Santa Clara County Deed - PDF by xpz21332

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									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.




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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.




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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




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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)




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