HomeMy WebLinkAboutMINUTES - 04112006 - C.13 (2) Recorded at the request of: IIII!lIII!!II!lIIII!!IlIII
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Contra Costa County Public Works -CONTRA COSTA Co Recorder office
DSTEPHEN L. WEIR Clerk Recorder
Engineering Servicesices Division Division
Return to: DOC— 2006-0 1 1 3428-0o
Public Works Department Wednesday, APR 12
Engineering Services Division FRE 206 10:52:19
Records Section I
Tt 1 Pd
Area: Pacheco Nbr-0003196345
; 1 relRgll-7
Road: High Street
Co. Road No.: 3975A
Development No.: ZC 04-0633 - -- --- --------__..___--..-_-
APN: 155-500-055 ----- - - -- --- --- -
DEFERRED IMPROVEMENT AGREEMENT
(Project: ZC 04-0633)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CONTRA COSTA COUNTY OWNER: (See note below)
Maurice M. Shiu,Public Works Director
By: (signature) L"
RECOMMENDED FOR APPROVAL:
By: (signature)
Engineering Svfvices 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
conform with the designated representative groups pursuant to
Corporations Code§313.)
(see attached notary)
I. PARTIES. Effective on �ri/ �5, �� the County of Contra Costa, hereinafter referred to as
"County" and Coo i«[; C, ;rr;b e.Cc i hereinafter referred to as"Owner"mutually agree and promise as follows:
2. PURPOSE. Owner desires to develop the property 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 contract with such city originally. Any annexing city shall have all rights of a third parry 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"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 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 causeiplans and specifications for the improvements to be prepared by competent persons legally
qualified to do the work and shall 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 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 IMPROVEMENTS. County agrees to accept those improvements specified in Exhibit"B" whichare 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.
I
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. 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 pari 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.
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\\PWS4\SHAROATA\GrpData\EngSvc\Fomis\AG WORD\AG-12.doc
Rev. April 6.2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of CD AtrA CDS
On Feb. 1 . 21�(Xo , before me, �Va J� i-OR1Z eS 1 z;F1�0%�,�-y PUP�LI,C.
Date Name and Title of Officer(e.g.."Jane Doe,Notary Public")
�h personally appeared �0�/C UCC1
2
Name(s)of Signer(s)
2 personally known to me
� proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
EVA J. FORRESTER subscribed to the within instrument and
N COMM. #1601707 O acknowledged to me that he/she/they executed
Cif NOTARr PUBUGCAUFORNIA � the same in his/her/their authorized
�.1 O0 couNrr of corrrnA cosrA
Comm.Ex . 27�201l� 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.
��
Ii Place Notary Seal Above Signature of Notary Public
OPTIONAL
N 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 '
Q Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: -
J Individual Top of thumb here
Corporate Officer—Title(s):
Partner— Limited 7 General
F Attorney in Fact
- Trustee
_1 Guardian or Conservator
❑ Other:
i
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.G.Box 2402•Chatswortn,CA 91313-2402•w nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827
Job No. 04123
February 23, 2006
Deferred Improvement Agreement
EXHIBIT `A'
All that real property situated in the County of Contra Costa, State of California, described as
follows:
Being all of the parcel of land described in the deed to Cookie Gambucci, recorded September
30, 2004, in Series #04-0378427, Contra Costa County Records, further described as follows:
BEGINNING at the southeasterly corner of said Gambucci parcel said Point of Beginning also
lies on the westerly line of High Street as shown on said map; thence leaving said Point of
Beginning and said westerly line of High Street, North 89°54'00" West, 170.03 feet; thence
North 0105'07" East, 50.00 feet; thence South 89°54'00" East, 170.04 feet to a point on said
westerly line of High Street; thence along said westerly line South 0°06'00" West, 50.00 feet to
said Point of Beginning.
Containing an area.of 8,502 square feet,more or less.
APN 155-500-058.
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EXHIBIT "B" DeBolt Civil Engineering Doe/10/06
PLAT TO ACCOMPANY 811 San Ramon Valley Boulevard Scale:111=40'
LEGAL DESCRIPTION Danville,California 94526 BT.J /
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925/837-3780 job No.:
04123
0
L
TO: BOARD OF SUPERVISORS, as the Governing Body of
Contra
the Contra Costa County Flood Control and Water •; ;' '`-
Conservation District.
`= '` Costa
County
FROM: MAURICE M. SHIU, CHIEF ENGINEER or�S' `couty` -ter
DATE: April 11, 2006
SUBJECT: ADOPT Resolution Approving the Quitclaim Deed from Contra Costa County Flood Control and Water
Conservation District for a portion of District's flowage easement to Laferty Homes at Deer Ridge, in
connection with Subdivision 8545, Dry Creek Reservoir. [SCH: #910113066] Brentwood Area. District Ill.
