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TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: MAURICE M. SHIU, CHIEF ENGINEER
ELATE: August 13, 2002
SUBJECT: Drainage Area 107 Plan. Brentwood area. [CDD-CP# 99-93].
Project No.: 7592-6D8353 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of
Easement, and ACCEPT said easement dated June 20, 2002 from Pulte Home
Corporation and Brentwood Country Club Partners, L.P. in connection with the Drainage
Area 107 Plan, Brentwood area.
B. APPROVE payment of$338,540 to Grantors as a refund of paid Drainage Area 107 fees
for the cost of constructing Drainage Area Plan facilities, and AUTHORIZE the Auditor-
Controller to issue checks in the amounts of$241,750 payable to Brentwood Country Club
Partners, L.P., 3824 Blackhawk Drive, Danville, CA 94506; and $96,750 payable to Pulte
Home Corporation, 455 Concord Avenue, Brentwood, CA 94513, to be forwarded to the
Real Property Division for delivery.
C. DIRECT the Real Property Division to have the above referenced Grant of Easement
recorded in the office of the C y Recorder.
Continued on Attachment: x SIGNATUR .
ECC3MMENCtATION OF COUNTY AD�INTOR
RECOMMENDATION OF BOARD CO
-APPROVE OTHER
SIGNATURE(S):
ACTION OF SOAKON August 13,Q02. APPROVED AS RECOMMENDED X�L OTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT None )
AYES: NOES:
ABSENT: _ ABSTAIN:
I hereby certify that this Is a true and correct
copy of an action taken and entered on the
RDB:eh
minutes of the Board of Supervisors on the G:\GrpData\RealProp\2002-Files\BOs&RES\BO12 Pulte.doc date shown.
Orig. Div: Public Works(RIP) ATTESTED:_ August 13, 2OQ2
Contact: Ron Babst(925)313-2226) JOHN SWEETEN,Clerk of the Board of
cc: County Administrator Supervisors and Co nt ministrator
Auditor-Controller(via R/P)
P.W.Accounting BY— w _ Deputy
Board Carders Senior Clerk,Adm.
Recorder(via RIP)
Subject: Drainage Area 107 Improvement Plan.
Date: August 13, 2002
Page: 2
I1. Financiallmpact:
Payment of$338,500 from Drainage Area 107 funds.
III. Reasons for Recommendations and Background:
As a condition of developing the Grantors' property,the Grantors were obligated to pay drainage
fees as required by the drainage fee ordinance for Drainage Area 107. Grantors were also
obligated to construct two detention basins. Grantors paid their required Drainage Area fees and
constructed the basins. Through this agreement and grant of easement, Grantor shall receive a
refund of paid fees equal to the eligible cost of constructing the basins ($338,500).
Grantors shall have the responsibility to maintain the basins. Through the grant of easement,the
Flood Control District shall have the right, but not the obligation, to observe and oversee all
maintenance, repairs, construction and reconstruction of the easement (basins) areas and to
enter onto the property for such purposes.
IV. Consequences of Negative Action:
The District will not have sufficient land rights for oversight of maintenance of the basins in
accordance with the adopted Drainage Area 107 Plan.
Recorded at the request of: r i
Contra Costa County Flood Control P
&Water Conservation District u
When Recorded Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez CA 94553
Attention: Ronald Babst
Assessor's Parcel No. 010-510-003,010-040-006&007
GRANT OF EASEMENT
Effective _,,�L�, t?+ , 2002 ("Effective Date"), for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, PULTE
HOME CORPORATION ("Pulte"), a Michigan corporation and BRENTWOOD COUNTRY
CLUB PARTNERS, L.P., a California limited partnership ("BCCP") (Pulte and BCCP
being collectively referred to herein as "Grantor") hereby grants to the CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a public body
corporate and politic ("District"), a perpetual, non-exclusive, easement and right of way for
flood control and storm water detention and drainage purposes ("Easement") including,
but not limited to, the construction, reconstruction, repair, maintenance and inspection of
two (2) detention basins, spillways and appurtenant facilities ("Flood Control Facilities"),
as part of a storm water drainage system, in, under, along and across that certain
property situated in the County of Contra Costa, State of California, described as follows:
LEGAL DESCRIPTIONS ARE ATTACHED AS EXHIBITS "A-1" & "A-2'°
MAPS ARE ATTACHED AS EXHIBITS "13-1", "13-21y, "D-111, 64D-2)f
The foregoing grant is made subject to the following terms and conditions:L�
The Property and Improvements. The Grantor's property subject to this Easement
(hereinafter the "Property") is part of Subdivision 7940 and is located within
Drainage Area 107. The Property is being developed by Grantor for use as an 18-
hole golf course, including landscaping, a clubhouse, driving range, parking lot and
related facilities ("Improvements"). The property is within the jurisdiction of the City
of Brentwood.
