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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-399 CONTRA COSTA Co Recorder Off�c STERN L, ORClerk-Reorder Recorded at the request oC DOC- 200 -0239138 00', Contra Costa County Wednesday, JUN 29, 2005 1$:14:59 Board of supervisors FRE $0.90 Return to: Tt1 P A #' Public Works,'Department `s�' Nbr-ON277190$ Engineering Services Division 1 r C/RS/1-6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALikutc ii.A Adopted this Resolution on June 28, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RSOI.UTION NQ.2002f9 SUBJECT: Accepting cornpletlon o pub Ic improvements,trail improvements,and acquisition of off-site right-of-way,and declaring Driftwood Drive,Powell Drive,Corliss Street,Jill Avenue(from Burdick Drive to Boeger Place),Fletcher Court,Fletcher Street,and Burdick Drive as county roads, Subdivision 92-07737, Bay Point area. (District V) These improvements are approximately located west of Driftwood Drive and south of the Contra Costa Canal in the Bay Point area. Pursuant to the March 23, 2005, Settlement Agreement and Mutual Release of Claims ("Settlement Agreement")entered into by and between the County of Contra Costa and E.I.duPont de Nemours and Company,KB Home(formerly Kaufman and Broad Home Corp.),KB Home North Bay Inc.(formerly Kaufman and Broad of Northern California,Inc.),American Casualty ofReading, Pennsylvania,The American Insurance Company,and Redgwick Construction Company,the public improvements accepted herein do not include those outstanding improvements described in"Exhibit 1"to said Settlement Agreement. A copy of"Exhibit 1"is attached hereto and incorporated herein by reference. JD:rm:sr G:\GrpData\EngSvc\BO\2005\06-28\SD 92-07737 B0 45.doc Originator: Public Works(Es) I hereby certify that this is a true and correct copy of an Contact: B.Balbas(313-2284) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D. Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,MandT Lab JUNE 2$ 2005 -H.Finch,Maintenance Div. ATTESTED: y -1.Bergeron,Mapping Div. -7.Dowling,Engineering Svc. JOHN SWEETEN, Clerk of the Board of Supervisors and County Counsel-T.- County Administrator Sheriff-Patrol Div.Commander CHP;c/o Al CSAR—Cartog KB Horne By ,Deputy The American Insurance Company American Casualty Company of Reading,PA E.I.duPont de Nemours and Company(DuPont) itedgwick Construction 3�� RESOLUTION NO.2005/ SUBJECT: Accepting completion of public improvements,trail improvements, and acquisition of offsite right-of-way,and declaring Driftwood Drive,Powell Drive,Corliss Street, Jill Avenue(from Burdick Drive to Boeger Place), Fletcher Court, Fletcher Street, and Burdick Drive as county roads,Subdivision 92-07737,Bay Point area. (District V) DATE: June 28, 2005 PAGE: 2 The Public Works Director has notified this Board that the public improvements(Driftwood Drive, Powell Drive, Corliss Street, Jill Avenue(from Burdick Drive to'Boeger Place), Fletcher Court, Fletcher Street, and Burdick Drive) in Subdivision 92-07737, excepting those public improvements described in Exhibit 1, have been completed as provided in the Subdivision Agreement, dated July 12, 1994, with Kaufman and Broad of Northern California,Inc.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. The Public Works Director has also notified the Board that the acquisition of off-site right-of- way for Subdivision 92-07737 for an extension of Driftwood Drive over an East Bay Municipal Utility District(EBMUD) right-of-way, as provided in the July 12, 1994, Acquisition of Off-Site Right-of-Way Agreement with Kaufman and Broad ofNorthern California,Inc.,heretofore approved by this Board in conjunction with filing of the Subdivision Map, has been completed. The Public Works Director has also notified the Board that the acquisition of off-site right-of- way for Subdivision 92-07737 from the U.S.Navy for regional detention basin,wetlands, spoils area, roadway fill and sediment removal were not necessary for this development. Kaufman and Broad of Northern California,Inc.,satisfied the requirements for the improvements that required the right-of-way acquisition set forth in the July 12, 1994, Off-'Site Right-of-Way Agreement with Kaufman and Broad of Northern California, Inc.,via construction with an alternative design. The Public Works Director has also notified this Board that the trail improvements in Subdivision 92-07737 set forth in the June 22, 1994,Trail Improvement Agreement with Kaufman and Broad of Northern California,Inc.