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CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: April 10, 2001

Subject/Title: Accept certain improvements for Subdivision 7844, Gerry Property, Ryder Homes

Submitted by: Engineering: J. Stevenson/ D.Boskovic

Approved by: Jon Elam, City Manager

RECOMMENDATION
Approve a Resolution accepting the offers of dedication of street rights-of-way, accepting the public improvements except landscaping for maintenance, accepting the Subdivision Maintenance Bond, accepting a Performance and Payment Bond for landscaping, and releasing the Subdivision Performance and Payment Bonds for Subdivision 7844, Gerry Property by Ryder Homes, located south of Balfour Road and west of Sellers Avenue.

PREVIOUS ACTION
On February 20, 1996, the Planning Commission passed Planning Commission Resolution No. 96-04, approving the Tentative Map of Subdivision 7844-Ryder Homes with conditions.

On February 9, 1999, the City Council passed Resolution No 99-52 accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security and approving the Subdivision Improvement Agreement.

BACKGROUND
The Final Map is located south of Balfour Road and west of Sellers Avenue, and was recorded on February 19, 1999, in Book 407 of Maps, at page 39, Contra Costa County records. The subdivision contains 121 single-family residential lots. In conjunction with the Final Map, the developer provided Performance and Payment Bonds for these improvements. A final inspection of the street improvements found them to be complete in conformance with the approved improvement plans. The landscaping along Balfour Road and Sellers Avenue, and on entrances into the subdivision on Guise Way and Morningside Street have not been completed and accepted by the City. Therefore, Ryder Homes provided a separate Performance and Payment Bond (Bond No. 00-255-272 for $408,881.00) for the landscaping improvements. This bond will be released once the City formally accepts these improvements.

The streets were offered for dedication on the Final Map. The streets offered for dedication include Tradition Way, Guise Way (except for the part of Guise Way that is the entrance into subdivision), Heritage Way, Panorama Way, Independence Street, Gerry Street, and Legacy Street. When the Final Map was approved by the City Council, the offers of dedication were subject to the acceptance of improvements. Now that the streets are improved, the City must accept the improvements in order to obtain fee title to the roads and parcels offered on the final map. The developer of Subdivision 7844, Ryder Homes, has already provided a Maintenance Bond (Bond No. 00-255-273 for $477,800.00) to cover the twelve-month warranty period for these improvements. After the twelve months, the City will then incur costs, the amount of which is unknown at this time, associated with street sweeping and necessary repairs to streets and/or utilities. A Lighting and Landscape Maintenance District (LLD 99-8) has been formed for this subdivision and will be responsible for the street lighting and landscape maintenance.


Attachments:
Resolution
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE OFFERS OF DEDICATION IN FEE FOR ALL OF THE STREET RIGHTS-OF-WAY AND PARCELS “B” AND “C” AS SHOWN FOR SUBDIVISION 7844, “GERRY PROPERTY”, RYDER HOMES, LOCATED SOUTH OF BALFOUR ROAD AND WEST OF SELLERS AVENUE, ACCEPTING THE PUBLIC IMPROVEMENTS FOR MAINTENANCE EXCLUDING THE RIGHT-OF-WAYS AND LANDSCAPING ALONG BALFOUR ROAD AND SELLERS AVENUE AND ON THE ENTRANCES INTO THE SUBDIVISION ON GUISE WAY AND MORNINGSIDE STREET, ACCEPTING THE SUBDIVISION MAINTENANCE BOND, AND LANDSCAPE PERFORMANCE AND PAYMENT BONDS, AND RELEASING THE SUBDIVISION PERFORMANCE AND PAYMENT BONDS 


WHEREAS, on February 20,1996, by Planning Commission Resolution No. 96-04 the Planning Commission approved the Tentative Map of Subdivision 7844, “Gerry Property”-Ryder Homes, with conditions; and

WHEREAS, on February 9,1999, the City Council passed Resolution No 99-52 approving the Final Map of Subdivision 7844, Ryder Homes, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security and approving the Subdivision Improvement Agreement; and

WHEREAS, the required public improvements, excluding landscaping, have been completed in conformance with the approved improvement plans; and

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the public improvements excluding landscaping are hereby accepted for maintenance, and the offer of dedications in fee for public use of all the streets and parcels as offered for dedication on the Final Map are hereby accepted.

BE IT FURTHER RESOLVED that the Maintenance Bond to guarantee against defects in material and workmanship for a period of twelve months is hereby accepted.

BE IT FURTHER RESOLVED that the Subdivision Performance and Payment Bonds will be released within sixty (60) days of the passage of this resolution.

BE IT FURTHER RESOLVED that the offers of dedication are hereby accepted for all of the streets rights-of-way shown thereon (Balfour Road Widening, Sellers Avenue, Gerry Street, Tradition Way, Heritage Way, Panorama Way, Independence Street, Legacy Street, Guise Way and Morningside Street, and parcels “B” and “C”.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 10th of April, 2001 by the following vote:

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