2. Scope of Easement. Grantor acknowledges and agrees that the primary use of the
Easement area is for flood control purposes. Grantor's right to use the subject
Easement area is secondary and subordinate to the District's primary use of the
Easement area. The District's use of the Easement area shall include, but is not
necessarily limited to, the construction, reconstruction, inspection, maintenance
and repair of the Flood Control Facilities and the detention, cpntainment and
confinement of storm waters, on a temporary basis, as needed.
3. District's Right of Ent[y. District shall have the right to inspect the Easement area,
including the Flood Control Facilities at any time to observe their construction,
reconstruction, function and state of maintenance and repair. District shall have the
right to enter upon the Easement with personnel (including employees and third
1
party contractors), vehicles and equipment for flood control purposes, together with
the right of ingress and egress over and across the remaining portion of Grantor's
Property insofar as such right of ingress and egress is necessary to the proper use
of the District's Easement. District shall give the Grantor reasonable notice of its
intent to enter onto the Property (which shall be no less than 48 hours, except in
cases of emergency, in which case no notice shall be required). Grantor, its agents
or employees may accompany District's representatives while they are on the
Property.
4. Grantor's Obligations.
A. Drainage Area Credit. As a condition of developing the subject Property, the
Grantor or Grantor's Assigns were obligated to pay certain drainage fees as
required by the drainage fee ordinance for Drainage Area 107 and Grantor
was obligated to construct two detention basins. Grantor has completed the
Flood Control Facilities and shall receive a Drainage Area Credit in the
amount of $338,500.00, as described in Exhibit C attached hereto and
incorporated herein by reference, which amount shall be a refund of fees
already paid by Grantor or Grantor's Assigns. District to make payment of
such amount as follows: $241,750 to BCCP; $95,750 to Pulte.
B. Maintenance. Grantor, at Grantor's sole cost and expense, shall maintain
the Easement area, including the Flood Control Facilities, in a manner
acceptable to the District in its sole discretion, including without limitation
the following: (i) if the District determines that the sediment load has
impacted the required storage volume or resulted in material adverse
regional drainage impacts, Grantor shall promptly remove the excess
siltation to the District's satisfaction; (ii) Grantor shall promptly repair all slip-
outs, erosion or other damage to the Easement area; (iii) Grantor shall
maintain the emergency spillways so that they are capable of passing the
100-year storm peak flow rate; and (iv) Grantor shall maintain the Flood
Control Facilities so that the detention basins drain adequately. The District
shall not require the Grantor to obtain any permits for routine maintenance
and repair work unless the District, in its sole discretion, determines that the
capacity of the detention basins or the quality of the water retained therein
may be materially and adversely impacted by such work.
C. Standard of Construction and Maintenance. Grantor shall perform all
construction, repairs and maintenance in a good and workmanlike manner
in accordance with District requirements.
D. District Oversight. District shall have the right, but not the obligation, to
observe and oversee all maintenance, repairs, constructions and
reconstructions of the Easement area and Flood Control Facilities and to
enter onto the property for such purposes. Grantor shall give the District
reasonable advance notice (which shall be no less than 48 hours, except in
cases of emergency) of any scheduled construction, maintenance, repairs
or replacements in or affecting the Easement area or Flood Control
Facilities.
