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HomeMy WebLinkAboutMINUTES - 07111995 - C17 CI) f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 11, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None 9� 112570 ABSENT: None ABSTAIN: None SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRITMF.NT R .FF.RFNC'R GRANTOR AREA Release and LUP 2009-92 Shell Oil Company Martinez Indemnification 1 hereby cortify that this is a true and correct copy of an action taken and entered On o�a n�of the Board of Su A1TE,of�� l G of the Board SUWVWS attd b p"nistrator By .Deputy Uw J U L 171995 Contact: Rich Lierly - 313-2348 AT 1���M�"A—L Originator: Public Works CONTRA'STA COU g (�) STEPHEN L WEIR cc: Recorder (via Clerk) then PW Records PEE$ COUNW RECORD Director of Community Development RCL:cl B07.tl 1 _ a _ Recorded at the request of: CONTRA COSTA COUNTY Public Works Department Engineering Services Division Return to: Public Works Department Records Section Area: Martinez Road: n/a Co. Road No.: n/a Project: LUP 2009-92 Assessor's No.: 378-140-003,006 378-071-001, 378-072-011,012,013 & 015 378-110-009, RELEASE AND INDEMNIFICATION Shell Oil Company declares as follows: a. Shell Oil Company is the owner of the Martinez Manufacturing Complex located in Martinez, California, as described in the Deed to Shell, recorded August 11, 1952, in Book 1975 of Official Records at Page 126 and September 21, 1949 in Book 1451 of Official Records at page 434, and March 2, 1965, in Book 4814 of Official Records at page 32, and April 6, 1965, in Book 4839 of Official Records at page 186, and August 30, 1965, in Book 4942 of Official Records at page 159 (the property). b. In connection with its Clean Fuels Project, Shell Oil Company has been issued Land Use Permit No. 2009-92 by the County of Contra Costa. C. Condition 69 of the above referenced Land Use Permit (LUP) requires the construction of certain drainage improvements and includes a provision for granting a release and indemnification regarding such improvements in favor of the County of Contra Costa. d. Pursuant to Condition 69 of the LUP, Shell,Oil Company hereby releases the County of Contra Costa, and the County Flood Control and Water Conservation District respective officers, agents and employees from any claim, cost, or liability arising out of or in connection with any damage to the site improvements resulting from the conveyance of storm water across Shell's property. e. Shell Oil Company hereby agrees to defend, indemnify, and hold said County, and the County Flood Control and Water Conservation District respective officers, agents, and employees harmless from any claims, costs, demands, expenses or liability, including without limitation all consequential damages, arising out of or in connection with any damage to the site improvements resulting from the conveyance of storm water across Shell's property. f. This Agreement is an instrument affecting the title or possession of the real property described above, and shall be binding on and inure to the benefit of Shell Oil Company's successors and assigns. Executed this /7 day of 199 .5-- . ANNE L.SHACKLEFORD tZ w = COMM. #1004630 NOTARY PUBLIC-CALIFORNIA `' CONTRA COSTA COUNTY My Comm.[xpires Nov.4,1"7 125130 State of County of (rA n -F-►74 On 5'1171q4-'before me_ ne L, .5�I4 c /4e r��d DATE t {� NAME,TrrLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC personally appeared d r-e w s NAAAE(S)SGGNER(S) in the capacity as INDMDUAL,GENERAL.PARTNER,CORPORATE OFFlCER-E.G..VICE PRESIDENT 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 he/shelthey executed the same in his/her/their 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. _ _ WITNESS my hand and official seal, ANNE L.SHACKLEFORD NOTARY UBLIC 004FORNIA e y CONTRA COSTA COUNTY an�-, My Comin.Expires Nov.1,1991 Signature of Notary SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name arid interest of the signer should be typed or printed in the space provided. he 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 authormng 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:kengsvc\worklnotary2.new