HomeMy WebLinkAboutMINUTES - 12151998 - C16-C21 Recorded at the request of:
Centra Costa County
Public Works Department
Return to:
Public Works Department
Engineering services
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,;CALIFORNIA
Adopted this Order on December 15, 1998,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 981654
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Grant Deed of Subdivision Byron Seventy-Eight Byron
Development Rights MS 914039 (Parcel A)
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
G:�GrpDatalEngsve\B4\t99MB0 12-15.98.doc ATTESTED: - .G�,t..yL ,�
PHIL_BAT HEEL R, Clerk of the Board
Contact:
PublicWorks } of Supervisors and Co nye'Administrator
Ccatacf:Rich Lier3y(3I3�234g} p `f7�
ee: Recorder(via Title Co.)Uses PW Records then Clerk of the Board By rl y GL t Deputy
Current Planning,Community Development
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t �
Recorded at the request o£:
Contra Costa County
Public Works Department
Return to:
Public Works Department
Records Section
Area:Byron
Road:Bixler Road at Highway 4
County Road No.:9163 A
Subdivision:MS 39-91,Parcel"A"
APN:011-220-022
GRANT DEED OF DEVELOPMENT RIGHTS
To meet condition of approval number 12 of Subdivision MS 39-91, Parcel "A", BYRON
SEVENTY-EIGHT,a California General Partnership,(Owner)hereby grants to the County of
Contra Costa, a political subdivision of the State of California (Grantee) and its governmental
successor or successors,the future"development rights,," as defined herein below over a portion of
that real property known as Parcel"A"of Subdivision MS 39-91, situated in the County of Contra
Costa, State of California, and more particularly described in Exhibit A.
"Development rights" are defined to mean and refer to the right to approveor disapprove of any
proposed construction,development or improvement on the property described in Exhibit"A." The
"development rights" are and shall be a form of covenant which shall run with the said property and
shall bind the current owner and any future owners of all or any portion of said property. In the
event of a disapproval of proposed construction by the Grantee or its successor,which approval will
not be withheld if Owner meets the conditions of the deferred improvement agreement under
condition of approval no. 15, for Subdivision MS 39-91 as set forth below, said proposed
construction shall not be performed.
To obtain the release of development rights from the Grantee to the Owner,',the conditions of the
deferred improvement agreement under condition of approval number 15,for Subdivision MS 39-91,
shall be satisfied,completed,constructed or assured by bonding,in accordance with Ordinance Code
Title 9, Ordinance Specifications and Design Standards of Contra Costa County.
The undersigned executed this instrument on }�A � 7i l tDace>.
BYRON SEVENTY-EIGHT,',
a California General Partnership
By:
(Print i+iame), i✓�+?!' ,W,o , General Partner
BJI�o,�
(see attached notary)
1D sm
G'Gc9Data%FngSvcU0SEPt1tan 99%DE39.93.wpd
RE: Subdivision MS 39-91
(Parcel "A")
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcel "A," as shown on the parcel map of Subdivision IVIS 39-91, on file at the
County Recorder's Office as follows:
Date:
Book:
Page:
rD:pe:mw
(;AGrpData\EngSvc'JOSBPHVan 981ms39-91.wpd
e.t&-
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ell
Recorded at the request of:
Contra Costa County
Public Works Department
Return to:
Public Works Department
Engineering Services
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on December 15, 1998,by the following vote:
AYES: Supervisors Uilkena, Gerber, DeSaulnier, CKanciamilla, and Rogers
NOES: Norse
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 98/655
SUBJECT: Approving Deferred Improvement Agreement along Bixler Road for Subdivision MS
910039,Parcel C(APN 011-220-022),Byron area.
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Byron 78, as required by the Conditions of Approval for Subdivision
MS 910039, Parcel C. This agreement would permit the deferment of construction of permanent
improvements along Bixler Road located in the Byron area.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director
is APPROVED.
I hereby certify that this Is a true and correct
copy of an action taken and entered on the
RL:Mmw minutes of the Board of Supervisors on the
G:1GrpData\E"Svc\M1998180 12-1 i-98.doc
date shown. A
Originator:Public Works(ES) ATTESTED:
Contact: Rich Liedy(313-2348)
'HIL BATCHELOR, Clerk of the board
cc: Recorder(via Tide Co.)then PW Records of Supervisors and C99PtyAdministrator
13 �/ Deputy
. ...................................................................................................................................................................
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Recorded at the request of:
Contra Costa County
Return to
Public Works Department
Engineering Services Division
Records Section
Area: Byron
Road: Bixler Road @ Highway 4
Co.Road No: 9163 A
Subdivision: MS 39-91,Parcel"C"
APN: 011-220-022
DEFERRED IMPROVEMENT AGREEMENT
(Subdivision MS 39-91, Parcel"C")
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
J. Michael Walford, Public Works Director BYRON SEVENTY-EIGHT
a California general partnership
By: By:
(PriM Nese) , General Partner
RECOMMENDED FOR APPROVAL: iC
By:
n ' Services Division
FORM APPROVED:
Victor J. Westnlan,County Counsel
(NOTE: this document is to be acknowledged with signatures as they
appear on deed of title. If Owner is incorporated,signatures must con-
form with the designated representative groups pursuant to Cor-
porations Code 5313.)
