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HomeMy WebLinkAboutRESOLUTIONS - 10181988 - 88-661 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 18, 1988 by the following vote: AYES: Supervisors Powers , Panden, McPeak, Torlakson $ Schroder NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 88/661 SUBJECT: Approval of the Parcel. Map, Subdivision Agreement and Acquisition of Off-Site Right of Way Agreement for Subdivision MS 43-88, Nichols Area. The Public Works Director having reported that the off-site drainage improvements required by the Ordinance Code involves construction of a storm drain line through three properties (Sacramento Northern, Southern Pacific and Atchison, topeka and Santa Fe) . The developer, GWF Power Systems Company, Inc. has been unable to obtain the easement rights over the three parcels and has executed an Acquisition of Off-Site Right of Way Agreement to assure acquisition of the easements and has waived Section 66462 . 5 of the Government Code which requires the County to obtain the easement rights within 120 days, thereby allowing the developer time to negotiate for said easements after the map has been filed. The following documents were presented for Board approval this date: I. The Parcel Map of Subdivision MS 43-88, property located in the Nichols area, said map having been certified by the proper officials. II. A Subdivision Agreement with GWF Power Systems, Inc. , subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year. Said document was accompanied by security to guarantee the performance of public road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash deposit (Auditor's Deposit Permit No. 146066, dated September 22 , 1988) in the amount of $1, 500 made by GWF Power Systems Company. B. Additional security in the form of a corporate surety bond dated September 7 , 1988, and issued by United States Fidelity and Guaranty Company (Bond No . 06012012572889) with GWF Power Systems Company, Inc. , as principal, in the amount of $143 , 900 for faithful performance and $72, 700 for labor and materials. III. An agreement for Acquisition of Off-Site Right of Way with GWF Power Systems Company, Inc. , subdivider, whereby said subdivider agrees to pay all costs and expenses involved in acquiring off-site right of way for storm drain facilities. Said document was accompanied by security to guarantee payment of off-site right of way acquisition expenses RESOLUTION NO. 88/661 in the form of a cash deposit (Auditor's Deposit Permit No. 146066, dated September 22, 1988) in the amount of $1,500 made by GWF Power Systems Company, Inc. IV. Letter from the County Tax Collector stating that there are no -unpaid County taxes heretofore levied on the property included in said map and that the 1987-88 tax lien has been paid in full and the 1988-89 tax lien, which became a lien on the first day of March, 1988, is estimated to be $14,900. Said document was accompanied by Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code in the form of a surety bond, No. 060 11012576884, issued by United States Fidelity and Guaranty Company with GWF Power Systems Company, Inc . as principal , in the amount of $14 , 900 guaranteeing the payment of the estimated tax; NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. BE IT FURTHER RESOLVED that said Acquisition of Off-Site Right of Way Agreement is also APPROVED and the Chair is authorized to execute said agreement. BE IT FURTHER RESOLVED that upon the recommendation of the Public Works Director, issuance of all building permits shall be withheld until the off-site storm drainage lines are constructed and accepted as complete. hereby certify that this is a true wird correct copy of an action taken and entered on the minutes of the Board of supervisors on the date sho:vn. ATTESTED: OCT 18 MR PHIL BATCHELOR,Cievic of the Board of supervisors and County Admin!strator By �n �—e , 1i. , Deputy Originator: Public Works (ES) cc: Director of Community Development Director of Building Inspection Public Works - Construction Road Engineering GWF Power Systems Company, Inc. 17780 Fitch Street, Suite 240 Irvine, CA 92714 United States Fidelity & Guaranty Company 100 Light Street Baltimore, MD 21203 BO: 18.t10 RESOLUTION NO . 88/661