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HomeMy WebLinkAboutMINUTES - 09142004 - C22 TO: BOARD E . O O SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: September 14, 2004 SUBJECT: Acceptance of Offer of Dedication for Roadway Purposes, for RA 00-01094. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 472 for RA 00-01094(cross-reference Subdivision 8620), acceptance of offer of dedication for roadway purposes, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The developer,Windemere BLC Land Company,LLC,has provided an offer of dedication for a portion of widened sidewalk to be within public Right-of-Way as part of a trail connection. CONSEQUENCES OF NEGATIVE ACTION: A portion of sidewalk will not be within public Right-of-Way. Continued on Attachment_ Signature: _ COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE THER SIGNATURE(S): - ACTION OF B07 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:rrtr an action taken and entered on the minutes of the G:\GrpData\EngSve\BO\2004\09-14-04\RA 1094 Order.doc Board of Supervisors on the date Shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) cc: Current Planning,Community Development Department Windemere BLC Lana Company,LLC ATTESTED: SEPTEMBER 14, 2004 3130 Crow Canyon Place,#310 San Ramon,CA 94583 JOHN SWEETEN, Clerk of the Board of Supervisors Atm:Brian Olin and County Administrator 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, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 472 SUBJECT: Acceptance of Offer of Dedication for Roadway Purposes, for RA 00-01094 (cross- reference Subdivision 8620),being developed by Windemere BLC Land Company,LLC,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 for RA 00-01094(cross- Windemere BLC San Ramon III Roadway Purposes reference SUB 8620) Land Company, (Dougherty Ballinger Canyon Road LLC Valley) &East Branch Parkway I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of LT:mt Supervisors on the date shown. G:1GrpData\Lng$ve�BO\2004\09-14-04FRA 1094 B0-30.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB cc: Current Planning,CormRu ity Development Department ATTESTED: SEPTEMBER 14, 2004 WitdeBLC Land cnPpae,#310 LLC 3130 Crow Canyon Place, JOHN SWEETEN, I?Clerk of the Board of Supervisors and 3130 ,at San Ramn,CA 94583 County Administrator Atrn:Brian Olin By Deputy RESOLUTION NO.20041 472 Recorded at the request of: f 111111111111 Contra Costa County � Surd of Supervisors CONTRA COSTA Co Reorder Office Retro to; STEPHEN L, WEIR Clerk-Recorder Public Works Department Engineering Services Division DOC— 2004--0358012-00 Records Section Thursday, FRE SEP 16, 2004 08:59:34 Area: Satz RaMon>(ou�rty Valley) $0.00 Road: Rodin eg r Canyon Road&East Branch Parkway Tt l Pd $p.O$ Nbr`0002338095 Co.Road No.: RA 1094 Ira/RS/1-11 Development No.: SUB 8620 APN: (223-100-057) OFFER OF DEDICATION-ROAD PURPOSES Winde ere BLC Land Company,L.L.C. ' 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, a political subdivision of the State of California and its successors or assigns,for street,highway landscaping and other public purposes, including maintenance thereof,the fee title to real property situated in the County of Contra Costa, State of California, as described in Exhibit "A" (written description) and as 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 bodies of its successors or assigns. The provisions hereof shall inure to the benefit of Contra Costa County and its successors or assigns and will be binding upon the title owner of record and that owner's heirs, successors or assigns. The undersigned executed this instrument on 441,ov-i� e-00VI &✓V-tar Z7 xaoy (See attached signature page & notary) JDAPA rm GAGrpDaWEngSvc\Fonns',OF WORMOF-6.doc Ret- May 1.2003 Approsed by County Counsel-4/29!03 ......................... SIGNATURE EAGE FOR OFFER OF nEDICATION Windemere BLC Land Company LLC, a California limited liability company By: Brookfield Bay Area Holdings LLC, a Del . itedNA1lit`Y-V—WTV.'