HomeMy WebLinkAboutMINUTES - 07191994 - 1.8 JULJUL
2 6 - 2 60,994
;tccor d at request of
Recorded at the request of: at _ W.
CONTRA COSTA COUNTY Contr 'Costa Cou;; y ?<�cord r
Return to: PUBLIC WORKS DEPARTMENT t�r ; VUe�r, r'iecorder FEET
ENGINEERING SERVICES DIVISION
RECORDS SECTION
Area/Dist: Byron
Road: Byron Hot Springs Road
Co. Road No: 9621 ,,
Project: MS 109-89 54 J9Q0*74
Assessor's No: 002-210-005
Space above for exclusive use of Recorder.
DEFERRED IMPROVEMENT AGREEMENT
(Project: MS 109-89)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREE ME 0:
CONTRA COSTA COUNTY OWNER: (S a no 0
J. Michael Walford
Public Works Directo
Danie aul Ferre
B
RECOMME -EDF R ROVAL:
B
Engineering ervices Division
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 Cor-
porations Code S313.)
***********************************************************************************************
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
State of 0(_rk r i�` 0- OPTIONAL SECTION
Countyof 5�(��i fi` C�C^•- CAPACITY CLAIMED BY SIGNER
On(D•1 S p
-q before me, 1 •W N Though statute does not requim the Notary to Sll in
DATE NAME,TME OF oFFIcae-ea,'JANE DOE,Nand PttELIC' the date below,doing so may prove invaluable to
personally appeared lel \p.1- ck tkL !F ( i Q penons relying on the document.
NAME(8)siaNER(8)
'INDIVIDUAL
Q personally known to me-OR-teprovided to me on the basis of satisfactory evidence to ❑CORPORATE OFFICER(S)
the person(s)whose names)is/are subscribed
to the within instrument and acknowledged to rrmE(s)
me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that E3 PARTNER(S) ❑LIMITED
by his/herhheir signatures)on the instrument
the person(s)or the entity upon behalf of ❑GENERAL
which the person(s)acted,executed the instru- ❑ATTORNEY-IN-FACT
OFFICIAL SEAL ment. ❑TRUSTEE(S)
P.WAUGH ❑GUARDIAN/CONSERVATOR
• NOTARY PUBLIC-CALIFORNIA WITNESS my hand and off *al seal, E3 OTHER:
CONTRA COSTA COUNTY
MY Comm.Exp.March 27,1995
810NANAE OF NOTAR
SIGNER IS REPRESENTING:
NAME OF PWON(9)OR ENMT(WS)
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHEDTITLE OR TYPE OF DOCUMENT he-FPcc f i) �•�roVPmfoT 4 mernT�
TO THE DOCUMENT DESCRIBED AT RIGHT
NUMBER OF PAGES DATE OF DOCUMENT
Thwehh th,dr, .w..1.d hen is
.a nwind by I.w•it could b.
pwat,d feud lest n0.6—t of
SIGNER(S)OTHER THAN NAMED ABOVE
"v
94 1900' 4
1 `` �
1. PARTIES. Effective on ..,UL y Iii , �'T , the County of Contra Costa, hereinafter referred to as
"County" and Daniel Paul Ferre - -- -- hereinafter referred to as "Owner" mutually
agree and promise as follows:
2. PURPOSE. Owner desires to develop the property he owns as 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 contact
with such city originally. Any annexing city shall have all rights of a third party beneficiary.
4. STREET AND DRAINAGE IMPROVEMENTS:
A. The improvements set forth in this section may be deferred by Owner and shall be constructed when
required in the manner set forth in this agreement. The deferred improvements required by County Department of
Public Works are generally described on Exhibit "B" attached hereto. Each of said improvements relate to the use,
repair, maintenance or improvement of, or payment of taxes, special assessments or fees on, the property described
in Exhibit "A".
B. When the County Public Works Director determines that there is no further reason to defer construction
of the improvements because their construction is necessary for the public health, welfare and safety and/or is
necessary to the orderly development of the surrounding area, he shall notify Owner in writing to commence their
installation and construction. The notice shall be mailed to the current owner or owners of the property as shown on
the latest adopted County assessment roll. The notice shall describe the work to be done by Owner, the time within
which the work shall commence and the time within which the work shall be completed. All or any portion of said
improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost of the
improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others,
the notice shall include the amount to be paid and the time when payments must be made.
5. PERFORMANCE OF THE WORK. Owner shall perform the work and make the payments required by County
as set forth herein or as modified by the Board of Supervisors. Owner shall cause plans and specifications for the
improvements to be prepared by competent persons legally qualified to do the work and to submit said improvement
plans and specifications for approval prior to commencement of the work described in the notice and to pay County
improvement plan review and inspection fee. The work shall be done in accordance with County standards in effect
at the time improvement plans are submitted for approval. Owner agrees to commence and complete,the work within
the time specified in the notice given by the Director of Public Works and to notify the County at least 48 hours prior
to start of work. In the event Owner or his successor(s) in interest fails to construct any of the improvements required
under this agreement, County may, at its option, do the work. A lien is hereby created on all property described in
Exhibit "A" for the cost of such work. If County sues to compel performance of this agreement, to recover the cost
of completing the improvements or to enforce the aforementioned lien, Owner shall pay all reasonable attorney's fees,
costs of suit and all other expenses of litigation incurred by County in connection therewith, and said attorney's fees,
costs and other expenses shall also become a lien on the property described in Exhibit "A". If the property described
in Exhibit "A" is subdivided at the time said liens are imposed, the amount of said liens shall be divided proportion-
ately among the various parcels. Permission to enter onto the property of Owner is granted to County or its contractor
as may be necessary to construct the improvements covered by this agreement.
6. JOINT COOPERATIVE PLAN. Upon notice by County, Owner agrees to cooperate with other property
owners, the County, and other public agencies to provide the improvements set forth herein under a joint cooperative
plan including the formation of a local improvement district, if this method is feasible to secure the installation and
construction of the improvements.
7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence
installation of improvements, he shall, within 30 days of the date the notice was mailed, request a review of the
requirements by the Board of Supervisors of County. The decision of this Board shall be binding upon both County
and Owner.
8. ACCEPTANCE OF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit "B"
which are constructed and completed in accordance with County standards and requirements and are installed within
rights of way or easements dedicated and accepted by resolution of the Board of Supervisors. Owner agrees to provide
any necessary temporary drainage facilities, access road or other required improvements, to assume responsibility for
the proper functioning thereof, to submit plans to the appropriate County agency for review, if required, and to
maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to
adjoining property.
1 �
94 1900'74
9. BONDS: Prior to_.County apoval of improvement plans, Owner may a required to execute and deliver to
the,County a faithful performance bond and a.payment bond in an amount and form acceptable to County to be
released by the Board of Supervisors in whole or in part upon completion of the work required and payment of all
persons furnishing labor and materials in the performance of the work.
10. INSURANCE. Owner shall maintain, or shall require any contractor engaged to perform the work to maintain,
at all times during the performance of the work called for herein a separate policy of insurance in a form and amount
acceptable to County.
11. INDEMNITY. The Owner shall defend, indemnify and save harmless the County, it's officers, agents and
employees, from every expense, liability or payment by reason of injury (including death) to persons or damage to
property suffered through any act or omission, including passive negligence or act of negligence, or both, of Owner,
his developer, contractors,subcontractors,employees, agents,or anyone directly or indirectly employed by any of them,
or arising in any way from work called for by this agreement, on any part of the premises, including those matters
arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non-use of temporary
drainage facilities, or the performance or nonperformance of the work. This provision shall not be deemed to require
the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful
misconduct of the County or its agents, servants,or independent contractors who are directly responsible to the County.
SW:cl
C:AG\.108.t6.t
(ES - 7/92)
i
- r
Order No. 758824
Page No. 5
EXHIBIT "a"
LEGAL DESCRIPTION
REAL PROPERTY in an unincorporated area, County of Contra Costa, State of California, described as {�
follows: V
a
PARCEL ONE:
Portion of the northwest 1/4 of Section 14, Township 1 South, Range 3 East, Mount Diablo Base and
Meridian, described as follows:
Beginning on the East line of the County Road running along the West line of said Section 14 at the South
line of the North 1/2 of said Section; thence from said point of beginning, North 438.50 feet along said East
line to the South line of the parcel of land described in the Deed from Martha Lena Heitman, et vir, to The
Associated Pipe Line Company, dated October 11, 1907 and recorded October 15, 1907 in Book 127 of
Deeds, at Page 493; thence East 799.22 feet along said South line to the southwest line of the right of way
of the Southern Pacific Railroad Company; thence southeasterly 520.74 feet along saiu southwest line to
the said South line of the North 1/2 of said Section; thence West 1093.62 feet along said half section line
to the point of beginning.