(see attached notary)
1. PARTIES. Effective on he County of Contra Costa,hereinafter referred to as"County"and BYRON
SEVENTY-EIGHT,a California general partnership,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 contact with such city originally. Any annexing city shall have all rights of a third party beneficiary.
(71,7
State of
oPTK*tAL SecTI?N
County of - CAPAC.`"CLAIMED f3Y SIGNER
on me
etain ft dab t��stymy to
petsM*appeared f�f t t l t,a1 """ varuatiirt to parsons retying on the art.
.�,� a iNOMDUAL
e0d13 dee ce to known to me=CSR« ovlded to me on the basis of saddactory D CORPORATE OFFICER(S)
be the persons)whose names)bare
subs ed to the wihn kvgr meat and II PARTNER(5) C3 UMrMD
A i acknowledged to me that hehheAhey
. *� the same in hiafierAheir C3 GENERAL
�, '� ►�'o+r .: Suftrized caPY( ) and that o f oEt1'#irY-ia-PACT
e' �c►T q `, ' signatur*)on the � � }
pin($)or the entity C3 GUARDIANi CONSERVATOR
t�, `•,•,, `•; C3 OTHER:
u behalf"of which the person(s)
aged,executed the Instrument
.,iOil••......••} V .� VWjWg$4,Qvy hand 1t I
i".la3tllfR
.,til A i iii i .,.✓'. �SilMEol:PS1R.IMSEN TNG:
T141S CERTIFICATE MUST BE ATTACHED OPTIONAL SECTION
TO THE DOCUMENT AT RIGHT T MLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT SIGNER
THAN NAMED ABOVE (S)OTHER
ifrerNwLwYta.Ml+srM•r.YYrf. �
i.�attnrtaitiJ..fiwc,.
iNSTRUCTit3NS TO NbTARv
!. nfollowing
qed n effort trno turt +don ocuments provided compiYtit 1prcc ng of the documents.to be
acoeptable to Contra Coste County.
name mVftnnfl a ee n and interest of the signer should be iype�or
Y typed or printed. 8IH the s#gnaiture. The
il. Al xi I S ''I"he name must be
PI 01m,is must be staled, signed exactly 88 it is printed of typed. The SJgnWS interest in the
'[ R�1 Pam 1XI1 Party
must be a general
ttty sign or an n� pa nersh p. Partrter or be authorized in writing to have
en sou w4n oars,one from each of the following two groups.
GROUP 1. a The Chair of the Board
The President
GROUP 2. a
Any
SctVice-President M
b An Assistant.Secreta
c The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear
Board of Directors authorizing the person signing the oups do n#to a the of>t a lifted copy of a resolution of the
Putrently valid power of attorney,notarized,will suffice. type in question required. A
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e17
RE: Subdivision MS 39-91
(Parcel "C")
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcel "C," as shown on the parcel map of Subdivision MS j39-91, on file at the
County Recorder's Office as follows:
Date:
Book:
Page:
/v h
Mpe:mw d r
G:\GrpDatatEngSvcUQSEPHUan981ms39-91.%,pd
................................................ ........................I..,...... ....... ......I........... ............
Subdivision MS 39-91
(Parcel Q
I oft
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
Bixler Road, for Subdivision MS 39-91,Parcel C,described in Exhibit"A"and Parcel D, described in
Exhibit"C":
Prior to release of the grant deed of development rights by the County for Parcel C,Owner shall satisfy,
complete, construct or bond the following improvements in accordance with Contra Costa County
Ordinance Code Title 9,County Ordinance Specifications and Design Standards:
A. Construct curb,six-foot sidewalk(width measured from curb face),necessary longitudinal and
transverse drainage, pavement widening and left turn lanes for each project access along the
Parcel C frontage. The face of curb shall be 40-feet from the centerline of Bixler Road.
B. Construct necessary longitudinal and transverse drainage, and pavement widening along the
frontage of Parcel D. The pavement width shall be 32-feet minimum.
C. Underground all utility distribution facilities,including the existing distribution facilities along
the Bixler Road frontage of Parcel C only.
D. Install street lights along the Parcel C frontage of Bixler Road only.
E. Furnish proof to Public Works of the acquisition of all necessary rights of entry,permits and/or
easements for the construction of off-site, temporary or permanent road and drainage
improvements.
F. Submit improvement plans prepared by a registered civil engineer,pay review and inspection
fees, and provide security for all improvements required by the Ordinance Code or the
conditions of approval for this subdivision. These plans shall include any necessary traffic
signage and striping plans for review by the Public Works Department.
G. Provide adequate comer sight distance based on a design speed of 55 miles per hour at the
project entrances on Bixler Road, in accordance with Caltrans standards.
