HomeMy WebLinkAboutRESOLUTIONS - 07121994 - 94-369 l
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 12, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: N6ne
ABSTAIN: None RESOLUTION NO.' 94/369
SUBJECT: Approval of the Final Map; Subdivision Agreement, Acquisitions of Off-Site _
Rights-of-Way Agreements, Subdivision 7737, Bay Point Area.
The County has worked with Kaufman and Broad of Northern California, Inc., in resolving the
drainage problems associated with Subdivision 7597 (Phase I) and 7737 (Phase II). compliance
with the drainage requirements of the Ordinance Code have been complicated by the potential
impacts of the previously proposed storm drain line on the downstream riparian area. Instead
of discharging the stormwater runoff from this drainage area in a pipe to the north side of the
railroad tracks, the developer has developed two alternate proposals with the County staff. The
first alternate provides a detention basin upstream of Port Chicago Highway on Navy property.
The second alternate provides an on-site detention basin which prevents development of 18
residential lots. The drainage from either of these alternative detention basins eventually flows
into the wetlands area on the north side of Port Chicago Highway. The engineer's estimate for
Subdivision 7597 specifies the alternate drainage plans, and the existing security for Subdivision
7597 insures their construction.
The construction of Drainage Alternative I (the preferred alternative) requires the acquisition of
land rights from the USA (Navy). The applicant has been unable to complete the acquisition of
these necessary land rights. To assure the acquisition of this necessary right-of-way the
applicant; Kaufman and Broad of Northern California, Inc. (K &B) has executed an acquisition
of off-site right-of-way agreement.
The applicant has also been unable to complete the acquisition of right-of-way for the extension
of Driftwood Drive across the EBMUD property. To assure the acquisition of the above right-
or-way, K & B has executed an additional acquisition of an off-site rights-of-way agreement.
The following documents were presented for the Board approval this date:
1. An agreement for acquisition of off-site right-of-way for Subdivision 7737, with Kaufman and
Broad of Northern California, Inc., subdivider, whereby said subdivider agrees to pay all costs
and expenses involved in acquiring off-site right-of-way from EBMUD for the extension of
Driftwood Drive.
Said document was accompanied by security to guarantee payment of off-site right-of-way
acquisitions expense as follows:
a. Cash deposit (Auditor's Deposit Permit No. 246437 dated July 5, 1994), in the amount of
$4,000 made by Kaufman and Board of Northern California, Inc..
b. Additional security in the form of a corporate surety bond dated June 24, 1994, and insured
by American Casualty Company of Reading, Pennsylvania(Bond No. 900844314)with Kaufman
and Broad of Northern California, Inc., as principal, in the amount of$31,000.
2. An agreement for acquisition of off-site right-of-way for Subdivision 7737, with Kaufman and
Broad of Northern California, Inc., subdivider, whereby said subdivider agrees to pay all costs
and expenses involved in acquiring off-site right-of-way from the USA (Navy) for a regional
detention basin, wetlands, spoils area, roadway fill at the intersection of Pacifica Avenue and
Driftwood Drive, and sediment removal near Port Chicago Highway.
Said document was accompanied by security to guarantee payment of off-site right-of-way
acquisitions expense as follows:
RESOLUTION NO. 94/369
a. Cash deposit (Auditor's Deposit Permit No. 246437 dated July 5, 1994), in the amount of
$4,000 made by Kaufman and Broad of Northern California, Inc.
b. Additional security in the form of a corporate surety bond date June 24, 1994, and issued by
American Casualty Company of Reading, Pennsylvania (Bond No. 900844300) with Kaufman
and Broad of Northern,California, Inc., as principal, in the amount of$32,000.
3. The Final Map of Subdivision 7737, property located in the Bay Point area, said map having
been certified by the proper officials.
A Subdivision Agreement with Kaufman and Broad of Northern California, 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 documents were accompanied by:
I. Security to guarantee the completion of road and drainage improvements as
required by Title 9 of the County Ordinance Code, as follows:
A. Cash deposit(Auditor's Deposit Permit No. 245892, dated June 27, 1994),
in the amount of $15,375 made by Kaufman and Broad of Northern
California, Inc.
B. Additional security in the form of a corporate surety bond dated June 23,
1994, and issued by American Casualty Company of Reading,
Pennsylvania and the American Insurance Company (Bond 11127254743-
AIC) with Kaufman and Broad of Northern California, Inc., as principal,
in the amount of $1,522,125 for faithful performance and $768,750 for
labor and materials.
II. 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 1993-94
tax lien has been paid in full and the 1994-95 tax lien, which became a lien on the
first day of March, 1994, is estimated. to be $58,600.
III. Security to guarantee the payment of taxes as required by Title 9 of the County
Ordinance Code in the form of a surety bond, issued with Kaufman and Broad of
Northern California, Inc., as principal, in the amount of$58,600 guaranteeing the
payment of the estimated tax;
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 Acquisition of off-site Right-of-Way Agreements
(2 total) for Subdivision 7737 are also approved and the Chair is authorized to execute said
agreements.
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.
BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED.
1 hereby certify th8t this is a true and oorreCt copyof
Contact Rich Lierly-313-2235 action taken and entered on the minute8 of the
Originator. Public Works(ES) Board of Supervisor)on the date shown.
Asu: Jill 3 2I.0,,Q4.
cc: Director of Community Dev. PHIL BA R
L ,CI6 bf the Board
Public Works-Const. of Supervisors and County Administrator
Kaufman and Broad of Northern California, Inc.
6379 Clark Avenue By .fjL,��,,,,� �� .Dept
Dublin,CA 94568 "�Of+f=•+arm
American Casualty Company of Reading,
Pennsylvania and the American Insurance Company
3530 Wilshire Boulevard
Los Angeles,CA 90010
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