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HomeMy WebLinkAboutMINUTES - 07141998 - C19-C23 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 14, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Completion of Warranty Period and Release of Cash Deposit for Faithful Performance, Subdivision 7898, Alamo area. On June 10, 1997, this Board resolved that the improvements in Subdivision 7898 were completed as provided in the subdivision agreement with Mardel LLCand now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for one year after completion and acceptance; and IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to: • Refund the $2,200 cash deposit(Auditor's Deposit Permit No. 263473, dated July 3, 1995) plus interest in accordance with Government Code Section 53079, if appropriate, and Ordinance Code Section 94-4.406 to Mardel LLC. NOW THEREFORE BE IS RESOLVED that the warranty period has been completed and the subdivision agreement and surety bond are exonerated. RL:mw G:\GrpData\EngSvc\BO\BO 7-14-98.doc Originator: Public Works(ES) I hereby certify that this is a true and correct Contact:Rich Lierly(313-2348) copy of an action taken and entered on the cc: Public Works Tax I.D.68-035 3941,Accounting minutes of the Board of Supervisors on the R.Bruno,Construction date shown. Current Planning,Community Development " I L f 1 Mardel LLC ATTESTED: �v 2552 Stanwell Drive,Suite 203,Concord,CA 94520 PHIL BATCH LOR Clla�rk of the Board of Supervisors andCo my Administrator Byi Deputy 0,zo THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 14, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98/380 SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision MS 50-90, Walnut Creek area. The following document was presented for Board approval this date: A substitute subdivision agreement with DeNova 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. Said document was accompanied by the following: Security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit(Auditor's Deposit Permit No. 315778, dated June 24, 1998) in the amount of$1,000, made by DeNova Homes, Inc. b. Additional security in the form of a corporate surety bond dated June 18, 1998, and issued by American Contractors Indemnity Companyy(Bond No. 35388)with DeNova Homes, Inc., as principal, in the amount of'$32,800 for faithful performance and$16,900 for labor and materials. All deposit permits are on file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that said substitute subdivision agreement is APPROVED. BE IT FURTHER RESOLVED that the subdivision agreement with Juan Sergio Lub, as approved by the Board on October 17, 1995, is TERMINATED, the improvement security bond with Indemnity Company of California is EXONERATED and the Public Works Director is AUTHORIZED to refund the cash deposit(Auditor's Deposit Permit No. 266625, dated September 11, 1995) in the amount of$1,000, plus interest in accordance with Government Code Section 53079, if appropriate, to Juan Sergio Lub. RL:JD:mw G:\GrpData\EngSvc\BG\B0 7-14-98.doc I hereby certify that this is a true and correct Originator:Public Works(ES) copy of an action taken and entered on the Contact: Publich c Works ly 13-2348) Acro minutes of the Board of Supervisors on the cc: Public Works -Accounting -R.Bruno,Construction date shown. Current Planning,Community Development ATTESTS©; r�...(.�l qq DeNova Homes,Inc. H �^. 1849 Clayton Road,Concord,CA 94520-2513 PHIL BATC -L , Clerk of tho Board American Contractors Indemnity Company of Supervisors and untyAdministrator 9841 Airport Blvd.,Ste.1414,Los Angeles,CA 90045 Juan Sergio Lub 1700 Ygnacio Valley Road,Suite 100,Walnut Creek,CA 94598 By � ..k Deputy Indemnity Company of California 17780 Fitch,Irvine,CA 92714 CONTRA COSTA CO Recorde r'� ,; STEPHEN L, 'WEIR, tray Recorders Recorded at the request of: Contra Costa County l �" 9'S—(D Retort} 9'S—(D1 Return t orks Department Thursday, JULt 16, #�,9'�`�' "C?�► Engineering Services ( k( 10119 ,, Tt� pd $6,00 1 rc N r-0000190'784 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on July 14, 1998, by the following vote: APES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 981376 Mrrrw�rrr�rrr��rrrrrwwrrrawrrr�rr.rr�w� SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRT,MENT REFERENCE GRANTOR AREA Offer of Dedication LP952091 John E. Caprio Brentwood for Roadway Purposes (Orwood Road) and Elaine J. Caprio RL:3Lt:nzw G:1GrpData\EngSvc 0\B0 7-14.98.doe Originator: Public Works(ES) Contact: Rich Liedy(313-2348) cc: Recorder(via Clerk)that FW Records Current Planing,Community r}evolopmem I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: �� ��l� PHIL BATCAL0147, Clerk of tnr= Cc ird of Supervisors and 0 nt Administrator By-21t .