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HomeMy WebLinkAboutMINUTES - 09142004 - C15 TO:p BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: September 14, 2004 SUBJECT: Approving the Parcel Map and Subdivision Agreement,being developed by Suellen Schaumburg for Minor Subdivision 03-00013. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 465 for Minor Subdivision 03-00013,approving the parcel map and subdivision agreement, being developed by Suellen Schaumburg,Rodeo area. (District II) FISCAL IMPACT: None BACKGROUNDIREASON(S) FOR RECOMMENDATION(S): The developer has satisfied their Conditions of Approval. CONSEQUENCES OF NEGATIVE ACTION: The parcel map and subdivision agreement would not be approved. Continued on Attachment:_,,,,, SIGNATURE: tl�. 14AZ _LeRIICOMMENTIATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,AVfROVE OTHER SIGNATURE(S): ACTION OF BO ON SETIIER I4, 2004 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT NONE date Shown.) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: SEPTEMBER 14, 2004 G:\GrpData\EngSvc\BO',2004\04-14-04\MS 03-00013 Order.doc JOHN SWEETEN, Clerk of the Board of Oris.Div: Public Works(ES) Supervisors and County Administrator Contact: F.Navarro(313-2264) cc: Public Works—T.$ell,Construction —K,Dahl,Engineering Services Current Planning,Community Development T—July 14,2005 A/ , Suellen Schaumburg By , Deputy 1100 Fairview Ave Brentwood,CA 94513 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y, CALIFORNIA Adopted this Resolution on September 14, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILK0,A, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 465 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 03- 00013, being developed by Suellen Schaumburg,Rodeo area. (District 11) The following documents were presented for Board approval this date: 1. Map The Parcel map of Minor Subdivision 03-00013,property located in the Rodeo area, Supervisorial District 11, said map having been certified by the proper officials. it. Subdivision Agreement A subdivision agreement with Suellen Schaumburg,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: 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. Originator:Public Works(ES) ContacG:\Grpt: Frank Navarro 30\200\0-14-0 ATTESTED: SEPTEMBER 14, 2004 G:\GrpDatalEngSvelBO\2004\09-14-04ll�iS 03-00013 B0-21.doc KD:rm JOHN SWEETEN,Clerk of the Board of Supervisors and cc: Public Works—T.Bell,Construction K.Datil,Engineering Services County Administrator Current Planning,Community Development T—July 14,2005 Suellen Schaumburg 1100 Fairview Ave Brentwood,CA 94513 By j """F ,Deputy RESOLUTION NO.2oo4/ 465 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 03- 00013,being developed by Suellen Schaumburg,Rodeo area. (District II) DATE: September 14,2004 PAGE: 2 A. Cash Bond Performance amount: $15,797.23 Auditor's Deposit Permit No. 428837 Date: July 29, 2004 Submitted by: Rick Spencer Taxpayer's identification number: 568-96-8465 B. Cash Auditor's Deposit Permit No.: 428837 Date: July 29, 2004 Labor&Materials Amount: $7,898.62 Principal: Rick Spencer III. Tax Letter 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 2003-2004 tax lien has been paid in full and the 2004 tax lien,which became a lien on the first day of January 2004,is estimated to be$2,500.00,with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit No.: 428366 Date: July20, 2004 Amount: '$2,500.00 Submitted by: Rick Spencer NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. 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. 2. 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. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/465 SUBDIVISION AGREEMENT / (Gov.Code,§§66462 and 66463) subcovision: /y Effective Date:_��j�, Subdivider: Completion Period: y C THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO. CONTRA COSTA COUNTY 7SUBDIVIDER Maurice M.Shiu,Public Works Dctor ew- By: 62 Print Nang 3 RECOMMENDED FOR Aon? 11"}` t,t: Print Title 0 By: Print Name Engineering rvicesv n I, Print Title FORM APPROVED: St4no B March unty CounselN{ 07E:All signatures must be acknowledged,if Subdivider is Incorporated,the contract must be signed by two officers.The fast signature must be that of the chairman of the board,president,or vice-president the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of Cal'omia ) Courtlyof�.Zr�..t,-��..t..., ss, On the date written Wow,before me,the undersigned Notary Public,personally appeared the peo signing above for. y l vt � .04,6 brow A ue*Prored to me on the basis of satisfactoryevidence)to be the rson("hose nam subscribed to the within instrument and acknowledged to me executed the same in this@ er§*r authorized capacity(W and that by Mst a signaturekon the instrument the persoO*or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seat. Dated: ti A L.CROSS x COMM. #1327605 Notary Public (Notary Sea4} "°i NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY My Comm;ExPres November,21,2005 i! r 1. PARTIES&DATE Effective on the above date,the County of Contra Costa,California,(hereinafter"County")end the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage lmprovements,signs,street lights,fire hydrants,landscaping and such other Improvements(including appurtenant equipment)as required in the improvement plans for this Subdivision as reviewed and on Me with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter`Ordinance Code'), Subdivider shah complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at seq.)in a good workmanilke manner,in accordance with accepted construction practices and Ina manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY.Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee:$f r717, cash,Pius additional security,in the ar nount of$ which together total one hundred percent(100%)of the estimated cost of the Work. Such addition security is presented in the form of: Cash,c affled check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdividerguarantees performance under this Agreement and maintenance of the Work forone yearafter its completion and acceptance againstany defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount$ which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of: L Cash,certified check,or cashier's check Acceptable corporate surety bond, Form Approved by County Counsel Acceptable Irrevocable letter of credit. [Rev.9103) Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Hoard of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 944.406 and 94.4.408 of the Ordinance Code. 4, GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shalt be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishment work for landscaping Installed under this Agreement Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to en sure establishment of plants. Said plant establishment work shall be per€omied for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6, IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work ardor materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof complies with the requirements of this Agreement,or acceptance of ft whole or any part of said Work andlor materials,or payments therefor,or any combination or all of these acts,shall not relieve the Subdivider of h obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the Indemnitees from the liabilities as defined in this section: A. The indemnilees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal Injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and Including the defense of any suft(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Conditions.The promise and agreement in this section are notoonditioned ordependent on whetherornot any indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this Work or Subdivision,or has Insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 9. COSTS.Subdividershall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to the Work,and priorto acceptance of the Work as complete orexpiration of any applicable warranty periods, whichever is later. 10. SURVEYS.Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS, If Subdivider fails to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the Worn County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)Immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even 9 Subdivider subsequently completes the Work. Should County sue to compel performance under this Agreement or to recover costs incurred In completing or maintaining the Work,Subdivideragrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even If Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION}ANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city orls annexed to an existing city,except as provided in this paragraph,County's rights under this Agreement andlor any deposit,bond,or later of credit securing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply In favor of the indemnitees listed in paragraph S.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY,Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel [Rev.9/031 HAFinahPW1LWSubAgmt.9.03.wpd Page 2 of 2 F g its Sa K « � S S t I I44 � lig � by $ U 11 t lit lit ;t � "w 15{P, . Ja PRO � � R . 9I 1.� s I i r I t 3,W,isAts � � i' {taHw7.uaco Y $4 IRE lie 0-4 +*069TH-99WE N [� M 1 aooxa sts! k1 0�;; � l ip i«� tN ✓^ � � oyd o N R e / rgo N 11 ......... ......... ......... ......... ......... ......... ......... ......... ......... ..... .._. _ .. __ ........ ..........-_. ......._.. _........ ......... ......__.....__......_.. _........ ......... ......... ......... ......... V0JD AFT'C-R 91U04 7120104 NO AM $42 03-0013 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Coliecior Finance Building,Room 100 P.O.Box 631 Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor :,larar pq -_ Date: 7120/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract!IVIS# City T.R.A. 03-0013 RODE0 62058 Parcel#: 357-103-009-1 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $2,500.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Berard of Supervisors. WILLIAM J. POLLACEK, Treasurfe,r-Tax Coll ct r, By: f SLP.1_�.2004 1:51Pm CCC PE.€BLZC ARKS DEPOSIT PERMIT NQ'070 P.2 OFFICE OF COUNTY AUg>jT It-CONTROu TC7THE'CREAU#ltER: MARTINEZ,CALFM#WA �� •�,-..>��.i I r1���"` IEMVED FROM . i t ORGANIZATION NUMBER .._(I ')rte L Com► cMMoc6e s Fr u p�y�Craunty Aldff inittrotdr's MM uMtwtin 14Sy L1Mn5CR7t M"MC3N FUND/OM TASK CMPT1pN Ah UkVT �} ' �o0 Z A4 r 17 00, 13 j � r { � M } ?�� d ( : t 7 / %' ✓ 71''/ ''GjGl�. f' it�c iz of the o+r;ng ism { CO(N OW Ct RIMNCY 161 f /1 ✓ ':f FOR AUDM OR-Co�MotCgt t35E£1trNY 14 Tho amt of dsctyz -ds+t n,*the CmtTwarpr it fcr li ' mcg�pt of`cbme;w-unt x -p� R,ecaipt of oMo�* Lxaty Cetrr{1Y Atldw .34 MCMV{7-93} t �� Y Crwe�i}+iriracv+w SEP.15.2004 1:51PM CCC PUBLIC WAS- w"W" pnmfNO 070 P.3 .L7 OF COUNTY JkUDt'Olt-CON'!'ttOLLER EI t{t TO TRVASUR R: MA"NEx.CAi FORMA ORMWMATION NUMBER ' aldrnirritifratcx'x ,toy i3 CREP#7 iUCNE>JC�RG SM ACCT. TABIC CNN ACT"Y AAAOLNT r E ! ILI E 442 ,2 .E �3L�l.S E J aw EXP!A,NAMU' Mo-t--q- TOTAL $DEPOSM f Deposit corm sls of the COIN OW CURRENCY $ CHEM Mtn,.E"CC. Iw owoslrs FOR AUC i3R-CC 1T i i a USE OMY CEPOSTr N1mm CIATE 712,1 l° ASS*NEU The t7moumt of otomy&crsjbW abo,,is far TfaesX�7 ,� 5f1'iYI!'p f11R C.",ty T7 gx" I xeipt of abb"amourvt is lvm3by � - T;r Ex 7''.� �E( ��CountyaysiE« "d: (74 EY 3) �r countyrre� ,.SAR1 f , J . ...: SEP.2 S.2004 2PP1 CGC IUBLIC PUBLICtJC3RlCS, S1'I"PES lli NO 070 P.4 OWSOF tOUNTY AUMT`OR-CONfEtOLLER J� � 0 THE TREASOM: 'MARTMZ CAUFORNEA A, *CFNM ROOM (r ORGANMATION NI)AM ;For Cah C0110C M PracrduM S"[wmty A l*-mWu hw's cul{ M 1054 t3ESCRtP"t tC t t It3RG ACCE TASK OPTION ACTYWTY Alert lW 14 ,1 lift 2 }� 4V9 i�z ki6 Wit T o t F F F t F t t. F 1 E F { E F ElfP1 AhtAT N: TOTAL � F DEPOT t Deposit cora ft of tf*fa lowing inti- COIN and CURREMC't' S CHECKS,MC't.ETO $ BANK D EPO5fTS $ PERMrr M-7 MATE I .I ASS*NED The*mount of m*r4y defc rtmd abow 4 far Tr�rasiutt 3 mft;pt of amftun i3,appro,,a . deP**bio the�T't-aury fi c Qmeurti#is hereby r -Om$�W/p lit ( 'r E�{/' DX1 '". ya • Std 0ePutY courFy Fre�utvr •3!F?EY.�,�-935 ,..� { SEP. 15.2004 1:52PM CCC PUBLIC WORKS NO.070 P.5 0649-9665 / 8310: G1139724, $89,555.00, Sub 8381, Improvement Plan Review, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: 63139738, $17.542.00. DA0043, Plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000. 6113940, $500.00_, RS 2921, Record of Survey Deposit, Harriet Leong-Hall / Stephen D. Hall, 98 Barbara Rd,, 4rinda, CA 94563 0649-9665 / 831000. G1139741, $5.000,00, Sub 8779, Improvement Plan Review, Centex Hames Northern California, 2527 Camino Ramon, Suite 100, San Ramon, CA 94583 0649-9665 / 831000:. &1139743, $10,178.35, RA11e 2, Road Acceptance Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd'., Milpitas, CA 95035 0649-9665 / 831000: 01139751, $ , RS2923, Record of Survey Deposit, Milani and Associates, 4071 Port Chicago Hwy, Suite 100, Concord, CA 94520 0649-9665 / 831000: 61139752, $500-00, RS2924, Record of Survey Deposit, Earl L. Gray, 3564 Eris Ct., Walnut Creek, CA 94598 0649-9665 / 831000,. 61139754, $50000, bP 02-3052, Review of Reling of Abutters Rights, Canyon Creek Presbyterian Church, 347 Fostoria Way, Suite b, San Ramon, CA 94583-1318 0682-9752: G1139735, $14200.£39, Parker Ave Underground, Kevin M. Osman, 2656 Silverado, Pinole, CA 94564 819800-0800: 61.139737, The Mechanics Bank, 683 Parker Ave, Rodeo, CA 94572 $15,797.23, M$13-03, Cash Bond .._ SEP.15.200�3 1:52PM CCC PUBLIC WORKS N0.070 P.6 $7.898.62, MS 13-03, Payment (labor & materials) 819800.0800: 61139739, Kinder Morgan SFPP, L.P., 2100 Town & Country, Orange, CA 92868 $10,000.00, FC Permit 632-03, Additional Cash Bond $10,000.00, FC Permit 633-03, Additional Cash Bond County of Contra Costa Deposit Permit Office of County Auditor-Controller Martinez, California To the Treasurer: Received From TREASURER TAX COLLECTOR Organization Number 0015 (Organization) 625 COURT ST. RM 100 Martinez, Cat. 9.4553 (For Cash Collection Procedures See County Administrator's Bulletin 105.) Description Fund/Or2 Sub Acct Task Option Activity Amount SUBDIVISION TAX GUARANTEE 810900 0800 $2,500.00 REVIEW REQUIRED BY CONTRA Total COSTA TAX COLLECTOR AFTER 09103104 Deposit $2,500.00 SUBDIVISION TAX GUARANTEE TRACT/ MS 03=0013 Deposit consists of the following items use t4 pay taxes 2004-2005 COIN and CURRENCY $ RICK SPENCER CHECKS,M.O., Etc. $ $2,500.00 1104 DENNIS CT BANK DEPOSITS $ RODEO CA. 94572 FOR AUDITOR-CONTROLLER USE ONLY 510-799-1742 DEPOSIT PERMIT NUMBER AND DATE ASSIGNED: DP # 4283366 JUR 2 DATE 07/20/04 The amount of money described above is for Deposit into Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. the County as ry. approved. �r July 20,2004 Cl�r?ffi Sig fid: f l �'r Date: Julie ont 925-957-2842 Signed: Signed: SUBDi SION TAX SPECIALIST Deputy County Auditor Deputy County Treasurer D-34 Rev.(5101)JAC