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