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Home My WebLink AboutMINUTES - 09142004 - C16 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: September 14, 2004 SUBJECT: Accepting Offer of Dedication for RA 00-01103 (cross-reference Subdivision 95-07984) for Slope Easement. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 466 for RA 00-01103 (cross-reference Subdivision 95-07984),accepting offer of dedication for slope easement, being developed by Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATIONN: The developer, Shapell Industries of Northern California, has constructed roadway improvements to Dougherty Road in accordance with conditions of approval for Subdivision 95-07984(Gale Ranch Phase Il). A small portion of the slope supporting the new road improvements for RA 00-01103 lie within previously undeveloped parcels of Subdivisions 7010 and 7015. CONSEQUENCES OF NEGATIVE ACTION: Without properly recorded easement,a portion of the road would remain without public rights to maintain the slope supporting the road. r. Continued on Attachment_ Signature: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ;/APPROVE THER s SIGNATURE(S): ACTION OF 1B ON APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of JY:rm an action taken and entered on the minutes of the G:IGrpData\EngSvc\BO`2004\09-14-041RA 1103 Order-2.doc Board of Supervisors on the date shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) cc: Current Planning,Community Development Shapell Industries,Inc. Attn:SATTESTED: SEPTEMBER 14 2004 Atm:S.Worden and S.Savage � loo N.Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors Milpitas,CA 95035 City of San Ramon and County Administrator Attn:C.Low and R.Wui 3180 Crow Canyon Place,Ste 140 San Ramon,CA 94583 By -=,Deputy Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 14, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMAA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041466 SUBJECT: Acceptance of Offer of Dedication for Slope Easement, for RA 00-01103 (cross-reference ;Subdivision 7984),being developed by Shapell Industries,Inc.,San Ramon(Dougherty Valley)area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Offer of Dedication RA 00-01103 (cross- Shapell Industries, Inc., San Ramon III For Slope Easement reference SUB 7984, a Delaware Corp. (Dougherty Valley) SUB 7015, and SUB 7010) APN: 217-060-020 217401-046 217-401-045 IY:rm I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc\BO�2004109-14-04',RA 1103 BO-27-2.doc Originator; Public works(ES) taken and entered on the minutes of the Board of Supervisors Contact:Teri Ria(313-2363) on the date shown. Recording to be completed by COB cc: Current Planning;Community Development Shapell Industries, en ATTESTED: SEPTIIKBER I4 2004 Atm:S.4Vorden&S.Savage + load.Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and Milpitas, 95035 City of San Ramonon County Administrator Attn:C.Loi.R R.Wui 3180 Crow Canyon Place,Ste 140 San Ramon.CA 9458_+ By. ,Deputy RESOLUTION NO.2004/ 466 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2004-0358013-00 Engineering Smices Division Thursday, SEP 16, 2004 10:00:42 �J Return to: FRE $0.00 Contra Costa County Tt I Pd $0,00 Nbr 0002338007 Public Works Department - Records Section I r e!R9!1—6 Area: San Ramon(Dougherty Valley) Road: Dougherty Road Co.Road No.: N/A Development:RA 1103,Subdivisions 7010&7015 c7Li, APN:217-060-020,217-401-045&46 i OFFER OF DEDICATION- SLOPE EASEMENT I,Shapell Industries Inc.,a Delaware Corp.,the undersigned,being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to CONTRA COSTA COUNTY and its successors or assigns,an easement for the construction of slope easements for street and highway purposes, including access and maintenance of work, improvements and