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HomeMy WebLinkAboutMINUTES - 03262002 - C9 C THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 26, 2002 by the followingvote: AYES: Supervisors Gerber, Uilkema, Glover, and Gioia NOES: None ABSENT: Supervisor Mark Desaulnier, 'Distrct IQ ABSTAIN. None RESOLUTION NO. 2002/ 169' SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 60-89 being developed by Jahn M.and Nancy L.Donkonics,trustees of the revocable trust of John M. Donkonics and Nancy L. Donkonics, et. al.,Martinez area. (District II) The following documents were presented for Board approval this date: I. Map The parcel map of Subdivision MS 60-89, property located in the Martinez area, Supervisorial District II, said map having been certified by the proper officials; H. Subdivision .Agreement A subdivision agreement with John Donkonics,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: 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. G:\GrpData\EngSvc\BO\2002\3-26-02\MS 60-89'BO-21 docy r� CL:lad ATTESTED: March 002 Originator:Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors Contact: Rich Lierly(313-2348) and County Administrator cc Public Works'-R.Bruno,Construction Current Planning,Community Development T-1-26-03 By e , Deputy John Donkonies 926 beer Creek Drive Martinez,CA:44353 RESOLUTION NO.2002/ 169 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 60- 89 being developed by John M. Donkonics and Nancy L. Donkonics, et. al., Martinez area (District Il). DATE: March 26, 2002 PAGE 2, Cash Bond Performance amount: $54,100.00 Labor and Materials amount: $27,050.00 Submitted by:; John Donkonics Tax ID Number: 573-58-3154 Auditor's Deposit Permit No. and Date: 338273, September 23, 1999 III. 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 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of'January, 2002, is estimated to be $3,600.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Cash Bond Assessors Deposit Permit: 382679 Date: March 7 2002 Amount: $3,600.00' Submitted by: John and Nancy Donkonics NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. 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.. 2. That said parcel map is APPROVED. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department, RESOLUTION NO. 2002'/169 SUBDIVISION A4 REEMENT (Government,Cade 5615462 and 566463) JOHN M. DONKONICS AND NANCY L. DONKOND TRUSTEES OF THE REVOCABLE TRUST OF JOHN Subdivision: 60-89 Subdivider: rSt_ Ajj_t;V r,. T7CfXK{?N ,S,I3ATEl MARCH 3, 1993 Effective Zig,-Z.2 � Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO': C�`tITRA COSTA!COUI+I°i YSUBDIVIDER l ('66014AArAWWd Public Works Director r ' By: Sig©awl) (Print now A rhe JOHN M. DONKONICS, TRUSTEE B ED FOR 13y: #sem) En n ices Division (rrincrar�u/@title) NANCY L. DONKONICS, ' Qu3iE� : Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups Pursuant to Corporations Code S313..) 1, PARTIES Effective on tete above date,ttte County of Contra Costa,California,hereinafter called" un ",and the above-mentioned Subdiypr ,mutually promise and agree as follows concerning this subdivision: 2. jMPIt.C1VEbfENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street liglhts,fM. 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 Cont€u ate County Ordinance Cade(including future acne d eats thereto). 'sSiibdivider shall Mete said weak and improvements(he rcinatler called"work")within the above completion period from date hereof as t►Y the Calitornta Sttbedivisiertt leap act(Goveanment Code SSfi64lfi and follawirtg),in a goad rvorlQnattl ce manner,in accordancewith accepted court prat ie and a ma rs equal tar snpa or to the regttitetctettts of the County Ordinance Code and r lungs rnacle thereunder,and where there is a roiliest berive�n the iar€svememt puss-.and the Casmty Ordinaance Code,..the etricxer requrrartents shall gavexn. ; 3, WROVE =l'T 5 Q 7 l'1"4'. Upon executing this Agreement,the Subdivider shalt,pursuant to Government Code 566499,and the County Ordinance Codey,provide as sanity to the County: A. For 'eufotms,r►o -•,d Q—u*r 9cc S 1cask plus additional security,is the amount of$ s 3.LCC.O(l which together total one hundred percent(141(16A)of the estimated cost ofthe work. Such additional security is presented in the form of- Cash,certified check or cashiers check- Acceptable corporate surety bond. 