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Home My WebLink AboutMINUTES - 09011998 - C17-C21 __ _. CONTRA STA Co Recorder's Office STERNEN t_. WEIR, Count Recorder Recorded at the request of. y Contra Costa County Public Works Department DOC -- --( -3:3 1 2_,...00 Return to: Thursday, SEP 03, 1998 Public Works Departrnent Engineering services FRE $Q,0O•' T L: Rru $0.00 Nbr--0000248041 rC /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 1, 1998,by the following vote: AYES: &4xrvisors uillffrn, Gerber, Dela Amer, ear aral.l,a, aril pcgers NOES: Num ABSENT: Ncne ABSTAIN: Nam RESOLUTION NO.: 98/449 SUBJECT: Accept Completion of Off-site Drainage Improvements for Subdivision 7679,Byron area. The Public Works Director has notified this Board that the drainage improvements for Subdivision 7679 have been completed as provided in the Subdivision Agreement with Centex Homes heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 1, 1998, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT S=TY- August URETYAugust 9, 1994 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$136,000,Bond No. 11127249701 issued by the above surety be RETAINED for the six month lien guarantee period until March 1, 1999, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. SUBJECT: Accept Completion of Off-site Drainage Improvements for Subdivision 7679, Byron area. DATE: September 1, 1998 PAGE -2- BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$2,700 cash deposit(Auditor's Deposit Permit No. 247630,dated July 28, 1994) made by Centex Real Estate Corporation and the performance/maintenance surety for $269,300, Bond No. 11127249701 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RL:mw I hereby certify that this is a true and correct G:\GrpData\EngSvc\BO\BO 9-1-98.doc copy of an action taken and entered on the Originator: Public Works(ES) minutes of the Board of Supervisors on the Contact: Rich Lierly-313-2348 date shown. cc: Public Works -Tax I.D.,Accounting R.Bruno,Construction ATTESTED: " � Maintenance Tickle File—August 25,1999 PHIL. BATCHE00R, Clerk of the Board Recorder(via Clerk),then PW Engineering Services of Supervisors and7"�unty Administrator Sheriff-Patrol Div.Commander CHP,c/o Al By t,dllt .. Deputy CSAA—Cartog Sue Patterson,Centex Homes,1855 Gateway Blvd.,Concord,CA 94520 The American Insurance Company,77 Marin Dr.,Novato,CA 94998 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 1, 1998,by the following vote: AYES: &ams IJs.].lam, Comer, DoSaulnicer, CamLTil]a, a-d Pcgers NOES: Norte ABSENT: None ABSTAIN: None RESOLUTION NO. 98/453 SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 7585 (Phase II), Oakley area. The following document was presented for Board approval this date: A substitute subdivision agreement with Oakley-Avalon L.P., a California limited partnership, 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 document was accompanied by the following: Security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit(Auditor's Deposit Permit No. 31.869 1, dated August 20, 1998) in the amount of$1,580, made by Oakley-Avalon L.P. b. Additional security in the form of a corporate surety bond dated June 30, 1998, and issued by Insurance Company of the West(Bond No 156 32 74) with Oakley-Avalon L.P., a California limited partnership as principal, in the amount of $156,519 for faithful performance and $79,050 for labor and materials. All deposit permits are on file with the Public Works Department. SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 7585 (Phase II), Oakley area. DATE: September 1, 1998 PAGE -2- NOW THEREFORE BE IT RESOLVED that said substitute subdivision agreement is APPROVED. BE IT FURTHER RESOLVED that the subdivision agreement with Hofmann Construction Company, as approved by the Board on January 27, 1998, is TERMINATED, the improvement security bond with The American Insurance Company is EXONERATED and the Public Works Director is AUTHORIZED to refund the cash deposit(Auditor's Deposit Permit No. 190342, dated May 15, 1991) in the amount of$1,580,plus interest in accordance with Government Code Section 53079, if appropriate, to Hofmann Company. RL:mw G:\GrpData\EngSvc\BO\BO 9-1-98.doe Originator:Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works -Accounting R.Bruno,Construction Current Planning,Conununity Development Oakley-Avalon L.P.,a California limited partnership By: I-IPH Homebuilders 2000 L.P.,a California limited partnership,General Partner By: Poter-Livingston Development,Inc,a California Corporation,General Partner 1210 Central Blvd.,Brentwood,CA 94513 Insurance Company of the West 1565 Exposition Blvd.,#140,Sacramento,CA 95815 The American Insurance Company One Market Plaza-Spear Street Tower,San Francisco,CA 94104 Hofmann Construction Company 1380 Galaxy Way,Concord,CA 94522 1 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, PHIS, BAT CHEt!0R, Clerk of the Board of Supervisors and County Administrator By 11 Deputy _ 11.1111111111111111.111....... OtIq Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on September 1, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/447 SUBJECT: Approving Referred Improvement Agreement along Whyte Parr Avenue for Subdivision MS 4-97 (APN 184-162-005), Walnut Creek area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with The Martin Louis Larsen and Nancy Byce Larsen Revocable Living Trust,dated December 9, 1994, as required by the Conditions of Approval for Subdivision MS 4-97. This agreement would permit the deferment of construction of permanent improvements along Whyte Park Avenue, which is located between Boulevard Way and Bridge .Road, in the Walnut Creek area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. RL:JD:mw i hereby certify that this is a true and correct Cr:\GrpData\EngSv6B0\BO9-1-98.doc copy of an action taken and entered on the Originator: Public Wort(ES) minutes of the Bpard of Supervisors on the Contact: Rich Lierly(313-2348) date shown. CC. Recorder(via Title Company)then PW Records ATTESTED: The Martin Louis Larsen and Nancy syceLarsen PHIL SATCHILOR, Clerk of the'Board Revocable Living Trust,dated December 9,1994 of Supervisors and Cr my Administrator Sy/ �#.r..t $�:>>1r t Deputy Recorded at the request of: 1 Contra Costa County i Public Works Department Return to: Public Works Department Engineering Services Division Records Section Area:Walnut Creek Road:Whyte Park Avenue Co.Road No:3845 AZ Subdivision:MS 4-97 APN:184-162-005 DFEERREDIMPR.OVEMENT AGREEMENT (Subdivision MS 4-97) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CQNTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford, Public Works Director MARTIN LOUIS LARSEN and NANCY BYCE LARSEN, Go-Trustees, or any successor trustee, of THE MARTIN LOUIS LARSEN and NANCY BYCE LARSEN REVOCABLE LIVING TRUST dated December 9, 1994. Byr (signature) ellartin Louistarsen, Co- rustee RECQMMENDEDV By: (signature) `�` E ervices Division Nancy yce rsen, Co--Trustee FORM APPROVED: Victor J. Westman, County Counsel (NOTE: this doctttnent is to be acknowledged with signatures as they appear on deed of tide. if Owner is incorporated,signatures must conform with the designated representative (see attached notary) groups pursuant to Corporations Code 6313.) �y 1. FARM. Effective on the County of Contra Costa,hereinafter referred to as"County"and MARTIN LOUIS LARSEN and NANCY BYCEILARSEN,Co-Trustees,or any successor trustee, of THE MARTIN LOUIS LARSEN and NANCY BYCE LARSEN REVOCABLE LIVING TRUST dated December 9,1994,hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PQS E. 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 ENDING ON SUCCESSORS IN Ih7jj=T. 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 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. Mate of &IcPT*ONAL SECTION county of CAPACI Y CWMSD BY SIGNER On 12 VmWL �h�±e tsott+�gt tthe , 1i0t iu the d+cte�."�so etuiry vatwbte to r+et on the Wsonally appeared fflA01V 1 ...... tNtS{VrCiUAf 0 CORPORATE OFFICER(S) 0 pentotudy known to the•OR- proceed to me on the bads of sa Wactory e+ndenoe to be the person(y whose nameW Www subsrxlbed to the wrs#tin tnstruaW t and 0 PARTNMW 011MI EO admowiedged to me that he '' 0 GENERAL "acuted the same in hisJiritWw1r 0 ATTORNEY`44-FOWT autfiortzed capadViso.ondthstby #fTRUSTMS) / _704, t"ri%W*"k signature*on the 0 QUARDUM00INSERVATOR Inskurnent the peuson(e)or the entKY 00T#iM upon behalf of which the person(ol '�`.: act6d.executed the inrr nta t U Atex D. Vostcka Comm.#1104476 171 ofd seal, StGr t{S FSPROSENrING: 0 �' NOTARY PUBLIC-CALIFORNIA IMMIEOF 91t 'C;# CONTRA COSTA COUNTY �} M�Lt7�j�� 3 �*�+�`+��7 comm.Exp.July 27".3400 "' 7 �.._ C OPTIONAL SECTION EU � BE TCERTIFICATE o?CMATR� TrrW OR TYPE OF WCUMENT "WOW t M. DX-TA "AaW' "" NUMBER OF PAGES ff�DATE Of DOCUMENT fiCS 1/14OWN SIGNER(S)OTHER THAN NAMED fi�8OVE L.AP—`�EN �}-7U5 INSTRUCTI�S J0— The NtJ"i##RY Signatures required on documents it�ird coman ply vv tft- fulort to enodkelcw+�t�to bis�acceptable the to Contra Costa County. 1. EQR ALL SIGN4 t3a%; -The name and hoerest of the s(gner should be typed or printed SENE ;,�the Signature. The name roust be signed exactly as It Is typed or printed. ti. sI ES FQtK INOM L§'T'he name mast be signed exactly as it Is printed at typed. The signer's Interest in the property must nes stated. III. Sign l �q SO . R P S,. rr?tg party must be either a general-partnerctar be authorized In wddng to have we auutnOot y to sign or and a partnership. IV. SlGt4A7U13ES FCR CQRPORA—nONS Vocurnents should be signed oy two officers,one from each of tate following two groups: GROUP i. a 'The Chair of the Board The President Any Mice-President GROUP 2. a The Secretary b An Assistant Secretary c 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 ce fied co of a resolution of the Board of Directors authorizing the pwwn signing tate Instrument to execute Instruments of the type in quem is required. A currently valid pourer of attorney,notarized,Wil suffice. - _..... State of l c ,tip OPT K AL SECTION County of CAPAW Y CLAIMED BY SIGNER Cin ' $,IN before mer l� l�!{� �f�?�t l� Ttwuo sftbAeep�'d�.oY�ma.• "nqs�the l��fo C UL.' - t�In the data 11�,doing so uny Personally appeared - vatuabie to pwsaons retykV on the AM Q INDIVIDUAL 13 person*knimn to me-CR- provided to me on the bast of tedsfaoitory 0 CORPORATE OFFICER(S) e0dence to be the p&T*n(*)whose name(A)Wkw Subscribed to the vittin ligament and L3PARTCi UMIMD acia wMedged to me that il�*M&*ay NER(S} p GENERAL executed the same in MoMwAtii* (��1,/AlTTORNEY4NfACT authortzed ra«pad"*.and that by lid-rwzrEE(S} f b-79 t11S E i tnerliit+sir� on the a GUAROWWONSERVATOR kukument the pemonfo or the entity D OTHER: upon behalf of which the person(s) Alex D. Vosicka at acted,executed the instrument Cama.#1104476 " �Nc NOTARY PUBUG•CALIF R � ESS my h d official seal. $HNA{IS PJWRESENTU4: CONTRA COSTA COUNTY #SHR Comm.Exp.July 27._V00 " V Marini=Mg-Wd + - ME L&SOd 1 THIS CERTIFICATE MUST SE ATTACHED OPTIONAL SECTION 4 �. � � TO THE DOCUMENT AT RIGHT TITE.E OR TYPE OF DOCUMENT D tY3 k 4 NUMSER OF PAGES.DATE OF DOCUMENT Wilt SIGNER(S)OTHER w►wrwr.rr.. .aaya., THAN NAMED ABOVE j7N 1tJtSm,jQ' -7if'4`) lMyttM+ Oe+iaiMY MM i tMfAYit}vwE}fl�/q, ' IWII W�IMMt��.i14. INSTRUCTIONS To N4TAF2Y The following Information is provided in an effort topr+�ssing of the documents. Signatures required on dosxtments must comply V tth foll ng to tie acceptable to Contra Mosta County. 