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Home My WebLink AboutMINUTES - 07112006 - C.11 (3) Recorded at the request of: M �CEIV Contra Costa County IIII III III I III II III III III I III II ,�r Public Works Department II II I illl I IIIII I II Engi�e�rin 20p� ' Pp 9 SVCS, Engineering Services Division CONTRA COSTA Co Recorder Office bbc wor Return to: ks Dept, Public Works Department STEPHEN L, WEIR Clerk-Recorder EnineeRecords Section gSeiees Division a0C_ 2006_0220597-00 Wednesday, JUL 12, 2006 15:38:38 Area: Oakley FIRE $0.00 Road: SandmOUnd Blvd Tt l Pd Co.Road No: 8983 $0.00 Nbr-0003320327 Project: ZC040658 I re/R9/1-7 APN: 032-280-002 DEFERRED IMPROVEMENT AGREEMENT (Project: ZC 04065 8) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) Maurice M. Shiu, Public Works Director Richard and Katherine Patterson By: G/ �1f p jti�� Jt..ti/\ (signature) C Richard Patterson RECOMMENDED FOR APPROVAL: t By: - (signal ne) Engineering Se ices Division -- Iat�e Patterson 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) // D6 "'-PA.4tTtES. Effective on � the County of Contra Costa, hereinafter referred to as "County" and Richard and Katherine Patterson 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 party beneficiary. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of �_a 1 t 1'R" U"CL OPTIONAL SECTION Countyof CAPACITY CLAIMED BY SIGNER On Oy dz- ,before me, Vjj_r>- Q,&O �Gt^CIel N rt" �`�`� Though statute does not require the Notary to fill in DAT I� �7 NtANI ,,TITLE OF OFFICER E.G.,")ANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared <l C�IU+�t� l`CR ttlLi SO►�1 ►lt� �lVt� cRlu SOy1 Persons relying on the document. NAME(S)OF SIGNER(S) INDIVIDUALS ❑ personally(mown to me-OR- proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICERS) be the person(s)whose name(s)rad/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/sha/they executed 0 PARTNER(S) ❑ LIMITED URTRUDOLFENGELI the same inItio/Im/their authorized ❑ GENERAL T ca aci les COMM.#1451209 C) P ty( ),and that by hirFher/their ❑ ATTORNEY-IN-FACT " NOTARY PUBLIC-CALIFORNIA signature(s)on the instrument the person(s)or 0 TRUSTEE(S) CONTRA COSTA COUNTY n the entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR MY COMM.EXPIRES NOV,16,2007 acted,executed the instrument. ❑ OTHER: -� ITNESShandc�and off I seal, W � SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)1 SIGNATURE OF NOTARY OPTIONAL SECTION r THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages o 1nQ, Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. 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. III. 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 I. �c� aThe Chair of the Board bThe President Any Vice-President GROUP 2. al The Secretary b An Assistant Secretary 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 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." 1C:mw \\PWS4\SHARDATA\GrpData\EngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc R6.='Augiu 1,2001 ZC 04-0658 EXHIBIT "A (All/A portion) of that land described in the deed from Elizabeth F. M. Wells Trustee(s) of The Elizabeth F. M. Wells Family Trust and DTD 9-3-97 to Rick Patterson and Katie Patterson, husband and wife as Joint Tenants, recorded and on file at the County Recorder's Office as follows: Date: December 17, 2004 Book: 04484 Page: 153 KD G:\GrpData\EngSvc\Kea\Proiects\ZC 040658\Exhibit-A FORM.doc RE: ZC 04-0658 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 Sandmound Blvd for Parcels 032-280-002, described in Exhibit "A": 1. Approximately 86.45 linear feet of curb, face of curb located 10 feet from the right of way line. 2. Approximately 86.45 linear feet of sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 1167 square feet of street paving to pave between the existing pavement and the lip of gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the County Public Works Department. 6. Temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Property Owner shall apply for annexation to County Service area L-100 Lighting District by submitting: a letter of request; a metes and bounds description;and,pay the current LAFCO fees. The applicant shall be aware that this annexation process must comply with state proposition 218 requirements, which state that the property owner must hold a special election to approve the annexation. This process may take approximately 4-6 months to complete. 8. 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. Sandmound Blvd 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. KD G:\GrpData\EnoSvc\Ken\Prolects\ZC 040658\EXHIBIT-B FORM.doc