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HomeMy WebLinkAboutRESOLUTIONS - 08161988 - 88-528 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 16, 1988 by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson & Schroder NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 88/528 SUBJECT: Approval of the Final Map, Subdivision Warranty Agreement, Acquisition of Off-Site Right of Way Agreement and Drainage Improvement Agreement for Subdivision 5882, Concord 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 (Tosco Corporation, EBMUD and Contra Costa Water District) in an area which the Army Corps of Engineers has designated as wetlands. The developer, Conco Cement Company, 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 Public Works Director having further reported that the Army Corps of Engineers has filed a Cease and Desist Order against the subdivision, since roughly half of the subdivision lots were located within a wetlands area and had fill placed upon them. The Cease and Desist. order does not affect the filing of the map but does affect the issuance of building permits. In addition, the installation of the off-site subdivision drainage improvements requires approval of the Army Corps of Engineers which has not been obtained yet. Given this, the Public Works Director recommends that issuance of building permits be withheld until the drainage improvements required by the Ordinance Code are installed and accepted as complete. The following documents were presented for Board approval this date: I. The Final Map of Subdivision 5882, property located in the Concord area, said map having been certified by the proper officials. II. A Subdivision Agreement for Improvement Warranty with . Conco Cement Company, subdivider, whereby said subdivider guarantees that all public road and drainage improvements constructed per conditions of approval for Subdivision 5882, to be free of defects for 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. 142633 , dated July 1, 1988) in the amount of $4,482 made by Conco Development Company, a California Limited Partnership. RESOLUTION NO. 88/528 B. Additional security in the form of a corporate surety bond dated June 27, 1988, and issued by Reliance Insurance Company (Bond No. B463020) with Conco Cement Company as principal, in the amount of $62,748 for faithful performance and $224, 100 for labor and materials. III. An agreement for Acquisition of Off-Site Right of Way with Conco Cement Company, 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 as follows: A. Cash deposit (Auditor's Deposit Permit No. 142633 , dated July 1, 1988) in the amount of $37, 500 made by Conco Development Company, a California Limited Partnership. B. Additional security in the form of a corporate surety bond dated June 27, 1988, and issued by Reliance Insurance Company (Bond No. B 463021) with Conco Cement Company as principal, in the amount of $103,500. IV. A Drainage Improvement Agreement with Conco Cement Company, developer, whereby said developer agrees to complete certain off-tract drainage improvements as required in said drainage improvement agreement within one year from the date of said agreement. Said document was accompanied by security to guarantee the completion of off-tract drainage improvements as required by Title 9 of the County Ordinance Code as follows: A. Cash deposit (Auditor's Deposit Permit No. 142633, dated July 1, 1988) in the amount of $4, 280 made by Conco Development Company, a California Limited Partnership. B. Additional security in the form of a corporate surety bond dated June 27, 1988 and issued by Reliance Insurance Company (Bond No. B 463019) with Conco Cement Company as principal, in the amount of $423 ,720 for faithful performance and $214, 000 for labor and materials. V. 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 $83, 600. 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. B 463018, issued by Reliance Insurance Company with Conco Development Company, a California Limited Partnership as principal, in the amount of $83 , 600 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. RESOLUTION NO. 88/528 n BE IT FURTHER RESOLVED that said Final 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 Warranty and Drainage Improvement Agreements are 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. 1 hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisom on the date shown. ATTESTED: AI LJ C 1 s I PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By ,Deputy Originator: Public Works (ES) cc: Director of Community Development Director of Building Inspection Public Works - Construction Road Engineering Conco Cement Company 5151 Port Chicago Highway Concord, CA 94520 Reliance Insurance Company c/o James Jenkins Insurance 1341 Galaxy Way Concord, CA 94520 BO: 19.t7 RESOLUTION NO , $$/528