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HomeMy WebLinkAbout006-84 DANVILLE Town of Danville 542 san Ramon Valley Boulevard Danville, CA 94526 (415) 820-6337 RESOLUTION NO. 6-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE Authorizing Acceptance of Instrument West E1 Pintado,North of Diablo Road IT IS BY THE COUNCIL ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REF ERE NCE GRANTOR Offer of Dedication DP 3028-83 Joseph L. Hirsch, et al. for Roadway Purposes PASSED, APPROVED AND ADOPTED this 6th day of February, 1984, by the following vote: AYES: Lane, May, Me Neely, Schlendorf NOES: None ABSENT: Of fenhartz Orig. Dept: Public Works (LD) '~ cc: Recorder (via LD) then PW Records BODAN6. ti s Recorded at the request of: CONTRA COSTA COUNTY This box for exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project: p/o 3oZ~- ~.3 ) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CITY OF DANVILLE OWNER: (See note below) City Engineer By: c · d 'rs '~' Land D evel Richard A. So li~~ By: ~jLLZ~ o p/~e~t[. n D i~ n/'~¥~' Chery~olis , ,,,, (), , ,,'; ,: ,,! ,'.,i. ....j:....x ROY CA.qY ttAt. LQUIST ~ , .. : .... ., ...... ^ (NOTE: this document is to be acknowledged ~i' ' : p,,(~,~^,,.~,~,, ~ with signatures as they appear on deed ¢~ MyComm~ss,onExp:~es(k:111,1985 ~ of title. If Owner is incorporated, ~,,,,,,,,,,,,,,,,,,u,,,,,,,,,,,,,, .........~,,,~,,~,,,,,,,,,,,,,~,,"~ ............'"""'"' ...........,,,,,.,,,t~signatures must conform with the designated representative groups pursuant to Corp- orations Code S313.) State of California ) ACKNOWLEDGMENT (By Individual, Partnership County of ~.~ ~-,~:~-~ ~,~ )ss or Corporation) Cheryl L. Solis, The person(s) signing above for Joseph L. Hirsch, Rosalind Hirsch, Richard A. Sol%s, known to me in individual and business capacities as stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to , me that the partnership named above executed it or acknowledged to me that the corporation naned above executed it pursuant to its bylaws or a resoluti//~/ ~;Ht/~ board ~F'directors. Dated: ~-/i~) '~"~//' S i g nature ://~., "~ ~/'~( ~ _.~ Na rinted) (This area for official notarial seal.) l. PARTIES. Effective on AFt,/ ~//~i, the City of Danville, hereinafter referred to as "City" and Joseph L. Hirsch, Rosalind Hirsch, Richard A. Solis, Cheryl L. Solis hereinafter referred to as "Owner" mutually a§ree 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 City agrees to such defermerit 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 City and the real property or interest therein which constitutes the City street 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. 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 the City 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 the City Engineer 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 City as set forth herein or as modified by the City Council. Owner shall cause plans and specifications for the improvements to be prepared by competent persons legally qualified to do the work and to submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay City inspection fees. The work shall be done in accordance with City 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 City Engineer and to notify the City 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, City 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 City 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 City 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 City or its contractor as may be necessary to construct the improvements covered by this agreement. 6. JOINT COOPERATIVE PLAN. Upon notice by City, Owner agrees to cooperate with other property owners, the City, and other public agencies to provide the improve- ![ ments set forth herein under a joint cooperative plans 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 te requirements by the City i Council. The decision of the City Council shall be binding upon both City and Owner. 8. ACCEPTANCE OF IMPROVEMENTS. City agrees to accept those improvements specified in Exhibit "B" which are constructed and completed in accordance with City standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the City Council. 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 City 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 City approval of improvement plans, Owner may be required to execute and deliver to the City a faithful performance bond and a payment bond in an amount and form acceptable to City to be released by the City Council in whole or in part upon completion of the work required and payment of all persons furnishing ~i labor and materials in the performance of the work. 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 City. 11. INDEMNITY. The Owner shall defend, indemnify and save harmless the City, 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 part of the premises, including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use of non-use of temporary drainage facilities, or the performance ornon-performance of the work, This provision shall not be deemed to require the Owner to indemnify the City against the liability for damage arising from the sole negligence or willful misconduct of the City or its agents, servants, or independent contractors who are directly responsible to the City. LD.AG.12MDAN (5.83) %, EXHIBIT "B" LD-DP 3028-83 Improvements required by City of Danville and the City Ordinance Code as a condition of approval for the above-referenced development are located along West E1 Pintado for the parcel described in Exhibit "A": 1. Approximately 82 linear feet of curb and gutter. 2. Approximately 82 linear feet of 6-foot 6-inch sidewalk, width measured from curb face, located 10 feet from the right of way line. 3. Approximately 82 linear feet of street paving to pave between the existing pavement and the curb. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the utility company and approved by the traffic engineer. 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, Land Development Division, for review; pay an inspection and plan review fee and applicable lightinQ fee. Relocation of Utilities Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. City's Responsibility City furnished engineering will consist of preliminary design of street grades and ,~ drainage, if on file. ~ i 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.West E1 Pintado is constructed to its ultimate planned width bY the City or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject property. 3028.83.16.t2 EXHIBIT "A" That Parcel of Land in the City of Danville, County of Contra Costa, State of California, described as follows: A portion of Lot C, as delineated upon that certain map entitled "First Addition of Rancho E1 Rio", being a portion of San Ramon Rancho, Contra Costa Count},, California, filed January 4, 1911, in Map Book 4, page 75, more particularly described as follows: Beginning at a point on the East Line of E1 Pintado Road, as said road is described in deed by W.S. Withers, etux, to Contra Costa County, dated November 18, 1920, and recorded December 21, 1920 in book 370 of Deeds, page 475, where said line is intersec- ted by the Northern linc of Lot C, as delineated upon map above referred to; thence running along the Easterly line of said road, South 2° ]4' 20" East, 50.54 feet and South 21° 59' East 122.42 feet to a point on Easterly line of said road, which point is set by an iron pipe; thence North 89° 42' East 103.56 feet to an iron pipe; thence North 0© 10' West 37.0 feet to an iron pipe; thence North 89° 42' East 43.0 feet to the Westerly line of that certain parcel of land described in Decree Quieting title in the matter of Shel~%, H. Flournoy, plaintiff, rs. A.A. Kantrowitz, et al, de- fendants, Case No. 34,392, Contra Costa County Records, dated April 15, 1946, a certified copy of said decree being recorded May I, 1946, under Recorder's Serial No. 14192. Thence along the Westerly line of property described in said decree, North 0" 10' West 111.0 feet to a point within.bears South 89° 50' East from the point of beginning; thence North 89o 50' West 189.0 feet to the point of beginning. EXCEPTING THEP~FROM: The interest conveyed to Contra Costa County by deed recorded on February 9, 1949, in Book 1350 Official Records, at page 45. -Recorded at the request of: Contra Costa County Return to: ~ ~"~ ~ Contra Costa County i ~ > Public Works Department Records Section Area Danvi 1 le Road FJ ~qnt~do Bond Road No. ~63~c> Subdivision T).p. 3fl?8-F~ Assessor' s No. 196-210-042 OFFER OF DEDICATION - ROAD PURPOSES (Individual) he Joseph L. Hirsch, Rosalind Hirsch. Richard A. 1 '~ ?nd. Ch~_ryl.,!,_, Solis undersigned, being the present, title owner of record oStPt~e nereln aescrloea parcel of land, do hereby make an irrevocable offer of dedication to the CITY OF DANVILLE, a political subdivision of the State of California, and its successors or assigns, for street and highway purposes, the real property situated in the CITY OF DANVILLE, County of Contra Costa,, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that the CITY OF DANVILLE and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improve- ments thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, andpersonal representatives of the respective parties hereto. IN WITNESS WHEREOF, these presents have executed this instrument this ~ day of SF~.,~q. iq ~'~/ . Rosalind Hirsch On ~)-anu~-r,~ .?-V~ Iq~W before me a Notary Pbbllc, in and for said State, (~ ~. ' personally appeared 3%~epk ~. ~,¢~, ~los~l,~ H~rsck. ~,~,~ A.~oh~ ~.J Richard A. Solis ~o me be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ~ Cheryl IJ. Solis executed the same. WITNESS my hand and official seal. ~-~- ....... .......~:~ ....?~,~ ~ ~ ~--~ ~ ~ Signature /~ ~ o ' (This area for official notarial seal) ) kj~ DOUG O,-FEN'HARi"Z '( ~'q,"~jf,~)~¥/Y OONTI?u~ COSTA COUNTY l~ LD.OF.6MI.DAN EXHIBIT "A" That parcel of land in the City of Danville, County of Contra Costa, State of California, described as follows: A portion of Lot C, as delineated upon that certain map entitled "First Addition of Rancho E1 Rio", being a portion of San Ramon Rancho, Contra Costa County, California·, filed January 4, 1911, in Map Book 4, page 78, more particularly described as follows: BEGINNING at a Point on the east line of West E1 Pintado Road (formerly known as E1 Pintado Road) at the southerly end of a·right-of-way line bearing South 35o32'30" West as said right- of-way line is described in the deed by Langdon H. McLean, et ux, to Contra Costa County, dated February 1, 1949, and recorded February 9, 1949 in Book 1350 of Official Records, page 45; thence from the Point of Beginning along said east line North 36°27'56" East (the bearing of North 36o27'56" East being taken for purposes of this description), 10.54 feet; thence parallel and 30 feet distant at right angles from the centerline of West E1 Pintado Road as shown on sheet 3 of 15 of Drawing BR 4634 D-69 on file in the Public Works Department of Contra Costa County, South 12°39'30" East, 83.98 feet to the north property line of tha~ certain parcel of land described in the deed to Marvin R. Poston, dated September 11, 1963 and recorded September 30, 1963 in Book 4460 of Official Records, page 264; thence along said north property line North 89°13'34" West, 9.20 feet to the east line of said West E1 Pintado Road; thence along said east line North 11°54'34" West, 74.95 feet to the Point of Beginning. / j,~mw~ .' EXHIBIT 'B' i PO. 8 iT~ / 96 ~ e/o - 04Z i! i ~" ," 111~1 OR. ~Z.~ ~., 3x m 0 0 ~. ~0' ~ t~86O l5 , 5~ "1~ PO S TO N -N- Rr=v !- Jo-~'b.. ~(/I DED/('/qTED TO THE DeBolt Civil Engineering / 401 South Hartz Avenue BY~"'B CITY OF D//,4"P'!ZL ~ F-~,g' D..vm,,. ¢mlifornla 94S26 /g'Ot70W/7~' ?dBPOSE5. .,s,,a,-,,.o ~°~767 v--? -