HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-154 e4/3
Recorded at the request oC
Contra Costa Coudy
Return to:
Public Works Departmatt
Servicer
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 1, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN: Nene
RESOLUTION NO.:
241Z
SUBJECT: Approving Deferred Improvement Agreement along Bixler Road for Subdivision
7969 (APN 002-030-005), Byron area.
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Land Factors, Inc., as required by the Conditions of Approval for
Subdivision 7969. This agreement would permit the deferment of construction of permanent
improvements along Bixler Road which is located in the Byron area.
IT I5 BY THE BOARD ORDERED that the recommendation of the Public Works Director
is APPROVED.
itt:xB:mw IN Swwf Owl tt b!to title attrttwt er
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oritinater: public Wako(IIS) «lT�111t1
coat.M Richra y(sls-alas) of rc► w or bud
cc Reowder Title Co.)Om PUBLIC WORM DSPnRrM�rrr ltecorda • ,+?+100
lard Eactatt,Inc. �
30 Town&country Drive.Danville,CA 94534
Recorded rt the request of:
CONTRA COSTA COUNTY
Retum to:
PUBLIC WORKS DEPARTMENT �
ENOU EF. WO SERVICES DMSION
RECORDS SECTION
Area: Byron
Road: Bixier Road
Co,Road No: 9163A
Projem SUB 7969
Air's No: V024L 405
Space above for exclusive use of Recorder.
DEFERRED IIOROV.ENIENT AGRF.ENIE•NT
(Project: Subdivision 7969)
THESE. SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER:(.'Sae note below)
I.Nfic bwl Watford Land Factors,Inc.,a California tion
Public Works Director
c.. V (Name bt Title) C .
By:
RECO FOR VAL: (Signature)
(Dame&-Title) r3 iCrGr-ti C
By:
Division
FORM APPRO : Victor J.We stman,County Counsel
(NOTE: this document is to be acknowledged with
signatures as they appear on dead of title. If Owner is in-
corporatad,signatures must conform with the designated
representative groups pursuant to Corporations Code
5313.)
(sae attached notary)
1. PARTIES. Effective on h J, the Canty of Contra Costa,hcrcinafter re An-ed to as"County"and Land Factors,Inc.,
a California Corporation hereinafter referred to as*Cvnm*mutually agree and promise as follows:
2. 21M Owner desires to dew1W the prop"he owns as described in Exhibit"A"attached hareto and wishes to defer construc-
tion of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promL-A w .
3. AgREE gee Ba ON qtr t=UQ S 1'N 2MM,"r,,,. 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 ata for the benefit of County and the neat
property or interest therem which coaatitutes the County road and highway system and shall be binding upon and inure to the btntfit 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 tam of
this afire a hent shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this
agement.'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 agrreseunent upon demand by such city as though Owner had contact with such city originally. Any annexing city shatl have all
rights of a third party beneficiary.
EDIT "A"
Subdivision 7969
All that real property situated in the County of Contra Costa., State of California, described
as follows:
All of Lots 1, 2,3, 4 and 9 as shown on Subdivision 7679 as recorded on
.in Hook of Maps,page . on file at the County Recorder's Office.
EIT "B"
Subdivision 7969
EVIPROVEMENTS
{
Improvements required by Contra Costa County Planning Agency and the County Ordinance Code
as a condition of approval for the above-referenced development are located along Bixler Road for
Lots 1, 2, 3, 4 and 9, as described in Exhibit "A":
1, Approximately 2,370 square meters(25,600 square feet)of street paving to pave a maximum
of 6.1 meters (20 feet)from the existing pavement toward the west right of way line.
2. Necessary longitudinal and transverse drainage.
3. Temporary conforms for paving and drainage as may be necessary at the time of construction.
4. Submit improvement plans to the Public Works Department,Engineering Services Division,
for review; pay an inspection and plan review 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. Bixler 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 their share of the costs as follows:
Lot No, Share
1 2j%
2 23% `
3 23%
4 23%
9 8%
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