2
5. Construction, Maintenance and Repair by District. The parties agree that Grantor
shall have the primary obligation to construct, repair and maintain the Flood
Control Facilities and the Easement area. However, if District determines that
Grantor has failed to construct or maintain the Flood Control Facilities or the
Easement area in the manner required by the District, District shall have the right,
but not the obligation, to perform any work District deems necessary, at District's
expense. Said work may be performed by the District, its agents, contractors,
subcontractors or employees.
A. Notice. Except in the case of an emergency or matters requiring attention
within less than thirty (30) days, prior to commencing construction, repair or
maintenance activities, District shall give Grantor thirty (30) days written
notice specifying the nature of the deficiency and the steps necessary to
correct the deficiency. If Grantor fails to correct the deficiency thirty (30)
days following the mailing of such notice (or, if more than thirty days is
required to cure the deficiency, if Grantor fails to commence to cure the
deficiency within the thirty day period and thereafter to complete the
correction within a reasonable time), District may perform or complete any
work deemed necessary by the District. District shall have the right to make
emergency repairs in the Easement area whenever deemed necessary by
the District and without notice to the Grantor. If District determines that the
applicable deficiency must be cured in less than thirty (30) days, District will
endeavor to give Grantor whatever notice and opportunity to cure as District
deems appropriate under the circumstances before proceeding to cure the
deficiency.
B. Hold Harmless. Grantor shall save, protect, defend and hold harmless
District from and against any and all damages to or destruction of the
Property or Improvements arising out of or connected with the District's
construction, repair or maintenance activities save and except to the extent
that such damage is caused by the sole willful misconduct of the District, its
agents, contractors, subcontractors or employees.
6. Use of Easement Area by Grantor. To the extent that such use does not interfere
with the purpose of this Easement, Grantor may use the Property subject to the
Easement for golf course related purposes or any other consistent use. Grantor
shall not use the Property or the Easement area for any purpose which is
inconsistent or interferes with the purpose of this Easement or approved drainage
patterns as shown on the contour maps attached hereto as Exhibits D-1 and D-2,
without the District's prior written approval, which may be granted or withheld in
District's sole discretion. If the District determines that a proposed use of the
Property or the Easement area may adversely affect the Flood Control Facilities or
drainage patterns, District may, as a condition of such use, require that the Grantor
provide alternate flood control or drainage facilities with equivalent functional
values and Grantor shall provide such facilities. Nothing herein contained shall
require District to approve a use of the Property or the Easement area which is
inconsistent or interferes with the approved drainage patterns or the purpose of
this Easement.
7. Indemnification. Grantor agrees that Grantor shall never have, claim or assert
any right or action against District in the event of damage to or disruption or
3
destruction of Grantor's facilities caused or contributed to by flooding or water.
Grantor shall indemnify, save, protect, defend and hold harmless District, its
boards, officers, agents, contractors, subcontractors and employees from and
against any and all loss, liability, expense, claims, costs, suits and damages,
including attorneys fees, resulting from damage to or disruption or destruction of
the Property or Improvements or the use thereof, caused by flooding, the Flood
Control Facilities or other use of this Easement. In addition, Grantor shall
indemnify, save, protect, defend and hold harmless District, its boards, officers,
agents, contractors, subcontractors and employees from and against any and all
loss, liability, expense, claims, costs, suits and damages, including attorneys
fees, resulting from any other damage, taking or injury to property (including
inverse condemnation) or the injury or death of any person, if such damage
arises directly or indirectly from or is in any way connected with any of the
following: (i) The Grantor's performance of or failure to perform any obligation,
term or condition of this Easement, including but not limited to those relating to
the design, construction, repair or maintenance of the Easement area or the
Flood Control Facilities; (ii) The Grantor's design, construction, maintenance and
operation of the Grantor's Property or the Improvements; (iii) any third party
challenge regarding Grantor's use of the Property or the Easement area,
including, without limitation, those relating to health, safety, noise, environmental
protection, waste disposal or water and air quality.
