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Home My WebLink AboutMINUTES - 07222008 - C.15 C SE ` TO: BOARD OF SUPERVISORS Contra t'�°��y �--`=��' ..... .... FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR �I Costa 7 htdA.ry `��7 DATE: Jul 0 — y 22 2008 -= County SUBJECT: Approve Deferred Improvement Agreement for Minor Subdivision 06-00014, Alamo area. (District III) SPECIFICREQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ -4/46 Approving Deferred- Improvement Agreement along Las Quebradas Lane, Minor Subdivision 06-00014, for project being developed by Robert L. and Paula J. McAdam, as recommended by the Public Works Director, Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Condition of Approval No. 29 allows for deferment of frontage improvements along Las Quebradas Lane. CONSEOUENCES OF NEGATIVE ACTION: The Deferred Improvement Agreement will not be recorded. Continued on Attachment: SIGNATURE:. V`� _RECOMMENDATION OF COUNTY ADMINISTRATOR "ECOMMENDATION OF BOARD COMMITTEE YS APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON 7e M0,27 APPROVED A9 RECOMMENDED OTHER 1 I hereby certify that this is a true and correct vo OF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT /F f ��) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: IiS:jc G:\EngSvc\BO\2008\07-22\MS 06-00014 BO-12 FORM.docx Originator: Public Works(ES) Contact: J.faRocque(313-2315) ATTESTED: Recording to be completed by Placer Title,Special Projects JOIN CUL N, erk of the Board of 1981 N.Broadway,#100 Walnut Creek,CA 94596 Supervisors and County Administrator Attn:Jan Martin cc: Current Planning,Community Development Robert L.and Paula J.McAdam 1581 Litina Dr. Alamo,CA 94507 By , Deputy Placer Title-Special Projects 1981 N.Broadway,#100 Walnut Creek,CA 94596 / Attn:Jan Martin Recorded at the request of: Contra Costa County Board ol'Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008 by the following vote: AYES: - - GIOIA, UILKEMA, AND GLOVER NOES: NONE ABSENT: SUPERVISORS PIEPHO, AND BONILLA ABSTAIN: NONE RESOLUTION NO. 2008/\O'/6 SUBJECT: Approving Deferred Improvement Agreement along. Las Quebradas Lane for Minor Subdivision 06-00014, (APN 193-080-014), for project being developed by Robert L. and Paula J. McAdam, . as recommended by the Public Works Director, Alamo area. (District III) The Public Works Director has recommended that she be authorized to execute a Deferred Improvement Agreement with Robert L. and Paula J. McAdam, as required by the Conditions of Approval for Minor Subdivision 06-00014. This agreement would permit the deferment of construction of permanent improvements along Las Quebradas Lane in the Alamo area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I-IS:jc I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2008\07-22\MS 06-00014 BO-12 FORM.docx action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown Contact: J.la Rocque(313-2315) Recording to be completed by Placer Title,Special Projects 1981 N.Broadway,#loo ATTESTED: .900 Walnut Creek,CA 94596 JOHN CULLEN, ler f the Board of Supervisors and Attn:Jan Martin cc: Current Planning,Community Development County Administrator Robert L.and Paula J.McAdam 1581 Litina Dr. Alamo,CA 94507 By , Deputy Placer Title-Special Projects 1981 N.Broadway,N100 Walnut Creek,CA 94596 Attn:Jan Martin RESOLUTION NO. 2008/ �� 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: Alamo Road: Las Ouebradas Lane Co.Road No: 4437BK Project: MS 06-00014 APN: 193-080-014 DEFERRED IMPROVEMENT AGREEMENT (Project: MS 06-00014) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) r,r ftr-ieeS =--, Public Works Director Ju/;a R. 8 '-ueruv By: r - 0-7 (signature) '�-� ' eta e RE O1vIMENDED FOR APPROVAL: l By: (signature). Engineering Se es 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) I Z3� 1. PARTIES. Effective on i 1 0`7 the County of Contra Costa, hereinafter referred to as "County"and b 'Y VA mi,9Am 4' 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of l.! County of _ a X77,. &,S-TA- i On4 �'a,2iD7 before me,_ 41ee •T�rzi � 1,C� .�! Date Name and Title of licer(e.g.,"Ja.a Doe,Notary Public") personally appeared tye nU r� Name(s)of Signer(s) . Z•'II [._J personally known to me-OR-Cnoved to me on the basis of satisfactory evidence to be the person(s) whose name(s);9/are subscribed to the within instrument ; and acknowledged to me that I e/site/they executed the ' samein his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), LENORE E.GREEN or the entity upon behalf of which the person(s) acted, Commission# 1629431 executed the instrument. z14. .1MyCoMrn.EXp`1reSDeC Notary PublIC-Callfornia > Z Contra Costa County 13,2009 WITNESS my hand and official seal. O� S n ure of N tary Public I'> Ihh, OPTIONAL 2� Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 5 fraudulent removal and reattachment of this form to another document. �II Description of Attached Document ?� Title or Type of Document: G ei ,,7xl G Q . Document Date: Number of Pages: Signer(s) Other Than Named Above: r Capacity(ies) Claimed by Signer(s) 6 Signer's Name: igner's Name: Individual ❑ Individual 0 Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—C Limited - General Partner—=1 Limited C General ❑ Attorney-in-Fact ❑ Attorney-in-Fact F-1 Trustee ❑ Trustee _ Guardian or Conservator 011 - =i .Guardian or Conservator - , 0 Other: Top of thu ib here ❑ Other: lop of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Minor Subdivision 06-00014 (De,.No.reference) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows:. All of Parcels A and.B shown on the Parcel Map of Minor Subdivision MS 06-00014,on file at the County Recorder's Office as follows: . . Date: Book: Page: JD:mw G:\GrpData\ErrgSvc\Fomis\EXHIBITS WORD\EXHIBI?-A.doc RE: MS 06-00014 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 Las Quebradas Lane for Parcels A and B, described in Exhibit "A": 1. Approximately 230 linear feet of curb,face of curb located 10 feet from the right of way line. 2. Approximately 230 linear feet of 5-foot sidewalk,width measured from curb face, built monolithic with the curb. 3. Approximately 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 construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Las Quebradas 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 equal share of the costs. :111W G:\GrpData\E11gSvc\Fomes\EXHIBITS WORD\EXHIBIT-B.doc . Rev.November 9,'007