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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-656 Recorded at the request of: Contra 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, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/656 SUBJECT: Approving Deferred improvement Agreement along Bixler Read and Highway 4 for Subdivision MS 910039,Parcel B (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 B. This agreement would permit the deferment of construction of permanent improvements along Bixler Road and State Highway 4,which are 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 O:ZrpDat&MVSvc\B0\l99Va011-15-98.doc date shown.orksiaator:Public works(ES) ATTESTED. )Lee�� caataet: Rich Liarky(313-vas) 'HIL BATCHELOR, Clerk of the Board cc: Racarder(via Tide Co.)dmPWRecords of Supervisors and Cou9V Administrator By �&.kr..a . ) Deputy Recorded at the request of: Contra Costa County Return to: Public Works Department Engineering Services Division Records Section Area: Byron Road: Bixler Road @ Highway 4 Co.Road No: 9163 A Subdivision: MS 39-91,Parcel"B" APN: 011-220-422 DEFERRED IMPROVEMENT AGREEMENT (Subdivision MS 39-91,Parcel"B") 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 By: By: MW No.),FJV t;q 4,V X. �%,D,�oGeneral Partner RECOMMENDED FOR APPROVAL: By: 'Ievele Services Division FORM APPROVED: Victor J. Westman, County Counsel (NOTE: this document is to be acknowledged with signatures as they appear on dead of title. If Owner is incorporated,signatures must con- form with the designated representative groups pursuant to Cor- porations Code 5313.) (see attached notary) j`� I. PARTIES. Effective on_[..C92 I ALA t� ,the County of Contra Costa,hereinafter referred to as"County"and BYRON SEVENTY-EIGHT,a California 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 terns,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 shalt 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 terns of this agreement shall apply separately to each parcel,and the owner of each parcel 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 thotigtt Owner had contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. iiI NUN=� 3i state Of z:9t 2d OPTION&&ECT" county of Ulf1'14-"t"LM___ _ �, j � CAPJ►CM CL UMED e"Y s IGNM IQ amt sg..Mbefore PM MEW v�"• ��'�� 0In the Data bd*wit,dit so �y � } iAR�iiib6a �ieNV0" ft OB the pemonaly 6ppewared WANKM�.?• p r},}pryrpUJU. 0 CORPORATE OFFICER(S) E3 pe monsily kncmn to me-OR- to me on the book of saftfadorY evidence to be the (s)whose name(s)blare aftorbed to tha within Irtbument and p PARTNERS) O UMITED , `t�, ��r acknowledged to me that hefahelthey C]GENERAL M , the same h hi6lherRheir p ATTORNEY-WACT ` '+ �' •• , +, ),and itr6t by C3 TRUSTEE($) .`` �. . t6 o s!'•. ,+ hkAwitheir signatures)on the: pGUARDIAN VATOR pTk '+ ,' lnstrume6ntthe parson{s)or entity p OTHER: +tt "�r upon behalf of which the pe tson(s) d actK amuted the instrument ,'• 1,' , WITNESra my hand and 0661. is ENTING: swoop -01 1 4066"To" Q y�qt*• r ... ♦ wA•'�� OPTIONAL 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 �..w.tr..l I r 1*1UK THAN NAMED ABOVE t.i.rww«rr.rYrrw+Wy+p.+uM+ ., awwww���w.w w.rrra 1NSTRU0719142MN91ARY The following information is provided in an effort thopedits of the documents. Signatures required on documents must comply with following to bng e acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed IENgM the mature. The name must De signed exactly as it is typed or printed. 11. �M©UALS-The name must be signed exactly as It Is printed or typed. The signer's Interest In the proper mu s a 161. SIS ,�" �S-ft party must be either a general•partner or be suthcatzed In to have a nor s ie prartne p. 111. jlQfA�iT aES FOR CORPORATIONS Lxmnlents should Do signed by two onwers,one from each of the following two groups. GROUP 1. a The Chair of the Board The President c An y we-President GROUP 2. a The Secrets c TThhe Chief Financial O cer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the Instrument a certified copy of a resolution of the Board of Directors authorizing the person signing the kIstrument to execute instruments of the type In quedon is required. A currently valid power of attorney,notarized,will suffice. Subdivision MS 39-91 (Parcel B) 1 of4 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 and State Highway 4, for Subdivision MS 39-91,Parcel B,described in Exhibit"A": Prior to release of the grant deed of development rights by the County for Parcel B, Owner shall construct or bond the following improvements in accordance with Contra Costa County Ordinance Code Title 9, County Ordinance Specifications and Design Standards: A. Bixler Road: 1. Construct curb, six-foot sidewalk (width measured from curb face), necessary longitudinal and transverse drainage,pavement widening and left tum lanes, for each appropriate project access along the frontage of Parcel A(if not already constructed)and Parcel B. The face of curb shall be 40-feet from the centerline of Bixler Road. 2. Construct a half width median island (including surface treatment, landscaping and irrigation)along the frontage of Parcel A(if not already constructed)and Parcel B. If the median improvements cannot be constructed at the intended time with Parcel B, Owner shall contribute the estimated cost of the work to a road improvement fee trust(Fund No. 819200-0800)designated for road improvements to Bixler Road. 3. Construct right-turn deceleration lanes on northbound Bixler Road at the approaches to the commercial site accesses. 4. Provide bus turnouts and dedicate rights of way for bus turnouts and shelters at locations designated by the Tri-Delta Transit Authority,subject to the review of the Public Works Department and the approval of the Community Development Department. Proposed bus shelter placement shall be clear of the sidewalk area. Provide pedestrian access between the project site and the bus stop. B. State Highway 4: 1. Construct curb, necessary longitudinal and transverse drainage, necessary pavement widening to accommodate two eastbound lanes,two westbound lanes,a right turn lane onto Bixler Road, a left turn lane and an additional deceleration lane for right turn project ingress along the frontage of Parcel A(if not already constructed)and Parcel B. The face of curb shall be 45-feet from the ultimate centerline of State Highway 4,except in the vicinity of the right turn lane and the proposed deceleration lanes. 