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Home My WebLink AboutRESOLUTIONS - 06262001 - 2001-277 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 26, 2001 by the following vote: AYES: Supervisors Gioia, DeSaulnier , Glover , Gerber and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 2 7 7 SUBJECT: Approving Deferred Improvement Agreement along Laurel Drive for Subdivision MS 6-94, (APN 116-120-001), Concord area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Richard and Paula Kerr,as required by the Conditions of Approval for Subdivision IVIS 6-94. This agreement would permit the deferment of construction of pennanent improvements along Laurel Drive, which is located in the Concord area. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. 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 G:\GrpData\EngSvc\BO\2001\BO 6-26-01.doc on the date shown 1D:lap Orisinator: Public Works(ES) ATTESTED: June 26 , 2 001 Contact: Rich Lierly(313-2343) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Recorder(via Title Company)then PW Records County Administrator Current Planning,Community Development Richard and Paula Kerr 1790 Ellis Strect,#22 By.- Zi y 7CM11V Concord,CA 94520 RESOLUTION NO. 2001/ 277 t Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department ]engineering Services Division Rccords Section Area: Concord Road: Laurel Drive Co.Road No: 5167 F Project: MS 6-94 Assessors No: 116-120-001 DEFERRED IMPROVEMENT AGREEMENT (Project: MS 6-94) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) MAURICE SHIU Public Works virector By: , Richard A. Kerr RECOMMENDED FOR APPROVAL: . —7� By: - �� (1, ]neering S ces ivision Paula M. Kerr FORM APPROVED: Victor J. Westman, County Counsel (NOTE.: this document is to be acknowledged with signatures as they appear on deed oftirde. IfOwner is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) (see attached notary) I. PARTIES. Effective on TIyAe— ocaon t the County of Contra Costa, hereinafter referred to as "County"and Richard A. and Paula M. Kerr hereinafter referred to as "Owner" mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property he owns as 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 terns 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 contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. CALIFORNIA Art-PURPOSE ACKNOWLE. aMENT State of �a I ri✓f'X11 OPTIONAL SECTION � ` l County of_( n r17� I�` CAPACITY CLAIMED BY SFGNER On before me, l of nr-Gi PC.b1Though statute does not require the Notary to DATE oFFCER ea.' Till in the data below,doing to may Prove in- ,�//�� /� valuable to persons relying on the document_ personally appeared ILI C�7v� /-{. �ir � 1 dei i�. ��'� I E ❑INDIVIDUAL � ❑CORPORATE OFFICER(S) IJ personally known to me-OR-0 provided to me on the basis of satisfactory evidence to be the person(s)whose name(s)ydare subscribed to the within instrument and O PARTNER(S) O LIMITED acknowledged to me that kWokeAhey ❑GENERAL executed the same in hislherAheir O ATTORNEY4WFACT Tam ra J. Jacobsauthorized capaWiies)•and that by ❑TRUSTEE(S) Comm. #11634 8 ; OWAwdtheir signatures)on the O GUARDIAWCONSERVATOR NOTARY PUBLIC-CALIFORNIAQ instrument the person(s)or the entity p OTHER: ° CONTRA COSTA COUNTY l� upon behalf of which the person(s) oP Comm. Exp.Nov.27.2001 acted,executed the instrument WITN S my hand a fficia SIGNER IS REPRESENTING: 'l WAC OF PfRsowcpOlt W"WQEai OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE Tlo�N�bdovY sol npi.d lrlr, wry(rvw wL�hM b pras Mrp eM ` bunt rd twfd P�'� �l n�adnrl dtis kn 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 sign exactly as it is typed or printed. II. SIGNATURES FOR INDMDUALS-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 e'Ither a general partner or be authorized in writing to have e allthority to sign for and binde partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two o cers,one from each of the following two groups: GROUP 1. a TheChair of the Board b The President jb Any Vice-President GROUP 2. The Secretary An AssistantSecretry The Chief Financial Officer 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. 9� RE: Subdivision MS 6-94 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A, B, C and D as shown on the Parcel Map for Subdivision MS 6-94, on file at the County Recorder's Office as follows: L 4 Date: 3- Book:Book: V Page: -b A JD mw G:\ENG S VCVOSEPI4\DECEMBER\6-94.wpd RE: Subdivision MS 6-94 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 Laurel Drive for Parcels A, B, C and D, described in Exhibit "A": I. Approximately 1 10 linear feet of curb, face of curb located 10 feet from the right of way line. 2. Approximately 110 linear feet of 4-foot 6-inch sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 2,000 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. 6. Temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Underground placement of existing utility distribution facilities. 8. Submittal of improvement plans to the Public Works .Department, Engineering Services Division, for review. 9. Payment of inspection and plan review fees 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. .Laurel Drive 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 25% of the costs. JD:mw G:\GrpData\F.ngSvc`JOSI:PFl\\larch 9KNIS 6-94.%v-pd