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Home My WebLink AboutMINUTES - 01162001 - C7-C8 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 16, 2001 by the following vote: AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Approving Deferred Improvement Agreement along Danville Boulevard for Subdivision MS980007, (APN 188-370-031), Alamo area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Dolores R. Volz, as trustee of the Dolores R. Volz Family Trust, udt dated June 20, 1995, as required by the Conditions of Approval for Subdivision MS980007. This agreement would permit the deferment of construction of permanent improvements along Danville Boulevard which is located in the Alamo 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 date shown. ATTESTED: JANUARY 16, 2001 G:\GrpData\En&Svc1Bo\2001�T=p1MS 98-07$o-rz.dor PHIL BATCHELOR, Clerk of the Board of Supervisors Mlap and County Administrator Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Recorder(via Clerk of the Board)then PW Records By ,Deputy Current Planning,Community Development Recorded at the request oh Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division Records Section Area:Alamo Road:Danville Blvd. Co.Road No:5301A Subdivision:MS980007 APN:188-370-031 DEFERRED IMPROVEMENT A REEMENT (Subdivision: MS980007) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu, Public Works Director Delores R. Volz as trustee of the Dolores R. Volz Family Trust UDT Dated June 20, 1995 RECOMMENDED FOR APPROVAL: E ng Services Division Dolores R. Volz,Trustee FORM APPROVED: Victor J. Westman, County Counsel (NOTE: This docurne4t 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 onthe County of Contra Costa, hereinafter referred to as "County"and S R.YOUR 4ATR-UM Ct ZFE DXL&S 1z VEiz MII VjxL&r UQr LSD JL!b E gg 1996 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 UCCE SORS 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 contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. Subdivision MS980007 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California,described as follows: All of parcels A,B, C and D shown on the parcel map of Subdivision MS980007,on file at the County Recorder's Office as follows: Date: Book: Page: JH:kw June 12,2000 G:\GrpData\EngSvcVorge\200OVwie\MS980007-EAa.doe MS980007 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 Garden Park Court and Danville Boulevard for Parcels A, B, C and D, described in Exhibit "Aft. 1. Improvements include undergrounding of all existing utility distribution facilities along Danville Boulevard and all new utility distribution facility created by subdivision MS980007. 2. Submit applicable improvement plans to the Public Works Department,Engineering Services Division, for review; pay an inspection and plan review fees. 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. Danville 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 owners of each parcel shall pay one-quarter of the costs. JH:kw G:\G pData\Engsvc\Jorge\2000\JunetM5980007-E9,doc June 12,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Nufma OPTIONAL,SECTION County of CAPACI'T'Y CLAIMED BY SIGNER On before me, Though statute does not require the Notary to fill TEA,M,,I LE FOFFICER E. .,"A ,NOTARY P ICS In the data below,doing so may prove invaluable personally appeared 13 ttL+4 to persons relying on the document. j. NAME(S)OF SIONER(S) 0 INDIVIDUAL personally known tome-OR-cY provided tome on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the personVwhose name(df is/per TITLE(s) subscribed to the within instrument and acknowledged to me that beshe/rf y executed 0 PARTNER(S) 0 LIMITED -t 0, — the same in biftedtbrir authorized C1 GENERAL capacity(jo,and that by bWhertt�(t Alex D. VOsic 0 ATTORNEY-IN-FACT �`, slgnaturejai°an the instrument the persan{dJ or tIt Comm.#1104476 { the entity upon behalf of which the person,(*) TRUSTEE(S) V NOTASY PUBLIC•CALIFORNIA 0 GUARDIAN/CONSERVATOR CONTRA COSTA COUNTY (� acted,executed the instrument. p OTHER: Comm.Exp.July 27,2000 hando dial seal, SIGNER IS REPRESENTING. { (NAME OF PERSON(S)OR TY(IES)) SIONA OTARY nxo J,y MULL/ip6r, E3 acknowledged to me that such corporation executed the within instrument pursuant to its Board t7 of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST 13E ATTACHED Title or Type of Document TO THE 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 Above re-attachment of this form INS UCTIONS 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. LLS,-The name and interest