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Home My WebLink AboutMINUTES - 06282005 - C16 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: June 28, 2005 SUBJECT: Accepting completion of public improvements,trail improvements,and acquisition of off-site right- of-way,Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S110 accepting completion of public improvements,trail ADOPT Resolution No. 2005/4� for Subdivision 92-07737, improvements,and acquisition of off-site right-of-way,and declaring Driftwood Drive,Powell Drive,Corliss Street, Jill Avenue (from Burdick Drive to Boeger Place), Fletcher Court, Fletcher Street, and Burdick Drive as county roads, Subdivision 92-07737, Bay Point area. (District V) FISCAL IMPACT: There is no impact to the general Rind. BACKGROUND/REASON(S) FOR RECOMMENDATION(S On February 8, 2005,the Board approved a settlement of litigation entitled Contra Costa County v. Kaufman and Broad ofNorthern California.9 Inc., et al.,Contra Costa County Superior Court Case No.02-01979. Pursuant to the Board's approval, on March 23, 2005, the County entered into a Settlement Agreement and Mutual Release of Claims ("Settlement Agreement")with E.I. duPont de Nemours and Company,KB Home,KB Home North Bay Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE .=.* "PROVE OTHER SIGNATURE(S): ACTION OF B? D ON. TUNE 28 200-5 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the xx UNANIMOUS(ABSENT NONE minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: JD:rm:sr G:\GrpData\EngSvc\BO\2005\06-28\SD 92-07737 B0-45.doc; Originator: Public Works(ES) ATTESTED: JUNE 28, 2005 Contact: B.Balbas(313-2284) JOHN SWEETEN, Clerk of the Board of I.D. cc: Public Works -T.Bell,Construction Div. Supervisors and County Administrator -M.Valdez,MandT Lab -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. -J.Dowling,Engineering Svc. County Counsel -T.- By Deputy Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog KB Home The American Insurance Company American Casualty Company of Reading,PA E.I.duPont de Nernours and Company(DuPont) Redgwick Construction SUBJECT: Accepting completion of public improvements,trail improvements,and acquisition of off-site right- of-way, Bay Point area. (District V) DATE: June 28, 2005 PAGE: 2 Inc.,American Casualty of Reading,Pennsylvania,The American Insurance Company,and Redgwick Construction Company. The Settlement Agreement required the County to accept certain specified public improvements in Subdivision 92-07737. The attached Resolution serves to accept those improvements,as well as accept completion of right-of-way acquisition and accept completion of trail improvements. _CONSEQUENCES OF NEGATIVE ACTION: If the County does not accept the specified public improvements pursuant to the Settlement Agreement,the County could face legal action by the developer. CONTRA COSTA Co R ecorder Office STEPHEN L. WEIR C1 rk=R d+�r Recorded at the request of: DOCna 200 913 8�00 Contra Costa County Wednesday, JUN 290 2005 15:14:59 Board of Supervisors FRE $0.00 Return to: Tt I Pd $0,00 Public Works Department Nbr 000277 1 90$ Engineering Services Division I rC/R9/1—6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,) CALIYUKINII-v Adopted this Resolution on June 28, 2005,by the following vote: AYES: SUPERVISORS GIOIA9 PIEPH09 DESAULNIER9 GLOVER AND UILKEMA 0 NOES* NONE ABSENT. NONE ABSTAIN: NONE RESOLUTION NO* 2005/ 399 SUBJECT: Accepting completion ofplic improvements,trail improvements,and acquisition of off-site right-of-way,and declaring Driftwood Drive,Powell Drive,Corliss Street,Jill Avenue(from Burdick Drive to Boeger Place),Fletcher Court,Fletcher Street,and Burdick Drive as county roads, Subdivision 92-07737, Bay Point area. (District V) These improvements are approximately located west of Driftwood Drive and south of the Contra Costa Canal in the Bay Point area. Pursuant to the March 23, 2005, Settlement Agreement and Mutual Release of Claims ("Settlement Agreement")entered into by and between the County of Contra Costa and E.I.duPont de Nemours and Company,KB Home(formerly Kaufman and Broad Home Corp.),KB Home North Bay Inc.