HomeMy WebLinkAboutMINUTES - 08121997 - C15 CONTRA COSTA Co Recorder's Office
STEPHEN L. WEIR, County Recorder
Recorded at the request of:
contra costa county DOC - 97-01-4723-4-00
Return to:
Public Works Department Friday, AUG 15, 1997 13:40:23
Engineering Services FRE $0.001
Ttl Pd $0.00 Nbr-0000138434
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 12, 1997 by the following vote:
AYES: Supervisors Uilkema, Gerber, Canciamilla, Rogers
NOES: None
ABSENT: Supervisor DeSaulnier
ABSTAIN: None
RESOLUTION NO.: 97/438
SUBJECT: Approving a new Deferred Improvement Agreement dated August 12, 1997, and
Exonerate old Deferred Improvement Agreement dated June 28, 1977, along Kay
Lane for MS 201-76 (APN 034-070-056 & 057), Oakley Area.
The Public Works Director has recommended that he be authorized to execute a new
Deferred Improvement Agreement with Kenneth L. Dyer and Susan Shead (Trustee of the Shead
family trust dated April 9, 1993), as required by the Conditions of Approval for MS 201-76. This
agreement would permit the deferment of construction of permanent improvements along Kay Lane
which is located in the Oakley area.
The Public Works Director has further recommended that he be authorized exonerate an old
Deferred Improvement Agreement with Paul F. Keeney, Jr. and Catherine Keeney which is recorded
in Book 8406,Page 169 in the County Records and is an encumbrance to Assessor's Parcel No. 034-
070-033 which subsequently was subdivided into Assessor's Parcel No.. 034-070-056 & 057.
IT IS BY THE BOARD ORDERED that these recommendations of the Public Works
Director are APPROVED.
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G:\ENGSVC\BO\B08-12.WPD hw*f eel*that this h]!tare Mrd E011trft OOpY of
iM ad%n taken and entered on the minutes of to
Originator.Public Works(ES) Dowt of Supe Orf on the ata shown.
11- 1
Contact: Rich Lierly(313-2348) IL sA:rcmQLoR,clerk MT board
cc: Recorder(via Clerk)then PW Records 01,Supervisors and County Adminta rator
Kenneth L.Dyer
44 Kay Court,Oakley,CA 94561 D"4
Susan Shead,Trustee of the Shead Family Trust(dated April 9,1993)
30 Kay Court,Oakley,CA 94561
Recorded at the request of: RE CE I V E ID
Contra Costa County
Return to: J U L 23 1997
Public works Department BY PUBLIC WORKS OEPL
Engineering Services Division
Area: Oakley
Road: Kay Lane
Co.Road No: N/A
Project: MS 201-76
Assessor's No: 034-070-056&057
Address: #30, Kay Ct.,Oakley,CA 94561
Space above for exclusive use of Recorder.
DEFERRED INTROVEMENT AGREEMENT
(Project: MS 201-76)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
J. Michael Walford, Public Works Director
B (Sig--)
nneth L. Dyer
RECO APPROVAL:
By:
n ' g Services Division usan Shead, Trustee of T e
Shead Family Trust (Dated April 9, 1993)
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 con-
form with the designated representative groups pursuant to Cor-
porations Code S313.)
(see attached notary)
1. PARTIES. Effective on ,the County of Contra Costa,hereinafter referred to as"County"and Kenneth L Dyer and
the Susan Carol Shead Trust here' after referred to as"Owner"mutually agree and promise as follows:
2. PURPOSE. Owner desires the County to exonerate and existing Deferred Improvement Agreement(DIA)(Book 8406,page 169 of County
Records)affecting the property as described in Exhibit"A".The County agrees to the exoneration of that old DLA once this new DIA is recorded.This
DIA requires the owner to construct 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 RAPROVEMENTS:
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 inspection fees. 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 attorneys fees,costs of suit and all other expenses of litigation incurred by County in connection
therewith,and said attorneys 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 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 RAPROVEMENTS. 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. INDEM MY. 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 pemianent drainage facilities or the adequacy,safety,use or non-use of temporary drainage facilities,or the performance or non-
performance 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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G:\ENGSVC\RICH\ILTNE\N4S201-76.WPD
ES - 201-76
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcels"A" & `B" as shown on Subdivision MS 201-76 as recorded on July 6, 1977,
in Book 56 of Parcel Maps, pages 13 & 14, on file at the County Recorder's Office. Also commonly
referred to as#30 and #44 Kay Court, Oakley, CA. County Assessor Parcel Numbers 034-070-056
& 057.
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G:\ENGS VC\RICHUUNE\1,4S201-76.WPD
RE: MS 201-76
EXI-IIBIT "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 Kay Lane for Parcels"A" and `B", described in Exhibit "A":
1. Approximately 450 square meters (4800 square feet) of street paving of Kay Lane.
2. Necessary longitudinal and transverse drainage.
3. Temporary conforms for paving and drainage as may be necessary at the time of construction.
4. Utility distribution services shall be installed underground.
5. 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. Kay Lane 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.
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G:\ENGSVC\RICHULTNE\MS201-76.WPD
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State ofky
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Count of n � S'
County o4A
,i On TU, before me, C
![ Date Name and Title of Officer(e.g.,"Jane Doe!Notary Public') �`
personally appeared �U -jZ AkJlh J11"'.4/j 2h �iLs E �c
(1� Names)of Signer(s) t
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x (personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) t'�;
whose name(s) is/are subscribed to the within instrument
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E. S. HEAD and acknowledged to me that he/she/they executed the
1117000 NOTARY PUBLIC-C;ttlr0i,SiA same in his/her/their authorized capacity(ies),and that by ,Y
Conte+osta County , his/her/their signature(s)on the instrument the person(s),
;t' tfy fumm.Ec;,as r:uv.19,2G' Ior the entity upon behalf of which the person(s) acted, N
executed the instrument.
WITNESS my hand and official seal.
f.;
t` tgn o1 Notary blic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
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Description of Attached Document
Title or Type of Document: O�EaX�
Document Date: Number of Pages: t`
Signer(s) Other Than Named Above:
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Capacity(ies) Claimed by Signer(s) Q /�
Signer's Name: -iy���� �.�SO�R Signer's Name: c�aTei A) 8/75Ab,
X Individual 0 Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ Genera! ❑ Partner—El Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
r ❑ Trustee _ Trustee
E) Guardian or Conservator U Guardian or Conservator
U Other: Top here ❑ Other: Top of thumb here
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Signer Is Representing: Signer Is Representing:
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0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 J Reorder:Call Toll-Free 1-800-876-6827