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HomeMy WebLinkAboutMINUTES - 11041997 - C16 lav TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: NOVEMBER 4, 1997 SUBJECT: APPROVE AND AUTHORIZE THE CHAIR OF THE BOARD OF SUPERVISORS TO EXECUTE A JOINT USE AGREEMENT WITH SUNCREST HOMES NUMBER FOUR, LLC, FOR JOINT USE OF PRIVATE ROADS WITHIN DISTRICT EASEMENTS FOR SAN RAMON CREEK IN CONJUNCTION WITH SUBDIVISION 7154, "STONECASTLE ESTATES", ALAMO AREA. Work Order No.: WOL77E SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a Joint Use Agreement with Suncrest Homes Number Four, LLC, for joint use of private roads within District easements for San Ramon Creek in conjunction with Subdivision 7154, "Stonecastle Estates", Alamo Area. Continued on Attachment: x SIGNATURE: �f.�• �� � /t�/Cf l�� r _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 11-04 1997 APPROVED AS RECOMMENDED X OTHER VOXOF SUPERVISORS UNANIMOUS(ABSENT 1 AYES: _NOES: ABSENT: ABSTAIN: GAFLDCTL\FCBOW4-11A.WPD I hereby oa*MM this Is a true and coned copy� ,i action �taakkewn,�wWW entered on tiro minutes of IOW Ot1g.DW: Public Works(Flood Control) ON 01"' •--�- tie d✓�te BhglNgn Contact: Mark Boucher(313-2278) — oVt? rw 2r 177 cc: Real Property PHIL BATCHELOR,Clark of the board Recorder(via RIP) Of tiWOMI80ra and Co::n:y Administrator P/W Accounting Flood Control P.Det ens,Design illy O-P�M SUBJECT: APPROVE AND AUTHORIZE THE CHAIR OF THE BOARD OF SUPERVISORS TO EXECUTE A JOINT USE AGREEMENT WITH SUNCREST HOMES NUMBER FOUR, LLC, FOR JOINT USE OF PRIVATE ROADS WITHIN DISTRICT EASEMENTS FOR SAN RAMON CREEK IN CONJUNCTION WITH SUBDIVISION 7154, "STONECASTLE ESTATES", ALAMO AREA. Work Order No.: WOL77E DATE: NOVEMBER 4, 1997 PAGE 2 H. Financial Impact: None. The execution of the Joint Use Agreement is a Condition of approval for Subdivision 7154 and neither the County, nor the District will incur financial benefit nor loss if the agreement is not executed. M. Reasons for Recommendations and Background: The Joint Use Agreement is a condition of approval for Subdivision 7154 and is needed to define the responsibilities in areas where easements for the Subdivision and the District overlap. IV. Consequences of Negative Action: If the Joint Use Agreement is not approved and executed the District may loose the ability to limit its responsiblities and define its rights in the joint usage of private roads that are within District easements. Recorded request by: When Recorded Mail to: Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez,CA 94553 Attention:Mark Boucher Project: Stonecastle Estates: Subdivision 7154 JOINT USE AGREEMENT THIS JOINT USE AGREEMENT ("Agreement") is by and between CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California("District's, and SUNCREST HOMES NUMBER FOUR, LLC, a limited liability company ("Suncrest'�. The Agreement is effective on the date of execution on behalf of District. Recitals A. Suncrest owns certain parcels of land located in unincorporated Alamo, Contra Costa County (the "County's consisting of approximately 17 acres fronting on Danville Boulevard ("Project's. The Project is more particularly described on the Final Map of Subdivision 7154, filed in Map Book of the Official Records of County at page B. Prior to the approval of the Final Map, District owned certain easements over the Project for flood control purposes including maintenance and repair of flood control areas, which are portions of the flood control channel commonly known as San Ramon Creek. As a condition of its Map, Suncrest is required to dedicate to District additional easements for access to and maintenance of the flood control channel over parcels identified on the Final Map as C.C.C.F.C. & W.C.D. Parcels# 2, 4 and 6. The easements described in this Recital B. are collectively referred to herein as "District Easements': C. As a condition of its Map, Suncrest is required to grant to District additional easements to provide access to the District Easements. These additional easements are over parcels to be identified on the Final Map as C.C.C.F.C. & W.C.D. Parcels# 1, 3, and 7. ("Access Easements'9. D. As a condition of its Map, Suncrest is required to construct certain private roads to provide access to the subdivision and to dedicate easements, including the Access CA973070.058/72272-004 11/04/97 01:13 PM Easements, over portions of those private roads for various purposes including the use and operation of utility and storm drain facilities and access for emergency vehicles. Some portions of the private roads will be within the District Easements. E. The parties desire to enter into this Agreement to define and clarify their respective rights and obligations, as owners of the easements and servient tenement, with regard to their joint use of portions of the Project that are subject to District Easements and Access Easements. F. Suncrest is required to convey Parcels A and B of Subdivision 7154 to County (County Service Area R7-A) and to install and maintain landscaping and other park improvements on the parcels. G. Suncrest intends to establish a homeowners' association, which among other things, will maintain the private streets, the vehicular