HomeMy WebLinkAboutMINUTES - 11062001 - C.12 Recorded t the request of:
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Contraa Costa
ta County G L
Board of Supervisors •
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Public Works Department
Engineering Services Division
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 6, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 532
SUBJECT: Approve the Deferred Improvement Agreement along Hilltop Drive for LP 2035-99
(APN 426-210-006) El Sobrante area(District 1).
The Public Works Director has recommended that he be authorized to execute a deferred
improvement agreement with Abdul Nazim Jalil and Nazmun Nisha Jalil, as required by the
conditions of approval for LP 2035-99. This agreement would permit the deferment of construction
of permanent improvements along Hilltop Drive, which is located in the El Sobrante area.
NOW, THEREFORE, IT IS RESOLVED 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
Originator:Public Works(ES) and entered on the minutes of the Board of Supervisors on the date
Contact: Rich Lierly(313-2348) shown.
G:\GrpData\EngSvc\Foms\BO WORD\130-12.doc
cc: Recorder(via Clerk)then PW Records
Current Planning,Corrmttntity Development November 06 2001
K.Dahl,Engineering Services ATTESTED: ,
Abdul Nazim Jalil JOHN SWEETEN,Clerk of the Board of Supervisors and County
Nazmun Nisha Jalil
483911illtop Drive Administrator
EI SObrante,CA 94803
By ,Deputy
RESOLUTION NO. 2001/ 5-32
Recorded at the request of: IIII III III IIII II II I IIIIIIII I IIVIII VIII I VIII I II /•
Contra Costa COLtn Y CONTRA COSTA Co Recorder Office V
Public ening Department STEPHEN l. WEIR Clerk-Recorder /�
Engineering Services Division DOC— 2001 0342956-0@
Return to: \.r rJ
Public Works Department Wednesday,Engineering Services Division FRE $a 0,0 NOV 07, 2001 12:22:40
Records Section I
Arca: EI Sobrante Tt 1 Pd $0.00 Nbr-0000602925
Road: llilltop Drive I
lrc/R9/1-7
Co.Road No: 0872A
Project: LP992035 I
APN: 426-210-006
DEFERRED IMPROVEMENT AGREEMENT
(Project: L.P992035)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu, Public Works Director Abdul Nazim Jalil and NazfnUn Nisha Jalil
uA G
Abdo azin alil
RECOMMENDED FOR APPROVAL:
By: is gn,ture)
Engineering Services ivision Nazrrltln Nisha Jalil
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§313.)
(see attached notary)
1. PARTIES. Effective on l^ _23 the County of Contra Costa,hereinafter referred to as"County"and Abdul Nazim Jalil
and Naztnun Nisha Jalil 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 tetras,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 ofthe property described in Exhibit"A,"shall fulfill all the terms of this agreement upon demand by such city as though
Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary.
. r .
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"13"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."
B. When County Public Works Director determines that there is no further reason to defer construction of the improvements
because their construction is necessary for the public health,welfare and safety and/or is necessary to the orderly development of the surrounding area,he
shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or owners of the property as
shown on the latest adopted County assessment roll. The notice shall describe the work to be done by Owner,the time within which the work shall
commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each
Owner shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a
facility provided by others,the notice shall include the amount to be paid and the time when payments must be made.
5. PERFORMANCE OF THE WORK. Owner shall perform the work and make the payments required by County as set forth herein or as modified
by the Board of Supervisors.-Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do
the work and shall submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay
County inspection fees. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval.
Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the County
at least 48 hours prior to start of work. In the event Owner or his successor(s)in interest fails to construct any of the improvements required under this
agreement,County may,at its option,do the work. A lien is hereby created on all property described in Exhibit"A"for the cost of such work. If County
sues to compel performance of this agreement,to recover the cost of completing the improvements or to enforce the aforementioned lien,Owner shall pay
all reasonable attorney's fees,costs of suit and all other expenses of litigation incurred by County in connection therewith,and said attorney's fees,costs
and other expenses shall also become a lien on the property described in Exhibit"A". If the property described in Exhibit"A"is subdivided at the time
said liens are imposed,the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property of
Owner is granted to County or its contractor as may be necessary to construct the improvements covered by this agreement.
6. JOINT COOPERATIVE PLAN. Upon notice by County,Owner agrees to cooperate with other property owners,the County,and other public
agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district,if this method
is feasible to secure the installation and construction of the improvements.
7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements,
he shall,within 30 days of the date the notice was mailed,request a review of the requirements by the Board of Supervisors of County. The decision of
this Board shall be binding upon both County and Owner.
8. ACCEPTANCE OF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit "B"which are constructed and
completed in accordance with County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution
of the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities,access road or other required improvements,to assume
responsibility for the proper functioning thereof, to submit plans to the appropriate County agency for review, if required, and to maintain said
improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property.
9. BONDS. Prior to County approval of improvement plans,Owner may be required to execute and deliver to the County a faithful performance
bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of
the work required and payment of all persons furnishing labor and materials in the performance of the work.
10. INSURANCE. Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the
performance of the work called for herein a separate policy of insurance in a form and amount acceptable to County.