H. Submit landscaping plans to Public Works and pay the plan review and inspection fees. All
landscaping and irrigation facilities shall be maintained by the applicant until funds become
available for their maintenance by the County after final inspection.
1. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County
Area of Benefits and the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area
of Benefit as adopted by the Board of Supervisors.
J. If warranted,build a signal at the intersection of State Highway 4 and Bixler Road. If signal is
not warranted,contribute 7%of the cost of the signal to a Road Improvement Fee Trust(Fund
No. 819200-0800).The interconnect between Bixler Road and Discovery Bay Boulevard shall
be included in the cost of the signal.
....................................................................I...................................................................................................
. . .. .. .................................................................................
Subdivision MS 39-91
(Parcel C)
2 of 2
EXHIBIT "B"
K. Comply with the drainage fee requirements for Drainage Area 109 as adopted by the Board of
Supervisors.
SUPPLEMENTARY REQUIREMENTS
A. Any necessary relocation of utility facilities shall be the responsibility of Owner or Owner's
agent,for such utility facilities which serve Parcel C and are required to be relocated as part of
improving the frontage of Parcel C.
B. Construction of the above deferred improvements shall begin as outlined in Item 4B of the
agreement or when Bixler Road is constructed to ultimate planned width by the County or by
an assessment district, provided that Owner shall be compelled to share in the cost of the
constructed improvements only at such time as Owner has applied for and received a building
permit for Parcel C or an assessment district has been formed by the County for purposes of the
planning, installation and construction of the improvements,whichever first occurs.
C. The Land described in Exhibit"A"lies within the 100-year flood boundary as designated on the
Federal Emergency Agency Flood Rate Maps.The requirements of the Federal Flood Insurance
Program and the County Flood Plain Management Ordinance pertain to future construction of
any structures on this property.
D. 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 Parcel C shall pay all of the costs.
ID:mw:fp
GAGrpData\EngSv,-1J0SEPH\March MEWARCEL C 39-91 wpd
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Recorded at the request of:
Contra Costa County
Public Works Department
Return to:
Public Works Department
Engineering Services
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adapted this Order on December 15, 1998,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 98/656
SUBJECT: Approving Deferred Improvement Agreement along Bixler Road and Highway 4 for
Subdivision MS 914039,Parcel B (APN 011-220-022),Byron area.
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Byron 78, as required by the Conditions of Approval for Subdivision
MS 910039, Parcel B. This agreement would permit the deferment of construction of permanent
improvements along Bixler Road and State Highway 4,which are located in the Byron area.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director
is APPROVED.
C hereby certify that this is a true and correct
copy of an action taken and entered on the
RL:]D:mw minutes of the Board l of Supervisors on the
GAGrpData\EngSve18011998\9012-15-98.doc date shown,
Originator:Public Works(ES) ATTESTED:
Contact: Rich Lierly(313-2348) PHIL BATCHELOR, Clerk of the Board
cc: Recorder(via Tide Co.)then PW Records of Supervisors and Coun Administrator
By24 , tom.._Deputy
.......................................................................................................I..........'' '',...
. . ...............................................................................................................................................................................................
Recorded at the request of.
Contra Costa County
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Byron
Road: Bixter Road @ Highway 4
Co.Road No: 9163 A
Subdivision: MS 39-91,Parcel"B"
APN: 011-220-022
DEFERRED IMPROVEMENT AGREEMENT
(Subdivision MS 39-91,Parcel "B")
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
J. Michael Walford,Public Works Director BYRON SEVENTY-EIGHT
a California general partnership
By: By:
(Mnt Nam)AVA;Q VV X. �, General Partner
RECOMMENDED FOR APPROVAL:
By:
Services 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 con-
form with the designated representative groups pursuant to Cor-
porations Code S313.)
(see attached notary)
i. PARTIES. Effective on R?jL?- the County of Contra Costa,hereinafter referred to as"County"and BYRON
SEVENTY-EIGHT,a California general partnership,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 contact with such city originally. Any annexing city shall have all rights of a third party beneficiary.
................................
• FtJRNtA ALL• lfRt�t?SE •-` !
State of
County
OPTIONAL SecTIOI4
of_..��"�'��. CAPAC['!'Y GtAtMiD SY StGNEtt
o+�n desbefore
fGtG-- Th dwsrx*ftq
Pelson*appeared ,�• vaksabW to peter#w an tileto �L
0 INDIVIDUAL
pevid tperson*known to me-OR-t i'r ovided to me on the basis of satmactory D CORPORATE OFFICERS)
be the person(s)whose name(s)Ware
sub 8albed to the within inssrument and0 PARNETR(S) D LIMITED
•t5,+s,F+tuft.:t,f y
acknowledged to me that h
,a�x.e1�tc.�uted the same in h'ssJ4WAtih,,e�ir C3 0ENERAL
'�*tMM
t`�•�'�"ri ovu caked capaci WS),and that d �Ot.tit` `it�' A�iT
OTA ._ , ini tllttent the�p�)or the en 0 ��
on the
�l ?'ar D OTuM. ERVATOR
..,,» +.►* upon behatf of which the person(s) D OTHER
• ,K U t yC acts exmited the Instrument
","•. rY
........ '` •` VVffNEmyhanddand
tS pJaVE�sENTM .