--4 ,-a _ Deputy Recorded at the request of: L t F Contra Costa County Engineering Services Division Return to: Contra Costa County Public Works Department Records Section Area: Brentwood Road: O rwood Road Co.Road No.: 8963 Permit•. LP 952091 APN: 015-180-001&010 OFFER OF DEDICATION - ROAD PURPOSES AND RELEASING OF ABUTTER'S RIGHTS We, John E. Caprio and Elaine J. Caprio, the undersigned, being the present title owners of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to CONTRA COSTA COUNTY, a political subdivision of the State of California, and its successors or assigns, for street, highway landscaping and other related purposes including maintenance thereof, the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto and do hereby release abutter's rights of access along the described frontage of Orwood Road. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication and releasing of abutter's rights, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned executed this instrument on s- (Ewe). John E. Caprio and Elaine J. Caprio, husband and wife, as joint tuts By: John E. Caprio Elaine J. Capr (see attached notary) 7D:sd:mw 4 C' F RNIA all!.-PU S 11GtSNQW -M State of Ca1.ifornis OPTIONALSECTION Countyaf Contra Costa CAPACITY CAIMEDBY SIGNER On 5-26-`J80eforemea C. Carry Though the t* not require the to cn vai bre to persons>ying on tht �i E o t pemonW appeared John E. & Elaine J. CapriceTom=3WIMM 1XtNDMOUAL CI CORPORATE OFFICER(S) E3 pmon*known to me-OR-M provided to me on the basis of wddacto(y evidence to be the persons)whose name(S)#Aare subscribed to the within Instrument and E3 PARTNER(S) 0 t SRM acknowledged to me that he/she" 0 GENERAL executed the same in h"erAheir 13 ATTORNEYdN-FACT authorized capa*y(ies),and that by Ct TRUSTEE(S) .._. ..._.w._ hisJherAheir signature(s)on the 13 GUARDIA WCONSERVATOR ��-�'� �C.CORRY instrument:the person(s)or the enterer C3 OCHER: =! upon t) COMM *1 OW25 etiatf of which the person(s) Notary Euiic-Cot;c�!n3c� acted,executed the Instrument CONTRA COSTA COUNTY WCTN S m hand and official seat, SIGNER is REPRESENTM- My Coram Expires NOV&1498 ww►�c�rewa�agwe�wmrpaq THIS CERTIFICATE MUST BE ATTACHED OPTIONAL SECTION TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE t.prpiwaMw.w'.e.w MCy.ww ti INSTRI,JC'tIQN$TTO NOTARY The following information is provided In an effort tode processing of the documents. Signatures required on documents must comply with the folkwft to be acceptable to Contra Costa County. 1. , ASL STC S -The name and interest of the signer should be typed or printed BEN BEthe signature. The name must be gT��actly as it is typed or printedd. Il. SIGN6,TURBS F05 IN DUALS-"Tbe name must be signed exactly as k is printed or typed. The signers Interest In the y grape MUSt be staffed. III. SIGt+IATURES f.QR P,Ai t'f'Nl RSIii S-Signing party must be either a general�partner or be authorized In writing to have me authomy to sign for and rims the partnership. IV. SIG TURES FOLZ CORPt3 NS UoCuMents shouldsigned o omoers,one from each of the fallowing two groups: GROUP 1. a The Chair of the Board b The President c Any Viae-president GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the Instrumen#t,a certified copy of a resolution of the Board of Directors autharizing tthe person signing the Instrument to execute Instruments of the type In question Is required. A currently valid power of attorney,notarized,wait suffice. _..._._ ......... ......... ......... ......... ..........._....... Exhibit"A" LEGAL DESCRItI MON REAL PROPERTY in an unincorporated area, County of Contra Costa, State Of California, described as follows: Portion of the Parcel of land described as Parcel One in the deed to John E. Caprio and Elaine J. Caprio recorded April 11, 1994 series No. 94-100584, in the Office of Contra Costa County Recorder,more particularly described as follows: Beginning at the Northwesterly corner of the above mentioned Caprio parcel (94- 100584), running thence easterly and southerly along the exterior boundary of the last mentioned Caprio parcel(94-1010584)the following courses and distances: South 890 11' 52" East, 359.84 feet; thence South 41° 12' 52" East, 33.65 feet; thence South 890 11' 52"East, 697.84' feet;thence South 050 46' 52"East, 51.12 