2. Construct a half median island(including surface treatment, landscaping and irrigation) along the State Highway 4 frontage of Parcel A(if not already constructed)and Parcel B. If the median improvements cannot be constructed at the intended time with Parcel B,Owner shall contribute the estimated cost of the work to a road improvement fee trust (Fund No. 819200-0800)designated for road improvements to Bixler Road. Subdivision MS 39-91 (Parcel B) 2 of 4 EXHIBIT"B" 3. Physically restrict the accesses along Highway 4 to right turn ingress and egress only, subject to the review of the Public Works Department, and review and approval of Caltrans. Only two entrances to Highway 4 shall be allowed for this Minor Subdivision, excluding the maintenance access to Kellogg Creek. C. Construct a pedestrian trail to the property to the east,at Newport Drive, including a pedestrian bridge across Kellogg Creek.The design and location of the pedestrian trail shall be subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. 1. The project design shall accommodate convenient pedestrian movement for the public through the project,between Bixler Road and the pedestrian trail,to the Discovery Bay community. 2. Maintenance of the bridge and trail west of the bridge shall be Owner's responsibility until responsibility for maintenance is assumed by the appropriate lighting and landscaping district. 3. Maintenance of the trail east of the bridge shall be by County Service Area M-8. 4. Owner shall work with the Discovery Bay community, such as the Discovery Bay Municipal Advisory Council and the property owner to the east, on the location of the pedestrian connection to the Discovery Bay community, east of Kellogg Creek, and coordinate with the State and Federal regulatory agencies on routing the pedestrian trail between Parcel B and Kellogg Creek. 5. If,at the time of issuance of building permits for Parcels B or C,whichever is later,or 10 years after the filing of the Parcel Map, whichever is latest, property rights or an easement for the trail on the east side of Kellogg Creek cannot be obtained and the Discovery Bay Municipal Advisory Council has not identified a feasible trail route,then the Board of Supervisors may waive the requirement to construct the trail and the bridge. The pedestrian path shall not be located along Highway 4 unless the issue is returned to the Board of Supervisors for approval prior to the end of the period described above. D. Provide at least 15 additional parking spaces more than those required for the retail center to provide a park-and-ride lot near the State Highway 4/Bixler Road intersection, subject to the review of Caltrans and the Public Works Department and the approval of the Community Development Department. E. Provide for adequate truck turning movements at the service road driveway connections for the proposed commercial area. F. Underground all utility distribution facilities,including the existing distribution facilities along Highway 4 and Bixler Road frontages of Parcel B. f RE: Subdivision MS 39-91 (Parcel "B") EXH BIT "A" All that real Property situated in the County of Contra Costa, State of California, described as follows: All of Parcel "B," as shown on the parcel map of Subdivision MS 39-91, on file at the County Recorder's Office as follows: Date: Book: Page: kve JD:pe:mw GAGrpDam\FWp- V0SEPHllan 98\M&39-91.wpd rr-tom►,-�►�< � Subdivision MS 39-91 (Parcel B) 3 of 4 E)GIIBIT "B" G. Install street lights along Bixler Road and Highway 4 frontages of Parcel B. H. Furnish proof to the Public Works Department,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. 1. 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. J. Provide adequate corner sight distances based on design speeds of 55 miles per hour at the project entrances on Bixler Road and 65 miles per hour at the project entrances on Highway 4, in accordance with Caltrans standards. K. 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. L. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit and the Eastern Contra Costa Subregional Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors. M. Obtain an encroachment permit from Caltrans for construction within the State right of way. N. If warranted,build a signal at the intersection of State Highway 4 and Bixler Road. If signal is not warranted,contribute 13%of the cost of the signal to a road improvement fee trust(Fund No. 819200-0840). The interconnect between Bixler Road and Discovery Bay Boulevard shall be included in the cost of the signal. O. Provide adequate on-site parking facilities for construction workers so they will not park on State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site via Bixler Road,not State Highway 4. P. Reimburse Centex Homes,a Nevada General Partnership,for any road improvements along the frontages of State Highway 4 and Bixler Road of Subdivision MS 39-91,Parcel B,constructed at Centex Homes' expense. Q. Comply with the drainage fee requirements for Drainage Area 109 as adopted by the Board of Supervisors. Subdivision MS 39-91 (Parcel B) 4 of4 EXHIBIT "B" 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 B and are required to be relocated as part of improving the frontage of Parcel B. B. Construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when Bixler Road and Highway 4 are constructed to their 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 B 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 1001-year flood boundary as designated on the Federal Emergency Agency Flood Rates Maps.The requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance pertain to the future construction of any structures on this property. JD:mw GAGrpDaulEn$SvcV0SEPHW&mh 98\EX-PARCEL 5 79-91.wpd