HomeMy WebLinkAboutMINUTES - 09121995 - C30 TBE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 12, 1995 by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Rogers
ABSTAIN: None
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby
ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Consent to Offer Encroachment Permit Apostolic Faith El Sobrante
of Dedication No. A-1081 Mission
for Roadway
Purposes
Deferred Encroachment Permit Apostolic Faith El Sobrante
Improvement No. A-1081 Mission
Agreement
I hereby certify that this Is a true and correct COPY of
an action taken and entered on the minutes of the
Board of Sups ism an the date slumm
ATTESTED, —14 AM
PHIL SAVHELOR,C"Of the BMW
of supwvIwssed Cou*Ate' ftW
j,'
By ---,Deputy
Contact: Rich Lierly - 313-2348
Originator: Public Works(ES)
cc: Recorder(via Clerk)then PW Records
Director of Community Development
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B012A9
95 160246o�
Recorded at the request of:
CONTRA COSTA COUNTY SEP 2 rt 1995
Return to: PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION AT, OT$,`IOCK NL
RECORDS SECTION CONTRA COSTA COUNTY RECORD
Area/Dist:EI Sobrante STEPHEN L WEIR
Road:Hilltop DriveCOUNTY R-rc RDER
Co.Road No:0872A `�E
Project:Encroachment Permit#A-1081
Assessor's No:426-330-005
Space above for exclusive use of Recorder.
DEFERRED RAPROVEMENT AGREEMENT
(Project:Encroachment Permit A-1081)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
J. Michael Walford
Public Works Director A c�CS _icy
B r '�
RECOMMENDED FOR APPROVAL:
By:
Engineering Services Division
FORM APPROVED: Victor J. Westman,
County Counsel (NOTE: this document is to be ac-
knowledged with signatures as they
appear on deed of title. If Owner is
incorporated, signatures must con-
form with the designated representa-
tive groups pursuant to Corporations
Code S313.)
(see attached notary)
1. PARTIES. Effective on the County of Contra Costa,hereinafter referred to as"County"and
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 tennis,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 IN PROVEMENTS:
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 perforin 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 proportionately 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 REOUIREMENTS. 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 RviPROVEMENTS. 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.
9. BONDS. Prior to County approval of improvement plans,Owner may be 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.
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State of
County of
On 3--21:.':' - ?,I'before me
DATE NAME,TRLE of OFFICER-E.G-'JAM Doe,NOTARY Pueuc'
personally appeared �L7/ ucpE �L7/sfi'o�iO
NAME(S)SIGNER(S)
in the capacity as /i1I 161404-f,gG
kmmouAL.GENERAL PARTNER,CORPORATE OFFICER-E.G.,VICE PRESM*W
personally known to me -OR-❑proved to me on the basis of satisfactory evidence to
be the person($)whose name4@3re subscribed to the within
instrument and acknowledged to me that JJ3Fshefthey executed
the same in(pherAheir authorized capacity(ies),and that by
40herAheir signature(s)on the instrument the person(s),or the
entity upon behalf of which the person(s)acted,executed the
r� instrument
!9 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.
GLORIA EDGER INITNEss my hand and official seal,
COMM 01OW42
am 11M.4 Signaturotary
SIGNATURE REQUIREMENTS
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
L FOR ALL SIGNATURES -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. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers
interest in the property must be stated.
it. 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.
IN. 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 Yum-President (c)The Chief Financial Officer
(d)The Assistant Treasurer
tf signsWres 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 authortdng the person signing the Instrument to execute instruments of the type
in question is required. A currently valid power of attorney,notarized,will suffice.
Nofarbation 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."
glen gsvc%wo rkln ota ry2.n ew
L F3 ti
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 12, 1995 by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Rogers
ABSTAIN: None
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby
ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Consent to Offer Encroachment Permit Apostolic Faith El Sobrante
of Dedication No. A-1081 Mission
for Roadway
Purposes
Deferred Encroachment Permit Apostolic Faith El Sobrante
Improvement No. A-1081 Mission
Agreement
I hereby certify that this is a tnis and correct copy of
an action taken and entered on the minutes Of the
Board of Supervipore on the date shown.
