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HomeMy WebLinkAboutMINUTES - 11031998 - C16-C20 -...1.11.1........................................ .............. ............ ........................................ CONTRA COSTA Co Recorder's Office Recorded at the request of: STEPHEN L. WEIR, County Recorder Contra Costa County Public Works Department Return to: DOC - ga-02-78026-00 Public Works Department Friday, NOV 06, 1998 ------. Engineering ----- Engineering Services FRE $0-00 1 '- Ttl Pd $0.00 Nbr-0000327251 Ire /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 3, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/573 SUBJECT: Accept Completion of Subdivision and Drainage Improvements for Subdivision 7969, Byron area. The Public Works Director has notified this Board that the improvements in Subdivision 7969 have been completed as provided in the Subdivision Agreement with Land Fact,Inc. 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 October 27, 1998, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT SURETY April 1, 1997 Developers Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$46,400,Bond No. 422113 S issued by the above surety be RETAINED for the six month lien guarantee period until April 27, 1999, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established (for Camino Diablo improvements), and the $1,000 cash deposit (Auditor's Deposit Permit No. 290911, dated February 19, 1997) made by Land Fact, Inc. and the performance/maintenance surety for$92,800, Bond No. 422 122 S issued by Developers Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. SUBJECT: Accept Completion of Subdivision and Drainage Improvements for Subdivision 7969, Byron area. DATE: November 3, 1998 PAGE -2- The Public Works Director has also notified this Board that the off-site drainage improvements for Subdivision 7969 have been completed as provided in the Drainage Improvement Agreement with Land Fact, Inc., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT FURTHER RESOLVED that the drainage';improvements have been COMPLETED as of October 27, 1998,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT FINANCIAL INSTITUTI NN April 1, 1997 Developers Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$3,400 Bond No. 422 113 S issued by Developers Insurance Company be RETAINED for the six-month lien guarantee period until April 27, 1999, at which time the payment surety may be reduced to an amount not less than the total of all claims of file. BE IT FURTHER RESOLVED that the beginning of the warranty period for drainage improvements is hereby established,and the performance/maintenance surety for$6,800,Bond No. 422 113 S issued by Developers Insurance Company be RETAINED pursuant,to the requirements of Section 94-4.406 of the Ordinance Code until release by this BOARD. RL:KF:mw G:\GtpDatalEngSvclBO\BO 11-3-9g.doc Originator: Public Works(ES) Contact:Rich Lieriy-313-2348 1 hereby certify that this is a true and correct cc: Public Works -Tax I.D.94-2425554,Accounting copy of an action takers and entered on the R.Bruno,Construction Maintenance minutes of the Board of Supervisors on the T-October 27,1999 date shown. _v Recorder(via Clerk),then PW Records Sheriff-Patrol Div,Commander ATTESTED: L 4 ( ti CIS',c/o Al PHIL BATCHELOR, Clerk of the Board CSAA-Cartog C.M.Bloch,Land Fact,Inc. of Su ervisors and County Administrator 30 Town&Country Drive,Danville,CA 92714 Developers Insurance Company By L L{ p _t4 Deputy P.O.Box 19725,Irvine,CA 92713-9725 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 3, 1998,by the following vote: APES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing the Public Works Director to Arrange for Completion of Landscape Improvements and Authorizing County Counsel to Secure Funds for Completion of Improvements,Subdivision 7456,Alamo area. The Board on April 8, 1997,having approved a subdivision agreement(Right of Way Landscape) with Black Pointe Homes,Inc., for construction of certain improvements in Subdivision 7456,Alamo area. The Public Warks Director having reported that the developer has failed to satisfactorily complete the work as required by said agreement. The Public Works Director having further recommended that he authorized to arrange for completing the work(estimated to be$42,440,plus the cost of preparing plans and specifications,solicitation of bids,administering the contract,and any cost involved in recovering monies from Developers Insurance Company (Bond No. 430 306 S in the amount $41,400 for faithful performance), using the $1,000 cash deposit(Auditor's Deposit Permit No. 292080, dated March 12, 1997)made by Black Pointe Homes, Inc., to help defray the County's cost. The Public Works