HomeMy WebLinkAboutMINUTES - 07111995 - C18 v
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 11, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Approving Deferred Improvement Agreement along Taylor Lane for LUP 2058-91,
Byron Area. Assessor's Parcel No. 011-261-006
The Public Works Director has recommended that he be authorized to execute a
Deferred Improvement Agreement with Eugene and Shirley Macedo, as required by the Conditions
of Approval for LUP 2058-91. This agreement would permit the deferment of construction of
permanent improvements along Taylor Lane which is located at the intersection with Byron Highway
in the Byron area.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works
Director is APPROVED.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe sora on tha date shown.
ATTESTED: .�-
PHIL TCH R,Cle c of the Board
of Su sora and County Administrator
Contact: Rich Lierly - 313-2348 Deputy
Originator: Public Works (ES)
cc: Recorder(via Clerk)then PW Records,
then Clerk of the Board
Director of Community Development
Eugene & Shirley Macedo
178 Winged Foot Place
San Ramon,CA 94583 UL 17 1195
AT MOCK �
CO COSTA COUNTY
RCL:cl:mw STEP14EN L. WEIR
COUNTY RECDE
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Recorded at the request of.
CONTRA COSTA COUNTY '
Retuun to: PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DMSION
RECORDS SECTION
Area/Dist: Byron
Road:Taylor Lane
Co.Road No: 9521
Project: LUP 2058-91
Assessor's No: 011-261-006
Space above for exclusive use of Recorder.
DEFRRRM-) TM R0VRMFNT AGRFFMFNT
(Project:LUP2458 91)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREE UR4T HERETO:
CONTRA C_'n_C'i'A COT—.RTff OWNER: (See note below)
J. Michael Walford
Public Works Director
Eugen o
�AJJBy:
Shirley Ivlacedo
RFrOMM SDED FOR APPROVAT.:
178 Winged Foot Place
By:
Engineering Services Division San Ramon, CA 94583
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-conform with the
designated representative groups pursuant to Cor-
porations Code S313.)
(see attached notary)
1. PARTIES. Effective on the County of Contra Costa,hereinafter referred to as"County"and Eugene Macedo and Shirley
Macedo 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 construc-
tion of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised
3. AGREE 4E TT 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 mad 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 contact with such city originally. Any annexing city shall have all
rights of a third party beneficiary. C(OPY
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LUP 2058-91
EXHIBIT "A"
DESCRIPTION.
All that real property situated in the un-incorporated area, County of Contra
Costa, State of California, described as follows:
Portion of the southeast 1/4 of the northeast 1/4 of Section 33, Township I
North, Range 3 East, Mount Diablo Base and Meridian, described as follows:
Commencing at the southeast corner of said northeast 1/4 of section 33; thence
from said point of commencement north along the east line of section 33, 50 feet
to the actual point of beginning of the herein described parcel of land; thence
from said point of beginning continuing north along said east line of section
33, 400 feet, thence south 890 33' west, 217.80 feet; thence south 400 feet to a
point which bears south 890 331 west from the point of beginning; thence north
890 33' east, 217.00 feet to the point of beginning.
EXCEPTING THEREFROM that portion described in the Final Order of Condemnation by
the State of California, recorded April 5, 1972, A n Book 6623, at pace 275,
Contra Costa Records.
APN 11-261-06
EXHIBIT "B"
ES-LUP 2058-91
EM PROVEMENTS
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 Taylor Lane
for the parcel described in Exhibit "A":
1. Approximately 190 linear feet of curb, with the face of curb located 10 feet from the right
of way line.
2. Approximately 190 linear feet of 6-foot 6-inch sidewalk, width measured from curb face,
built monolithic with the curb and gutter.
3. Approximately 7,600 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. 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. Taylor Lane 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.
3. When there is an opportunity to safely combine the access of Taylor Lane with the private
road immediately to the south and when there is pavement to the west of the project
costructed to public standards.
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