ATTESTED: !j'FZ
PHIL wdmom cwk Of the s6ed
of supef vie=w4 Crj*Adfrdaft"
Contact: Rich Lierly - 313-2348
By Dept"
Originator: Public Works(ES)
cc: Recorder(via Clerk)then PW Records
Director of Community Development
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BO12.t9
Recorded at the request of:
Contra Costa County
Engineering Services Division
Return to: 95 160245 SEP 2 r„ 1995
Contra Costa County
Public Works Department 1�T MOCK NL
Records Section CONTRA COSTA COUNTY RECORDS
STEPHEN L WEIR
COUNTY RECORDER
Area - EI Sobrante 7EE $
Road - Hilltop Drive
Co. Road No. - 0872A
Development - Encroachment Permit#A-1081
Assessor's No. -426-330-005
OFFER OF DEDICATION - ROAD PURPOSES
the undersigned, being the present title owner of
record of the herein described parcel of land, do hereby make an irrevocable offer of
dedication to CONTRA COSTA COUNTY, a political subdivision of the State of
California, and its successors or assigns, for street, highway landscaping and other
related purposes including maintenance thereof, the real property situated in the
County of Contra Costa, State of California, described in Exhibit "A" (written
description) and shown on Exhibit"B" (plat map) attached hereto.
It is understood and agreed that CONTRA COSTA COUNTY and its successors or
assigns shall incur no liability with respect to such offer of dedication, and shall not
assume any responsibility for the offered parcel of land or any improvements thereon or
therein, until such offer has been accepted by appropriate action of the Board of
Supervisors, or of the local governing bodies of its successors or assigns.
The provisions hereof shall inure to the benefit of and be binding upon heirs,
successors, assigns, and personal representatives of the respective parties hereto.
IN WITNESS WHEREOF, these presents have executed this instrument this
day of 11, /7
GLORIA EGGER ;
0 Oomm.#to6�7a__ �?_�
ao�III�l eM2 1lM� ;400SfD�%� t=,a/
CROWNWT
(see attached notary)
9:letxlsv agla-1081.of6
(8/10/94)
State of �i9L�JrO�if/��
County of .iv
On -? - 9,0— before me
DATE NAmF, :m of OFF -�Zzlpcl
' TARY PUBLIC'
personally appeared �� d/OE
NAME(S)SIGNER(S)
in the capacity as /n/e0 i v i to U A G
iNDMDUAI-GENERAL PARTNER,CORPORATE OFFICER-E.G..VICE PRESIDENT
tA personally known to me -OR-❑ proved to me on the basis of satisfactory evidence to
be the person(s)whose name®'are subscribed to the within
instrument and acknowledged to me that(&she/they executed
the same in Qher/their authorized capacity=,and that by
40herAheir signatureN)on the instrument the person,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.
GLORIA SER ;WITNESS my hand and official seal,
INC0 0011111111116~42
Ift Lw'� Signa r of Notary
-
SIGNATURE REQUIREMENTS
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
L FOR ALL SIGNATURES -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.
U. 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.
UL SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing
1b 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
U 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 authoriang 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:den gsv6wo rlM ota ry2.new
EXHIBIT"A"
LEGAL DESCRIPTION
Real property in the City of Richmond, Contra Costa County, California,being a portion
of Lot 242, as designated on the map entitled"Map of the San Pablo Rancho,
Accompanying and Forming a part of the Final Report of the Referees in Partition,"which
map was filed for record in the Office of the Recorder of the County of Contra Costa,
State of California, on March 1, 1894, also being a portion of the parcel of land described
in the Deed to Apostolic Faith Mission of Portland Oregon, an Oregon Corporation,
recorded January 24, 1995, Series No. 95-011093, more particularly described as follows:
Beginning at the most southern corner of said Apostolic Faith Church parcel (95-011093);
thence along a westerly line of said parcel North 13' 30'West, 15.00 feet; thence parallel
to the southern line of said parcel North 760 30'East, 246.05 feet to the southeasterly line
of said parcel; thence along the southeasterly and southerly line of said parcel the
following two courses: South 480 18' 30" West, 31.75 feet, and South 76° 30' West,
218.07 feet to the point of beginning.
�O LAND 3G Prepared by:
NEW
�.2-
0
No.7115 i
Exp.12-31-98
Matt ew L. Rei
L.S. 7115
Expire 12/31/98
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EXHIBIT "A"
Encroachment Permit A-1081
All that real property situated in the County of Contra Costa, State of
California, described in the deed to Apostolic Faith Mission, series No. 95-011093,
recorded January 24, 1995.
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g:\engsvc\work\a-1081.a 13
• t
EXHIBIT "B"
ES-Subdivision Encroachment Permit A-1081
EMPROVEMENTS
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 Hilltop Drive
for Parcel APN 426-330-005, as described in Exhibit "A":
1. Approximately 230 linear feet of curb and gutter, face of curb located 10 feet from the right
of way line.
2. Approximately 230 linear feet of 5-foot 6-inch sidewalk, width measured from curb face,
built monolithic with the curb and gutter.
3. Approximately 3,000 square feet of street paving to pave between the existing pavement and
the curb and gutter.
4. Necessary longitudinal and transverse drainage.
5. Necessary street lights. The final number and location of the lights will be determined by
the utility company and approved by the traffic engineer.
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
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. Hilltop Drive 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 100% of the costs.
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