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Home My WebLink AboutMINUTES - 08121997 - C20 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: AUGUST 12, 1997 SUBJECT: SYCAMORE CREEK- SUBDIVISION 7443 Project No.: 7520-668315 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT Offer of Dedication dated August 6, 1997, from Leaning Oak Land Company, LLC for recording purposes only. DIRECT the Real Property Division to have the above-referenced Offer of Dedication recorded in the Office of the County Recorder. II. Financial lmpact: No costs involved. /, Continued on Attachment: X SIGNATURE: �L n ;�"Z _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Or.* 1;.3 19 9'1 APPROVED AS RECOMMENDED OTHER_ VO E OF SUPERVISORS UNANIMOUS(ABSENT -1Z ) AYES: NOES: ABSENT: ABSTAIN: RHF:csp g:lrealprop197-81bo6Sycam.wpd Orig. Div: Public Works(R/P) 1 hammy=,n �,+,�, nue and correa�py o+ Contact: Carmen Pifia-Sandoval .n aedon m�.e and entered on the minuIN of 4 cc: Public Works Records Board of superAws on the dare shown. Recorder (via R/P) M111.BAT ae &or a boare P.W.Accounting atsup.VI@=wd°Rc�ouno'�dmhw°'m' >MCho" III. Reasons for Recommendations and Background: The offer of dedication was required as a condition of approval of Subdivision 7443 and is for the benefit of Sycamore Creek. IV. Consequences of Negative Action: Negative action might require the purchase of the right of way in the future. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Contra Costa County Flood Control and Water Conservation District AND WHEN RECORDED RETURN TO: Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 Attn: Melissa Morton SPACE ABOVE THIS LINE FOR RECORDER'S USE OFFER OF DEDICATION [Floodway Control Maintenance and Access Easement] LEANING OAK LAND COMPANY, LLC, a California Limited Liability Company (hereinafter called "Grantor" ) , being the present title owner of record of the herein described parcel of land, does hereby make an irrevocable Offer of Dedication to the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California (hereinafter called "Grantee" ) , and its successors or assigns, of an exclusive, perpetual easement and right of way for the purposes of laying down, constructing, removing, replacing, repairing, maintaining, operating and using, as the Grantee may see fit, for flood control purposes and transmission of drainage water, pipes, pipelines, drop structures, culverts, ditches, channels, access roads and service roads, and all necessary braces, connections, fastenings, fences or other protective barriers or facilities, and other appliances and fixtures for use in connection therewith or appurtenant thereto, in, under, along, over and across that certain real property in the Town of Danville, County of Contra Costa, .State of California, described as follows : The areas designated "Floodway Control Maintenance and Access Easement, " over portions of Lots 15, 16, 17 and 18 , as shown on the Final Map of Subdivision 7443 , UNIT TWO, recorded on , Book of Maps, Page , in the "Office of the Contra Costa County Recorder, " The real property just described is hereinafter referred to as the "Easement Area". It is understood and agreed that the Grantee and its successors and assigns shall incur no liability with respect to WODC\33299 166697.1 "'1- 7/8/97 such Offer of Dedication, and shall not assume any responsibility for the offered easement or any improvements thereon or therein, until such offer has been accepted by appropriate action of the Grantee' s governing board, or of the local governing bodies of its successors or assigns . The easement herein offered for dedication shall include the right by the Grantee, its officers, agents and employees, and by persons under contract with it and their employees, whenever and wherever necessary for flood control or drainage purposes, to enter upon the Easement Area with personnel, vehicles, equipment, supplies and materials, and to remove all trees, vegetation and structures thereon that interfere with the purposes for which the easement herein is offered for dedication. The Grantee' s maintenance responsibilities relating to the easement offered for dedication herein shall be limited to the following: (1) to maintain, repair and replace as may be necessary any drop structures and service roads situated within the