"Santa Clara County Deed - PDF"
County of Santa Clara Environmental Resources Agency Office of Development Services ERA05 080304 . Prepared by:.Mai Trinh Engineering Technician II DATE: August 3, 2004 TO: Board of Supervisors FROM: Tim Chow Director, Environmental Resources Agency SUBJECT: Final Map and Documents for Tract No.: 9066, File No.: 3620−65−26−96CS located on East side of Heritage Way off Watsonville Road in Gilroy. RECOMMENDED ACTION Consider recommendations relating to request for approval of Final Map and documents for Tract Number 9066, a seven−lot cluster subdivision with an open space parcel. This property is located at 12285 Heritage Way, Gilroy. The applicant is Don Matlock. The current owners are John and Myra Mahoney. The developers are Gary & Jean Walton, Eugene W. & Lucinda Woerner, and Norman & Terry Rousseve. Possible action: a. Approve the Final Map. b. Authorize the Clerk of the Board to execute the Clerk's Certificate on the Final Map. 1 c. Authorize the Chair to execute the Open Space Easement Agreement. d. Authorize the Chair to execute the Land Development Agreement. FISCAL IMPLICATIONS There is no fiscal implication to the general fund as a result of this action. CONTRACT HISTORY Not applicable. REASONS FOR RECOMMENDATION All conditions of approval applicable at this time have been met. BACKGROUND File No.: 3620−65−26−96CS No. of Lots: Seven Location: Heritage Way between Watsonville Road and old Coach Road Applicant: Don Matlock Current Owners: John E. and Myra J. Mahoney Developers: Gary & Jean Walton, Eugene W. & Lucinda Woerner, Norman & Terry Rousseve Zoning: RR−5ac Date of Tentative Approval: December 17, 1996 Expiration Date: June 17, 2004 The subject development is a seven−lot cluster subdivision, plus an open space parcel, on an approximately 40 acre parcel located on the East side of Heritage Way between Watsonville Road and Old Coach Road in Gilroy. The tentative map was originally approved December 17, 1996. The expiration date was subsequently extended to June 17, 2004 through a series of extensions requested by the applicant. The applicant met all the applicable subdivision conditions prior to the June 17, 2004 expiration date. 2 This proposed subdivision is currently owned by John and Myra Mahoney. Once the Final Map is recorded, lot 7, which has an existing house, will be retained by John and Myra Mahoney, and the remainder of the subdivision will be transferred to Don and Betty Matlock. In accordance with a land purchase contract between Don Matlock and the developers, the land will then be transferred to the developers. Due to the complexity of this transaction and the timing of the various transfers of the property interests, the Mahoneys and the Matlocks have provided irrevocable instructions to the escrow agent, Financial Title, to record the following approved and fully−executed documents in the following order: (1) the final subdivision map; (2) the deed granting fee title ownership of the open space parcel (lot 8) from the Mahoneys to the Matlocks (already executed by the Mahoneys); and (3) the Open Space Easement Agreement conveying an open space easement over Lot 8 from the Matlocks to the County (already executed by the Matlocks). See attached escrow instructions and deed. The developers have entered into a land development agreement and posted bonds for street and bridge improvements for the subdivision, as permitted under the Santa Clara County ordinance code. State law and County Ordinances require that the Final Map for major subdivisions (5 or more parcels) be reported to the Board and, if all conditions of approval have been met, that the Board approve the final map. The Clerk of the Board subsequently signs the map and the Chairperson signs the land development agreement. In the land development agreement the developers agree to install the required subdivision improvements (roads, bridge, drainage, etc.) within one year, with the possibility of an extension. The plans for the improvements have been reviewed and are ready to be approved. The developers have also posted bonds to guarantee the work is completed. CONSEQUENCES OF NEGATIVE ACTION The applicant would not be able to complete the subdivision and record the final map. STEPS FOLLOWING APPROVAL 1. The Clerk of the Board will obtain the Chair's signature on the Land Development Agreement then forwards signed copies to: Mr. Gary Walton Custom One 22 Martin Avenue Gilroy, CA 95020 Mr. Donald Matlock P. O. Box 4248 Morgan Hill, CA 95037 3 Mr. & Mrs. John and Myra Mahoney 12285 Heritage Way Morgan Hill, CA 95038 Mr. Jerry Quilici Development Services 70 W. Hedding Street, 7th Floor, E.W. San Jose, CA 95110 2.Development Services delivers the original mylar of the Final Map to the Clerk of the Board for the Clerk to sign the certificate on the Final Map. 3. Clerk of the Board obtains the Chair's signature on the original executed Open Space Easement Agreement then returns the original document to Development Services for transmittal to the escrow agent (Financial Title), for recording immediately subsequent to recording of the final subdivision map and the deed conveying the open space parcel (Lot 8) from the Mahoneys to the Matlocks. ATTACHMENTS • (Transmittal submitted on Jul 22, 2004 2:56:15 PM − PDF Version) • Land Development Agreement − Tract No. 9066 (Land Use) • Parcel Map Tract No. 9066 (Land Use) • Open Space Easement Agreement (Agreements and Amendments) • Escrow Instructions and Grant Deed (Miscellaneous) 4