HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-706 Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 2, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILR.EMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 706
SUBJECT: Approving Deferred Improvement Agreement along Evora Road for LUP 2108-01,
(APN 099-150-027), Bay Point area. (District V)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Thomas/DeNova LLC, a California Limited Liability Company, as
required by the Conditions of Approval for LUP 2108-01. This agreement would permit the
deferment of construction of permanent improvements along Evora Road which is located west of
Willow Pass Road in the Bay Point area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
G:\GrpData\EngSvc\BO\2003\12-02-03\LP 2108-01 BO-12.doc I hereby certify that this is a true and correct copy of an action
CL:rm taken and entered on the minutes of the Board of Supervisors
on the date shown
Originator: Public Works(ES)
Contact: Mich Lierly(313-2348)
Recording to be completed by COB ATTESTED: DECEMBER 02, 2003
CC: Current Planning,Community Development JOHN SWEETEN,Cleric of the Board of Supervisors and
Tlwnv.VDexova Hornes
Ian Baird County Administrator
1599 Clayton Road,Suite 110
Concord,CA 94520
By ,Deputy
RESOLUTION NO.2003/ 706
1III III III I III II!!II IIIIII I I III IIII I IIII I II III III
Recorded at the request of: CONTRA COSTA CO Recorder Office
Contra Costa County STEM L. ��� CierkMRecorder
Public eningWorka vices Divi DOC— iZ1N!1r 587714-04)
Engineering Services Division
Return to: Thursday, DEC 04, 2002 08:28:18
Public works Department FRE $0.0$
Engineering
Records Section I Ttl Pd $@,N Nbr-8$01886$06
Record
Ire/RS/1-13
Area:Bay Point
Road: Evora Road
Co.Road No: 5085
Project:LUP 01-2108
APN: 099-1604;"e4 099 160 Big
"CiZ7
DEFERRED IMPROVEMENT AGREEMENT
(Project: LUP 01-2108)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See nate below)
Maurice M. Shiu,Public Works Director Thomas/Denova LLC,A California Limited
Liability Company _
By: ts;p. > c Y
Steven P. Thomas/Member
RECOMMENDED FOR APPROVAL:
f'
z/zi
By:
Eervices Division
FORM APPR VED: Victor J. Westman, County Counsel
(NOTE: This document is to be acknowledged with signatures as they
r appear on deed of title. 1f Owner is incorporated, signatures must
conform with the designated representative groups pursuant to
Corporations Code§313.)
(see attached notary)
1. . Effective on r.7-- the County of Contra Costa, hereinafter referred to as
"County"and Thomas/Denova LLC,hereinafter referred to as"Owner"mutually agree and promise as follows:
2. POSE. 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 SINKING 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,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.
LUP 01-2108
(referred Improvement Agreement)
EXHIBIT"All
All that real property situated in the County of Centra Costa,State of California,described as
follows:
All of Parcel B as shown on the Exhibits for the Lot Line Adjustment#LL010001,recorded
and on file at the County Recorder's Office as follows:
Date: November 19, 2001
Document Number: 2001-354094
rn:
(3U Dat&\Fn'SvcVorgot2403Vrfly\Lnl2108AG-12(2).doc
RE: LUP 01-2108
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 Evora Road, for parcels
described in Exhibit "A":
1. Realign the western access road to intersect Evora Road at a 90-degree angle. This shall include all
necessary work to realign the access road,including constructing new curb,sidewalk,necessary longitudinal
and transverse drainage;pavement widening and transitions along the frontage of Evora Road.
2. Approximately 1,050 linear feet(320 linear meters)of 5-foot(1.5-meter)wide sidewalk,width measured
from curb face, built monolithic with the curb, along one side of the western private access road, serving
these parcels.
3. Approximately 1,450 linear feet(442 linear meters)of 5-foot(1.5-meter)wide sidewalk,width measured
from curb face, built monolithic with the curb, along the northern side of Evora Road from Willow Pass
Road to the westernaccess road serving these parcels.
4. Necessary street lights on Evora Road between Willow Pass Road and the western access road to these
parcels. The final number and location of the lights will be determined by the County Public Works
Department.
5. Temporary conforms for paving and drainage as may be necessary at the time of construction.
6. 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 413 of the agreement or when
either of the following occurs:
J. Evora Road is extended as planned by the County.
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 50%of the costs.
1�
G:\GrpData\EngSvc\Jorge\2003Wa3AlX 12108AG-I Idoc
Rev.May 22,2003
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California OPTIONAL SECTION
County of o tra Coat& CAPACITY CLAIMED BY SIGNER
On 5/30 _03 before me, Lavonna J. Lumly Notary Public Though statute dost not require the Notary to til!in
DATE NAIL,TrrL8 OP OFFICER E.O.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove Invaluable to
personally appeared Steven P. Phomas persons relying on the document.
