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Home My WebLink AboutMINUTES - 04061999 - C10-C14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 6, 1999, by the following vote: AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canciamilla NOES: None ABSENT: None ABSTAIN: None. RESOLUTION NO.: 99/147 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8133, Dougherty Valley area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 8133,property located in the Dougherty Valley area, said map having been certified by the proper officials, II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California, subdivider, whereby said subdivider agrees to complete all improvements as rewired 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: $3,047.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Bate: 329045 (March 22, 1999) B. Surety Bond Bond Company: American Casualty Company of Reading, Pennsylvania Bond Number and Date: 190 723 583 (March 18, 1999) Performance Amount: $301,653.00 Labor& Materials Amount: $152,350.00 Principal: Shapell Industries of Northern California SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8133, Dougherty Valley area. DATE: April 6, 1999 PAGE -2- IV. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1998-1999 tax lien has been paid in full and the 1999-2000 tax lien,which became alien on the first day of January 1999, is estimated to be $4,100,00, with security guaranteeing payment of said tax lien as follows: Tac Surety Bond Company: American:Casualty Company of Reading, Pennsylvania Bond Number and Date: 929 088 532 (March 17, 1999) Amount: $4,100.00 Principal: Shapell Industries of Northern California 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 is also APPROVED. I hereby certify that !his is a true and correct RL:TR:, w copy of an action: takers and entered on the G:AGrpData\HngSvcA90\:999\304-6-99.doc t"t7SnE.tes of the Board of Supervisors on the date shown. Originator:Public Works(ES) � contact: Rich Lierly(313-2348) ATTET E cc. Public Works-R.Beano,Construction ' i' 1 6R, Cierk of the hoard Current Planning,Ccmmanity Development of Supervisors and County Admin strator T—c ebnuary 6,2000 J 3.Christian Tnebr:dge and Sam Warden,Shaped industries of Northem California y � Deputy 100 N.Milpitas Blvd.,Milpitas,CA 95035 American Casualty Company of Reading,Perasylvania 21650 Oxnard Street,#760,Woodland Plilis,CA 91367 TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 6, 1999, by the following vete: AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnl.er and. {..,adlLamiila NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 99/148 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision: 8929,Alamo area. The fallowing documents were presented for Board approval this date: I. Map The final Map of Subdivision 8029, property located in the Alamo area, said neap having been certified by the proper officials; II. Subdivision Agreement A subd€vision agreement with Sherman Ranch LLC, subdivider, whereby said subdivider agrees to complete all improvements as rewired 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: $1,500.00 Deposit made by: Sherman Ranch LLC Auditor's Deposit Permit No. and Date: 327421 (March 9, 1999) B. Surety Bond Bond Company: rational American Insurance Company Bond Number and Date: CBB 15126 Performance Amount: $147,300.00 Labor&Materials Amount: $74,400.00 Principal: Sherman Ranch LLC SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8029,Alamo area. DATE: April b, 1999 PAGE -2- III. Tax better 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 1998-1.999 tax lien has been paid in full and the 1999-2000 tax lien,which became a lien on the first day of January 1999, is estimated to be $47,400.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: National American Insurance Company Bond Number and Date: CBB 15153 (March 17, 1999) Amount: $47,400.00 Principal: Sherman Ranch LLC 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 is also APPROVED. RL:J'C:mw i hareby certify that this is al true and correct G:\GtpData\EngSvc\BO\1999\BC)4-6-99.doe copy of an action taken aro entered on the Originator:Public Works(ES) 3i°!r.0 eS of the Board of Supervisors on the Contact: Rica,Lierly(313-2348) 'date shwn' � cc: Public Works-R.Bnnto,Construction ATTESTED: D: Current Planning,Community Deveioprnent PHIL ; TFL OR, Ci o, the Board February 6,2000 of Supervisors and County Administrator Sherman Ranch LLC '°y� p 4456 Black Avenue,Suite 200,Pleasanton,CA 94566 Deputy National American Insurance Company By 1008 Manvei Avenue,Chandler,OK 74934 Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order can April 6, 1999, by the fallowing vete: AYES: Supervisors Gioia, llilke-ia, Gerber, DeSaulnier and Ganciariilla NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 99, 149 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRU 1�ii ENT REFERENCE GRAI�'TQ AREA Grant Deed of SLB 8129 Sherman Ranch Alamo Development Rights Condition of LLC, a California Approval No. 45.A Limited Liability Company I hereby certify that this is a true and correct copy of an action takers and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: y Ien RL: PHIL BATC LOR, Clerk of the Board GA'c:t W of Supervisors an Cou ty Administrator G:\GrpData\EngSvc\BO\i999W 4-6-99.doc Originator: public Works(ES) By ��"' Deputy Contact:Rich.Uerly(313-2348) M. Recorddtr(via Title Company)Chen PW Records then Clerk of the Board Currtrt Planning,Community Development x Recorded at the request of: Contra Costa County Public Works Department Engineering Se:vices Return to: Public Works Department Records Section: Area: Alamo Subdivision: 8029 APN. 193-'80-007 GRANT DEED OF DEVELOPMENT RIGHTS Creek Structure Setback To meet condition of approval number 45.A of Subdivision 8029,we,Sherman Ranch LLC,a California Limited Liability Company, (Owner)hereby grant to the County of Contra Costa,a political subdivision of the State of California(Grantee) and its governmental successor or successors,the future development rights,as defined herein below over a portion of that real property known as Lots l through 6 of Subdivision 8029 situated in the County of Contra Costa,State of California,and more particularly described in Exhibit A. Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area." The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property.In the event of a disapproval of proposed construction by the Grantee or its successor,said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent,and location of such improvement. Grantee or its successor shall have sixty(60)days from receipt of such proposal in which to grant its approval or disapproval.Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on Sherman Ranch LLC, a California Limited Liability Company By: Gary Orarrf3rooks,Member By: Jane ymer Brook , ember (See attached notary) Dl::rnv G:\Cr..pD a\EngSvc\Derr.\i99gTe'.ru \SUB 8029.doc Subdivision 8029 (Creek Structure Setback) EXHIBIT "Alt All that real property situated in the County of Centra Costa, State of California, described as follows: All of Lots 1 through 6 designated as "Restricted Development Area (Creek Structure Setback)" as shown on the final map of Subdivision 84.29 on file at the County Recorder's Office as follows: Date: Book: Page: Dl:mw G:1'rpDa:alEngSvc1Dean11999\Feoruary\SUB 8029.doc State of Cal ifornda County of ALAMEDA CnE �I„ARY 24. 1999 before me, the undersigned, a Notary public L and for said State, personally appeared GARY OREN BROOK `V JAKE EMMR BROOKS per o .ally knon to me (or proved to me can the basis of satisfactory evidence) to be the person(s) whose rme(s) is/are subscribed to the within instrment and ack ul ed to mm that he/she/they emoted the ssrne in his/her/their authorized capacity(ies) , and that by his/her/their sig.-l.atu-e(s) m the instrament the person(s) , or the entity Lpm behallf of which the persons) acted, exemated the instrL nt. I`'?'I SS ury lixid ficial seal. S.GARMM Ell00ALAMEDA Sicgnatt "L Ss K. Name GAR�';A (typad or printed) (Seal) e113 Recorded at the request of, Contra Costa.County Public Works Department Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 6, 1999,by the following vote: AYES: Supervisors Gioia, Uilkem, Gerber, DeSaulnier and C.anciamilla NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 99/150 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRL3:VIENIT RETE_RENQE GRANTOR AREA Hold Harmless and SUB 8029 Sherman Ranch, Tassajara Indemnification LLC Agreement I hereby certify that this is a true and correct RL:mw copy of an action taken and entered on the GAGrpDg`a'-"gSv°\130"999`B04-6-99.doc minutes of the Board of Supervisors on the Originator-, Public Works(E—S) date shown. Contact:inch Lierly(313-2346) ESTEE7: ? ATT ' ✓ cc: Recorder(via Title Co.)then PWRecords PHIL BATC iwCti'�' , Clerk of the Board Current Planing,CammttiityI7evctoprnettt of Supervisors gnt� i klnty Administrator 8 RECORDING G UE,S f ED BY AND AFMR RECORDING RETURN TO : Northbrook Homes, LLC 4456 Black Avenue, Suite Zoo Pleasanton, CA 94566 HOLD HAIAESS ANIS MEMINWI Ai ION AGREEMENT The undersigned, SHERMAN RANCH, LLC, a California limited liability company, on behalf of its successors and assigns, does hereby covenant as follows: 1. SHERMAN RANCH, LLC, and the owners of Lots I through 6 of Subdivision 8029, shall. indemnify Contra Costa County, the Mood Control District, and the Water Conservation. District (hereinafter referred to as "Indemnitees") and hold Indemnitees harmless from any costs and liability resulting from the grant by Contra Costa County of an exception to the creek bank setback requirements established by Title 92 (including Section 914-14) of the Ordinances of Contra Costa County. This agreement shall cover all demands, damages, costs, expenses, debts, or claims to which the Indemnitees shall be subject as a result of the construction of improvements, including pavement, curbs, gutters, storm drains, and part of one garage structure within the creek bank setback area. Specifically, this agreement shall include defense of any such demands and claims by counsel selected by SHERMAN RANCH, LLC,and the owners of Lots 1 through 6 of Subdivision 8029, subject to the approval of Indemnitees, which approval shall not be unreasonably withheld. Such counsel may serve as counsel for both SHERMAN RANCH, LLC, and the owners of Lots 1 through 6 of Subdivision 8029, and Indemnitees. 