W l4�{' JURE
THIS CERTIFICATE MUST BE ATTACHED OPTIONAL SECTION
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
•ter++:w car •"w''w'a•,• T1HAN NAMEO A8OVE SIGNERS)OTHER
wttaw..
dNSTRUCTiC> iS Tt7 tai{?TARY
The foil IIforrnatian is provided in an effort to e e
Signatures r i)Mng of the documents.
squired on dOcxtments ml cgmpdyv ttlet"cttcvvir to be acceptable to Contra Carta County.
i` 'i'rie horns and Interest of the
I rn �neoxWeay as itis signer should be typed or Witted typed or printed. the signature, The
�. �iGhiATt}RES d=t7R iNDtltti�t t t S The name must be
F—Wi';MUS De sit signed exacay as it is pl9rlted or typed, The signet's kderee in the
did+ � I=��a PAFt't`t�I�rxcr+�rrsS.
VO aumOt y n Or a 8 partrSerra p midst be Ofther a 98nerai•p ets cr be sUthorized in wddng to have
IV. SIGN RES R N
Do Ou + +one from each Of the faitOwing two groups;
GROUP'i,. a The Chair of the Board
The President
GROUP2, a Any Vr 'resident r
The Secretary
b An As. stant Searetatyr
c The Chief Financial Officer
The int Treasurer
if signatures of Officers from each of the above two groctppss c#b not a
Board oft rectOra authorizing the psr 81911-*V the=do
to executppear e irlstruthe rn mof�e certified coppyy Of a resolution Of the
currently valid power of attorney,natartzed,viii suffice. type in ques6On is required. A
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Gil
Subdivision MS 39-91
(Parcel B)
I of
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
Bixler Road and State Highway 4, for Subdivision MS 39-91, Parcel B,described in Exhibit "A":
Prior to release of the grant deed of development rights by the County for Parcel B, Owner shall
construct or bond the following improvements in accordance with Contra Costa County Ordinance Code
Title 9, County Ordinance Specifications and Design Standards:
A. Bixler Road:
I Construct curb, six-foot sidewalk (width measured from curb face), necessary
longitudinal and transverse drainage,pavement widening and left turn lanes, for each
appropriate project access along the frontage of Parcel A(if not already constructed)and
Parcel B. The face of curb shall be 40-feet from the centerline of Bixler Road.
2. Construct a half width median island (including surface treatment, landscaping and
irrigation)along the frontage of Parcel A(if not already constructed)and Parcel B.If the
median improvements cannot be constructed at the intended time with Parcel B, Owner
shall contribute the estimated cost of the work to a road improvement fee trust(Fund
No. 819200-0800)designated for road improvements to Bixler Road.
3. Construct right-turn deceleration lanes on northbound Bixler Road at the approaches to
the commercial site accesses.
4. Provide bus turnouts and dedicate rights of way for bus turnouts and shelters at locations
designated by the Tri-Delta Transit Authority,subject to the review of the Public Works
Department and the approval of the Community Development Department. Proposed
bus shelter placement shall be clear of the sidewalk area. Provide pedestrian access
between the project site and the bus stop.
B. State Highway 4:
I. Construct curb, necessary longitudinal and transverse drainage, necessary pavement
widening to accommodate two eastbound lanes,two westbound lanes,a right turn lane
onto BixIer Road, a left turn lane and an additional deceleration lane for right turn
project ingress along the frontage of Parcel A(if not already constructed)and Parcel B.
The face of curb shall be 45-feet from the ultimate centerline of State Highway 4,except
in the vicinity of the right turn lane and the proposed deceleration lanes.
2. Construct a half median island(including surface treatment,landscaping and irrigation)
along the State Highway 4 frontage of Parcel A(if not already constructed)and Parcel
B. If the median improvements cannot be constructed at the intended time with Parcel
B,Owner shall contribute the estimated cost of the work to a road improvement fee trust
(Fund No. 819200-0800)designated for road improvements to Bixler Road.
. ......................................................................................................................................................................................................................
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elf
Subdivision MS 39-91
(Parcel B)
2 of 4
EXHIBIT"B"
3. Physically restrict the accesses along Highway 4 to right turn ingress and egress only,
subject to the review of the Public Works Department, and review and approval of
Caltrans. Only two entrances to Highway 4 shall be allowed for this Minor Subdivision,
excluding the maintenance access to Kellogg Creek.
C. Construct a pedestrian trail to the property to the east,at Newport Drive,including a pedestrian
bridge across Kellogg Creek.The design and location of the pedestrian trail shall be subject to
the review of the Public Works Department and the review and approval of the Zoning
Administrator.
