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Home My WebLink AboutMINUTES - 03111997 - C8 Recorded at the request of: Contra Returnt��County CONTRA COSTA Co Recorder ' s office Public Works Department STEPHEN L . WEIR, County Recorder Engineering Services DOC - 97 - 0042005 - 00 Monday, MAR 17 , 1997 14:18 : 16 FRE $0 . 001 ; Ttl Pd $0 . 00 Nbr-0000009881 bcr/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 11, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/118 SUBJECT: Approving Deferred Improvement Agreement along Willow Road and Sugar Barge Road for LUP 2013-96(APN 030-120-017, 030-070-026, and 030-110-006), Bethel Island area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Riggs Enterprises, Inc., as required by the Conditions of Approval for LUP 2013-96. This agreement would permit the deferment of construction of permanent improvements along Willow Road and Sugar Barge Road which are located in the Bethel Island area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. 1 harebtr aNtY Mat this b e ove and corraat 00p�r o1 an action taken end entered on the minute aI tIM Board of SU iso on the zz.3 shown. ATTESTED: PHIL BAT HELCR,C:r%/f!:-3 board RL:KF:sd:mw of,�ypomsors and count/<.dminlstraUw g:\engsvc\bo\bo-1 1.t3 � Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Recorder PUBLIC WORKS DEPARTMENT Records then Clerk of the Board Riggs Enterprises,Inc. 1440 Sugar Barge Road,Bethel Island,CA 94511 Recorded at the request of: Contra Costa County Return to: Public Works Department Engineering Services Division Area: Bethel Island Road: Willow Road&Sugar Barge Road Co.Road No: 8987F Project: LUP 2013-96 Assessor's No: 030-120-017;030-070-026,030-110-006 Space above for exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project: LUP 2013-96) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note bel w) J. Michael Walford Rig s Enterprises, Inc. Public Works Director (P�nt x me BTitle> OWAV— RECOMMENDED F.. APPROVAL• By: ( ) / Z�Engpwerni ervices Division (Print Name&Title) Vice 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 Corporations Code S313.) (see attached notary) 1. PARTIES. Effective on:WgAAI the County of Contra Costa,hereinafter referred to as"County"and Riggs Enterprises, Inc.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"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. RE: LUP 2013-96 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels one, two, five, six, and eleven as shown on the Record of Survey, filed November 9, 1987, Book 85 of Licensed Surveyor's Maps, Page 21, Contra Costa County Records. And, all of the parcel described in the Grant Deed from Patricia Marie Cavaille, Trustee, to Riggs Enterprises, Inc., a California Corporation, as recorded on November 26, 1996, and filed under recorder series number 96 222201. NL:rs:mw g:engsvc\neil\dp201396.t]2 O RE: LUP 2013-96 EXHIBIT "B" 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: A. For the construction of the Willow Road extention as described in Exhibit"C": 1. Approximately 123 meters (403 linear feet) of 9.8 meter(32-foot t)wide paved road section with 1.2 meter (4-foot t) compacted shoulders (shoulder backing) and graded shoulders from the edge of the shoulder backing to the top of the roadside drainage ditches or the right of way line. 2. Necessary longitudinal and transverse drainage. 3. Necessary street lights. The final number and location of the lights will be determined by the utility company and approved by the traffic engineer. 4. Temporary conforms for paving and drainage as may be necessary at the time of construction. 5. Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an inspection and plan review fee and applicable lighting fee. B. For the construction of Sugar Barge Road (connection between Willow Road and Piper Road) as described in Exhibit"C": 1. Approximately 381 meters(1,250 linear feet f)of 9.8 meter(32-foot f)wide paved road section with 1.2 meter (4-foot f) compacted shoulders (shoulder backing) and graded shoulders from the edge of the shoulder backing to the top of the roadside drainage ditches or the right of way line. 2. Necessary longitudinal and transverse drainage. 