HomeMy WebLinkAboutMINUTES - 08131991 - 1.1 (2) Y.. /./o
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 13, 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 91/559
SUBJECT: Approval of the Parcel Map, Acquisition of Off-Site
Right-of-Way Agreement and Subdivision Agreement for
Subdivision MS 59-83 , Alamo Area.
The Public Works Director having reported that the drainage
improvements required by the ordinance code involve construction of
a storm drain line through four properties. The developer, Raymond
Suppe, has been unable to obtain easements from three of the four
property owners 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 obtain the said easements after the
map has been filed.
The following documents were presented for Board approval this
date:
The Parcel Map of Subdivision MS 59-83 , property located in
the Alamo area, said map having been certified by the proper
officials.
A Subdivision Agreement with Raymond Suppe, subdivider,
whereby said subdivider agrees to complete all improvements as
required in said Subdivision Agreement within one year from the
date of said agreement.
Said documents were accompanied by:
I. Security to guarantee the completion of road and drainage
improvements as required by Title 9 of the County
Ordinance Code, as follows:
A. Cash deposit (Auditor' s Deposit Permit No. 188432,
dated April 5, 1991) in the amount of $1, 520 made
by Raymond Suppe.
B. Additional security in the form of a letter of
credit dated March 27, 1991, issued by Bank of
Walnut Creek with Raymond Suppe as principal, in
the amount of $150,480 for faithful performance and
$76, 000 for labor and materials.
II An Agreement for Acquisition of Off-Site Right-of-Way for
Subdivision MS 59-83, with Raymond Suppe, subdivider,
whereby said subdivider agrees to pay all costs and
expenses as follows:
A. Cash deposit (Auditor's Deposit Permit No. 188432,
Dated April, 5, 1991) in the amount of $3 , 000 made
by Raymond Suppe.
B. Additional security in the form of a letter of
credit issued by Bank of Walnut Creek, with Raymond
Suppe as principal, in the amount of $27, 000.
III. 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 1990-91 tax
lien has been paid in full and the 1991-92 tax lien,
which became a lien on the first day of March, 1991, is
estimated to be $18, 100.
RESOLUTION NO. 91/559
Approval of the Parcel Map for MS 59-83
August 13 , 1991
Page Two
IV. 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. 1237133, issued by Amwest Surety
Insurance Company as principal, in the amount of $18, 100
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 for Subdivision MS 59-83 is also APPROVED
and the Chair is authorized to execute said agreement.
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 date shown,
ATTESTED: AUG 13 1991
PHIL BATCHELOR,Clerk of the Board
Of Supervisors and 30omy Administrator
By CePuW
Originator: Public Works (ES)
cc: Director of Community Dev.
Public Works - Const.
Raymond Suppe
P.O. Box 256
Alamo, CA 94507
Bank of Walnut Creek
1400 Civic Drive
P.O. Box 8080
Walnut Creek, CA 94596
Amwest Surety Insurance Company
395 Civic Drive, #F
Pleasant Hill, CA 94523
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BO13 .t8
RESOLUTION NO. 91/559
1. 10
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 13 , 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Approval of Subdivision Agreement, Parcel Map and
Acquisition of Off-Site Right-of-Way Agreement for MS 59-83 ,
Alamo area
The Board this day adopted Resolution No. 91/599 approving
the Parcel Map, Subdivision Agreement and Acquisition of Off-Site
Right-of-Way Agreementrfor MS 59-83 in the Alamo Area.
In connection with the approval of said resolution, Mr. W.
Walter Foskett, 100 Vernal Drive, Alamo, appeared and objected to
approval of the right-of-way agreement for the flood control system,
and urged the Board to delay approval of the minor subdivision.
Supervisor Schroder explained that approval of the final map
and the agreements is a ministerial act only, and the actual plans
would be worked out at a later date.
J. Michael Walford, Public Works Director, agreed with
Supervisor Schroder and explained that approval of the agreements does
not give Mr. Suppe the right to go across Mr. Foskett' s land with
storm and sanitary easements. He advised that Public Works will try
to help the parties reach an agreement as to where the lines can go,
and that failing to do so would necessitate a condemnation action, in
which case the question of what is the best location for those lines
would come before the Board.
Supervisor Schroder asked that the minutes reflect the
comments of Mr. Walford for Mr. Foskett.
IT IS BY THE BOARD ORDERED that the minutes reflect the
above statements by the Public Works Director.
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 qate shown.
ATTESTED: 3
PHIL SAT OM Cierk of the Soard
af Sum and CoWdY Admini sb*W
cc: Public Works Director By