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HomeMy WebLinkAboutMINUTES - 12011998 - C11-C15 4. t� 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 1, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, , and Rogers NOES: Norse ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/611 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE QRANTOR AREA Grant Deed of MS 3-94 Jon O. Freeman Concord Development Rights I hereby certify that this is a true and correct RL:,D:mw copy of an action taken and entered on the 0:\GrpData\EngSvc\B0\l999\B0 12-1-98.doc minutes of the Boardof Supervisors on the Orlgieatur: Public Works(ES) date shown. r Contact:Rich Lierly(313-2348) ATTESTED: 4 1_x.7 g�' cc: Recorder(via Title Co.)dm PW Records then Clerk of the Board PHIL BATCHELOR, Cler;; of fhe Board Current Planning,Community Development of Supervisors and County Administrator Sy Deputy A Record"at the request of: CONTRA COSTA C.OLINTY Public Wortca Departments Retum to oda Departmerd N t11�x 6 . RAcar&SaWon Area: Concord Project:*MS 3.94 Aaseaaar"a No.: 116»120-O03 GRANT DEED OF DEVELOPMENT RIGHTS To meet condition numbers 13A1, 13A2, 13D, 13E1, 13E2, and 13G oflvlindr Subdivision 3-94, I, Ton©. Freeman, (Owner)hereby grant 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 Parcels A, B and C of Minor Subdivision 3-94 situated in the County of Contra Costa, State of California specifically described in Exhibit A. "Development rights" are defined to mean and refer to the right to disapprove of any proposed construction, development or improvement. The "development rights" are and shall be a 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, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. The undersigned executed this instrument on f tt MOW 1 Freeman(Owner) (see attached notary) , :tet g:4argavc\jasephLprf�ms3.44 4 1 FtNiAA11-i'i#RPOSEA!2KtJl7WEFUC - State of t L�- /2 . OPTI NAL SECTION County of5_4 {. (,� w CAPACITY CLAWED BY SMER on t` { before me C" U ' +' � f Y4 r Wit+ duos not a u�ra tha Not�uy to or�Y lura o Eek„d fiIt 1n trkt iriLit blow leo�1►prove in. ---�' vele to psrron+�r r�dyk►s on the doh, penycsnalt,+appealed tel ! ��KRftWbj�L 1� i$INDMOUAL d CORPORATE OFFICER(S) LP=* known to me-OR_p provided to me on the basis of satisfactory be the person(s)whose narria$d�dare Subscribed to the within Instru and ©PARTNER(S' CJ t1MrrEt) ift-rte•... executed the me !their E3 ATTORNEVN1 FA7 GENERAL M. or#ied capacityrip,and#hat by Ci TRU CT JANE r,� !their signature(s)on the p GUARDIAN01 ONSERVATOR Mac w strument the persons}or the ent'sty 0 OTHER: 3rs+rr�t�nrc, 1► upon behatf of which the persons} ribi.fOVf acted,exesxited the instrument WITNESS my hand and official seat, SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED OPTIONAL SECTION Z�-_ec I Chi TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT LL LfZ &I. 1�0_ff NUMBER OF PAGES_ '2G►ATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED A4SOVE t.yrpww,.wwe««w M�+a.alu � w.wt�.«r.e srau«c M9h4Mn, Ib1ST UUCTtQNSTC1 I TARY The following information is provided In an effort to expedite processing of the documents. Signatures required on documents must comply with following to be acceptable to Contra Costa County. I. FOR ALLRN ,_TURES -The name and Interest of the signer should be typed or printed BFNEA�f the signature. The name must tie si#ft�achy as it is typed or printed. II. § c4�T_�tlf_i�S FOR iAidMPUALS:,The name must be signed exams as it is printed or typed. The signers interest In the praopertyy'must be Stated. 111. GAjS ERE PARTN SNIPS-Signing party must be either a general partner or be authorized in writing to have e auinaniiy to sign tar and'ci W the partnership. N. SIGNATURES FqR CORP086110tlS Documents shouldSigned Iyy two omoers,one from each of the following two groups:I GROUP 1. a The Chair of the Board b The President c 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 Instrumen a certified co of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of type In qu+ec+n is required: A currently valid power of attorney,notarized,will suffice. ......................................... .................. .............I................................................ ........................ RE: NIS 3-94 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A, B and C, shown on the parcel map of Minor Subdivision 3-94, on file at the County Recorder's Office as follows: Recording Date: Parcel Map Book: Page: JD:mw SN-cngsveljo h\spdl\=3-94 .........................................................-.........................I........ ................................................................. 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 1, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/612 SUBJECT: Approving Deferred Improvement Agreement along Laurel Drive for Subdivision MS 3-94 (APN 116-120-003), Concord area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Jon O. Freeman, as required by the Conditions of Approval for Subdivision MS 3-94. This agreement would permit the deferment of construction of permanent improvements along Laurel Drive which is located in the Concord area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. RL:JD:mw G:1GtpD&ta\EngSvc\BO1199&1BO 12-1-9g.doc I hereby certify that this is a true and correct Originator:Public Works MS) copy of an action taken and entered on the Contact: Rich Lierly(313-2348) minutes of the Board of Supervisors on the date shown. C I C: Recorder(via Title Co.)then PW Records rj Current Planning,Communiry Development ATTESTED: PHIL BATCHELOR, C.,efK of the Board of Supervisors and Co rm-tryd -ministrator By a,, ---Deputy i Recorded st the request of: CONTRA COSTA COUNTY Return to: PUEI.IC WORKS DEPARTMENT ENOINEEmrY SERVICES DIVISION RECORDS SECTION Area: Concord Road: Laurel Drive Co.Road No: 5167 F Development: MS 3-94 Assessor's No: 116-120.003 Space above for exclusive use of Recorder. DEFERRED IlVIPROVEMENT AGREEMENT MS 3-94 _. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COM I' OWNER: (See note below) J.Michael Walford, Public Works Director RECON—WENDED FQ9 APPROVAL: e g Services Division f✓/'rOr !rte ,+°� , FORM PROVED: Victor J. West - man, County Counsel (see attached notary) 1. ESM. Effective upon the recording date of the Parcel Map for Minor Subdivision 3-94,the County of Contra Costa,hereinafter referred to as "County"and Jon O. F'100rnan,hereinafter referred to as"Owner"mutually agree and promise as follows: 2. . Owner desires to dowfop 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. A9899MM EMM ON IN MEREST. 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 ofeach 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 deer-bed 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. r RNtA ALL-P P 5 _ACKNOttlt{ State of.CtTtT EV--di—p- OPTIONAL SECTION County of,22 Q�Ar_v2-- CAPACnTY CLAIMED BY SIGNER n before me J-9" 1"f itC.fCe r AID r�r 77wcrgh doss aot reriuire the Notary toO CA 0mca a a.; *—�- =in dw data below.dok g so may prove M- valuable to pa vww rslyk►g on the doh, personally appeared J,0$? a. -6-ee4n avt - tkiNDIVIDUAr_ O CORPORATE OFFICER(S) kd:= known to me-©R-0 provided to me cm the basis of 6858fadory MUM be the pemyon(s)whose name(s)Ware subsau*d to the within instrument and CI PARTNERS) D umrrF-D acknowledged to me that helahelthey ®GENERAL OP executed the same In hiaftwAtwir o ATTORNEY4N FACT authorized c apaWw),and that by O TRUSTEE(S) i m.riCKO hislhertthek signature(s)on the p GUARD"CONSERVATOR wroe++►rataeeo instrument the person($)or the entity 0 OTHER: o upon behalf of which the person(s) MY Cdt�t+t.E>�pnrr Fab 3.1996 acted,executed the instrument. WITNESS my hand and official l alai. SINNER r.5 REPRESENTING: W►MEoFf+ExsO►�ROR@�Htn/�3 URNIATM r ,M — 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 7'Mrpkw►yYaM�wh�cnWw�irir'. ' lwypww+ii�4f►Yrwwwr nlhywYr � f`wwws+wi�r�it+ewrit�rifre tNtkw INSTRUCTIONS TO NOTARY The following Information is provided in an effort to emuxilte praces ft 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 be Signed exactly as It Is typed or printed. Il. SIGNATURES EQR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signet's Interest In the property Must iespa Ill. §JGH4jV8E8,FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized In writing to have we authority to sign lar and tAnd the partnership. IV. S GDocuments S FOR CORN MTIONS Documen shoo ac e srgnea cyy two officers,one from each of the following two groups: GROUP t. [bj The Chair of the Beard The President Any Vice-PresidentGROUP2. The Secretary An Assistant Secretary The