Director having further reported that the County cannot fund the construction of said improvements without first obtaining monies from the surety or financial institution securing the agreement, and recommends that County Counsel be authorized to proceed against the subdivider and the corporate surety bond dated March 11, 1997,and issued by Developers Insurance Company(Bond No.430 306 S) in the amount $41,400 for faithful performance to make the funds available to complete said improvements and to defray County's cost incurred in securing said funds. IT IS BY THE BOARD ORDERED that the recommendations of the Public Works Director are APPROVED. RL:mw Q\CirpData\EogSvc\BO\HO 1 1-3-98.doc originator: Public Works(ES) I hereby Certify that this is a true and Correct Contact: Rich Lierly(313-2348) copy of an action taken and entered on the cc: Public Works Accounting minutes of the Board of Supervisors on the R.Bruno,Construction date Sf10Wn S.Epperly,Special Districts DesignATI` TED: UQYLU e, -. 199---- 5-------� Administrator Auditor-Controller PHIL BATCHELOR,i, Clol k of the Board County Counsel of Supervisors and u4nty Administrator Black Ponte Homes,Inc.,3000 Citrus Circle,Suite I 11,Walnut Creek,CA 94598 (/ Developers Insurance Company,3100 Oak Road,Suite 260,Walnut Creek,CA 94596 �y t �deputy ''I'll.-.-........................................................................ .................. ............................................................ x. 18 CONTRA COSTA Co Recorder's office Recorded at the request of: STEPHEN L. WEIR, County Recorder Contra Costa County Public Works Department DOC - ga-027,802-7_(30 Return to: Friday, NOV 06, 19,98. Public Works Department _00*4,W. Engineering Services FRE $0.00,1 - TtI Pd $0.00 Nbr-0000327252 Ire /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 3, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/574 SUBJECT: Accept Completion of Improvements for Subdivision 6971, Oakley area. The Public Works Director having notified this Board that,with the exceptions noted in the following paragraph,the improvements in Subdivision 6971 have been completed, as provided in the Subdivision Agreement with Lawrie Development Corporation heretofore approved by this Board on September 25, 1990. The Public Works Director having notified this Board that the following improvements, which also are covered by the above-described Subdivision Agreement,have not been completed: (1) Pavement widening and frontage improvements along Laurel Road; and (2) Certain minor deficiencies in the roads listed below. The Public Works Director having notified this Board that the completion of the improvements along Laurel Road and the correction of the minor deficiencies continue to be guaranteed by the performance security for$559,350.00(Bond No. 106342)issued by Golden Eagle Insurance Company; said improvements and minor deficiencies are not affected by this Resolution and continue to be the subject of litigation filed by the County against the subdivider and the surety, as well as a claim filed in the conservatorship for the surety. NOW,THEREFORE,BE IT RESOLVED that the hereinafter described improvements have been COMPLETED as of November 3, 1998,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement. SUBJECT: Accept Completion of Improvements for Subdivision 6971, Oakley area. DATE: November 3, 1998 PAGE -2- LATE OF AQUEMENT FINANCIAL INSJITt T'�'�ON September 25, 1990 Golden Eagle Insurance Company BE IT FURTHER.RESOLVED that the following roads, as shown and dedicated for public use on the Final Map of Subdivision 6971 filed July 21, 1989, in Boole 335 at page 15, Official Records of Contra Costa County, State of California,and the Parcel Map of MS 68-76 filed March 18, 1977, in Boole 53 of Parcel Maps at page 1, Official Records of Contra Costa County, State of California, are ACCEPTED and DECLARED to be County Road(s): Road Name Road-R/W Widths Road No. Lengths (Miles) Brown Road 40/60 7875 BQ 0.22 Jasmine Circle 36156 7875 BT 0.16 Jasmine Court 32/52 7875 BU 0.02 Larkspur Court 32/52 7875 BS 0.10 Thistle Court 32/52 7875 BR 0.10 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the performance security for $559,350.00 (Bond No. 106242) issued by Golden Eagle Insurance Company shall be RETAINED pursuant to the requirements;of Section 94-4.406 of the Ordinance Code until released by this Board. BE IT FURTHER RESOLVED that nothing in this Resolution or the acceptance of the above-named roads shall affect, or be interpreted to affect, the obligation of the subdivider, the surety,and/or other responsible parties to complete, or to pay for completion of, the improvements along Laurel Road and to correct, or to pay for