2, The above-described covenant is made by SHERMAN RANCH, LLC, in consideration for the granting of the above-described exception to the creep bank setback requirement. 36 It is the intention of SHERMAN RANCH LLC, and Indemnitees that this covenant ruin with the land. The subject land is commonly known as Subdivision 8029, Seraftx Road, Alamo, California, and is described more particularly in EXHIBIT 'A'. 4. This covenant shall be binding upon the successors and assigns of SHERMAN RANCH, LLC. Executed on the day of MA kJC44 , 19�, at DA NV#�LE , Contra Costa County, California. SHERMAN RANCH, LLC GARY OREN BROOKS, Managing Member By J �BE �BRO�OKS, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of �tx OPTIONAL SECTION County of W ' __-__ CAPACITY CLAIMED BY SIGNER On before me,A, D lbsi ' it Though statute does not require the Ave Name,Tittle of Officer,e.g.,`Jane Doe,Notary Public" Notary to till in the date below,doing so may prove invaluable to persons personally appeared GA& Y.M &QZS A &+mom relying on the document. alme(s)Signen4s) / INDIVIDUAL personally known to me OR provided to me on the basis of satisfactory CORPORATE OFFICER(S) !evidence to be the person(s) whose name(s)4stare subscribed to the within Instrument and acknowledged to me that TITLE(S) *eAs4a they executed the same in PARTNER(S) _ LIMITED hisAsr/their authorized capacity(iss), GENERAL and that by#b�their signatures) on ATTORNEY-IIS-FACT the instrument the person(s)or the entity TRUSTEE(S) upon behalf of which the person(s)acted, GUARDIAN/CONSERVATOR executed the Instrument. =OTHER:jySFlrf� Alex D. VOSI a 9 WITNESS y harond official seal, Conn".-#1104476 fit; -yp r;'•tdOWY P it;.CALIF'G�FiMA"^ s V 00ftTRAWSTA COUNTY 0 SIGNER IS REPRESENTING: C",m,Exp,Ju!y 27.2000 1 '§IGNATURE'SIGNATUREOF NOTARY NAME OF PERSON(S) OR ENTITY(IES) WH{ LLC OPTIONAL SECTION `WOLD �44 qLiSS AND THIS CERTIFICATE MUST BE ATTACHED TITLE OR TYPE OF DOCUMENT 1 WLMN IPICA77N 2@g; tj Wh r l TO THE DOCUMENT DESCRIBED AT R#GN`I' NUMBER OF PAGES!N }ATE OF DOCUMENT Though the date requested here is not required by law,it could be prevented fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE gr ] /TA HOLD HARMLESS AGREEMENT All that real property situate in the incorporated area of the County of Contra Costa, State of C:ali,fornia, described as follows: Being a portion of Lots 2 and 3 as said lots are shown on the Map of Subdivision 8029 filed for record in Book of Maps at Page , Contra Costa. County:Records. Being all the property within the area designated "Restricted Development Area" Grant Deed of Development Rights (Creek. Setback) deeded to Contra Costa County as shown on said Lots 2 and 3 of said Map. 3 THE BOARD OF SUPERVISORS S OF CONTRA COSTA A CO C3NTY,.CALIFORNIA Adopted this Order on April 6, 1999,by the following vete. AYES- Supervisors Gioia, Uilkerla, Gerber, DeSaulnier and Ganciamilla NOES: Done ABSENT: bone ABSTAIN: lone RESOLUKONI NO. 99/162 SUBJECT: Accept Completion of Warranty Period and Release of Cash Deposit for Faithful Performance, Subdivision 7779, Danville area. On February 3, 1998, this Board resolved that the improvements in Subdivision 7779 were completed as provided in the subdivision agreement with Trident Associates and 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$1,000.00 cash deposit(Auditor's Deposit Permit No. 273941, dated February 21, 1996)plus interest in accordance with.Government Code Section 53079, if appropriate, and Ordinance Code Section 94-4.406 and the subdivision agreement. NOW THEREFORE BE IS RESOLVED that the warranty period has been completed and the subdivision agreement and surety bond are exonerated. I hereby cerailly that this is a true and correct RL:TC.mw copy of an act on taker, and entered on the G:'\G7D, aia\EnSSvc!EO\l999\BO4-6-99.doc minutes of the Board of Supervisors on the Originator: Public Works(ES) date shown. Contact:R;cb Lierly(313-2348) ATTESTED- cc! Pub,?c Works Tax I.D.68 029 0129,Accowiting PHIL BAT O , Clerk of g heBoard R.Bruno,Construction of Supervisors and +L?unty Admi Current Planning,Community Development ✓o T dent Associates to s * 1Deputy Ed�ex 2251 Via DeMercados,Concord,CA 94520 �" "'"° Reliance National Indenw-ty Company Two Glenbardie Corporate Center,1285 Drummers Lane,Suite 202,Wayne,PA 19087