HomeMy WebLinkAboutMINUTES - 04081997 - C1-C11 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 8, 1997, by at least a four-fifths vote:
AYES: Supervisors Rogers , Uilkema, Gerber , Canciamilla , Desaulnier
NOES: None
ABSENT: None
RESOLUTION NO. 97/165
(Gov't Code 4 25363)
SUBJECT: Resolution of Intention to Sell County Surplus Real Property
Single-Family Residential, 2616 Main Street
CDD - CP #97-14
Project No. 4660-6X4208
Oakley Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board DETERMINES that the parcel of land, acquired for highway purposes,
described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein,
is surplus and not required for public use.
The Board DECLARES its intention to sell said property under the terms and conditions
contained in the Notice of Public Land Sale for said property prepared by the County Real
Property Division.
The Notice of Public Land Sale is APPROVED and the Real Property Division is
DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior to
said sale in a newspaper published in the County or post in three (3) public places in the County
for that period; pursuant to Government Code Section 25363,
The Board sets Wednesday, April 30, 1997, at 2:00 p.m., at 255 Glacier Drive, Martinez,
California, as the time and place where oral bids will be received and considered.
The Board hereby FINDS that the project will not have a significant effect on the
environment, and DETERMINES that the project is exempt from the requirements of the California
Environmental Quality Act as a Class 12 Categorical Exemption under County Guidelines and
Section 15312 (a) and (b) of the State CEQA Guidelines, and DIRECTS the Director of
Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the
Public Works Director to arrange for a payment of the $25.00 handling fee to the County Clerk
for filing of the Notice of Exemption.
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Ong. Dept.: Public Works(RP) ani ord of sak upelvISM en the Wed
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Contact: Karen Laws(313-2228) ATrESTED April 8, 1997
cc: PIW Accounting PHIL BATCHELOR,Clerk of the board
Design Div.,Attn.: J. Olsen of Supervisors and Mminloator
County Administrator )
Assessor By J Deputy
Auditor-Controller
Community Development Dept
RESOLUTION NO. 97/ 165
NOTICE OF INTENTION TO SELL REAL PROPERTY
(Government Code § 25363)
The County Real Property Division will sell at public auction to the highest responsible bidder,
the residential property hereinafter described:
2616 Main Street, Oakley, CA 94561
Assessor's Parcel No. 037-123-062
The auction will be held at 255 Glacier Drive, Martinez, California, on Wednesday, April 30, 1997,
at 2:00 p.m.
Terms and Conditions of Sale are available at the office of County Real Property Division, 255
Glacier Drive, Martinez, California 94553, or may be requested by phone to be mailed by calling
313-2220.
The County reserves the right to reject any and all bids received.
The parcel will be sold as is and the purchaser assumes all risks and responsibility.
The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks
and responsibilities.
By Order of the Board of
Supervisors of Contra Costa County
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
April 8, 1997
BY 1 A~ Q
De� ity ClerR
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(Form updated 2/97)
RESOLUTION NO. 97/ 165
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 Contact Person:Vickie Germany - Public Works Dept.
Project Description, Common Name (if any) and Location: Sale of Surplus Property-2616 Main Street, Oakley,
County File #CP 97- 14: The project consists of the sale of surplus property which consists of an approximately
10,000 square foot (sq. ft.) parcel. The parcel is improved and contains an approximately 1,000 sq. ft. single-
family residence with a detached garage and shed. The parcel was acquired for the Highway 4 widening project
which has been completed. Therefore, the Transportation Engineering Division has determined the parcel is no
longer needed for road purposes. The property is located in a residential neighborhood at 2616 Main Street,
Oakley, in eastern Contra Costa County.
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section_
Declared Emergency(Sec. 15269(a)) _ General Rule of Applicability(Section 15061(b)(3)
_ Emergency Project(Sec. 15269(b) or(c))
✓ Categorical Exemption, Class 12
for the following reason(s): The house is surplus government property which is not in an area of
statewide, regional, or areawide concern as identified in Section 15206 (b)(4). However, if the
properties were located within these areas, their sale would be exempt if the properties comply with
the conditions listed in the CEQA Guidelines Section 15312 (a) and (b).
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Janet Frattini County Clerk Fee$25 Due
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NOTICE OF
PUBLIC LAND SALE
P �OStq
ZOZ Option to Purchase
o - Auction Sale of Improved
- Residential Property
/F0RN�P
DATE: April 30, 1997
SURPLUS
TIME: 2:00 p.m.
LAND PLACE: Conference Room "A"
255 Glacier Dr.,
Martinez, CA 94553
PROPERTY LOCATION: 2616 Main Street, Oakley
PROPERTY DESCRIPTION: Single-story,two bedroom/one bath,single family residence. Kitchen
is equiped with a gas range and dish washer. Dining area, living
room,family room,detached two cargaragewith a washerand dryer
(condition unknown) and shed. The house is on septic tank and
being sold "as is." A pest inspection report has been prepared.
Information is available at the open house and at the Public Works
Department.
House: 1,111 sq. ft.
Garage: 572 sq. ft.
Shed: 113 sq. ft.
Lot: Approximately 8,000 sq. ft.
PROPERTY INFORMATION: Assessor's Parcel: 037-123-062
Zoning: R-6
Utilities: All utilities are in and available
Property Taxes: Not currently taxed - will return to tax roll upon
sale.
The house may be inspected on the following dates and times:
Saturday, April 19, 1997 from 10:00 A.M. to 2 P.M.
Wednesday, April 23, 1997 from 1:00 P.M. to 5 P.M.
Saturday, April 26, 1997 from 10:00 A.M. to 2 P.M.
MINIMUM BID: $75,000.00
OPTION DEPOSIT AMOUNT: $5,000.00 in the form of a CERTIFIED CHECK, CASHIER'S
CHECK OR MONEY ORDER (NO PERSONAL CHECKS)
OPTION PERIOD: 45 days after acceptance of the bid by the Board of Supervisors
CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT,
REAL PROPERTY DIVISION
255 GLACIER DRIVE, MARTINEZ, CA 94553
For additional information, call Karen Laws at (510)313-2228
PROJECT LOCATION C, /
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NOT TO SCALE
ORAL BIDDING
Bidding will open at the $75,000.00 set bid and continue thereafter until the highest oral bid
is finally accepted.
At the close of bidding, the highest bidder will be required to execute an "Option to Purchase
Agreement" and deposit in CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY
ORDER, THE MINIMUM NON-REFUNDABLE $5,000.00 BID DEPOSIT.
BID ACCEPTANCE
Any final acceptance of a bid by the person conducting the sale shall be subject to the
approval of the Board of Supervisors by Resolution authorizing and directing the execution
of the deed.
BID REJECTIONS
The County reserves the right to reject any and all offers and waive any informality or
irregularity in any offer or to accept any offer deemed in the best interest of the County, or to
withdraw the property from the sale.
BIDDER DEFAULT
In the event that the high bidder fails to exercise his or her Option within the Option period or
defaults in completion of the sale, the County may, at its discretion, offer the Option to the
second highest bidder. If the second highest bidder accepts the offer, the deposit requirement
and terms of Option to Purchase shall be the same as stated in this notice of sale, except that
the Option period shall commence upon acceptance by the Board of Supervisors.
CLOSING TRANSACTION
Successful bidder will have the Option period of 30 days after bid acceptance to complete the
transaction under the TERMS OF OPTION TO PURCHASE, attached hereto.
In the event any term or condition in the agreement conflicts with or violates any statutory
requirements in the sale of public property, then only that part or portion of this agreement so
conflicting shall be amended to conform with any applicable legal requirements at the time.
All County employees may bid to acquire surplus County property, except employees who
have direct access to information not generally available to the public or who influence the
purchase or sale of right of way or other real property.
THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT
GUARANTEED.