Project No. 0651-6.1-083A
SPECIFIC REQUEST(S)OR RIVOMMENDAIION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. ADOPT Resolution approving the Quitclaim Deed from Contra Costa County Flood Control and Water
Conservation District (District) for a portion of District's flowage casement to Laferty Homes at Deer
Ridge in connection with Subdivision 8545...
B. APPROVE the conveyance of said quitclaim from the District, pursuant to Government. Code §
25526.5, and AUTHORIZE the Chair, Board of Supervisors, to execute the Quitclaim Deed on behalf
of the District.
C. DIRECT the Real Property Division to cause said Quitclaim Deed to be delivered to the Grantee for
acceptance and recording.
II. Fiscallmnact:
The District would be liable for any resulting damages to the homes within the flowage easement under
Subdivision 8545 which no longer reflects the actual reservoir.
Continued on Attachment: X SIGNATURE-
.RECOMMENDATION OF COUNTY AD INIST ATOR
RECOMMENDATION OF BOARD CO �MITTIEPV
,.-"PROVE OTHER
r
SIGNATURE(S)a4z, '
ACTION OF AG .\ :Y O; 7v/ // APPROVED AS RECOMMENDED_OTHER
V07VO OF COM S OVER
UNANI US(ABSENT Al;?--4e-
AYES:
iliAYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
D
Csp:eh
G:\Gip Data\RealPrup`�1OQ6-File,\BOs&Res 06\B0 lal'erty I Ionxs Subd 8545.doc ATTESTED-
Orig.Div: Public Works(R/P) JOHN CULLS , Clerk of the Board of
Contact: C. Pina-Sandoval(313-2012) Supervisors and County Administrator
cc: County Administrator
P. W.Accounting By r z Deputy
Recorder(via R/P)
1. Bergeron.Computer Services
Subject: ADOPT Resolution Approving the Quitclaim Deed from Contra Costa County Flood Control and
Water Conservation' District to Laferty Homes at Deer Ridge in connection with Subdivision 8545.
Date: Apri l 11, 2006
Page: 2
M. Reasons for Recommendations and Background:
California Sun Properties is developing a residential golf community. To accommodate the development, the
District needs to quitclaim out the existing flowage easement that affects Subdivision 8545. for a new flowage
easement that reflects the actual reservoir conditions today. The District will continue to have its same volume
and capacity as the previous flowage easement. On April 27, 2004, the Contra Costa County Board of
Supervisors adopted the City of Brentwood's Final Environmental Impact Report for the purposes of
conducting real property transactions in connection with this development.
IV. Consequences of Negative Action:
On August 28, 1964 the District acquired a flowage easement. Due to changes with elevations and contours on
the new subdivision, the current flowage easement does not meet the needs for Dry Creek Reservoir. This
quitclaim is to revise and reflect the current conditions to the new elevations and contours.
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on April 11, 2006, by the following vote:
AYES: Uilkenut, Piepho, DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
—-- ---- - -- - - --- - - - --- RESOLUTION NO. 2006/
Deerings Water code, Uncodified Acts
Act 1656 § 32
West's Water Code, Appendix 64-31
(Gov. Code § 25526.5)
SUBJECT: ADOPT Resolution No. 2006//Jf�approving the Quitclaim Deed from Contra Costa County Flood
Control and Water Conservation .District for a portion of District's flowage easement to Laferty
Homes at Deer Ridge in connection with Subdivision 8545,Dry Creek Reservoir. [SCH#91013066]
Brentwood Area. District 111.
Project No. 0651-6L083A
The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood
Control and Water Conservation District RESOLVES THAT:
Contra Costa County Flood Control and Water Conservation District acquired certain real property by
Easement Deed recorded August 28, 1964 in Book 4692 page 455 of Official Records. A portion of the final map
for Subdivision 8545,Deer Ridge Country Club,Village H-1-A Unit 2,filed in Book 469 o.fMaps at page 7,Contra
Costa County Records as described in Exhibit "A", attached hereto, falls within the Flood Control & Water
Conservation District Easement. Said interest is DETERMINED to be no longer necessary for the District.
This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to Laferty Homes at
Deer Ridge, pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors, is hereby
AUTHORIZED to execute the Quitclaim Deed on behalf of the District.
The Board of Supervisors adopted the City of Brentwood's Final Environmental Impact Report on April 27,
2004 in support of such real property transaction.
The Real Property Division is DIRECTED to cause said Quitclaim Deed to be delivered to the grantee for
acceptance and recording.