8. Insurance.
A. Grantor to Cagy Insurance. Grantor shall take out and maintain, for so
long as this Easement exists, all the insurance required by this section
and shall submit certificates annually verifying coverage for review and
approval by District. The certificates shall be on forms provided by District
or the insurance carrier. Acceptance of the certificates shall not relieve
Grantor of any of the insurance requirements, nor decrease the liability of
Grantor. District reserves the right to require Grantor to provide insurance
policies for review by District.
B. Worker's Compensation insurance. Grantor shall take out and maintain
Worker's Compensation and Employer's Liability Insurance for all of its
employees performing work on the Property, the Improvements, the
Easement area or the Flood Control Facilities. Grantor shall require any
subcontractor to provide it with evidence of Worker's Compensation and
Employer's Liability Insurance, all in compliance with California State laws.
C. Public Liability Insurance. Grantor shall take out and maintain
Comprehensive Automobile and General Liability Insurance that provides
protection from claims which may arise from Grantor's operations or
performance under this Grant of Easement. Grantor shall require any
contractor or subcontractor it hires to perform work under this Easement
to provide evidence of the same liability insurance coverage. The amounts
of insurance shall be not less than the following: Single Limit Coverage
applying to Bodily and Personal Injury Liability and Property Damage:
$1,000,000 per occurrence.
4
D. Endorsements. The following endorsements must be provided in the
Automobile and General Liability insurance policies described above:
(1) The District, its boards, officers and employees are additional
insureds under the policy;
(2) The coverage is primary and no other insurance carried by District
will be called upon to contribute to a loss under this coverage;
(3) The insurance company waives any rights of subrogation against
the District which might arise by reason of any payment under the
policy;
(4) The policy covers blanket contractual liability;
(5) The policy limits of liability are provided on an occurrence basis;
(8) The policy covers broad form property damage liability;
(7) The policy covers personal injury as well as bodily injury liability;
(8) The policy covers explosion, collapse and underground hazards;
(9) The policy covers products and completed operations;
(10) The policy covers use of non-owned automobiles;
(11) The coverage shall not be canceled nor materially altered unless
30 day's written notice is given to District.
E. Failure of Coverage. If the Grantor fails or refuses to take out and
maintain any and all of the insurance as aforesaid, the District may, at its
option, obtain such insurance in which case Grantor shall reimburse
District for this expense demand. In the event Grantor fails or refuses to
take out and maintain any and all of the insurance as aforesaid, or fails to
reimburse the District under the circumstances described above, Grantor
shall no longer have the right to use any portion of the Easement area for
any purpose, shall remove all Improvements from the Easement area, and
thereafter this shall be deemed an exclusive easement for use by the
District and only District shall have the right to use the Easement area for
the purposes identified herein.
9. General Provisions
A. Binding on Successors and Assigns. This Easement shall be binding
upon and shall inure to the benefit of the parties hereto, their respective
legal representatives, successors in interest and permitted assigns.
B. Severability. If any terms or conditions of this Easement are determined
by a court of competent jurisdiction to be unenforceable, such
unenforceability shall not invalidate the whole Easement, but the
5
Easement shall be construed as if not containing the unenforceable term
or condition and the rights and obligations of the parties shall be
construed and enforced accordingly.
C. Authority to Execute. Any person executing this Easement in a
representative capacity expressly represents and warrants that he or she
has the authority to execute this Easement on behalf of his or her principal
and that upon execution, the principal shall be bound by each and every
term hereof.
D. LegalNotices. Any notice required to be given to District hereunder will
be sufficient if delivered in writing as follows:
Contra Costa County Flood Control
& Water Conservation District
255 Glacier Drive
Martinez, CA 94553
Any notice required to be given to Grantor hereunder will be sufficient if
delivered in writing as follows:
Pulte Home Corporation Brentwood Country Club Partners
455 Concord Avenue 3820 Blackhawk Drive
Brentwood, CA 94513 Danville, CA 94506
Attn. Lisa A. Erker Attn. Earl Callison
E. California Law. This Easement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any
legal action pertaining to this Easement shall be Contra Costa County,
California.