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SABUA3
March 24,1997
OPTION TO PURCHASE AGREEMENT
1. GRANT OF OPTION.
In consideration of the sum of ($ ), receipt of which is hereby
acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California
("County),does hereby grant to ("Optionee")the exclusive
right and option to purchase, on the following terms and conditions, the real property described in
Exhibit"A' attached hereto and made a part hereof, and further identified as A.P.N. 037-123-062.
2. COMMENCEMENT AND TERMINATION DATES.
The option granted under this agreement shall be exercisable for a period of sixty(60) days beginning
on the first day following the approval of this option by the Board of Supervisors.
3. EXTENSION OF OPTION PERIOD.
There may be circumstances beyond the control of the Optionee which prevent completion of the
terms and conditions within the option period. Under these circumstances,the County may, at County's
sole discretion, provide for an extension of the option period under such terms and conditions as the
County deems reasonable, if it is deemed in the best interest of the County. No such extension shall
be effective unless it is in writing,signed by both parties. It is understood that Optionee acquires no
right,title, interest or equity in or to said property until a deed is recorded.
4. PURCHASE PRICE.
This Agreement gives Optionee the right to purchase the subject property for the sum of
DOLLARS ($ ) in cash. In the event the option granted
hereunder is exercised by the Optionee, the consideration of Five Thousand ($5,000.00) paid by
Optionee to County for the grant of said option, shall be applied to and shall reduce said purchase
price.
5. EXERCISE OF OPTION.
The Optionee may exercise the option granted under this Agreement shall be exercisable by the
Optionee paying the purchase price to County prior to the termination of the option period.
All payments must be made at the Public Works Department, Real Property Division, 255 Glacier
Drive, Martinez, CA 94553, payable to the order of Contra Costa County.
6. FORFEITURE OF OPTION OR FAILURE TO EXERCISE OPTION.
If Optionee shall fail to exercise the option granted under this Agreement,the consideration in the sum
of Five Thousand Dollars($5,000.00) paid by Optionee to County for this Option shall be forfeited to
and become the property of County.
7. ASSIGNMENT.
This option and all rights under this Agreement shall be freely assignable, and if assigned by Optionee,
any and all acts performable by Optionee hereunder may be performed by any assignee, regardless
of whether such assignment be before or after the exercise of this option.
8. BOARD APPROVAL.
The sale under this option is subject to the approval of the County Board of Supervisors. The Optionee
may not take possession of the property until a deed from Contra Costa County has been recorded.
c, i
9. INFORMALITIES: CANCELLATION OF SALE.
Contra Costa County reserves the right to waive any informality or irregularity in any offer,or cancel
the sale at any time prior to recording of a deed. In the event of cancellation of sale by County through
no fault, action or inaction of the Optionee, all monies deposited shall be refunded without payment
of interest.
10. TITLE.
The right,title and interest in the property to be sold shall not exceed that vested in the County,and the
property is being sold subject to all title exceptions, restrictions, easements and reservations,whether
or not of record. The Optionee may obtain a policy of title insurance at Optionee's own expense.
11. FEES AND TAXES.
The Optionee shall pay all recording fees,documentary transfer taxes, or other real estate transaction
taxes, or fees by whatever name known, including escrow fees or broker's commission, if any, and
personal property sales taxes where applicable.
12. CONDITION OF THE PROPERTY.
Neither the County not its agents make any warranty, guaranty or representation with respect to the
condition of the property nor does it assume any responsibility for the conformance to codes or permit
regulations of the city and/or County in which the property is located. It is the OPTIONEE'S
RESPONSIBILITY to obtain expert advice on the condition of the property and to determine and comply
with all building, planning and zoning regulations relative to the property and the uses to which it can
be put. Optionee relies solely on his own judgment,experience and investigation as to the present and
future condition of the property and as to any repairs made to it.
13. SEVERABILITY.
Should any part,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 party
jurisdiction intended to enter into in the first instance.
14. INDEMNIFICATION.
As partial consideration for this Agreement, Optionee shall defend, indemnify, protect,save and hold
harmless County,its officers,employees and agents,from any and all claims, costs and liability for any
damages,sickness,death,or injury to persons or property,including without limitation all consequential
damages, form any cause whatsoever, including the sole or joint negligence of County, its agents,
officers or employees, arising directly or indirectly from or connected with the repairs or any present
or future condition or use of the property to be sold pursuant to this Agreement, or any representations,
misrepresentations or non-representations regarding its condition or use; and will make good to and
reimburse the County for any expenditures,including reasonable attorneys'fees the County may make
by reason of such matters, and if requested by County will defend any such suits at Optionee's sole
expense. This obligation shall survive the assignment of this option,expiration of the option period or
other termination of the option.
15. GRANT DEED.
Upon exercise of the option and approval by the Board of Supervisors,the property shall be conveyed
by Grant Deed to:
(show name)
(show how title to be vested)
16. NOTICES.
All notices and services pertaining to matters arising in connection with this transaction may be made
upon Optionee in person or by registered mail addressed to Optionee at:
(address)
( 1
(telephone)
CONTRA COSTA COUNTY OPTIONEE
By: By:
Chair, Board of Supervisors
ATTEST: Phil Batchelor, County
Administrator and Clerk of the
Board of Supervisors
By:
Deputy
SA31ub.t3
March 25,1997
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
Resolution Granting Jurisdiction
ABSTAIN: None And Participation in City of
Martinez Utility Undergrounding
District 1996-1
ABSENT: None
RESOLUTION NO. 97/1
SUBJECT: City of Martinez Requests a Grant of Jurisdiction and County Participation
to Establish Underground Utility District to Include a Portion of the
Unincorporated Area in the County. Project No. 0676-6P1018
The Board of Supervisors of Contra Costa County RESOLVES that:
The City of Martinez desires to undertake proceedings for their Utility Undergrounding
District 1996-1 to include a portion of the unincorporated area of Contra Costa County at
the easterly end of the proposed district on Pacheco Boulevard, as shown on the attached
map and legal description marked Exhibit "A".
The City of Martinez has requested a Grant of Jurisdiction for that portion of the district in
the unincorporated area of Contra Costa County and further requests County participation
under Rule 20A for utility conversions. (Exhibit "B").
The City of Martinez has obtained written consent to participate from four of the five
affected property owners in the unincorporated area, and has obtained verbal agreement
from the fifth property owner to participate in the district. (Exhibit "C").
This Board hereby grants jurisdiction to the City of Martinez for the unincorporated area
as delineated in the map and legal description marked Exhibit "A" for the purpose of utility
undergrounding and conversion of overhead service to underground service for the
affected properties.
This Board further agrees to participate, under Rule 20A for utility conversions, in the City
of Martinez Utility Undergrounding District 1996-1. The estimated cost to the County's
Rule 20A Fund is $55,000. Final construction costs may vary from this amount.