feet; thence leaving the last mentioned exterior line forth 890 11' 52" 'West' 175.39 feet; thence along a tangent curve to the right, having a radiusof 850.00 feet, through an angle of 06° 37' 54" an arc distance of 98.38 feet;thence tangent to the last mentioned curve North 820 33' 58" West, 128.30 feet; thence along a tangent curve to the left, having a radius of 2284.00 feet, through an angle of 06° 37' 54" an are distance of 264.36 feet; thence North 89° 11' 52"West to a point on the Westerly line of Caprio parcel (94-100584) ; thence along the last mentioned line North 00° 55' 08"East, 40.04 feet to the point of beginning. Containing an area of 39,257 sq. ft. more or less. RELINQUISHMENT OF ABUTTERS RIGHT OF'WAY We hereby relinquish any and all abutters right of access to Orwood Road, along the portions of the property line adjacent to Orwood road which are shown on the attached Exh bit`B"thus-Izz 1L . "I N, G' ,. A1- C-2 S ;;. ar�.rr�..ra.wwrr�r... s 4-100 685 06 43 — 18 0 0 APN 0 5 + •�err 2367.1 6152 00 a r4 04 cv W- + Z u7le) 51.12' . Z # �— W C3 cr_0 � �z 06'37'54" w i (L R - 850.00 -� --+ At 0 1* to _L 98.38 ce- J "" � 3 i + 3 CD � ; - ui min Z � °° i 3 o'tycv 08`37`54"(T) l , z to 0 W . 0 wo t) R � 2284.04 � V�GF�Sw���l�r w m i L 264.36 YINe + L 0) C14 C14 zo,5- Li � m ! ` -.+ v p Exp.. OF + 00 O c7 0 c> + 117# i CV- i. .w r.�rrr.r ar rrwr:ar awr 0 0 +*0� 1 tib t„ +jti ; • ¢ cv cv 04 ! w W 1 LLJ 0 0 �-U-) I L' ( CQ � � 40.00' n L— 4wdmwawmlw�w�mj E.B.M.U.D. x.0.3. NOO!55'08"E 325.00' CLEGG \� 5928 OR 640 + rATE CALE 1"=150' ORWOOD RESORT' � FISAIANAi Ct3M1'AN1' INC, ' 12/04/97 R.O.W. DEDICATION w' c+x c st�lsv>rxlxc EXHIBIT ••B•' Y H. N.Is ,1021 BrOWN 4V& YJI�AYCFTft +CA 4460 riS (510)289-6000 FAX (510)96$-36?6 j N0. 97454 I ' 1 11 ......... ......... ... ...... ......... ......... ......... ......... ......._. . ..... ....... ...... ....... ......... ........ ........ ....._....................._.......... CONTRA COSTA Co Recorder's Office Recorded at the request or: STEPHEN L. WEIR, County Recorder Contra Costa County Return to: DOC — 9E3-01 eA4.2iB ---4D Public Works Engineers ServicesS�tces Ott TT�hyu^rsday, JUL 16, 1998 •!�^�-• FRE $0.00; ; Tt' Pd $0.00 Nbr-0000190086 1rc 1R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 14, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 981375 SUBJECT: Approving Deferred Improvement Agreement along Orwood Road for LP952091 (APN 015-180-001 & 010), Brentwood area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with John E. and Elaine J. Caprio, as required by the Conditions of Approval for LP952091. This agreement would permit the deferment of construction of permanent improvements along Orwood Road, which is located west ofBixler Road, Brentwood area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. RL:rnw G:\ftData1HngSvc1B01B0 7-14.9&doc Originator:Public Works(ES) i hereby certify that this is a true and correct Contact: Rich Lierly(313-2348) copy of an action taken and entered on the cc: Recorder(via Clerk)then PW Records minutes of the Board of Supervisors on the Current Planning tommunityDevelopment date shown. Iohrn E.C:apho and Elaine I.Capritl / fC��0 4625 orwood Road.Brentwood,CA 94513 ATTESTED' PHIL BATC EL R, Cierk of the Board of Supervisors and ppunty Administrator By . ��_.�.__.-._Deputy `—Recorded at the request of: Contra Costa County Return to: Public Works Department Engineering Services Division r" Records Section 1.Lt Area: Brentwood Road: Orwood Road Co.Road No: 8963 Project: Permit LP 95'2091 Assessor's Parcel No: 015-180-001 &010 Space above for exclusive use of Retarder. DEFERRED IMPROVEMENT AGREEMENT (Permit: LP 952091) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: J. Michael Walford, Public Works Director John E. Caprio and Elaine J. Caprio, husband and wife, as joint tenants. 