3. Necessary street lights. The final number and location of the lights will be determined by the utility company and approved by the traffic engineer. 4. Temporary conforms for paving and drainage as may be necessary at the time of construction. 5. 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. Willow Road or Sugar Barge 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 33.3 percent of the costs. NL:rs:mw g:\engsvc\nei1\dp201396.t 12 LINE �WARYA00 DISTANCE BASIS OF BEARINGS L1 N 70.40'4 E 63251' THE BEARINGS SHOWN HEREON WERE TAKEN L2 N 2529.4 W 402.92' FROM RECORD OF SURVEY 85-LSM-22, CONTRA COSTA COUNTY RECORDS, CAUFORN/A. L3 N 03109'0' W 30.01' L4 N 85'28'14 E 195.24' L5 N 64'12'13' E 30.00' L6 N 25'29'4 W 34.61' L7 N 0309'4 W 5238' ! hiblusU DELTA LE7VGTH Cl 200.00' 88'3714 30934' C2 200.00' 1 7X49W 257.67 ► �ar� �o S�'0" D S(19✓ P.O.B. DARRYL A. Fro wiu'ow RW ` Q a EXA ER 9 PARCEL 5 p zp.6-30.89 (APN 030-110-005) No.5071 M •- OF C BEA (APN 030-110-006) �\PARCEL 2 o r' SSG % N� ati (APN 030 120-017) %\ - PARCEL 6 `N---- 8 RGW >Oo� PARCEL 12 ------ -=L4_�' --------------- --- (APN 030-110-��-- -- SUGAR BARGE ROAD — — LEGEND --—--CENTERLINE 60' Ra4MY — OFFER OF DEDI AT)ON RIGHT—OF WAY LIVE ----------- --PROPEW UNE 1',-200' Joe NO.: 96133 ALfflr"MER & M113iT "C' Flu po.: BXI IEXC ssocums INC. ROADWAY ALIGNMENT DATE ,A, 1997 smvmj?s - PLAIVNSR9 - mGIlvB'w SUGAR BARGE ROAD & WILLOW ROA DMVM 9f: SL 147 OLD MMMAL AMM SUM 10 "SUGAR BARGE" D,4PIBA.gitM.K CALWORNL1 c1' acm BY: (510) 462-22M BETHEL ISLAND CALIFORNIA SHM NUMB I MTAL HEM: State of C Pr`I t=est County of N'_PrM:en A On 13-' 7 before'me I Z ✓T S C- 11A. 5• ✓ Q C t1 -zLA DATE `, ll NAME.T(TLE OF OFF+CER-E.G..-JANE DoE.NOTAW PUauC- personally appeared W ► < <`I GI!_VVt 4", NAME(S)SIGNER(S) in the capacity as INOMDUAL.GENERAL PARTNER.CORPORATE OFFICER-E.G..VICE PRESIDENT ❑ personally known to me -OR-Wp oved to me on the basis of satisfactory evidence to be the person(s)whose name Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(es),and that by his/herAheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. ❑He/She/They also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS y hand and official seal, TERESA M.S.BRADLEY COMMISSION 1109607 e ms NOTARY PUBLIC.CALIFORNIA ALAMEDA COUNTY Signature of Notary CrniuW Eii;*a ALa 26,20oo ss SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. L FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed: IL SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed The signer's interest in the property must be stated. Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authormng the person signing the instrument to execute instruments of the type in question is required A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ....and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." g:\engsvc\work\notary2.new State of C IN I--I'ro e- 31 f-, County of Ar%-P%r>nIZD R On 1-%o- IM before me DATE `` TARP PUBLIC' personally appeared Q i,c-,C— ,NAME(S)SIGNER(S)�V in the capacity as %C-G eKio I Q ,YT INOMDUAL.GENERAL PARTNER.CORPORATE OFFICER-E.G..VICE PRESIDENT ❑ personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(,4 whose name is/an subscribed to the within instrument and acknowledged to me that he/sheilthey executed the same in his/tterl eir authorized capacity(wo,and that by his/herl reir signature(e)on the instrument the person(s),or the entity upon behalf of which the person(@)acted,executed the instrument. ❑He/3baagalso acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. U = ,' Edith M. Caponigro WITNESS my hand and official seal, Comm.#1011661 cOTAAL PUBLIC CALIFORN G ALAMEDA COUNTY oa Comm.Expires Dec.19,1997 Signature of Nolary SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDMDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the property must be stated. 111. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)The Assistant Treasurer 9 signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ....and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." g:\engsvc\work\not9ry2.new