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HomeMy WebLinkAboutMINUTES - 06172008 - C.24 SE L TO: BOARD OF SUPERVISORS Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR ' Costa DATE: June 17, 2008 � County spA-cooti`� SUBJECT: Approve Deferred Improvement Agreement for Minor S division 06-00013, (APN 198-081- 005),Alamo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/e approving Deferred Improvement Agreement, for Minor Subdivision 06- 00013, for project being developed by James and Katherine Crist and Stuart E. and Wendy P. McPherson, Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): A Deferred Improvement Agreement is required by Condition of Approval No. 20 for Minor Subdivision 06- 00013. I CONSEQUENCES OF NEGATIVE ACTION: The Deferred Improvement Agreement will not be recorded. Continued on Attachment: SIGNATURE: . _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER I SIGNATURES : r ACTION OF B7 ON /.7 APPROVED AS RECOMMENDED,�OfidER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the E OF SUPERVISORS date shown. UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAI ATTESTED: CCa HSJc I JOHN CULLEN, Cle k o the Board of G:\EngSvc\BO\2008\06-17\MS 06-00013 BO-12 FORM.docx Supe rs and County Administrator Originator: Public Works(ES) Contact: T.Rie(313-2363) Recording to be completed by Clerk of the Board cc: Current Planning,Community Development B , Deputy 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 June 17, 2006 by the following vote: AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/Vd4 SUBJECT: Approving Deferred I Improvement Agreement .along South Avenue for Minor Subdivision 06-00013, (APN 198-081-005), for project being developed by James and Katherine Crist and Stuart E. and Wendy P. McPherson, Alamo area. (District The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with James and. Katherine Crist and Stuart E. and Wendy P. McPherson, as required by the Conditions of Approval for Minor Subdivision 06-00013. This agreement would permit the deferment of construction of permanent improvements along South Avenue which is located near Regent Place in the Alamo area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. HS:jc I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2008\06-17\MS 06-00013 BO-12 FORM.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 Clerk of the Board �/ - p cc: Current Planning,Community Development ATTESTED: C�/ I b JOHN CULLEN_, Clerk 6f'the Board of Supervisors and County A71 m1 ator y ,Deputy RESOLUTION NO. 200yds Recorded at the request of: - _ IIII III III I III II II IIII II II IIII II III I IIII I II IIII II Contra Costa County CONTRA COSTA Co Recorder Office Public Warks Department Engineering Services Division STEPHEN L. WEIR, Clerk-Recorder Return to: DOC- 2008-0159140-00 Public Works Department Engineering Services Division 'Thursday, JUL 17, 2008 08:52:38 Records Section FRE $0.00: 1 Area:Alamo Tt 1 Pd $0.00 Nbr-0004148550 rrc/R9/1-11 Road:South Avenue Co.Road No.:.4337P Development No.: MS 06-0013 L--,-- ------- -- - - .- -- ---- ------- - APNi 198-081-005 DEFERRED IMPROVEMENT AGREEMENT'. (Project: MS 06-00013) THESE SIGNATURES-ATTEST TO THE PAIRTIES AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) ter, Public Works Director V l.I Q1 �3v c 2L N i (sicnature��.�l��, E OMMENDED FOR APPROVAL: By: Engineering is s ivision. 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 inust . conforni with the designated representative groups pursuant to s Corporations Code§313.) (see attached notary) 1. PARTIES. Effective on V the County of Contra Costa; hereinafter refereed to as "County"and 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 ofthis 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. i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Santa Clara On Q r; 1 �( � a '� before me, Theresa Poon, Notary Public, Date personally appeared. Jc,, ;,,, 5 Cr1 Se- C r�'S t- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorb whose names( )+s/are subscribed to the within instrument and acknowledged to that e/they executed the same in #mer/their authorized capacity(leSD and that by HisNaer/their signaturon the instrument the person(E�Nor the entity upon behalf of which the person(&cted, executed the instrument. certify under PENALTY OF PERJURY under'the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official-seal. w.. THERESA POON COMM.01663169 m 110TARY PUffi1C-CALIFORNIA SANTA MARA COUNTY i IAp Cantu.ExPtree Nlav 2.2010 \ Notary Seal Notary Signature OPTIONAL 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 >` Title or Type of Document: Document Date: n v �lGt� I Number of Pages: e Signer(s) Other Than Named Above: 0 I tl Capacity(ies) Claimed by Signer(s) -Signer's Name: SC,n e"A Cr t t f K ti to Qv-/ e Crt �t X Individual ❑ Corporate Officer