bridge and the improvements on Parcels A and B, including fencing, landscaping and an entry gate, located in whole or in part upon easements owned by District. H. This Agreement is entered into in partial satisfaction of condition of approval 17(D) of the Map for Subdivision 7154. NOW, THEREFORE;the parties agree as follows: 1. Joint Use of District Easements. (a) Private Roads. Suncrest may construct Collie Craig Court, Stonecastle Drive and Stonecastle Court (collectively, the "Private Roads"), partially within District Easements in accordance with improvement plans approved by County and consistent with this Agreement. Suncrest previously obtained permission of District to construct a vehicle bridge over San Ramon Creek to provide access to the Project and adjacent properties. Suncrest may install landscaping within District Easements along the easterly side of Collie Craig Court. Suncrest may install landscaping required by County along the westerly side of that Court. In addition, the improvement plans shall include the following: (i) A continuous road (Collie Craig Court) from Singing Hills Road to Stonecastle Drive and elimination of the bridge that is shown on the Map near.Lot 3; (ii) Driveways designed for District's maintenance equipment at no more than four locations designated by District; and (iii) County-standard guardrails along the west side of the portions of the Collie Craig Court that are within District Easements. The guardrails shall be located approximately 3 feet easterly of the top of the bank of San Ramon Creek. "No parking" signs shall be attached to the guardrails. 2 CA973070.058 (iv) The existing gate, or a replacement therefor, at the future intersection of Singing Hills Road and Collie Craig Court shall remain in place. In case of emergency (including times when access to the Project along Stonecastle Drive is not available), Suncrest and emergency personnel and vehicles may use the gate and Collie Craig Court for access as described in the Owner's Statement on the Map for Subdivision 7154. District may place its lock on the gate chain and shall allow placement of locks of others, including Suncrest, who have a right to use Collie Craig Court. For purposes of this agreement, "maintenance equipment" shall mean vehicles mounted on rubber tires that have axle loads of 16 tons or less and smooth steel tracked construction maintenance equipment. (b) Use of Private Roads by Owners. The bridge and the portions of the Private Roads within District Easements may be used for ingress and egress to the Project by Suncrest and its successors; by their guests and invitees; by others as set forth in the Owner's Statement on the Map; and, by any homeowners' association having an interest in the Project. Use of Collie Craig Court shall be limited to ingress and egress to Lots 1, 2, 3, 4, and 5 and, during times of emergency, to the Project. The Private Roads also may be used to provide utility service to the lots by the utility companies providing the service and by any homeowners association having an interest in the Project. District agrees not to interfere, hinder or obstruct such use, except as may be reasonably and temporarily necessary to maintain or repair flood control facilities within the District Easement. During the performance of such maintenance or repair, District shall take all reasonable measures to allow the owners of property within the Project, their families, guests and invitees reasonable access to the Project. District shall do everything reasonably possible to allow and to facilitate access from Singing Hills Road via Collie Craig Court during periods when access cannot be provided over Stonecastle Drive. Parking shall not be allowed on Collie Craig Court and Suncrest shall cause the covenants, conditions and restrictions for the Project to prohibit parking on Collie Craig Court. In the event of a failure of the creek bank, nothing in this paragraph shall require the District to replace access. (c) Entry Features on Parcels A and B. Within District Easements on Parcels A and B and Lot 5 of Subdivision 7154, Suncrest may construct entry features, including an entry road and bridge (Stonecastle Drive), landscaping, fences, pilasters and entry gate as approved by the County Zoning Administrator on September 25, 1997, and as revised. If an entry gate is installed by Suncrest, it shall provide District with a key or an access code. Suncrest shall provide three lockable gates in the fences,two north of the entry and one south of it. The gates shall be of sufficient width to allow District employees to enter on foot. District may lock the gates. The fence shall be set back at least two feet from the top of bank. (d) Maintenance and Improvement. 