Easement Area; and (2) to clear debris and sediment from the Easement Area as necessary to maintain the natural capacity of Sycamore Creek and reduce future erosion in areas adjoining the Easement Area; provided, however, that the Grantee' s maintenance responsibilities shall not include the clearing of debris or mud flows or other earth subsidence originating in the areas outside the Easement Area. Each owner of land underlying the Easement Area (including Grantor for so long as Grantor owns any such land) is herein termed a "Servient Owner" . Each Servient Owner shall be responsible for the following : (1) to remove debris or sediment which is deposited in the Easement Area and which results from landslides, mud flows or the earth subsidence originating from the Servient Owner' s land outside the Easement Area; and (2) to cut or otherwise control weeds and grass growing within the Easement Area on the Servient Owner' s land as necessary to prevent the weeds and grass from becoming a fire hazard. The obligations and restrictions imposed on Grantor and its transferees and successors under this Offer of Dedication are intended to be and shall constitute covenants and equitable servitudes running with the following described real property located in the Town of Danville, County of Contra Costa, State of California . Lots 15, 16 , 17 and 18, as shown on the Final Map of Subdivision 7443 , UNIT TWO, recorded on , Book of Maps, Page in the Office of the Contra Costa County Recorder (hereinafter collectively referred to as the "Property" and individually as each "Servient Parcel" ) . WODC\33299 166697.1 -2- 7/8/97 FROM : DC NALD WOOD RTYt E ND. : 510 736 8216 Pug. 07 1997 09:32PM P2 Upon transfer of any of the Servient Parcels, or any portion thereof, said obligations and restrictions with respect to the portion transferred shall pass to and be binding upon the transferee or transferees, as the successor Servient Owner thereof. Upon transfer of all of the Property, the original Grantor shall be released from the obligations imposed under this Offer of Dedication. No Servient Owner shall install in the Easement Area any building or other structure, fence, landscaping plant materials or irrigation system, or other improvements (other than the trail, bridge, bank stabilization and other improvements required by the Town of Danville in the development of Subdivision 7443) . Any landscape materials, irrigation system or fence in the Easement Area damaged by the Grantees entry into and performance of its responsibilities hereunder shall be replaced or restored at the sole cost and expense of the Servient Owner; and Grantee is forever released from any liability or responsibility whatsoever for such .damage. This Offer of Dedication shall be binding upon and inure to the benefit of the respective successors, assigns, heir, executors and personal representatives of the parties: To ensure that the obligations and restrictions imposed by this Offer of Dedication shall be binding upon any transferees of the Grantor, the Grantor shall, prior to transfer, cause to be recorded against all of the Servient Parcels, written covenants, conditions, and restrictions, in a form approved by the Grantee, setting forth the rights, obligations and restrictions imposed by this Offer of Dedication and providing for adequate enforcement of the same . IN WITNESS WHEREOF, the Grant r has executed this Offer of Dedication this day of f ineaha1997. LEANING OAK LAND COMPANY, LLC, a CaliforLimited Liability C mpany By: D ald C. wood Pesi t By: (. J es . ,Wood ecretary MODC\33299 -3- 718/97 166697.1 DOt� E D WOOD PHa N0. 510 736 8216 Aug. 07 1997 09:33Am P3 -STATE OF CALIFORNIA ) (� COUNTY OF On yt 1" " before me, a Notary Public in and f r said County, personally appeared Donald C. Wood, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. --PON a -A . A ko nct� as"� c-, SHER! L. OWEN n y public } Comm.*IIsMi ' VOTARY PUBLIC CONTRA CoStA COLOM Q Comm, Exp.Maftf 23.2001• STATE OF CALIFORNIA ) } ss. COUNTY OF sit 4,-N On uxt-r+ before ,,_i , a Notary Public-'n and for said County, personally appeared James D. Wood, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal. • �1 SHERI t. OWEN� leo a Public V Comm.#1130821 NOTARY PUBLIC CALIFORNIA CONTRA COSTA COUNP Comm. Exp. March 23.2001 s WODC\33]99 Sbb697.1 -4- 7/8/97