F. Representation by Counsel. The parties hereto each acknowledge that
they have been represented in the negotiations for, and in the preparation
of, this Easement by counsel of their own choosing; that they have read
this Easement or have had it read to them by their counsel; and that they
are fully aware of and understand its contents and its legal effect.
Accordingly, this Easement shall not be construed against any party, and
the usual rule of construction that an Easement is construed against the
party which drafted it, shall not apply.
G. Entire Agreement. This is the entire agreement between the parties.
Neither party has relied on any promise or representation not contained in
this Grant of Easement. All previous conversations, negotiations, and
understandings are of no further force or effect. This Easement may be
modified only by a writing signed by both parties. The headings of the
paragraphs are for convenience only and are not a part of this Easement,
nor shall they be considered in construing the intent of this Easement.
6
IN WITNESS WHEREOF, the parties hereto have executed this Easement as of
the Effective Date.
CONTRA COSTA COUNTY FLOOD GRANTOR
CONTROL & WATER CONSERVATION PULTE HOME CORPORATION,
DISTRICT a MichigjCoion.
B
Ch €r,, oard of Supervisors Its
By ..
By 1. w. Its !
�3eputy Clerk
BRENTWOOD COUNTRY CLUB
PARTNERS, L. P. a California
Approved as to form: Limited Partnership.
Silvana B. Marchesi, County Counsel
BCKHAWK GOLF DEVELOP-
MENT GROUP OF BRENTWOOD
INC., a California Corporation, its
By General Partner.
Deputy By
its
1t 5
SIGNATURES MUST BE NOTARIZED
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On before me,John Sweeten,
Clerk of the Board of Supervisors and County
Administrator,Contra Costa County,personally
appeared who is personally
known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose
name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(les),
and that by his/her/their signature(s)on the
instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the instrument.
By: - .
�' De uty Clerk
RDB:eh
G:\GrpOata\RealProp12002-Files\02-6\EA4 Pulte Home Corporation.doc
6/10/02
EXHIBIT A-1 &A-2- Legal Descriptions
EXHIBITS B-1 &B-2-Maps
EXHIBIT C—Calculation of Drainage Credit
EXHIBIT D1 —Contour Map North Basin
EXHIBIT D2 —Contour Map South Basin
7
_.
State of Q41ifornia
County of
On � before m, undersi a Notary Public in and
for said State, personally appeared
r
personally known to n-e (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instnzrent
and acknowledged to me that he/she/they executed the sarm in his/her/their
authorized capacity(ies) , and that by his/her/their signature(s) on the
i.nstn7t the person(s) , or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. KRISTI L.F'W'
Commission#1303902
< NOWY Public---Celifomia
tour e runcr�coscl county
Si
MY Comm.Mires jun 6,2006
Nam
(typed or printed (Seal)
State of ifornia
County of
before rte, the undersigned, a Notary Public in and
for said 8ta-e, personally appeared
personally known to rre (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose nacre(s) is/are subscribed to the within instrument
and ack:u ledged to we that he/she/they executed the same in his/her/their
authorized capacity(ies) , and that by his/her/their signatures) on the
instrLuTent the person(s), or the entity upon behalf of which the person(s)
acted.., executed the instrmlent.
WILMSS my hand and official seal. KRISn L.Fitt
Cornmission#13039(}2
Notary Public—California
7 `-i Contra Costa County
Signature hxy Cnrnm.i xp'sres Jun 5,2005
(typed or prin (Seal)
.d1 ..—:
mIS'E`t L.FRY
Commission#1303902
Notary Public—Califamia
Contra Costa County
Q,My Comm.E*MO,Jun 5,30015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On before me4
ate Name end of Offs r(e.g., „ane boa,Nylary,Public",
personally appeared
Name(s)of Signe s)
rI ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the perso5ky whose names is/4k"
� LORNA DOYL subscribed to the within instrument and
COMMISSION#1265365 acknowledged to me that he/ 1,#Ay executed
NOTARY PUBLIC—CALIFORNIA s'ds the same in his/ rl �r authorised
` CONTRA COSTA COUNTY'" e�
COMM.EXPIRES nlAv ?,7nna capacityQ%� and that by hid /t3 it
signature*1"n the instrument the persoA<or
the entity upon behalf of which the perso�
acted, executed the instrument.
