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HomeMy WebLinkAboutMINUTES - 02152000 - C11-C18 C. I 1 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 15, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILI,A AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/68 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTORS AREA Grant Deed of Subdivision Robert A. Dal Porto Sr. Oakley Development Rights MS 950010 David Dal Porto and Kelley Dal Porto I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: FEBRUARY 15, 2000 PHIL BATCHELOR, Clerk of the Board of Supervisors RL:JD:mw and County Administrator \\PWS1\SHARDATA\GrpData\EngSvc\BO\2000\Bo 2-15-OO.doc Originator: Public Works(ES) Contact:Rich Lierly(313-2348) By , Deputy cc: Recorder(via Title Co.)then PW Records Ar Current Planning,Community Development Robert A.Dal Porto,Sr. 2212 Colonial Court,Byron,CA 94514 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Oakley Subdivision: MS 950010 APN: 032-050-002 GRANT DEED OF DEVELOPMENT RIGHTS (Ancient Burial Site) To meet condition of approval number 6 of Subdivision MS 950010,we, Robert A. Dal Porto Sr.,David Dal Porto and Kelley Dal Porto, (Owners) hereby grant to the County of Contra Costa, a political subdivision of the State of California (Grantee) and its governmental successor or successors, the future development rights,as defined herein below over that real property known as Parcel "A"of Subdivision MS 950010 situated in the County of Contra Costa, State of California, and more particularly described in Exhibit A. .Development rights are defined to mean and refer to the right to disapprove of any proposed construction, development or improvement within the areas marked "restricted development area." The development rights are and shall be a form of covenant, which shall run with the said property and shall bind the current Owners and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. The undersigned executed this instrument on. 12-�12 _ �161- (Date). ROBERT A.DAL PORTO SR.,a married man, as his sole and separate property, as to an undivided 705/1830 interest; and DAVID DAL PORTO and KELLEY DAL PORTO, husband and wife, as community property, as to an undivided 1125/1830 interest (Signature) —,P— Robert A.DA Porto r. '—'— (Signature) David Dal Porto (Signature) at,6 ^ Kelley Do Porto (See attached notary) m.mw G.\GrpData\EngSvcUGSEPM]9981December\MS 10-95.doc Subdivision IVIS 950010 (Ancient Burial Site) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcel "A," designated as "Restricted Development Area (Ancient Burial Site)," as shown on the parcel map of Subdivision MS 950410, on file at the County Recorder's Office as follows: Date: Book: Page: Mmw G:\GrpDataTng5vc\IOSEP}i\1998\DtctmberNS 10.95.doc 7County of �n /�' 02A,, a_ OPTIONAL SECTION e,V CAPACITY CLAIMED 13YSIGtNER y before mei cj a r?/�s u�' 1�I r Though statute does not requires the Notary to r° oma ao., till In the data below,doing to may prove In;,to persons relying on the document personally appeared o ,, .$, 1;6/CK451 DIVIDUAL ID personally known to me-OR-13 provided to me on the basis of satisfactory ®CORt'ORATE OFFICER(S) evidence to be the persons)whose name(s)Is/are subscribed to thewithin Instrument and ❑PARTNER(S) 13 LIMITED acknowledged to me that h&%he/they O GENERALexecuted the same In his/her/their ❑ATTORNEY-IN-FACT authorized capactty(ies),and that by o TRUSTEE(S) M_ his/her/their signature(s)on the 8i VEAIY SUE MC URDO instrument the person(s)or the entity 0 OHER:AN1CONSERVATOR Comm,111154$4 upon behalf of which the person(s) OTHER: NOTARY PUBLIC•CALIFORNIA _acted,executed the Instrument Centre Costa County w WITNESS m hand and official sea) SIGNER IS REPRESENTING:' ` My Comm. Expires Dec.--w•BY .•..,"...,r.,r•.,••.��.. r'p � N�IAE 8F PilttClgir 411�fRrfp�t} OPTIONAL SECTION CERTIFICATE MUST BE A TOITHE DOCUMENT AT RIGHTTTACHED FTITLE OR TYPE OF DOCUMENT r��Z?eeoW NUMBER OF PAGES DATE OF DOCUMENT 3 m/2 -''�7 SIGNER(S)OTHER THAN NAMED ABOVE tri,+ns w.rasa.