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Home My WebLink AboutMINUTES - 08012006 - C.1 E SE L TO: BOARD OF SUPERVISORS •t. � Contra �o�' FROM: MAURICE.M. SHIU, PUBLIC WORKS DIRECTOR juin 'z Costa DATE: August 1, 2006 ,co SrA �aUK County SUBJECT: Approving Deferred Improvement Agreement along Highgate Road for Minor Subdivision 05- 00033, (APN 572-201-018), for project being development by Cynthia A. Correia and Joel N. Meltzer, Kensington area. (District I) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Minor Subdivision 05-00033, approving Deferred Improvement Agreement along Highgate Road, for project being developed by Cynthia A. Correia and Joel N. Meltzer, Kensington area. (District I) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Required as Condition of Approval#26 for Minor Subdivision 05-00033. CONSEQUENCES OF NEGATIVE ACTION: The agreement will not be recorded. Continued on Attachment: ,1/ SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �i'PPR0VE OTHER SIGNATURES ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VO E OF SUPER ISORS UNANIMOUS(ABSENT QYl ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: _ABSTAIN: minutes of the Board of Supervisors on the date shown. G:\EngSvc\BO\2006\08-01\MS 05-0033 130-12.doc AH:vz Originator: Public Works(ES) ATTESTED: o Contact: S.Gospodchikov(313-2316) Recording to be completed by Title Company JOHN CULLEN, C rk of the Board of cc: Current Planning,Community Development Cynthia A.Correia and Joel N.Meltzer Supervisors and County Administrator 3141 Robinson Drive Oakland,CA 94602 Fidelity National Title 6200 La Salle Avenue By , Deputy Oakley,CA 94611 Attn:Ellen Heilig-Pill& Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 1, 2006 by the following vote: AYES: Uilkema,Piepho, DeSanlnier.Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - RESOLUTION NO. 2006/ SUBJECT: .Approving Deferred Improvement Agreement along Highgate Road for Minor Subdivision 05-00033, (APN 572-201-018), for project being development by Cynthia A. Correia and Joel N. Meltzer, Kensington area. (District I) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Cynthia A.Correia and Joel N.Meltzer,as required by the Conditions of Approval for Minor Subdivision 05-00033. This agreement would permit the deferment of construction of permanent improvements along Highgate Road which is located near Arlington Avenue in the Kensington area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. G:\EngSvc\BO\2006\08-01\MS 05-0033 BO-12.doc AH:vz I hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: S.Gospodchikov(313-2316) on the date shown Recording to be completed by Title Company cc: Current Planning,Community Development ATTESTED: O Cynthia A.Correia and Joel N.Meltzer 3141 Robinson Drive JOHN CULLEN, Cle of the Board of Supervisors and Oakland,CA 94602 Fidelity National Title County Administrator 6200[.a Salle Avenue Oakley,CA 94611 By ,Deputy Attn:Ellen Heilig-PiM i RESOLUTION NO. 2006/ i Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division Records Section Area: lS1N67�11 Road: Co.Road No: Project: HS as--003R- APN: S I C DEFERRED IMPROVEMENT AGREEMENT (Project: THESE SIGNATURES ATTESYTO THE.PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu,Public Works Director By: (signature, t f �T Q/ We/lgev^ RECOMMENDED FOR APPROVAL: B V�� ' Y• (signature Engineering Services ivision Cyofhia 4. CoA ei� FORM APPROVED: Victor J. Westman, County Counsel E (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must j conform with the designated representative groups pursuant to i Corporations Code§313.) (see attached notary) - f 1. PARTIES. Effective on the County of Contra Costa, hereinafter referred to as "County"and Gyi3IM IIA'A-Ca o[Ik Q r �l,"� hereinafter referred to as"Owner"mutually agree and promise as follows: i 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 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 contract with such city originally. Any annexin g city shall have all rights of a third party beneficiary. I California Notary Acknowledgment State of California County of A6A On bo /-,�Dck before me, (insert name and title of the offic r here) personally appeared ,(,, � A, Ctrl?lq wAil -3oO �e A�It-zer personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they 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. WITNESS my hand and official seal. Signature (Seal) TULSI SHARMA F... Commission#1530931 Notary Public-California Alameda County My Comm.Expires Dec 2,2008 HEL6850CA(1-06) RE: MS 05-0033 t 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 Higligate Road for Parcel B , described in Exhibit "A": 1. Approximately 35 linear meters ( 115 linear feet) of curb, face of curb to accommodate an 18-foot half width of Highgate Road. 2. Approximately 35 linear meters ( 115 linear feet) of 1.4 meter (4-foot 6-inch) sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 106 square meters ( 1150 square feet) of street paving to pave between the existing pavement and the lip of gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the County Public Works Department. 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 constriction of the above deferred improvements shall begin as outlined in Item 413 of the agreement or when either of the following occurs: 1. Hiehsate 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 100% of the costs. :11Z f GAG rpData\EngSvc\Fomes\EXH[BITS WORMEXHIBIT-B.doc Rev..hdv>,2006 I MS05-0033 (Dm No.reference) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcel B_designated as'Highgate Road , shown on the parcel snap of Subdivision MS 05-0033 , on file at the County Recorder's Office as follows: Date: Book: Page: Min" GAG" Datati\ENg vc\Forms\EXHIBITS WORD\EXHIBIT-A.doc IieAu�*us�30�19�� f