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CITY COUNCIL AGENDA ITEM NO. 10




Meeting Date: May 28, 2002

Subject/Title: Acceptance of Improvements for Subdivision No. 8225, Heritage, Morrison Homes

Submitted by: Engineering: B. Grewal /D.Boskovic

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution accepting the offers of dedication in fee for the right-of-ways of Exeter Way, Silverton Way, Cambrian Place, Brighton Drive, Jordan Court and Minnesota Avenue; accepting the offers of dedication in fee for the area designated as Parcel “A”; accepting the offers of dedication for the areas designated as “Water Pipeline Easement” or “W.L.E.”; “Public Utility Easements” or “P.U.E.” for public use as shown on the Final Map; accepting all abutter’s rights and all subsurface water rights under 300 feet relinquished on said Final Map and accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8225, Heritage, Morrison Homes, located in SPA “L” west of Minnesota Avenue and north of Sand Creek.

PREVIOUS ACTION
On March 17, 1998, the Planning Commission approved Planning Commission Resolution No. 98-07, approving Tentative Subdivision Map No. 8069 with conditions.

On April 13, 1999, the City Council approved Resolution No 99-93; approving the Final Map of Subdivision No. 8225 with improvement securities and a Subdivision Improvement Agreement.

BACKGROUND
The Final Map is located in SPA “L” west of Minnesota Avenue and north of Sand Creek, and was recorded on May 4, 1999, in Book 409 of Maps, at page 44, Contra Costa County records. The subdivision contains 86 single-family residential lots. In conjunction with the Final Map, the developer provided improvement securities (Performance and Payment Bonds) for these improvements. A final inspection of these improvements found them to be complete and 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 No. 8225, Heritage, Morrison Homes, has already provided a Maintenance Bond for In-Tract Improvements (Bond No.411366 for $210,212.55) to cover the twelve-month warranty period for these improvements.

FISCAL IMPACT
After the acceptance of improvements, the City will then incur costs of $4,500.00 per year, associated with street sweeping and necessary repairs to streets and utilities. A Lighting and Assessment Maintenance District (LLD 99-3) 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 STREETS RIGHT OF WAY, FOR ALL PARCELS AND EASEMENTS FOR PUBLIC USE AS SHOWN ON THE FINAL MAP, ACCEPTING THE PUBLIC IMPROVEMENTS (WATER, SANITARY SEWER, STORM DRAIN, FIBER OPTICS AND STREETS WITH ALL RELATED IMPROVEMENTS) FOR MAINTENANCE, ACCEPTING THE SUBDIVISION MAINTENANCE BONDS, AND RELEASING THE SUBDIVISION PERFORMANCE AND PAYMENT BONDS FOR SUBDIVISION NO. 8225, HERITAGE, MORRISON HOMES, LOCATED IN SPA “L”, WEST OF MINNESOTA AVENUE AND NORTH OF SAND CREEK 

WHEREAS, on March 17,1998, by Planning Commission Resolution No. 98-07, the Planning Commission approved Tentative Subdivision Map No. 8069, with conditions; and

WHEREAS, on April 13, 1999, the City Council approved Resolution No 99-93 approving the Final Map of Subdivision No. 8225, accepting the improvement security and approving the Subdivision Improvement Agreement; and

WHEREAS, the required public improvements, have been completed in conformance with the approved improvement plans.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) are hereby accepted for maintenance, and the offers of dedication 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 Bonds to guarantee against defects in material and workmanship for a period of twelve months are 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 right-of-ways of Exeter Way, Silverton Way, Cambrian Place, Brighton Drive, Jordan Court and Minnesota Avenue, and that the offers of dedication in fee are hereby accepted for Parcel “A” and that the offers of dedication are hereby accepted for “Water Pipeline Easement”, “Public Utility Easements” and all abutter’s rights and all subsurface water rights relinquished as shown on the Final Map of Subdivision No. 8225.

BE IT FURTHER RESOLVED that the City Clerk is herby directed to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 28th Day of May 2002 by the following vote: