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Home My WebLink AboutMINUTES - 09192006 - C.17 TO: BOARD OF SUPERVISORS . s� L = Con7ra FROM: MAURICE M: SHIU PUBLIC WORKS DIRECTOR / S -41;40' .. Costa s x . z DATE: September 19, 2006 ST'`t COON' v County SUBJECT: Approving Deferred Improvement Agreement along Evora Road for Subdivision 04-08918, (APN 099-160-015, -019, -020,-025, -028, -029), for project being developed by Thomas/DeNova, LLC Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 6 3` for Subdivision 04-08918,approving deferred Improvement Agreement along Evora Road,being developed by Thomas/DeNova, LLC, Bay Point area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Public Works Department has reviewed the Deferred Improvement Agreement and has determined that it satisfies Condition of Approval#64 for Subdivision 04-08918. CONSEQUENCES OF NEGATIVE ACTION: The Deferred Improvement Agreement will not be executed. Continued on Attachment: ✓ SIGNATURE: L--RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD,COMMITTEE APPROVE OTHER SIGNATURE (S)- ACTION OF BO ON APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct 7'E OF SUPERVISORS �- copy of an action taken and entered on the UNANIMOUS(ABSENT� ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: LS:vz G:\EngSvc\BO\2006\09-19\SD 04-08918 BO-12.doc ATTESTED: �-� G�lipliy q�j4(J� i Originator: Public works(ES) JOHN CULLEN, Jerk of the Board of Contact: S:Gospodchikov(313-2316) cc: Current Planning,Community Development" Supervisors and County Administrator Fidelity National Title_ 2150 John Glen Drive,Suite 300 Concord;CA 94520 Attn:Marty Loza By ,Deputy 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 September 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN: NONE --- — ' RESOLUTION NO. 2006/5� . SUBJECT: Approving Deferred Improvement Agreement along Evora Road for Subdivision 04- 08918,(APN 099-160-015,-019,-020,-025,-028,-029),for project being developed by Thomas/DeNova, LLC Bay Point area. (District V) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Thomas/DeNova,LLC,as required by the Conditions of Approval for Subdivision 04-08918. This agreement would permit the deferment of placing existing utility distribution facilities underground along Evora Road which is located West of Willow Pass Road in the Bay Point area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LS.vz I hereby certify that this is a true and correct copy of an action G:\EngSvc\Bo\2006\09-19\SD 04-08918 Bo-12.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown Contact: S.Gospodchikov(313-2316) Recording to be completed by Title Company ATTESTED:pTY?XJ6� ZZ .& - Io cc: Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and Fidelity National Title. 2150 John Glen Drive,Suite 300 County Administrator Concord,CA 94520 Attn:Marty Loza By ,Deputy RESOLUTION NO. 2006/ �� 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: Bay Point Road: Evora Road Co.Road No: 5085 Project: SD 04-08918 APN: 099-160-015,-019,-020,-025,-028,-029 DEFERRED IMPROVEMENT AGREEMENT (Project: SD 04-08918) .THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu,Public Works Director Thomas/DeNova, LLC Steven P. Thofilas RECOMMENDED FOR APPROVAL: _ 1 Y lo > r� Engineering Sery ces Division David B.. Sanson . 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 `9 AJC 0( ,the County of Contra Costa,hereinafter referred to as"County"and Thomas/DeNova,LLC 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 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 annexing city shall have all rights of a third party beneficiary. SD 04-08918 . EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows`. All of Parcels 099-160-015,-019,-020,-025,-028,-029 designated as Lots 1-18 as shown on the final map of Subdivision 04-08918, on file at the County Recorder's Office as follows: Date: Book: Page: LS:vz GAEngSvc\Iaurie\2006Vune\SD 04-08918 EXHIBIT-A.doc RE: SD 04-08918 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 Evora Road for Parcels 099-160-015, -019, -020, -025, -028, -029, described in Exhibit "A": 1. All existing utility distribution facilities along the north side of the Evora Road frontage shall be placed underground. 2. Submit improvement plans to the Public Works Department,Engineering Services Division,for review; pay an inspection and plan review 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. Evora 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 1/18t" of the costs. LS:vz G:\EngSvc\Laurie\2006\June\SD 0408918 EXHIBIT-B.doc STATE OF COUNTY OF C6 IAL � On �(� — U� before me, ►`. (Name of Notary Pulfw personally appeared L''e�V"— personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(S whose name(s)�i /afe-subscribed to the within instrument and acknowledged to me that he/semexecuted the same in his/hegtbeir authorized capacity(ies}; and that by.his/hex/-their signature(s)on the instrument the person(s�, or the entity upon behalf of which the person(§\) acted, executed the instrument. WITNESS my han and fficial seal. KAREN L.ZOOK Commission#1594708 Notary Pubilc-CalBornla (Signature of Notary Pu lic) My Comm. costa co 00 Comm.Expires Aug 20,24 (This area for notarial seal) (notary)(07-02) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa SS. Zy s> On July 14, 2006 , before me, Christine J. Mazzera, Notary Public Date personally appeared David B. Sanson Name(s) of Signer(s) f� <?.?Cpersonally 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 y 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 s` instrument. WITNLSS=,my hand and off�ial seal. IS Signatur f Not Public % t 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 2 Description of Attached Document ' Title or Type of Document: Deferred Improvement Agreement t: �< x <' Document Date: Number of Pages: 4 r2 ?? Signer(s)Other Than Named Above:Steven P.Thomas, Maurice M. Shiu,Victor J.Westman t �? Capacity(ies)Claimed by Signer r? ' Signer's Name: David B.Sanson ;? [X]Corporate Office—Title(s): President [ ]Partner—[ ]Limited[ ]General [ ]Attomey in Fact [,]Trustee [ ]Guardian or Conservator. [ ]Other: Signer is representing: Thomas/DeNova, LLC.