«n nwtw rr a., .j I !My Mr+' NY�161s M prfei111 rMyYq rnYN Mwa�k"M saM MWd1MR ®Pfik fim5. INSTRUreTIQNS TO NQTA? The following Information is provided In an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and Interest of the signer should be typed or printed OFNEATH the signature. The name Must be signed exactly as it is typed or printed. II. INADU` �S-The name must be signed eXacdy as it Is printed or typed. The signer's Interest In the props must be stated. III. §lGbIATUBEORto -Signing party must be either a general partner or be authorized In writing to have e authorityo sgn for and bindthe partnership, 4V. lmemsoPR eDhSigned by two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument a certified cop of a resolution of the Board of Directors authorizing the person signing the Instrument to execute Instruments of tie type in question Is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures fromonlyy one roup,must contain the following phrase: " .and acknowledged to me that such corporation executed the within In meat pursuant to its by-laws or a resolution of Its Board of Directors", State ofLA L' ��f' OPTIONAL SECTION County of � XCA CAPACITY CLAIMED BY SIGNER On-L--1,2- before me I3�v c���G� $�r e� ��/l���r r�,�- Though statute does not require the Notary to OA CPGiC�R E G ���"rT � fill In the data below.dosing so may prove In. valuable to persons relying on the document. personally appeared )2454'/x2- 00&(2 )2f4NIVIDC}UAL C]personally known to me-OR rovided to me on the basis of satisfactory GlCORPORATE OFFICER(S) evidence to be the person(s)whose name(s)Is/are VIM subscribed to the within Instrument and d PARTNER(S) 0 LIMITED acknowledged to me that helshelthey 0 GENERAL executed the same In hislherttheir 0 ATTORNEY-IN-PACT authorized capacity(ies),and that by p TRUSTEE($) BEVERLY MURI}0 histherAheir signature(s)on the p GUARDIAN/CONSERVATOR r. Instrument the person(s)or the entity � Comm.11 1 1 1 9484 to d OTHER: R01AAY PUBLIC•GAtIfOANIA u+ upon behalf of which the person(s) Cama Caste Oft. acted,executed the instrument My Comm.Expkee Dec 8.249Q „ ,.,� WITNESS my hand and cfndrel seal, SIGNER IS REPRESENTIN4:— aa";ez In OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT-242- 77 SIGNERS)OTHER nw�are.ar,.rAw �w., THAN NAMED ABOVE «.w .rw►tam. INSTRUCTIONS M bIOTARY The following Information Is provided In an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SJG(VATURES -The name and Interest of the signer should be typed or printed Br;NE TH the signature. The name muses e signed exactly as it Is typed or printed. II. Ss I -` `NDIVIO` 60-The name must be signed exactly as it is printed or typed. The signer's interest In the propertymust se Stated. Ill. �AT ® �ScSUIPS-Signing party must be either a general partner or be authorized In writing to have e authority.o sign or an in the partnership. IV. SICNAT !i ' §FOR QQRPO TIQNS documents should e signed ytwo officers,one from each of the following two groups. GROUP 1. [�J'b' The Chair of the Board The president Any Vice-president GROUP2. The Secretary An Assistant Secretary The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument a certified cop of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type In question Is required. A currently valid power of attorney,notarized,wail suffice. Notarization of only one corporate signature or signatures fromonI one group,must contain the€ollowing phrase: " .and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors". State of ;� �, r•+�.f r _ OPTIONAL SECTION County ofr' { CAPACITY CLAIMED BY SIGNER t}n� before me Re v t,g 4v Su e a oto rs Though statute does not require the Notary to DA carte a.o.,jai LKW,W t" fill In the data below,doing so may prove in. valuable to persons relying on the document personallyappeared_! /�e > ,� n/)' )oNptVIDUA4 12 personally known to me-OR-*rovided to me on the bestis of satisfactory 0 CORPORATE OFFICER(S) evidence to be the person(s)whose name(s)Ware subscribed to the within Instrument and ©PARTNER(S) ®LIMITED acknowledged to me that he/shelthey 0 GENERAL executed the same in histherfthelr 0 ATTORNEYdN•FACT authorized capacity(les),and that by BEVERLY SUE MC MURDt7 CJ TRUSTEE(s) CommhisiberRheir signature(s)on the PUBLIC f 1119464 rn Instrument the person(s)or the entity 0 OTHER: NtCONSERVATOR NOTARY PUILIC-CALIFORNIAItFOut upon behalf of which the persons) OTHER. Contra Costs County actedexecuted the Instrument ' M Carom, tix ass Ii1c 1,1000 , WITNESS my hand and official seal, SIGNER IS REPRESENinNd-*'- 07 CW M80NM an amrrfeeq OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT f�',�' _,A1 Z e" NUMBER OF PAGES -2 DATE OF DOCUMENT •;Z-/ "` SIGNER(S)OTHER THAN NAMED ABOVE 1MupM dple f Barr k f"t»r�W N 6Y lips �+w/Mw»wMrW w r«ap,.ryaq en 1M "e[wort wpbewAdprwt MwiiAwp wpnwM"n1 ottlk hpm. INSTRUCTIONS T0NOTARY The following Information Is provided In an effort to a edits processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FORS -The name and Interest of the signer should be typed or printed name mus e signed exactly as it Is typed or printed. . the signature. The 11. §I " Fstated.l The name must be signed exactly as It Is printed or typed. The signer's interest In the proper mus e s a e . 111. A S-Signing party must be either a general partner or be authorized In writing to have e authority o sign or an bind a partnership. N. SIGNATURES Documents s �gne by two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board b' The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretarryy c The Chief Financial 0 icer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the Instrument a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute Instruments of tie type In question Is required. A currently valid power of attorney,notarized,wail suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors". DATE February 15, 2000 XTEM# C.12 00348XDZRZD WXTE LIFTED Eli ZRROIt,,,,��, DENTED This item was continued consideration to accept completion of improvements (road improvement for Fleetwood Road) being developed by Dame Construction Company, Inc. , DP 30004-95, Danville area. '9 0 0 Recorded at the request of- Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 15, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UIIKEMA, DESAULNIER, CANCIAMIUA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 20004 9 SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for Development Permit 3004-95 (Fleetwood Road), Danville area. The Public Works Director hereby reports that during our normal process of archiving files it was discovered that a board order dated October 28, 1997, accepting the completion of improvements for DP 3004-95 (Fleetwood Road) was never approved by this board. The Public Works Director hereby resubmits this.Board Order for your consideration. The Public Works Director having notified this Board that the improvements for Development Permit 3004-95 have been completed as provided in the Road Improvement Agreement with Dam6 Construction Company, Inc., heretofore approved by this Board; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 28, 1997, thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SUREIY January 14, 1997 Reliance Insurance Company SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for Development Permit 3004-95 (Fleetwood Road), Danville area. DATE: February 15, 2000 PAGE 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for $8,850, Bond No. B2419447 issued by Reliance Insurance Company, time has expired and 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. 287061, dated November 27, 1996) plus interest in accordance with Government Code Section 53079, if appropriate, to Dam6 Construction Company, Inc., pursuant to the requirements of the Ordinance Code. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTES`17,D: FEBRUARY 15, 2000 PHIL BAT LOR, Clerk of the Board of Supervisors and County Adfihi iistrator By ,Deputy RL:JC:tnw 11P WS 1\SHARDATA\apDatal@ngSvc\BOU0001BO 2-15.00.doc Originator: Public Works(8S) Contact: Rich Lierly(313-2348) cc: Public Works Accounting R.Bruno,Construction J.Florin,MAT Lab Maintenance(w/Plat) Recorder(via pork)then PW Records Section CSAA-Cawg CHP,c/o Al Sheriff-Patrol Div.Commander Dant Construction Company,Inc. 2070 San Ramon Valley Boulevard,Sat Ramon,CA 94583 Kathleen Bryan,Reliance Insurance Company 580 California Stmt,No.1300,San Francisco,CA 94104 Recorded at the request of, Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on February 15, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/70 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSREFERENCE QRANTQR AREA Release and APN 187-531-003 David M. and Carol A. Alamo Indemnification Clementz I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. RL:mw \\PWST\SHARDATA\CrrpData\EngSvc1BO\20001BO 2-15-00doc Originator: Public Works(ES) ATTESTED: FEBRUARY I 2000 Contact: Rich Lierly(313-2348) PHIL BATCHELOR, Clerk of the Board of Supervisors cc: Recorder(via Clerk)then PW Records and County Administrator Current Planning,Community Development By ,Deputy RECEIVED Recorded at the request of "'w Y 3 1998 Contra Costa County t�Y PUBLIC WORKS DEFT. Public Works Department-Engineering Services Division Return to: IIII III IIS I III II IIII I II IIII II II IIII I[III I III III II Public Works Department Records Section CONTRA COSTA Cc Recorder Office STEPHEN L, WEIR, Clerk-Recorder DOC— 2000-0031591-00 Area A amo W, FEB 16, 2000 10:14:08 Road N/A FRE $0.00 County Road No NTA rtr Pd $0.00 Nbr-0000810483 Project NIT Ire/RB/1-2 Assessor's No. 187-531-003 RELEASE AND INDEMNIFICATION David M.Clementz and Carol A.Clementz,declare the following: a. We are the owners of 30:59 Stonegate Dr. located at Alamo,California, as described to us in the Deed to us,recorded 10-15-1986 in Book 13192 of Official Records at page 487 (the"Property"). b. We have obtained a building permit to construct a swimming pool. c. In consideration of,and as a condition to,the granting of the permit referred to in subparagraph(b)above,we, and eachh of us, agree to construct said pool in accordance with the building permit. d. In further consideration of the granting of said building permit,we,and each of us,hereby release the County of Contra Costa,and the Contra Costa County Flood Control & Water Conservation District and their respective officers,agents,and employees from any claim„ cost,or liability arising out of or in connection with any damage to the site improvements resulting from slope/creek bank failure. e. In further consideration of the granting of said building permit,we,and each of us,hereby agree to defend,indemnify, and hold said County, and the Contra Costa County Flood Control &Nater Conservation District and their respective officers,agents, and employees harmless from any claims,cost,demands,expenses,or liability including without limitation all consequential damages,arising out of or in connection with any damage to the site improvements resulting from slopelcreek bank failure. f. This Agreement is an instrument affecting the title or possession of the real property described above,and shall be binding on and inure to the benefit of all our heirs,successors,and assigns. Executed this /3 " ' day of May, 1998. David lemon c Carol A. Clementz 69 r/ Recorded at the request of' Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adapted this Order on February 15, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UJIXRSA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/70 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTJRJT jIE,�TT REFEBLN .C� AhUOR AREA Release and APN 187-531-003 David M. and Carel A. Alamo Indemnification Clementz I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. RL:mw \\PWSI\SHARDATA\GtpD&tatEngSvcZO\2000TO 2-25-00.doc Originator: Public Works(ES) ATTESTED: �' '1� .15• 20W Cootaet: Rich Lierly(313-2348) PHIL BATCHELOR,Clerk of the Board of Supervisors cc: Recorder(via Clerk)then PW Records and County Administrator Current Planning,Community Development By >Deputy TO: BOARD OF SUPERVISORS 6A FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: February 15, 2000 SUBJECT: Approve and Authorize the Public Works Director to Sign the Consulting Services Agreement with a Computer Programming Company for the Public Works Department (Group Ipex, Inc,) SPECIFIC REQUEST(S)__0R RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended_Action: APPROVE and AUTHORIZE the Public Works Director to execute a consulting services agreement with Group Ipex, Inc. [I. Financial lmpact: None. All costs are supported by application fees and gas flax revenue. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURES): ACTION OF BOARD ON FEBRUARY 15 a 2000APPROVED AS RECOMMENDED X HER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. V TE OF SUPERVISORS UNANIMOUS (ABSENT DONE } AYES: NOES: ATTESTED: FEBRUARY 15, 2000 ABSENT: ABSTAIN: PHIL BATCHELOR, Clerk of the Board of Supervisors and JH:fp County Administrator F:iCompSvc\ADMIN\BO\2000\BO 02-15-OO.doc Orig.Div: Computer Services Contact: John Huie,925/313-2307 c: Auditor Controller By , Deputy General Services,Purchasing CAO Accounting ib— SUBJECT: Authorize the Public Works Director to Sign the Consulting Services Agreement with a Computer Programming Company for the Public Works Department (group Ipex, Inc.) DATE: February 15, 2000 PACE: 2 111. Reasons for Recommendations and Background: Retaining this consultant to provide Application Development services, which will include designing, coding and testing of reports and input forms needed to maintain the Oracle database. IV. Consequences of Negative Action: The Joint Billing System project will be delayed beyond the currently scheduled March testing . Other staff will need to be re-allocated to handle work on the annual SWUF Assessment, resulting in the delay of other PW development. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ` Adopted this Resolution on February 15, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE RESOLUTION NO. 2000/ 71 ABSTAIN: NONE (GOV. CODE § 25363) SUBJECT: Sale of Fire Protection District Surplus Real Property Vacant Office Commercial Lot on Tice Valley Boulevard Project No. 71266X5126 Walnut Creek Area The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District RESOLVES THAT: The Board by Resolution No. 99/620 dated December 7, 1999, determined that the District owned parcel described in the Notice of Public Land Sale attached to said Resolution was surplus and that it was not needed for public use. The Notice of Public Land Sale set 2:00 p.m. on January 27, 2000, at 255 Glacier Drive, Martinez, California , as the time and place where oral bids would be received and considered. The highest bid received for the property, in accordance with the terms and conditions of sale approved by this Board was $475,000 by A. F. Evans Company, Inc., at which time the amount of $20,000 was deposited as an option-bid deposit to secure completion of the transaction. The Board APPROVES the Option Agreement with A. F. Evans Company, Inc., and the Board Chair is AUTHORIZED to execute said Agreement. The District's Fire Chief is AUTHORIZED to execute any necessary extensions provided for in said Agreement. Said bid is hereby ACCEPTED and the Board Chair is AUTHORIZED to execute a deed to A. F. Evans Company, Inc., and to cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. 1 hereby certify that this is a true and carred RB:gpp copy of an action taken and entered on the G:\GrpData\ReaiProp12000-Piles\BOs&RES\BR7-Vacant Lot.doc minutes of the Board of Supervisors on the Orlg. Dept.: Public Works(R/P) date shown. Contact: Ronald Babst(313-2226) FEBRUARY 15, 2000 cc: County Administrator ATTESTED: Auditor-Controller PHIL BATCHELOR,Clerk of the Board of Assessor Supervisors and County Administrator Public Works Accounting By Deputy RESOLUTION NO. 20001. I`"7 Ger Recorded at the request of A. F. Evans Company, Inc. Return to: A. F. Evans Company, Inc. 2000 Crow Canyon Place, Suite 130 San Ramon, CA 94583-1367 Assessor's Parcel No, 189-040-016 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, Grants to A. F. EVANS COMPANY, INC., the following described real property in the City of Walnut Creek, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Dated February 15, 2000 By Chair, Boar of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On February 15, 2000 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared,who is personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ay: Deputy Jerk RB:gpp G:lGrp Data\Rea(Prop12000-Files\00-2\de3-CCCFPD.doc Attachment EXHIBIT "A" Tice Valley Boulevard Excess Property APN 189+040-016 A portion of the Rancho San Ramon, Contra Costa County, California, described as follows: All that parcel of land granted by State Mutual life Assurance Company of America, a corporation, and Rossmoor Corporation, a California corporation to Contra Costa County, a political subdivision of State of California, for and on behalf of Contra Costa County Consolidated Fire Protection District, recorded May 6, 1966 in Book 5115 of Official Records at page 71. RB:eh G:\RealPmpkiggg-Filas\99-7T-xhibitAteavalley.doc June 30, 1999 OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a County fire protection district organized pursuant to Health and Safety Code § 13801, hereinafter referred to as the "District", is the owner of the certain real property described in Exhibit "A" attached hereto and made a part hereof, and further identified as A.P.N 189-040-016, hereinafter referred to as the "Property." b. District proposes to sell the Property. C. Ar C((ok�, - ("Optionee') desires to acquire the exclusive right to purchase the Pr6ployat an agreed price and under the specific terms and conditions below. 2. Effective Date. The effective date of this Option shall be the date that this Option is approved by the Contra Costa County Board of Supervisors, as governing body of the District("Effective Date"). 3. Grant of Option. District grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The term of this option shall commence on the Effective Date and shall expire or terminate on the earliest of the following dates: a. Option Term. Sixty (60) days following the Effective Date, unless during said sixty-day period District agrees in writing to extend the Option Period. b. Extension of Option Period. District, in its sole discretion, shall have the right, but not the obligation, to extend the term of the Option Term, under such terms and conditions as District believes is reasonable, if District, in its sole discretion, believes such extension is warranted. No such extension shall be effective unless and until it is in writing signed by both parties. C. Breach. Immediately upon a breach or default by Optionee under this Option Agreement. d. Purchase. The date that the Optionee acquires the entirety of the Property. 1 . '..s`'� 7. Exercise. From and after the Effective Date, this Option may be exercised by Optionee's dglivering to District before the expiration of the Option Term, written notice of the exercise (''"Exercise Notice") and payment of the Purchase Price to the district. 8. Condition of the Property. Neither District, nor its agents or employees have made any warranty, guarantee or representation concerning any matter or thing affecting or relating to the Property nor does it assume any responsibility for the conformance to codes or permit regulations of the city or District within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition. District has not made and does not make any representation as to the physical condition of the Property. 3. Right of Entry. During the term of this Option and prior to the Closing Date, Optionee, its agents, contractors and employees, shall have the right to enter the Property at all reasonable times for the purpose of performing reasonable tests, engineering studies, surveys, 'soil and environmental tests and other tests, surveys, studies, and investigations of the Property as Optionee determines necessary or desirable. Optionee will defend, indemnify and hold District harmless from any claim, loss or liability in connection with any entry by Optionee, its contractors, agents and employees and Optionee will be solely responsible for all costs incurred in connection with these activities or Optionee's investigation of the Property. 10. informatities; Cancellation of Sale. District reserves the right to waive any informality or irregularity on any offer or cancel the sale at any time prior to recording of a deed. In the event of cancellation of sale by District, through no fault, action or inaction of Optionee, all monies deposited shall be refunded without payment of interest. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. 3 15. Governing Law. This Agreement shall be governed and construed in accordance with Califomi4 Law. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 16. Severability. Should any term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions of this Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts, terms, portions or provisions can be construed in substance to constitute the Agreement that the parties intended to enter into in the first instance. 17, Indemnification. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold harmless District, its officers, agents, and employees, from any and ail claims, costs and liability for any damages, sickness, death or injury to persons or property, including without limitation all consequential damages, from any cause whatsoever, including the sole or joint negligence of District, its agents, officers or employees, arising directly or indirectly from or connected with the repairs or any present or future condition of the Property or use of the Property which is the subject of this Agreement, or any representations, misrepresentations or non-representations regarding its condition or use, and will make good to and reimburse District for any expenditures, including reasonable attorneys' fees that District may make by reason of such matters and, if requested by District, will defend any such suits at the Optionee's sole expense. F Y , 18. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the close of escrow of the Property, shall be fully enforceable after the Closing Date in accordance with their terms and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 19. Negation of Gptionse or Partnership. No provision of this Agreement shall be construed as making either party an agent or partner of the other party. 20. Time of Essence. Time is of the essence for the Option Agreement. If the Option is not exercised in the manner provided in Section 7 before the expiration of the applicable Option Term, Optionee shall have no interest in the. Property and the Option may not be revived by any subsequent payment or further action by Optionee. 5 r EXHIBIT "At% Tice Valley Boulevard Excess Property APN 169-040-016 A portion of the Rancho San Ramon, Contra Costa County, California, described as follows: All that parcel of land granted by State Mutual Life Assurance Company of America, a corporation, and Rossmoor Corporation, a California corporation to Contra Costa County, a political subdivision of State of California, for and on behalf of Contra Costa County Consolidated Fire Protection District, recorded May 6, 1966 in Book 5115 of Official Records at page 71. RB:eh G:\ReaiPmpNI999-Fiies\99-7\ExhibitAteavallay.doc June 30, 1999 TO:, BOARD OF SUPERVISORS cj� FROM: J. MICHAEL WALFORD, PUBLIC WORDS DIRECTOR DATE: FEBRUARY 15, 2000 SUBJECT: BYRON AIRPORT — MEMORANDUM OF LEASE WITH BYRON AVIATION SERVICES