefollowing to be able to Contra Costa County. I. SSS -The name and Interest of the signer should be typed or punted BgNffM the signature. The name must be signed exactly as It Is typed or printed. It. SLG i.3�ES F gl S--rh name must be signed exactly as it Is printed or typed. The signer's merest In the property must be sIatea. ItL §1Gb4WREA e a o FO S ��party must be either a general-pac#ner or be authorized In wr dng to have Pa IV. SIGN ,RE f2ft CORPM Vocuments should be sign o o mt one from each of the folkwAng two groups: GROUP Z. I-A The Chair of the Board b The President c Any x*-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financlat Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the Instrument a ceaffed coppyyof a resolution of the Board of Directors authorizing this pdrson Signing the Instrument to execute Instruments of the type In question is required. A currently valid power of attorney,notarized,will suffice. +CALIFtJFtNIAAix;.&'i RPOSE 62t{tsiEl"UV LE. AM State of OPTWIAL SECTION County of CMACITY C.MMED BY SIGNER i on Though s� re!t does not require to o 'S 'tsTLk a before L� 0I the Vista bellow,doing to nay'p W. Valuable to persons relying on the Wit. personally appeared 0 tNDMOVAL d CORPORATE OFFICER(S) 0 personally known to me•OR-Q provided to me on the basis of satisfactory evidence to be the person(s)whose names)Ware subsctibed to the within instrument and O PARTN E M a L{I4tETED acknowledged to tree that helsheMey D GENERAL executed fire name in hislher*l* 0 AI TORNEY-tN:FACT authorized ),and that by D TRUST'EE($) t*Wherltiteir dynatur*)on the D QUARDIO NSERVATOR instrument the person(s)or the entity 0 ChTHER: upon behalf ofvft h the person(s) acted,executed the instrument WITNESS my hand and of lal seal, 8XW IS RIWIREa+l`NTING: e+�i+Ee�feeNploraesetterx� . 111sum up Nor= OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER CIE PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE .�t..rrrr+wK..M.HK ratw...[sttl[taw LN6JRU9-TQNSjQ NOTARY The following informallon Is provkfed its an effort to exxxib pmcesstng of the documents. ftnatures required on documents ruder comply with-the fottowing to be acceptable to Contra Casts County. 1. FQR The name and Interest of the signer should be typed or printed MgM the signature. The name must be signed exactly as it is typed or printed. It. SIGN6TURES FOR INDIVIDUALS-The name must the signed exactly as It is printed or typed. The signer's interest to the property mu Stated. tri. S TURK Ft?R PARTNERStiiPS- gntn�,,�party must be either a general-partner or be authorized In wddng to have the authorny to sign Tor and bind tree partnersMp. IV. VNMRE§FOR COIR RATIONS monts;snoula Do Signedo rs,one from each of the following two groups: GROUP 1. a The Chair of tate Board b The President w c Any We-President GROUP 2. a The Secxetary 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 tns(rument,a certified of a r+esolutidn of the Board of Diredrirs authorizing the person signlrtg the iristriament to execute instruments of#rte type in qucuedon is required. A +currently valid power of attorney,notarized,Witt suffice. AL1 M1A Aid,.=NRF OSf lktttCt+�U4 i # Mate of O TIONAL SEC M County of CAPACITY CLAIMED BY SIGNER oow�Inul�WoreEj Ow�dotn ttnot o may pnwe; to n. Y bk to m Wylog on the docunuxi Personally appeared E3 INDIVIDUAL ©CORPORATE 4fI:'ICER(S) €3 personally known to me-OR-0 provided to me on the basis of saftfec.tory +evidence to be the persons)whose name(s)islare subealbed to the whin Ins4rumarit and a PARTNeRM E3 LIMITED a mowlecigw to me that hefshetthey d CEIIERAL execxted the some in hiurlherAhalr CJ ATT0RNEY-Ibt-pACt authorized oapa Els),and that by (3 TRUS ESM hi:rJherAtwksignature(s)on the 0 GUAF€t'l AWC.CNSF_RVATOR instrument the pwson(s)or the entiiy ©OTHER: } a �+Eutecxstes� ttih►1"1116=s) WITNESS my hand and off W seal, SIGM IS F03PRESENTING: OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENTAT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DA'Z'E OF DOCUMENT StONER(S)OTHER THAN NAMED APOVE wwe.d.,■. .+ INSTRUC ONS TO NOTARY ftnfatur�required on dtis ocuments must vided In an effort wi& fo�tt b of the to Vitra Costs County. I. �� signede must be e name Is Interest er �of the signer Iawtd be typed or printed BENEATH the Signature. The U. SIGNATURES i=OR ItDMOUALS-The thine trust be signed exaWy as it is printed or typed. The signers Interest In the property must ne Stated. fit. StGtr14TU8ES PQR f'Ai TNI„jr2hES- rd patty must be either a general-partner or be authorized in writing to have the authority to sign tar and the padne . iV. S GN TU ESI~O L'AmmenIso signec%wo"Offters,one from each of the followiing two groups. GROUP 1. N The Chair of the Board b The President c Arty Vice-President GROUP 2. a The Secretary b An Assistant Secretary Ea The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two 8 do not appear on the Instrumenta ceMed of a resolution of the Board of Directors aurthortxiutg the person signing#die►i�ment to execute Instruments of the type In qu�on is required. A currently valid power of attorney,notarized,WH suffice. ...................................................................................................................... . ...... ........................................................................................................................................................................ Recorded