HomeMy WebLinkAboutMINUTES - 04222008 - C.14 TO: BOARD OF SUPERVISORS a -i Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
Wl -
DATE: April 22 2008
Count
SUBJECT: Approve Deferred Improvement Agreement along Gateway Road for Minor Subdivision 05-
00012, (APN 029-050-031), Bethel Island area. (District V)
SPL'Cll:lC.REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS'1'11:1CATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/i�, 7--3 for Minor Subdivision 05-00012, approving Deferred Improvement
Agreement along Gateway Road, for project being developed by Baljinder K. Dhanoya and Gracy K. Mathew,
Bethel Island area. (District V)
FISCAL. IMPACT:
None.
BACKGROUND/R-EASON(S) FOR RECOMMENDATION(S):
Condition of Approval No. 13 allows a Deferred Improvement Agreement for improvements to Gateway Road.
CONSEQUENCES OF NEGATIVE ACTION:
The Deferred Improvement Agreement will.not be recorded.
Continued on Attachment:r✓ SIGNATURE: G
ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMAIENDATION OF BOARD COMMITTEE
"APPROVE OTHER
SIGNATURE (S).
ACTION OF B06%D ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT 1 copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
KD:vz
G:\EngSvc\BO1_1008\04-22\BO-12 MS 05-0012.doex
Originator: Public works(ES) ATTESTED:
Contact: T. Rie(313-2363) JOHN CULLEN Clerk of the Board of
Recording to be completed by Title Company
cc: Current Planning,Community Development Supervisors and County Administrator
Baljinder K.Dhanoya and Gracy K.Mathew
4760 Dickens Drive
Granite Bay,CA 95746 `
First American"Title Company
6683 Owens Drive By eputy
Pleasanton,CA 94588
Attn:Barbara Pinto
7
Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 22, 2008 by the following vote::
AYES: Gioia,Uilkema,Piepho,Bonilla&Glover
NOES: none
ABSENT: none
ABSTAIN: none
RESOLUTION NO. 2008/02 73
SUBJECT: Approving Deferred Improvement Agreement along Gateway Road for Minor
Subdivision 05-00012, (APN 029-050-031), Bethel Island area. (District V)
The Public Works Director has recommended that he be authorized to execute a Deferred
Improvement Agreement with Baljinder K. Dhanoya and Gracy K. Mathew, as required by the
Conditions of Approval for Minor Subdivision 05-00012. This agreement would permit the
deferment of construction of permanent improvements along Gateway Road which is located
near Piper Road in the Bethel Island area.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works
Director is APPROVED.
KD:vz I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2008\04-22\BO-12 MS 05-0012.docx action taken and entered on the minutes of the Board of
Originator: Public works(ES). Supervisors on the date shown
Contact: T.Rie(313-2363) ([,
Recording to be completed by Title Company ATTESTED: l
/2:2'/0g
cc: Current Planning,Community Development JOHN CU LLEN,CIA of the oard of Supervisors and
Baljinder K.Dhanoya and Gracy K.Mathew
4760 Dickens Drive County Administrator.
Granite Bay,CA 95746
First American Title Company By Deputy
6683 Owens Drive
Pleasanton,CA 94588
Attn:Barbara Pinto
RESOLUTION NO. 2008/
F,' � \� �
:= �J Y� U
(
Recorded atthe request of. /
Contra Costa County
Public Works Department � L �—�
EnDanecm`eServices Division
Return to: ' L
Public Works Department | AC��rA~O /�7Y
eoginznnsServices Division ru�� �wV���OL��x �.t,.,�
Records Section
Area: acmu �u�
— /
avou: Gateway Road
Co.Road No: vm/ _
Project: M8o5on /z '
ArN: 029-050-0 31 `
DEFERRED IMPROVEMENT AGREEMENT
(Project: MS 0500012) '
`
TB�S� SDG��T[�UQ �YTEST TO �B�9�RTIBS' HERETO:
CONTRA COSTA COUNTY OWNER: (See note
�
Works Director B»6iodcrK. Dhanoya and Gr»cnK. Mathew
Juli a k
�
CD�MENDED FOR APPROVAL: BaIjinder K. Dhanoya
A4 (signalme)
FORM APPROVED:
'
Victor J. Weatmuo" County Counsel
(NOTE: This document iambe acknowledged with signatures as they
appear on deed of title. If Owner is inco,pomted, signatures mum
umoonn with the designated representative groups pursuant to
Corporations Code§3\3.)
(see attached notary) '
`
|. PARTIES. Effective on ~/ the County of Contra Costa,hereinafter referred mux"County^and Du�jhnd, u.ohunvyn
und0,mcy K. Mathew hereinafter refenJduoul^Owuo/ mutually agree and promise uafollows:
'
2PURPOSE. Owner desires to develop the property described in Exhibit^A^attached hereto and wishes todefer construction of permanent
improvements.and County agrees tv,uchdo6rmenti[O°neruonsuoruimpmvcmxotsaxhereinpmmised.
