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HomeMy WebLinkAboutMINUTES - 03081994 - 1.9 . 7f Recorded at the request of: (11jEMr� QUCONTRA COSTA COUNTY - Return to: PUBLIC WORKS DEPARTMENT ENGINEERING-SERVICES DIVISION MJAR - v 199;4-w RECORDS SECTION AT ( O'CLO,K AreaAlst: Oakley CONTRA COSS-A CC•;N1'Y RECORDS Road: West Cypress Road W - 99% Z,cr'n-N L. WEIR Co. Road No: 8174 COUNTY RECOtiDER Project: LUP 2026=93 FEE! Assessor's No: 035-201-003 94 067017 Space above for exclRPe of Recorder. DEFERRED IMPROVEMENT AGREEMENT ' (Project:LUP 2026-93) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford Public Works Director 4ztX4_ 0-f- oncz� .• Jones 1 By: aula Bonesteel RECOMMEN= FOR APPROVAL: 924 Halite Way By: Antioch, CA 94509 Engineering Se ces Division FORM 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 con- form with the designated representative groups pursuant to Corporations Code S313.) 1. PARTIES. Effective on 3-5-` , the County of Contra Costa, hereinafter referred to as "County" and hereinafter referred to as "Owner" mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property he owns as 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 "X, 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 "Al', shall fulfill all the terms of this agreement upon demand by such city as though Owner had contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. 4. STREET AND DRAINAGE IMPROVEMENTS: A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manner set forth in this agreement. The deferred improvements required by County ' Department of Public Works ag Y enerall described on Exhibit "%ttached hereto. Eadh of.saidr improvements relate to the use, repair,'maintenance or improvement of, or payment of taxes, special assessments or fees on, the property described in Exhibit "A'. B. When the County Public Works Director determines that there is no further reason to defer construction of the improvements because their construction is necessary for the public health,welfare and safety and/or is necessary to the orderly development of the surrounding area, he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or' owners of the property as shown on the latest adopted County assessment roll. The notice shall describe'the work to be done by Owner, the time within which the work shall commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate..on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others, the notice shall include the amount to be paid and the time when payments must be made. 5. PERFORMANCE OF THE WORK. Owner shall perform the work and make the-payments required by County as set forth herein or as modified by the Board of Supervisors. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do the work and to submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay County improvement plan review and inspection fee. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the.Director of Public Works and to notify the County at least 48 hours prior to start of work. In the event Owner or.his successor(s) in interest fails to construct any of the improvements required under thispb agreement, County may, at its option, do the work. Alien is hereby created on all property described in Exhibit"A" for-the cost of such work.. If County sues to compel performance of this agreement, to recover the cost of completing the improvements or to enforce the aforementioned lien, Owner shall pay a11,1 reasonable attorney's fees, costs of suit and all other expenses of litigation incurred by County inO connection therewith, and said attorney's fees, costs and other expenses shall also become alien on then property described in Exhibit "A". If the property described in Exhibit "A" is subdivided at the time said liens are imposed, the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property of Owner is granted to County or its contractor as maybe necessary to construct the improvements covered by this agreement. 6. JOINT COOPERATIVE PLAN. Upon notice by County, Owner agrees to cooperate with other property owners, the County, and other public agencies to provide the improvements set forth herein under a joint cooperative plan including the formation of a local improvement district, if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements, he shall, within 30 days of the date the notice was mailed, request a review of the requirements by the Board of Supervisors of County. The decision of this Board shall be binding upon both County and Owner. 