at the request of, Contra Costa County Public Works Department Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on December 15, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/648 SUBJECT: Approving Deferred Improvement Agreement along Morgan Territory Road for MS 24-92 (APN 080-040-034), Clayton area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Marilyn Kittrell, as required by the Conditions of Approval for Minor Subdivision 24-92. This agreement would permit the deferment of construction of permanent improvements along Morgan Territory Road, which is located in the Clayton area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director be APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the nmw minutes of the Board of Supervisors on the G:1GrpD&ta\EnZSvc\Ml998\E10 12-15-9g.doc date shown. Origfnjktor:Public W*ft(ES) ATTESTED:. Contact: Rich Liefly(313-2348) - 91 PHIL BATCHELOR, Clerk of the Beard cc: RecordtT(via Tide Company}then PW Records of Supervisors and Countl*dministrator Marilyn Kittrell 4940 Margan Tenitoty Road,Clayton,CA 94517-9721 Deputy Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Records Section Area: Clayton Road: Morgan Territory Road Co.Road No: Project: MS 24-92 Assessor's No: 080-040-034 DEFERRED IMPRQVFMRNT AGREEMENT (Project: MS 24-92) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA CO TATTY OWNER: (See note below) J. Michael Walford, Public Works Director By: (signature) (Print Name and Title) r i yn K t treli RECOMMENDED FOI By: (signature) n e n ervlces Division (Print Larne and Title) FORM APPRO/7 VFD: 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 con- form with the designated representative groups pursuant to Cor- porations Code S313.) (see attached notary) 1. PARTIES. Effective on J �� he County of Contra Costa,hereinafter referred to as"County"and Marilyn K. Kittrell herein-al-4r 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 INT .REST. 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 thotq�Owner had:contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. �?lC� Awmia PO State df ra 1 i f nrnj a OPTIONAL.SECTION County of Contra Coq t a CAPACITY CLAIMED BY SIGNER On / /�yq{�fore me r t,� i,_ rr Though statute does riot require the Notary to o,�Ys fy"b�%011 s.o.,caJKst "17L�� fill tic the data below,doing so may prove In- valuable to persons relying on the document. personally appeared ari 7 v W_ rell D INDIVIDUAL 0 CORPORATE OFFICER(S) 63 personally known to me-OR-©provided to me on the basis of satisfactory evidence to , be the persons)whose name(s)is/are ' subscribed to the within instrument and ©PARTNER($) ©LIMITED acknowledged to me that he/shelthey D GENERAL executed the same in his/herAheir ©ATTORNEY-IN-FACT "� .. ORR authorized capecity(ies),and that by ❑TRUSTEE(S) (M , 1066933 his/her/their signature(s)on the p GUARDIAN/CONSERVATOR IllE 1`ARyPUBLIC.CALIFORNIA instrument the person(s)or the entity ©OTHER: 0ONTRA 00STA COUNTY .. Upon behalf of which the person(s) t989 acted,executed the instrument. WITNESS my hand and„Dfficial seal, SIGNER Is REPRESENTING: ,�+1`D was of P£MffioNM Ck Wnivims) • J Betty L. Orr rnw, arary--- LTHI'SERTIFICATE MUST BE ATTACHED OPTIONAL SECTION E DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PACES ____...__DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE 91%0=gift ft 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 fol€owing to be acceptable to Contra Costa County. 1. FOR ALL S12N81URES 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. I,GN�yT�OR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the props mus a statea. Ill. §IGI;,A�SFOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority o sign or an Ines i ee`partnershlp. IV. SIGNATURES FR CORPORATIONS Documents should ie signe3 by two officers,one from each of the following two groups: GROUP 1. 'a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary 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 eopg 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 sl nature or signatures from only one group,must contain the following phrase: " .and acknowledged to rile that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of directors". pp�tsn$svettouuntSnogiry.new _. ......._. ......... ......... ......... ......... ......... ......... ......... ......... ......... _ . .... ........ ....._..... ............_..........._.. ................._...._............._.... ......... ......... ......... ......... t 11W RE: MS 24-92 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A and B as shown on parcel map of MS 24-92 on file at the County Recorder's Office as follows: Date: Book: Page: NL:mw GAGrpDikta\EnSSvc\NEIUMamh 981MS 26-92.wpd 1 L to RE: MS 24-92 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 Morgan Territory Road for Parcels A and B, described in Exhibit "A": 1. Approximately 280 square meters(3,000 square feet)of street paving to pave between the existing edge of pavement and the new edge of pavement located 5.2m (17-feet) from the ultimate centerline of the road. 2. Necessary longitudinal and transverse drainage. 3. Temporary conforms for paving and drainage as may be necessary at the time of construction. 4. 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. Morgan.Territory Road 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 50%of the costs. NL:mw GAGtpData\EngSvc\NE1VMamh 99WS 24-92.wpd