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'$ 27,050.00 which is fifty percent(son/.)of the estimated cost of the work. Such security is presented in the form of: R Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Subdivider guarantem payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board ofSupervisors and upon request of tlhe Subdivider, the amount securities may be reduced in accordance'with S94-4.406 and S94-4.448 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects inmaterial or workmanship and shall perform satisfactorily for a period of one(1)year from and after 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 rep lace,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.; S. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establislitpent 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 PLAN 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. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or 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 stopped from bringing any action for damages arising from the failure to comply with any of the terrr>s 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. 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 liability 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 either indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct ofany Indemnity. 9. 't= Subdivider shallpay 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. NO PERFORMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Ague and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,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 County,even=if Subdivider subsequently completes the work. Should County sue to compel performance under this,Agreement or to recover costs incurred in completing 6r maintaining the work,Subdivider agrees to pay all attorneys 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 rights shalt 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. icer o�r„Pn r �,F«mticcr W0RMk G-we« lG.w.Februvy41949 cALIPORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of rcg-,K1! OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On I'Z3 t)efore nie, Though statute does not require the Notary- OnDATNAME. !tt a OFFtCER E.G_"JANELMA�U�LIC" to fill„in the data below,doing so may prove invaluable to persons relying on the personally appeared To 01 G5 i k4 1 e-5' document. NAM } t ( ) ❑INDIVIDUAL .. ❑ personally known to me-OR-9(provided to me on the basis of satisfactory 0 CORPORATE OFFICER(S) evidence to be,the person(s)whose name(s)is/are I g) subscribed to the within instrument and acknowledged to me that [3 PARTNER(S) Ci LIMITED he/she/they executed the same in 0 GENERAL CHERIE COCOLES his/her/their authorized capacity(ies), El ATTORNEY-IN-FACT T coma:#119 7 > and that by his/her/their signature(s) 21RUSTEE(S) C , 1 on the instrument the person(s)or the CI GUARDIAN/CONSERVATOR NOTARY Pi JocAUFORuu, 0 enti upon behalf of which the per- p OTHER: > N:rim' j . p My Comm, UOL 25,2892 so' s) cted, executed the instrument. ITNE my hand s d fficiai al, SIGNER IS REPRESENTING: NAME.OF PERSOMS)OR ENTITY(1ES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE Tnauprt iro Gala wlow,s nW:rapuraa by Iaw. rt ma✓prove vlu8oia tD asffaM I.Y.9 an tn. tlaatlMlal aM=1C F—I f/aYCw.". nuixnmanr of in'.term: INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH-,the signature. The name MUSt be signed'exactly as it is typed or printed. it. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be Stated. Ill. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for an2 Eindthe partnership. IV. SIGNATURES FOR CORPORATIONS ocuments stiould be signed y two otricers, one from each of the following two groups: GROUP 1. 'a The Chair of the Board b The President c Any Vice-President GROUP 2. jai The Secretary b An Assistant Secreta c The Chief Financial Ocer d 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. Notarization of only one corporate signature or signatures from only oneroup,.must contain the following phrase: "...and acknowledged to me that succi corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors . :mw G"ENGSVC ORMS\NOTARY-.WPO Rev ll':_ 5557 CALIF RNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ` - C t fll eta f J�_ OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On `- before me, 1�-6"k.f L C�LAS Though statute does not require the Notary- OATE NAMS.TITLEOFFICER E.G.,'JANE .N to fill in the data below,doing so may prove I invaluable to persons relying on the personally appeared "~-�" �Ly 1 b�t,�1 e_� document NWF(SiSIGNER(S) ❑INDIVIDUAL 0 personally known to me-OR- 9"provided to me on the basis of satisfactory ❑CORPORATE OFFICER(S) evidence to be the person(s)whose name(s)is/are TIMM subscribed to the within instrument and acknowledged to me that 0 PARTNER(S) 0 LIMITED he/shelthey executed the