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Home My WebLink AboutMINUTES - 02052008 - C.3 • , � SE L TO: BOARD OF SUPERVISORS — �� Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR -.i i Costa amiln 'z _1 DATE: February 5, 2008 °°s - "`" County rA couzi SUBJECT: Approve Deferred Improvement Agreement along Camille Avenue for Minor Subdivision 04- 00024, (APN 198-160-017), for project being developed by Muir Lane Estates, LLC, Alamo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Minor Subdivision 04-00024, approving Deferred Improvement Agreement along Camille Avenue, for project being developed by Muir Lane Estates, LLC,Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): This Deferred Improvement Agreement is required by Condition of Approval no. 30 for Minor Subdivision MS 04- 00024. CONSEQUENCES OF NEGATIVE ACTION: The Deferred Improvement Agreement will not be recorded. Continued on Attachment:,,-' SIGNATURE:_ZA ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER r SIGNATURES . ACTION OF B A ON r � ,26-WAPPROVED AS RECOMMENDED OTHER Vo.�'E OF SUP vlsoxS I hereby certify that this is a true and correct ✓ UNANIMOUS(ABSENT o n A-- ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. KD:vz G:\EngSvc\BO\2008\02-05\BO-12 MS O4-0024.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by Title Company ATTESTED: �- ee4-4-7- O\r eo0d-', cc: Current Planning,Community Development JOHN CULLEN, Clerk of Me Board of Muir Lane Estates,LLC 3201 Danville Blvd.,Suite 270 Supervisors and County Administrator Alamo,CA 94507 Attn:Jefferey Fautt First American Title Company 6683 Owens DriveBy r�' Deputy Pleasanton,CA 94588 Attn:Barbara Pinto Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 5, 2008 by the following vote: AYES: Gioia, tlilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None A "'T • T-' 1T AW5IAIIN: Done RESOLUTION NO. 20081,f4 SUBJECT: Approving Deferred Improvement Agreement along Camille Avenue for Minor Subdivision 04-00024, (APN 198-160-017), for project being developed by Muir Lane Estates, LLC, Alamo area. (District III) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Muir Lane Estates, LLC, as required by the Conditions of Approval for Minor Subdivision 04-00024. This agreement would permit the deferment of construction of permanent improvements along Camille Avenue which is located near Danville Boulevard in the Alamo area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. KD:vz I hereby certify that this is a true and correct copy of an action G:\EngSvc\BO\2008\02-05\BO-12 MS O4-0024.doc taken and entered on the minutes of the Board of Supervisors on the date shown Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by Title Company ATTESTED: cc: Current Planning,Community Development JOHN CULLEN, Clerk of tlib4oard of Supervisors and Muir Lane Estates,LLC 3201 Danville Blvd.,Suite 270 County Administrator Alamo,CA 94507 Attn:Jefferey Fautt By ,Deputy First American Title Company 6683 Owens Drive Pleasanton,CA 94588 Attn:Barbara Pinto RESOLUTION NO. 2008/ Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division Records Section Area: AlP_t.-0 Road: CAJ. " 1124- t� 1�1.kVL Co.Road No: r ! 3 3 7 Project: /Hl �y��t' 2 APN• �r �fj 0/7 DEFERRED IMPROVEMENT AGREEMENT (Project: M5 0`J 00 a Z V ) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu,Public Works Dire or 03-�`1= L+�`_"eS pc ctt% 1Aa- �,• � \.....to• .ice 0 By: (signetu Ar...t.. t Y�^^• •~✓ RECOMMENDED FOR APPROVAL: le-F� L By: (signature) Engineering §e4ices Division FORM APPROVED: Victor J. Westman, County Counsel (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code¢313.) (see attached notary) J��►-v.��j, .17, 2.00 8 1. PARTIES. Effective on Peow the County of Contra Costa, hereinafter referred to as "County"and Af v.,r- to a e- -9&***, L L.L 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 contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. State of California ) CALIFORNIA ALL-PURPOSE County of - ) CERTIFICATE OF ACKNOWLEDGMENT CbHles 1 . On �2 2�� before me, 0- DVS 0�0 FV,6 IL (here insert n me and title of the officer) personally appeared (or proved to me on the basis of satisfactory evidence) to be the person() whose name is are subscribed to the within instrument and acknowledged to me that9she/they executed the same in is her/their authorized capacity(iesj, and that by Wher/their signature(s) on the instrument the person(),or the entity upon behalf of which the person/)acted,executed the instrument. WITNESS my hand and official seal. ANGELA ABOUIMBE o COMM. #1657623 Z = Notary Public • California Z Contra Costa County o My Comm.Expires 11,2010 y Signatu (Seal) OPTIONAL INFORMATION 4 Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. ; Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification ❑Personally known to me titled/for the purpose of �jly� � .y Proved to me on the basis of satisfactory evidence: L form(s)of identification O credible witness(es) Identification is detailed in notary journal on: containing pages,and dated Page# Entry# ?�— x The signer(s) capacity or authority is/are as: Notary contact: _ ndividual(s) Other a Attorney in Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ R ❑ Guardian/Conservator ❑ Partner-Limited/General A ❑ Trustee(s) ❑ Other: x representing: Name(s)of Person(s)or Entity(ies)Signer is Representing i 3 Y 0 Copyright 2005 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 10/05. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com MS 0400024 EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of those parcels designated as parcels A, B, and C as shown on the parcel map of MS 0400024, on file at the County Recorder's Office as follows: Date: Book: Page: KD G:\GrpData\EngSvc\Ken\Projects\MS O40024\EXHIBIT-A FORM.doc RE: MS 0400024 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 Camille Avenue for Parcels A, B, C, described in Exhibit "A": 1. Approximately 265 linear feet of curb,face of curb located 9 feet from the right of way line. 2. Approximately 265 linear feet of 5-foot sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 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. 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. Camille Avenue 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 third of the costs. G:\GrpData\EngSvc\Fomu\EXFUBITS WORD\EMBIT-B FORM.doc