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CITY COUNCIL AGENDA ITEM NO. 05

Meeting Date: September 25, 2001

Subject/Title: Acceptance of Improvements for Subdivision 8033, Pulte Homes

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

Approved by: Jon Elam, City Manager



RECOMMENDATION
Approve a Resolution accepting the offers of dedication in fee for Chamomile Lane, Country Glen Lane, Ruebens Meadow Drive, Earl Glen Way, Yardley Place and Minnesota Avenue and Parcel “B” as an Emergency Vehicle Access and the areas designated as “Public Utility Easements” or “PUE,” all abutters’ rights and sub surface and mineral rights for public use as shown on the Final Map, and accepting public improvements for maintenance (excluding the areas designated as parcel “A”), accepting the subdivision Maintenance Bond and Cash Bond for Parcel “A” and releasing the subdivision Performance and Payment Bonds for Subdivision 8033, Ashton Place Unit 1 by Pulte Homes, located in SPA ”L” east of Minnesota Avenue and north of Sand Creek Road.

PREVIOUS ACTION
On June 3, 1997, by Planning Commission Resolution No. 97-21, the Planning Commission approved Tentative Subdivision Map 8033, with conditions.

On October 13, 1998, by Resolution No 98-171, the City Council approved the Final Map of Subdivision 8033, with improvement securities and subdivision improvement agreement.

BACKGROUND
The Final Map is located in SPA ”L”, east of Minnesota Avenue and north of Sand Creek Road and was recorded on October 21, 1998, in Book 403 of Maps, at page 37, Contra Costa County Records. The subdivision contains 58 single-family residential lots. In conjunction with the Final Map, the Developer provided Performance and Payment Bonds for these improvements. A final inspection of all the streets rights of way shown thereon (Chamomile Lane, Country Glen Lane, Ruebens Meadow Drive, Earl Glen Way, Yardley Place and Minnesota Avenue), and Parcel “B” as Emergency Vehicle Access and “PUE” (public utility easements) found them to be completed in conformance with the approved improvement plans.

The parcels were offered for dedication on the Final Map. When the Final Map was approved by the City Council the offers of dedication were accepted subject to acceptance of improvements. Now that the parcels are improved, the City must accept the improvements in order to obtain rights to the parcels offered on the Final Map. The Developer of Subdivision 8033, Pulte Homes, has already provided a Maintenance Bond (Bond No. 6123143 in the amount of $91,155.60) to cover the twelve-month warranty period for these improvements and a Cash Bond for parcels “A” in the amount of $35,000.00.

FISCAL IMPACT
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. Lighting and Landscaping District 99-3 has been formed for this subdivision and will be responsible for the street lighting and landscape maintenance.

Attachments:
Site Map
Resolution

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE OFFERS OF DEDICATION IN FEE FOR RIGHTS OF WAY FOR THE FOLLOWING STREETS: CHAMOMILE LANE, COUNTRY GLEN LANE, RUEBENS MEADOW DRIVE, EARL GLEN WAY, YARDLEY PLACE AND MINNESOTA AVENUE, ACCEPTING THE OFFER OF DEDICATION FOR PARCEL “B” AS EMERGENCY VEHICLE ACCESS, ACCEPTING THE OFFERS OF DEDICATION FOR THE AREAS DESIGNATED AS “PUBLIC UTILITY EASEMENTS,” ALL ABUTTERS’ RIGHTS AND SUB SURFACE MINERAL AND WATER RIGHTS AS SHOWN ON THE FINAL MAP, ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE (EXCLUDING PARCEL “A”), ACCEPTING THE SUBDIVISION MAINTENANCE BOND AND A CASH BOND FOR PARCEL “A” FOR SUBDIVISION 8033, ASHTON PLACE UNIT 1, PULTE HOMES, LOCATED IN SPA “L,” EAST OF MINNESOTA AVENUE AND NORTH OF SAND CREEK ROAD.


WHEREAS, on June 3, 1997, by Planning Commission Resolution No. 97-21, the Planning Commission approved the Tentative Map of Subdivision 8033, with conditions; and

WHEREAS, on October 13, 1998, by Resolution No 98-171, the City Council approved the Final Map of Subdivision 8033, Pulte 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 have been completed in conformance with approved improvement plans.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the public improvements are hereby accepted for maintenance, and the dedications for public use as shown 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 in fee are hereby accepted for all rights of way shown there on (Chamomile Lane, Country Glen Lane, Ruebens Meadow Drive, Earl Glen Way, Yardley Place and Minnesota Avenue), that the offers of dedication are hereby accepted for areas marked as Parcel “B” as Emergency Vehicle Access, “PUE” (public utility easements), all abutters’ rights as shown on the Final Map and all sub surface mineral and water rights.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 25th day of September 2001 by the following vote:

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