LIMITED SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Warks Director, to EXECUTE, on behalf of the County, a Memorandum of Lease between County, as Landlord, and Byron Aviation Services Limited, as Tenant, for land at the Byron Airport. II. Financiallmpact: There will be no financial impact from this action. Continued on Attachment: X SIGNATURE: ®_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER FEBRUARY 15, 2000 VOTE OF SUPERVISORS X UNANIMOUS(ABSENT None ) AYES: NOES: ABSENT: ABSTAIN: DLM:DA:kd I hereby certify that this is a true and correct copy of an D:1BO\BOI5.t2.doc action taken and entered on the minutes of the Board Orig.Div: Public Works(Airports Division) of Supervisors on the date shown. Contact: (Dick Awenius 646-5722) cc: County Administrator Public Works Director Public Works Accounting ATTESTED: FEBRUARY 15, 2000 Auditor/Controller PHIL BATCHELOR, Clerk of the Board of Supervisors Aviation Advisory Committee and County Administrator Federal Aviation Administration Gregg Taylor,Byron Aviation Services,Ltd. By , Deputy SUBJECT: BYRON AIRPORT — MEMORANDUM OF LEASE WITH BYRON AVIATION SERVICES LIMITED DATE: FEBRUARY 15, 2000 PAGE 2 III. Reasons for Recommendations and Background: The County entered into a lease with the Tenant on August 8, 1995. The lease was never recorded. The Tenant's lender requires that the lease be recorded for financing purposes. The Memorandum. of Lease represents the entire lease document, and will be recorded in place of the entire lease document. IV. Consequences of Negative Action: County will not execute the Memorandum of Lease. ��Y r �f a TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DA'Z'E: FEBRUARY 15, 2000 SUBJECT: AUTHORIZE LETTER TO THE ARMY CORP OF ENGINEERS REQUESTING A COMMENT PERIOD FOR THE DE-AUTHORIZATION OF THE'WILDCAT AND SAN PABLO CREEKS REACH 2 PROJECT - SAN PABLO AREA SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION L Recommended Action: AUTHORIZE the Chair to sign a letter to the Army Carp of Engineers requesting a 90-day comment period for the de-authorization of the Wildcat and San Pablo Creek Reach 2 Flood Control project. ZZ. Financial Ifflpact: Congressional authorization of this Flood Control project represents several million dollars in Federal funds to provide a Flood Control project on San Pablo Creek between Rumrill Blvd and San Pablo Avenue and on Wildcat Creek between Rumrill Blvd and San Pablo Dam Road. Ahnost all of the project lies within the City of San Pablo. A small portion of San Pablo Creek fronts along El Portal Road in the Rollingwood neighborhood of unincorporated Contra Costa County. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE ,_„_OTHER SIGNATURE(S): - ACTION OF BOARD ON FEBRUARY 15, 20W ROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIN40US(ABSENT None ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the MA:gpp date shown. Gr:\GrpData\Admin\Board Orders\2000\BO 2-15-00.docF'FFIRiIARY Orig.Div: Public Works ATTEST Bb; Contact: M.Avalon,(313-2243} PHIL BATCHELOR, Clerk of the Board of sup isors and County Administrator cc: Flood control District County Administrator By Deputy County Counsel San Pablo City Council R.Gallager,City Manager,San Pablo A.Ho,San Pablo City Engineer SUBJECT: AUTHORIZE LETTER TO THE ARMY CORP OF ENGINEERS REQUESTING A COMMENT PERIOD FOR THE DE-AUTHORIZATION OF THE WILD CAT AND SAN PABLO CREEKS REACH 2 PROJECT- SAN PABLO AREA DATE: FEBRUARY 15, 2000 PAGE 2 IIL Reasons for Recommendations and Background: In the early 1980's,the Wildcat and San Pablo Creeks project received Federal Funding for an Army Carp of Engineers flood control project. At the time the project was designed,it was decided to divide it into two phases. The first phase extended from the Bay to the city limits of San Pablo and the second phase was upstream of the city limits. The project was divided into two phases because the lower portion met the funding criteria established by the Army Carp of Engineers,but the upper portion of the project did not meet the cost/benefit criteria and therefore could not receive funding at that time. The federal authorization for this flood control project sunsets on April 16, 2002. The Army Carp of Engineers sent a letter to Senator Diane Feinstein, Senator Barbara Boxer, and Representative George Miller providing notice of the de-authorization of the balance of the project. The upstream project as originally designed does notean-i'he cost/benefit funding criteria. However, there may be potential for alternative designs that would meet the cost/benefit ratio and qualify for federal funding. The Flood