PHIL BATCHELOR,Clerk of the
Board of Supervisors and
County Administrator
cz� e 1 )9 1-
Deputy Clerk
"DeputytyClerk
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Orig.Dept.: Public Works Depart.(TE)
Contact: Francis Lee (510) 313-2280
cc: County Administrator
Auditor-Controller
PW Accounting (PW)
Mr.Joe Enke, Project Manager, City of Martinez, 525 Henrietta Street, Martinez, CA 94553
RESOLUTION NO. 97/ifi6 _
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Exhibit A
LEGAL DESCRIPTION
PROPOSED ADDITION TO UNDERGROUND UTILITY DISTRICT
AREA WITHIN CONTRA COSTA COUNTY
REAL PROPERTY, SITUATED IN CONTRA COSTA COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTI-IWF.ST CORNER OF LOT 2, BLOCK 1, MAP OF MARTINEZ
LAND COMPANY TRACT NO, 1,RECORDED SEPTEMBER 13, 1915 IN BOOK 14 OF
MAPS,PAGE 282 OF OFFICIAL RECORDS ,CONTRA COSTA COUNTY;
THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT 2, AND THE
SOUTHERLY LINES OF LOT 3,LOT 4,LOT 5,AND LOT 6 OF SAID BLOCK 1 (14 M
282), 230 FEET MORE OR LESS TO THE WEST RIGHT OF WAY LINE OF POTTER
STREET;
THENCE NORTHERLY, ALONG SAID WEST LINE, 104 FEET MORE OR LESS;
THENCE EASTERLY,DEPARTING SAID WEST LINE OF POTTER STREET,40 FEET
MORE OR LESS TO THE FAST RIGHT OF WAY LINE OF POTTER STREET;
THENCE NORTHERLY AND EASTERLY,ALONG SAW RIGHT OF WAY LINE ALONG
THE ARC OF A 20 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, 35 FEET
MORE OR LESS TO THE SOUTH RIGHT OF WAY LINE OF PACHECO BOULEVARD;
THENCE EASTERLY, ALONG SAID SOUTH LINE OF PACHECO BOULEVARD, 103
FEET MORE OR LESS;
THENCE NORTHERLY,DEPARTING SAID SOUTH LINE, 80 FEET MORE OR LESS TO
A POINT ON TIME NORTH RIGHT OF WAY LINE OF PACHECO BOULEVARD, SAID
POINT BEING ON THE EAST LINT:OF THE,PARCEL OF LAND DESCRIBED IN THE
DEED RECORDED OCTOBER 8, 1965 IN BOOK 4969, PAGE 503 OFFICIAL RECORDS,
CONTRA COSTA COUNTY;
THENCE NORTHERLY,ALONG SAID EAST LINE(4969 OR 503), 91 FEET MORE OR
LESS TO THE NORTH LINE OF SAID PARCEL(4969 OR 503);
THENCE WESTERLY,ALONG SAID LINE, 75 FEET MORE OR LESS TO THE EAST
LINE OF DONALD AVENUE;
THENCE SOUTHERLY,ALONG SAID EAST LINE OF DONALD AVENUE, 75 FEET
MORE OR LESS;
b0' d VTO' ON TS: 8T �610T Eli ZSZO-7,�-2-OTS . QI 23NIi�HW d0 Ai I7
Exhibit A
THENCE WESTERLY, DEPARTINO SAID EAST RIGHT OF WAY LINE, 40 FEET MORE
OR LESS TO A POINT ON THE WEST RIGHT OF WAY LINE,OF DONALD AVENUE,
SAID POINT BEING THE BEGINNING OF A 20 FOOT RADIUS CURVE CONCAVE TO
THE NORTHWEST;
THENCE SOUTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, 28 FEET
MORE OR LESS TO THE NORTH RIGHT OF WAY LINE OF PACHECO BOULEVARD;
THENCE WESTERLY, ALONG SAID NORTH RIGHT OF WAY LINE, 85 FEET MORE OR
LESS TO THE MARTINEZ CITY LIMIT LINE;
THENCE SOUTHERLY, ALONG SAID CITY LIMIT LINE, 75 FEET MORE OR LESS TO
THE SOUTH RIGHT OF WAY LINE OF PACHECO BOULEVARD;
THENCE WESTERLY,ALONG SAID SOUTII RIGHT OF WAY LINE, 215 FEET MORE
OR LESS TO A POINT ON THE WEST LINE OF SAID LOT 2 (I4 M 282);
THENCE SOUTHERLY,ALONG SAID WEST LINE OF LOT 2 (14 M 282), 130 FEET
MORE OR LESS TO THE POINT OF BEGINNING.
SO' d bI0' ON ZS: 8I a6, 0I Had LSZO-'L2-OIS : QI 73NIi�HW d0 Ai I3
Exhibit B
RESOLUTION NO. 146-96
REQUESTING CONTRA COSTA COUNTY BOARD OF SUPERVISORS
TO GRANT JURISDICTION AND TO PARTICIPATE IN
UNDERGROUNDING DISTRICT 1996-1 ON PACHECO BOULEVARD
WHEREAS, the City of Martinez desires to undertake proceedings
for the Utility Undergounding District, 1996-1 on Pacheco
Boulevard; and
WHEREAS, some of the areas where facilities are contemplated are
in the Contra Costa County right of way jurisdiction; and
WHEREAS, the City of Martinez desires the County to participate
in the Utility Undergrounding District 1996-1 for that portion
within the County' s right of way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Martinez hereby requests the Contra Costa County Board of
Supervisors to grant to the City of Martinez jurisdiction to
proceed with the project and work in the areas of the County' s
right of way, and further requests the Board of Supervisors to
approve County participation under Rule 20A for utility
conversions in the portion of the project attributable to the
County right of way.
I HEREBY CERTIFY that the foregoing is a true and correct copy of
a resolution duly adopted by the City Council of the City of
Martinez at a Special Meeting of said Council held on the 11th
day of December, 1996, by the following vote:
AYES: Councilmembers Farley, Ross, Schorder, Vice Mayor
Woodburn and Mayor Menesini
NOES: None
ABSENT: None
RICHARD G. HERNANDEZ , CITY CLERK
�,
By: l (G --v� &
Mer G. Cabral
Deputy ity Clerk Pro Tem
City of Martinez
Exhibit C
TO: Francis Lee, Engineer
Contra Costa County Public Works
c/o City of Martinez
525 Henrietta Street
Martinez, CA 94553
CONSENT TO PARTICIPATE IN RULE 20A UTILITY DISTRICT
IIWe the undersigned property owners of W. A. Thomas Co. , Inc.
have no objections to being included in the proposed Rule 20A Underground Utility District on
Pacheco Boulevard between Bush Street and Donald Avenue. It is understood that the property
owner is responsible for the cost of converting the existing utility service panel to receive the new
underground utility service. No other additional costs are expected.
BY: Russell Staines, President
print 1�n�G/ "er
F- J DATE: January 10, 1997
signature
BY: Albert Phelan, Secretary
prmte E2��--L
. DATE: January 10, 1997
gna
Exhibit C
TO: Francis Lee, Engineer
Contra Costa County Public Works
c/o City of Martinez
525 Henrietta Street
Martinez, CA 94553
CONSENT TO PARTICIPATE IN RULE 20A UTILITY DISTRICT
[/We the undersigned property owners of ~ -;;76"
have no objections to being included in the proposed Rule 20A Underground Utility District on
Pacheco Boulevard between Bush Street and Donald Avenue. It is understood that the property
owner is responsible for the cost of converting the existing utility service panel to receive the new
underground utility service. No other additional costs are expected.
BY: L ko
print /` e
DATE: l 3
sr afore
BY:
print name
DATE:
signature
Exhibit C
TO: Francis Lee, Engineer
Contra Costa County Public Works
c/o City of Martinez
525 Henrietta Street
Martinez, CA 94553
CONSENT TO PARTICIPATE IN RULE 20A UTILITY DISTRICT
I/We the undersigned property owners of �2 y/ r �.� 3/von
have no objections to being included in the proposed Rule 20A Underground Utility District on
Pacheco Boulevard between Bush Street and Donald Avenue. It is understood that the property
owner is responsible for the cost of converting the existing utility service panel to receive the new
underground utility service. No other additional costs are expected.
BY: 11,14
(7 /V
print_ ame
1^ / DATE: A - /0 g 7
signature
BY:
print name
DATE:
signature
Exhibit C
TO: Francis Lee, Engineer
Contra Costa County Public Works
c/o City of Martinez
525 Henrietta Street
Martinez, CA 94553
CONSENT TO PARTICIPATE IN RULE 20A UTILITY DISTRICT
IlWe the undersigned property owners of Gt- (� ?..� IF
have no objections to being included in the proposed Rule 20A Underground Utility District on
Pacheco Boulevard between Bush Street and Donald Avenue. It is understood that the property
owner is responsible for the cost of converting the existing utility service panel to receive the new
underground utility service. No other additional costs are expected.
