HomeMy WebLinkAboutMINUTES - 04191994 - 1.47 - APR 27 ,
�. ' REC UEST 5
Rec�Recc. < at the request of:
' i
CC•N i�.`; COSTA COUNTY
Return to: PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DIVISION APR 2 7 1994
RECORDS SECTION AT / O'CLOCK M.
Area/Dist: Oakley CONTRAICOSTA COUN RECORDS
Road; HigHway 4 STEPHEN L.WEIR
Co. Road No: COUNTY RECORDER
-Project: Chea er store FEE $
Assessor's No: 035-112—,()02
94 116747
Space above for excl A use of Recorder.
R-
DEFERRED IMPROVEMENT AGREEMENT
(Project: Cheaper Store #�l 69
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY WNER: Icee note below)
J. Michael Walford
Public Works Director \T ion , a General Partnership
By. — - -
Jo n F. Roscoe, General Partner
RECOMMENDED FOR APPROVAL:
By:
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.)
CALIFORNIA ALtfPURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA OPTIONAL SECTION
County of SOLANO CAPACITY CLAIMED BY SIGNER
On 3 f 16/94 before me, P. HARD I MAN NOTARY PUBLIC Though statute does not require the Notary to
DATE NAME,TITLE OF OFFICER-E.G., 'JANE DOE, NOTARY PUBLIC' fill In the date below, doing so may prove
personally appeared
JOHN F. ROSCOE Invaluable to persons relying on the document
NAMES) SIGNER(S) ❑INDIVIDUAL
Xpersonally
known to me•OR•O provided to me on the basis of satisfactory evidence to O CORPORATE OFFICER(S)
be the person(s)whose name(s) Is/are
subscribed to the within Instrument and TITLE(S)
acknowledged to me that he/she/they
executed the same In his/her/theirARTNER(S) ElLIMITED
authorized capacity(les),and that by X,
GENERAL
his/her/their signature(s) on the Instrument
the persons) or the entity upon behalf of ❑ATTORNEY-IN-FACT
hich the person(s) acted, executed the O TRUSTEE(S)
•" P. HARD1MAN nstrument, O GUARDIAN/CONSERVATOR
�T COMM. #990455 my S my hand and official seal, O OTHER:
NOTARY PUBLIC CALIFORNIA
:. ..r SOLANO COUNTY Pell
{ s My Comm.{ Expires April 26,1997
S:3�w2TUnF NOTARY
SIGNER IS RcPRESE,°.'T1NG:
NAME OF PERSON(S) OR ENTITY(IES)
OPMNAL SECTION
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 Is
not required by law, it could be
prevented fraudulent reattachment of
this form. SIGNER(S) OTHER THAN NAMED ABOVE
1. PARTIES. Effective on . the Cdurity-6Z Contra Costa, &Inafter referred to as 'Co unb `. d
hereinafter referred to as 'Owner' mutually agree and prorrmle 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 9 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 W. 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 d;
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 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 are
generally described on Exhibit'134 attached hereto. Each of said improvements relate to the use,repair, maintenance or Improve-
ment of, or payment of taxes, special assessments or fees on, the property described in Exhibit W.
B. When the County PublickWorRs;01rector 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 inspection fees. 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 feast 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 this agreement, County may, at its option, do the work. A lien 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 all reasonable attorney's fees, costs of
suit and all other expenses of litigation incurred by County In connection therewith, and said attorney's fees, costs and other
expenses shall also become a lien on the property described in Exhibit W.. 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 may be 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
agreement, on any part of the premises, including those matters arising out 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 trio County against the liability for damage arising from the sola
negligence or willful misconduct of the County or its agents, servants, or independent contractors who are directly responsible
to the County.
MM:cI
AG.12M
FF+
EXHIBIT "A"
C�
Cheaper Store #169 *A
Parking Lot at f�
APN 035-112-002
All that real property situated in the County of Contra Costa,
State of California, described as follows :
Lot 5 of Block 1 as said lot and block are shown on the map
entitled "West Oakley Addition" filed on December 5, 1922, in
Book 18 of Maps, page 411 , Contra Costa County Records,
California .
CHEAP169 .CO
i
-r
EXHIBIT "B"
Cheaper Store #169
Parking Lot At
APN 035-112-002,
IMPROVEMENTS
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
Main Street (State. Hwy 4)For the parcel described in Exhibit "A":
1. Approximately 52 linear feet. of .curb and gutter, face of curb 1oc.ated 10
feet from the r� way line.
2. Approximately 52 linear feet of. 4-foot 6-inch sidewalk, width measured from
curb' f ace, built monolithic with the curb and gutter.
3. Approximately 624 square. feet of street paving to pave between the existing
pavement and the curb nd 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. 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; 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. Main Street (State Hwy 4)is constructed to its ultimate planned width by
e oun y or y an asse?sm-enT district.
2. Frontage improvements are constructed adjacent to the subject property.
AG:14 (8/87)
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 19, 1994 by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
C'r
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following insti"ument is hereby.
ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Offer of Cheaper Store #169 Triond Oakley
Dedication Hwy 4 A General Partnership
for Roadway Purposes
Offer of Cheaper Store #169 Triond Oakley
Dedication Acme Street A General Partnership
for Roadway Purposes
Deferred Cheaper Store #169 Triond Oakley
Improvement Hwy 4 A General Partnership
Agreement
1 hereby Cortify that this is a true and correct�y a<
an aMn taken and ontered on the minutes of the
Board of supervisors on the date shown.
