HomeMy WebLinkAboutMINUTES - 08012000 - C9-C10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 1, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER.
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/359
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8136, in the
Clyde area.
The following documents were presented for Board approval this date:
1. Map
The Final Map of Subdivision 8136, property located in the Clyde area, said map
having been certified by the proper officials,
IV. Subdivision Agreement
A subdivision agreement with David Zeigler, subdivider, whereby said subdivider
agrees to complete all improvements as required in said subdivision agreement
within one year from the date of said agreement. Accompanying said subdivision
agreement is security guaranteeing completion of said improvements as follows:
A. Cash Deposit
Deposit amount: $2,800.00
Deposit made by: American Building &Development, Inc.
Auditor's Deposit Permit No. and Date: DP351925 dated June 20, 2000
B. Surety Bond
Bond Company: Developers Insurance Company
Bond Number and Date: 8658645 dated June 15, 2000
Performance Amount: $281,500.00
Labor&Materials Amount: $142,150.00
Principal: David Zeigler
�s
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8136, in the
Clyde area.
DATE: August 1, 2000
PAGE -2-
V. Tax.Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 1999-2000 tax
lien has been paid in full and the 2000-2001 tax lien,which became a lien on the first
day of January, 2000, is estimated to be $3,300.00, with security guaranteeing
payment of said tax lien as follows:
• Tax Surety
Bond Company: Developers Insurance Company
Bond Number and Date: 865954S dated July 11, 2000
Amount: $3,300.00
Principal: David Zeigler
NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions
for its design and improvement, is DETERMINED to be consistent with the County's general and
specific plans;
BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not
accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also 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.
DE:kw
G:\GrpDatalEngSvc\BOl2000\BO 7-25-0o.doo AUGUST 1 A
ATTESTED: . 2 000
ConOriginator:PublRich Warks 13-2 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator
Contact: Rich Lierly{313-2348)
cc: Public Works-R.Bruno,Construction
Current Planning,Community Development By ,Deputy
T—
David Zeigler
3143 Clayton Road,Concord,CA 44520
Developers Insurance Company
17780 Fitch,Suite 200,Irvine,CA 92623
Recorded at the request of:
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 Order on August 1, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Approving Deferred Improvement Agreement along Canal Road for LP992064,(APN
095-060-012 and 095-110-004), Bay Point area.
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Williams Communications, Inc., as required by the Conditions of
Approval for LP992064. This agreement would permit the deferment of construction of permanent
improvements along Canal Road, which is located in the Bay Point area.
IT IS BY THE BOARD ORDERED 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.
ATTESTED: AUGUST 1, 2000
PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator
JC:kw By Deputy
G:\GrpData\EngSvc\BO\2000\130 8-1-00.doc
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Recorder(via Clerk)then PW Records
Current Planning,Community Development
dd
x
Reei*rded at the request of: IIII'll'II III��II II I I"II III I"� I III'I III II I'I
Conn Costa County CONTRA COSTA Co Recorder Office
Public Works Departrnent STEPHEN l WEIR
Engineering Services Division , Clerk-Recorder
Return to: DOC® 2000-0164745-00
Public Works Department
Engineering Services Division W, AUG 02, 2000 08:26:58
Records section FRE $0.00
Ttl Pd $0.00 Nbr-0000061038
Area:Bay Point ire/R0/1-0
Road:Canal Road
Co.Road No: 5384B
Permit: LP992064
APN:095-060-012 and 095-110-04
DEFERRED IMPROVEMENT AGREEMENT
(Permit: LP992064)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CO
NTRA COSTA COUNTY 0 (See note below)
Maurice M. Shiu, Public Works Director Williams Communications Inc., dba Vyvx, Inc.
By A'&AA t:ipaturel
Daniel E. Fleming, Attorney in Fa t
RECOMMENDED FOR APPROVAL:
By:
�ig Services 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
Corporations Code§313.)
(see attached notary)
1. PARTIES. Effective on u5f f.2. the County of Contra Costa, hereinafter
referred to as "County" and Williams C e tvmunications Inc., dba Vyvx, Inc., 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 sha11 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.
v.
LP992064
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California,
described as follows:
All of that land described in the deeds recorded-anti on file at the County Recorder's
Office as follows:
Date: 6-11-96
Book: 96109
Page: 844
KD:kw
Ca:\GrpData\EngSvc\Ken\2000103May%Lf'992064 Ldoc
RE: LP992064
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 Canal Road for Parcels 095-060-012 and 095-110-04, described in Exhibit "A":
1. Approximately 185 linear meters (600 linear feet) of curb, face of curb located 3 meters
(10 feet) from the right of way line.
2. Approximately 185 linear meters (600 linear feet) of 1.5 meter (4-foot 6-inch) sidewalk,
width measured from curb face,built monolithic with the curb.
3. Approximately 555 square meters (6,000 square feet) of street paving to pave between
the existing pavement and the lip of gutter.
4. Necessary longitudinal and transverse drainage.
5. Necessary grading to elevate roadway up to 1 meter along westerly portion of the site.
6. Temporary conforms for paving and drainage as may be necessary at the time of
construction.
7. Pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans
with Disabilities Act.
8. Compliance with all rules, regulations and procedures of the National Pollutant Discharge
Elimination System (NPDES) for municipal, construction and industrial activities as
promulgated by the California State Water Resources Control Board, or any of its
Regional Water Quality Control Boards (San Francisco Bay B Region II, or Central
Valley B Region IV).
9. Submital of improvement plans to the Public Works Department, Engineering Services
Division, for review.
