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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-144 Recorded at the request oft Contra Costa County Public Works Department , Engineering Services Division Return tot Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on March 19, 2002 by the following vote: AYES: SUPERVISORS UIL EMA, GERBER, DESAULNIER, GLOVER and GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/144 SUBJECT: Approving Deferred Improvement Agreement along Alhambra Valley Road for Parcels A, B, and C, (APN 365-110-004), Martinez area(District II). The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Kent D. Randall, Jennifer Randall, Anthony E. Ghisletta, and Sara Randall Ghisletta,as required by the Conditions of Approval for MS 21-98. This agreement would permit the deferment of construction of permanent improvements along Alhambra Valley Road which is located in the Martinez area. IT IS BY TIME BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED., G:tGrpData\EngSvc\BO\2002\3-19-02\MS 21-98 130-12.doc I hereby certify that this is a true and correct copy of an action Mlad taken and entered on the minutes of the Board of Supervisors Originatort Public Works(ES) on the date shown Contact: Teri Rie(313-2363) CC Recorder(via Title Company)then PW Records Current Planning,Community Development ATTESTED: Raman 827 Sage Drive JOHN SWEETEN, lerk of the Board of Supervisors and 827 Martinez,CA 94553 County Ad r' strator By ,Deputy RESOLUTIO .2002/144 6 /.- Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division Records Section Area: Martinez Road: Alhabra valley Road Co.Road Not 1481 Project; MS 21-95 APN: 365.110-M4 DEFERRED IMPROVEMENT AGREEMENT (Project: MS 21-98) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQNTRA QQSTA COUNTY OWNER: (See note below) Maurice M. Shiu,Public Works Director Kent D. Randall and Jennifer Randall,husband and wife, as joint tenants, as to an undivided 1/2 interest and Anthony E. Ghisletta and Sara Randall Chisletta, By: husband and wife, as joint tenants,as to an undivided 1/2 interest. .. �. (signature) /2vr RECOMMENDS ROYAL: Ke . Randall (signature) Je 1 By En Services Division (signature) AnE,-Ghisletta (signature) Sas an all6ffisletta FORM APPRQVED: Victor J. Westman, County Counsel (see attached notary) 1, FAMES. Effective on ,the County of Contra Costa,hereinafter referred to as"County"and Kent D.Randall,Jennifer Randall,Anthony E.Ghisletta,and Sara Randall Ghisletta hereinafter referred to as"Owner"mutually agree and promise as follows. 2. F-LWOaE. 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 SU'CCESSQI S 1N INTERPST. 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,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 contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. STATE OF CALIFORNIA County of -�'- -� " Can 1_-�c �" '. "'` before me �"� rsonally appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/her/their authorized capacity(ies), and that by this/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 apofficial seal. =PUOU Signature 'cC."'-' (Seal) Notary Public in aril for said County and State At UDgi (Rev.4194) IY MS 21-98 Deferred Improvement Agreement EXHIBIT "All All that real property situated in the County of Contra Costa,State of California,described as follows: All of Parcels A,B,and C,shown on the parcel map of Subdivision MS 21-98,on file at the County Recorder's Office as follows: Date: Book: Wage: G'\GirpDat&\Ea&SvcUorge12002VanuaryMS 21-98 EMMIT-A.doc JR-lad MS 21-98 Deferred Improvement Agreement 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 Alhambra Valley Road for Parcels A,B, and C, described in Exhibit "A": 1. Approximately 115 linear meters(378 linear feet)of 1.8 meter(6-foot)wide horsetrail along Alhambra Valley Road between the asphalt concrete pedestrimbike path and the right of way line. 2. Relocation of drainage inlets or AC path to accommodate horsetrail, as may be necessary. 3. U'ndergounding of utility transmission lines along the Alhambra Valley Road frontage. 4. Temporary conforms for drainage as may be necessary at the time of construction. 5. Submit improvement plans to the Public Works Department,Engineering Services Division, for review; pay an inspection and plan review fee and applicable lighting 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. Alhambra Valley 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. JH:M 0:u jprKIU\x vc\Jorp+2oa2v,nuuyuls 21.99 rxHWrr-s.aod