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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-169 CPs THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 26, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, Glover, and Gioia NOES: None ABSENT: Supervisor Mark DeSaulnier, District IV ABSTAIN: None RESOLUTION NO.2002/ 169 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 60-89 being developed by John M.and Nancy L.Donkonics,trustees ofthe revocable trust of John M. Donkonics and Nancy L. Donkonics, et. al.,Martinez area. (District 11) The following documents were presented for Board approval this date: I. Map The parcel map of Subdivision MS 60-89, property located in the Martinez area, Supervisorial District II, said map having been certified by the proper officials; 11. Subdivision Agreement A subdivision agreement with John Donkonics,subdivider,whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: 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. G:\(3TpData\EngSvc�BO1200213-26-02\MS 60-89 B0-21.doc March 26, 2002 Mad ATTESTED. Originator.Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors Contact: Rich Lierly(313-2348) and County Administrator cc: Public Works-R.Bruno,Construction Current Planning,Community Development T—1-26-03 By Deputy John Donkonics 926 Deer Creek Drive Martinez,CA 94553 RESOLUTION NO. 2002/ 169 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 60- 89 being developed by John M. Donkonics and Nancy L. Donkonics, et. al., Martinez area(District 111). DATE: March 26, 2002 PAGE 2 Cash Bond Performance amount: $54,100.00 Labor and Materials amount: $27,050.00 Submitted by: John Donkonics Tax ID Number: 573-58-3154 Auditor's Deposit Permit No. and Date: 338273, September 23, 1999 Ill. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January, 2002, is estimated to be $3,600.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Cash Bond Assessors Deposit Permit: 382679 Date: March 7, 2002 Amount: $3,600.00 Submitted by: John and Nancy Donkonics NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/169 SUBDIVISION AGREEMENT (Government Code 566462 and 566463) JOHN M. 17bNK{}NZCS AND NANCY L. DONKONI TRUSTEES OF THE REVOCABLE TRUST OF JOHN Subdivision: 60-89 Subdivider. X WNKCINICS AND NANCY I._ j(71 NKONTCS,DATE MARCH 3, 1993 Effective Date: Z92 s Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO. CONTRA COSTA COUNTY SUBDIVIDER 3 irl ekuei-A.Malreed,Public Works Director M..:�ttlw LJOA By. (sem )A (NntnzmKONICS, TRUSTEE By: ts8 En n' cesDivision (P adde) NANCY L. DONKONICS'"C w5u reV Victor J.Westmm,County Counsel (NOT& All signatures to be acknowledged.1f Subdivider is incorporated, signatures must conform with the designated representative groin pursuant to Corporations Code 5313.) 1. PARdt Effective on the above date,the County of Contra Costa,California,hereinafter called"Co ter":and the above-mentioned Subdi ,mutually promise and agree as follows concerning this subdivision 2. IMPRCIYEMM=. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping, and such other improvements(including appurtenant equipment)as requited in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Departnient and in conforms with the Contra Costa County Ordinance Code(including fu#ure amendments thereto). 'Subdivider sha#1 Mete said work and improvements(havinafter called"work")within the above completion penod from date hereof as required by the California Subdivision Map act(Oovermn nt Code SS66410 and following),in a good workmanlike trumm,in accordance with accepted construction practices and in a manner equal or superior to the requirernents of the County Ordinance Code and rulings made thereunder,and where there -is a conflict between the irnprovement plans and the County Ordimuice Code,the stricter requhvnients shalt govern. 3. Upon executing this Agreement,the Subdivider shall,pursuant to Goverturnett Code 566499,and the County Ordmannce Code,provide as security to the Count)r A. FprpMfgMV=WdgMKAUt= $ 1,000.00 cash,plus additional security,iu the amount of$, _ .100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of X Cash,certified:check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees petfomnannce under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmarnship or materials or any unsatisfactory performance.B. ur pa r. Security in the amount of$ 27,050.00 which is fifty percent(50%)of the estimated cost ofthe work Such security is presented in the form of. X Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable tetter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing tabor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with 594-4.406 and 594-4.411$of the Ordinance Code. 4, GLIAgAME AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT F aTABLLSH M WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establistiq mt work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public.Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. Ilypl gyEMag PIAN WAR_tt ANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER B)[COLM. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 11. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section. A. The indjlpnities bexsefittexi and prottctexi by this promise are the County,and its specnal dnstnct,elective end appointive boards, commissions,officers,agents,and employees. B. Theiib i$ia protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The agions c usingliability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Qnditiong: The promise and agreement in this section are not conditioned or dependant on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(#)in connection with this worse or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful n iisconduea of any Indemnity. 9. 'tQM Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SIMMM MM. Subdivider shall sect and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete:by the Board of Supervisors. 11. HQM-=EQ&A&=AM QQSJS:If Subdivider fails to complete the work within the tirne specified in this Agreem=4 and ent extensions,or f d1s to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrm to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,suurvveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover exists incurred in col plet g-artnaintaining the work„Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. WQQ it_A_TIQNIANNMATION. If;before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,time County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. t CO SAP. In consideration hereof,County shiall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivisiom RLow A . �,r�v+ r WIAa WORD\AO-30A*c ire I.ALIt'UKN1A ALL-rUKYVJG AGKN(JVVLt:UIitM=R 1 _... __..... State of rog-k1 t/ OPT1ONAt.SECTION County of 14 CAPACITY CLAIMED BY SIGNER On �3 E 'before me, +�! Though statute does not require the Notary, OATE NAM , 1 flFFICcR E:C..'JAN A u- to fill in the data below,doing so may prove Invaluable to persons relying on the personally appeared f 'A. 1 �t nl ISO tit l document. ` 13 INDIVIDUAL C7 personally known to me-OR- gGrovided to me on the basis of satisfactory 0 CORPORATE OFFICER(S) evidence to be the person(s)whose name(s) is/are 1 subscribed to the within instrument and acknowledged to me that ❑PARTNER(S) d LIMITED he/she/they executed the same in ©GENERAL CHERIE CODDLES his/her/their authorized capacity(ies), ❑ATTORNEY-IN-FACT r cot�r�. �issoo7 y and that by his/her/their signature(s) I21RUSTEE(S) on the instrument the person(s)or the 0 GUARDIAN/CONSERVATOR "°7N PUBLIC-CALIFORNIA ;ITNE Gmy f which the per- 0 OTHER: My o mm. Sept.26,20M '� cited, ted the instrument. s d fficial a{, SIGNER IS REPRESENTING: NAME OF POWN(S)OR EMiTY(IRS) SIGNATURE OF NC A OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER Trwuy tftd.,neww,tnan tie"oyuw. THAN NAMED ABOVE 4 rnev prove v"..w 0vson3l rNyvn on IM Qcevmn and caWtl privwr Ma .rs rranaen"wm of tna form. INSTRUCTIONS TO NOTARY 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. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in t e property must be state . Ill. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have tie auttio`rity to sign tor and bind tthe partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signed 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 d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copyof 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, will suffice. Notarization of only one corporate signature or signatures from only one roup, 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". MW GAENGSVC\FORMS\N0TARY.WPQ Rev Just•Ill. .9q LAL1tVKN1 AI,.L-YUKYV1tALKNUVYf.CUIstINGNt _ _ ___ State ofOPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On 1-7-3`f9 before me, lkrV Z_a-5 Though statute does not require the Notary. DATE NA PRICER E.G..'JA N11 DOE.NOTARY u u J - to fill in the data below,doing SO may prove t / i_• tt5 f L lj 1['_ document Invaluable to persons relying on the personally appeared IVA41 ii I ti 0 INDIVIDUAL 13 personally known to me-OR- provided to me on the basis of satisfactory d CORPORATE OFFICER(S) evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that d PARTNER(S) 0 LIMITED he/she/they executed the same in [3GENERAL CHERIE COCOLE$ his/her/their authorized capacity(ies), 0 ATTORNEYAN-FACT r COMM,#1145497 ) and that by hisiherltheir signature(s) tS�TRUSTEE(S) 0 NOTARY PUBLIC-GA LIFORNA 'p on the instrument the person(s)or the ��jj GUARDIAN/CONSERVATOR p entity u behalf of which the per- 1:1 OTHER: / MARIN COUNTY 14pon • Mr oomm.moires S#P4 25,2= so ed, executed the ` strui . APIA ITNE my hand and Tal sSIGNER iS REPRESENTING: NAME OF PsRsot*s)opt eN191-ves) ARY— OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SiGNER(S)OTHER THAN NAMED ABOVE ThoWn IM1a 004 Cagw Y F004+ #W by law. R MAY paYA vNu9Na[a Z:r M y+ q art the COCW N W.4 pWan Ifawuan hNIiGPrMM 0/th.1.1m INSTRUCTIONS TO NOTARY 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. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. Ill. SIGNATURES FOR PARTNERSHIPS -Signing party must be either a general partner or be authorized in writing to have t et authority ority to sign tor anbind he partnership. IV. SIGNATURES FOR_CORPORATiONS Documents snould be signs 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 Secreta b An Assistantilecretary c The Chief Financial Officer d 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 the type in question is required. A currently valid power of attorney, notarized, will suffice. Notarization of only one corporate si nature or signatures from only one roup, must contain the following phrase: and acknowledged to me that suc, corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors". :mw _jNGSVCIFORMStNOTARY.WPD P'•' Jti�L' 'rf.'r r' 03106102 42.00 89-60 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631C Joseph L.Martinez Martinez,California 94593- Costa Assistant Tax Collector 0063 (925)646-4122 Counter Joslyn Mitchell (925)646-4135 FAX I Tax Operations Supervisor t! Date: 316!2002 IF THIS TRACT ISNOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS FETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# City T.R.A. 89-60 MARTINEZ 76084 Parcel#: 367-180-010-4 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2001-2002 tax lien has been paid in full. Our estimate of the 20102-2003 tax lien, which became a lien on the first day of January, 2002 is $3,600.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to ding with the Clerk of the Board of Supervisors. W L M J. PO C Tr as rer- I By wUN I Y OF CONTRA COSTA �r DEPOSIT PERMIT OOFFICE OF COUNTY AUDITOR-CONTROLLER 0 TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER ` ~ 1 ~� l } i� (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB.,� TASK OPTION ACTIVITY AMOUNT I I i I f t 1 I i i i i i f I I I t t t 4 I t t I i i I I i sLANATION: TOTAL C? DEPOSIT - i t -�. Deposit consists of the following items A COIN and CURRENCY $ CHECKS,M. ETC. $_ t— ( O 1 . (_ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY QzLu k. DEPOSIT r I f PERMIT ()� l ( C NUMBER J - d DATE SIGNED 2 �V amount f mcwnay described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby the C reasu acknovAedged. r^� ed-( Data Signed: Signed: all EXT. 04wVCourA Auditor DeputyCounty Treasurer } EY.(9-93) r . 6.vvtvu r yr us.vuvtxPt 6.tJ��Pu .-•-"-;; DEPQSlT Ip'ERMIT OFFICE OF COUNT'f AUDITOR=CONTROLLER TO THE TREASURER: MARTINE2oCALIFORNIA ' RECEIVED FROM centra Costa Ctou= 1 uk 1ic-Week$ ORGANIZATION NUMBER Ind . 255 Glacier lir. Martinery rh OA -4 (ForCc>slichcirlProcedtxaeCorirwty,At#friiriltrc�tor' atin;l'05} ;: DESCRIPTION FUND/OR 1. fA5K' TION < AC tY AMQUNT ACO- Sale of Plans cos Specs } 5 91 .00 Sale of Prints 000616 bP108T: 11i..S� 61086 10, .45 1 OW651 20 x 004530; 0 2�i 413 Saies Tax 100300 til 7 t: UPS Refund 004500 ''2100" SAS l'itz .l}.Ck.55 b'eeu - WV/;53C3. 9140 r �. t� .p Nitz. DA57 Com � ss4`r7���_.� t. fV�„ p�y� '�Y ;� fi � S'1�fF . �itZ DA40A ''e $ r 4tz DA40A Com .},.4 rs' M494--0R1496 1 651 X660 R t 1 M, DA56 I.5303-99 007,566 •3140 iYdro Cow -9$95 777777 Crust lend 419800*00 ;08601., Crust Fund 8310 1 5IO.y 60 3 XPL 11% 9--1005930 No Voids TOTAL t:': DEPOSETI100teca;rtls �.( 06051-10060 9 Voids g tt • Y Svcs IOt SG29-lt?05635 No. i a ets. ' 86 :rust F-md 631000.0800 Total $1,500.00. ct N do Ails # tS242 i Aia Check Fee i-t _��ane H411 Court Orinda.� �c -SITS $ .60-092-011�,,0p1,,7, t obetpf M ' Fisher, 85 Southwood Imo., t�3 , CA ,� =cC�NTai3LL�R.usgc i� >4`63. G#1005b 56!13.00 DEPOSIT WiO05633 $1,000.00 MS60�-89 CAsh Deposit Join Donkcm e$, 926 � ;eer CreekDr.,, hartinez CA 94553. ;ee attaclrnt i'trrt An I titer . c� :819 ASsiNED he amount of money abava s hir Tneaisutar s'raeeipt of•abawe anoint s# tbseeipt of obi arnmui*is deposit into t6 County TM251. act igned- MAWS. itie. C C.f �C,.r XT.. ..v !�' :d; T 14 REV(7-93) ` . ' Trust Fund 819800-0800 G#1005634 $80,150.00 (Total) $53,100.00 MS60a-89 Performance Bond $27,050.00 Labor and Material Bond John Donkonies, 926 Deer Creep Dr., Martinez, CAS 94553