1. The project design shall accommodate convenient pedestrian movement for the public
through the project,between Bixler Road and the pedestrian trail,to the Discovery Bay
community.
2. Maintenance of the bridge and trail west of the bridge shall be Owner's responsibility
until responsibility for maintenance is assumed by the appropriate lighting and
landscaping district.
3. Maintenance of the trail east of the bridge shall be by County Service Area M-8.
4. Owner shall work with the Discovery Bay community, such as the Discovery Bay
Municipal Advisory Council and the property owner to the east,on the location of the
pedestrian connection to the Discovery Bay community, east of Kellogg Creek, and
coordinate with the State and Federal regulatory agencies on routing the pedestrian trail
between Parcel B and Kellogg Creek.
5. If,at the time of issuance of building permits for Parcels B or C,whichever is later, or
10 years after the fling of the Parcel Map, whichever is latest,property rights or an
easement for the trail on the east side of Kellogg Creek cannot be obtained and the
Discovery Bay Municipal Advisory Council has not identified a feasible trail route,then
the Board of Supervisors may waive the requirement to construct the trail and the
bridge. The pedestrian path shall not be located along Highway 4 unless the issue is
returned to the Board of Supervisors for approval prior to the end of the period described
above.
D. Provide at least 15 additional parking spaces more than those required for the retail center to
provide a park-and-ride lot near the State Highway 4/Bixler Road intersection, subject to the
review of Caltrans and the Public Works Department and the approval of the Community
Development Department.
E. Provide for adequate truck turning movements at the service road driveway connections for the
proposed commercial area.
F. Underground all utility distribution facilities,including the existing distribution facilities along
Highway 4 and Bixler Road frontages of Parcel B.
r
elf
RE: Subdivision MS 39-91
(Parcel "B")
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 the parcel map of Subdivision MS 39-91, on file at the
County Recorder's Office as follows:
Date:
Book:
Page:
_I'zf.Z
JD:pe:mWl�/G�� {�1
0AGrpD9aTAgSvcV0SEPHVan 98\nks39-91.wpd 7
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Subdivision MS 39-91
(Parcel B)
3 of 4
EXHIBIT"B"
G. Install street lights along Bixler Road and Highway 4 frontages of Parcel B.
H. Furnish proof to the Public Works Department,of the acquisition of all necessary rights of entry,
permits and/or easements for the construction of off-site, temporary or permanent, road and
drainage improvements.
I. Submit improvement plans prepared by a registered civil engineer,pay review and inspection
fees, and provide security for all improvements required by the Ordinance Code or the
conditions of approval for this subdivision. These plans shall includeany necessary traffic
signage and striping plans for review by the Public Works Department.'
J. Provide adequate corner sight distances based on design speeds of 55 miles per hour at the
project entrances on Bixler Road and 65 miles per hour at the project entrances on Highway 4,
in accordance with Caltrans standards.
K. Submit landscaping pians to Public Works and pay the plan review and inspection fees. All
landscaping and irrigation facilities shall be maintained by the applicant until funds become
available for their maintenance by the County after final inspection.
L. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County
Area of Benefit and the Eastern Contra Costa Subregional Transportation Mitigation Fee Area
of Benefit as adapted by the Board of Supervisors.
M. Obtain an encroachment permit from Caltrans for construction within the State right of way.
N. If'warranted,build a signal at the intersection of State Highway 4 and Bixler Road. If signal is
not warranted,contribute 13%of the cost of the signal to a road improvement fee trust(Fund
No. 819200-0800).The interconnect between Bixler Road and Discovery Bay Boulevard shall
be included in the cost of the signal.
O. Provide adequate on-site parking facilities for construction workers so they will not park on
State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site
via Bixler Road,not State Highway 4.
P. Reimburse Centex Homes,a Nevada General Partnership, for any road improvements along the
frontages of State Highway 4 and Bixler Road of Subdivision MS 39-91,Parcel B,constructed
at Centex Homes' expense.
Q. Comply with the drainage fee requirements for Drainage Area 109 as adopted by the Board of
Supervisors.
_....._. ......... ......... ......... ......... ......... .........
........ .._........... ......... ......... ......... .._...... ......... ......... ......... ......... .........._._.
_ _. _. ...... ......... ......... .........
Subdivision MS 39-91
(Parcel B)
4of4
EXHIBIT "B"
SUPPLEMENTARY REQUIREMENTS
A. Any necessary relocation of utility facilities shall be the responsibility of Owner or Owner's
agent,for such utility facilities which serve Parcel B and are required to be relocated as part of
improving the frontage of Parcel B.
B. Construction of the above deferred improvements shall begin as outlined in Item 4B of the
agreement or when Bixler Road and Highway 4 are constructed to their ultimate planned width
by the County or by an assessment district,provided that Owner shall be compelled to share in
the cost of the constructed improvements only at such time as Owner has applied for and
received a building permit for Parcel B or an assessment district has been formed by the County
for purposes of the planning,installation and construction of the improvements,whichever first
occurs.
