Loading...
HomeMy WebLinkAboutMINUTES - 06031997 - C16 Recorded at the request of: Contra Costa County Return to: Public Works Department Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 3, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/282 SUBJECT: Approving Deferred Improvement Agreement along O'Hara Avenue for Minor Subdivision 9-96 (APN 034-060-004), Oakley area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Klare DaValle(aka Clara Kightly,Nello Ghilarducci Jr., Dina Holder, and Linda Ghilarducci), as required by the Conditions of Approval for Minor Subdivision 9- 96. This agreement would permit the deferment of construction of permanent improvements along O'Hara Avenue which is located in the Oakley area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. ftereby csrWy that this N ewe and correct e y of an action taken and entered on the minutes 2001 Board of Supe on a da B s wn. RL:JD:mW ATTESTED: PHIL 13ATCHELOR,Clerk of the board g:\engsvc\bo\bo6-3 of Supervisors and county Admin Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Recorder(via Title C o.)then PW Records Current Planning,Community Development Klare DaValle,(aka Clara Kightly,Nello Ghilarducci Jr.,Dina Holder,and Linda Ghilarducci) 143 Loren Lane,Oakley,CA 94561 Recorded at the request of COINTRA COSTA COUNTY j Return to: PUBLIC WORKS DheARTMENT ENGMEERING SERVICES DIVISION RECORDS SECTION Oa.� Road: '--7G��c; tie_ Co.Road No: 8© a t Project: - Ms 9-q1. Assessor's No: c> 3(/ - o"- o oc�- Space above for exclusive use of Recorder. `DEFERRED EMPROVEMENT AGREEMENT (Project: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY R=(Sep7nb w) J. Michael Walford Public Works Director L VALL a a tLARA KI i REO R APPROVAL: �- M11AL0 6H1tAttWel,i B .4 y: 9gi S 'ces Division 0 "' '"" FORM AP OVED: 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 desig- nated representative groups pursuant to Corporations Code S313.) (see attached notary) 1. ec' on — the County of Contra Costa,hereinafter referred to as"County"and JAII JA hereinafter referred to as"Owner"mutually agree and promise as follows: WEttO "1LAQV0"%,J[t V► 6.0 16 w.0 1/OG O", 0-0 L+aa° "1&A4aVcc 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 Carnty 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 agreerrrertt. Upon annexation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A",shall fulfill all the germs 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: MS 9-96 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcel "A" and "Designated Remainder", as shown on the parcel map of Minor Subdivision 9-96, on file at the County Recorder's Office as follows: Recording Date: Book: Page: JD:mw g:\engsvc\joseph\ms9-96.12 4 RE: MS 9-96 EXHIBIT "B" IMPROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along O'Hara Avenue for Parcel "A" and"Designated Remainder," as described in Exhibit "A": 1. Relocation of the existing well from south of the existing second residence to outside of the ultimate O'Hara Avenue right of way. 2. Approximately 1,042 square meters (11,220 square feet) of street paving to pave from the existing pavement to four meters(13f feet) east of the ultimate road right of way line, for a half-width of 12.8 meters (42f feet). 3. Necessary longitudinal and transverse drainage. 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 and pay an inspection and plan review 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. O'Hara Avenue is constructed to its ultimate planned width by the County or by an assessment district. 2. Development of the"Designated Remainder" 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 owner of the"Designated Remainder" shall pay 100 percent of the cost and the owner of Parcel "A" shall pay nothing. ]D:mw g crVvcyouphHu9-96A2 ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of On 2- 13 - �1` before me, ^ 'j, Date N e and Title of Officer (i.c(, Your Name, otaryO" blic) personally appeared 64 A-'r -L L Name(s) of Document Signer(s) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(g) whose name(g) is/ftre subscribed to the within instrument and acknowledged to me that lte/she/tom executed the same in hi&/her/eir authorized capacity(ies), and that by hi&/herA4ieir signature(g) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JONI M. SAN � COMM.#1Q02'93 , .. y �" ` s =,'. NOTARY PUBLIC-CALIFORNIA _{ J LOS ANGF_i._S COUNTY — Signature of Notary �• -`� My Comm.Expf!es Oct.29,1997 nff� (Affix seal in the above blank space) ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of ( ;OV On 2 J 9 - q7 before me, ,C. 13e/z e-1- Date Name and Title of Officer (i.e., Your Name, Notary Public) personally appeared /VL//D Ghr/QrdGQi �r. , /��aC� 9hi/ctr�� �- Name(s) of Document Signer(s) Ll�la Cyhl/ar-66ue personally known to me (or proved 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. L.BEIZER b'Q COMM,#1009864 Z Notary Pubfic—California D CONTRA COSTA COUNTY " My Comm.E)pires NOV 21,1997 Signature aPfNotary (Affix seal in the above blank space)