of the signer should be typed or printed BENEATH the signature. The name must signed exactas it is typed or printed. IL A -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. IPS-Signing party must be either a general partner or be.authorized in writing to have the authority to sign for and bin( a partnership. IV. SLQNA1=5 Documents should a signed y two officers,one from each of the following two groups: GROUP 1. MC The Chair of the Board The President Any Vice-President GROUP 2. a The Secretary 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 co poratelsignature 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," jc:mw:ar Ray.)angry 13,2000 s Recorded at the request of* Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 16, 2001 by the following vote: AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2001/15 SUBJECT: Accept Completion of Improvements, Subdivision 8029, Alamo area. The Public Works Director has notified this Board that the improvements in Subdivision 8029 have been completed as provided in the Subdivision Agreement with Sherman Ranch, LLC heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 16, 2001 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY April 6, 1999 National American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $74,400.00, Bond No. CBB 15126 issued by the above surety be RETAINED for the six month lien guarantee period until July 16, 2001, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$1,500.00 cash security for performance(Auditor's Deposit Permit No. 328421, dated March 9, 1999) plus interest in accordance with Government Code Section 53079, if appropriate, to Sherman Ranch, LLC, pursuant to the requirements of the Ordinance Code. RESOLUTION NO. : 2001/15 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. ATTESTED: JANUARY 16, 2001 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator JC:lap G:\GrpData\EngSvc\BO\2001\Temp\SUB 8029 BO.doc Originator: Public Works(ES) By , Deputy Contact: Teri Ric(313-2368) cc: Public Works Tax I.D.94-3300943,Accounting R.Bruno,Construction Div. J.Florin,M&T Lab H.Finch,Maintenance Div. I.Bergeron,Mapping Div. Recorder(via Clerk),then PW Engineering Services Sheriff-Patrol Div.Commander CHP,c/o AI CSAA—Cartog Shemnan Ranch,LLC 4456 Black Avenue,#200 Pleasanton,CA 94566 National American Insurance 1008 Manuel Avenue Chandler,OK 74934 f fy m Recorded at the request of: IIII��111 I III 111111111 IN 11111111111111 III 11111 Contra Costa County CONTRA COSTA Co Recorder Office Public Works Department Services STEPHEN L, WEIR, Clerk-Recorder Engineering erviDivision vision Return to: DOC— 2001-0011344-00 Public Works Department Engineering Services Division Wednesday, JAN 17, 2001 09:31:35 FRE $0.00 Tt 1 Pd $0.00 Nbr-0000225350 lrc/RS/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 16, 2001 by the following vote: AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER AND UILKEMA NOES: N0NE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2001/15 SUBJECT: Accept Completion of Improvements, Subdivision 8029, Alamo area. The Public Works Director has notified this Board that the improvements in Subdivision 8029 have been completed as provided in the Subdivision Agreement with Sherman Ranch, LLC heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 16, 2001 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY April 6, 1999 National American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $74,400.00, Bond No. CBB 15126 issued by the above surety be RETAINED for the six month lien guarantee period until July 16, 2001, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$1,500.00 cash security for performance(Auditor's Deposit Permit No. 328421, dated March 9, 1999) plus interest in accordance with Government Code Section 53079, if appropriate, to Sherman Ranch, LLC, pursuant to the requirements of the Ordinance Code. RESOLUTION NO. : 2001/15 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, ATTESTED: JANUARY 16, 2001 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator JC:lap G.\GrpData\EngSvc\BO\2001\Temp\SUB 8029 BO.doc Originator: Public Works(ES) By 46VVJ Deputy Contact: Teri Rie(313-2368) cc: Public Works Tax I.D.94-3300943,Accounting R.Bruno,Construction Div. J.Florin,M&T Lab H.Finch,Maintenance Div. I.Bergeron,Mapping Div. Recorder(via Clerk),then PW Engineering Services Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Sherman Ranch,LLC 4456 Black Avenue,#200 Pleasanton,CA 94566 National American Insurance 1008 Manuel Avenue Chandler,OK 74434