structures, whether covered or open, and the clearing of obstructions and vegetation, upon the real property situated in the County of Contra Costa, State of California, described in Exhibit"A"(written description)and shown on Exhibit"B"(plat map)attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing body of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon the heirs,successors,assigns, and personal representatives of the respective parties hereto. The undersigned executed this instrument on L' t� (Date). (Signature)By (Print Name/Titl (Signature)$y (Print Name/Title) ZIP (See attached notary) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California a County of Santa Clara On January 8,2004,before me, Janice T. Kruse,Notary Public personally appeared J.C. Truebridge& Mark Westphal,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the '\ instrument the persons,or the entity upon behalf of which the persons acted, executed the s` instrument. ... ...dh a JAWCE T.Commission# 1318b97 Notary i�ubiic•Cca►ttornia h WITNESS my hand and official seal. Saattcs Ckyra Ccuiitr Signature of Notary Public (S Optional Information Title or Type of Document: Offer of Dedication—Slope Easement—Tr. 7010& 7015 l Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ` Shapell Industries,Inc. r. EXHIBIT"A" PAGE 1 OF 1 9-5-2002 F.C.I. SUBDIVISION 7010-PARCEL`I-1'& SUBDIVISION 7015-PARCEL`A' DESCRIPTION SLOPE EASEMENT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA, BEING OVER AND ACROSS PORTIONS OF THOSE CERTAIN PARCELS OF LAND KNOWN AS: "PARCEL 'H"'OF"SUBDIVISION 701(1, WESTBRANCH„ AS FILED ON THE 61'-DAY OF SEPTEMBER, 1989 IN BOOK 336 OF MAPS, AT PAGES 46 TO 52, INCLUSIVE, CONTRA COSTA COUNTY RECORDS,AND: "PARCEL A"'OF"SUBDIVISION 7015, WEST BRANCH"AS FILED ON THE 7T—"DAY OF SEPTEMBER, 1989 IN BOOK 337 OF MAPS,AT PAGES 4 TO 11, INCLUSIVE,CONTRA COSTA COUNTY RECORDS, FOR PURPOSES OF A SLOPE EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERN CORNER OF SAID "PARCEL `H'; THENCE ALONG THE NORTHWESTERN PROPERTY LINE OF SAID "PAROL `H'" NORTH 39°34'20" EAST 74.28 FEET; THENCE DEPARTING FROM SAID NORTHWESTERN PROPERTY LINE TRAVERSING THROUGH SAID "PARCEL `H"AND ENTERING SAID "PARCEL A" SOUTH 17006'13"EAST 232.30 FEET TO A POINT ON THE SOUTHERN PROPERTY LINE OF SAID "PARCEL A";THENCE ALONG SAID SOUTHERN PROPERTY LINE SOUTH 62033'06"WEST 38.99 FEET TO THE MOST SOUTHERN PROPERTY CORNER OF SAID "PARCEL A"'; THENCE ALONG THE WESTERN PROPERTY LINE OF SAID "PARCEL A"' AND CONTINUING ALONG THE WESTERN PROPERTY LINE OF SAID "PARCEL 'H"'NORTH 23°54'51"WEST 199.91 FEET TO SAID POINT OF BEGINNING. CONTAINING 11,099 SQUARE FEET, 0.255 ACRES, MORE OR LESS. OVER &ACROSS PORTIONS OF: ASSESSOR'S PARCEL Nos, 217-060-020 AND 217-401-045 & -046. END OF DESCRIPTION � .M Y y y°�#�'-t+ ;r Ns PREPARED BY: F�kED C. ING NSED DATE PROFESSIONAL LAND SURVEYOR No. 5859, LICENSE EXPIRES: 12-31-2004 G:SAdminQobs-01101104&Survey\slope-esmt.doc Ruggeri—Jensen—Azar c& Associates 4690 CHAsoT DRIVE,SUITE 200,PLEASANTON,CA 94588 PHONE: (925)227-9100 0 FAx: (925)227-9300 _ ......._. ......... ......... ......... ......... . .. ...... 11.11_. __ __ _ ............................................................. ...._.... _........ _.......1....__111._. ......... ......... ................ .. _ _ _. _. DOUGHERTY ROAD FO —N — , 't 0 PARCEL A r� SUB 7015 02 PARCEL f7M51 , C�1 SUB 7010 336 M 46 � c�1 C n CO ;n � _ X443 fi g. 100 0�5 LEGEIV P.O.B. POINT OF BEGINNING RW RIGHT OF WAY SLE SLOPE EASEMENT G+\GA EPH2\991084E\GZFINAt.MAPS\Plats\Dougherty-SLE.dwg PLAT TO ACCOMPANY leiri -� LEGAL 'DESCRIPTIONseriar & Associates 590 CHAB07 DRIVE, SUITE 200 • PLEASANTON, CA 94586 HONE: (925) 227-9100• FAX: (925) 227-9.340 SCALE. DATE: ,IUB NO.. CONTRA COSTA COUNTY, CALIFORNIA i"=50' $--3-02 011(348