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HomeMy WebLinkAboutMINUTES - 04231996 - C19 4 , RECORDED AT AUEST OF • APR 2 91996 Recorded at the request of: Q R R 2 9 11996 CONTRA COSTA COUNTY Return to: PUBLIC WORKS DEPARTMENT /( O'CLOCK �4 t11 ENGINEERING SERVICES DIVISION CONTRA COSTA COUNrt RECORDS RECORDS SECTION STEMIEN L. WEIR Area: Pacheco COUNW RE ORDER Road: Pacheco Boulevard FEE: Co. Road No: 3951C Project:DP 3003-94 96 77983 1,411� Assessor's No: 125-130-018 Space above for exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project: DP 3003-94) PACHECO TOWN COUNCIL THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNE : (See note belo J. Michael Walford Public Works Director �' -'/ Co ra osta County (Pacheco Commu ' Center) RECOMl� 71ces PPROVAL: By: �' E gineen g Sision 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 he County of Contra Costa,hereinafter referred to as"County"and Contra Costa County -' (Pacheco Community Center)hereinafter re erred 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. 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"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. RLsd g:\engsvcU2ichWG300394.@ 4. STREET AND DRAINAGE IWROVEMENTS: 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"B"attached hereto. Each of said 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 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"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 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 MROVEMENTS. 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 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. RL:sd 2 gAengsvcV2ich W G300394.f2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C•lq ------ --------- - - State of California CD County of Contra Costa On 4/2/96 before me, 3'Linda Hoover, Notary*- - Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared *James Kennedy* Name(s)of Signer(s) xK1 personally known to me-OR-❑proved to me on the basis of satisfactoryevidence to be the person* whose name(s)-is/afesubscribed to the within instrument and acknowledged to me that heA&ho#4ey executed the same in his/ba4theimr-authorized capacitykiee), and that by his/weir signature.4on the instrument the person(sj, LINDA HOOVER or the entity upon behalf of which the person(sj-acted, OOMnn. 98sa;5 executed the instrument. Notniy Public—California =: CONTRA COSTA COUNTY My Comm.L-M-40a-MAn 14,1997 �. WITNESS hand and official seal. Signature of Notary Public OPTIONAL 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 - Pacheco Town Council Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James Kennedy Signer's Name: ❑ Individual ❑ Individual )qq Corporate Officer ❑ Corporate Officer Title(s): qty Director - Reuevel-OPTIMt Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Contra Costa County - - - - - - - - - - - - - ©1994 National Notary Association•8236 Remmet Ave.;P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" CD ES-DP 3003-94 All that real property situated in the County of Contra Costa, State of California, described as follows: A Lease of Parcel 1 as shown on attached map and description and a Parking License on Parcel 2 as shown on attached map and description. JKah sra22/propdes.lst 4_9 a' r s82.g5,s,E~`o 1 c�NTER AvgNUE L 58.41•. .4 O DD aO O M n 00'901 3.0,9S ION zn z,•„ 3•Lb.$S.I$N "N tp Ln Ln o NLnnn ° n OD NOZ n n n ?�M O nn i 7z W 9 b 6 4 LV• AN a e 0 O ur O O '.n 1� � > O 7! Z n � � • X7 N I.n D N 6£4g9� p .D .bb'£bI 3.$Z.0£et N m Nrm t �y_ p Ct T cc n r C r A D O z l\ N 1 , �A ` \ cn o'- v, Town of Pacheco PARCEL 1 - Lease Site Real property in an unincorporated area of Contra-Costa County, California, being a portion of the Ai Rancho Las Juntas, Rancho Monte Del Diablo and a.portion of the tract of land shown on the map entitled "Map of Pacheco, Contra Costa County, California, 1869," filed in Book E of Maps at page 95, C Records of said County, described as follows: PARCEL 1: Lease Site Commencing at the northwest corner of the parcel of land described in the deed to Contra Costa County recorded March 22, 1974 in Book 7183 of Official Records at page 197, Records of said County, said point being on a line parallel with and 60.00 feet westerly, measured at right angles, from the proposed centerline of Contra Costa Highway (now known as Pacheco ,Boulevard) as said centerline is shown on the map entitled "A Precise Section of the Streets and Highways Plan, Contra Costa County, Contra Costa Highway" recorded August 15, 1962, in Book 4182 of Official Records at page 133, Records of said County; thence along said parallel line, north 7056'54" west 2.99 feet; thence northerly along the arc of a tangent curve, concave to the west, having a radius of 640.00 feet, through a central angle of 14°3925", a distance of 163.72 feet; thence tangent,to said curve, north 22036'19" west 119.81 feet to the Point of Beginning; thence, from the Point of Beginning, north 22°36'19" west 388.80 feet; thence northwesterly along the arc of a tangent curve concave to the southwest, having a radius of 640.00 feet, through a central angle of 2303522",.a distance of 263.50 feet to a point on the easterly boundary of the parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District (CCCFCWCD), recorded January 19, 1971, in Book 6298 of Official Records at page 34, Records of said County; thence, along said easterly boundary, non-tangent to said curve, south 28044'04" east 205.75 feet; thence southeasterly along the arc of a tangent curve, concave to the southwest, having a radius of 485.97 feet, through a central angle of 20014'32", a distance of 171.69 feet;thence,tangent to said curve, south 8029'32" east 251.23 feet; thence, leaving said CCCFCWCD parcel, north 81030'28" east 107.92 feet to the Point of Beginning. Containing an area of 29,142 square feet of land, more or less. Bearings and distances used in the above description are based on the California Coordinate System Zone III (CCS27). To obtain ground distance, multiply distances used by 1.0000614. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. POND Signature: %, R`` icense Land SurveyorzW ►. Contra Costa County Public Works Date: ��/��(� Na 59A �Q JH:jlg ���OFCAL�E gAderical\exhibits\pacheco1.ex 1/18/96 1 6A Town of Pacheco PARCEL 2 - Lease Site Real property in an unincorporated area of Contra Costa County, California, being a portion of the Rancho Las Juntas, Rancho Monte Del Diablo and.,a portion of the tract of land shown on the map entitled "Map of Pacheco, Contra Costa County; California, 1869" filed in Book E of Maps at page 95, Records of said County, described as follows: i PARCEL 2: Lease Site Commencing at the northwest corner of the parcel of land described in the deed to Contra Costa County recorded March 22, 1974, in Book 7183 of Official Records at page 197, Records of said County, said point being on a line parallel with and 60.00 feet westerly, measured at right angles, from the proposed centerline of Contra Costa Highway (now known as Pacheco Blvd) as said centerline is shown on the map entitled "A Precise Section of the Streets and Highways Plan, Contra Costa County, Contra Costa Highway" recorded August 15, 1962, in Book 4182 of Official Records at page 133, Records of said County; thence along said parallel line, north 7°56'54"west 2.99 feet; thence northerly along the arc of a tangent curve, concave to the west, having a:radius of 640.00 feet, through a central angle of 13023'09", a distance of 149.52 feet to the Point of Beginning; thence from the Point of Beginning, continuing northerly along the arc of said curve, through a central angle of 1°1616", a distance of 14.20 feet; thence tangent to said curve, north 22°36'19" west 119.81 feet; thence, leaving said parallel line, south 81030'28" west 107.92 feet to a point on the easterly boundary of the parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District (CCCFCWCD), recorded January 19, 1971 in Book 6298 of Official Records at page 34, Records of said-County; thence, along said easterly boundary,.south 8029'32" east 68.75 feet; thence south 81°30'28" west 3.00 feet; thence south 8°2932" east 61.25 feet; thence, leaving said CCCFCWCD parcel, north 81°30'28" east 143.44 feet to the Point of Beginning. Containing an area of 16,337 square feet of land, more or less. Bearings and distances used in the above description are based on the California Coordinate System Zone III (CCS27). To obtain ground distance, multiply distances used by 1.0000614: This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: IMD Licensed Land Surveyor Jv +ZW Contra Costa County Public.Works Date: Exp. ��/ tS —? No..egg f E��,�p JH:jlg CALI gAderical\exVpacheco2.ex 1/18/96 1 EXHIBIT "B" ES-DP 3003-94 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 Pacheco Boulevard frontage for Parcel 125-130-018, as described in Exhibit "A": +� 1. Underground the existing overhead utility distribution facilities along the Pacheco Boulevard frontage of this parcel. 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. An underground district is formed requiring undergrounding of utilities along this section of Pacheco Boulevard. 2. The County Board of Supervisors deems that the utilities along this section of Pacheco Boulevard need to be undergrounded. xi.:5d 4 gAmpvc\RichWG300394A2 Recorded at tie request of: Contra Costa County Return to: Public Works Department' Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA {Tj Adopted this Order on April 23, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: Norte SUBJECT: Approving Deferral of Improvements Agreement for Development Plan 3003-94, Pacheco.Area. APN 125-130-018 The Public Works Director has recommended that the Board of Supervisors approval a Deferral of Improvements Agreement with Pacheco Town Council. This agreement would permit the deferment of construction of permanent improvements as required by the Conditions of Approval for DP 3003-94. The improvements are located on Pacheco Blvd. and consist of undergrounding of the existing overhead utilities. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. :, 1 hereby certify that this is a true and correctcopyof an action taken and entered on the minutes of the Contact: Rich Lierl 313-2348 Board of Supervisors on the date�sf�owp. Originator: Public Works(ES) - ATTESTED: April, 23, 1y94` . PHIL BATCHELOR,clerk of the Board cc: Recorder(via clerk)then PW Records,then Clerk of the Board of Supervisors and County Administrator Director of Community Dev. Pacheco Town Council By ,Deputy %Joyce L.Jones 45 Rutherford Lane Pacheco,CA 94553 RL:mw g:\engsvc\bo\bo23.t4 ENO OF DOCUMEM