same in Q GENERAL CHERIE CC7Cl3LE5 his/her/their authorized capacity(ies), ❑ATTORNEY-IN-FACT r c RIE 1000L % and that by his/her/their signature(s) TRUSTEE(S) on the instrument the person(s)or the GUARDIAN/CONSERVATOR NOTARY PUSLIC-GA3.IPORNLA entity tyupun behalf of which the per- ©OTHER:MARN COUNTY My Damm.bor"scot.26,2=d FITN)Ef Cted, executed the`instrument. my hand and ff iai se SIGNER IS REPRESENTING: F NAME OF PERSON(S)OR ENTITY(*S) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE Ttwuyn IM aura Celpw tl MI(egUveC Oy taw. A may prow vN_Xa to=rft ra,ytno on the aoeun+ent aw W"pr".7hwWent reellaWMte at.MW form.. INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in t e property must be stated. Ill. SIGNATURES FPR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have the authority to sign tor and bind the partnership. IV. SIGNATURES FOR CORPORATIONS ocuments should e signed by two officers, one from each of the following two groups: GROUP 1. 'a The Chair of the Board b The President c Any Vice-President GROUP 2. jal The Secretary b An Assistant Secretary c The Chief Financial Officer d 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. Notarization of only one corporate signature or signatures from only ogre group, must contain the following phrase: .and acknowied ed to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors . :mw G.ENGSVCIFORMSINOTARYMPO Re. Juin,. ..SS7 03/06/02 42.00 89-60 Tax Collector's Office William J.Poliacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 "�Cost Joseph L..Martinez Martinez,California 94553- Co5t� Assistant Tax Collector 0063 (925)646-4122 County r�1 1 Joslyn Mitchell (925)646.4135 FAx Tax Operations Supervisor Date: 3/6/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 89-60 MARTINEZ 76004 Parcel#: 367-180-010-4 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 20101-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $3,600.00 This tract is not subject to a 1915 Act'Bond. If subject to=a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. W L M J, PO C T as rer- By: f` L,VUNI Y Of CONTRACOSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVD FRE3M _... ORGANIZATIONNUMBER { (For Cash Collection Procedums see County Administrator's Bustin 105,) DESCRIPTION FUND/ORG, SUL ACCt 'CASK OPTIONACTWITY AMOUNT # # I # k # 1 # # i' } r t # # # t # # 1 t # # PLANATION: TOTAi $ # ... } ;R, , "" DEPOSIT Deposit consists of the following item CL "a COIN and CURRENCY C J s$ CHECKS,M.O.,ETC $ J E- BANK DEPOSITS $ rr FOR AUDITOR-CONTROLLER USE ONLY f t t' tt DEPOSIT PERMIT DP_ m I #CL NUMBER ASSIGNED ° a amount €money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby sit tc>the''Wreasur � ned- le " rSigned: e: # EXT. WuijCourA Auditor Deputy County Treasurer REV.(7-93) i. (.UUMt Y.V t,. 1KA(.USIA ' ldl:POSIT PERMIT OFFICE OF COUNTY AUDIT©R-CONTRCILLER" TO THE TREASURER: MARTN+tEZXALIFORNA ' RECEIVED FROM Contra Costa County Public Works ORGANlZATIONMJMBER 4500- 255 Glacier Dr. (Far-Cash'Cokcticsnn%oceJur s�"OC,r�tjFA<#r�in�strc r's&�ew'�4?�� . Martip-z CA 94551 DESCRIPTIONFUND/QRG. TASK OPTION ACTMTY AMC?t1W ACCT. :ale of Plans & Specs 004500 9931 -REV -, 6A0196 ' Sale of Prints 000676 6P108 601086106.45 00 4b51 6L099P x.20 004 -30 G, w Oti$�S Z r40 Sales Tex10030(3 QG37` � UPS Refund 004500 2100 999 .. x.22' xitz I�A57 Fees 00753 9144 k itz. DA57 Comm 23p 4 l.'itz DA40A Fees gg�� )(� +� Mtz DA4U.A � a,�"y3''[ :s ✓:- ,7 �s ' S-k '.�kV' ,, CR1494--CR1496 60( 51 77777777 'A 56 1-�3C)3-99 007566 9140 1s�35� Hydro Comp 007505 9895 REV S'~ s:5C, 1 Trust Pwid 8198W08M. Trust Bund 831000 0800 500 t E,XPLATOAL,: CctVW?.9--1005930 No Vols DEPOSIT COQ '$ ` Records' 1006051-1006069' No Voids Depoeif consists:of.the following ��. Svcs .10056297 5L635 No. Voids CON and CURRENCY Trust Fund 831000-08W Total' $1,500.00 - cl�ecKs,Ma Erc IOU-2, 6 RS2426 flap Check Fee it Honey Hill Court Ori nda.APII aAw DEPOSITS 5- 260--092-011,017, Robert M. Fisher, 85'Southwood 'Dr., Or-rUida,"CA ��AtIDITC3R-coNTROL ER USE ONLY, G#1005,630 OW,00 DEPOSIT P-09 h P p it Joh 'DO konies, PERMIT' T' Deer Creek Dr. rtia z CA" 94553 � DATE See attadl•u�t for 1'7r, t pond inf' 1riou far.f�.1.9€�00-0 ? ASSIGNED The amount of money desoibed above is f6r Tn�urer's teceeipt at a6"amcwntA approved.. : I.'sceipt trf abase amr�unt la hav depart# M the minty Tnasury. ackrxswltidged Signed: t y�- Signed: Signed; Tithe: 'C C# „dC.r XT, '", � rrty'T -34 REV(7-43) Trust 'Fund 819800-0800 G#1005634 $80,150.00 (Total) $53,100.00 MS60w89 Performance Band $27,050.00 Labor and Material Bond John Donkonies, 926 Deer Creek Dr. , Martinez, CA 94553