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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-574 r CONTRA COSTA Co Recorder's Office Recorded at the request of: STEPHEN L. WEIR, County Recorder Contra Costa County Public Works Department DOC — 943-0278027 Return to: Friday, NOV 06 Public Works Department �, 99i3_Or ,g„ Engineering Services $4.00. 1 Ttl Pd $0.00 Nbr-•0000327252 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 98/574 RESOLUTION NO... 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. 146342)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- DATE OF AGREEMENT FINANCIAI MUM= 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 Book 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 Book 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-MY Widths &k No. Len¢ths (Miles) Brown Road 40/60 7875 BQ 0.22 Jasmine Circle 36/56 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:\GrpDaulEngSvc\BO\Bo 11-3-98.doc Originator. Public:works(ES) 1 hereby certify that this is a true and correct Contact: Rich Lieriy(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 Shown. S.Kowalewski,Transportation Engineering Maintenance ATTESTED: '' - 3,,_ !Fir D.Schmidt,County Counsel Recorder(via Clerk)then PWRecords PHIL BATCHELOR, Clerk of the Board Sheriff-Patrol Div.Commander of Supervisors and Count Administrator CHP,c/o Al CSAR-Cartog. By Y19�y _ - Deputy