3 CA973070.058 (i) Private Roads. Suncrest shall be primarily responsible for the maintenance and repair of the Private Roads and the bridge. Suncrest shall maintain the portions of the Private Roads that are within District Easements in a condition that permits use by District for maintenance and operation of its adjacent flood control facility. Suncrest shall have the right to improve the Private Roads and the adjacent landscaped areas as it deems necessary for the benefit of the Project and the homeowners within the Project. However, prior to performing any maintenance or improvement work, other than routine maintenance, that substantially differs from the original construction of the portions of the Private Roads within the District Easements or the original landscaping, Suncrest shall obtain approval from District, which approval shall not be unreasonably withheld. (ii) Limited Responsibility of District. District shall not be responsible or liable for protecting in place, damage to, or removal of any facilities, appurtenances or improvements other than the bridge (collectively "facilities") within District Easements (.including but not limited to fencing, landscaping, irrigation systems, turf, turf stone, driveways, decorative pavement) resulting from District's use of the District Easements or work or operations thereon. It shall be the sole responsibility of Suncrest to provide adequate protection for its own facilities; provided, District shall use its best efforts to avoid such damage unless such . avoidance is not reasonably practicable under the circumstances. District may use the Private Roads outside of District Easements and the bridge for ingress and egress of rubber tired vehicles with axle loads of 16 tons or less. District shall have no responsibility for ordinary and usual wear and tear resulting from the passage over the bridge or those Roads of such vehicles. District shall repair any damage to those Roads or to the bridge or to adjacent properties caused by the negligence of its agents, employees or contractors or by the use of the bridge or those Roads by vehicles other than those described in the first sentence of this paragraph. Any such repair shall restore the road or bridge, as the case may be, to the condition existing before the damage, insofar as is practicable. Under no circumstances shall the District have any liability to Suncrest or to any other person or entity for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to any damage or destruction of any portion of Suncrest's facilities. Suncrest hereby acknowledges that its sole remedy for any damage to or destruction of any portion of Suncrest's facilities shall be to require District to repair or replace the damaged or destroyed portion or reimburse Suncrest for Suncrest's reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. 2. Maintenance of Oak Trees. In accordance with the terms of its agreement with the County (on behalf of County Service Area R7-A), Suncrest shall be responsible for the maintenance and care of the oak trees that it plants within District Easements, at the top of the west bank of San Ramon 4 CA973070.058 Creek, south of Stonecastle Drive, as approved by the County Zoning Administrator on September 25, 1997, and as revised. 3. Miscellaneous. (a) The District plans to construct creek channel improvements, including those required by Condition 17(A)(5)(b)to the Map, with the work scheduled to begin in April 1998. As described below, the District will not require the subdivider to construct the required improvements. The District will not construct any improvements or perform any work on the easterly bank of the creek, other than construction of a dissipation wall, and any improvements or work required on that section of the creek, other than construction of a dissipation wall, will remain the responsibility of Suncrest. However,the District may not require further improvements if Suncrest's soils engineer submits tests to the District which confirm no improvements are necessary. Suncrest assumes and shall perform the following obligations of the District under the terms of Condition 17(D); "construct the access roads and install utilities to the Unini and Strand properties (through Lots 19 and 20) and . . . install the guardrail along the easement to the Strand property in.conjunction with that construction." (b) Suncrest will dedicate an easement over Chaney Road to the District for access to the District's drainage facilities. Suncrest shall make this dedication by separate document. The easement will be 25 feet wide and within it Suncrest will construct a 16 foot wide paved road to provide access to its lots adjacent to Chaney Road and for use by the District; provided however, Suncrest is not required to construct any road not required for access to the lots. Suncrest will not be required to pave the road prior to the completion of the District's improvements. Suncrest recognizes that the District intends to pave the road from where Suncrest's road ends to the base of the original Chaney Road Bridge and, at District's option, along the westerly bank of the channel on Lots 21 and 22. Suncrest will prohibit parking on the District's easement through the CC&Rs for the project. (c) The District will fill Lots 21 and 22 as part of its creek channel improvements upon execution of a"right of entry" agreement with Suncrest. The fill shall be sufficient to raise the lots above the 100 year flood plain but the finished lots shall not be higher than the existing lot on the south side of Chaney Road at the creek bank. Suncrest shall not construct houses on Lots 18 -20 until