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Home My WebLink AboutRESOLUTIONS - 01011997 - 97-397 Recm4ed at the request of: Contra Coat&County R etum to: Public Works Department service THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this(artier on July 22, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilia, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/397 SUBJECT: Approving Deferred Improvement Agreement along Willow Road, West for LUP 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 twebf eM*that this is a to and ccrrruot 07of 0 8t .`r and eniered the —Inuria of ow P3.mw on t`J t3:%NGSVM0\Bo7-Z2.WPD XrMSM: .l'u" y PHIL dATCHEL4R Cletk of the board t3risinater:Public works(ES) of iupM�aari and i;auttty lid alnWa br Coatact: Rich 14orly(313-2348) ' cc: Recorder(aria Clinic)than PW Records � �� Recorded at the rpt o.: CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION Area/i W: Bethe l Island Road: Willnw Road. Wgst Co.Road No: d2iff7 2 Project: I tip 9n71-94 Asstwor'sNo:: 09 - O-Q l l Space above for exclusive use of Rem. MAED ZIM E NS'AOREEMQU THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA CQSIA QZMUX (See note below) J. Michael Walford Public Works Director �# L: By: E 'res Division EQBM APPR M: '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 6313.) (see attached notary) 1. EBRTI . Effexve7-ZZ--" the. County of Contra Costa,hex+einalter referred to as"County"and Rnbp-rt R. , Rut i r►r gnel�lean Butler I havinatter referred to as*Owner"mutually agree and promise as follows: Z. E.M= Owner dee m to develop the property he owns as described in E)d bit*A*aftaclied hereto and wishes to defer oo+nstruc,- tion of permanent improvanen*and County agrees to arch defement if Owner oonsbucts intpnrovemeants as herein promised. 3. AMEEb=D&OM QN M=SSORS IN IN=ST. This agreement is on instrunuxu affecting ting the title or possession of the real property described in Exhibit"A".All the terms,covema and conditions hewn imposed are for the benefit of County and the real property or intmest thaw which constitutes the Couasy marl and highway systm and shall be binding upon and inure to the benefit of the land in Exhibit"A"and the mwoessors in interest of Ovnner. 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 ofeaoh pared shalt succeed to the obligations imposed on Owner by this armea Upon ammation to any city,Owner,or these who succeed him as owner of the property described in Exhibit*A",shall AM all rho times of this aVvement upon demand by such city as though Owner had contact with such city originally, Any annexing oily shall have all rights of a third party barneficiary. e State of California County of Contra Costa On 9/22/95 before me Mette P. Breaux, Notary Public 1 E I=Z TITLE OF ..'JANE 5R.MMMY PMie persona4appeared Robert R. and Jean Butler NAIJIEM SIGMERM in the capacity as Individual INDIVOUAi..GENERAL PARTNERPORATE C�F'FICER-rZ..Va PRESCIENT ❑ 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 helsheAhey executed the same in his/her/their authorized capacity(res),and that by histher/their signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument IN# retThey also acknowledged to me that such corporation executed the within instrument pursuant to its by-taws or a resolution of its hoard of Directors. WITNESS my hand and official seal, r A MGT: Breaux 9 q Comm.#10 03954 OTARY PUBLIC CALIFORNiAM; _ 2 s CONTRA COSTA COUNTY 0 oe Comm Expires Sept 6 1497 d Signature of Notafy 1. SIGNATURE REQUIREMENTS Signatures required on documents must comply with the follow{ng to be acceptable to Contra Costs County. I. FORALLSIGNATURESo-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. -The name must be signed exactly as It is printed or typed. The signer`s Interest In the property must be stated. ill. WXMMES FOR E6EUNEFtSH{PS-Signing party must be either a general partner or be authorized In writing to have the a�olty tosign for and bind the partnership. IV. SfGNATUR S FOR CORPORATIONS Documents should be signed by two officers,one from each of the fokming 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 tf signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolulm 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 attomey,notarized,will suffice. of MAY one corporate signature or signatures from only one group,must contain the klNowing phrase: "...and acknowledged to me that such corporation executed the within Instrument pursuant to its by4aws or a resolution of Its Board of Directors.- g:%engsvcWworicinotary2.new RE: LUP 2071-94 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 mwzd G: av -94.WM - Y EXMIT "B it 11 L7 Land Use Permit 2071-94 IMPROVEMENTS 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 Worlds 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: I. 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. Mrs �:sx,�sv�tagu�t a.ci 2 CONTRA COSTA COUNTY c� CLIA'C OF TSL" BOARD '77 ! 7 To: Joe DiMaggio Dates October 7, 1997 From: Jeanne Maglio, Chief Clerk By: Shirley Casillas, Deputy Clerk subjocts 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.