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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-280 Recorded at the request of Contra Coats County Return to: Public Works Department Records section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 3, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.. 97428 SUBJECT: Approving Deferred Improvement Agreement along O'Hara Avenue for Minor Subdivision 9-96 (APN 034-060-004), Oakley area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Klare DaValle(aka Clara Kightly,Nello Ghilarducci Jr., Dina Holder, and Linda Ghilarducci), as required by the Conditions of Approval for Minor Subdivision 9- 96. This agreement would permit the deferment of construction of permanent improvements along O'Hara Avenue which is located in the Oakley area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I Wft am*M ft to a Due ane eonrot oq d en now MOO ana wow on raw. MMM"°+Ci N; Of RL:M:tnw Al l P IL Mk,rCMELOR OMA!of 11N board g:\engsvc\bo\bo6-3 of aww wira&owed 6ountyr Originator. Public Works(ES) Contact: Rich Lierly(313-2348) cc: Recorder(via Title C o.)then PW Records Current Planning,Community Development Mare DaValle,(aka Clara Kightly,Nello Ghilarducci Jr.,Dina Holder,and Linda Ghilarducci) 143 Loren Lane,Oakley,CA 94561 .. � R000rdedat the of. CONTRA COSTA COUNTY Repan to: PUBUC WORKS DhPARTMENT ENOINEERING SERVICES DIVISION RECORDS SECTION Gla. Road: ems' rirH.4_ - Co.Road No: Uy Gi t Project VK S 9-4 P Assessor's No: 0 3 q - 0"- e oc6. Spaoe above for culusive use ofR=rder. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMMM HERETO: CONTRA COSTA COtII : ( ) J. Michael Watford Public Warta Director vA L r �_ aLt Ic VAL: No at t u4te $y: " 'ces Division �. tiw i4ht�+..► M Victor J. Westman, L1/ 6+ste�+cWscs County Counsel (NOTE: this document is to be acknowledged with signatures as they appear on deed of title. If Owner is hx=porated,signatures must conform with the desig- naWrepresentative groups pursuant to Corporations Code S313.) (see attached notary) t. reVD cn - the Coin►of Contra Ccists„t�ereinsitee V*nVd to as'Camty'and haireim�dleir rd +ad b aras"Owaes" agree sod promise as follows: NLtiO ti�itt�ta'fiNr'rt�,JR � 'D� QrFiii u�cs• N+�t�, !ra' �! 6i�u I+ti+iu 2. EUBEMOwner deaiee I to davaiop the prapaty he awns ss d&s ibed in ByddMt'A'attsobed bard*and wishes to defer coo ifte- tian ofMinanent impiomnen s,and County sprees to such defimmutifOwneroonstrnets improviainoulan herein praraii I 3. AMD=ON MCGEMM IN RECEM "This agreement is an instrument affecting the title or possession of the real property described in Bxhibit'A".All the tams,covenrssts sod conditions ha 2-nm-oared are Rrr the benaat of Cocitity and the real or it"Vat them which dse ` upon and inure to the ba diit of the land Pdanibed� in 'A"and the�s in of'Owner� pw sale or drvisian of&a property described in Bxhibrt'A",the urm of this arveme at shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligatkas hoposed on Owner by this Upon armcation to any city.Owner,or theca who summed him as ovmw of ft aty demx§W in Exinbit'A',shall fblfill all the teams of the demand by such airy as though Owner had amisot with wrap city aig ally. Any moting city shall have all rias of a third party RE: MS 9-96 EXMBIT MAN All that real property situated in the County of Contra Costa, State of California, described as follows: All of parcel "A" and "Designated Remainder", as shown on the parcel map of Minor Subdivision 9-96, on file at the County Recorder's Ofl:ice as follows: Recording nate: Book: Page: JD:mw SAenpve4owphMr9-%A2 RE: MS 9-96 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 O'Hara Avenue for Marcel"A" and"Designated Remainder," as described in Exhibit "A": 1. Relocation of the existing well from south of the existing second residence to outside of the ultimate O'Hara Avenue right of way. 2. Approximately 1,042 square meters(11,220 square feet) of street paving to pave from the existing pavement to four meters(13*feet) east of the ultimate road right of way line, for a half-width of 12.8 meters (42f feet). 3. Necessary longitudinal and transverse drainage. 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 and 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. O'Hara Avenue is constructed to its ultimate planned width by the County or by an assessment district. 2. Development of the"Designated Remainder" 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 owner of the"Designated Remainder" shall pay 100 percent of the cost and the owner of Parcel"A"' shall pay nothing. m 5:1WWvc1jw*0W2 ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of .*.,,LL1Z:::L4.aLA_'_) On �-1? - �`� before me, Date N e and Title of officer (i. ., Your Name, PotazyOblic) personally appeared ., &A,VILL z2_L' t4C L;�Wj Name(s) of Document Signer(s) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(a) ishtre subscribed to the within instrument and acknowledged to me that lyre/she/4tey executed the same in /her authorized capacity(iae), and that by hWherAheitr signature(z) on the instrument the personK, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. COMM.#1002593 J '•,:i �i� -;. NOTARY PUBLIC.CAUFORNIA �.j '�;}+r� 'y; LOS ANGELES COUNTY r+ Signature of- kotairymy Comm.E)01;s Oct.29.1997 (Affix seal in the above blank space) ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of On � before me, Date Name and Title of officer (i.e., Your Name, Notary Public) personally appeared /Vf�J/d / �'tr r���' c�- L-;"16'4 ilalz( m"l tt- Name(s) of Document Signers) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. L DEOR NotM Public-Calfomic CONTRA COSTA COUNTY My Comm.EOrw NOV 21.1997 signature dfNotary ��1r (Affix seal in the above blank space)