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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-522 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 August 16, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLTIC3i�l1Q, 20115! 522 SUBJECT: Approving Deferred Improvement Agreement along Hampton Road for LP 02- 02068,'(APN 365-010-008),Martinez area. (District II) The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Gan Shalom,Inc.,as required by the Conditions of Approval for LP 02-02068. This agreement would permit the deferment of construction of permanent improvements along Hampton Road,which is located south of Bear Creek Road along the western property line in the Martinez area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. AH:rm I hereby certify that this is a true and,correct copy of an action G:1crpDatalEngsvc\BO\2005\08-161LP 02-02068 BO-12.doc taken and entered on the minutes of the Board of Supervisors on the date shown Originator: Public Works(ES) Contact: S.Gospodchikov (313-2316)' AUGUST 16, 2005 Recording to be completed by COB ATTESTED: cc: Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and Gan Shalom,Inc. 3315 Stagecoach Drive County Administrator Lafayette,CA 94544 By Deputy RESOLUTION NO.2oo5/522 Recorded at the request of: Contra Costa County Public works Department CONTRA COSTA Co Recorder Office Engineering Sorvices'Divisiorf Return STEM L. WEAR Clerk-Recorder rn tto: Public works Department DOC— M —0311249-00 Engineering Services Division Records section Wtedmoday,, RUG 17 2M 14:44:32 PRE w so k, y�y+�4 ! Area; F 'f r~ t T 14l Pd $8,N Nbr-068285331 Road: 4 r`� ' 1 r C/'R9 1-8 Co.Road No: �,+ Project: APN: S re7 DEFERRED IMPROVEMENT AGREEMENT (Project: L.P OZ00& 1 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQI TRA COSTA CQLIr+TTY OWNER: (See note below) Maurice M. Shia,Public Works Director By: (signature) RECOMMENDED FOR APPROVAL: ?1X _W 4 - x"77 •� f�t' �. ''`��-.. ByS/� , y` c Y (signature) ...". Engineering Services Division ', - it w�-ti FORM APPROVED: Victor J. Westman, County Counsel ,/- t (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. A TSS. Effec�t've on f ' the County of Contra Costa, hereinafter referred to as "County"and G7 rJ' ,SAL�7.s ti� h4g-, 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. AGREEMEM 11MING ONSUCCESSORS,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 applyseparately 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. RE: LP 02-2068 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 Hampton Road for the described in Exhibit "A": 3. Approximately L821 square meters ( 19,600 square feet) of street paving to widen and overlay (or reconstruct, if necessary) Hampton Road to provide a minimum 28-foot pavement width with 4-foot shoulders from the proposed driveway near the maintenance facility to Bear Creek Road. 4. Necessary longitudinal and transverse drainage. 5. Adequate sight distance for through traffic on Hampton Road for design speed of 40 mph. 6. Temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Submitimprovement plans to the Public Works Department,Engineering Services Division, for review; pay an inspection and plan review 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: l An a heation for an enroachment permit for the construction of pIpp osed driveway at Maintenance Facility is filed. 2. Hampton Road is constructed to its ultimate planned width by the County or by an assessment district. 3. 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 100% of the costs. Maw GAGrpDsta\aigsvcTomz\EXJ9B TS WORMEXHIBIT-B.doc Rev.Jame 7.2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Alameda Can July 8, 2005, before me, L. Quaintance, Notary Public, personally appeared Jared A. Goldin, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. L.oua�r;ANC WITNESS my hand and official seal. Commilul►n# 1392629 Noiory Public-Cat Wft Alomedo County Comm.Expires Jan 30,2007 Qu ntance, Notary Public Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Deferred Improvement Agreement (Project LP 02-2068) (Bear Creek Road APN 365-010-008) Document Date. June 16, 2005 Number of Pages: Four (4) ('l pg w/Ex A, Ex B, 1 loose acknowledgment) Signer(s) Other Than Named Above: Frank M. Winer Capacity(ies) Claimed by Signer(s) Signer's Name: Jared A. Goldin Signer's#'Janne: ❑ Individual ❑ Individual Corporate Officer: ❑ Corporate Officer: Secretary Partner. 0 Limited o General ❑' Partner: 0 Limited n General Attorney-in-Fact ❑ Attorney-in-Fact Trustee ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator Other: ., ❑ tither: Signer is Representing; Signer is Representing Gan Shalom,,Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } / } S5. COUN OF On II- YL A I � before me, the undersigned, a Notary Public in and for said State personally appeared 110 —ke , I Name( of Signer( 0 Personally known to me OR proved to me on the basis of sat sf ct evidence to be the person whose namej�g subscribed to the within i s ment and acknowledged to*his that e/ Ith¢ i executed the same in /tl `ir authorized capacity(i }, and that byIr signature on the instrument the person or the entity,upon behalf of which the person acted, VONNIE A. FRANKLIN executed the instrument, ." COMM. 1�? tt3TAAy Pttl'31. - At]1Nttntyhard a' off. . s al. CCL CE?SA CklNTY My Commww=OCT 16$,2005 ighatula of lNotary VL0k.. > (Area above for official notarial seal) Name('typed or P nted) Capacity Claimed by Signer Description} of AttachedDocument Individuaf (Although this information is optional, it could prevent fraudulent Corporatfficer(s) - Title(s) attachment of this certificate to another document.) This certificate is for attachment to the document described below: e o peo� document a Partner(s) �! D 'Attomey-in-Fact D Trustee(s) © -Guardian/Conservator Number of pages D Other: Date of document Signers)',other than rued above Signer is Representing: Name of person(s) or Entity(ies) SAV-191A(7198)