HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-657 Recorded at the request of:
Contra Casts County
Public Works Departntent
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, De5aulnier, Canciami.11a, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 98/657
SUBJECT: Approving Deferred Improvement Agreement along Bixler Road and Highway 4 for
Subdivision MS 910039,Parcel A(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 A. 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
minutes of theSo rd of Supervisors on the
Rt.:7D:mw date shown.
(AGfpD&ft\ �svciBMl"8\Bo 12-15-99.aoc
ATTESTED:
ContOrWact: Rich
erly 313-2 PHIL BATCHELOR, Clerk of the Board
coat,�t: RichLierlv(3t3-zs.$) of Supervisors and Ccwnty Administrator
cc: Recorder(via Title Co.)then PW Records
By Jlj a L�J _�_ o_ g2 Deputy
Recorded at the request of:
Contra Costa County
Return to:
Public Works Department
Engineering Services Division
Records Section
Area: Byron
Road: Butler Road Qa Highway 4
Co.Road No: 9153 A
Subdivision: MS 39-91,Parcel"A"
APN: 011-220-022
DEFERRED IMPROVEMENT AGREEMENT
(Subdivision MS 39-91,Parcel"A")
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:
General Partner
RECOMMENDED FOR APPROVAL: Rt`4�w ,� , " � �bd l
By:
n ervices Division
FORM APP OED:
Victor J. Westlnan, County Counsel (NOTE: this document is to be acknowledged with signatures as they appear on deed of
title. If Owner is incorporated,signatures must conform with the designated representative
groups pursuant to Corporations Code 5313.)
(see attached notary)
1. PARTIES. Effective on . 1, T 7 ,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 terms,covenants and conditions herein imposed are for the benefit of County and the Beal 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 succeawrs in interest of Owner. Upon sale or division of the property described in Exhibit"A",the tenrtss 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
Brough Owner had contact with such city originally. Any annexing city shall have all rights of a third party beneficiary.
State of OPT1f6'NAL sl cTIoN
County of 1` - CAPAC"CLAIMED BY SIGNER
On me OA.
{i �dna la berle� m***ths
V Valu"to Perea"mykv on#
pmonally appeared,-.-6404 arm0 WDMDUAL
C]CORPORATE OFFICER(S)
E3 personally known to me-OR-12 prsMded to me on Ow boors of eadalactoty
stikdence to
be the person(s)whose names)islare
suWWbed to the within kistnument and 0 PAR'tNERM /O f/.yl����"�ED�
Py*iyMtatPttiFil,Pi ancisnowledged o M*that he/itle e� 0 GENERAL
•`'�' � ` d'r�t�• executed the am*In hhftw~
authorized capewA"n),w d that by 0 ATTORNEY-N-FACT
�r�r►�"� Mist err hair oWnsttse(s)on the 0 TRUSTEE(S)
yt MITA �
lhatrumentthe s}or the entky d OTHER:
i • «.�+s ' ' upon b"of which person(s)
Vol : t► act64 executed the Instrument44#9i.to
sie `�'" "" "� WITNESS nW hand and official$eal, w�NORIS REPRESENTING:
�, ......•• Hca
tt*itilttteat " `
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
1M�ir�tMPaiwPi�.Ptqi./PxY.
THAN NAMED 106W-
ltutprtw"WirYitprwrtytr."w
Mr�+.wKwrww�t..ri..
j(+AMUCTIONS TO NOTARY
The following Information Is provided In an effort to smedits proossift of the documents.
Signatures required on documents must comply wfith Iii following to be acceptable to Contra Costa County.
L FOR ALL Slat JATURES -The name and Interest of the signer should be typed or printed BgNgM the signature. The
name must be signed exaciliy as it is typed or printed.
Il. '�§ ��t :Tule game must be signed exady as It Is printed or typed. The signeris Interest In the
property mus r stalea.
.
01. &GUMBA FOR PARTNERSHI S-ftrft party must be saner a generarl°partner or be atftdzed In vM&Q to have
uve aurmomy to sign Tor and txno tine parfnersh .
IV. §lGNA RES FOR CORPORA
. aiv�-nbe wiciiesw W- Ricers,,
one from each of the followdng two groups:
GROUP 1. 1a The Chair of the Board
The President "
c Any Viae-President
GROUP 2. a The Secretary
b An metary
c The Chief Financiaall Officer
TheAssistant Treasurer
If algnatures of officers from each tris above two grow do not appear on the Instnume a oertiileeci Co of a resolution of the
So ard of Directors auithod;dng the person sign&vg the instrumentlo execute instruments of the type in question b required. A
currently valid paver of attorney,notarized,will sr.rffim.
■;terw„ntgt,rrP«r
RB: Subdivision MS 39-91
(Parcel "A")
EXHIBIT "A"
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of Parcel "A," as shown on the parcel map of Subdivision IVIS 39-91, on file at the
County Recorder's Office as follows:
Date:
Book:
Page:
G:IGrpDatalEnSSvcV0SEPH\Jan 98VW9-41. f /497
_
Subdivision MS 39-91
(Parcel A)
1 of 3
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 A,described in Exhibit "A":
Prior to release of the grant deed of development rights by the County for Parcel A,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. Bixler Road:
1. Construct curb, six-foot sidewalk (width measure from curb face), necessary
longitudinal and transverse drainage and pavement widening and along the frontage of
PareeI A. The face of curb shall be 40-feet from the centerline of Bixler Road.
2. Construct a half width median island along the frontage of Parcel A(including surface
treatment, landscaping and irrigation). If the median improvements cannot be
constructed at the intended time with Parcel A, 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.
B. State Highway 4:
1. Construct curb, necessary longitudinal and transverse drainage, necessary pavement
widening to accommodate two eastbound lanes,two westbound lanes,a left turn lane
and a right turn lane to Bixler Road, and additional deceleration lane for right turn
project ingress.The face of the 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
lane.
2. Construct a half width median island (including surface treatment, landscaping and
irrigation) along the frontage of Parcel A. If the median improvements cannot be
constructed at the intended time with Parcel A, 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. 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.
4. Obtain an encroachment permit from Caltrans for construction within State right of way.
C. Underground all utility distribution facilities,including the existing distribution facilities along
the Highway 4 and Bixler Road frontages of Parcel A.
D. Install street lights along the frontages of Bixler Road and Highway 4 of Parcel A.
Subdivision MS 39-91
(Parcel A)
2 of 3
EXHIBIT"B"
E. 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.
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 for adequate corner sight distances based on a 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.
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.
1. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County
Area of Benefit 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 5%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, if
required, shall be included in the cost of the signal.
K. 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.
L. 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 A,constructed
at the expense of Centex Homes.
M. Comply with the drainage fee requirements for Drainage Area 109 as adopted by the Board of
Supervisors.
Subdivision MS 3991
(Parcel A)
3 of 3
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 A and are required to be relocated as part of
improving the frontage of Parcel A.
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 A 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 Date Maps.The requirements of the Federal Flood Insurance
Program and the County Flood Plain Management Ordinance(Ordinance No. 87-65)pertain to
future construction of any structures on this property.
JD:mw
GAGrpD&ta%EngSvcVOSEFH'%Mzrch 98TX-PARCEL A 39-91.wpd