8. ACCEPTANCE OF IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit "B" which are constructed and completed in accordance with County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities, access road or other required improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate County agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. 9. BONDS. Prior to County approval of improvement plans, Owner may be required to execute and deliver to the County a faithful performance bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. 10. INSURANCE. Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein a separate policy of insurance in a form and amount acceptable to County. 11. INDEMNITY. The Owner shall defend,indemnify and save harmless the County,it's officers,agents and employees, from every expense,.liability or payment by reason of injury (including death) to persons or damage to property suffered through any act or omission, including passive negligence or act of negligence, or both, of Owner, his developer, contractors, subcontractors, employees, agents, or anyone directly or indirectly employed by any of them, or arising in any way from work called for by this I agreement, on any part of the l.,_ .nises,including those matters arisine_. of the deferment of permanent drainage facilities or. the adequacy, safety,-use or non-use of temporary drainage facilities, or the performance or nonperformance of the work. This provision shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of the County or its agents, servants, or independent contractors who are directly responsible to the County. BH:cl C:AWup2026.t1 (ES - 7/92) A XX;ORN1A Au.-PURIK E State of oPnou&SEonON C County of CAPACITY CLAIMED BY SIGNER on� �O ore me, .Io l' r/A1 Ac s� - iyd�A/ ®v�liC� Though statute doss not require the Notary to DATE NAME,TITIJE OF OFFICER,-E.4,'JANE DOE,NOTARY PUBLIC AI In ttls dells below,doing so may Pon Poly aPt '-'ev£.s+ft G h"'sllu°WO 11b P°rs°ns'slyi"°on the document NAME(S)SIGNER(S) --"DMDUAL O personally known to me-OR-Wprovided to me on the basis of satisfactory evidence to 13 CORPORATE OFFICER(S) be the person(s)whose names)Ware subscribed to the within Instrument and TITLE(S) acknowledged to me that hel/shOW executed the same In hWher/their p PARTNERS) M LIMITED authorized capadlyped),and"by 13 aaaaaeaaaaeaaJOHN VAN aR00YENaZ WmAheirsignatum(s)ontheinstrument GENERAL `';�:�' �.; COMM. #963118 S the person(:)or the entity upon behalf of 0 ATTORNEY-IN-FACT ��:s which the person(s)acted,executed the 0 TRUSTEE(S) NOTARY PUBLIC-CALIFORNIA P kletrumert 0 GUARDIANAXWERVATOR CONTRA COSTA COUNTY 1 , 13 OTHER: My Comm. Expires April 5, 1996 a WITNESS my(land and offielal seal, �r���aacaaaaaoaav,aaacaaaaaoaaaaaeaoaeaao NATURE OF NOTARY SIGNER B Rte: i NAME OF PERSON(S)OR EN TTYpES) i Of T1ONAL SEcnoN THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT TO THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the date requested here b not required by law,it could be prevented fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE . EXHIBIT 'A' LEGAL DESCRIPTION APN 035-201-003 All that certain property lying within the Southwest 1/4 of Section 25, T2N, R2E, MDB 8 M, described as follows: BEGINNING at a point which bears N 890 38' 3011W, 314.36 and S 000 21 ' 3011W, ,A 22.50 feet from Ia standard street monument at the Intersection of Cypress 0 0 Road and Tokay Drive, said monument being at the centerline of said , Cypress Road, said point of beginning being marked with a 1 1/2" IP (open) ; THENCE from said point of beginning S 000 21 ' 30" W, 310. 12 feet; thence S 500 06' 3011W, 149.80 feet; thence N00° 21 ! 30" E, 406.91 feet to a 1 1-/2" IP (open); thence S 890 38' 30" E, 114.33 feet to the point of beginning, containing 51 ,519.5 square feet, more or less. ( 1 . 183 Ac.) �oIhf ESSIOryq��y , RONALD c� C. MILLER . W � No. 15816 �f9lf OF exp ��3v�i997 DEDICATION FOR ROAD 'RIGHT-OF-WAY I . ,q Cypress Road a JA . . , � � ,g a, N N 89°38'30"W c") -- 7 14.33 ' o ,_' 31 36 - 493.60 N -=,e 1690.97 ' ; 7.yo N I I/2" IP m• �" b,' ! M OPEN 1 1/2" 'IP 114.33 ( P.0.5) � . � v OPEN .- ; _.__. -' Ili 7.50` N � 4tv -4 LISca 301 TO BE OFFERED i E _ 1-6N TO CONTRA COSTA 4 N M c CC COUNTY FOR ROAD c C O U N _ PURPOSES. 4- 2 N N C J Lo CO CD cq ao N .- State gT$SF� W U N x �.i i• L U N oc cv _ h '1G� t CCC W O N N � 3 M co co C-6 Cypii x N � � a- SITE a / � � \ 1 M 8 "' y N Contra.�—— . co � I co = o CC p o co I LOUIS BACF � co VICINITY MAP co co .moi FOREASEMENT 4 SCALE 1.'..'.