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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-232 C-13 Rworded of the n gvww of* CONTRA COSTA Co Recorder's Office Comm costa county / ,o STEPHEN L. WEIR, COuntY Recorder MUM to: (, ,,✓' public Wab Lleperbnent servion DOC - 97-00S05-1L4-00 Wednesday, MAY 14, 1957 10:14:07 PRE $0.00, Ttl Pd $0.00 Nbr-0000056734 lrc IR9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on May 6, 1997 by the following vote. AYES: Supervisors Rogers, Uilkema, Gerber, Canciami.11a, DeSaulni.er NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/232 SUBJECT: Approving Deferred Improvement Agreement along Bailey Road for DP 3056-95 (APIA 097270-061, 062, 063 073, 067, and 068),Bay Point area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with McDonald's Corporation, as required for Development Permit 3056- 95. This agreement would permit the deferment of the payment of $5,000 to be used for undergrounding utilities along Bailey Road which is located in the Bay Point area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. IN "two MkIntowftelk =719 of Iwo 11111own. ofHIL the boamll Supery W4 TCHIELM Clark of RL xF tawe X OrlIIIIwter.Public Works(M) 01 cent"t. Ride Lierly(313.2348) cc Reowder(via Clerk)then PW Records X Laws,Real Properry Los"P. Cher,CDD Redevolopmrnt Cbriatine LaWa rwAL R.es+anal Aoarney BevelWhent Teem Low McDonald`:Caeparrtien Golden Arch Limited Puwasl ip McDonald's Plana,Oak Brook.1L 6DS21 Recorded at the request of. CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION Areas Bay Point Road. Bailey Road Co.Road No: 4961 Project: McDonald's Restaurant Assessor's No: 097-270-061,062,063,073,067 and 069 Space above for exclusive use of Recorder. DEFERRED IMIPROVENIENT AGREEMENT (Project: DP 3056-95) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford Golden Arch Limited Partnership, a Delaware Public Works DirectorLimited Partnership, by Arch Realty Corporation, d.b.a. Delaware Arch Realty Corporation, a B Delaware Corporation, in its Capacity as r eral Partner and on Behalf of Golden Ar rw Partnership �? Vk co By: y: ervices Division Catherine A. Griffin t r FOEM APPROVED: Victor J. Westman, . . County Counsel (NOTE: this document is to be ac th signatim as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Cor- porations Code 5313.) (see attached notary) 1. PARTIES: Effective on _ May 6, 1997 .the County of Contra Costs„hereinafter referred to as"County"and McDonald's Corporation hereinafter referred to as"Owner"mutually agree and promise as follows: 2. . PURPOSE: At such ft ure time as the County decides to go forward with the undergrounding of the utilities,owner agrees to contribute the amount of Five Thousand Dollars,upon demand from the County,toward the costs of the project. 3. A_GREENMR4T BINDING ON SUCCESSQRS IN INTEREST: This agreement is an instrument affecting the title or possession of the real propety described in Exhibit"A".All the tams,covenants and conditions herein imposed are for the benefit of County and the real ` property or interest therm which oonsti u m 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 agreernent shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agmemea Upon wi mation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A",shall fulfill all the terms ofthis 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. s:�i.�osass.cs GOLDEN ARCH LIIVII m PARTNERSHEP STATE OF ILLINOIS ) SS: COUNTY OF DUPAGE ) I, Wanda R. Jones, a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Catherine A. Griffin, Department Director of Golden Arch Limited Partnership, a Delaware limited parternship, by Arch Realty Corp.,a Delaware corporation, as general partner who is personally Down to me to be the same person whose name is subscribed to the foregoing instrument as such Department Director appeared before me this day in person and acknowledged that he signed,sealed and delivered the said instrument as his free and voluntary act as such Department Director and as the free and voluntary act of said corporation for the uses and purposes therein set forth. �+wwww S Given under my and notarial seal,this April 17, 1997. OFFICIALEAL1NANDA R JONES NOTARY PUBLIC,aTATI OF ILUN019 My