HomeMy WebLinkAboutTT 4685 DALEA LANE MARIPOSA DRIVE SUBDIVISION 1977 OFFICE OF THE
RAY T. SULLIVAN, JR. COUNTY COUNSEL DEPUTIES
COUNTY COUNSEL RIVERSIDE COUNTY
J OEL BRAND
JAMES H. ANGELL 3535 TENTH STREET, SUITE 300 W.W. MILLER
ASSISTANT RIVERSIDE, CALIFORNIA 92501- STEVEN A. BROILES
PETER H. LYONS
GERALD J. GEERLINGS TELEPHONE (7I4) 787-2421 y� JERRY A. SCHEER
SENIOR DEPUTY
July 26, 1977 >., J LOYAL E. KEIR
�"G ERALD BLANKENSHIP,JR.
ROBERT WESTMEYER
�1 1 r 1977 EDWARD D. PALMER
^ L.THOMAS KRAHELSKI
WILLIAM C. KATZENSTEIN
The Honorable Edward Mullins If AI I ^ ,E_T CITY HALLLIAM P. MCNAMES
Mayor of Palm Desert TIMOTHY J.DAVIS
45275 Prickly Pear Lane DIANE K. BARTO LF
Palm Desert, California 92260
Re: Silver Spur Associates (Developer)
Aetna Casualty and Surety Company (Surety)
Improvements Relating to Tract 4685 (Palm Desert Area)
Dear Sir:
This is to advise you that the developers of the above-listed
subdivision, which since the incorporation of Palm Desert has
been within your jurisdictional boundaries, have failed to complete
those improvements which they agreed to construct as a condition of
approval of the subdivision by the County. As a result they are
currently in default as far as their contractual obligations are
concerned. -
A review of the files of the County regarding this subdivision
reveals the following information. The subdivision is located at
the junction of Mariposa and Dalea Lane and was filed in late
1972 as Tract No. 4685. The developer was and is Silver Spur
Associates and the Surety is Aetna Casualty and Surety Company.
As a part of the approval. of the subdivision by the Board of
Supervisors on August 14, 1973, the developer executed the
necessary agreements and obtained the required bonds from the
Surety. The agreements provided that the developer would, within
one year of approval of the subdivision by the Board of
Supervisors, construct certain specified street and drainage
improvements. Surety bonds were obtained from the Aetna Casualty
and Surety Company to guarantee the completion of the work. As of
July 6, 1977, these --improvements have not yet been completed. The
surety bonds „guaranteeing completion of the improvements are still
in effect. However, in our opinion, suit will have to be filed if
the improvements are to be completed since demand letters from this
office have produced no response from either the developer or the
Surety.
Section 66413 of the Government Code provides that "when any area
in a subdivision as to which a final map has been finally approved
The Honorable Edward Mullins
Page Two
July 26, 1977
by a board of supervisors and filed for record pursuant to this
division, is thereafter annexed to a city, the final map and any
agreements relating to such subdivision shall continue to govern
such subdivision. " Thus, the agreements and bonds continue to
govern even though the City of Palm Desert is now incorporated.
It is our conclusion that the County no longer has the interest
necessary to require the completion of the improvements since the
subdivision is now within the city limits of Palm Desert.
Neverthless, we have no objection to the City, if it chooses to file
suit, naming the County of Riverside as a co-plaintiff since
Section 66413 of the Government Code does not clearly indicate
which entity is entitled to file suit to force completion of the
improvements.
In short, if the City determines that it desires to enforce its
rights and require the completion of the subdivision improvements
we suggest that the matter be referred to the City Attorney for
appropriate action.
Very truly yours,
Ray T. Sullivan, Jr .
County Counsel
ByL%���'
Robert Westmeyer
Deputy County Counsel
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