EXCEPTING FROM PARCEL ONE ABOVE:
See General Exception following Parcel Three herein.
PARCEL TWO:
Portion of the southwest 1/4 of Section 14, Township 1 South, Range 3 East, Mount Diablo Base and
Meridian, described as follows:
Beginning on the East line of the County Road running along the West line of said Section 14 at the North
line of the South 1/2 of said Section; thence from said point of beginning South 25.00 feet along said East
line; thence East, at right angles, 1110.40 feet to the southwest line of the right of way of the Southern
Pacific Railroad Company; thence northwesterly 30.45 feet along said southwest line to the said North line
of the South 1/2 of said Section; thence West 1093.62 feet along said North line to the point of beginning.
EXCEPTING FROM PARCEL TWO ABOVE:
See General Exception following Parcel Three herein.
PARCEL THREE:
Portion of the southwest 1/4 of Section 14, Township 1 South, Range 3 East, Mount Diablo Base and
Meridian, described as follows:
Beginning on the East line of the County Road running along the West line of said Section 14, distant 25.00
feet South from the North line of the South 1/2 of said Section 14; thence from said point;of beginning
South 18.00 feet along said East line; thence East at right angles, 1122.50 feet to the soutnw6st line of the
right of way of the Southern Pacific Railroad Company; thence northwesterly, along said southwest line,
21.93 feet to the South line of the parcel of land described in the Deed from R.A. Houston, et ux, to Byron
Hot Springs, dated April 25, 1911 and recorded May 1, 1911 in Book 168 of Deeds, at Page 16; thence
West 1110.40 feet along said South line to the point of beginning.
First.American Idle
•
EXHIBIT "B"
ES-Subdivision MS 109-89
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 Byron Hot Springs
Road for Parcels "A" and "B" , as described in Exhibit "A" : (�
1. Approximately 490 linear feet of curb and gutter, face of curb
located 10 feet from the right of way line.
2. Approximately 490 linear feet of 6-foot 6-inch sidewalk, width v
measured from curb face, built monolithic with the curb and 0
gutter.
44
3. Approximately 4900 square feet of street paving to pave
between the existing pavement and the curb and gutter.
4. Necessary longitudinal and transverse drainage.
S. Temporary conforms for paving and drainage as may be necessary
at the time of construction.
6. 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:
I. Byron Hot Springs 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 one-half (1/2) of the costs.
I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 19, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Approving Deferral of Improvements Agreement for Subdivision MS 109-89,
Byron Area. Assessor's Parcel No. 002-210-005
The Public Works Director has recommended that the Board of Supervisors approve a
Deferral of Improvements Agreement for ultimate improvements along Byron Hot Springs
Road with Daniel Paul Ferre and authorize the Chairperson of the Board to execute the
agreement. This agreement would permit the deferment of construction of permanent
improvements as required by the Conditions of Approval for Subdivision MS 109-89 and as
required by the Contra Costa County Consolidated Fire Protection District. The
improvements are located on Byron Hot Springs Road.
The Board hereby FINDS that it would not be in the public interest to require the construction
of the aforesaid required improvements sooner than two years after the recordation of the
Parcel Map of Subdivision MS 109-89.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works
Director is APPROVED.
an
action on taken acertify nd entered own the minutesand �tl e
Board of Supe Mgrs qn Ir for*"*"
ATTESTED: JAL 1 c7 ��y
PHIL BATCHELOR,perk of the Board
of Suupeniaors and ju."t
county Administrator
By �22ti at .Deputy
Contact: Steve Wright - 313-2348
Originator: Public Works (ES)
cc: Recorder (viaTi r I e) then PW Records, then Clerk of the Board
Director of Community Dev.
Daniel Paul Ferre
5401 Byron Hot Springs Road
010 Of. DOCUMENT Byron, CA 94514
SW:cl
BO:BO19. V