HomeMy WebLinkAboutMINUTES - 05071996 - C13 THE BOARD OF SUPERVISORS-OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 7, 1996 by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlaskon, Smith
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 96/197
SUBJECT: Approval of the Final Map, Subdivision Agreement and Acquisition of Off-site Right y
of Way Agreement for Subdivision 7582, El Sobrante Area.
The Public Works Director having reported that in order to fulfill their subdivision and
ordinance requirements the subdivider is required to install road and related improvements on lands
owned by three separate property owners (Hemmert, Bailey and Bultera). The subdivider has been
unable to obtain the necessary property rights and, therefore, has entered into an acquisition of off-
site Right of Way Agreement with the County, whereby the County will obtain the necessary property
rights and the subdivider will pay all related costs. The subdivider has agreed to waive Section
66462.5 of the Government Code which requires the County to obtain the land rights within 120
days,thereby allowing the developer time to continue to work with the property owners to obtain the
necessary land rights after the map has been filed.
The following documents were presented for Board approval this date:
The Final Map of Subdivision 7582, property located in the El Sobrante area, said map
having been certified by the proper officials;
I. A Subdivision Agreement with Cerrito Development, Inc., subdivider, whereby said
subdivider agrees to complete all improvements as required in said Subdivision
Agreement within one year from the date of said agreement;
Said subdivision agreement accompanied by:
A. Security to guarantee the completion of road and drainage improvements as
required by Title 9 of the County Ordinance Code, as follows:
1. Cash deposit (Auditor's Deposit Permit No. 276635, dated April 15,
1996) in the amount of$5,800 made by Cerrito Development, Inc.
2. Additional security in the form of a corporate surety bond dated April 24,
1996, and issued by Developer's Insurance Company (Bond
No. 184528S)with Cerrito Development, Inc. as principal, in the amount
of $577,500 for faithful performance and $291,650 for labor and
materials.
II. Acquisition of off-site right of way agreement for Subdivision 7582 with Cerrito
Development, Inc., subdivider, whereby said subdivider agrees to pay all costs and
expenses involved in acquiring off-site right of way from the three separate property
owners (Neal B. & Dawn Hemmert, Obadiah & Genell Bailey, and Ronald D. &
Annie Bultera) for construction of the off-site improvements required by the
conditions of approval for Subdivision 7582.
Said Acquisition of Off-site Right of Way Agreement accompanied by:
A. Security to guarantee payment of co9ts and expenses to acquire land rights
necessary for the construction of offsite improvements required by the
subdivision Ordinance Code the Conditions of Approval for SUB 7582, as
follows:
1. Cash deposit (Auditor's Deposit Permit No. 276962, dated April 22,
1996) in the amount of$4,000 made by Cerrito Development, Inc.
I
(SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7582, El
11, Sobrante Area. l
'DATE: May 7, 1996
Page -2-
2. Additional Security in the form of a Corporate Surety Bond dated April
24, 1996, and issued by Developer's Insurance Company (Bond No.
184830S) with Cerrito Development, Inc. as principal, in the amount of
$32, 017.
III. 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 1995/96 tax lien
has been paid in full and the 1996/97 tax lien, which became a lien on the first day of
March,'1996, is estimated to be $18,000;
IIII. Security to guarantee the payment of taxes as required by Title 9 of the County
Ordinance Code in the form of a cash deposit (Auditor's Deposit Permit No. 275734,
dated March 28, 1996) made by Placer Title Company in the amount of$18,000
guaranteeing the payment of the estimated tax;
NOW THEREFORE BE IT RESOLVED 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;
BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does
not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said Subdivision Agreement and Acquisition of Off-
site Right of Way Agreement are also APPROVED.
1 hereby certify that this is it true and correct COPY Of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown-
ATTESTED: TV 7. 1996
RL:mw PHIL BATCHELGR,Cierk of the Board
g:\engsvc\bo\bo7.t5 of Supervisors and County Administrator
Originator: Public Works(ES) JA- I ,Deputy
Contact: Rich Lierly(313-2348)
cc: Director of Community Development
Public Works -Construction
Cerrito Development,Inc.
3083 Lawrence Expressway,Santa Clara,CA 95051
Placer Title Company
1981 N.Broadway,Suite 220,Walnut Creek,CA 94596
Developer's Insurance Company
%Inseo Insurance Services,Inc.
3466 Mount Diablo Boulevard.,Suite 104,Lafayette,CA 94549
Ronald D.&Annie Bultera
3592 Hillcrest Road,El Sobrante,CA 94803
Obadiah&Genell Bailey
3600 Hillcrest Road,EI Sobrante,CA 94803
Neal B.&Dawn Hemmert
3648 Hillcrest Road,EI Sobrante,CA 94803