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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-648 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, Canoiamilla, 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 Rt.:mw minutes of the Board of Supervisors on the G:c GrpD&t&\E,a8Svc1$0119981H0 12-15-98.doc date shown. �t (` �1 (� Origlaator:Public Works(ES) ATTESTED: Z �-�+ ' j L- 0 Contact: Rich lierly(313-2348) PHIL BATCHELOR, Clerk of the Board cc: Recorder(via Title may)men PW Records of Supervisors and Count dministrator Marilyn Kittrell 4940 Morgan Territory Road,Clayton,CA 94517-9721 By ' '�/ice -/—. a 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: 080-040-434 DEFERRED IMPROVEMENT AGREEMENT (Project: MS 24-92) THESE SIGNATURES A'T'TEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COLMY OWNER: (See note below) J. Michael Walford,Public Worlds Director By: pignaeure) (Print Name and Title) r ilyn R t tr a l l RECOMMENDED FOR APPRO�< * Ey: (aignacure) nn ervices Division (Print Name and Title) 61 FORM A PEC YET)- `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) I. PARTIES, Effective on the County of Contra Costa,hereinafter referred to as"County"and Marilyn K. Kittre11 hereinaf6r referred to as"Owner"mutually agree and promise as follows: 2. PIIRPOS1~. 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. A ,R EPMENT RTNDIN ,ON SUCCESSORS IN INTER .ST, 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. ALL-P RP State of C-21 f fOrn f OPTIONAL SECTION County of enn r ra Cns t a CAPACITY CLAIMED BY SIGNER Can efore ma, Be - °v Orr Though statute does not require the Notary to aaxa^ m , ��g -- till In the data below,doing so may prove In- valuable to persons varying on the document. personally appeared _aril n�;6 ;ir-ell 0 INDIVIDUAL 0 CORPORATE OFFICER(S) Mgmr tonally known to me-OR-C3 provided to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and p PARTNER(S) CJ LIMITED acknowledged to me that helsheAhey ©LIEN€RAL executed the same In his/her/their D ATTORNEY-IN-FACT BETTY L. ORR authorized capacitAles),and that by p TRUSTEE(S) W 1466933 histher/their signature(s)on the p GUARDIAN/CONSERVATOR NOTARY PUBLIC•CALIFORNIA Instrument the parsons)or the entity OTHER; OONTRA 006 A COUNTY -+upon behalf of which the person(s) My Comm. tQ86 acted,executed the Instrument. SS my hand snds3fficial seal, SIGNER IS REPRESENTING: Betty L. Ott 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 trwpns.wra..r� w+w. We«wrawwwar.wn r. lN§TRUCTIONS TO 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 SIGN -The name and Interest of the signer should be typed or printed MIH the signature. The name7E e signed exactly as it is typed or printed. II. 5� ��The name must be signed exactly as it Is printed or typed. The signer's Interest In the props mus e s atea . Ill. JINN P,ART_N R§dIP -Signing party must be either a general partner or be authorized In writing to have e authorrty to sign for ands bind the partnership. IV. SIN_ATW5F.S FQR COR ORAT OSIS Documents should De signed by two officers, one from each of the following two groups: GROUP 1. a The Chair of the Board b The President c Any slice-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 copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute Instruments of t ie type In question Is required. A currently valid power of attomey, 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". sem . 1 , RE: MS 2492 EXHEBIT "All 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 2492 on file at the County Recorder's Office as follows: Date: Rook: Page: NL:mw GAGrpDm\EnSSvc\NEIL\Mamh 981MS 24-92.wpd 1 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:tnw GAGrpDaniEngSvo\NEIL\ M&mb 981MS 34-92.wpd