BY: i 6� 1 7"-
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DATE:
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BY:
print name
DATE:
signature
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Exhibit C
City of Martinez
W
526 t tiavlc:ua street, Martinez, CA RMri57-2394
rR To`
MFMORANDUM
Date: February 10, 1997
To: Francis Lee,Frigineer
Contra Costa County Public Works
Via FAX 313-2333
From: Joe Enke, Project Manager Q
Pacheco Boulevard improvements Project
City of Martinez
Subject: Rule 20A Underground District
Pacheco Boulevard
Property Owners' Consent to Participate
As we discussed last week, the City has obtained signed letters of consent from four of the five
affected property owners. Copies of these were transmitted to you last week. City staff has met
with the fifth property owner,Edward Madrid,on two occasions,January 24 and February 6,
1997. Mr. Madrid is the owner of 2372 Pacheco Boulevard(A.P.N. 375-011-012). The
following items were discussed:
• Mr. Madrid agreed that the roadway and undergrounding projects on Pacheco Boulevard
will improve the corridor,
• The scope of the required electrical work on his building and the estimate from Hal
Pierce Electric were reviewed. Mr. Madrid felt the estimate was too high($786),and that
he would contract with his own electrician for the required work.
• Mr, Madrid declined to sign the "Consent to Participate" form. He said that if we had the
support of the other four property owners that his consent was not needed.
Mr. Madrid said he would not oppose formation of the District either at the City or the
County level, 1 told him that if the Board of Supervisors passes the proposed resolution,
the District will be Formed and that at the designated cutover date he will be required to
be ready to accept underground or risk being without electricity. He said that he would
have the work done before the cutover date.
£0' d bTO' oN OS: 81 16, OT Had LSZO-ZZ2-OTS : iII 23NIi�UW d0 AlI3
C.3
TCc BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: APRIL 8, 1997
SUBJECT: Contract Award Recommendation: Shell Avenue Frontage Improvements Project,
Project No. 0662-6R4278-94, Martinez area.
Specific Request(s)or Recommendation(s)&Background&Justification
RECOMMENDED ACTION:
AWARD the contract for furnishing labor and materials for the subject project to Ed Boyan Construction
Company, the low bidder, who has also met the requirements of the County's Minority and Women
Business Enterprise Contract Compliance Program, in the amount of $58,347.79 and at the unit prices
submitted; and REQUIRE the contractor to present surety bonds for Payment and Faithful Performance
in the amounts of $29,173.90 and $58,347.79, respectively.
DIRECT the Public Works Director to prepare the contract for the project.
AUTHORIZE the Public Works Director to sign the contract on behalf of the Board subject to the Director
having reviewed and found sufficient all required documents, including the contract signed by the
contractor, the aforementioned surety bonds, and a certificate of insurance.
AUTHORIZE the Public Works Director to sign any escrow agreements prepared for this project to
permit the substitution of securities for moneys withheld by the County to ensure performance under the
contract, pursuant to Section 22300 of the Public Contract Code.
DIRECT that, in accordance with the project specifications and/or upon the execution of the contract by
the Public Works Director, any bid bonds posted by the bidders be exonerated and any checks or cash
submitted for bid security be returned.
Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public
Contract Code Sections 4107 and 4110 to the Public Works Director or his designee.
Pursuant to section 6705 of the Labor Code, the Board also DELEGATES to the Public Works Director
or to any registered civil or structural engineer designated by him the authority to accept detailed plans
showing the design of shoring, bracing, sloping or other provisions to be made for worker protection
during trench excavating covered by that section. -
Continued an attachment X vas SIGNATOR ��
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER:
SIGNATURE(S):
ACTION OF BOARD ON: < -C - 9ZAPPROVED AS RECOMMENDED OTHER
VPTE OF SUPERVISORS
UNANIMOUS (ABSENT_)
AYES: NOES:
ABSENT: _ABSTAIN:
Contact: Joseph P. Murphy, (510) 313-2321
Orig.Div.: PW-Const.
cc: County Administration
Auditor-Controller
Public Works;
-Accounting
-Construction,R.Bruno
-Design,V.Germany
-Trans. Eng., H. Ballenger
S.B.E.-
703 Market St.
San Francisco,CA 94103-2514 f hereby certify that this Is a true and emect wpr of
Contractor Bab ot smryh p s entered e ar c ah e�rminuop of tlr
RB:tt
� �RNstard
g:lconst\BO\SAF-B.t4 of Iwnand County A� nirattor
l
Project Name: Shell Ave. Frontage Improvements
Project No. 0662-6R4278-94
Board Date: April 8, 1997
Page 2 of 2
DECLARE that, should the award of the contract to Ed Boyan Construction Company be invalidated for
any reason, the Board would not in any event have awarded the contract to the second listed bidder or
any other bidder, but instead would have exercised its discretion to reject all of the bids received.
Nothing herein shall prevent the Board from reawarding the contract to another bidder in cases where
the successful bidder establishes a mistake, refuses to sign the contract or fails to furnish required
bonds or insurance (see Public Contract Code Sections 5100-5107).
FINANCIAL IMPAC :
The project, including engineering and appropriate overhead charges, is funded by Shell Oil Company
(100%).
REASONS FOR RECOMMENDATION/BACKGROUND:
The plans and specifications were approved and the project advertised for bids by the Board of
Supervisors on February 11, 1997. The bids were received and opened at 255 Glacier Drive, Martinez,
California, on March 18, 1997. The construction bids received were as follows:
1. Ed Boyan Construction Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $58,347.79
2. North Bay Construction, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $63,984.90
3. J.A. Gonsalves & Son . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,078.00
4. Fanfa, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,384.00
5. Bay Cities Paving & Grading, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $68,259.50
6. Joe Carone, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76,331.75
7. Cowan & Thompson Construction, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $78,946.40
8. Vintage Paving Company, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $98,377.15
The Engineer's estimated construction cost was $68,521.00.
C4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/167
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7695, Walnut
Creek area.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 7695, property located in the Walnut Creek area, said
map having been certified by the proper officials;
H. Subdivision Agreement
A subdivision agreement with Robert D. Fenton, 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:
A. Cash Deposit
Deposit amount: $1,350
Deposit made by: R& D Properties
Auditors Deposit Permit No. and Date: 292249 (March 17, 1997)
B. Surety Bond/Letter of Credit
Financial Institution/Bond Company: American Contractors Indemnity Co.
Bond Number and Date: 32542 (March 12, 1997)
Performance Amount: $135,450
Labor & Materials Amount: $67,725
Principal: Robert D. Fenton
III. County Tax
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 1996/97 tax lien
has been paid in full and the 1997/98 tax lien, which became a lien on the first day of
January, is estimated to be$8,600, with security guaranteeing payment of said tax lien
as follows:
A. Tax Surety
Assessors Deposit Permit and Date: 291301 (February 27, 1997)
Amount: $8,600
Paid by/Principal: Old Republic Title
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;
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7695, Walnut
Creek area.
DATE: April 8, 1997
PAGE -2-
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 is also APPROVED.
I tamW w*Md OtY 11 a bee tad tmrlrra OW OF
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Aln
Originator:Public Works(ES) gltH IL B OXELOR,C,..r's-!-!"a DoeM
Contact: Rich Lierty(313-2348)
Of 8upeNlsom and County A.4ministr9tor
D I�
cc Director ofCorunutity Development '�r PAY
Public Works-R.Bruno,Construction Uf
RobertD. Fmton
%R&D Properties
P.O.Box 2173,Walnut Creek CA 94595-0173
D.L.Lowes American Contractors Indertutity Comparry
9841 Airport Blvd.,#1414,Los Angeles,CA 90615
c.5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Completion of Warranty Period and Release of Cash Deposit for Faithful
Performance, Subdivision 7550, Walnut Creek area.
On August 8, 1995, this Board resolved that the improvements in Subdivision 7550 were
completed as provided in the Subdivision Agreement with Paraiso Development Company and now
on the recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards following completion and acceptance; and
IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to
refund the $5,600 cash deposit (Auditor's Deposit Permit No. 182002, dated November 21, 1990)
plus interest in accordance with Government Code Section 53079, if appropriate, to Paraiso
Development Company, pursuant to Ordinance Code Section 94-4.406 and the Subdivision
Agreement.
I terow eafdh Met MN Is e Mas and em ad C71 of
an aeaon taken and entered on the minuW of"dy
DORM Of SOpS/BAItlICCHEN�IS�,Ora onC[`the_d--t3 L own.
ATTESTED:1�ae tC_
PHIL LCfl,CI.' _.ard
of Supmisors and Cuj—'J .n:,tratof
®Y Deputy
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Originator: Public Works(ES)
Contact: Rich Lierly(313.2348)
cc: Public Works -Accounting
-R. Bruno,Construction
Director of Community Development
Paraiso Development Company
P.O.Box 4730,Walnut Creek,CA 94596
Developers Insurance Company ONSCONICO)
P.O.Box 19725,Irvine,CA 92713-9725
Bond No. 2031155
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, Desaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/168
SUBJECT: Approval of the Final Map and subdivision agreement for Subdivision 7456, Alamo
area.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 7456, property located in the Alamo area, said map
having been certified by the proper officials;
H. Subdivision Agreement
A Subdivision Agreement with Blackpointe Homes, 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. Accompanying said
subdivision agreement is security guaranteeing completion of said improvements as
follows:
a. Cash Deposit
Deposit amount: $2,300
Deposit made by: Blackpointe Homes, Inc.
Auditors Deposit Permit No. and Date: DP 4291448 (March 3, 1997)
b. Surety Bond
Bond Company: Developers Insurance Company
Bond Number and Date: 4221325 (February 24, 1997)
Performance Amount: $222,800
Labor& Materials Amount: $112,500
Principal: Blackpointe Homes, Inc.
III. County Tax
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 1996/97 tax lien
has been paid in full and the 1997/98 tax lien, which became a lien on the first day of
January, 1997, is estimated to be $1,800, with security guaranteeing payment of said
tax lien as follows:
a. Tax Surety
Assessors Deposit Permit No. and Date: 292052 (March 12, 1997)
Amount: $1,800
Paid by/Principal: Blackpointe Homes, Inc.
SUBJECT: Approval of the Final Map and subdivision agreement for Subdivision 7456, Alamo
area.
DATE: April 8, 1997
PAGE -2-
IV. Subdivision Agreement Right of Way Landscaping
A subdivision agreement(Right of Way Landscaping) with Blackpointe Homes, Inc.,
subdivider, where by said subdivider agrees to complete all imporvements 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:
A. Cash Deposit
Deposit amount: $1,000
Deposit made by: Blackpoint Homes, Inc.
Auditors Deposit Permit No. and Date: 292080 (March 12, 1997)
B. Surety Bond/Letter of Credit
Financial InstitutionBond Company: Developer's Insurance Company
Bond No. and Date: 430306 S (March 11, 1997)
Performance amount: $41,400
Labor& Material amount: $21,200
Principal: Blackpointe Homes, Inc.
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 the subdivision
agreement (for Right of Way Landscaping) are also APPROVED.
I MnbY aw"Mut dtb to a atn end 1,X aw of
bra d Btaken
and an ona me Eaw �iwwn� a �
ATTESTED: C
PHIL SAT m and County
rt-11'Ami board
01 SuDarvlsOn entl�' Atlminlstrel0r
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Originator.Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: DucctorofConun=ty Development
Public Works-R.Bruno,Caratmction
Blackpointe Homes,Inc.
3000 Citrus Circle,Suite I11,Walnut Creek,CA 94598
Developers Imurance Company
3466 Mt.Diablo Blvd.,Ste. 104,Lafayette,CA 94549
c. 1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 8, 1997 by the following vote;
AYES: Supervisors Rogers, Uilkema, Gerber, Canciainilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Completion of Warranty Period and Release of Cash Deposit for Faithful
Performance, Subdivision 7375, Bay Point area.
On September 20, 1991,this Board resolved that the improvements in Subdivision 7375 were
completed as provided in the Subdivision Agreement with Anchor Drive Associates, A California
General Partnership and now on the recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards following completion and acceptance; and
IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to
refund the$2,300 cash deposit (Auditor's Deposit Permit No. 179559, dated September 26, 1990)
plus interest in accordance with Government Code Section 53079, if appropriate, to Anchor Drive
Associates, A California General Partnership, pursuant to Ordinance Code Section 94-4.406 and the
Subdivision Agreement.
I hereby mray that this IS a true and aaneu of
ggowd action
S Oeevi�►on aerie date shown in���
0
C?�.�., 8 . J� 9 7
t u6gx and Cou�eAdministrataf
q 6uperrWn y
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Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Public Works -Accounting
-R. Bruno,Construction
Director of Community Development
Anchor Drive Associates,A California General Partnership
P.O.Box 5186,Walnut Crack,CA 94596
Developer's Insurance Company
P.O. Box 19725,Irvine,CA 92713-9725
Bond No. 202981S
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier N
NOES: None
Ul
ABSENT: None
ABSTAIN: None
RESOLUTION NO • 97/169
SUBJECT: Approval Subdivision Agreement and Quitclaim Deed of Development Rights to
Theodore and Liane Diaz and Authorize Board Chair to sign on behalf of the County
for MS 32-90, Walnut Creek area.
In late 1996 the County Counsels office reported that the bonding company securing the
improvements for Minor Subdivision 32-90 was no longer acceptable. Therefore, on January 27,
1997, this board exonerated the subdivision agreement for Minor Subdivision 32-90 and accepted a
Grant Deed of Development Rights to guaranty the construction of improvements. The developer
has since been able to secure new acceptable bonding to secure the improvements for Minor
Subdivision 32-90.
The Public Works Director is therefore requesting that this board approve the new subdivision
agreement (and surety) and Quitclaim the development rights back to the developer.
The following documents were presented for Board approval this date:
I. Subdivision Agreement
A Subdivision Agreement with Theodore and Liane Diaz, 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:
A. Cash Deposit
Deposit amount: $1,000
Deposit made by: Theodore Jr. Diaz
Auditors Deposit Permit No. and Date: 216047 (November 6, 1992)
B. Surety Bond
Bond Company: American Contractors Indemnity Company
Bond Number and Date: 33179 (February 18, 1997)
Performance Amount: $25,100
Labor& Materials Amount: $13,050
Principal: Theodore and Liane Diaz
H. Quitclaim Deed
A quitclaim deed in which Contra Costa County remise, release and quitclaim to
Theodore and Liane Diaz the development rights for Parcel A of Minor Subdivision
32-90.
SUBJECT: Approval Subdivision Agreement and Quick Claim Deed of Development Rights to
Theodore and Liane Diaz and Authorize Board Chair to sign on behalf of the County
for MS 32-90, Walnut Creek area.
DATE: April 8, 1997
PAGE -2-
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 the Board chair is AUTHORIZED to sign the Quitclaim
Deed on behalf of the County.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED.
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OrWratun Public Woe"(ES) i peeft eMly Met f*Is e tree emd meet 7Y d
W
Contact: Rich Lierly(313-2348) en elven MUM end Ordained on the minulu p I o
Booed of SWIN} n 00 Use date shown,
ce: Director of CommunityDevelopmrnt ATTESTED: v n.. .�..�.I. x a7
Public Works•R.Bruno,Coratmctlon PHIL SAfCHELCR,C.^r' c
Theodore and Li.Dias it Supentsots and Gountj'_�-strator
2310 Tice Valley Blvd,Walnut Creek,CA 94595 1 /�•/
American Contractors indemnity Company --4epmy
9841 AiryortBlvd.,Ste. 1414,Los Angeles,CA 90045
Bond No. 33179
��tAt�tfnwe
Recordeuatthe request of: CONTRA COSTA Cc Recorder's O fice /a
Theodore/LianeDiaz and STEPHEN L. whjR, coun-y Recoraer
PUBLIC WORKS
After recording return to: DOC - 97-0059354-00
Clerk of the Board Thursday, APR 10, 1997 1-0:40:17
651 Pine St. , Room 106 :RE $0.00; ',
Martinez, CA 94553 Ttl Pd y .00; Nbr-0000030748
lrc/R9/2-10
MS 32-90
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Does hereby remise, release and forever quitclaim to Theodore Diaz and Liane Diaz,
the following described real property in the unincorporated area of the County of Contra
Costa, State of California, being all those rights as described in the Grant Deed of
Development Rights recorded on January 27, 1997, Series #97-014185, Official Records
of Contra Costa County.
