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Home My WebLink AboutRESOLUTIONS - 01012001 - 2001-360 Recorded at the request or: 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.Germain 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 deferment of construction ofpermanent 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\130\2001\BO 8-7-0l.doc JD: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 t 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: MS 53-90 APN: 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 ' Trust, ydeTrust Agreement dated July 9, 1998 By: f./ .}.ii .,s..,r _ t. /�."„"_, (signatur X -1, Steven R. St. Germain, Trustee RECOMMENDED FOR APPROVAL: By: (signature) n g Services Division Susan A. St. Germain, Trustee ' FORM APPROVED: 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 designated representative groups pursuant to Corporations Code§313.) (see attached notary) 1. PARTIES. Effective on7 Z� the County of Contra Costa,hereinafter referred to as"County"and Steven R.St.Germain and Susan A.St.Xermain 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. rr CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofDl ��i�Y1 ( C( OPTIONAL SECTION County f C ��C{ 11 CAPACITY CLAIMED BY SIGNER On 6 1 before me, t��4 (�� T L_�L-ZJ Though statute does not require the Notary to till DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable Personally appeared to persons relying on the document. NAME(S)OF SIGNER(S) O INDIVIDUAL personally known to me-OR-O provided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the persons)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 11 PARTNER(S) O LIMITED a,....�.��•, _, �._� �>,�_. __ ¢`g ❑ GENERAL � L`t'' '1� ? rvSy^�jL �b capacity(ies),and that by his/her/their ❑,ATTORNEY-IN-FACT C4 then tity upon behalf of whichlthe person(s))r ( ) (_0 t A. 1 13141 TRUSTEE(S) 4 rOL' ei rOlR•A V- a d,executed the instrument. O ARDIAN/CONSERVATOR C Sr ^OUINTY ❑ OTHER: :CC 1 .i S r .'.0.n031 ESS my nal seal, SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENTITY(IES)1 SIGNATURE OF NOTARY o acknowledged to me that such corporation executed the within instrument pursuant to its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED 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 Than 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 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 L (a)The Chair of the Board bThe President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary 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 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_" )C—df R-January 13,2000 Minor SubAivision 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: JR G:\GipData\EngSvc\Jorgc\2000\FebruaTy\MS53-90 Dia.doc 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. Construct 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 (±110 linear feet) of 1.4 meter (4-foot 6-inch) sidewalk,width measured from curb face,built monolithic with the curb. 3. Construct approximately 102 square meters (±1100 square feet) of street paving along the frontage. 4. Construct 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 constructed 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 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 one-third of the costs. - G\GrpData\EngSvc\Jorge\2000\Febrvary\MS53-90DIA.doe