Title(s): ❑ Partner-- ❑ Limited ❑ General o Attorney-in-fact ❑ Trustee ❑ Guardian or Conservator ❑ Other`. Signer is Representing: 1/1/2008 ACKNOWLEDGMENT State of: CALIFORNIA County of: CONTRA COSTA; On of vi, before me, Chris Nicol, NOTARY PUBLIC personally appeared CT Q(C-1 13-k) 4 ' l ' Cn who proved to me on the basis of satisfactory evidence to be the persons)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 signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHRIS NIC0 Corrrrtbslon#t 1569441 Notary AAft -COW=-do Conho COMO Canty MYC�60�*AprW,2009 (Seal) Signature of Notary Public My Commission Expires: April 20, 2009 OPTIONAL Description of Attached Documen Title or Type of Document: o - E "V"f C c'i_ Vr 'X Document Date: Number of Pages: �� MS06-0013 (Dev.No.reference) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of that land described in the deed recorded and is on file at the County .Recorder's Office as follows: Date: December 20, 2006 Page: Dol Series No. 2006-406101 LS:jc G:\EngSvc\Land Dev\MS\MS 06-0013\7-16-08 EXHIBIT-A.doc i N . 2 a h a 3 W W 6 OO m y p°d� O � H OZW�Wa dZ•Q �j O �r.``,m W � . W w Z N W d Z N Y U d6 7 W4N 41 O 3h,GYZ 4. 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WNtl: F- o d 1fJ N65 q69� �cI Q O n W I I^` ir O¢O2 p l o�.II.� Or rf �wp t` w� :a.\�o W ab^m I N IN z�O YwK+ I W QLL._LL �dri _ Oz .lh 3aorc ! `.��ol! N -i z m0 z� WU OI In ca o - I o ,00'9L1 M,_ £,9Z.6£N .� O W CA IL N N SO_NIlJV3B JD.SISVB I b0'£Bl / W-W�,9L ClZ M I, 'zt1���2I � f '. ,00'861 M.S£,9Z.9fN..� t d i' �co I° z� p . �� I ' W _ __© Y I= _��� + Ir N 42a u30 I �3zi - 40 co� � ' rc a: < ri Q I z h iw� o� p ��lo I<Ip� � Jpw a. I a¢a �. - �I I a ONZ. K N� 0 MA , I !� a i g ® I •t�h I F o c+ �� upw o�za b ~A00. _, I RE: MS 06-00013 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 South Avenue for Parcels A and B, described in Exhibit"A": 1. Approximately 220 linear feet of curb,face of curb located 10 feet from the ultimate right of. way line: 2. Approximately 220 linear feet of 5-foot sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 220 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. r 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: I. South Avenue 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 equal.share of the costs. :,,,W G:\GrpData\EngSvc\Forms\EXHIBITS WORD\EXHIBIT-B.doc Rev.May 22,2008 ,..... r CONDITIONS OF APPROVAL ADMINISTERED BY THE-PUBLIC WORKS DEPARTMENT FOR SUBDIVISION MS06-00013 Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code. Any exception(s) must be stipulated . in these Conditions of Approval. Conditions of # Approval are based on the revised Tentative Map .submitted to Community Development on January 25, 2007. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO FILING OF THE PARCEL MAP. ` General Requirements: 18. Improvement plans prepared by a Registered Civil Engineer shall be submitted, Ply �(. if necessary, to the Public Works Department, Engineering Services Division, ss along with review and inspection fees, . and security for all improvements required by the Ordinance Code for, the conditions of approval of this subdivision. Any necessary traffic signing and striping shall be included in the improvement plans fo review by the Transportation Engineering Division of the Public Works Department. Roadway Improvements (South Avenue): 19. !S The pavement on South Avenue along the project frontage is in deteriorated /Gt condition. Applicant shall therefore rec_onstuct South Avenue along the project a , frontage to current Count V private. road standards with a minimum traveled width. of 16-feet with 2-foot wide shoulder-s--where there is no curb, and , necessary pavement transitions. 20. Applicant shall construct concrete curb, gutter and 5 foot wide sidewalk (width measured from the face of curb), necessary longitudinal and transverse drainage, 49' �cfcv ��w�L/ ►i reet lighting, and paI ement widening and transitions along the frontage of_ South Avenue. Applicant shall co tract face of curb 10 feet from the ultimate right of way line of South Avenue. Exception € € ss, The applicant is granted an exception from installation of frontage 7-� improvements,. provided the property owner(s) execute(s) a deferred Yr iF . Y improvement agreement for the following improvements: Construction of concrete curb, gutter and 5 foot wide sidewalk (width tm r � r`f measured from the face of curb), necessary longitudinal and transverse ` 3 r drainage, street lighting; and pavement widening and transitions along the frontage of South Avenue. The face of curb shall be constructed 10 xe. t p feet from the ultimate right of way line of South Avenue; and $ 14„ 2. At the time the deferred improvement agreement is called'up, property owner shall submit improvement plans, prepared by a Registered Civil COA-9