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Home My WebLink AboutMINUTES - 10281997 - C9 CONTRA COSTA Co Recorder's Office Recorded at the request of: STEPHEN L. WEIR, County Recorder Contra Costa County Return to: DOC - 197-02-13317-00 Public Works Department Friday, OCT 31, 1997 10:44:42 Engineering Services FRE $0.00 Ttl Pd $0.00 Nbr-0000221281 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, DeSaulnier NOES: None ABSENT: None ABSTAIN:None RESOLUTION NO.: q7 S_j SUBJECT: Approving Deferred Improvement Agreement along Pacheco Boulevard for LUP 2060-95 (APN 161-010-020), Pacheco area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Robert Gibson, as required by the Conditions of Approval for Land Use Permit 2060-95. This agreement would permit the deferment of construction of permanent improvements along Pacheco Boulevard which is located in the Pacheco area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. ,ribq any Man NOW b *w Me aomat er RL:NL:mw M wr/on down wnd � on montMwrN G:\ENGSVC\BO\13010-28.WPD amd a 8LFMV1M9 on 00 date SWM. Originator:Public Works(ES) PHfI BATCHELOR,Cfe of the bow Contact: Rich Lierly(313-2348) W 8upervlaaw and County AdmlM bow cc: Recorder(via Clerk)then PW Records y �� aL Oomph Recorded at the request of.- Contra fContra Costa County Public Works Department Return to: Public Works Department Engineering Services Division Area: Pacheco Road: Pacheco Boulevard Co.Road No: 3951C Project: LLP 2060.95 Assess6r's No: 161-010-020 DEFERRED IMPROVEMENT AGREEMENT (Project: LUP 2060-95) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford, Public Works Director .moi v � ' By; 9E R ert Gibson RECOMMENDED FOR APPROVAL: By: Eng6Ag ervices 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 S313.) (see attached notary) ,�y� 1. �ART�S. Effective on 1�7`T 7 the County of Contra Costa,hereinafter referred to as"County"and Robert Gibson hereinafter referred to as"Owner"mutually agree and promise as follows: T. PURPOSE. Owner desires to develop the property described in Exhibit"A"attacked 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 UTrEREST. 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 panel,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. 4. STREET AND DRAINAGE IMPROVEMENTS: A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manner set forth in this agreement. The deferred improvements required by County Department of Public Works are generally described on Exhibit"B"attached hereto. Each of said improvements relate to the use,repair,maintenance or improvement of,or payment of taxes,special assessments or fees on,the property described in Exhibit"A". CALIFORNIA�A3LL-PURPOSE ACKNOWLEDGEMENT State of c e �, �nrnria OPTIONAL SECTION County Of re:,�-rn t 7's Ar, CAPACITY CLAIMED BY SIGNER On9/96/7beforeme,/Qel,�rc� /�r,e//Pr A/Cf�rif ��6�'L Though statute does not require the Notary to WME,T DATE IT[�F OFFICER E.G.,-.ANt Wt.NOTARY PUBLIU- 7-- fill in the data below,doing so may prove In- 7 1 valuable to persons relying on the document. personally appeared has I 0 INDIVIDUAL ❑CORPORATE OFFICER(S) personally known to me-OR-O provided to me on the basis of satisfactory evidence to TITLE(S) be the person(s)whose name(s)is/are subscribed to the within instrument and ❑PARTNER(S) t7 LIMITED acknowledged to me that he/she/they ❑GENERAL executed the same in his/her/their ❑ATTORNEY-IN-FACT @My REBECCA L, MUELLER authorized capacity(ies),and that by ❑TRUSTEE(S) «a.. COMM. 1110989 O his/her/their signature(s)on the ❑GUARDIAN/CONSERVATOR m instrument the person(s)or the entity NOTARYPUBLIC-CALIFORNIA 'ti 0 OTHER: CONTRA COSTA COUNTY upon behalf of which the persons) Comm.Expires Sept.11 2000 It acted,executed the instrument. WITNESS my.hand and official seal, SIGNER IS REPRESENTING: 'NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE Tnagh da.aar.ewo.,�nol�b eT�, 4o prow v c""m pwsor"duwd on tlr docarnwl rrd could pawl krrudrwp rrmchmM o/Mia lorrn. 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. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. 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. Ill. 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. IV. 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 jc Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer 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". evised 7/84 Rg ten 'cWnslnotary.new RE: LUP 2060-95 APN 161-010-020 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: Being all of that property granted from Kirk Jennings et ux to Robert T. Gibson, an unmarried man, by Grant Deed, in records of said County. Recorded Date: June 20, 1995 Series No.: 95-096342 NL:mw G:\ENGS V C\NEII,WUGUS*rTMO6095.W PD RE: LUP 2060-95 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 Pacheco Boulevard for the Parcel described in Exhibit "A": 1. Approximately 30 linear meters (100 linear feet) of curb, face of curb located 3 meters (10 feet) from the right of way line. . 2. Approximately 30 linear meters(100 linear feet)of 2.0 meters(6-foot 6-inch) sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 140 square meters(1500 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. 8. Driveway access gates shall be located 6.1 meters minimum from the face of curb. 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. Pacheco Boulevard 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 owner of the parcel described in Exhibit"A" shall pay 100 percent of the costs. Nt:m G:\ENGSVCV-MIL\AUGUSr4ly2OW95.WPD