1 By: BY ' ohn E. Caprin RECOMMENDED FOR APPROVAL: By: By: L` i Ari g ervices Division Elaine J. Cap o FORM APPR TED: Victor J.Westman, County Counsel (NOTE:this document is to be acknowledged with signatures as they appear on deed of title.) (see attached notary) 1. PARTIES. Effective on ,tite County of Conti-a Costa.hereinafter referred to as"County"and John L Caprio and Maine J.Caprio,husband and wife as joint tens its,hereinafter referred to as"Owner"mutually aarce and promise as follows: 2. PURPOSE. Owner desires to develop the property described in Exhibit "A" attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGREEMENT BIND NG ON SUCCESSORS IN INTEREST. This aarcenient is an instrument affecting the title or possession of the real property described in Exhibit"A".All the terms,covenants and conditions herein imposed are for the benefit of County and the real prop"or interest therein which constitutes the County road and highway system and shall be binding upon and inUFC to the benefit of the land described in Exhibit"A"and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A".the terms of this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city-,Owner,or those who succeed him as owner of the property described in Exhibit'A",shall fulfill all time teens of this agreement upon demand by such city as though Owner had contact with such city originally. Any annexing city shall have all rights of third party beneficiary. CAL&2RNIA 8t..wcrr P=0=S AC ucrvvu Stateof California t'iPTIONALSEC7itN Countyof Contra: Costa CAPACr1YCLAWWBY4R;;NM on 5-26-980eforeme C. Corry Tho+�,rtatuteda�stot r"Ukethe�to o+►x�ru�"Yrrt o .#Am=NNW PUG= v�ar+Miab�re padaft r�crntirrt�ari#iia personagyappeared Sohn E. Caprin and Elaine J. Caprin jWINDMDUAL 0 CORPORATE OFFICER(S) 0 personally known to me-OR-gI provided to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware suubscribed to the withal Wdrument and p PARTNER(S) ©UMITED acknowledged to me that he/sheJthey p GENERAL T executed the same in hhA wrAWr 0 ATTORNEWN.FACT authorized capw;kfes),and that by C•CORRY � hisfier/their signature(s)on the ©GUARpSTE AWNSERVATOR COMM.#1044U5 f WArument the persons)or the entity 0 OTHER: Notary KOC-CaMitoMics upon behalf of which the person(s) COMMA COSIA CC) WY acted,executed the ins#rument my Comm. res NOV C I nd and offrolai seal, SIGNER tS REPRESENTING: trNOTA rY--�` OPTIONAi.SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TM.E OR TYPE OF DOCUMENT NUMBER OF PAGES [TATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE tWigM.w+4rMwM wk++qiw6biw; #wrrrnwr.�W Y#rwsrarwii�lwl. , �ww�++rtwe+dsf+wunt iuwu Ing"= 1w� NSTI2UCTIC3NS T©N{)TARY The folkwAng Information Is provided In an effort to rte processing of th documents. Signatures required on documents mtl�st comply v th the following to be acceptable to Contra Costa County. I. FOR 6LL S11GG The name and interest of the signer should be typed or printed NgM the signature. The name mutt signed exactly as it is typed or printed. It. 61C&8TU ES FORN bU&S_fine name must be signed exactly as it Is printed or typed. The signers interest in the prop" must be stated. Ill. §iGNA'�`�REQ MR�ARTi�JEi��HIPS-Signing patty must be either a gene ral-partner or be authorized In wriiing to have 12 Tk ".s 4 '! f� 'f 49 iS ate authority to sign Tor ane orrw Tne partnership. IV. SIGN TU ES FOR CORPOWXONS Documents ou signed by two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board The President c AnyVice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the Instrument a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute Instruments of the type In question Is required. A currently valid power of attorney,notarized,will suffice. .... ..... . ... .. _.. ... ......... ......... ......... ......... ....... .. ......... _.. .._.._... ..._......._...._.... ........................... .........._................. ....._.._...._._.........._...... LP 952091 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described in the deed from Thomas W. Moir, a married man as his sole and separate property, to John E. Caprio and Elaine J. Caprio, husband and wife as joint tenants, on file at the County Recorder's Office as follows: Date: April 11, 1994 Series: 94 100584 JD:sd_mw G:\GRPDATA\ENGSVCVOSEPH\MAY 98\LP95-2092 EX-.A.DOC LP 952091 EXHIBIT 'B" IMPROVEIMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Orwood Road for that real property, described in Exhibit "A": 1. Approximately 400 square meters (4,320 square feet) of street paving to widen the existing pavement to at least a 7.3 meter(24-foot) width. 2. Necessary longitudinal and transverse drainage. 3. Temporary conforms for paving and drainage as may be necessary at the time of construction. 4. Submit improvement plans to the Public Works Department, Engineering Services Division, for review and pay fees for plan review and inspection. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Orwood Road is constructed to its ultimate planned width by the County or by an assessment district. 2. Pavement widening is constructed adjacent to the subject property. JD sd GAGRPDATAENGSVCU0SEPTV\1AY 98\LP95-2091 EX-H.DOC