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Home My WebLink AboutMINUTES - 10071997 - C5 CONTRA COSTA Co Recorder's Office STEPHEN L. WEIR, County Recorder Recorded at the request of: DOC - 97-03_99441-00 Contra Costa County Wednesday, OCT 15, 1997 10:56:51 Return to: FRE $0.00ii Public Works Department Ttl Pd $0.00 Nbr-0000205190 Engineering Services lrc/R9/1-6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 7, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Canciamilla, DeSaulnier NOES: None ABSENT: Supervisor Gerber ABSTAIN: None RESOLUTION NO.: 97/520 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA Deferred Improvement LUP 2095-91 Donald & Carol Flaner Walnut Creek Agreement la>raly aedy Qua M trns atld oonret of 111 Ballon taken a1W enbrod on tM mktuM W tl» RL:mw DMd of OWWASM �C.1 date Bslw�e2�� G:�ENGSVC� O�bo10-7.wpd r 0 i y PHIL BATCHELOR,Clerk 6 the board Originator: Public Works(ES) d SupwMa and County Admin Contact: Rich Lierly(313-2348) cc: Recorder(via Clerk)then PW Records Current Planin&Community Development Recorded at the request of: CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION Area:Walnut Creek Road:Northgate Road Co.Road No:4461-C Project:LUP 2095-91 Assessor's No: 138-180-003 Space above for exclusive use of Recorder. DEFERRED RVIPROVEM ENT AGREEMENT (Project: LUP 2095-91) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford Public Works Director Donald E. Flaner L' RECOMM ND OR APPROVAL: By: g Services Division Carol L. Flaner FORM ROVED: Victor J. Westman, County Counsel (NOTE: this document is to be acknowledged with signatures as they SEE ATTACHED FOR PROPER appear on deed of title. If Owner is incorporated,signatures must conform CALIFORNIA NOTARY with the designated representative groups pursuant to Corporations Code ACKNOWLEDGEMENT 5313.) (see attached notary) 1. PARTIES. Effective on the County of Contra Costa,hereinafter referred to as"County"and Donald E. Flaner and Carol L. Flaner hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property he owns as 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. AGREIIvIENT 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. ES -LUP 2095-91 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described in the deed from Rhonda Williams to Donald E.Flaner, Jr. and Carol L. Flaner recorded on October 7, 1991 in book 1692 page 671 on file at the County Recorder's Office. r NL:mw gknpvc\nei1Vp209591.t 1 ES -LUP 2095-91 EXHIBIT 'B" 114PROVEMENTS Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-referenced development are located along Northgate Road for the Parcel described in Exhibit "A": 1. Approximately 184 linear feet of asphalt concrete berm, with the face of berm located 16 feet from the right of way line. 2. Approximately 184 linear feet of 5-foot asphalt concrete pedestrian path, width measured from berm face, built monolithic with the AC berm. 3. Approximately 1,100 square feet of street paving to pave between the existing pavement and the asphalt concrete berm. Pave the Northgate Road driveway from the edge of pavement of Northgate Road to the ultimate right of way line. 4. Necessary longitudinal and transverse drainage. The culvert under the driveway shall be analyzed to determine if it is designed for ultimate drainage from the watershed, and if inadequate replaced with a culvert of adequate size, depth, and slope. Further, verify the adequacy of the downstream ditch system and construct any necessary improvements to make this system adequate. 5. Temporary conforms for paving and drainage as may be necessary at the time of construction. 6. 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. Northgate 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 the parcel described in Exhibit"A" shall pay 100% of the costs. Mim gAanZ=\neiNp209591.t1 . t State of California. Countyof............ .................................................................... On....�.jl?J9.9......before me,......... fl,n.N.:p..Im . ................................... personally appeared...........��. c�.L ......... ��.n. x:...q.,. a.a...1�... .lG�n .r., 0-A, personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed in 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. YVONNE COOPER VaTNESS my hand and official seal.`' COMM.#1011359 Z '- :dl.T� Notary Public— California, CONTRA COSTA COUNTY My Comm.Expires DEC 16,1997 ................................................ . ...... . ...... ..................................:... Notary b 'c in and for said Sta e This document is only a general form which may be proper for use in simple transactions and in no way acts, or is intended to act as a substitute for the advice of an attorney. The printer does not make any warranty, either expressed of implied, as to the legal validity of any provision or the suitability of these forms in any specific transaction. Cowdery's Form No. IOG-ACKNOWLEGEMENT General (Civil Code 1189(a))(Revised 7/1/94)