(formerly Kaufman and Broad of Northern California,Inc.),American Casualty of Reading, Pennsylvania,The American Insurance Company,and Redgwick Construction Company,the public improvements accepted herein do not include those outstanding improvements described in"Exhibit I"to said Settlement Agreement. A copy of"Exhibit I"is attached hereto and incorporated herein by reference. JD:rm:sr G:\GrpData\EngSvc\BO\2005\06-281SD 92-07737 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: B.Balbas(313-2284) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D. Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,MandT Lab JUNE 28 2005 -H.Finch,Maintenance Div. ATTESTED: 9 -I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and -J.Dowling,Engineering Svc. -T.- County Administrator County Counsel Sheriff-Patrol Div.Commander CHP,c/o Al CSAR—Cartog By Deputy KB Home The American Insurance Company American Casualty Company of Reading,PA E.I.duPont de Nemours and Company(DuPont) Redgwick Construction RESOLUTION NO.2005/ 399 • 0 SUBJECT: Accepting completion of public improvements,trail improvements,and acquisition of off-site right-of-way,and declaring Driftwood Drive,Powell Drive,Corliss Street, Jill Avenue (from Burdick Drive to Boeger Place), Fletcher Court,Fletcher Street, and Burdick Drive as county roads,Subdivision 92-07737,Bay Point area. (District V) DATE: June 28, 2005 PAGE: 2 The Public Works Director has notified this Board that the public improvements(Driftwood Drive, Powell Drive, Corliss Street, Jill Avenue (from Burdick Drive to Boeger Place), Fletcher Court, Fletcher Street, and Burdick Drive) in Subdivision 92-07737, excepting those public improvements described in Exhibit 1, have been completed as provided in the Subdivision Agreement,dated July 12, 1994,with Kaufman and Broad of Northern California,Inc.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. The Public Works Director has also notified the Board that the acquisition of off-site right-of- way for Subdivision 92-07737 for an extension of Driftwood Drive over an East Bay Municipal Utility District (EBMUD) right-of-way, as provided in the July 12, 1994, Acquisition of Off-Site Right-of-Way Agreement with Kaufman and Broad of Northern California,Inc.,heretofore approved by this Board in conjunction with filing of the Subdivision Map, has been completed. The Public Works Director has also notified the Board that the acquisition of off-site right-of- way for Subdivision 92-07737 from the U.S. Navy for a regional detention basin,wetlands, spoils area,, roadway fill and sediment removal were not necessary for this development. Kaufman and Broad of Northern California,Inc.,satisfied the requirements for the improvements that required the right-of-way acquisition set forth in the July 12, 1994, Off-Site Right-of-Way Agreement with Kaufman and Broad of Northern California,, Inc., via construction with an alternative design. The Public Works Director has also notified this Board that the trail improvements in Subdivision 92-07737 set forth in the June 22, 1994,Trail Improvement Agreement with Kaufman and Broad of Northern California,Inc.(EBMUD trail from Riverside Drive to Jill Avenue),and the June 22, 1994,Trail Improvement Agreement with Kaufman and Broad of Northern California,Inc. (Hill 410 to Jill Avenue),heretofore approved by this Board,have been completed. NOW THEREFORE BE IT RESOLVED that the public improvements identified in said Subdivision Agreement, except those improvements described in Exhibit 1, have been COMPLETED as of June 28,2005,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY July 12, 1994 American Casualty Company of Reading,PA (Bond No. 900844278-AMCAS) The American Insurance Company (Bond No. 11127254743-AIC) RESOLUTION NO, 2005/399 SUBJECT: Accepting completion of public improvements,trail improvements,and acquisition of off-site right-of-way,and declaring Driftwood Drive,Powell Drive,Corliss Street, Jill Avenue (from Burdick Drive to Boeger Place),Fletcher Court, Fletcher Street, and Burdick Drive