CONTRA COSTA COUNTY
Dated April 8, 1997 _
By & �� �� _
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
on April 8, 1997 before me, Phil Batchelor,
Clerk of the Board of Supervisors and County Administrator,
Contra Costa County, personally appeared Supervisor
Marls DeSau_leier .who is personally known to
me(or proved to rr,, on the basis of satisfactory evidence)
to be the person(s)whose name(s) is/are subscribed to the
ww lin 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.
B
e uty Clerk
RF:gpp
g:\realprop\97-3\DE4Diaz.wpd
March 17, 1997
9'7 59354
SUBDIVISION AGREEMENT
(Government Code S66462 and 566463) (� _ p
Subdivision: /NS 32- 90 Effective Date: / fJ(tl l,
Subdivider: r'1R ¢� L..lLlrip, Neta- Completion Period: � y�I/1
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY _SUBDIVIDER
J.Michael Watford,Public Works Director
By: i, I I l tiA t Y U— s ��Ltl�rlCJ�z'L�
RECOMMENDED FOR APPROVAL
j
BY "L - vP \j
�mivsion
APPRr
FORM J.Westman,County Counsel
(NOTE: All signatures to be acknowledged If Subdivider is incorporated,sig.
natures must conform with the designated representative groups pursuant to Cor-
poratiom Code 5313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County",and the above-mentioned
.- Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street tights,
fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as
reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including
future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required
by the California Subdivision Map act(Goveminent Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction
practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict
between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Cede,provide as security to the County:
A. For Performance and Guarantee: $ 1000 " cash,plus additional security,in the amount of$ which together
total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
�l Acceptable corporate surety band.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of O 50. ,which is fifty percent(50%)of the estimated cost of the work. Such
security is presented in the forth of.
_ Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor
or materials to them or to the Subdivider.
C. 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 S94-4.406 and 5944.408 of the Ordinance Code.
4. GUARANTEE 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 atter the Board of Supervisors accepts the work as complete in accordance with Article 964.6,
"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 ESTABLISHIvtENT WORK Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment 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. IMPROVEMENT PIAN WARRANTY. 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.
NO Wiu vTiFUY CGUNTY. inspeeiion of the work and/or materials,or approval of work andior 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.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
officers,agents,and employees. .c
B. The liabilities 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 actions causing liabiliri 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-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work 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 misconduct of any Indemnity.
9, COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. SURVEYS. Subdivider shall set 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. NON-PERFORMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent
extensions,o: fails to maintain tl,c work,the County array proceedlo complete and/or rnam'sin the work by conuact or oiirc:wise,and Subdivider agrees to
pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,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 costs incurred in completing or maintaining 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. INCORPORATION/ANNEXATION. 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,the 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. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision.
g��c,,ngsvcA.m \,g&.m g M
Reraed Octabe�ta,€4ss.
ALL-PURPOSE ACKNOWLEDGEMENT
State of California 97 59
Countyof Contra Costa
On 2/06Z97 before me, Sandra T Fvansnn (here insert
name and title of the officer),personally appeared Thoodor_e x T i a n.c, n i a^ ,personally
known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/=subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacityf es),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.
WITNESS my hand and official seal.
�° ,> " tVslvsc,'ra
Signature _ (Seal) r
ATTENTION NOTARY:Altha9h the Information requeatod below Is OPTIONAL,Mcould prevent fraudulent anachmni of this mrttflate tO+ Mrdawmenl
THIS CERTIFICATE Tifle or Type of Document Subdivision Agreement
MUST BE ATTACHED one (1) Date ofDocumant 2/06/97
TO THE DOCUMENT Number of Pages
DESCRIBED AT RIGHT:
Signer(s)Other Than Name Above None
SV 9717 492
FROM BLUEPRINT PHONE NO. : O Feb. 04 1997 02:47PH P2
97 59354
Subdivision MS 32-90
Bond No. 33279
IMPROVEMENT SECURITY BOND
Premium: $753.00/1st year
FOR SUBDIVISION AGREEMENT $377.00 thereafter
(Performance, Guarantee and Payment)
(Calif. Government Code. SJt6649Q-66499.101
I. RECITAL OF _SUBDIVISION AGR_ EEMENT. IThe Principal has executed an agreement
with the County to insto I and payor Street, dra'i—nage, and other improvements in Subdivision
MS 32-90 , as specified in the Subdivision Agreement, and to complete said
work withIn the tima specified for completion in the Subdivision Agreement, all in accordance
with State .and local laws and rulings thereunder in order to satisfy conditions for filing
of the Final Map or Parcel Map for said Subdivision.
2, 090GATION. Theodore Diaz and Liane Diaz
a5 Principal, and American Contractors Indemnit om an ,
a corporation organized ex s ng under a laws a e a e o a 1 ornia
and authorized to transact surety business in California, as Surety, era y o n y and
severally bind ourselves, our heirs, executors, 'administrators, successors, and assfgnt
to the County of Contra Costa, California, to pay it:
IA, Performance & GuaranteBl Twenty Five Thousand One Hundred
and NO/100-----------------------Dollars 25 10 .00---- pj-��
------
or an,Y C y-ass ggnee un er e a ove aunty Subdivis on Agreement,, p us
(B. Payment) Thirteen Thousand Fifty and No/100-------------
-------------------------------- o ars TS 13 OS ---�
0---- }moo—secvre
t claims o Mch re erence s ma a in Title XV tQgmmenCing With eC on 0821 of part
4 of Division III of the Civil Code of the State of California,
3. CONDITION. This obligation is subject to the condition set forth on the
reverse side here .
SIGNED AND SEALED on February 18 , 1997
Principal: Theodore Diaz and Liane Diaz Surety: American Contractors Tndemnity
Address; 2310 TiceyaiiCompany
^Valley, Address: 9841 Airport Blvd. STE 1414
Lafayette CA ip 9 5 9 Los geles , CA Z�7 90045
Print Name;Tf{ -0/Yj i I' .3£Yf rant N Nancy L. Wallis
Tule: �'}CQ>JJ�eS Title: Attorney—in—Fact
f
FROM BLUEPRINT PHONE NO. : 0 Feb. 04 1997 02;47PN P3
vLI CSO
3. CONDITION.
A. The Condition of this obligation as to Section 2. (A) above is such
that if the above bounded principal , his or its heirs, executors, administrator$, successors
or assigns, shall in all things stand to and abide by, and well and truly keep and perform
the covenants, conditions and provisions in the said agreement and any alteration thereof
made as therein provided, on is or. Its part, to be kept and performed at the time and
in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),
its officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect. A
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing
such obligation, all to be taxed as costs and included in any Judgement rendered,
S. The condition of this obligation as to Section 2, (8) above is such that
said Principal and the undersigned as corporate surety are held firmly bound unto the
County of Contra Costa and all contractors, subcontractors, laborers, materialmen and
other persons employed in the performance of the aforesaid agreement and referred to in
the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amount not exceeding the amount hereinabove set forth,
and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, to he
awarded and fixed by the Court, and to be taxed as costs and to be included in the Judgment
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so
as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification
of said work agreed to by the principal and the County shall relieve any Surety from liability
on this bond; and consent is hereby given to make such alterations without further notice
to or consent by Surety; and the Surety hereby waives the provisions of Calif, Civil Code
52819, and holds itself bound without regard to and independently of any action against
Principal whenever taken.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
9'7 59354
r�� Stateof California v
1
Y County of Sonoma
,r
�t February 18 , 1997
On before me, Pamela D. Puskarich, Notary Public
Date Name ono Tib of O6ker(s.g..'Jaro Doe.Notary PuoIKI
i personally appeared Nancy L. Wallis
Name(s)of sq"r(s)
ty :9 personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the persons)
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,
^' PAMELA D.PUSKARICH
i COMM.#1067703 ; executed the instrument.