H. INDEMNITY. Owner shall defend,indemnify and save harmless the County,it's officers,agents and employees,from every expense,liability or
payment by reason of injury(including death)to persons or damage to property suffered through any actor omission,including passive negligence or act
of negligence,or both,of Owner,his developer,contractors,subcontractors,employees,agents,or anyone directly or indirectly employed by any of them,
or arising in any way from work called for by this agreement, on any part of the premises, including those matters arising out of the deferment of
permanent drainage facilities or the adequacy,safety,use or non-use of temporary drainage facilities,or the performance or nonperformance of the work.
This provision shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or
willful misconduct of the County or its agents,servants,or independent contractors who are directly responsible to the County.
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G:\GrpData\EngSvc\Ken\2001\06Junc\LUP 2035-99\DIA
LP992035
EXHIBIT "A"
All that real property situated in the County of Contra Costa,State of California,described as
follows:
All of Lot 243 as shown on the final map of Santa Rita Acres-Unit No. 4, on file at the
County Recorder's Office as follows:
Date: 10-18-1939
Book: 23
Page: 727
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G:\GrpData\EngSvc\Ken\2001\06Ju"e\I.UP 2035-99\D1A Exhibit A
LP992035
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 Hilltop Drive.for Parcels 426-210-006, described in Exhibit "A":
1. Approximately 31 linear meters (100 linear feet)of curb, face of curb located 3 meters (10
feet) from the right of way line.
2. Approximately 31 linear meters(100 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 (1000 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.
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. Hilltop 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.
R.1Ad
GAGrpllata\EngSvc\Ken\2001\06JuneTUP 2035-9901A Exhibit B
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
,State of ��!/-"�'`�r�
OPTIONAL SECTION
County of�U++T� —057'� �� CAPACITY CLAIMED BY SIGNER
On o ." ,before me, 14;11Z-11;1719 Tiff/�S, itJDT�i Gy 1 Z//4 Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICER 321.U.,"JANE DOE, TARY PUBLIC" in the data below,doing so may prove invaluable
to persons relying on the document.
personally appeared /q&dU / /y4���1 L—��
NAME(S)OF SIGNER(S) 0 INDIVIDUAL
❑ personally known to me-OR-provided to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the person(t whose name()is/ard' TITLE(S)
subscribed to the within instrument and
acknowledged to me thal he/sho44ey executed ❑ PARTNER(S) ❑ LIMITED
r ARMA ATKINSZ the same in his/heR44ek authorized
0 GENERAL
a e ••.� capacity(ief4,and that by hisfl*fFt•}leir
COMM.X11212463 � (,s�
„A signatureon the instrument the person( ❑ ATTORNEY-IN-FACT or �
NOTARY PUBLIC-CALIFORNIA0 TRUSTEE(S)
Z
' CONTTRACOSTACOUNTY the entity upon behalf which the person(e) ❑ GUARDIAN/CONSERVATOR
I IF OR
e, „ My Comm.Expires MAR 06,2003 , acted,executed the insttrr ument. ❑ OTHER:
WITNESS my hand and official seal,
SIGNER IS REPRESEN'T'ING:
(NAME OF PERSON(S)OR ENTITY(IES))
SIGNATURE OF NOTARY
❑ acknowledged to me that such corporation executed the within instrument pursuant to its Board
of Directors.
OPTIONAL SECTION \ �.
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TOTHE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named AbovcAlA Z�.vu-s/ y/��2 cJo�•�
'1
— re-attachment of this form
INSTRUCTIONS TO NOTARY
The follo-,ving 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 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.
11I. SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. �t�
The Chair of the Board
The President
cAny Vice-President
GROUP 2. a The Secretary
lbAn 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.
N6tarization 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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,i...r--+-tet• -,,.._...
R.er:;_liiivary::13;.2000
/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of e/47 `t7o .-t i ti�� OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
Ori�/�31/ before me, 1 4 C.— Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICER .,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable
A, to persons relying on the document.
personally appeared,' q zhicC�i �I S Sts A
NAME(S)OF SIGNER(S) U INDIVIDUAL
0 personally known to me-OR provided to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the person(t)whose name(e)is/are' TrrLE(S)
subscribed to the within instrument and
acknowledged to me thal Wshe/they executed
r. U PARTNER(S) ❑ LIMITED
'� ��^I''•ti ARMA ATKINS Z the same in hfs/her/thea authorized ❑ GENERAL
COMM. #1212463 capacity( ),and that by his/her/tp&ir ❑ ATTORNEY-IN-FACT
qq _ signature(s�on the instrument the person(d)or
_ NOTARY PUBLIC-CALIFORNIA:1 the entity upon behalf of which the person(s�r 0 TRUSTEE(S)
r CONTRA COSTA COUNTY J 0 GUARDIAN/CONSERVATOR
Z r e41IFON ` My Comm.Expires MAR 06,20M acted,executed the instrument.
0 OTHER:
1N1'INESS�yh �doc l, SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)1
SIGNATURE OF NOTARY
❑ acknowledged to me that such corporation executed the within instrument pursuant to its Board
of Directors.
OPTIONAL SECTION n
THIS CERTIFICATE MUST BE ATTACHED 'Title or Type of Documer he;teo f b S.. .pe-OVe»,e,� �tY�•r�.►�
TO.THE DOCI.)MENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document '77,23-0
/ /
1 persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above Aba u vG Z,
re-attachment of this form
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 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 signers 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 the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. a)The Chair of the Board
b)The President
�c)Any Vice-President
GROUP 2. a)The Secretary
b)An Assistant Secretary
cj 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 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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Rey;,Janu_ai5'"13,-q0.0