=2200' ACCESS/X3"9L2'T 13812 O "- . U � h k�),vi,LJ �� .. Cic W h r J EXP x./30f1997 � �Gc t RONALD C. MILLER, LS/PE 006 % G 5P ENGINEERING CONSULTANT ���' �,�.P J 344 GREENWAY DRIVE Ln RICHMOND, CA 94803 ep,�t GO Te 1 . (510) 223 5148 APN 035-201 -003 lb SCALE 1 "=50' ES-Land Use Permit 2026-93 D"ROVFIAFIM Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-referenced development are located along West Cypress Road for the Parcel, described in Exhibit "A": 1. Approximately 114 linear feet of curb and gutter, face of curb located 10 feet from the right of way line. 0 2. Approximately 114 linear feet of 4-foot 6-inch sidewalk, width measured from curb Q% face, built monolithic with the curb and gutter. 3. Approximately 2300 square feet of street paving to pave between the existing pavement and the curb and gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the utility company and approved by the traffic engineer. 6. Undergrounding of all utility distribution facilities. This shall include distribution facilities along the frontage of Cypress Road. 7. Temporary conforms for paving and drainage as may be necessary at the time of construction. 8. 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. West Cypress 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 all of the costs. c/ag/1up2026a.t1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 8, 1994 by the following vote: AYES: Supervisors Smith, Bishop, Torlakson and PowggORDED AT REQUEST OE NOES: None MAR - 9 1994 ABSENT: Supervisor McPeak AT O'CLOCK M CONTRA COS' A COUNTY RECORDS ABSTAIN: None a i L?hEN L. WEIR COUNTY RECORDER {� FEEL ,A► SUBJECT: Authorizing Acceptance of Instruments. IT .IS BY THE BOARD ORDERED that the following instruments are hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA s Offer of LUP 2026-93 John Bonesteel Oakley Dedication Paula Bonesteel Road Purposes/ Relinquishment of Abutter's Rights P//Deferred .. Improvement Agreement LUP 2026-93 John Bonesteel Oakley Paula Bonesteel 1 hereby certify that this is a true and correct copy of an action taken and�sentered ,00nn these minutes of the Aoard of TTESTED@ 1"IAK Zi t�1��4 hown. PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By rs l A JW.,-A .Deputy Contact: Rich Lierly - 313-2348 END Of p®COM .. Originator: Public Works (ES) cc: Recorder(via Clerk) then PW Records Director of Community Development Rcl:cl B08.0 Recorded at the request of: • • Contra Coate County Engineering Services Division Return to: Contra Costa County fREQJMST&i; Public Works Department �C// Records Section �. Area: 012kle,,, MAR - 9 J� Road: _GU2s/ G°uoreus �`1' ()" OCK /'� M Co. Road No.: 8J75� TA COUNTY RECOMR STEPHEN L WEIR Development: 40,-10 ZozG -93 COUNTY RECORDS Assessor's No.: o3S-Z o!-eD3 OFFER OF DEDICATION - ROAD PURPOSES (Individual) Apy I RELINQUISHMENT OF ABUTTER'S RIGHTS C%# J4�►n L 41,�,, �. Def �'t e,e f ,the undersigned,being the present title owner(s) of record of the herein described parcel of land, do hereby _ make an irrevocable offer of dedication to CONTRA COSTA COUNTY, a political subdivision of the State of California, and its successors or assigns, for street and highway purposes, the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such'offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, these presents have executed this instrument this /© day of J,4r.). At Lt o vi es}-ec 1, a w►��.v SEE ATTACHED NOTARY WITNESS my hand and official seal: Dated: Signature (This area for official notarial seal) oA0F16Lfrm Y90i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of // �J OPTIONAL.SECTION County of L�l11 40 CAPACITY CLAIMED BY SIGNER Onj/f L/More me, ✓O j�,Vp_'�' � ` 't� �7��'31J` 'Though statute does not require the Now to ( DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC till In the date below,doing so may prove I I-.-J ImidusWe to persons retying on the docurnent c{ personalty appeared .ftt<t 13�� f Ss£ L 4414 4rcx -S'73 NAME(S)SIGNER(S) )6DMDUAL ❑CORPORATE OFFICER(S) ❑•personally known to me-OR-C!�provlded to me on the basis of satisfactory evidence to be the person(s)whose names) is/are subscribed to the within Instrument and TITLE(S) acknowledged to me that heishetihey executed the same in hWher/their [3 PARTNER(S) ❑LIMITED authorized capacily(les),and that by ❑GENERAL r•::•,:.,r.,..::•:::: :..;.:.,, .:. .::.. ..,,.. his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of ❑ATTORNEY IN-FACT -;! VAN, �.j 'Y=_I`v which the person(s) acted,executed the ©TRUSTEE(Sy r = :. _•, - ^. �;instrument O GLIARDIAN/CQNSERVATOR ' I WITNESS my hand and official seal, OTHER: IG NAT E OF NOTARY SIGNER IS REPRESENTING: f NAME OF PERSON(S)OR ENTITY(IES) ` C PIL I 4 1 I OPTIONAL SECTION �( j� fJ y l!'. THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT I�&Ui'_ 1 9d 1 - — !t-rJl de u TO THE DOCUMENT DESCRIBED AT RIGHT � NUMBER OF PAGES,� DATE OF DOCUMENT jalti ' Though the date requested here is not required by law,it could be t prevented fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ,