HomeMy WebLinkAboutRESOLUTIONS - 10201987 - 87-631 ftporded at the request of / a
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`i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Resolution
Adopted this Qac on October 20 1987 , by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Amendment of Resolution No . )
85/408 for Subdivision 6546 ) RESOLUTION NO. 87/631
(Canyon Lakes ) , San Ramon )
Area )
On July 16, 1985, the Board approved the Final Map of
Subdivision 6546 (Resolution No. 85/408) , but did not accept or
reject the offers of dedication to public use shown on such map;
The Final Map of Subdivision 6546 was recorded on July 25,
1985 (292 Maps 1) ;
The Final Map of Subdivision 6546 contains an offer of
dedication of a segment of Bollinger Canyon Road, which segment
runs adjacent to Parcel B of Subdivision 6595 (299 Maps 47 ,
recorded 3-14-86 ) and Parcel G of Subdivision 6384 (290 Maps 8,
recorded 6-7-85 ) ;
Parcels B and G have been improved as part of a golf course
located within the Canyon Lakes development and are connected by a
steel-reinforced masonry bridge spanning Bollinger Canyon Road;
Although Final Development Plans 3041-83 and 3048-85 show
the bridge across Bollinger Canyon Road, through an inadvertent
error , the Final Map for Subdivision 6546 did not show an easement
reserved for the bridge, nor did Resolution No. 85/408 reflect the
subdivider ' s reservation of an easement for the bridge;
Both the County and the. subdivider (Blackhawk Corporation)
wish to correct the record to reflect the subdivider' s reservation
of an easement for the bridge to the extent allowed by law; and
Correction of the record is in the public interest.
NOW, THEREFORE, the Board RESOLVES as follows :
1. Resolution No.. 85/408 and the Final Map of Subdivision
6546 are corrected to reflect the reservation of an exclusive.
easement for construction, repair, maintenance and use of a
private overpass solely for golf cart, golf pedestrian and other
related Canyon Lakes golf course traffic across, upon, over and
through the real property described in attached Exhibit "A. "
2. The above-described easement shall be appurtenant to
Parcel B shown on the Final Map of Subdivision 6595 (299 Maps 47 )
and to Parcel G shown on the Final Map of Subdivision 6384 (290
Maps 8) , and the private overpass located therein shall be used
only by persons authorized by the owners of said Parcels B and G.
RESOLUTION NO. 87/631
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3 . The owners of said Parcels B and G shall be obligated to
maintain in good condition and repair said private overpass . Said
owners shall defend, hold harmless and indemnify Contra Costa
County and any successor jurisdiction thereto, and their
respective officers , agents and employees , from and against any
and all liabilities , claims, demands and damages, including .
without limitation those for personal injury, death or property
damage, resulting from the use of said private overpass as set
forth herein or from the maintenance or repair , or failure to
maintain or repair, said private overpass .
4 . Use of the above-described easement shall not interfere
in any manner with the lawful public use of Bollinger Canyon Road
as offered for dedication by the subdivider .
5. This resolution is an instrument affecting the title or
possession of said. Parcels B and G. All the terms, covenants and
conditions herein imposed are for the benefit of County, its
successors and assigns , and shall be binding upon and inure to the
benefit of said Parcels B and G and the successors in interest of
the subdivider . Upon sale or division of said Parcel B or Parcel
G, the terms of this resolution shall apply separately to each
parcel , and the owner of each parcel shall succeed to the
obligations imposed by this resolution.
6. The reservation of the above-described easement shall
relate back to July 16, 1985 , the same as if such reservation had
originally been reflected in Resolution No. 85/408.
7. The Clerk of the Board shall deliver a certified copy of
this resolution to the subdivider (Blackhawk Corporation) and this
resolution shall take effect upon the subdivider ' s recordation of
the certified copy within the chain of title for said Parcels B
and G. The subdivider ' s recordation of the certified copy shall
constitute acceptance and agreement, on the part of the
subdivider, its successors and assigns to said Parcels B and G,
to each of the provisions of this resolution.
i tweby cert!ty:>`at:his is a true and correct copy of
an actiosi taken and erierrd on tha minutes of the
Board ct Supervl3g3 on the date ahoNn.
ATTESTEC: , Y -),- 1 y s7
PHIL SATCHZLOR, Clerk of the Board
of Supervisors and County Administrator
By . Deputy
Orig. Dept.: Public Works Department (ES)
CC: County Counsel
Blackhawk Corporation
P.O. Box 807
Danville, CA 94526
Recorders Office (via Clerk)
than Engineering Services
Attn: J. DiMaggio
RESOLUTION NO. 87/631
E X H I B I T A "
REAL PROPERTY IN THE COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF BOLLINGER CANYON ROAD RIGHT OF WAY AS SHOWN ON THE
MAP OF SUBDIVISION 6546 FILED JULY 25, 1985 IN BOOK 292 OF MAPS
AT PAGE 1 , RECORDS OF CONTRA COSTA COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A STRIP OF LAND 25 (TWENTY-FIVE) FEET IN WIDTH, THE CENTERLINE
OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY CORNER OF PARCEL Y AS SHOWN ON THE
MAP OF SUBDIVISION 6384 FILED JUNE 7, 1985 IN BOOK 290 OF MAPS
AT PAGE 8, RECORDS OF CONTRA COSTA COUNTY: SAID CORNER BEING ON
THE SOUTHEASTERLY RIGHT OF WAY LINE OF BOLLINGER CANYON ROAD ON
THE ARC OF A CURVE FROM A RADIAL WHICH BEARS NORTH 43° 41 ' 00"
WEST; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTHWESTERLY
ALONG SAID CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
1450..00 FEET THROUGH AN ANGLE OF 010 08 ' 40" A DISTANCE OF 28 . 96
FEET TO THE POINT OF BEGINNING, A RADIAL THROUGH SAID POINT OF
BEGINNING BEARS NORTH 440 49 ' 40" WEST; THENCE LEAVING SAID RIGHT
OF WAY LINE NORTH 440 50 ' 23" WEST 100 .00 FEET TO A POINT ON A
CURVE ON THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID ROAD, A
RADIAL THROUGH SAID POINT BEARS NORTH 440 49 ' 43" WEST, SAID
POINT ALSO BEING THE NORTHWESTERLY TERMINUS OF THE EASEMENT
DESCRIBED HEREIN.
THE SIDELINES. OF THE HEREIN DESCRIBED STRIP OF LAND ARE TO BE
SHORTENED OR LENGTHENED SO AS TO EXTEND ENTIRELY ACROSS SAID
RIGHT OF WAY.
RESOLUTION NO. 87/631