WITNESS my hand and of lolal seal.
Piece Notary Seal Above Signaturffof Notary P##1
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Ahmed Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
hers J
❑ Corporate Officer—Title{s}: Top of Chumtl
❑ Partner—❑Limited ❑General
❑ Attorney in Fact
D Trustee I
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01986 National Notary Association•9350 De Sero Ave..P.O.Box 2402.Chaiswonh,CA 91313.2402•www.natimatnowrsf.org Prod.No,5907 Reorder.Call Toil-Free 1-800.876.6827
CALIFORNIA ALL-PURPOSE ACKNOWL.EDOMENT
State of California
County of ss.
t
On before mei
t mat w.. Na. e a OfHaar{a.g.,"J ne otary bfi
personally appeared r r`
Name{s a S4 n$r(a)
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person whose names is
LC?F2NA DCYLE subscribed to t6ei within instrument a�
`
COMMISSION#12653653,, acknowledged to me that he/s executed
+e NOTARY PUBLIC-CALIFORNIA a
CONTRA COSTA COUNTY` the same in his/ authorized
COMM.EXPIRES MAY 27, 2004 capacity(I , and tha hisit
signaturen the 'instrument the person{ r
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and offici I seal.
Place Notary Seal Above signature of-No Publi
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: plumber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
here
ElCorporate Officer Titles): Tap of thumb
❑ Partner•---❑Limited ❑General
❑ Attorney in Fact
L] Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01898 National Notary Asswatior,•9350 Da Sato Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402•www.nationainatery.org Prod.No.5907 Reorder Call Toll-Free 1-600-876-6827
RBF Consulting Revised May 21,2001
May 11, 2001
.3N 35--100033
Page 1 of 2
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A-1"
LEGAL DESCRIPTION
DA 107 NORTH BASIN
BRENTWOOD COUNTRY CLUB
HOLE 3
That certain parcel of land situated in the City of Brentwood, County of Contra
Costa, State of California, being all of "X" as shown on that certain map of
Tract 8085 filed March 7, 2001 in Book 428 of Maps at Page 25 in the Office of
the County Recorder of said Contra Costa County, being described as follows:
BEGINNING at the easterly corner of said Parcel "X, said point also being the
northerly corner of Lot 217 of said Tract 8085; thence South 43035' 3.9" West
1557.00 feet; thence South 46024'41" East 87.01 feet to a point on a non-tangent
curve concave northwesterly and having a radius of 185.00 feet, a radial line of
said curve from said point bears North 24048'43" West; thence along said curve
westerly 82.48 feet through a central angle of 25032'43."; thence tangent from
said curve North 89016'02" West 181.14 feet to the beginning of a tangent curve
concave northeasterly and having a radius of 185.00 feet; thence along said curve
northwesterly 118.07 feet through a central angle of 36°34'05"; thence radial
from said curve North 37018'03" East 20.00 feet to a point on a non-tangent curve
concave northeasterly and having a radius of 165.00 feet, said curve being
concentric with and 20.00 feet northeasterly of last said curve, a radial line
of said concentric curve from said point bears North 37018103" East; thence along
said curve northwesterly 40.67 feet through a central angle of 14007 ` 17"; thence
tangent from said curve worth 38°34'40" West 58.35 feet; thence
South 51025120" West 20.00 feet; thence North 38`34'40" West 9.28 feet; thence
North 43035119" East 1009.34 feet; thence North 66°02' 18" East 94.37 feet; thence
North 52°461491" East 655.40 feet; thence North 49024'03" West 102.30 feet; thence
North 52°46149" East 3.57 feet to the beginning of a tangent curve concave
southerly and having a radius of 25.00 feet; thence along said curve easterly and
southeasterly 35.08 feet through a central angle of 80°24'21" to a point of
reverse curvature with a curve concave northeasterly and having a radius of
215.00 feet, a radial line of said curve frog said point bears--
North 43011110" East; thence along said curve southeasterly 58.93 feet through
a central angle of 15°42 ' 18"; thence tangent from said curve South 62°31 '023" East
27.85 feet to the beginning of a tangent curve concave southwesterly and havi-99
a radius of 1.85.00 feet; thence along said curve southeasterly 52.01 feet through
Pdata\35100033\office\wpwin\legals\25.wpd
RBF Consulting Revised May 21,2001
May 11, 2001
JN 35-100033
Page 2 of 2
a central angle of 16006'27" ; thence tangent from said curve South 46°24141" East
11.0.14 feet to the POINT OF BEGINNING.
CONTAINING 13.18 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements--of Record.
EXHIBIT "B-1" attached and by this reference made a part hereof.
LAND 5 �
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Pdata\35100033\office\wpwin\legals\25.wpd
RBF CONSULTING
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A-2"
Revised May 22, 2001
December 27, 2000
JN 35-100033.23
Page 1 of 1
LEGAL DESCRIPTION
DA 107 SOUTH BASIN
BRENTWOOD COUNTRY CLUB
HOLES 5 AND 6
That certain parcel of land situated in the City of Brentwood, County of Contra
Costa, State of California, being that portion of Parcels 1 and 2 as described in
the Grant Deed recorded March 1, 1995 as Recorder's Series No. 95-032746 of Official
Records and as shown on that certain map filed October 27, 1998 in Book 114 of Land
Surveyor's gaps at Pages 21 through 31, both in the Office of the County Recorder
of said Contra Costa County, being described as follows.
BEGINNING at a point in the westerly line of said Marcel 2, distant thereon
South 00°08118" West 140.90 feet from the northwest corner thereof; thence
South 89°51'42" East 25.69 feet; thence South 00005'31" East 100.00 feet to a line
parallel with and 241.00 feet southerly of the northerly line of said Parcel 2;
thence along said parallel line North 89°54'29" East 1013.72 feet; thence
South 52008'09" East 91.31 feet; thence North 88044138" East 144.03 feet; thence
South 11.025128" East 174.02 feet to the beginning of a tangent curve concave
westerly and having a radius of 205.00 feet; thence along said curve southerly
154.94 feet through a central angle of 43018'15"; thence tangent from said curve
South 31052147" West 123.79 feet; thence South 89054'29" West 149.65 feet; thence
South 71015'12" West 75.99 feet to a line parallel with and 241.00 feet northerly
of the southerly line of said Parcel 1; thence along said parallel line
South 89°54'29" West 350.00 feet; thence North 83°19138" West 146.04 feet; thence
North 85°14'28" West 83.48 feet; thence North 89048'47" West 340.00 feet; thence
North 00°11'13" East 436.27 feet; thence North 89048147" West 59.70 feet to said
westerly line of said Parcel 2; thence along said westerly line North 0000811811 East
141.10 feet to the POINT OF BEGINNING.
CONTAINING: 13.449 Acres, more or Tess.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT "B-2" attached and by this reference made a part hereof.
t SRIF
go. 5816 Patrick J. Tami , P.L.S. 316
E x L 6,
CA#.�� � ~
B4O . B
217
275 SCALE: 1"=250'
C6 214
273
C 4 212
211
L 1 1 902 1' 210
101 FC5 200 208
! 180 � e 207
sr
SSr u'�y+ 205
tan
205
U.