correction of, the minor deficiencies in the roads listed above. The County shall continue to retain all rights to pursue those parties for their failure to perform or to pay for such work. Said improvements and minor deficiencies currently are the subject of litigation by the County against the subdivider and the surety(County of Contra Costa v. Lawrie Development Corporation, et al., San Francisco Superior Court Case No. 992587), as well as a claim filed in the conservatorship proceeding for Golden Eagle Insurance Company(Insurance Commissioner of the State of California v. Golden Eagle Insurance Company, et al., San Francisco Superior Court Case No. 984502). RL:DS:mw G AGrpDatalEngSvc\BO1BO 11-3-98.doc Originator: Public works(ES) I hereby certify that this is a true and correct Contact: Rich Lierly(313-2348) copy of an action taken and entered on the cc: Public works .Accounting minutes of the Beard of Supervisors on the -R.Bruno,Construction S.Rowakwski,Transportation Engineering date shown. Maintenance ATTESTED: ?-c .._ R rderSchmi(viCounty the PWRecords PHIL BATCHELOR, Clerk of the Board sheriff Patrol Div.Commander CHP.c/o Al of Supervisors and County Administrator csAA-cattog. By 4� 22 Deputy .................................................................................................. ......... .................................................................................... ................................ Recorded at the request of: Conn Costa County CONTRA COSTA Co Recorder's Office Public Works Department Return to. STEPHEN L. WEIR, County Recorder Public Works Department Engineering Services DOC — 98-0278028-00 Friday, NOV 06, 1998 FRE $0.0011 : Ttl Pd $0.00 Nbr-0000327253 Irc /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 3, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/575 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant of Emergency MS 203-90 Elmer&Katherine Diablo and Maintenance Batts vehicle access easement for public storm drain maintenance I hereby certify that this is a true and correct RL:mw copy of an action taken and entered on the G:\GtpData\EngSvc\BO\BO11-3-98.doe minutes of the Board of Supervisors on the Originator: Public Works(ES) date shown. /- , -�;, 'Cri Contact:Rich Lierly(313-2348) ATTESTED: cc: Public Works -S.Matsumoto,Maintenance PHIL BATCHELOR, Clerk of the Board Recorder(via Clerk)then PW Records of Supervisors and County Administrator Current Planning,Community Development Mr,&Batts(with recorded document) By L1-641",a- A,2LAL� Deputy P.O.Box 611,Diablo,CA 94528 Mr.Mark L Armstrong P.O.Box 218,Danville,CA 94526-0218 { rt G! Recorded at the request of. Contra Costa County Public Works Department Engineering Services Division When Recorded Return to: Contra Costa County Public Works Department Records Section Area: Diablo Road: Caballo Ranchero Drive Co. Road No.: 4935 Development No.: MS 203-90 APN: 195-340-067,068 and 069 (space above reserved for Recorders use only) GRANT OE EMERGENCY AND 1YLAINTENAN![: YF'HMIE E d SEMJI T FOR PUBLIC STORM DRAIN MA MEN4 NCE ELMER E. BATTS and KATHERINE S. BATTS ("Grantor") are the present title owners of record of the real property described in Exhibit"A" (written description)and shown on Exhibit "B" (Parcel Map for Parcels A, B and C, MS 203-90, 164 PM 25) attached hereto. CONTRA COSTA COUNTY("Grantee")owns a storm drain facility on Parcel C in MS 203-90 at the end of the private road on the real property that serves Parcels A, B and C. The private road is located off the end of Caballo Ranchero Drive. CONTRA COSTA COUNTY does not have legal access to that storm drain facility in order to physically reach it with maintenance vehicles. grantor and Grantee desire that such access be provided by way of the private road on MS 203-90. Grantor,for good and valuable consideration(i.e.,providing the opportunity for maintenance of the public storm drain facility at the bottom of their real property),the receipt and sufficiency of which are hereby acknowledged,hereby grants to Grantee and its successors and assigns,including the Contra Costa County Flood Control District, a perpetual,exclusive easement to enter upon and traverse the northeasterly thirty(30)feet of Grantor's real property,as described in Exhibit"A," for the express, limited purpose of emergency and maintenance vehicle and personnel access to Grantor's public storm drain facility. Grantor and Grants heirs,successors and assigns shall not place or permit to be placed on the access portion of the real property any building or structure which may interfere with such emergency and maintenance vehicle and personnel access. if a gate or similar control feature is installed by Grantor,then Grantee shall be provided a key or code. Grantor shall be responsible to maintain the access in an all-weather condition. It is understood and agreed that Grantee and its successors and assigns shall incur no liability in accepting this easement and shall not assume any responsibility to maintain the access. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns and personal representatives of Grantor and Grantee. IN WITNESS WHEREOF,ELMER E. BATTS and KATHERINE S. BATTS execute this Grant of Emergency and Maintenance Vehicle Access Easement for Public Storm Drain Maintenance this 4 day of OJer - , 1998. Grantee may record this document upon acceptance of this Grant of Emergency and Maintenance Vehicle Access Easement for public Storm Drain Maintenance by the Contra Costa County Board of Supervisors. GRANTORS: ELMER E. BATTS -k�� �. Z' KATHERINE S:BATTS -2- State of California } > ss County of Contra Costa ) C" On fly» 1 s 8,before me, i2; �+ }3 , a Notary Public, State of California, duly commissioned and sworn, personally appeared ELMEER E. BATTS and KATHERINE S. BATTS" peF90n&1ly-kn0vvn-tzr-r4(or proved to me can tete basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed this instrument. WITNESS my hand and official seal. CHERYL L. KEN i Comm.#1132410 ; NOTARY PUBLIC CALIFORNIA CON cos TA CCUNTY C) Not Publr (tate O California CoWnm,Exp.April 3,2CCt + Notary FACLMLA130732\CCPW-esmt —3- ? C� Ingress and Egress Easement for Maintenance of Storm Drain Facility EXHIBIT "A" Being a portion of Subdivision MS 203-90 filed April 27, 1994 in Book 164 of Parcel Maps at page 24 Contra Costa County, California, described as follows: Being all of the 30 feet in width "Private access and utility easement"or"P.A. & U.E." over Parcels A, B and C of said parcel map, the northeasterly line of said strip is the northeasterly line of said Parcels A, B and C (164 PM 24). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. _ ILMD Signature: -- - Licensed Land Surveyor Contra Costa County Public Works F4M LL 1.0 �* Date: C9e, i OF 11x4 \\PWS1\SHARDATAtGrpData\CiericaKEXHIBITS\ingress egress ease.doc October 1, 1998 1 __ r y <17 WA + FALLBROOK DRIVE X101 aIpfa �1 all -fill is 203 MA 49 �Co¢ir'A 111 rI cn At Ln a } r7 � . a 8 ,'`•V w > '��~�ti, � ►. �. .., � � � to `:� �n „�. �' `.r" " �. ,��`��� ✓^ :C to ! +�� tzpw ;r It ml }j .r tr 36 L Ilk JIM Mok t3� ,�` P. r_--� r CJ a a PC L p Su 164 m 2 ­­­­.''....................................................................­­­.................. ............................................................ CONTRA COSTA Co Recorder's Office Recorded at the request of: STEPHEN L. WEIR, County Recorder Contra Costs County Public Works Department DOC - 98-02_'7,8029_0(:) Return to: Public Works DepartmentFriday, NOV 06, 1998_Q&� - --'-- Engineering Services FRE $0.00'. ; Ttl Pd $0.00 Nbr-0000327254 Irc /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 3, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/576 SUBJECT: Accept Completion of Improvements for Minor Subdivision 68-90,Brentwood area. The Public Works Director has notified this Board that the improvements in Minor Subdivision 68- 90 have been completed as provided in the Subdivision Agreement with Jeffrey J. & Sara L. Tamayo 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 November 3, 1998,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT suRETY September 9, 1997 Bank of Agriculture&Commerce BE IT FURTHER RESOLVED the payment (labor and materials) surety for $16,750, (Letter of Credit No.4135,dated August 12, 1997)issued by the above financial institution be RETAINED for the six month lien guarantee period until May 3, 1999,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$1,000 cash security for performance(Auditor's Deposit Permit No. 300107,dated August 14, 1997)plus interest in accordance with Government Code Section 53079,if appropriate,to Jeffrey J. & Sara L.Tamayo pursuant to the requirements of the Ordinance Code. RL:KF:mw \1PWSI1.SHARDATA\GtpData\EngSvc\BO\BO 11-3-98.doc Originator. Public Works(ES) Contact:Rich Littly-313-2348 cc: Public Works -Accounting I hereby certify that this is a true and correct R.Bruno,Construction J.Florin,M&T Lab copy of an action taken and entered on the Maintenance minutes of the Board of Supervisors on the T—May 3,1999(return original LOC to bank) date shown. Recorder(via Clerk),then PW Records Sheriff-Patrol Div.Commander ATTESTED' til ILL CHP, c/o Al CSAA—Cartog PHIL BATCHi-.tLOR, Clerk of the Do�,rd Jeffrey J.&Sara L.Tamayo,598 Red Ronne Lane,Brentwood,CA 94513 of Supervisors and C+OUntAdministrator Bank of America&Commerce,Commercial Loan Officer,P.O.Box 7066,Stockton,CA 95267 L:)� - / .7 By / —Lc ' Deputy