building pads have been constructed on these lots above the 100 year flood plain or the 50 year flood plain with freeboard capacity. No buildings shall be constructed on Lots 21 and 22 until the District or Suncrest has placed the fill. Suncrest has the option to fill Lots 21 and 22, using material excavated from other lots in the subdivision. If Suncrest exercises its option to do so,the District shall not fill Lots 21 and 22 and will transport its fill to a site outside the subdivision. (d) Suncrest will construct the access roads and install utilities(through Lots 19 and 20)to the Unini and Strand (also known as Waterman) properties and will install the guardrail along the easement to the Strand property in conjunction with that construction, as originally required of the District by the last sentence of Condition 17(A)(5)(b). Suncrest shall 5 CA973070.058 extend the access roads to the Unini and Stand properties and tie them into existing drives or paved areas. Suncrest shall provide utility stubs to those properties. 4. General Provisions. (a) Binding on Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective legal representatives, heirs, and successors in interest (collectively "successors'. If the real property affected by this Agreement, or any portion or interest thereof, is conveyed by Suncrest to a homeowners association or other person or entity,thereafter the conveyee shall be responsible for maintaining the property conveyed in accordance with the terms of this Agreement and Suncrest shall have no further obligations under this Agreement as to the property or property interest conveyed. (b) Covenants to Run With the Land. The covenants contained in this Agreement are intended to run with the land in accordance with Section 1468 of the Civil Code of this State. The lands of Suncrest affected by the covenants are those described in Recital A above as the Project. The lands of District affected by the Covenant are the District Easements as shown on the Map and described in Recital A. above. The covenants by Suncrest shall be binding on Suncrest and its successors, including each successive owner of the Project, for the benefit of the District Easements. The covenants by District shall be binding on District and its successors, including each successive owner of the District Easements, for the benefit of the Project: (c) Severability. If any terms or conditions of this Agreement are determined by a court of competent jurisdiction to be unenforceable, such unenforceability shall not invalidate the whole Agreement, rather the Agreement shall be construed as if not containing the unenforceable term or condition and the rights and obligations of the parties shall be construed and enforced accordingly. (d) Waiver. Any waiver must be in writing in order to be enforceable. The waiver by either party of a breach of any term, covenant or condition of this Agreement shall not be deemed a waiver of such term,covenant or condition or any subsequent breach of the same or any other term, covenant or condition of this Agreement. (e) Interpretation. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. (f) Authority to Execute. Each person executing this Agreement in a representative capacity expressly represents and warrants that he or she has the authority to 6 CA973070.058 execute this Agreement on behalf of his or her principal and that upon execution,the principal will be bound by each and every term hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below. DISTRICT: SUNCREST: Contra Costa County Flood Control and Suncrest Homes Number Four,LLC, Water Conservation District a limited liability company By: By Suncrest o , Inc., I Manager Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and By: Water Conservation o G elle, id By: Dean Thorn, Secretary Dated: November 4, 1997 ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By. ic_ DepuTclerk RECOMMENDED FOR APPROVAL: J. Michael Walford, Chief En ine APPROVED AS TO FO Victor J. 7man, C By: Deputy 7 CA973070.058 ---OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF �_V 1�")T iti I invaluable to persons relying on the document. ❑ INDIVIDUAL On fs `I_u� j V�rl beforeme, t- ��Tt'1�CJO NotaryPublic, CORPORATE OFFICER(S) personally appeared �a(yn (7l fpG yd)e Pal pera­( D, Ikofn TITLE(S) NAME(S) OF SIGNER(S) ❑ PARTNER(S) ❑ LIMITED personally known to me - OR - satis€aetcrry ❑ GENERAL evideriee- to be the person(s) whose ❑ATTORNEY-IN-FACT name(s) dare subscribed to the within instrument and acknowledged to me that ❑ TRUSTEE(S) he /they executed the same in ❑ GUARDIAN/CONSERVATOR bisiftrItheir authorized capacity(ies), and ❑ OTHER: that by MOI rer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: Witness my hand and official seal. Name of Person Connie L. Azevedo (s)or Entity(ies) Comm.#1087599C l NOTARY PUBLIC CALIFORNIA '5 V'( I CONTRA COSTA COUNTY n Comm Exp.Feb.11 2000 SIGNATURE OF46TARY -OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO Title or Type of Document THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law,it Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s) Other Than Named Above ©1993 National Notary Association,Canoga Park,CA 8 CA973070.058