Chief f=inancial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified cop of a resolution of the Board of Directors authorizing the person signing the instrument to execute Instruments of the type in quesfon is required. A currently valid power of attorney,notarized,Will suffice. RE: MS 3-94 E3=IT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A, B and C, shown on the parcel map of Minor Subdivision3-94, on file at the County Recorder's Office as follows: Recording Date: Parcel Map Book: Page: 7D:mti�� gAengsvcljowph\spriilms3-94 RE: MS 3-94 EXHIBIT "B" 114PROVEMENTS 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 Laurel Drive for Parcels A,B and C, described in Exhibit "A". 1. Approximately 41 linear meters (136 linear feet) of curb, face of curb located3 meters(10 feet)from the right of way line. 2. Approximately 41 linear meters(136 linear feet)of 1.4 meter(4-foot 6-inch) sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 93 square meters(1,000 square feet) of street paving to pave between the existing pavement and the lip of gutter. 4. Necessary longitudinal and transverse drainage. 5. Temporary conforms for paving and drainage as may be necessary at the time of construction. 6. Necessary safety related improvements (including traffic signs and pavement striping) as approved by the Public Works Department, Transportation Engineering Division. 7. Necessary street lights. The final number and location of the lights will be determined by the County Public Works Department. 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. 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. Laurel Drive 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 shalt pay one third of the costs. JD:mw gAaWvcljoseph\WH tlms3-94 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 1, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing the Public Works Director to Arrange for Completion of Improvements, and Authorizing County Counsel to Secure Funds for Completion of Improvements, Subdivision MS 126-90,Lafayette area. The Board on September 12, 1995, having approved a subdivision agreement with William H. Bailey and approved extensions to the agreement until September 12, 1999, for construction of certain improvements in Subdivision MS 126-90,Lafayette area. The Public Works Director having reported that the developer has failed to satisfactorily complete the work as required by said agreement. The Public Works Director having further recommended that he be authorized to arrange for completing the work(estimated to be$65,000,plus the cost of preparing plans and specifications,solicitation of bids,administering the contract, and any cost involved in recovering monies from Indemnity Company of California(Bond No. 1692990 S in the amount$64,000 for faithful performance),using the$1,000 cash deposit(Auditor's Deposit Permit No.265492,dated August 15, 1995)made by hick Bernado Construction to help defray the County's cost. The Public Works Director having further reported that the County cannot fund the construction of said improvements without first obtaining monies from the surety or financial institution securing the agreement, and recommends that County Counsel be authorized to proceed against the subdivider and the corporate surety bond dated August 9, 1995, and issued by Indemnity Company of California(Bond No. 1692990 S) in the amount$64,000 for faithful performance to make the funds available to complete said improvements and to defray County's cost incurred in securing said funds. IT IS BY THE BOARD ORDERED that the recommendations of the Public Works Director are APPROVED. RL:JC:mw G:\GrpData\BngSvc\BO\1998\BO 12-1-98.doc 1 hereby certify that this is a true and correct Originator:Public Works(PS) copy of an action taken and entered on the Contact: Rich Lierly(313-2348) minutes of the Board of Supervisors on the cc: Public Works -Accounting date shown. R.Bruno,Construction J.Millar,Construction ATTESTED: .