HomeMy WebLinkAboutMINUTES - 10281997 - C10 CONTRA COSTA Co Recorder's Office
STEPBEN L. WEIR, County Recorder
Recorded at the request of:
Contra Costa County DOC - S07-02-1331E;-00
Returnto: Friday, OCT 31, 1997 10:44:54
Public Works Department FRE $0.00
Engineering Services
Ttl Pd $0.00 Nbr-0000221282
lrc/R9/1-6
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 28, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla,.--_DeSiulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/582
SUBJECT: Approving Deferred Improvement Agreement along State Highway 4 for DP 3007-96
(APN 051-220-034 & 053), Oakley area.
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Carl Karcher Enterprises, Inc., as required by the Conditions of
Approval for Development Permit 3007-96. This agreement would permit the deferment of
construction of permanent improvements along State Highway 4 which is located in the Oakley area.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director
is APPROVED.
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PHIL BATCHELOR,Clerk ol the board
Originator.Public Works(ES) d Suparvbora arw County Adminlatrata
Contact: Rich Lierly(313-2348)
cc: Recorder(via Clerk)then PW Records a' �
Recorded at the request of..
Contra Costa County
Public Works Department
Return to:
Public Works Department
Engineering Services
Area: Oakley
Road: State Highway 4
Co.Road No: N/A
Project: DP 3007-96
Assessor's No: 051-220-039,053
Space above for exclusive use of Recorder.
DEFERRED IMPROVEMENT AGREEMENT
(Project: DP 3007-96)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
J. Michael Walford, Public Works irector Carl Karcher Enterprises, Inc.
By: AkAA
gr'"°) Robert Wise
RECOMMENDED FOR APPROVAL. Vi ce P es i nt, Marketing
ZBy: ca
Engi rvices Division (Print N am) o
Sr. Vice President, General Counsel
FORM APPROVED: Victor J. Westman, County Counsel
(NOM: this document is to be acknowledged with sippatures as they appear on deed of title.
If Owner is incorporated,signauues must conform with the designated representative groups
pursuant to Corporations Code 5313.)
(see attached notary)
1. PARTIES. Effective on September 15. 1997 the County of Contra Costa,hereinafter referred to as
'County"and Carl Karcher Enterprises,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 W.All the terns,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.
CAL!FORNIAA��LL��-PURPOSE ACKNOWLEDGEMENT
State of Ca 140 rh 1e, OPTIONAL SECTION
County of OyariC t CAPACITY CLAIMED BY SIGNER
On before me, ' Though statute does not require the Notary to
DATE OFFICER EG..'SERO,NOTARY t�LI [ D� [/ /G fill in the data below,doing so may prove in-
valuable to persons relying on the document.
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N N i 13 INDIVIDUAL
'CORPORATE OFFICER(S) `
personally known to me-OR ry STS Ui"rt
�Y�StltlFh�S
evidence to Tint(s)
be the person(s)whose name(s)Ware
subscribed to the within instrument and ❑PARTNER(S) ❑LIMITED
acknowledged to me that hefahe/they ❑GENERAL
WMN 0.RICE executed the same in hisi4er/their ❑ATTORNEY-IN-FACT
cortmrnh3oni-6W authorized capacity(ies),and that by ❑TRUSTEE(S)
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rypl1ililk—Cdhfornia his. ttheir signature(s)on the O GUARDIAN/CONSERVATOR
Orange Couroy instrument the person(s)or the entity ❑OTHER:
Comm.Expires Nav 11,1999 upon behalf of which the person(s)
acted,executed the instrument.
WITNESS my hand and fficial seal, SIGNER IS REPRESENTING:
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MME OF PERSON(S)OR ENTITY(IES)
a � tom( Karcl'iev �ri�'ernrifes, 11rc.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED t^
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT Deg G�rr te,h YOU, %e f}yYeemP
NUMBER OF PAGES I DATE OF DOCUMENT q"15'_ j SIGNER(S)OTHER
THAN NAMED ABOVE
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INSTRUCTIONS 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. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must a signe exactly as it is typed or printed.
ll. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have
e authority to sign for an in t e partnership.
N. SIGNATURES FOR CORPORATIONS
Documents should a signed y two officers,one from each of the following two groups:
GROUP 1. a The Chair of the Board
b The President
cAny Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
d 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 signing the instrument to execute instruments of the type in question is required. A
currently valid power of attorney, notarized,will suffice.
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".
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Revised 7194
RE: DP 3007-96
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described as follows:
All of Parcel B as shown on Minor Subdivision 53-84 as recorded on February 28, 1985, in Book 114 of
Parcel Maps, Page 48, on file at the County Recorder's Office.
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RE: DP 3007-96
EXHIBIT"B"
IMPROVEMENTS
The owner of Parcel B will be exonerated from the responsibility of the improvements described in Exhibit B of the DIA for
Minor Subdivision 53-84(as recorded on February 28, 1985,in Book 12205 of Official Records,page 117 on file at the County
Recorder's Office)upon completion of the improvements listed below.
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 State Highway 4 for Parcel B,described in Exhibit
"All:
1. Approximately 72 linear meters(236 linear feet)of curb, face of curb,located 3 meters (10 feet)from the right of way
line.
2. Approximately 72 linear meters(236 linear feet)of 2.0 meters (6-foot)sidewalk,width measured from curb face,built
monolithic with the curb.
3. Approximately 520 square meters (5,600 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. Border landscaping and irrigation. Submit landscape plans to the Public Works Department Special Districts section
for review,pay an inspection and plan review fee.
7. Temporary conforms for paving and drainage as may be necessary at the time of construction.
8. Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an
inspection and plan review fee and applicable lighting fee.
9. The applicant is not responsible for the relocation and reconstruction of the off-ramp and signal at the intersection of
I-160 and Highway 4 adjacent to the project.
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. State Highway 4 is constructed to its ultimate planned width by the County or by an assessment district.
2. Frontage improvements are constructed or scheduled to be installed adjacent to the subject property.
3. Project traffic affects the operation of Highway 4 such that the widening in the opinion of the Public Works Director,
would relieve the intersection congestion.
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 Parcel `B', as described in Exhibit `A', shall pay 100%of the costs.
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