NA s OFSJONER(S) O INDIVIDUAL
Xpersonally known tome-OR-0 proved tome on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/shelthey executed 0 PARTNER(S) 0 LIMITED
the same in his/her/their authorized 0 GENERAL
® �apaity(ies)'and that by his/her/their
LAVt�NNA J. LUMLY
tignature(s)on the instrument the person(s)or
0 ATTORNEY-IN-FACT
COMM. 1245392 the entity upon behalf of which the person(s) 0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
SERVITOR
NOTARY PUBLIC-CALIFORNIA acted,executed the instrument.
CONTRA COSTA coUNTY ..a 1) OTHER: Member of LLC
My Comm.Expires Dec.11,2009 It WTTypS my hand and offi ia!seal, SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENMY(!ES))
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Deferred Improvement
TO THE DOCUMENT AT RIGHT. Number of Pages_ 3 Agreement
Though the data below is not required by law,it may prove valuable Date of Document n/&
to persons relying on the document and could prevent fraudulent Sigler(s)Other Than Named Above none
re-attachm nt of this form
INSTRUCTIONS 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 ALL SIGNA -The name and interest of the signer should be typed or printed BENEATH the signature. The
name mush be signed exactly as it is typed or printed.
II. SIGNA'T'URES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
M. SLQN4D=S ZOR EART=HIPS - Signing party must be either a general partner or be authorized in writing to have
e authority to sign or an in a partnership.
IV. SIGNATURES FOR_CORPORATIONS
Documents should a signed by two cers,one from each of the following two groups:
CROUP 1. (a)The Chair of the Board
({b))The President
C Any Vice-President
CROUP 2. a The Secretary
An Assistant Secretary
e The Chief Financial Officer
I
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."
JQDW
%\PWS4lSHARDAATTA1OrpDrhlBnasvclFo,mlwORD PORMSUU PURPOSB NOTARY.doe
S
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of _ .f f o r a OPTIONAL SECT'ION
County of (o n- -rZk �'f�- ,�l y I CAPACITY CLAIMED BY SIGNER
} (� before �� �1 (,LY t{fi j Allot f !i P[.L+E!!/G_-, Though statute does not require the Notary to RII In
ATE uMB,TtTLB OP OF171 E.tx.,-JANE DOB, ARY PUBLJC the data below,doing so may prove invaluable to
ti CL� k � r� rN persons relying on the document.
personally appeared L.3 (� tJ {,�
NAMB(s}of stcrrrBR(s) 0 INDIVIDUAL
personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the person(A whose name{,+!)is/is rrTLE(s}
subscribed to the within instrument and
acknowledged to me that helsVehlthy executed 0 PARTNER(S) 0 LIMITED
the same in hisihdr/thtir authorized 0 GENERAL
``-�- MWi eapacity(ie },and that by histhErltYesr 0 ATTORNEY-IN-FACT
R SA ®� � signature(,(on the instrument the personM or 0 TRUSTEE(S)
COMM. 13139$1 the entity upefrt behalf of which the person( 0 GUARDIAN/CONSERVATOR
NOTARY PUBLIC GALIFBANIA acted,executed the instrument. 0 OTHER:
CONTRA COSTA COUNTY �, I ES m hand officials ,
My Comm.Expires July 20,20061 SIGNER IS REPRESENTING:
LjOTE
w (NANO of PERSON(S)OR ENMYOES}I
srcNAnJRa TARP
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than?lamed Above
re-attachment of this form —
!NSTRUCTIONS 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 ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. Sz NATURES FOR QWIVIUUi� . The name must be signed exactly as it is printed or typed. The signer's interest in the
property musttbestated. -
M. SIOM31= FOR PAR T�Soar a - Signing party must be either a general partner.or be authorized in writing to have
to auority to sign n bind the partnership.
DocNAJMS ocuments should F e signed by two officers,one from each of the following two groups:
GROUP 1. ((a The Chair of the Board
w (b The President
(c Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
C
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."
\7 S4L5i►ARi}AT vc7omslwORDFORMS�AMPURPOSENOTARY.doe
r. r_
Ho.311 P.1/1
THOMASIDENOVA L.L.0 i
MANAGING MEMBER
RESOLUTION
WSMAS, this corporation has prior to this date entered into a Limited Liability
Company Imown as THOMAS / DENOVA, LLC. a California Limited Liability
Company, as the sole managing member thereof I, David B. Sanson, the Secretary of
DeNova:Homes, Inc. (the Corpondion) hereby cea* that at a mee u of the Board of
Directors of the Corporation, which was duly held an March 25, 2002, the following
resolutions were duly adopted.
RESOLVED, that Dave Sanson and Steve 71owas are authorized and directed in the
name of this Corpomdon, as Managing Members of Tiwrnas/DeNova, LLC to execute
all documentation pertaining to the' development application for the Lesheer Property,
Concord CA as required by,Contra Costa County for Thomas / DcNova LLC, a
California Limited Liability Company.
RESOLVED FURTHER,that the Secretary of the Corporation is directed to certify these
resolutions and to deliver such certification in support of the authority of the above
officers to act on behalf of this Corporation.
1
David B. Samoa
C.
1800 Clayton Road,5uitc,. UP
C:onrnrd,CA 51020-2513
925-685-01111 - PIN 42b485-06K{1