C. The land described in Exhibit"A"lies within the 104-year flood boundary as designated on the
Federal Emergency Agency Flood Rates Maps.The requirements of the Federal Flood Insurance
Program and the County Flood Plain Management Ordinance pertain to the future construction
of any structures on this property.
)D:mw
GAGrpData\EnSSvcVOSEPffMarch MEX-PARCEL B 39.91.wpd
.. . . ..............................................................................................................................................................................................................
.........._....__.... .......... .._...... ......... ......._._. ......... ......... ...._.... ......... ....._.._............
'k w
Recorded at the request of:
Contra Costa County
Public Works Department
Return to:
Public Works Department
Engineering Services
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on December 15, 1998,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 98/657
SUBJECT: Approving Deferred Improvement Agreement along Bixler Road and Highway 4 for
Subdivision MS 910039, Parcel A(APN 411-220-022), Byron area.
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Byron 78, as required by the Conditions of Approval for Subdivision
MS 910039,Parcel A. This agreement would permit the deferment of construction of permanent
improvements along Bixler Road and State Highway 4,which are located in the Byron area.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director
is APPROVED.
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
RLID:mwr date shown.
G-NGrpbata gSvcV30kl \Bo 12-15-98.doc
ATTESTED:
OriginContaator:Rub Lierly(31orks 3,2 PHIL BATCHELOR, Clerk of the Board
Contact: RichLier}y(3t3.z348) of Supervisors and Ccwnty Administrator
cc: Recorder(vis Tide Co.)then PW Records
By�.� �a.,,`1����Deputy.
................................................................................................................,
. ......................................................................................................................................................................................
..........1.11..............
ell
Recorded at the request of.
Contra Costa County
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Byron
Road: Bixler Road @ Highway 4
Co.Road No: 9163 A
Subdivision: MS 39-91,Parcel"A"
APN: 011-220-022
DEFERRED IMPROVEMENT AGREEMENT
(Subdivision MS 39-91, Parcel"A")
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
J. Michael Walford,Public Works Director BYRON SEVENTY-EIGHT
a California general partnership
.................
By:
By:
(Ptiat Name) General Partner
RECOMMENDED FOR APPROVAL: --'A/A/ 7,
By:
I&, /__ Affoll
ov n ervices Division
FORM=APPVED:
Victor J. Westrnan, 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 5313.)
(see attached notary)
1. PARTIES. Effective on Z).r. /67 the County of Contra Costa,hereinafter referred to as"County"and BYRON
SEVENTY-EIGHT,a California general partnership,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 contactwith such city originally. Any annexing city shall have all rights of a third party beneficiary,
.....................
;t
date at. tlft7+
County 0f_ i L OPTIONAL SEC
GAPAC1TY 0L41MW BY$#I
0n 6 before me r �4*(
"etash't"w a s pq .. sL Ie the e x t�tetarttg to H° Y to
Person*appeared «- ~�- �to��>�r r►theZ.
pred
0 INDMOUAt.
an e�Y known to me-tit. rif
to e on the basis of 1t CORPORATEC7 F ER(s)
be the perscn(s)whose narmem Istare
subbed to thetrument and n P��) t:7 LMITED
Sdmowtedged to me that helsh&VW
executed the same h hwterllhelr - €I GENERAL
N .' � a'�•- 'fi►+�'. sc arized )t and
that by 0 A ORNE/ iI Fw CT
v[Sl\1-w:7f1TA�i+
{ ' ' �►` �'` hlsfierAheir signature(s)sins the C1'ff2V �
pYt � o ument the person{sj or the NSERVATOR
upon beha#of which the persorx( a 0I
i t #i Ltd " s acted,executed the Instrument.
at
�• ►,sw .•` Q W(TNESS MY hand and orl5cial sa 1, gam, +
�is 0n :
rr' wl.b \
iilJ�rtsfff.+"' �
THIS CERTIFICATE MUST SE AT ACHE} OPTIONAL SECTION
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES _ DATE OF DOWMENT
ro I�w.�rr.t��, „�r,,,ry w„ THAN NAMED ABOVE SIGNER($)OTHER
1tlSTRUCTt4NS'-TO NL)'�'�ay,
The following information is provided In an effort to
Signatures required on dooumer s must corn vim' fol PW ng of the domments.
iY to tie acgepta#tfe to Cruet Costs County.
t. ,, -
The name and gest of the signer should be typed or
exactly as it is typed or printed. pritrted the signature. 'The
If. "CtJi�ES FEAR i�Qtttt€�t got Irne trust be
proP+erty must be The Wasigned exactly as I is printed or typed. The signet's interest in the
I1L .o, �Patty must be either a
eau yon, stgn or an ge�rteral'pariner or be sutttorized In
partnetrshlp. _ �fi#ing to have
menWigula Do*9 o o Ricers one from each of the followl two
GROUP#. a The Chair of the B � 9m ups:
Board
b The President
GROUP c Any Vi e-President a
a The Secretary
b An Asslstant Secretary
C The Chief Financial officer
The Assistant Treasurer
the Inst:ruttie
If signatures of Oftitc�ers from each of the above two groups do not appear
hoard o€Directors authorizing t#t$person sign#ng the ih nt to n Is cef"W copy of a resolution of the
currently valid power of attorney,notarized.wtlt suffice. in que n is required. A
......._. ......... ......... ......... ......... ..........