commission expires Notary Publi .01/37/01 ACKNOWLEDGMENT•INDIMUAL STATE OF ) SS: COUNTY OF ) I, , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that and of who (is)(are) personally known to me to be the same person(s) whose name(s) (isXare) subscribed to the foregoing instrument appeared before me this day in person and acknowledged that (he)(sheXthey) signed, sealed and delivered the said instrument as (hisXher)(their) free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal,this day of , 18 My commission expires Notary Public ACKNOWLEDGMENT-CORPORATE STATE OF ) SS: COUNTY OF ) I, a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that , President and Secretary of a(n) corporation, who is personally known to me to be the person whose name is subscribed to the foregoing instrument as such President, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such President and Secretary respectively and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal,this day of 18 My commission expires Notary Public 4 _ I 1 I 4, STt E T AM DRAINAGE IM 999 EMS: A The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manner sat forth in this agreement The deferred improvements required by County Department of Public Works erre generally described on Exhibit "B"attached hereto. Each of mid improvements relate to the use,repair,maintenance or improvement of,or payment of taxes,special assess- merits or fees on,tare property described in Exhibit"A". B. When the County Public Works Director dexermiries that there is no hither reason to defer construction of the improvements because their omistruction 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 dew ibe 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 exist of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cast of a facility provided by others,the notice shall include the amount to be paid and the time when payments must be made. S. PERFORMANCE OF THE WQRK. 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 pans legally qualified to do the work and to submit said improvement plans and specifications for approval prior to commencement of the wok described in the notice and to pay County improvement plan review and inspection fee. 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 successors)in interest fails to construct any of the improvements required under this agrreement,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 attorneys fees,coats 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 becotne 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 PLA2+II 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 fortnation of a local improvement district,if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW QF REOUIREMMS. 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. S. ACCEPTAHM OF IMPRQVF"h='A?TS. 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 resporisibility for the proper finctioni ng thereof,to submit plans to the appropriate County agency for review, ifrequired,and to maintain said improvemerits and facilities in a manner which will preclude any hazard to life or health or damage to adjoining Property 9. Bim. Prior to County approval of improvement plans,Owner may be required to execute and deliver to the County a faithful pe tformatnoe bored and a payment bond in an amount and farm 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 finrnishmg labor and materials in the performance of the work. 10. DL R.ANCR Owner shall maintain,or shall require any contractor engaged to perform the wordy to maintain,at all times during the perkrmance of the words called for herein a separate policy of insurance in a form and amount acceptable to County. 11. DDEMMY. The Owner shall defend,indemnify+and save harmless the County,it's officers,agents and employees, expense,liability or payment by reason of injury(includingdeath to persons or dame to P y act from every including passive negligence or act of nes ) P developer, pro`P�suffered through any act or omission, glige;ncx,or both,of Owner,his odevel contractors subcontractors,employes,agents,or anyone directly or indirectly employed by any of these,or arising in any way from work called for by this agreement,an any part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy,safety,use or nom-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. I u tRL3nw a:�vawsass.c� SITE: SAY POINT, CA 254 BAILEY ROAD L/C-. 