ATTESTED: --
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
By .Oe"
END Of. DOCUMENT
Contact: Rich Lierly - 313-2348
Originator: Public Works (ES)
cc: Recorder (via Clerk) then PW Records
Director of Community Development
RL:cl
B012.t4
Recorded at the request of:
Contra Coats County
Engineering Services Division
Return to:
Contra Costa County
Public Works Department
Records Section
Area: Oakley
Road: Acme Street
Co. Road No.: 8 0 7 5 'D
Development: Cheaper Store #169
Assessor's No.: 035-112-010
OFFER OF DEDICATION - ROAD PURPOSES
Triond, A General Partnership ,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 lexcuted
parties hereto.
IN WITNESS WHEREOF, these presents hav4tis instrument this 16thday of
March 1994 .
/
/Ohn-
F. Roscoe, General Partner
i
CALIFORNIA ALL-PURPOSE ACKNOWIFDCEMe4T
State of CALIFORNIA
County of SOLANO
on3/16/94 beforeme, P. HARDIMAN, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.G., 'JANE DOE,NOTARY PUBLIC'
personally appeared JOHN F. ROSCOE ,
NAME(S) SIGNER(S)
)d-personally known to me-OR-O provided to me on the basis of satisfactory evidence to
be the person(s)whose name(s) is/are
subscribed to the within.instrument and
acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(les),and that by
his/herAheir slgnature(s) on the Instrument
the persori(s) or the entity upon behalf of
which the person(a).acted,executed the
Instrument
WR SS,•my han and official seal,
P. HARDIMAN COMM. #990455 � SIGNATURE OF NOTARY
rGyPJOTSOLANO COCA
UNTY FORNIA t7
< •a; '_ My Comm.Expir^s April 26,1997
EXHIBIT "A
PORTION OF LOT 5 OF BLOCK 1 AS SAID LOT AND BLOCK ARE SHOWN ON
THE MAP ENTITLED "WEST OAKLEY ADDITION" FILED DECEMBER 5 . 1922 IN
BOOK 18 OF MAPS AT PAGE 411 , CONTRA COSTA COUNTY RECORDS,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE EAST,
ALONG THE NORTHERLY LINE THEREOF, 50 FEET TO THE NORTHEAST CORNER
OF SAID LOT 5; THENCE SOUTH, ALONG THE EASTERLY LINE THEREOF, 12
FEET; THENCE WEST, 50 FEET TO THE WESTERN LINE OF SAID LOT 5 ;
THENCE NORTH, ALONG THE WESTERLY LINE THEREOF, 12 FEET TO THE
POINT OF BEGINNING .
CONTAINING AN AREA OF 600 SQUARE FEET OF LAND MORE OR LESS.
CHEAPOA2 .DES
THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT.
QWOEESSIpyq
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N0. 26630
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EXHIBIT p-B"
STATE HIGHWAY NO. 4
MAIN STREET
co
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M
M
EAST
50'
POB N N
=
50'
WEST x-
0
O j
Z O
6o
W EST OAKLE Y ADD ITI ON
. o
N LOT 6 LOT 5 LOT 4
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BLOCK I ���� sCHUR,c�`��
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18 M 41 I EXP.3-31-96
sr 0IVIV
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I - 4 - 94
LOT 7 LOT 8 LOT 9
Recorded at the request of:
Contra Costa County
Engineering Services Division
Return to:
Contra Costa County
PubUc Works Department
Records Section
Area: Oakley
Road: Highway 7-
Co. Road No.: N/A '
Development: Cheaper Store #169
Assessor's No,: 035-112-002
OFFER OF DEDICATION - ROAD PURPOSES
Triond, A General Partnership ,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.
Th'e 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 ha%ecuted hi instrument this 16thday of
March 1994 ,
John F. Roscoe, General Partner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of SOLANO
on3/16/94 before me, P. HARDIMAN, NOTARY PUBLIC ,
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC
personally appeared JOHN F. ROSCOE ,
NAME(S)SIGNER(S) .
4rsonally known to me-OR-❑provided to me on the basis of satisfactory evidence to
be the persons)whose name(s) Is/are
subscribed to the within Instrument and
acknowledged to me that he/she/they
executed the same in his/her/their
authorized capacity(les),and that by
his/her/thelr signature(s) on the instrument
P.
the person(s) or the entity upon behalf of
r. HARDIMAN which the pe(son(a).acted,executed the
i. G) instrument.
COMM. #990455 m
NOTARY PUBLIC CALIFORNIA -U
SOLANO COUNTY SS my hand and official seal,
My Comm.Expires April 26,19
i
SIGNATURE OF NOTARY
EXHIBIT "A"
PORTION OF LOT 8 OF BLOCK 1 AS SAID LOT AND BLOCK ARE SHOWN ON
THE MAP ENTITLED "WEST OAKLEY ADDITION" FILED DECEMBER 5 . 1922 IN
BOOK 18 OF MAPS AT PAGE 411 , CONTRA COSTA COUNTY RECORDS,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE WEST,
ALONG THE SOUTHERLY LINE THEREOF, 50 FEET TO THE SOUTHWEST CORNER
OF SAID LOT 8; THENCE NORTH, ALONG THE WESTERLY LINE THEREOF, 5
FEET; THENCE EAST, 50 FEET TO THE EASTERN LINE OF SAID LOT 8;
THENCE SOUTH, ALONG THE EASTERLY LINE THEREOF, 5 FEET TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 250 SQUARE FEET OF LAND MORE OR LESS.
CHEAPOAK.DES
THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT.
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EXP.�3i��
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EXHIBIT B
LOT 6 LOT 5 LOT 4
" WEST 0 A K L EY ADDITION
LOT 7 LOT 8 LOT 9
o BLOCK I
N
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18 M 411
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o EAST 50' 0
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1 - 4 - 94