(,Y NOTARYNOMA COCALIFORNIA 0
WITNESS my hand and official seal. a+
ji My comm.Expires Aug.3,1999
t Slgrmmas of Notary Puefc n!
{� oprIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
1 fraudulent removal and reattachment of.this form to another document �-
Description of Attached Document
�$ Title or Type of Document:
Subdivision Bond No. -33179 , 2 pages, POA 1 .page
Notary 1 page 1"
Document Date: February 18 , 1997 NumberofPages: 134 total
\t
\j Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Nancy L. Wallis Signer's Name:
❑ .Individual _7 Individual
,❑ Corporate Officer ❑ Corporate Officer - �+
Title(s): Title(s):
❑ Partner—❑ Limited ❑`General ❑ Partner ❑ Limited q General
S: Attomey-in-Fact ❑ Attorhey-ih-Fact
::1 Trustee Trustee
Guardian or Conservator - Guardian or Conservator
.:.i Other: Top of thumb here Other. Top of thumb here
v Signer Is Representing: Signer Is Representing:
Y
? ACZC �t
0 19W Nalm NotaryAaaxarmn•8236 R�Ave.,P.O.Boz 7184•Car,oge Park CA 91309.71" Protl.No.5907 Reorder Call W-Fr"1-900,976-M7
A 97 59354
AMERICAN CONTRACTORS INDEMNITY COMPANY
Los Angeles,Californta
POWER OFATTORNEY
KNOW ALL MEN13Y TIIESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California
Corporation(thc'Cgrnpuny').and having its principal office In Los Angeles.California does hereby constitute and appoint:
Nancy L. Wallis of Santa Rosa, California
as its true and lawful Attorney(s)-indad, in amount of;-L,2QQ•rDpa-11pto execute,seal and deliver for and on its behalf as
surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory In the nature
thereof,which are or may be allowed, required or permitted by law,statute, rule, regulation,contract or otlierwise,and the
execution of such Instrument(s) In pursuance of these presents, shall be as binding upon the said AMERICAN
CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes. as if the same had been duly
executed and acknowledged by its regularly elected officers at Its principal office.
This Power of Attorney is executed.-and may be certified to and may be revoked, pursuant to and by authority of resolutions
rr adopted by the Board of Directors of AMERICAN CONTRACTORS 114DEMNIW COMPANY.-at a meeting called and held on
the 8th day of December, 1990.
RESOLVED that the Chief Executive Officer,President or any Vice President.Executive Vice President.Secretary or Assistant
Secretary.shall have power and authority. ,
1. To appoint Atforney(s}in-fact and to suilioriste them to execute on behalf of file Company,"attach the Seal of the Company
therefor,bonds and undo takity¢.contracts of Indemnity and other writings obligatory in the nature thee reed and,
2. To remove,at anytime,any such Attorney-in-tad and revoke Ric authority given.
RESOLVED FURTHER. that the signature of such officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating therto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or faesmile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond
or undertaking to which it is attached. '
IN WITNESS WI[EREOF.AMF RICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and
19 Gprporate seat to be affixed by its authorized officer this I day of March
_700 ��,c)t,�•/y` AMERICA O 't 1'ORS INDE.MNITYCOMPANY
F
a 1U s B _
WT.26,ism Skipper G. Baumgarten, 1'resideni
STATEOFCALIFORNIA fFD �•
COUNTY OF LOS ANGELES
On March 1, 1996 beforeme, Deborah Reese .personally appeared Skipper G. Baumgarten
Arsonallyknown tome-OR-0 proved tome on the basis of satisfactory evidence to be the person(s)whose name(s)Ware
subscribed to the wfill in instrument and acknowledged tome that he/she/they executed the as me in his/her/their authorized
capacity(ics), and that by his/tier/their signature(s)on the instrument the person(s), or the entity upon behalf of which the
ltarson(s)acted,executed file instrument.
WITINF.SS it y hand and official seal.
DEBORM RM
/ WhMv
OMM.I odew
taotory Public—Cas(mnio
tOS AhtlCniks COUNTYClttT[FICA"1'lON Comm.£mites JAN 16- 19" �
i, the undorsiy+ttetl ufficer of"FRICAPI CONTRACTORS INDEINNTIY COMPANY do hereby certify that I have compared the
foregni rig copy of the Power cat Attorney and affidavit,and the copy of The resolution adopted by the Board of Directors of said
Company as sat forth in said Power of Attorney, with the ORIGINALS ON FILE. IN TilE IIOMF OFFICE OF SAID COMPANY.
arid that snare are correct transcripts thereof arid of the whole of the said originals, anti that the said Power of Attorney has
nut been rcvokvd and is now fu full force and effect.
INTH.ylIMOM'WIIERIiOF. Irave Itcruntoset rnyfill tit tlhis_____18th-__ day of,
Assistant in
.•.ni:� QSgi- to
c. R
Recorded at the request oft CONTRA COSTA Co Recorder's Off ice
com,aco"county STEPHEN L. WEIR, County Recorder
Return to:
runfiownSe ono,eotFmpwmes DOC — 97-0059332-00
Thursday, APR 10, 1997 10:28:04
FRE $0.00; ;
Ttl Pd $0.00 Nor-0000030737
lrc JR9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/171
SUBJECT: Completion of Improvements, Road Improvement Agreement for Land Use Permit
2056-90, Martinez area. (APN 377-190-007)
The Public Works Director having notified this Board that the improvements for LUP 2056-
90 have been completed as provided in the Road Improvement Agreement with Bay Area/Diablo
Petroleum Company heretofore approved by this Board;
NOW THEREFORE BE IT RESOLVED that the aforementioned improvements are
ACCEPTED as complete and the Public Works Director is AUTHORIZED to refund to Bay Area/
Diablo Petroleum Company the $1,208 deposited as security under the Road Improvement
Agreement (as evidenced by Auditor's Deposit Permit No. 184828, dated January 24, 1991) plus
interest in accordance with Government Code Section 53079, if appropriate;
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of April 8, 1997(for Gen purposes only)thereby establishing the six-month terminal period for the
filing of liens in case of action under said Road Improvement Agreement:
DATE OF AGREEMENT SURETY
February 12, 1997 Fireman's Fund Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$60,400, Bond
No. 1112 7114 756 issued by Fireman's Fund Insurance Company be RETAINED for the six month
lien guarantee period until October 8, 1997, at which time the Clerk of the Board is AUTHORIZED
to release the surety less the amount of any claims on file.
C�
SUBJECT: Completion of Improvements, Road Improvement Agreement for Land Use Permit
2056-90,Martinez area. (APN 377-190-007)
DATE: April 8, 1997
PAGE -2-
BE IT FURTHER RESOLVED that the widening of Pacheco Boulevard is ACCEPTED and
DECLARED to be a County road,the right of way was conveyed by separate instrument, recorded
on April 19, 1971, in Book 53 of LSM on Page 37.
BE IT FURTHER RESOLVED that the warranty period requirement has been satisfied.
InnM ash eld er M a Imp■d canal mq of
r+ W" am en e" on a» MWM tl"b
Rl XFd. Dowd d SUPW—A8eei aq�pts auto oto"..
