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File #: 18-2117    Version: 1 Name:
Type: Resolution-Agreement Status: Adopted
File created: 9/6/2018 In control: Transportation
On agenda: 10/2/2018 Final action:
Title: Adoption of Resolution Approving Subdivision Road Maintenance & Repair Agreement for Tract 245, Vichy Springs Community Homes Subdivision Unit 2, Phase 2, Accepting Subdivision Roads Ardesch Court and Perrier Court within Phase 2 of Vichy Springs Community Homes Subdivision Unit 2, Tract 245, into the County Maintained Road System, and Releasing Subdivision Improvement Agreement Surety and Subdivision Monumentation Agreement Surety (Ukiah Area)
Sponsors: Transportation
Attachments: 1. Resolution 18-152, 2. Agreement 18-143, 3. Letter, 4. Inspection Letter
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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To:  Board of Supervisors

FromTransportation

Meeting DateOctober 2, 2018

 

Department Contact:  

Howard N. Dashiell

Phone: 

463-4363

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

Agenda Title:

title

Adoption of Resolution Approving Subdivision Road Maintenance & Repair Agreement for Tract 245, Vichy Springs Community Homes Subdivision Unit 2, Phase 2, Accepting Subdivision Roads Ardesch Court and Perrier Court within Phase 2 of Vichy Springs Community Homes Subdivision Unit 2, Tract 245, into the County Maintained Road System, and Releasing Subdivision Improvement Agreement Surety and Subdivision Monumentation Agreement Surety (Ukiah Area)

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution approving Subdivision Road Maintenance & Repair Agreement for Tract 245, Vichy Springs Community Homes Subdivision Unit 2, Phase 2, accepting subdivision roads Ardesch Court and Perrier Court within Phase 2 of Vichy Springs Community Homes Subdivision Unit 2, Tract 245, into the County Maintained Road System, and releasing Subdivision Improvement Agreement Surety and Subdivision Monumentation Agreement Surety (Ukiah Area); and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

By Resolution Number (No.) 04-213 (December 14, 2004), the Board of Supervisors (BOS) approved the final map for Vichy Springs Community Homes Unit 2, Tract 245, BOS Agreement No. 04-257, a Subdivision Improvement Agreement, and BOS Agreement  No. 04-258, a Subdivision Monumentation Agreement.  By Resolution No. 09-225 (October 6, 2009), the Board approved BOS Amendment No. 1 to said BOS Agreement Nos. 04-257 and 04-258 for extension of time.  By Resolution No. 10-187 (November 30, 2010), the Board approved Amendment No. 2 to said BOS Agreement Nos. 04-257 and 04-258 for extension of time.  By Resolution No. 13-055 (May 21, 2013), the Board approved Amendment No. 3 to said BOS Nos. 04-257 and 04-258 for extension of time.  By Resolution No. 14-074 (June 3, 2014), the Board accepted the subdivision roads Tehuacan Road, Bartlett Court, and Celestin Court within Phase 1 of Vichy Springs Community Homes Subdivision Unit 2, Tract 245, into the County Maintained Road System.  By Resolution No. 14-165 (December 16, 2014), the Board approved BOS Amendment No. 4 to said BOS Agreement Nos. 04-257 and 04-258 for extension of time.  On February 6, 2018, by order of the Chair, an ad hoc committee was formed to perform inspection of the completed street improvements for Phase 2 of Vichy Springs Community Homes Subdivision Unit 2.                     

 

Summary of Request

The tentative map for Vichy Springs Community Homes Unit 2 was conditionally approved on September 16, 2004 by the Planning Commission with approval upheld by the Board of Supervisors on appeal on October 26, 2004.  The property is located on the south side of Vichy Springs Road, County Road (CR) 215, approximately 1.25 miles east of its intersection with Redemeyer Road, CR 215A.  The final map for Vichy Springs Community Homes Unit 2 was recorded on December 20, 2004.  The subdivision improvements were secured by a Subdivision Improvement Agreement (BOS 04-257) and performance surety in the appropriate amount.  Since the execution of the Subdivision Improvement Agreement, four amendments to the Subdivision Improvement Agreement for time extensions have been granted by the Board.

 

The street improvements and monumentation for Phase 2 of Vichy Springs Community Homes Unit 2, consisting of Ardesch Court and Perrier Court, have now been completed in substantial compliance with the approved improvement plans and final map.  The improved streets are to be accepted into the County Maintained Road System.  Ardesch Court and Perrier Court have been offered for dedication on the Final Map for Vichy Springs Community Homes Subdivision Unit 2, Tract 245, filed for record at Maps, Drawer 72 Pages 8 through 24, at Mendocino County Records.

 

County Code Section 17-78(B) requires that, before subdivision streets can be accepted into the County Maintained Road System, the street improvements be inspected by the County Engineer (or his designee) and two members of the Board of Supervisors, appointed by the Chair. The County Engineer/Director of Transportation recommends that the subdivision streets listed above be accepted into the County Maintained Road System.  He has inspected them along with the Ad Hoc Board Committee (Supervisor Gjerde and Supervisor McCowen) and found them to be in good condition and in substantial compliance with the Subdivision Improvement Plans.  A letter, recommending acceptance, from the Ad Hoc Committee to the full Board is included with these documents.

 

It is also recommended that the requirement for a 24 month Road Maintenance Agreement and Surety be required upon release of the Subdivision Improvement Agreement Surety. In accordance with the requirements of County Code Section 17-74 (F), the subdivider must enter into such an agreement with the County, secured by a bond in the amount of not less than five percent of the estimated cost of street improvements, in this case, not less than $41,778.

 

In accordance with the conditions of approval of the tentative map, the Department of Transportation (DOT) recommends approval of a Subdivision Road Maintenance Agreement (DOT Agreement No. 180071), secured by a bond in the amount of $41,778 and acceptance of the subdivision roads into the County Maintained Road System.  Since the required improvements and subdivision monumentation have been completed in conformance with the approved plans, specifications and final map, it is also appropriate to authorize the Clerk of the Board to release the Subdivision Improvement Agreement Surety and the Subdivision Monumentation Agreement Surety in accordance with the schedule prescribed in the attached Resolution.

 

Alternative Action/Motion:

Do not adopt the Resolution and provide direction to staff.                     

 

Supplemental Information Available Online at: N/A

 

 

Fiscal Impact:

Source of Funding: N/A

Budgeted in Current F/Y: N/A

 

Current F/Y Cost: N/A

Annual Recurring Cost: N/A

 

 

 

 

Supervisorial District:  District 1

Vote Requirement:  Majority

 

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Steve Dunnicliff, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

FOR COB USE ONLY

Executed By: Meribeth Dermond

Final Status:Adopted

Date: October 3, 2018

Executed Item Number: Resolution   Item Number: 18-152

 

Executed Item Number: Agreement   Item Number:18-143

Note to Department Number of Original Agreements Returned to Dept: Two Original Agreement Delivered to Auditor? Yes