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Home My WebLink AboutRESOLUTIONS - 01011997 - 1997-118 Recorded at the mquest of.• cotdret:ataCountyCONTRA COSTA Co Recorder' s Office Retara to: Public WorksDeprrmmt STEPHEN L. WEIR, County Recorder EnOnew*services DOC - 97 --0042005-- 00 Monday, MAR 17 , 1997 14: 18:16 PRE $0 .00ir Ttl Pd $0 . 00 Nbr--0000009881 bcr/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 11, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/118 SUBJECT: Approving Deferred Improvement Agreement along Willow Road and Sugar Barge Road for LUP 2013-96(APN 030-120-017, 030-070-026, and 030•-110-006), Bethel Island area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Riggs Enterprises, Inc., as required by the Conditions of Approval for LUP 2013-96. This agreement would permit the deferment of construction of permanent improvements along Willow Road and Sugar Barge Road which are located in the Bethel Island area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. 111114114"at*ttwtt trk k a ove sed anadttasp�a1 so boom tew and #"Wmd on tomWAu at"ttes I of ttupery on the d= Arno r►: PHIL aAt HELCt1 t::.I- ,13 b rd RLIU:sd:mw at ervlrara end owjr�a emir rerayuer g:bngswalbo\bo-11.6 Originator. Public Works(ES) Contact: Rich Lierly(313.234$) cc: Recorder I PUBLIC WORKS DEPARTi ENT Records then Clerk of the Hoard Riggs Enterprises,Inc. 1440 sugar Barge Road,Bethel Island,CA 44511 r Recomdod at dw r"116A of: Contm CGRs County Retuna to: Public Works Deparutat Engineering services Division Ann: 13dW Idand Asad: Willow Road&Sugar Barge Road QL Road No: 8987E Pms/ect: LUP 2013-96 Anamioes No: 030-120-017;030.070-026,030-110-M Space above for exclusive use of Recorder. DEFER_M IIviP'ROVEM= AGREEMDa (Project: LUP 2013-96) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY : (See note bel w) J. Michael Walford Ri s Enterprises, Inc. Public Works Director IQ RECQJRdEN �arrs»azhihy DvJ'It,g,/. CIE D P By: / En " ervices Division MdMw:a.a l Vita-Prawds.,t - (CA%Sk''MW"' FORM APPROVED: Victor J. Westman, County Counsel (NOTE: this document is to be acknowledged with signatures as they appear on deed of tide. IfOwner is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) (sae attached notary) 1. PARTIES. Effective on"Y1lm,a.A t(. 119 the County of Contra Costa,hereinafter referred to as"county"and Riggs Enterprises, Inc.hereinafter referred to as"Own rem"rnutually agree and promise as follows: 2. Owner dem to develop the property he owns as described in Exhibit"A"athched hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. A41tZEMM 13I1`1DING ON SUCCESSORS +�IttT TEREST. This agreement is an instrument af1`acting the tide or possession of the veal property described in Exhibit"A".All the terms,covenants and conditions herein imposed are for the benefit of County and the nus property or interest therein which constiMes 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 We 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 puroel 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. I RE. LUP 2013.96 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels one, two, five, six, and eleven as shown on the Record of Survey, filed November 9, 1987, Book 85 of Licensed Surveyor's Maps,Page 21, Contra Costa County Records. And, all of the parcel described in the Grant Deed from Patricia Marie Cavaille, Trustee, to Riggs Enterprises, Inc., a California Corporation, as recorded on November 26, 1996, and filed under recorder series number 96 222201. �:r.sw��utidp�t►a 39s.i» I I RE: LUP 2013-96 EXHIBIT "B" IMPROVEMENTS Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-referenced development are: A. For the construction of the Willow Road extention as described in Exhibit"C": 1. Approximately 123 meters (403 linear feet) of 9.8 meter(32-foot+-)wide paved road section with 1.2 meter(4-foot f) compacted shoulders (shoulder backing) and graded shoulders from the edge of the shoulder backing to the top of the roadside drainage ditches or the right of way line. 2. Necessary longitudinal and transverse drainage. 3. Necessary street lights. The final number and location of the lights will be determined by the utility company and approved by the traffic engineer. 4. Temporary conforms for paving and drainage as may be necessary at the time of construction. 5. Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an inspection and plan review fee and applicable lighting fee. B. For the construction of Sugar Barge Road (connection between Willow Road and Piper Road) as described in Exhibit"C": 1. Approximately 381 meters(1,250 linear feet f)of 9.8 meter(32-foot f)wide paved road section with 1.2 meter(4-foot f) compacted shoulders (shoulder backing) and graded shoulders from the edge of the shoulder backing to the top of the roadside drainage ditches or the right of way line. 2. Necessary longitudinal and transverse drainage. 3. Necessary street lights. The final number and location of the lights will be determined by the utility company and approved by the traffic engineer. 4. Temporary conforms for paving and drainage as may be necessary at the time of construction. 5. 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 fallowing occurs: 1. Willow Road or Sugar Barge Road 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 33.3 percent of the costs. r iamm gAug c*eiildp201396.02 it" is~ LMMANCE a4SIS OF MAINGS Lr N 704W E mar' THE BEARINGS SHOWN HEREON WARE` TAKEN L2 N 2r2w w M,92# FWM RECORD OF SURVEY 85-LSM-22, -,22, Li k aswrr wra • TRA CWTA MINTY RECORM, CALIFWNA L4 N 892rie E IS"4' L4 m sr"Ir w 3441, 4r' U N aimvwg 0" w lam ANCML+LS LM rA LENOU Ct 1 MOV MOW' SlS.i'.47' � � t LAND P.O.B. DARRYL A. � , MwLLow AM ALE ER �. PARCEL .5' P.6-30-99 (APN 030-110-005) `'C7 No.5071 � r OF C SEAUCHA -10 (APN 030-110-006) � $ \ PARCEL 2 ('APN 030-120-017) �. PARCEL 6 P. iJKW Arm PARCEL 12 (APN 030-110-90- SUGAR BARGE RO LE+GE0 ��•• •--•••-«---QE WEIM.NV'E" 07" R04MY - OFFER OF DaMAI qIV RAW--tom-MY LAC _....�.�_.. _ � PROIPEM LAMEA izumm & mmmrr ,r�os rw.: iilSi.x3 ssocu mS MCI ROADWAY AUGNMENT DAIL. .V i"r p� Amami SUW BARGE RC7AD & WILLOW On" «y: st 147 OW MML 1piffm S= 10 *SUGAR BARGED � ZUCAUPD NYA .: (90) 4M-MM SMEL ISLAND CALIFORNIA i r I . State of *4 ON County ofV=0VMews ----be eT--��,,v-r on fore m JAME OM HOTMY personally appeared W i J&a_ 4 • In the capacity as rues�e, ret El personally known to me -OR• oved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within Instrument and acknowledged to me that he&hWdwy executed the same in hishrerAheir authorized capadty(hw),and that by hisfherltheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the Instrument 13 He/ShelThey also acknowledged to me that such corporation executed the within moment pursuant to its by-laws or a resolution of its Board of Directors. "` "` ` WITNES y hand and official seal, TERESA M.S.BRADLEY �-*C"Wim COMMISSION 110$607 NOTARY PLAXIC•CALIFORNUI r ALAMEDA COUNTY Signature of Notary fou AIJU 24.$000 SIWTURE REQUIREMENTS Signatures required on documents must comply with the folowing to be seceptaIM to Contra Cosh County. L FOR ALL SIGK aEg -The name and interest of the signer should be typed or printed In the span provided. The name must be signed exactly as it is typed or printed. IL SIGbIAjURES FOR INDIVIDUALS.The name must be signed exactly as It is printed or typed. The signers interest in the property must be stated. OL SKiNNATURES f " V R P -Signing party must be aither a general partner or be authorized in wddng to have the authority to sign for and bind the partnership. IV. §IGNATURES FOR CORPORATIONS Documents should be signed by two Of6cars,one from each of the following two groups. GROUP 1. (a)The Chair of the Board GROUP Z. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President �c)Tha The Chief rat Treasurer If signatures of officers from each of the above two groups do not appear on the Instrument a certlbed oopy of a resolution of the Hoard of Direrlors authorizing the person signing the instrument to execute instrumeeft of the type in question is required A currently vald power of attomey,notarized,will suflfce. Nohrtza6an of only one corporate signstiue or signaturea from**one group,must oontain the following phrase: and acknowledged to me that such corporstion executed the within instrument pursuant to its by-taws or a resolution of Its Board of Directors." g:tiengsvclwork%notary2.new i State Of C`hhA�..rr is a r�P► Countyof On 1-t o- q'1 before me 1'C tt &14% tae-z personally appeared �IW.IftM 3�khN%b A_kfiWC.S HAW%) s) In the capacity as tcF e b v NeTHM COMWAN •.VICE Pr41JW8ff ❑ personally known to me -OR.0 proved to me on the basis of satisfactory evidence to be the person(4 whose name islan subscribed to the within instrument and acknowledged to me that hehheAhey executed the same In hlslheWwir authorized capadty{tfre),and that by hisil,►ernAFteir signature(e)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the Instrument. OHelfteMWalso acknowledged to me that such corporation executed the within Instrument pursuant to Its by-laws or a resolution of its Board of Directors. � Edith K Caponlgro HESS my hand and official seal, � Comm.141011681 rAALMAEDA AOOUNTY Comm.Ewree Det 10,1447 Signature Of Notary SIGNATURE REQUIREMENTS Slgnaturse required on documents must comply with the foliovAng to be wcepWble to Contra Coats County. L FOR ALL SIGRES`The mime and&merest of the signer should be typed or printed in the space pied. The name must be signed wactly as it is typed or printed. -The name must be signed exactly as it Is printed or typed. The signeft terest In the property must be stated. OL 02N63URES 'F •Signing party must be either a general partner or be authorised in vM fl to have the amorky to signor and bind the partnership. N. Documents should be signed by tww officers,one from each of the following tww groups GROUP 1. (a)The Chair of the Board CROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Ofter d)The Amsistant Treasurer K soisturse of of!`icars from each of the above two groups do not appear on the insbumer>!#,a certified copy of a resolulion of the Board of Directors au hoddrig the person signing the instrument to execute instruments of the type in question is required. A currently void power of attorney,notertred,wIN su l'ice. Noterhadon of only one coMorals @Wwkffo or signatures from only one group,must contain the followklg phraew. "...and acknowledged to me that such corporation exAcuted the wkNn instrument pursuant to its by4 wo or a resolution of Its Board of Directors." g:Wn rklnotary2.new