Oengsvcwouw4-e gyp, l"EL K
C t*d: P is Wodm(ES) pSu giEand Gunk cf tin tstro
CwMcl: Rich Limy(313.1348) d BtlpxMrtM 4tW County AaminlstnMX
er. Public Wake -Accmmin8
-R.$taw.Construction -a""'/ DOW
-Mafntenantt(w/Plat) ey
Rcc~via(Ck+k),thm PUBLIC WORXS DEPARD&WTE"Fwr *Saviae
CSAA.C"
CHP,c/o AI
SherifiPatrol Div.Commania
Bry Ama0tablo Petralemn Co ttpmy
3930 PacbmMva,Mut=z CA 94533
Firs wi a Fund Itnmwwc Cmnpwry
P.O.Box 193130 SoFlmcix CA 94119.3136
Boat No, 11127114736
Independent Cmm KUon
P.O.Bax 3307,Concord CA 94324
c jiq
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Ratify previous pertnission by the Public Works Director to completely close
a portion of Empire Avenue,for the purpose of installation of pipeline for the
City of Brentwood, Oakley area, (RC-97-8)
The Public Works Director having reported that prior approval has been granted to to D.R.
Lemings Construction completely close Empire Avenue from Laurel Road to Neroly Road, except
for emergency traffic, on March 24, 1997,through May 2, 1997, subject to the following conditions:
I. Traffic will be detoured via neighboring streets as per plan accepted by Public Works.
2. All signing to be in accordance with the State of California Manual of Traffic Controls.
3. D.R. Lemings Construction shall comply with the requirements of the Ordinance Code of
Contra Costa County.
4. Provide the County with a Certificate of Insurance in the amount of $1,000,000 for
Comprehensive General Public Liability which names the County as an additional insured
prior to permit issuance.
5. Obtain approval for the closure from the Sheriffs Department, the California Highway Patrol
and the Fire District.
IT IS BY THE BOARD ORDERED that the action taken by the Public Works Director is
approved.
tavw W*met Eat is e wo and correctof
eaEon uken end eMerad on the MInuMl of tlM
BOaiE d s,"msors on t- a data•"n.
j—W. e board
XMSTT --y
PHiLB Tr )j
GHFS C:'t,',
of S'p"Itora ON uv:ntt-._:vristceia'
RH:mw
g:\engsvc\bo\bo4-8
Originator: Public Works(APC)
Contact: Robed Hendry(646-1607)
cc: CHP
Sheriff-Patrol Div.Commander
c.,1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Adopt resolution granting consent to conduct assessment proceedings, Alamo area.
ADOPT attached Board Resolution consenting to the formation of assessment District No.
1 (C.A.D.No. 1) to be known as Gary Way Contractual Assessment District No. 1 (C.A.D. No. 1)
by Central Contra Costa Sanitary District.
DIRECT the Clerk of the Board to transmit certified copy of this board order to Central
Contra Costa Sanitary District.
1 hen by car*that this Is a true and oorraut Copy of
ozgota'.`. and
fn Supee� arra on t <+
AMSTED:LS,� A[ It N I /-
PHII. CHEZ-..; :'.nard
of SuDervison-.�.,_ _..,�;:.,;istratar
RL:mw 17� �tJ.{'ir.LCaPM
g:\engsvc\bo\bo4-8
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: M. Avalon,Engineering Services
B. Famone,Engineering Services
DRAFT
RESOLUTION NO. 97/172
RESOLUTION GRANTING CONSENT TO
CONDUCT ASSESSMENT PROCEEDINGS
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 1 (C.A.D. NO. 1)
The Board of Supervisors of the County of Contra Costa resolves:
The Central Contra Costa Sanitary District has submitted, to this Board of Supervisors, a
Resolution of Intention to order improvements and levy contractual assessments within a
contractual assessment district to be known as Gary Way Contractual Assessment District No.
1 (C.A.D. No. 1), together with an adopted boundary map of the proposed assessment district.
All of the land to be assessed lies within the territory of this County of Contra Costa.
This Board of Supervisors hereby consents to the formation of this assessment district and to the
work described in the proposed Resolution of Intention, a copy of which is attached to this
resolution as Exhibit A.
This Board of Supervisors consents to the assumption of jurisdiction by the Central Contra Costa
Sanitary District, with the understanding that the Board of Directors of the Central Contra Costa
Sanitary District may hereafter take each and every step required for or suitable for
consummation of the work and levying, collecting and enforcement of the assessments to cover
expenses thereof.
EXHIBIT A
I RESOLUTION NO. 96-148
RESOLUTION OF INTENTION TO ORDER A DEMONSTRATION PROJECT FOR
IMPROVEMENT IN GARY WAY CONTRACTUAL ASSESSMENT DISTRICT (C.A.D. NO. 1)
WHEREAS the public health will be best protected by the elimination of failing
septic tanks located within the District boundaries; and
WHEREAS the construction and installation of a sanitary sewer pipeline, together
with appurtenant work and facilities, in areas not presently connected to the sewer
system will facilitate the elimination of failing septic tanks; and
WHEREAS a demonstration project designed to facilitate said elimination of failing
septic tanks is presently being considered; and
WHEREAS it would be convenient and advantageous to establish a boundary
around an area within which the District and property owners may enter into contractual
assessments and make arrangements to finance public improvements to parcels which are
developed and where the costs and time delays involved in creating an assessment district
pursuant to alternative provisions in the law would be prohibitively large relative to the
cost of the improvement.
HAJAMESOLCAD.WPD
THEREFORE, the Board of Directors•of the Central Contra Costa Sanitary District
resolves:
1 . This Board intends to order the following improvement under the authority
of the Municipal Improvement Act of 1911, to wit: Construction and
installation of approximately 800-linear feet of sanitary sewer line, together
with appurtenant work and facilities located at Gary Way in Alamo,
California.
2. This Board finds that the land specially benefitted by the improvement is
shown within the boundaries of the map entitled, "Proposed Boundaries of
Gary Way Contractual Assessment District (C.A.D. No. 1)."
3. This Board intends to levy a special assessment upon the land within the
described district in accordance with the special benefit to be received by
each parcel of land, respectively, from the improvement. There shall be
omitted from special assessment all public streets, alleys, and places.and all
land belonging to the United States, the State of California, the County of
Contra Costa, and this District now in use in the performance of a public
function.
4. Where any disparity occurs between the improvement and the effect on the
improvement on private property, this Board determines that it is in the
public interest and more economical to eliminate the disparity by doing work
H:WA11RESOLCAD.WPD 2
1• on the private property, instead of adjusting the work on public property.
Accordingly, work may be done on private property for this purpose with
the written consent of the landowner.
5. This District will finance the improvements from the Sewer Construction
Fund. This District will finance unpaid assessments over a maximum period
of ten (10) years with interest at a rate to be fixed by the District.
6. The procedure for the collection of assessments will be the placement of
asseskments on property owner's tax bills. The first assessments will be
placed on owner's tax bills in fiscal year 1997 - 98.
7. This Board appoints Jay McCoy, Infrastructure Division Manager, as
Engineer of Work for this project, and directs the preparation of the report
required by Section 5989.22 of the Streets and Highways Code.
8. The amount of any surplus remaining in the improvement fund after
completion of the improvement and payment of all claims shall be
distributed in accordance with the provisions of Section 10427 of the
Streets and Highways Code.
9. A public hearing shall be held on this matter within ninety (90) days of the
adoption of this resolution. Notice of said hearing will be given at least
twenty (20) days prior to the hearing.
H:\JAY\RESOLCAD.WPD 3
\• PASSED AND ADOPTED this 17th day of October, 1996, by the Board of Directors
of the Central Contra Costa Sanitary District by the following votes:
AYES: Members: Boneysteele, Hockett, Rainey, Menesini
NOES: Members: None
ABSENT: Members: Dalton
Mario M. Menesini
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
C2 lr
Jo c EU Murphy
Secrdtary, Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Kenton L. Alm,
District Counsel
H:WAY\RESOLCAD.WPD 4