. ....... ...............__..._....__.......... ...__._.... ._....... ......_.. ......... ......... .......... ........ .........
RE: Subdivision MS 39-91
(Parcel "A„)
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcel "A," as shown on the parcel map of Subdivision MS 39-91, on file at the
County Recorder's Office as follows:
Date:
Book:
Page:
le
JD.pt.mw �
,'`% � �•-
GAGrpData\EngSvt\J0SEJ'HVan 98Vns39-91.wpd
.. .. ...... ................. .... ..._....... .._._.._. ......... ......_.. ......._. _........... ........__..._........_......_..... ............. ............. .........
Subdivision MS 39-91
(Parcel A)
1 of 3
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
Bixler Road and State Highway 4, for Subdivision MS 39-91, Parcel A,described in Exhibit"A":
Prior to release of the grant deed of development rights by the County for Parcel A,Owner shall satisfy,
complete, construct or bond the following improvements in accordance with Contra Costa County
Ordinance Code Title 9, County Ordinance Specifications and Design Standards:
A. Bixler Road:
1. Construct curb, six-foot sidewalk (width measure from curb face), necessary
longitudinal and transverse drainage and pavement widening and along the frontage of
Parcel A. The face of curb shall be 40-feet from the centerline of Bixler Road.
2. Construct a half width median island along the frontage of Parcel A(including surface
treatment, landscaping and irrigation). If the median improvements cannot be
constructed at the intended time with Parcel A, Owner shall contribute the estimated
cost of the work to a Road Improvement Fee Trust(Fund No. 819200-0800)designated
for road improvements to Bixler Road.
B. State Highway 4:
1. Construct curb, necessary longitudinal and transverse drainage; necessary pavement
widening to accommodate two eastbound lanes, two westbound lanes,a left turn lane
and a right turn lane to Bixler Road, and additional deceleration lame for right turn
project ingress.The face of the curb shall be 45-feet from the ultimate centerline of State
Highway 4, except in the vicinity of the right turn lane and the proposed deceleration
lane.
2. Construct a half width median island (including surface treatment, landscaping and
irrigation) along the frontage of Parcel A. If the median improvements cannot be
constructed at the intended time with Parcel A, Owner shall contribute the estimated
cost of the work to a Road Improvement Fee Trust(Fund No. 819.200-0800)designated
for road improvements to Bixler Road.
3. Physically restrict the accesses along Highway 4 to right turn ingress and egress only,
subject to the review of the Public Works Department, and review and approval of
Caltrans.Only two entrances to Highway 4 shall be allowed for this Minor Subdivision,
excluding the maintenance access to Kellogg Creek.
4. Obtain an encroachment permit from Caltrans for construction within State right of way.
C. Underground all utility distribution facilities,including the existing distribution facilities along
the Highway 4 and Bixler Road frontages of Parcel A.
D. Install street lights along the frontages of Bixler Road and Highway 4 of Parcel A.
........................................................................................................................................................................
...........................................
Subdivision NIS 39-91
(Parcel A)
2 of 3
EXHIBIT "B"
E. Furnish proof to the Public Works Department,of the acquisition of all necessary rights of entry,
permits and/or casements for the construction of off-site, temporary or permanent, road and
drainage improvements.
F. Submit improvement plans prepared by a registered civil engineer,pay review and inspection
fees, and provide security for all improvements required by the Ordinance Code or the
conditions of approval for this subdivision. These plans shall include any necessary traffic
signage and striping plans for review by the Public Works Department.
G. Provide for adequate comer sight distances based on a design speeds of 55 miles per hour at the
project entrances on Bixler Road and 65 miles per hour at the project entrances on Highway 4,
in accordance with Caltrans standards.
H. Submit landscaping plans to Public Works and pay the plan review and inspection fees. All
landscaping and irrigation facilities shall be maintained by the applicant until funds become
available for their maintenance by the County after final inspection.
I. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County
Area of Benefit and the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area
of Benefit, as adopted by the Board of Supervisors.
J. If warranted,build a signal at the intersection of State Highway 4 and Bixler Road. If signal is
not warranted,contribute 5%of the cost of the signal to a road improvement fee trust(Fund No.
819200-0800). The interconnect between Bixler Road and Discovery Bay Boulevard, if
required, shall be included in the cost of the signal.
K. Provide adequate on-site parking facilities for construction workers so they will not park on
State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site
via Bixler Road, not State Highway 4.
L. Reimburse Centex Homes,a Nevada General Partnership,for any road improvements along the
frontages of State Highway 4 and Bixler Road of Subdivision MS 39-91, Parcel A,constructed
at the expense of Centex Homes.