Control District would like to meet with the City of San Pablo and Contra Costa County to determine if there is interest in pursuing alternative projects that may meet the funding requirements for a flood control project on the upper reach of Wildcat and San Pablo Creeks, and provide comments to the Corp. The Army Corp of Engineers is informing us of the pending de-authorization two years from now. In order to retain funding authorization we would have to obligate federal funds for planning,design or construction before April 16, 2002. The District recommends the Board send a letter to the Army Corp of Engineers informing them of our interest on commenting on the de-authorization and requesting 90 days to provide comments to the Corp on the Wildcat San Pablo Creeks Reach 2 project. IV. Consequences of NegAtive Action: The Army Corp of Engineers would not be informed of our desire to provide continents on the de- authorization of the Wildcat/San Pablo Creeks Reach 2 project. C,17 DEPARTMENT OF THE ARMY 3 U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO.CALIFORNIA 95814»2922 REPLY TOY AT'tE1#114001 Of Executive Office Honorable George Miller House of Representatives 2205 Rayburn House Office Building Washington, DC 20515-0507 Dear Mr. Miller: In accordance with Section 1001(b)(2) of the Water Resources Development Act of 1986, Public Law 99-662, as amended, this letter provides notification that the following project in your district meets deauthorization eligibility criteria: Wildcat and San Pablo Creeks, Reach 2 This project was reported to the President of the Senate and the Speaker of the House of Representatives as eligible for deauthorization on October 15, 1999. By law, Wildcat and San Pablo Creeks, Reach 2, will be deauthorized on April 16, 2002, unless Federal funds are obligated for planning, design, or construction activity prior to that date. This section of Wildcat and San Pablo Creeks (Reach 2)encompasses the area bounded by Rumrill Boulevard to San Pablo Ilam Road on Wildcat Creek and Rumrill Boulevard to San Pablo Avenue on San Pablo Creek, in the city of San Pablo. Please contact me if you have any questions regarding the pending deauthorization of the Wildcat and San Pablo Creeks, Reach 2 authority. Sincerely, Michael J. Walsh Colonel, Corps of Engineers District Engineer Copy Furnished: _,�34r:R. Mitch Avalon, Deputy Director, Contra Costa County Flood Control and Water Conservation District, 255 Glacier Drive, Martinez,CA 94553-4897 Recording Requested By: CONTRA COSTA Co Recorder Office Blackhawk Geologic Hazard Abatement District STEPHEN L, WEIR, Clerk-Recorder c/o William R.Gray and Company DOC— '"1 ®' 3,a ®' 1820 Bonanza Street,Suite 204 00 Walnut Creek,CA 94596 W, FEB 16, 2000 10:13:42 FRE $0.00 Return to: Tt 1 Pd $10.00 Nbr-0000830482 WHEN RECORDED,RETURN TO CLERK Ira/RS/1-1 BOARD OF SUPERVISORS BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE BOARD OF DIRECTORS,BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with and NOTICE OF COMPLETION Condon-Johnson&Associates at ) (Civil Code, 3086, 3093) 189/190 Silver Pine Lane,Danville ) (Blackhawk)area Project ) RESOLUTION NO.2000% The Board of Directors of the Blackhawk Geologic.Hazard Abatement District,(the District)RESOLVES that: Pursuant to a license granted by John and Nancy Domrnes,David Strahom and Barbara Fortes,the District,as licensee on September 20, 1999 contracted with Condon-Johnson & Associates, Oakland, California, as contractor, with Lumbermens Mutual Casualty Company as surety,for landslide repair work to be performed at 189/190 Silver Pine Lane, Danville(Blackhawk),California,located within the boundaries of the District; and William R.Gray and Company,as General Manager of the District,reports that said work has been inspected and complies with the approved plans and specifications and recommends its acceptance as complete as of February 15,2000. Therefore,said work is accepted as recommended above,and the Clerk of the Board shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on February 15,2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSTAIN: NONE CERTIFICATION AND VERIFICATION NC:SE:df G:1GrpData\SpDist\Board Chders\2000\2 February\BOS 2-I5-00.doc cc: Skip Epperly,(925)313-2253 Public works(CHAD) Record and return to PW Special Districts I hereby certify that this is a true and correct copy of an William R.Gray and Company action taken and entered on the minutes of the Board of Auditor Supervisors on the date shown. Public Works-Accounting ATTESTED: FEBRUARY 15, 2WO PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By 17eputy `/r