� t�' s Design PHIL L34Tt�r,t L.k� ` mo Board Administrator Auditor-Controller of Su ervisors and County Administrator County Counsel William H.Bailey,2 Deerfield Lane,Walnut Creek,CA 94596 By ' �---"f - r� Deputy Indemnity Company of California,17780 Fitch,Irvine,CA 92714 Rick Bemado Construction,P.O.Box 7009-131,Lafayette,CA 94549 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 1, 1998, by the following vote: AYES: Supervisors Ui.lkema, Gerber, UeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: none ABSTAIN: None SUBJECT: Accept Completion of Warranty Period and Release of Cash Deposit for Faithful Performance, Subdivision MS 47-89, Crockett area. On October 28, 1997, this Board resolved that the improvements in Subdivision MS 47-89 were completed as provided in the subdivision agreement with Medoro Pagni,Pagni Family Trust and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for one year after completion and acceptance; and IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to: refund the $1,000 cash deposit(Auditor's Deposit Permit No. 286162, dated November 7, 1996) plus interest to Medoro Pagni and Mary L. Pagni, Trustees, in accordance with Government Code Section 53079, if appropriate,and Ordinance Code Section 94-4.446 and the Subdivision Agreement, NOW THEREFORE BE IS RESOLVED that the warranty period has been completed and the Subdivision Agreement and surety bond are exonerated. RL:JC:mw G:\GrpData\EngSvc\B0\t9981B0 12-1-98.doc Originator: Public Works(ES) Contact:Rich Lierly(313-2348) ( hereby Certify that this is a true and correct cc: Public Works Tax I.D.94-6000506,Accounting Copy of an action taken and entered on the R.Bruno,Construction minutes of the Boardof Supervisors on the J.Florin,lvi&T Lab Current Planning,Community Development date shown. Medoro Pagni,Pagni Family Trust 1 � P.O.Box 845,Crockett,CA 94525 ATTESTED: Sanwa Bank ofCalifomia PHIL BATCHELOR, Clerk, of the Board 891 Loring Avenue,Crockett,CA 94525 of supervisors and County Administrator By e.�. :_'- i. Deputy TRE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adapted.this Order on December 1, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing the public Works Director to Arrange for Completion of Improvements, and Authorizing County Counsel to Secure Funds for Completion of Improvements, Subdivision MS 63-82, Tassajara area. The Board on May 4, 1993, having approved a substitute subdivision agreement with The Pringle Group and approved extensions to the agreement until December 15, 1996, for construction of certain improvements in Subdivision MS 63-82, Tassajara area. The Public Works Director having reported that the developer has famed to satisfactorily complete the work as required by said agreement. The Public Works Director having further recommended that he authorized to arrange for completing the work (estimated to be $103,000.00, plus the cost of preparing plans and specifications, solicitation of bids, administering the contract, and any cost involved in recovering monies from. Burlingame Bank and Trust Company (Letter of Credit No. 93-225 in the amount $102,000.00 for faithful performance), using the$1,000.00 cash deposit(Auditor's Deposit Permit No. 158684, dated June 28, 1989)made by The Simba Group to help defray the County's cost. The Public Works Director having further reported that the County cannot fund the construction of said improvements without first obtaining monies from the surety or financial institution securing the agreement, and recommends that County Counsel be authorized to proceed against the subdivider and the Burlingame Bank and Trust Company letter of credit dated March 24, 1993,issued by Burlingame Bank and Trust Company,(Letter of Credit No. 93-225)in the amount $102,000.00 for faithful performance to make the funds available to complete said improvements and to defray County's cost incurred in securing said funds. IT IS BY THE BOARD ORDERED that the recommendations of the Public Works Director are APPROVED. RL:JC:mw G:\GrpData\EngSvc\BO\1998\BO 12-1-98.doc i hereby certify that this is a true and correct Originator:Public Works(BS) copy of An action taken and entered on the Contact: Rich Lierly(313-2348) mi utes of the Board of Supervisors on the cc: Public Works -Accounting date shown. -R.Bruno,Construction t+ -Design ATTESTED. . 1 19 Administrator Auditor-Controller PNit_ BATCt-=: �, G;t rk of ti1r� Board �,.. County Counsel of=ounty Administrator The Pringle Group,90 Ell Camino Real,Burlingame,CA 94010 Burlingame Bank and Trust Company,350 Primrose Road,Burlingame,CA 94010 BDeputy Simba Group,90 El Camino Real,Burlingame,CA 94010