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Home My WebLink AboutRESOLUTIONS - 01011998 - 1998-655 . 4 *7 Recorded at the request of: Conte Costa County Public Works Department Return to: Public Works Department Engineering services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on December 15, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaul.ni r, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None 98/655 RESOLUTION NO.: SUBJECT: Approving Deferred Improvement Agreement along Bixler Road for Subdivision MS 910039,Parcel C (APN 011-220-022),Byron area. The Public'Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Byron 78, as required by the Conditions of Approval for Subdivision MS 910039,Parcel C. This agreement would permit the deferment of construction of permanent improvements along Bixler Road located in the Byron area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the RLM.mw minutes of the Board of Supervisors on the Cf:itin0m\EMSvc\B0kl"6\a0 12-13w96.doc date shown. �y OrWaator:Public Works{ES} J 1 6 Contact:oataat: fticb lierly{313-2346} ATTESTED: L.. PHIL BATCHELOR, Clerk of the Board cc. »(via Title Co.)thou PW PAcor& of Supervisors and County Administrator B+ ,� ll—1 —–.6—m ae 4dieS=M Deputy Recorded at the rtquest of: Contra Costa County Return to: Public Works Department Engineering Services Division Records Section Area: Byron Road: Sixler Road @ Highway 4 Co.Road No: 9163 A Subdivision: MS 39-91,Parcel"C„ AP1ti: 011-220-022 DEFERRED IMPROVEMENT AGREEMENT (Subdivision MS 39-91,Parcel"C„) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford, Public Works Director BYRON SEVENTY-EIGHT a California general partnership 57 By: By: tmaintNw*i ,General Partner RECOMMENDED FORAPPROVAL: By: Services 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 trust con- form with dee designated representative groups pursuant to Cor- porations Code 5313.) (see attached notary) 1. PARTIES. Effective on haC,J! s� the County of Contra Costs,hereinafter referred to as"County”and BYRON SEVENTY-EIGHT,a Callfornis general partnership,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 O�vtier 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. me It MEW of OPTIMAL SECTION County of r 1 ...._...r,.. CAPACITY MAIMao sY sIONER, " Thocio stiff"dogs not r"uko the to o� , f.� . ' LI Win dWd*1*bd0W#dohV so ms Val u&Me to PWOOM MykV on the document Ply appeared f!41? Q iNDIVIDUAI. 0 CORPORATE OFFICER(S)CI pwwn*known to me-OR- avidsd to me on iiia bok of evidence to be the pmon(s)whose name(s)Were suWatood to#re within instrument said is PARTNER(S) E3 tsraM adviowled�ed to me Mat hei%helthay 0 GENERAL executedthe aurae in hm w Atwr A.;.6� NstwMiel�r sj an that by 0 A - At;T DTR 114"i`�►riy ; he 0 �K : kwtrument the n(s)or the entityvATOR .► ••••• �;: upon behaM"of iii the persons) 0 OTHER: ►s �`# t;.1 a acted.executed the instrument 4r '' :` ;'; ►°� WTTN hand srujAlow seal, t ENTM: NOTARY t tr•t�rtN�y�jt�N�"*Y" r ...�.. OPTX*&SECTION THIS CERTIFICATE MUST"BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES_DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED!ABOVE 11111111111111 RIO 1111111111111111111111111111111 41NOW Mw•ww•tw w+urw ` .t INURUMNS TO NOTARY The followim information is pmvided in an effort t+oexpedite rap of the documents. ttnatures*01red on documents must comply VA tve folWng to be acceptable to Contra Costa County. L fQ$,ALLE -The name and interest of the sl rw should be typed or printed DEN;;,M the mature. The name must t)e signed exactly as it is typed or printed. U. 8jGtj0property �i OR ALS•"i he name must be signed y as 1t Is punted or typed, The signer's interest In the 111. �N � ' MM8-Sipr*W party must be eltlner a generat'partner or be authorized in wd&v to have a nor an a partnersh . IV. PORATIONS men ou OE 'n iWiID offlosm,one from each of the folkwft two groups: Y GROUP 1. a The Chair of the Board The President C Any 1President GROUP 2, a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer n # �res� of office m each of the above two grouuffice ��p*do rut appear on the rumen a copy of a resolution of the currently valid power of at#�sy, taredwgisxumertt to execute Instruments of in ues6or�is required. A erMvot�v,onry.wrw RE: Subdivision MS 39-91 (Parcel "C") EXHIBIT "A" All that real property situated in the County of Contra.Costa, State of California, described as follows: All of Parcel "C," as shown on the parcel map of Subdivision MS 39-91, on file at the County Recorder's Office as follows: Date: Book: Page: Mpomw / a G:tGrpDr&\Fx4Svc\J0SEPH\Jan99\ms39.41.a,pd 1, , , Subdivision MS 39-91 (Parcel Q I oft 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 Bixler Road, for Subdivision MS 39491,Parcel C,described in Exhibit"A"and Parcel D,described in Exhibit"C": Prior to release of the grant deed of development rights by the County for Parcel C,Owner shall satisfy, complete, construct or bond the following improvements in accordance with Contra Costa County Ordinance Code Title 9,County Ordinance Specifications and Design Standards: A. Construct curb, six-foot sidewalk(width measured from curb face),necessary longitudinal and transverse drainage, pavement widening and left turn lanes for each project access along the Parcel C frontage. The face of curb shall be 40-feet from the centerline of Bixler Road. B. Construct necessary longitudinal and transverse drainage, and pavement widening along the frontage of Parcel D. The pavement width shall be 32-feet minimum. C. Underground all utility distribution facilities,including the existing distribution facilities along the Bixler Road frontage of Parcel C only. D. Install street lights along the Parcel C frontage of Bixler Road only. E. Furnish proof to Public Works of the acquisition of all necessary rights of entry,permits and/or easements for the construction of off-site, temporary or permanent road and drainage improvements. F. Submit improvement plans prepared by a registered civil engineer,pay review and inspection fees, and provide security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Public Works Department. - G. Provide adequate comer sight distance based on a design speed of 55 miles per hour at the project entrances on Bixler Road,in accordance with Caltrans standards. H. Submit landscaping plans to Public Works and pay the plan review and inspection fees. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection. I. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefits and the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors, J. If warranted,build a signal at the intersection of State Highway 4 and Bixler Road. If signal is not warranted,contribute 7%of the cost of the signal to a Road Improvement Fee Trust(Fund No. 819200-0800). The interconnect between Bixler Road and Discovery Bay Boulevard shall be included in the cost of the signal. Subdivision MS 39-91 (Parcel C) 2 oft 0MIBIT "B" K. Comply with the drainage fee requirements for Drainage Area 109 as adopted by the Board of Supervisors. SUPPLEMENTARY REQUIREMENTS A. Any necessary relocation of utility facilities shall be the responsibility of Owner or Owner's agent,for such utility facilities which serve Parcel C and are required to be relocated as part of improving the frontage of Parcel C. B. Construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when Bixler Road is constructed to ultimate planned width by the County or by an assessment district, provided that Owner shall be compelled to share in the cost of the constructed improvements only at such time as Owner has applied for and received a building permit for Parcel C or an assessment district has been formed by the County for purposes of the planning, installation and construction of the improvements,whichever first occurs. C. The Land described in Exhibit"A"lies within the 100-year flood boundary as designated on the Federal Emergency Agency Flood Rate Maps.The requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance pertain to future construction of any structures on this property. D. 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 Parcel C shall pay all of the costs. ID;mw:fp G:\GrpD&u\En&Svc1J0SEPH\M&rch WEX-PARCEL C 39-91 wpd