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Home My WebLink AboutRESOLUTIONS - 01012000 - 2000-461 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 26, 2000 by the following vote: AYES: SUPERVISORS GIOIA, G ER, AND CFiNCLAMILLA NOES: SUPERVISOR UILKEMA ABSENT: SUPERVISOR DESAULNIER ABSTAIN: NONE RESOLUTION NO.: 000/461 SUBJECT: Approving Deferred Improvement Agreement along Oakvale Road for Subdivision MS 50-91 (APN 175-120-013), Walnut Creek area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Trilogy Homes, a corporation, as required by the Conditions of Approval for Subdivision MS 50-91. This agreement would permit the deferment of construction of permanent improvements along Oakvale Road which is located in the Walnut Creek 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 the Board of Supervisors on the date shown. :\ GGrp:\GrpDatalEngSvc\Bt3\20001Bo 9-26-OO.doc ATTESTED: SEPTEMBER 26, 2000 Rev.May 26,1949 PHIL BATCHELOR,Clerk of the Board of Supervisors and Originator:Public Works(ES) County Administrator Contact: Rich Lierly(313-23i-8l cc: Recorder(via +� � %d then PW Records Trilogy Homes,10 Valley Drive,orinda,CA 44563 By7%^ Deputy , or RESOLUTION NO.: 2000/461 r s , Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineenng Services Division Records Section Area: Walnut Creek Road: Oakvale Road Co.Road No:3755A Project: MS 50.91 APN: 175-120-013 DEFERRED IMPROVEMENT AGREEMENT (Project: MS 50-91) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY Qom: (See note below) Maurice M. Shiu, Public Works Director Trilogy Homes, a corporation � r By: Isianaturo) Bradley J. is, President R.ECOMME?IDED FOR APPROVAL: By: Engi Bring Services Division FORINT 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 must conform with the designated representative groups pursuant to Corporations Code§313.) (see attached notary) 1. PARTIES. Effective on SFS SER 26, 20 ,the County of Contra Cotta,hereinafter referred to as "County"and Trilogy Homes,a corporation,hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PUMOSE. 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 Owner by this agreement. Upon annexation to any city,Owner, 'hose 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 igh Owner had contract with such city originally. Any annexing city shall have all rights of a third panty beneficiary. Minor Subdivision 50-91 EXHMIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A, B, and C as shown on the parcel map of Subdivision MS 50-91 on file at the County Recorder's Office as follows: Date: Book: Page: JARku G:\GrpDxralEn&SvcJorje',2000'NI&rc)a'M S$091 hG 12.doc 0v.Aujum 30,1999 j"1 _ t CALIFORNIA ALL-PURPOSE ACICW 'OLEDGEMENT State of ti�f�\i Y`� X CA_ OPTIONAL SECTION County of z tn, ,�{ ". "�' �y CAPACITY CLAIMED BY SIGNER On L' before me, m G e Asn n kt:[ t'i.L' Ir-tO r'1 Though statute does not require the Notary to fill ATI; NAt.>E,TITLE OF OFFICER E O.'3ANE DOE.NOTARY PUBLIC* in the data belo%,doing so may prove invaluable personally appeared_ � �',� ..� �,ReA_CJ k 1.5 to persons relying on the document. NAME(s)OF SIONER(S) INDIVIDUAL personally known to me-OR-C provided to me on the basis of satisfactory evidence to ,g CORPORATE OFFICERS) be the person(s)whose name(s)is/are P re`- ° `•l'r : subscribed to the within instrument and TITLE{s) WACEANN ANDSMON acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED # the the same in his/her/their authorized 0 GENERAL Nalay,(ubk-CalfaMIC uparity(les),and that by his/her/thew 0 ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or 0 TRUSTEE(S) the entity upon behalf of which the person(s) GUARDIAN/CONSERVATOR My Ct imm.DO=1 A 31.�2 acted,executed the instrument. OTHER: ITNESS=handd of cial seat, SIGNER I5 REPRESENTING: r (NA)a OF PERSON(S)OR ENTITY(IFS)) SIGNOerUIRE OF NOTARY ,.. b acknowledged to me that such corporation executed the within instrument pursuant to its Board _ (tet t1CA u 11 Y\le of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document '_ Ir( �i I t.C, rv.P 0 + TO THE DOCUMENT AT RIGHT. Number of Pages- 3 Though the adjacent data is not required by law,it may prove valuable Date of Document_ ie,+ M. Cr'4_e aA to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTION'S TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR 4L4 C ti � The name and interest of the signer should be typed or printed�,[ the signature. The name must a signedexactly�as it is typed or printed. II: SIGNAn=5 EOR TNDrVTDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be Stated. III. N S-Signing party must be either a general partner or be authorized its writing to have the authority to sign for and binde partnership. IV. &QNAn=sZQA CORPQRAIIQN,5 Documents should Signed by two officers,one from each of the following two groups. GROUP 1. Naair of the Board {(b))The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary Wc The Chief Financial Officer 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 instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will Suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase. "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." X RM er Iry]awry 13,Woo Minor Subdivision 50-91 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 Oakvale Road for Parcels A, B, and C, described in Exhibit "A": 1. Construct approximately 148.8 linear meters(±488 linear feet)of curb, face of curb located 4.88 meters (±16 feet) from centerline of the road. 2. Construct approximately 148.8 linear meters(±488 linear feet) of 1.4 meter(4-foot 6-inch) sidewalk, width measured from curb face,built monolithic with the curb. 3. Construct approximately 181.5 square meters (±1952 square feet) of street paving to pave between the existing pavement and the lip of gutter. 4. Construct a half=width cul-de-sac, 45 feet in radius, at the end of Oakvale Road. 5. Construct necessary longitudinal and transverse drainage. 6. Construct temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Submit improvement plans to the Public Works Department, Engineering Services Division, for review, and pay the inspection and plan review fees. +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 413 of the agreement or when either of the following occurs: 1. Oakvale Road is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject 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 owners of each parcel shall pay one-third of the costs. JAH:kw G:ZrpData'EngSvc'Jogt12000'M&n b%MS5091AG12.doc CtB-f�S-2810Ei 02 :49 PH 37. .7. LCW X C 707 644 $777 PAGE 01 iprour'I'mauf or DtancTom �. the tn®orpotator of TRILQCY NO)MB# INC*t a California corporation, I hereby appoint SRUMSY J. LEWIN an the role Director of TR2LOOY V*Mer XVC. I hereby yrosign as the inoorporator of TRIL W HONZS# 114c. Data! April 14# 1992 i FES-01-2000 02 :50 PM N. J. t EWTS 707 644 Eizzz P. 03 �"ClH�*l011pp�yy'�! //��HPt�LVsta� NOMS2, INC . Gerald C. Vancli having zasignad as the incorporator and appointed his successor as the sole ]Directors t#WLHY 67. L2W IS. As the sale Director, Mr. Lewis has designated hi"Glf as President and Graceann Anderson as secretary of this corporations, effective April lst, 1999. U 1T t#HAHHY ISSOLVSZt That ARADLSY J. LEWI6, as President of Trilogy #tags, Inc. it hereby authorized to sign all loan documents and contracts an behalf of this corporation. Bated: April 14, 2999 1 a- "ill 1W2 UL—kya Preside d bale Director of TRILOGY HG 6, INC. z, ORA.CRAM ANDIRSCN, the secretary of Trilogy Homer Inc. , hereby certify that this resolution was passed by the board of Directors of Trilogy tunes, Inc, an April 24, 1999. Dated: •April 15, 1999 Writary