187 �y 204
766 J}✓ �j203
186 1 1 t� 202
207
184 ��'' '�
3� 200
193 a� 700
182
198
181 197
LINE TABLE
180 198 N24'48'43"W
---------------------------
179 �'}r�y 198 �Y
NO. BEARING D DISTANCE f� 178
--------------------------- `� 177
L1 S89"16'02 E18114' 176 11� N46'40'52`"E
L2 N37' 18 03"E 20.00'
L3 N38°34'40"W 58.35 776 ���� {R}
L4 S51°25'20"W 20.00' —'
L5 N38°34'40"W 9.28 r 174
L5 N6 °02'18"E 94.37'
L7 N49`24'03"W 102.30' 773 AL2
L8 N62'31 '08"W 27.85' 172 C3
L9 N46'24'41"W 110. 14' 777 C>'
L 10 N4c'24 41"W 87.01
L11 N52'46'49"'E 3.57' L4
760
�`--L5
ARC TABLE
-------------------------------------
N0. DELTA RADIUS LENGTH
-------------------------------
C1 25'32'41" 185.00' 82.48'
C2 35`34'05" 185.00' 118.07'
C3 14`07' 17" 165.00' 40.67'
C4 80'24'21" 25.00' 35.08'
C5 15'42' 18" 215.00' 58.93'
06 16'05'27" 185.00' 52.01 '
EXHIBIT "B-1"
LQf'OA"L C1f�{5pC/R}IP}TIom ;-OR y j ()j� SNEET`4 Of` I
SRENTWOOD CO NTR C LU, f BFFLAIthi/JlI 6CSIIIN ca.-fI J[SY50N
HOLE 3
MW NOFi1}i BROADWAY,SUM 2143
M ! i WAIN r C„ME'3K.CAL '+A 94.505
Cr'M N 5 U t,"'Ti N G 425.006.1480• FAX 925,908.1483 . wwwAsr-lcc n
CONTAINING: 11. 18 AGRESf �Ar �s. aaoi ✓.N. �$-1a0ass
(N15*20.00' �s' � °J} "4
t► 286. -?s SCALE, 1 ti 20000 '
056*f 6 (N00'40' �w
16=4j* 15 136.76')
S11'25'28E L. 154.94 113 �j�y
174.02'
S3r'S2'47"tY
123.79`
N85'44'38"E
144.03' f
I
P419F54''29-W.
65
S52'08'09"E
S71'15'12'9
241'
{ t1 241' { r
10
yx
6
IQ
4x 146.04' ch
h �
e» N86'14'28"1V
8:3.48'
f :10, �
SOO'05',31 E � Ex;L
100.00` N89'48`4 -j rn
589'51'42"E 55.70'
C140,90'
.65' ' 0 CA41�
1V O'r1'1.3 E 436.27' "
141. 10'
(624.06') (359..94') t�
a
(NOO'08'18E 984,02') PER 114 LSM 21-31 1 r��1�'rL "L L
V3DJV13101Y 794 0
4YO IV 35-59
EXHIBIT "B-2"2" NOTE.
-
HOLE 5 AND 6
LEGAL DESCRIPr10N rOR RECORD DATA PER 174 LSM .21-31 SHEET 1 of 1
BRENTWOOD'COUNTRY CLUB
HOLES .5 AND 6
IM MORM WCAGWAY,MM X96
wxjwC crem C. $Awe
CONTAINING: f 3.409 ACRES± J-,N. fir—lmv
tG(Y 10, 2(x]1
H �1DATA f.35100103.1 717)4191 rS}6t Off.DWG
EXHIBIT C
DRAINAGE AREA CREDIT
Quantity Unit Unit Price
NORTH BASIN:
Excavation 19,400 CY $2 $39,000
36" Outlet Pie 8761 LF 90 $79,000
-Primary Spillway Outlet Structure =L $8,0001 $8,000
Basin Outlet Structure 1 LS $5,000 $5,000
1-gm—e—rgency Spillway 1 LS $10,0001, $10,000
Access Manholes 3 $4,000 $12,000
Ri ht of Way 2.6 AC $25,000 $65,000
Subtotal North Basin $218,000
SOUTH BASIN:
[ Excavation 75,800 CY 2 $152,000
136" Outlet Pie 290 LF $90 $26,000
Nutlet Structure with Flap Gate 1 LS $10,000 $10,000
Basin Outlet Structure 1 LS $5,000 $5,000
Emergency Spillway 1 LS $10,0001 $10,000-
Right
10,000Ri ht of Way 9 AC $25,0001 $225,000
Subtotal South Bann $418,000
Subtotal North & South Basins $636,000
Developer Engineering 7% of$346,000 $24,000
City Fees 5% of$346,000 $17,000
Total North & South Basin $677,000
Discount for RegionaltSubregional Benefit $338,500
50%
Net Regional Cost Share $338,500
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