3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement iooninstrument affecting the title o,possession ufthe real
property described inExhibit''A.^ All the terms,covenants and conditions herein imposed are for the benefit o{County and the real property orinterest
therein which constitutes the County road and highway system and shall hobinding upon and inure»othe hvnofi/vfthe land described inExhibit''A''and
the successors ininterest of'0wncr. Upon sale ordivision ofthe property described inExhibit^A''`the-terms of this agreement shall apply separately m
each parcel,and the owner of each parcel shall succeed to the.obligations imposed on Owner by this agreement. Upon annexation toany city,Owner,or
those who succeed him as owner of the property described in Exhibit"A,"shall fulfill all the terms vfthis agreement upon demand hysuch city authough
Owner had contract with such city originally. Any annexing city shall have all rights ofuthird party beneficiary.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
171.-. . 1r.— -- — —
.^.: �C'.i�`,r:-!•i-v �c '•^.c�!'i�!`.c:c.�
State of California
County of .� ti`1 I 1 <:•r'"iC ��I/,j
On r
�;�t.,, \-, . �..t c �:� 1 before me, �.. .�.::.�I:�:_�--.1\`:::,�`:. ,..,;--�� l. ._ .� �',;�.r.•.i.-; �...... '
Date Nam,and Title of Officer(e.g.."Jane Doe.Notary Public")
personally appeared ``J%t\`• \ 0
Name(s)of Signer(s)
7 personally known to me
( (or proved to me on the basis of satisfactory evidence).
to be the person(af whose name(s�is/ark subscribed to the
within instrument and acknowledged to me that
C.E. VELASQUEZ she/they executed the same in hi's/her/their authorized
(h[ Commtssion# 1485371 capacity(iesi, and that by lais/her/their signature(s)on the
I.� y ,A i� Pubtic
Z,;,,`� , � Notary Joaquin
Californiau4, instrument the person( or the entity upon behalf of
t~ F F�• San Joaouin County
y ,,r C which the person(s) acted, executed the instrument.
�Comm.FxpiresApr 23,2�J�&&�
WITNESS my hand and.official seal.
Plane Notary Seal Above `Signature //,-;! 7
L-- �" -�'-�" .- � --
Signature of Notary,!Public
OPTIONAL ` UUU
Thouoh 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: I"
- t
Document Date: t_:.i..V',A L -1 Number of Pages: .,______!_—
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: —
J Individual J Individual
Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
Partner— I Limited � GeneralNib 11 Partner—^ Limited : General
L Attorney in Fact Attorney in Fact _ •
L Trustee
iop o`lhu -Trustee Cl:ii)herr OU .lh,:nib heri
1 Guardian or Conservator _- Guardian or Conservator
Other: Other:
Signer Is Representing: __— Signer Is Representing:
2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402—v Item No.5907 v609 —v Reoruer:Call Toll-Free 1-600-676-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
���.I �11�4'l.f C%.� OPTIONAL SECTION
State of (
Countyof P la.(.L4'` CAPACITY CLAIMED BY SIGNER
tomI , _ tt
On�!1%� before me,`�Ii.L't t. 1l"1'11`(!=:'t N� r1ybA �tl r: l -
li ( y t L ' Though statute does not require the Notary to fill in
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
personally appeared '�f
('�1'yvI.i p persons relying on the document.
/"�• .c'��'Iz✓a`V
-,1 NAME(S)OF SIGNER(S) III IDIVIDUAL
/Personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED
the same in his/her/their authorized ❑ GENERAL
capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT
signature(s)E./EMrI signature(s)on the instrument the person(s)or
CCMM6*lnl 4 16W519 the entity upon behalf of which the person(s) ❑ TRUSTEE(S)
Notary p .Cdrlotti� acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
❑ OTHER:
Placer County WITNE S my hand and official seal,
10, Expires Aug 12,2004� n� ,h)..Y- I 1 SIGNER IS REPRESENTING:
lr L. „�„�,r;2,� (NAME OF PERSON(S)OR ENTITY(IES))
SIGNATURE OF NOTARY
OPTIONAL SECTION +
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document �?1,1r'C%1'5� � ! >���1•)�
TO THE DOCUMENT AT RIGHT. Number of Pages
{ -7 J
Though the data below is not required by law,it may prove valuable Date of Document f I'7!(i
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 flvo officers, one from each of the following two groups:
GROUP 1. a)The Chair of the Board
b The President
c) Any Vice-President
GROUP 2. (a) The Secretary
bAn 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."
JC:mw
\\PWSa'SitARDATA\GrpData\EngSvc\FortnsIWORD FORMS\ALL PURPOSE NOTARY.doc
Rev.August-1,2001
MS 0500012
EXHIBIT "A"
All that real property situated in the County of Contra Costa,State of California,described as
follows:
All of parcels A and B as shown on the parcel map of MS 0500012, on file at the County
Recorder's Office as follows:
Date:
Book:
Page:
KI:)
(i:`IG9)Data\fimtSvc,.Iicup.I'rt.jccts\MS050012\.[:XFIIBIT-A FORM
RE: MS 0500012
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 Gateway Blvd for Parcel 029-050-031, described in Exhibit "A":
1. Approximately 630 linear feet of curb,face of curb located 10 feet from the right of way line.
2. Approximately 630. linear feet of 6-foot 6-inch sidewalk, width measured from curb face,
built monolithic with the curb.
3. Approximately 13,900 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. 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. Gateway 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 50% of the costs.
KID
G:\GtliData\EngSvc\Pomo\EXHIBITS WORD\EXHIBIT-B PORN•I.doc