(:ps:cl,
G:\GrpData\RealProp`�,2016-l-iles\BOs&Res 06\13IL26 Laferty Parcel 14.doc
Orifi.Dept.: Public Works(R/1))
Contact: C.Pira-Sandoval(313 2012)
cc: Public Works Accounting I hereby certify that this is a true and correct
Public Works Records copy of an action taken and entered on the
PW Engineering Services,T.Torres(Via R/P) minutes of the Board of Supervisors on the
Grantee(via Iz/1)) date shown.
Recorder(via R/1)) • q
Flood Control (via WP)
I.Bergeron,Computer Services ATTESTED:
I..'ommunin,Computer
Se vices JOHN CULLEN, Clerk of the Board of
Supervisors and County Administrator
By , Deputy
RESOLUTION NO. 2006/ ���
Recorded at the request of:
Contra Costa County
Flood Control &Water
Conservation District
After recording return to:
Lafferty Homes at Deer Creek
3180 Crow Canyon PI., #255
San Ramon, CA 94538
Portion of Assessor's Parcel No. 007-410-029 (Formerly 007-100-065).
Parcel Area 14
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a political subdivision of the State of California,
Does hereby remise; release and forever quitclaim to Lafferty Homes at Deer Ridge,
L.P., a California limited partnership, or their successors or assigns. the following
described real property in the City of Brentwood of the County of Contra Costa, State of
California.
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
CONTRA COSTA COUNTY FLOOD
CONTROL & WATER CONSERVATION
DISTRICT
0
Date: �'���/,�,v-a 6 BY
hair, Board o Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
d
O i//ioZe^efore meOM-404- #+•-5A74+-Yi0
De uty Clerk of the Board of Supervisors, Contra Costa
County,personally appeared �-
who is personally known to mor 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.
By:
De utv Cler1
G:\GrpData\RealProp12006-Files\06-3\DE.04 Parcel 14 Sub 8545 Laferty
Homes.doc
3/27/06
EXHIBIT A
LEGAL DESCRIPTION
QUITCLAIMED PORTION OF FLOWAGE EASEMENT (ELEVATION 166) OVER SUBDIVISION 8545
REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF SUBDIVISION 8545 AS SAID SUBDIVISION IS SHOWN THE FINAL MAP FOR
SUBDIVISION 8545, DEER RIDGE COUNTRY CLUB, VILLAGE H-1-A UNIT 2, FILED IN BOOK 469 OF
MAPS AT PAGE 7, CONTRA COSTA COUNTY RECORDS AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEING LOTS 1 THROUGH 5, 35 THROUGH 38 AND A PORTION OF LOTS 6 THROUGH 13 AND 28
THROUGH 34, AS SAID LOTS ARE SHOWN ON SAID MAP AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEING THAT PORTION OF THE FLOWAGE EASEMENT SHOWN ON THE PLAT ENTITLED "DRY
CREEK DAM, PARCEL 3, FLOWAGE EASEMENT', DRAWING NO. -ED-60 ON FILE WITH THE
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT LYING
EASTERLY OF THE WESTERLY LINE AND NORTHERLY OF THE SOUTHERLY LINE OF SAID
SUBDIVISION.
SEE PLAT TO ACCOMPANY LEGAL DESCRIPTION AND MADE A PART HEREOF.
END OF DESCRIPTION
5�,��ND SURD
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EXHIBIT A
LEGAL DESCRIPTION
QUITCLAIMED PORTION OF FLOWAGE EASEMENT (ELEVATION 166) OVER SUBDIVISION 8545
REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF SUBDIVISION 8545 AS SAID SUBDIVISION IS SHOWN THE FINAL MAP FOR
SUBDIVISION 8545, DEER RIDGE COUNTRY CLUB, VILLAGE H-1-A UNIT 2, FILED IN BOOK 469 OF
MAPS AT PAGE 7, CONTRA COSTA COUNTY RECORDS AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEING LOTS 1 THROUGH 5, 35 THROUGH 38 AND A PORTION OF LOTS 6 THROUGH 13 AND 28
THROUGH 34, AS SAID LOTS ARE SHOWN ON SAID MAP AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEING THAT PORTION OF THE FLOWAGE EASEMENT SHOWN ON THE PLAT ENTITLED "DRY
CREEK DAM, PARCEL 3, FLOWAGE EASEMENT', DRAWING NO. ED-60 ON FILE WITH THE
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT LYING
EASTERLY OF THE WESTERLY LINE AND NORTHERLY OF THE SOUTHERLY LINE OF SAID
SUBDIVISION.
SEE PLAT TO ACCOMPANY LEGAL DESCRIPTION AND MADE A PART HEREOF.
END OF DESCRIPTION
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