�W ffiber By: David Luebkeman Its: Vice Presider)rl kar eT hmarcial zlfl�e By: Its: J. Ryan I reskiefft- By: Centex Homes, a Nevada general partnership,Member By: Centex Real Estate Corporation, a Nevada corporation aging General Partner ZIttw s By: LEN-OBS Windemere, LLC, a Delaware limited liability company Member By: Lennar Homes of California,Inc., a California corporation ,Managin Member By: Its: Ow LA&wN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ` State of Califomia ��,, Ss. County of t vim, ` On o-Ar.2-Mq before me, Y C.., &ams f,. Date Name and Titre of Officer(e.g.,"Jane Doe,Notary Public') personally appeared } <� j Names)of Signer(s) F�personally known to me ❑ proved to me on the basis of satisfactory r: evidence to be the person(mss` whose name( ar subscribed to the within insment and acknowledged to me that th executed the same in h' he'sr author' d capacit ie and that by the rN signature(Don the instrument the persona or the entity upon behalf of which the persorQ ' tr aA iriloei 141"78 +� acted, executed the instrument. WITNESS my hand anj offic` t seai.. Signature of Notary Putdic OPTIONAL ' Though the information below is not required by law,it may prove valuable to persons retying 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: Signers)Other Than Named Above: s Capacity(es)Claimed by Signer Signer's Name: El Individual Top of thumb here Corporate Officer—Title{s): 0 Partner--C7 Limited ❑General O Attorney-in-Pact C Trustee D Guardian or Conservator ; 11 Other: Signer Is Representing: ti'1999 National Notary Asso:00.1•9350 De Soto Ave„PO,Pox 2402•Ctutswodn,CA 91313-2402+www.natwnatnotary.org Prod.No.5907 Reorder:Call Toff-Free 1-8M875-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On August 27-2004 before me, Jackie A. Nelson, Notary Public personally appeared R. John Ochsner ,personally known tome 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 the behalf of which the person acted, executed the instrument. WITNESS my hand and official seal JAME A. t3rvtlu #135z8so �vtrrARr ru�rxr.c.Ati�o� fA Mk ATURE OF NOTARY PUBLIC e A. Nelson My Commission Expires April 22, 2006 OPTIONAL Though law does not require the data below, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT _ Individual Corporate Officer Title or Type of Document Number of gages Signer is representing. Name of Person or Entity{les) Date of Document Centex Hames _Northern CA Division Signer(s) other than named above 2627 +Gamma► Ramon, Ste. 100 San Raman, CA 94683 Signer(s) other than named above ......... ......... ..._..... .._.._... . ..._._. . .._.. ._.. _ .. ....... ........ ......... ....... ........ ....... ........................ . _....... ...__..... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of i On tYd fit , 7_,� ( before me,�PFPQ&,`� t._ t`1F 7LtirFL.` , ti>Nt r r.Y re-6_+ Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public") — � personally appeared # lcaf'.lK'_`�c Name(s)of Signwts) Xpersonalty known to me ❑ proved to me on the basis of satisfactory evidence i to be the persona) whose name( is/a+e•- KAREN L. KEENAN subscribed to the within instrument and Commission# 1378827 1 acknowledged to me that he/AeA"executed °.� ;; Notary Public - California z the same in his/he tei+ authorized Z i Contra Costa County capacity(4&), and that by his/hetmiiheir My Comm.Expires Oct 7,2006 signature(6)on the instrument the person(e), or the entity upon behalf of which the person(e) acted, executed the instrument. W#TN 5�my hand a dt offi ia#sea#. �--' Signatwe cf fYota Public i 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: i Document Date: Number of Pages: Signer(s)Cather Than Named Above: ) Capacity{ies)Claimed by Signer Signer's Name: El Individual Top of thumb here • Corporate Officer—Title(s): 1 a Partner—0 Limited ❑General Pi Attorney-in-Fact C Trustee C: Guardian or Conservator i 1 tither: Signer is Representing: 0 1999 National Notary Association•9350 De Soto Ave-P O.$ox 2402•Chatswonih.CA 91313.22.902•wwwna:eonafnotary.org Prod.No.5907 Recrder:Cali Tog-Free i-800-87&8827 _.__._. ............I.., ......... ......... ....._..._ .......... . ...... _..... ......... ..._..... ........_.. ... ... .. . .... ........ ....... _ _ . _ . ......... ........ ...................... AUGUST 16, 2004 JOB NO. : 462-00 LEGAL DESCRIPTION RIGHT OF WAY DEDICATION PORTION OF SUBDIVISION 8507, PARCEL C CONTRA COSTA COUNTY, CALIFORNIA EXHIBIT `A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, COMPRISED OF TWO (2) PARCELS DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL C, AS SAID LOT PARCEL C IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 8507, RECORDED OCTOBER 28, 2003, IN BOOK 457 OF MAPS AT PAGE 43, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL ONE COMMENCING AT A POINT ON THE NORTHWESTERN LINE OF SAID PARCEL C, SAID POINT BEING THE NORTHWESTERN TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS "NORTH 35°30' 46" WEST 137.01 FEET", AS SHOWN ON SAID MAP; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHWESTERN LINE OF SAID PARCEL C, ALONG THE ARC OF A NON-TANGENT 1925.52 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 53010' 58" WEST, THROUGH A CENTRAL ANGLE OF 01000133", AN ARC DISTANCE OF 33. 92 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID NORTHWESTERN LINE, THE FOLLOWING THREE (3) COURSES: 1) CONTINUING ALONG SAID 1925. 52 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 54°11' 31" WEST, THROUGH A CENTRAL ANGLE OF 08°22' 27", AN ARC DISTANCE OF 281.43 FEET; 2) NORTH 27026' 02" EAST 137.25 FEET; 3) ALONG THE ARC OF A TANGENT 19.68 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 32°38' 53", AN ARC DISTANCE OF 1.1 .22 FEET; P:\962-OJ\LEGA iS\PHG1\:,G-FLAT-�lti-.BGLS-MS.D!?C LEGAL DESCRIPTION AUGUST 15, 2004 PAGE 2 Job No. : 452-00 THENCE, LEAVING SAID NORTHWESTERN LINE, SOUTH 27025' 02" WEST 147 . 87 FEET; THENCE, ALONG THE ARC OF A TANGENT 1928 .63 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 08022'40" , AN ARC DISTANCE OF 282 .00 FEET; THENCE, NORTH 51057' 07" WEST 3 . 11 FEET TO SAID POINT OF BEGINNING; CONTAINING 1, 292 SQUARE FEET OF LAND, MORE OR LESS. PARCEL TWO COMMENCING AT A POINT ON THE NORTHWESTERN LINE OF SAID PARCEL C, SAID POINT BEING THE NORTHWESTERN TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS "NORTH 62033' 58" WEST 109 .75 FEET" , AS SHOWN ON SAID MAP (457 M 43) ; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHWESTERN LINE OF SAID PARCEL C, SOUTH 62033' 58" EAST 15 .48 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID NORTHWESTERN LINE, THE FOLLOWING TWO (2) COURSES: 1) SOUTH 62033' 58" EAST 94 .28 FEET; 2) ALONG THE ARC OF A TANGENT 878 .28 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 11008' 55" , AN ARC DISTANCE OF 170.90 FEET; THENCE, LEAVING SAID NORTHWESTERN LINE, SOUTH 16017' 07" WEST 7.87 FEET; THENCE, ALONG THE ARC OF A NON-TANGENT 886.15 FOOT RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 16017' 07" EAST, THROUGH A CENTRAL ANGLE OF 09019'45" , AN ARC DISTANCE OF 144 .29 FEET; THENCE, ALONG THE ARC OF A COMPOUND 410 .43 FOOT RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 25036' 52" EAST, THROUGH A CENTRAL ANGLE OF 09048' 16" , AN ARC DISTANCE OF 70 .23 FEET; P:\452-00\LSGALS\8802\LG-PLAT 1-RW-SOLS-MS-REV.DOC LEGAL DESCRIPTION AUGUST 16, 2004 PAGE 3 Job No. : 462-00 THENCE, ALONG THE ARC OF A REVERSE 376 .97 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 35°25' 08" WEST, THROUGH A CENTRAL ANGLE OF 07059' 06" , AN ARC DISTANCE OF 52 .54 FEET TO SAID POINT OF BEGINNING; CONTAINING 1, 614 SQUARE FEET OF LAND, MORE OR LESS. ATTACHED HERETO IS A PLAT ENTITLED, -EXHIBIT 'B` AND BY THIS REFERENCE, IS MADE A PART HEREOF, END OF DESCRIPTION #o.7 76 5iwn4��, Ev. CHRISTO HER S. HARMISON L.S. NO. 7176 lir 01P'CAkt���a EXPIRES: DECEMBER 31, 2005 P:\e62-00\LEGALS\PHCi\LG-PLAT 1-RW-BOLE-MS REV.DOC _.__.. . . _........ ......... ......... ......... _........ ......... ......... ......... ......... ........ ....... _ ....... ._.... ......._...__......._......._..........._... ._. i� POC L5 C3 C5 POB '`T�1I�j� �6 SUB 8507 . PARCEL C �.tQl— vey v � 0— � t457 M 43? IN C r 6 � L7 LINE TABLE NO. BEARING LENGTH 0414- Ll N35'30'46"W 137.01' L2 N27'26'02"E 137.25' L3 S27'26'02"W 147.87' SRVUBD L4 N51'57'07"W 3.11' D2004-189714 CIS, L5 562'33'58"E 15.48' L6 562'3358"E 94.28' POB L7 S16'17'07"W 7.87' S54'11'18"E(R) CURVE TABLE NO. RADIUS DELTA LENGTH L4 C1 1925.52' 01`00'33" 33.92' N5310'58'W(R) C2 1925.52' 08'2227" 281.43' SUB 8507 C3 19.68' 32'38'53" 11.22' POC ,, PARCEL C C4 1928..63' 08'22'40" 282.00' 4457 M dal C5 19.68' 57`21'07" 19.70' C6 878.28' 11`08'55" 170.90' C7 886.15' 09'1945" 144.29' C8 410.43' 09'48'16" 70.23' EXFiW =B} e9 376.97' 07'59'06" 52.54' PLAT TO ACCOMPANY LEGAL DESCRIPTION SER OF DEDICAT ON PARCEL C, SUMMON 8507 (457 M 43) WINDEMERE CONTRA COSTA COUNTY, CALFORNA Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANERS 6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 44462-00 94462 ACA.l7 PH01 PLAT PLAT-RW-BOLS-MS.DWG