as county roads, Subdivision 92-07737,Bay Point area. (District V) DATE: June 28, 2005 PAGE: 3 BE IT FURTHER RESOLVED that Driftwood Drive, Powell Drive, Corliss Street, Jill Avenue(from Burdick Drive to Boeger Place),Fletcher Court,Fletcher Street, and Burdick Drive, the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 92-07737 filed July 20, 1994, in Book 374 of Maps at Page 15 through 22, Official Records of Contra Costa County, State of California, are ACCEPTED and DECLARED to be County Roads. Road Name Road-R/W Widths Road No. Lengths (MileSystem Driftwood Drive 60' to 74' 5094A 0.23 Cu Powell Drive 56" 50940 0.15 Mu Corliss Street 52" 5094) 0.14 MU Jill Avenue 52" 5094K 0.16 MU Fletcher Court 52" 5094L 0.04 Mu Fletcher Street 52) 5094N 0.10 Mu Burdick Drive 52" 5094P 0.14 MU BE IT FURTHER RESOLVED that Bond No. 900844314,in the penal sum of$31,000.00, issued by American Casualty Company of Reading, PA, to secure performance under the July 12, 1994, Off-Site Right-of-Way Agreement(Driftwood Drive extension)is EXONERATED. BE IT FURTHER RESOLVED that Bond No. 900844300,in the penal sum of$32,000.00, issued by American Casualty Company of Reading, PA, to secure performance under the July 12, 1994, Off-Site Right-of-Way Agreement(regional detention basin) is EXONERATED. BE IT FURTHER RESOLVED that the trail improvements in Subdivision 92-07737 set forth in the June 22,, 1994, Trail Improvement Agreement with Kaufman and Broad of Northern California,Inc. (EBMLTD trail from Riverside Drive to Jill Avenue)have been COMPLETED,and that there is no warranty period required, and Bond Nos. 900841929-AMCAS and 11127254719- AIC, in the penal sum of$129,800.00, securing performance of the trail improvements under said agreement, is EXONERATED. BE IT FURTHER RESOLVED that trail improvements in Subdivision 92-07737 set forth in the June 22, 1994,Trail Improvement Agreement with Kaufman and Broad of Northern California, Inc. (Hill 410 to Jill Avenue), have been COMPLETED, and Bond No. 900841915, in the penal sum of $14,860.00, securing performance of the trail improvement under said agreement, is EXONERATED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/399 r I� I I 4 EXHIBIT I TO SETTLEMENT AGREEMENT--OUTSTANDING 7737 IMPROVEMENTS k I This Exhibit sets forth the balance of California Skyline II ("7737") improvements j July required to be constructed by the Jul 12, 1994, Subdivision Agreement between the County and q KB Home which were not completed during the initial stages of construction in Tract 7737. The Outstanding7737 Improvements were to be constructed b or on behalf of KB Home in 2003 � p y and/or 2004 pursuant to the following: Carlson, Barbee & Gibson Improvement Plans, Sheets 1- 9, dated January 2004; and Carlson, Barbee & Gibson Grading Plan, Sheets 1-4, dated March 24, f 2004. The improvements set forth in bold print are those improvements that have not been fully constructed or that may require corrective action by KB Home. The following improvements are subject to a one-year warranty following acceptance of said improvements. I. GRADING i * Earthwork--Import to Fill Basin f I • Fine Grade Lots • Sub-Excavation of Basin 2. STREET WORK i • Grading to Property Line • Street improvements for Boeger Place, including AC pavement, curb/ utter, sidewalk, drainage infrastructure in the roadway, and other . g g public improvements within the ultimate public right of way. • Street improvements for Jill Avenue from Boe er Place to Driftwood _ p g <<� Drive, including AC pavement, curb/gutter, sidewalk, drainage infrastructure in the roadway, and other public improvements within the ultimate public right of way, • Monolithic Curb, Gutter, 4.5' Sidewalk& Cushion • Street Signs • Street Monuments '` l; • Handicap Ramp • Striping ' ,i • Curb Drains (3: PVC, 2 per lot) 3. STORM DRAIN 1 • Remove &Abandon Existing Basin Gut-Fall • Type A Catch Basin • Adjust Catch Basin to Finish Grade H`i + 18" Storm Drain Pipe I� I; 4. MISCELLANEOUS • Soundwvall (As to lots 71 and 72 only) + Retaining walls If • Erosion Control I 912031.1 I 4 i i I I i'''{