M. Comply with the drainage fee requirements for Drainage Area 109 as adopted by the Board of
Supervisors.
....................................................
....I............................................................................................................................................................................
........................................................................................
171Y
Subdivision NIS 39-91
(Parcel A)
3 of 3
EXHIBIT "B"
SUPPLEMENTARY REQUIREMENTS
A. Any necessary relocation of utility facilities shall be the responsibility of Owner or Owner's
agent, for such utility facilities which serve Parcel A and are required to be relocated as part of
improving the frontage of Parcel A.
B. Construction of the above deferred improvements shall begin as outlined in Item 4B of the
agreement or when Bixler Road and Highway 4 are constructed to their ultimate planned width
by the County or by an assessment district,provided that Owner shall be compelled to share in
the cost of the constructed improvements only at such time as Owner has applied for and
received a building permit for Parcel A or an assessment district has been formed by the County
for purposes of the planning, installation and construction of the improvements,whichever first
occurs.
C. The land described in Exhibit"A"lies within the 100-year flood boundary as designated on the
Federal Emergency Agency Flood Rate Maps. The requirements of the Federal Flood Insurance
Program and the County Flood Plain Management Ordinance(Ordinance No. 87-65)pertain to
future construction of any structures on this property.
JD:mw
GAGrpDat&\EngSvc\J0SEPH\March WEX-PARCEL A 39-91.wpd
............
.........................................................
............................................................................................................................................................................
....................................................................................... .. . ..... .
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 15, 1998,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.. 98/658
SUBJECT: Approval of the Parcel Map for Subdivision MS 910039, Byron area.
The following document was presented for Board approval this date:
The Parcel Map of Subdivision MS 910039, property located in the Byron area, said map
having been certified by the proper officials;
Said document was accompanied by:
A letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 1998-1999 tax lien has
been paid in full.
NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions
for its design and improvement, is DETERMINED to be consistent with the County's general and
specific plans;
BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does
not accept or reject on behalf of the public any of the streets,paths or easements shown thereon as
dedicated to public use.
I hereby certify that this is a true and correct
RL:JD:mw copy of an action taken and entered on the
G:\GrpData\EngSvc\BO\1998\BO 12-15-98.doc minutes of the Board of Supervisors on the
Originator:Public Works(13S) date shown.
Contact: Rich Lierly(313-2348) ATTESTED:
cc: Public Works-Transportation PHIL BATCHELOR, Clerk of the Board
Current Planning,Community Development of Supervisors and )lnt Administrator
Bymn78
1408,925 W.Georgia Street,Vancouver,BC Canada By *Ldz--L �,dlr` Deputy
........... .......
................................................................................1.11.11.111111...........
........I............................................................................................................
.............................................................
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 15, 1998, by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 98/659 -
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7503, Vine
Hill area.
The following documents were presented for Board approval this date:
I. Map
The final map of Subdivision 7503,property located in the Vine Hill area, said map
having been certified by the proper officials;
111. Subdivision Agreement
A subdivision agreement with Young California Homes L.P., subdivider,whereby
said subdivider agrees to complete all improvements as required in said subdivision
agreement within one year from the date of said agreement. Accompanying said
subdivision agreement is security guaranteeing completion of said improvements as
follows:
A. Cash Deposit
Deposit amount: $5,400
Deposit made by: Young California Homes L.P.
Auditor's Deposit Permit No. and Date: 323218 (November 23, 1998)
B. Surety Bond
Bond Company: Frontier Pacific Insurance Company
Bond Number and Date: SD 00032876
Performance Amount: $532,200
Labor&Materials Amount: $268,800
Principal: Young California Homes L.P.
........... ........
........................................................................................... .................
SUBJECT. Approval of the Final Map and Subdivision Agreement for Subdivision 7503,Vine
Hill area.
DATE: December 15, 1998
PAGE -2-
IV. Tax Letter
A letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the tax lien has been
paid in full.
NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions
for its design and improvement, is DETERMINED to be consistent with the County's general and
specific plans;
BE IT FURTHER.RESOLVED that said Parcel/Final Map is APPROVED and this Board
does not accept or reject on behalf of the public any of the streets,paths,or easements shown thereon
as dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
RL:JD:mw l hereby certify that this is a true and correct
G:\GrpDaU\F-ngSvc\BO\l998\B0 12-15-98.doc
copy of an action taken and entered on the
Originator:Public Works(ES) minutes of the Board of Supervisors on the
Contact: Rich Lierly(313-2348) date shown
cc: Public Works-R.Bruno,Construction ATTESTED. r I
Current Planning,Community Development
T-October 8,1999 PHIL BATCHELOR, Clerk of the Board
Young California Homes L P of Supervisors and Coun Administrator
4546 El Camino Real,Suite S,Los Altos,CA 94022
Frontier Pacific Insurance Company
4250 Executive Square,Suite 200,La Jolla,CA 92037 By ' '�---Deputy
_:.....