10. Payment of inspection and plan review fees.
POWER OF ATTORNEY
KNOW ALL MEN BY 'THESE PRESENTS that GREG S. FLOERKE, in his capacity as Mice
President of WILLIAMS COMMUNICATIONS, INC., a Delaware corporation ("WCI"), having its
principal place of business in the City of Tulsa, State of Oklahoma, does hereby constitute and appoint
DANIEL E. FLEMING his true and lawful attorney and in his name and in his capacity as Vice President
of WCI to execute and deliver from time to time in the name and for and on behalf of WCI, as its Attorney-
in-Fact, with the corporate seal of WCI thereunto affixed and attested to by its Secretary or one of its
Assistant Secretaries, or without such corporate seal and/or without such attestation, any instrument or
instruments of one or more of the following types:
(1) Agreements that grant easements, rights of way, licenses, or permits; and
(2) Agreements modifying or amending the terms of easements, rights of way, licenses or
permits; and
(3) Releases and partial releases of easements and rights of way; and
(4) Agreements allowing encroachments onto easements and rights of way owned by
Company; and
(5) Agreements subordinating easement rights; and
(6) Contracts relating to the modification and relocation of facilities; and
(7) Real estate purchase agreements and options to purchase or sell; and
(8) Rental or lease agreements;
(9) Deeds, bills-of-sale and any other instruments and applications affecting the conveyance,
title or use of real property, personal property or any other property interest;
(10) Constructions contracts;
(11) Consulting contracts; and
(12) Non-disclosure and confidentiality agreements
with such tenons and conditions as said Attorney-in-Fact shall deem proper and advisable, giving and
granting unto said Attorney-in-Fact full and complete power and authority to do and perform any and all
acts and things as may be necessary and proper in the premises. This Power of Attorney shall remain in
full force and effect until terminated by GREG S. FLOERKE or WCI.
GREG S. FLOERKE hereby declares that each and every act, matter, and thing which shall be
given, made, and done by the said DANIEL E. FLEMING in connection with the exercise of any or all
of the aforesaid powers shall be as good, valid, and effectual to all intents and purposes as if the same had
been given, made, and done by him, and he hereby ratifies whatsoever the said Attorney-in-Fact shall
lawfully do or cause to be done by virtue hereof.
oe
R,
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the 4th day of
.January 2000.
[SEAL] WILLIAMS COMMUNICATIONS, INC.
Greg S. Floe e
Vice President
Attest:
4�wf
Josep^.Miller
Ass Stant Secretary
STATE OF OKLAHOMA }
} ss.
COUNTY OF TULSA }
BE IT REMEMBERED that I, a Notary Public duly qualified, commissioned, sworn, and acting
in and for the County and State aforesaid, hereby certify that on this 4th day of January 2000, there
appeared before me Greg S. Floerke, being the Vice President and Joseph W. Miller, being the Assistant
Secretary of WILLIAMS COMMUNICATIONS, INC., a Delaware corporation, and severally
acknowledged that as such Vice President and Assistant Secretary they signed and delivered the said
instrument and caused the corporate seal of such corporation to be affixed thereto, pursuant to authority
given by the Board of Directors of said corporation as their free and voluntary act and as the free and
voluntary act and deed of said corporation, for the uses and purposes therein set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of my
office the day and year last above written.
Notary Public
My Commission Expires:
0TA�
.' '� , LIC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
s:�•c > y.,] r �Il Y't OPTIONAL SECTION
County of "1�tx�e C► CAPACITY CLAIMED BY SIGNER.
Onbefore me, �( ' toi u uletl�e Though statute does not require the Notary to 1111
oars
NAME, OF OFFICER-E.G.,-JANE DOE,NOTARY"LIC- in the data below,doing so may prove invaluable
personally appeared -- `1sty #X fiA to persons relying on the document.
NAME( OF SIGNEF4S) 0 INDIVIDUAL
U ersonally known to me-OR w 0 provided to rite on the bass's of satisfactory evidence to D CORPORATE OFFICERS)
w
,r be the person(s)whose name(s)is/are TrrLE(s)
�. •V subscribed to the within instrument and
� �„** acknowledged to me that he/she/they executed• ,r 0 PARTNER(S) D LIMITED
the same in his/her/their authorized
* Dims77 „•,' capacity(ies),and that by his/her/their0 GENERAL
signature(s)on the instrument the person(s)or K ATTORNEY-IN-FACT
POWLIC ; the entity upon behalf of which the person(s)
0 TRUSTEE(S)
. �4 X! acted,executed the instrument. 0 GUARDIAN/CONSERVATOR
0 4m
✓IN *. D OTHER:
' J1� • ** 'L� I7 NESS my hand and of4lci l seki
al, SIGNER IS REPRESENTING:
A«4 ����«*•� t#. iNAMOFP'ERSON(S)ORt ITM )
IGNATME OF NOTAR
0 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or
a resolution of it--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
INSTRUCTIM 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, -The name and interest of the signer should be typed or printed EiEhTLthe signature. The name
must be signed exactly as it is typed or printed
IL SIQHA.TURES_EOR INDTYTDUALS-The name must be signed exactly as it is printed or typed. The signer`s interest in the
property must be statecL
III. SIGNAI=S FOR, S-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,
flcu rneuts should a signed y two officers,one from each of the following two groups:
GROUP 1. Naair of the Board
((b, The President
c Any Vice-President
GROUP 2. a "The Secretary
An Assistant Secretaryc The Chief Financial Officer
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 sfigning the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized,will su see.
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."
rc:k
Rev.April s,2000