(EBMUD trail from Riverside Drive to Jill Avenue),and the June 22, 1994,Trail Improvement Agreement with Kaufman and Broad of Northern California,Inc. (Hill 410 to Jill Avenue), heretofore approved by this Board, have been completed. NOW THEREFORE BE IT RESOLVED that the public improvements identified in said Subdivision Agreement, except those improvements described in Exhibit 1, have been COMPLETED as of June 28,2005,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY July 12, 1994 American Casualty Company of Reading,PA (Bond No. 90084427$-AMCAS) The American Insurance Company (Bond No. 11127254743-AIC) RESOLUTION NO. 2005/399 SUBJECT: Accepting completion of public improvements,trail improvements,and acquisition of off-site right-of-way,and declaring Driftwood Drive,Powell Drive,Corliss Street, Jill Avenue(from Burdick Drive to Boeger Place),Fletcher Court, Fletcher Street, and Burdick Drive as county roads,Subdivision 92-07737,Bay Point area. (District V) DATE: June 28,2005 PAGE: 3 BE IT FURTHER RESOLVED that Driftwood Drive, Powell Drive, Corliss Street, Jill Avenue(from Burdick Drive to Boeger Place),Fletcher Court,Fletcher Street, and Burdick Drive, the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 92-07737 filed July 20, 1994, in Book 374 of Maps at Page 15 through 22, Official Records of Contra Costa County, State of California, are ACCEPTED and DECLARED to be County Roads. Road Name Road-R/W Widths Road No. Lengths ( iles) System Driftwood Drive 60' to 74' 5094A 0.23 CU Powell Drive 56' 5094C 0.15 MU Corliss Street 52' 5094J 0.14 MU Jill Avenue 52' 5094K 0.16 MU Fletcher Court 52' 5094L 0.04 MU Fletcher Street 52' 5094N 0.10 MU Burdick Drive 52' 5094P 0.14 MU BE IT FURTHER RESOLVED that Bond.No. 900844314,in the penal sum of$31,000.00, issued by American Casualty Company of Reading, PA, to secure performance under the July 12, 1994, Off-Site Right-of-Way Agreement(Driftwood Drive extension) is EXONERATED. BE IT FURTHER RESOLVED that Bond No. 900844300,in the penal sum of$32,000.00, issued by American Casualty Company of Reading,PA, to secure performance under the July 12, 1994, Off-Site Right-of-Way Agreement(regional detention basin)is EXONERATED. BE IT FURTHER RESOLVED that the trail improvements in Subdivision 92-07737 set forth in the June 22, 1994, Trail Improvement Agreement with Kaufman and Broad of Northern California,Inc. (EBMUD trail from Riverside Drive to Jill Avenue)have been COMPLETED,and that there is no warranty period required, and Bond Nos. 900841929-AMCAS and 11127254719- AIC, in the penal sum of$129,800.00, securing performance of the trail improvements under said agreement, is EXONERATED. BE IT FURTHER RESOLVED that trail improvements in Subdivision 92-07737 set forth in the June 22, 1994,Trail Improvement Agreement with Kaufman and Bread of Northern California, Inc. (Hill,410 to Jill Avenue),have been COMPLETED, and Bond No. 900841915, in the penal sum of $14,860.00, securing performance of the trail improvement under said agreement, is EXONERATED. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 2005/399 i EXHIBIT 1 TO SETTLEMENT AGREEMENT—OUTSTANDING 7737 IMPROVEMENTS This Exhibit sets forth the balance of California Skyline II ("7737") improvements required to be constructed by the July 12, 1994, Subdivision Agreement between the County and KB Horne which were not completed during the initial stages of construction in Tract 7737. The Outstanding 7737 Improvements were to be constructed by or on behalf of KB Home in 2003 and/or 2004 pursuant to the following: Carlson, Barbee & Gibson Improvement Plans, Sheets 1- 9, dated January 2004; and Carlson, Barbee & Gibson Grading Plan, Sheets 1-4, dated March 24, 2004, The improvements set forth in bold print are those improvements that have not been fully constructed or that may require corrective action by KB Horne. The following improvements are subject to a one-year warranty following acceptance of said improvements. 1. GRADING • Earthwork— Import to Fill Basin • Fine Grade Lots • Sub-Excavation of Basin 2. STREET WORK • Grading to Property Line • Street improvements for Boeger Place, including AC pavement, curb/gutter, sidewalk,drainage infrastructure in the roadway, and other ' public improvements within the ultimate public right of way. • Street improvements for Jill Avenue from`Boeger place to Driftwood Drive, including AC pavement, curb/gutter, sidewalk, drainage infrastructure in the roadway, and other public improvements within the ultimate public right of way. • Monolithic Curb, Gutter,4.5' Sidewalk &Cushion • Street Signs • Street Monuments • Handicap Ramp I' • Striping • Curb Drains (3: PVC, 2 per lot) i 3. STORM DRAIN • Remove &Abandon Existing Basin Out-Fall • Type A Catch Basin • Adjust Catch Basin to Finish Grade • 18" Storm Drain Pipe j j! 4. MISCELLANEOUS • Soundwall (As to lots 71 and 72 only) ' Retaining Walls f+ ErosionControlI 912031.1 ;i