004-2S77 ALL THAT CERTAIN REAL PROPERTY !SITUATED IN THE STATE OF CALIFORNIA, UNINCORPORATED AREA OF CONTRA COSTA COUNTY, DESCRIBED AS FOLLOWS: BEING PORTIONS OF SECTIO]' 14, TOWNSHIP 2 NORTH, RAA!= 1 WEST, MOUNT � DIABLO SASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: � PARC, CBS t (PROPOSED McDOHAi+D'8 FEE PARCEL) BEGINNING AT A POINT IN THE EASTERLY SOMMARY OF THE LAND DESCRIBED �► IN THAT DEED FROM S. 0. MIMS, ST AL TO 0OSE M. GARCZA, ET AL, DATED FEBRUARY 25, 1949 AND RECORDED IN 'VOLUNS 1367 OF OFFICIAL RECORDS, AT PAGE 208, RECORDS OF CONTRA COSTA COUNTY, SAID POINT BEARING ALONG SAID LINE, NORTH 000 04' 49" RAST 86.80 FEET FROM THE NORTHWEST CORNER OF PARCEL A AS SHOWN ON THE RZCORD OF SURVEY FILED DECEMBER 11, 1973, IN BOOK 56 OF LICENSED SURVEYORS MAPS, PAGE 38, CONTRA COSTA COUNTY RECORDS; THENCE FROM SAID POINT, NORTH 890 23' 24" WEST 109.99 FEET; THENCE NORTH 00° 04' 49" EAST 33.14 FEET TO THE SOUTHEAST LINE OF CANAL ROAD; THENCE ALONG SAID LINE, NORTH 190 S7' 35" EAST 85.71 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 192.00 FEET; THENCE ALONG BASD CURVE THROUGH A CENTRAL ANGLE OP 381° 36' 5714, AN ARC LENS OF 129.40 FM TO A COMPOUND CURVE HAVING A RADIUS OF ISO-00 FEET: THENCE ALONG ,SAID CURVE THROUGH A CENTRAL ANGLE OF 310 00' 110, AN ARC: LENGTH OF $1.17 FEET1 THENCE NORTH 890 34' 43" EAST 69.81 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 10.00 FLEE I THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93° 04' 06*, AN ARC LENGTH OF 16.24 FEET To THE WESTERLY LINZ OF BAILEY ROAD AS ESTABLISHED BY THAT DEED TO CONTRA COSTA COMM RECORDED IN BOOM 19328, PAGE 320, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WESTERLY LINE, SOUTH 02• 38' 49" WEST 213.01 FEET; THENCE LEAVING SAID LINE, WORTH 890 23' 24" WEST 146.01 FEST; THE'N'CE SOUTH 00. 04' 49" WEST 13.99 FEET TO THE POINT OF BEGINMYNG. TOGETHER WITH ALL OF THE GRANTOR'S INTEREST IN THE BUILDING(S) AND IMPROVEMENTS NOW LOCATED ON THE PROPERTY, IF ANY, AND ALL OF THE GRANTOR'S RIGHT, TITLE AND INTEREST IN THE ADJOINING STREETS, HIGHWAYS AND RIGHTS-OF-WAY. E)MMIT "B" ES -DF 3056-95 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 Located along Bailey Road for Parcels 097-270-061, 062, 063, 073, 067, and 068, as described in Exhibit"A": 1. Payment of$5,000 to be used towards the undergrounding of the overhead distribution facilities along the frontage of Bailey Road. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The payment of the above deferred fee shall be paid as outlined in Item 4B of the agreement or when area wide undergrounding is performed. nwsw CONTRA COSTA Co Reeora is Office �+i Recording Requested By: STE'PH�, L WEIR, County Recorder Contra Costa County Public Works Dept. Construction Division Wedne97-00S05�..3-0C) s 255 Glacier Drive Y, MAY 14, 1997 10:13:45 Martinez,CA 94553 FRE $0.00; TtI Pd $0.00 Nbr-0000055733 Return to: lrc /R9 WHEN RECORDED,RETURN TO CLERK BOARD OF SUPERVISORS BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract for } and NOTICE OF COMPLETION Byron Airport Access Road ) (C.C. § 3086, 3093) pct No. 4875 - 6X53!27 --96 RESOLUTION NO. 97/231 The Board of Supervisors of Contra Costa County RESOLVES that: The County of Contra Costa on October 16, 1996 contracted with William G. McCullough Company, for construction of a new asphalt concrete road, miscellaneous drainage facilities, and removal of various structures at the Byron Airport, with ULICO Casualty Company as surety, for work to be performed on the grounds of the County, and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of February 28, 1997. Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on May 6, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None CERTIFICATION AND VERIFICATION N won 11*n AW onleiwl on Vo =7110* Contact: Joseph P.Murphy,(510)313-2321 $ r7aY� J�J Oft.Dept.: Public Works(Const.) PHIL SATCHEL Cirtie or tfN bird cc: Record and return asuvrve M8" Auditor . Public Works - Accounting - Construction, R.Bruno - Traffic. S. Kersevan Contractor JPKSLE:tt 0AC0NSrS018AR4t5 RESOLUTION NO. 2