1. FOR ALL SI N=13ES -The name and Interest of the signer should be typed or primed L3; �„t the Signature. The name must be signedexactly as#Is typed or printed. Il. 113FOR INDIA UALS_ -The name must be signed exactly as It Is printed or typed. The signer`s Interest in the property must be stated. Ill. §19N4WREA FOR E6=E RS111 s_ftrdngg Party must be either a general-partner or be authorized In vvrlting to have WO Wttlonty to sign Tor and MW Me partnership. IV. SIGNATURES FOR CO POLR6 S DOCUM—en-ti-should be Signed OtUMM,one from each of the following two groups: GROUP 1. a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c 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 cop of a resolution of the Board of threctors authorizing the person signing the Instrument to execute instruments of the type In question Is required. A currently valid pourer of attorney,notarized,wilt suffice. } IRE: Subdivision MS 4-97 EXHIBIT „A" All that real property situated in the County of Centra Costa, State of California, described as follows. All of Parcels A and B, as shown on the parcel map of Subdivision MS 4-97 on file at the County Recorder's Office as follows: Date: Book: Page: JD:mw G:\ENGS VCVOSEPH\DECEWSBER%=4-97.wpd RE: Subdivision NIS 4-97 EXHIBIT "B" IMPROVEMENTS Improvements required by Contra Costa County Community DevelopmentDepartment and the County Ordinance Code as a condition of approval for the above-referenced development are located along Whyte bark Avenue for Parcels A and B, described in Exhibit "A": 1. Approximately 31 linear meters (100 linear feet) of curb, face of curb located. 3 meters (10 feet) from the right of way line. 2. Approximately 31 linear meters (100 linear feet) of 1.4 meter (4-foot 6-inch) sidewalk, width measured from curb face, built monolithic with the curb. 3. Approximately 45 square meters (1501 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. 7. All new utility distribution services placed underground. 8. Improvement plan submitted to the Public Works Department, Engineering Services Division for review. 9, Payment of plan review, inspection and lighting fees. 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. Whyte Park 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 half of the casts. JD:mw:p G:1G rpData\EngSucV OSEPH\DECEM$ER1M54-97.W PD THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted.this Resolution on September 1; 1998, by the following vote: AYES: apervissors Uilkgm, Garl , IeSajlnier, CxciadLla, and Pzgers NOES: None ABSENT: None ABSTAIN: Nc re RESOLUTION NO.:98/450 SUBJECT: Approval of the Parcel Map for Subdivision MS 970004, Walnut Creek area. The following document was presented for Board approval this date: The Parcel Map of Subdivision MS 970004,property located in the Walnut Creek area, said map having been certified by the proper officials; Said document was accompanied by: I. 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 1997-1998 tax lien has been paid in full and that the 1998-1999 tax lien,which became a lien on the first day of January 1998, is estimated to be $2,300: 11. Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code, in the form of a cash deposit, (Auditor's Deposit Permit No. 318249, dated August 12, 1998) made by Martin Larson in the amount of$2,300 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. ! hereby certify that this is a true and correct copy of an action: taken and entored on the RL:JD:mw minutes of the Board of Supervisors on the G:\GrpData\EngSvc\BO\BO 9-1-98.doc date shown. Originator: Public Works(ES) ATTESTED: 6.1i Contact: Rich Lierly(313-2348) PHIL BATCHE CR, Clerk of the Cord cc: Public Works-Transportation of Supervisors and County Administrator Current Planning,Community Development By �� Deputy Martin Larson .r.L.� - P .w-rr 2151 Whyte Park Avenue,Walnut Creek,CA 94595 DATE - I -t C� ITEX ` L E COXSIDERED WITH E LISTED ZR LRROR DELETED