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HomeMy WebLinkAboutMINUTES - 11291988 - 1.27 J, L 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 29, 1988 by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson $ Schroder NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 88/731 SUBJECT: Approval of the Final Map, Subdivision Agreement, Acquisition of Off-Site Right of Way Agreement and Drainage Improvement Agreements and Accept storm drain easement for Subdivision 6966, Alamo Area. The Public Works Director having reported that off-site drainage improvements required by the Ordinance Code for Subdivision 6966 involves construction of a storm drain line through two properties located on Las Quebradas Lane in the Alamo area. One property is owned by Robert and Maureen Fornengo, the other is owned by Wallace and Diana Houts. The developer, Silicon Valley Diversified, has been unable to obtain easement rights over the. two 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 other off-site drainage improvements required by the Ordinance Code for Subdivision 6966 includes the extension of an existing upstream storm drain pipe, located in an area dedicated to Contra Costa County for drainage purposes, on property owned by Raymond L. and Carol Webb. Silicon Valley Diversified has been unable to obtain permission from the Webbs to enter. their property and asks that the County accept the offer of dedication and allow the required drainage work to be completed. The following documents were presented for Board approval this date: I. The Final Map of Subdivision 6966, property located in the Alamo area, said map having been certified by the proper officials. II. A Subdivision Agreement with Silicon Valley Diversified, 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 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. 147421, dated October 24, 1988) in the amount of $3,200 made by Silicon Valley Diversified. B. Additional security in the form of a corporate surety bond dated August 24, 1988, and issued by Insurance Company of the West (Bond No. 11 12 43) with Silicon Valley Diversified, as principal, in the amount of $319,400 for faithful performance and $161, 300 for labor and materials. RESOLUTION NO. 88/731 III. An agreement for Acquisition of Off-Site Right of Way with Silicon Valley Diversified, 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. 147557, dated October 26, 1988) in the amount of $24,500 made by Silicon Valley Diversified. B. Additional security in the form of cash deposit (Auditor ' s Deposit Permit No. 147577, dated October 26, 1988) in the amount of $20, 000 made by Silicon Valley Diversified. IV. A Drainage Improvement Agreement with Silicon Valley Diversified, developer, whereby said developer agrees to complete certain downstream 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. 147421, dated October 24, 1988) in the amount of $1, 000 made by Silicon Valley Diversified. B. Additional security in the form of a corporate surety bond dated October 24, 1988 and issued by Insurance Company of the West (Bond No. 11 12 44) ' with Silicon Valley Diversified, as principal, in the amount of $59, 000 for faithful performance and $30, 000 for labor and materials. V. A Drainage Improvement Agreement with Silicon Valley Diversified, developer, whereby said developer agrees to complete certain drainage improvements along the Webb property 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 drainage improvements as required by title 9 of the County Ordinance Code, as follows: A. Cash deposit (Auditor' s Deposit Permit No. 148815, dated November 23, 1988) in the amount of $1, 000 made by Silicon Valley Diversified. B. Additional security in the form of a corporate surety bond dated November 22, 1988, and issued by Insurance Company of the West (Bond No. 1127551) with Silicon Valley Diversified as principal, in the amount of $4, 800 for faithful performance and $2,900 for labor and materials. VI. A 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 1988-89 tax lien has been paid in full. 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 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 Agreement 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 the "Area Dedicated to Contra Costa County for Drainage Purposes", conveyed by Offer of Dedication, recorded on December 22, 1977, in Volume 8642 of Official Records on page 175, is ACCEPTED. I hereby certify that this to a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: N OV 2 9 1988 PHIL BATCHELOR,Clerk at the Board of Supervisors and County Administrator lay :: _ Deputy Originator: Public Works (ES) cc: Director of Community Development Public Works - Construction Road Engineering Silicon Valley Diversified 851 E. Hamilton Avenue, #120 Campbell, CA 95008 Insurance Company of the West P.O. Box 9283 Walnut Creek, CA 94598-0983 Robert Fornengo 91 Las Quebradas Lane Alamo, CA 94507 Wallace Houts 89 Las Quebradas Lane Alamo, CA 94507 Raymond Webb 269 Bolla Avenue Alamo, CA 94507 BO:29.t11 RESOLUTION NO. 88/731