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Home My WebLink AboutMINUTES - 09282004 - C.11 TO: BOARD OF SUPERVISORS FROM: MAL`R.ICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 28, 2004 SUBJECT: Acce tin Grant of Easement for Landscape Purposes for Subdivision 02-08688 SPECIFIC REQUEST(S)OR RECOMMBNDATION(S)8c BACKGROUND AND JUSTIFICATION RECOMMENDATION S): ADOPT Resolution No. 2004/ Slb for Subdivision 02-08688, accepting Grant of Easement for Landscape Purposes,being developed by Shapell Industries, a Division of Shapell Industries, a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): A Portion of Lot 33 is a slope between public road and soundwall,which should be landscaped as part of public improvements. CONSEQUENCES OF NEGATIVE ACTION: Without an easement,public landscaping cannot be installed on the slope at the subject Lot 33. Continued on Attachment: _ SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION Off"BOARD COMMITTEE �T'ROVE �fPTHER SIGNATURE(SI: , ACTION OF BO ON IEE=E 2-8, 20Q4 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORSminutes of the Board of Supervisors on the xx UNANWOUS(ABSENT NODE ) date shown. AYES: NOES: ASSENT: ABSTAIN: A'T'TESTED: SEPTEMBER 28_, 2004 JOHN SWEETEN, Clerk of the Board of G:1GpDatalEngSvc'�50\200A109-28-044SD 02-08688 Ordcr.doo Orig.Div: Public Works(ES) Supervisors and County Administrator Coutact: Teri Ric(313-2363) cc: Current Plannin&Cotntnunity Development Shapell Industries,a Division of Shaixll industries 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Dave Suico By y 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 28, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 516 SUBJECT: Acceptance of Grant of Easement for Landscape Purposes, for Subdivision 0208688, beim developed by Shapell .Industries, a Division of Shapell Industries, a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant of Easement for Subdivision 02-08688, Shapell Industries, San Ramon III Landscape Purposes Lot 33 a Division of (Dougherty APN:222-340-033 Shapell Industries, Valley) a Delaware Corp. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. SG:nn G:\GrpData\EngSvc\BO\2004\09-28-04\SD 02-08688 BO-27-doe Originator: Public Works(ES) A'T'TESTED: SEPTEMBER 28, 2004 Contact:Teri be o(313-2363)completed JOHN SWEETEN Clerk of the Board of Supervisors and Recording to#e completed by COB � p cc: Current Planning,Planning,Comnrznity Development County Administrator Shapell Industries,a Division of Shapell.Industries 100 N.Milpitas Blvd, Milpitas,CA 95035 Atte:Dave Suico By ,Deputy RESOLUTION NO.2004/ 516 Recorded at the request of: Contra Costa County Public Works Department 11111111111111111111111111111111111111111111 11111 Return to. Public Works Department CONTRA COSTA Co Recorder Office Records section STEPHEN L. 91R, Clerk-Recorder Area: son Ramon(Dougherty valley) DOC— 2004-0375585-00 Roads Monarch Road Wednesdays SEP 29, 2004 14:38:38 Co.Road No.:RA 1.135 FRE $0.00 Development:Subdivision 8688,Lot 33 Tt l Pd $0.1A Nbr-0802358073 APNs 222-340-033 OFFER.OF DEDICATION- LANDSCAPE EASEMENT I, Sha ell Industries,,a Division of Sha ll Industries a Delawarefolp.,the undersigned,being the present title owner of record of the herein described parcel of land, do hereby male an irrevocable offer of dedication to the public and to CONTRA COSTA COUNTY and its successors or assigns, an easement for landscape purposes, including installation and maintenance of landscape improvements, over the real property situated in the County of Contra Costa, State of California, described in Exhibit"A"(written description)and shown on Exhibit"B" (plat map)attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing body of its successors or assigns. In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs,successors,assigns,and personal representatives of the respective parties hereto. The undersigned have executed this instrument on -3 CsC (mate). (Signature)By: (Print NMM&Title) Vk (Signature)$y: (Print Nurse i (see attached notary) /j :mW G:\GM'0ata\EngSv6Form4l0F WORMOF-d.doc: Rev.August 24,2004 Lot 33 Subdivision 8688 County of Contra Costa Exhibit"A" Legal.Description Real property situate in the County of Contra Costa, State of California, described as follows: Being a portion of Lot 33 as shown on the map entitled "Subdivision 8688, gallery 11 at Gale Ranch",filed on June 1, 2004 in Book 465 of Maps,at Page 1-20, Contra Costa. County Records and being more particularly described as follows: Beginning at the northwestern corner of said Lot 33; thence along the northern line of said lot, South 64°32'00"East,61.88;thence continuing along said northern line, South 18021'53"East, 9.84 feet; thence leaving said northern line,North.601,02'00" Vilest, 64.03 feet;thence North 41025'02" West, 5.28 feet to the paint of Beginninz. Containing: 0.01 Acres±273 Sq.Ft. Prep y: . No.6M Crai Matsueda, P.L.S.No, 6820 OFIW Date License Expires: 09-30-2004 G:\Aidmin\Jabs-02\0230131Survey\iot 33 l e.doc LEGEND P.O.B. PANT OF BEGINNING SQ.FT. SQUARE FEET SLOPE EASEMENT L l 32 (465 M 1) c� LANDSCAPE MAINTENANCE EASEMENT ('465 M 1) 44 33 17 LINE TABLE57 ,57' LINE BEARING DISTANCE Ll s1821'53"E 9.84' L2 N415'02"w 5.28' EXHIBIT B Berl -- PLAT TO ACCOMPANY LEGAL DESCRIPTION � ensen -� FOR Azar &Associates LANDS}� '�([��//"`�+ AA� �;tt S'! 1 J � ✓3»3 4894 CCtABD7 C1 1YE, SUM 200 • PE.£ASA147 A 94588 CAPE APE PHOW. (925) 720'4100 FAX: �925� 22 EASEMENT -J6 7NO DAM 06 Cob'M COSTA COUNTY, CALWf7W" 1'=30' 6-10-04 023013 ,r..✓V.'.^I.ia�.'�'..,}ti'U'ti./V^4"ti .;v'✓. ✓�" h. : ✓`lS� f. {;� 1J✓J' Tf,/ . h.NI✓.�,;.M✓'✓`.E�a ..�..N'.`n..,/3Fi.VVI✓\r.�i'v'. t,..^/\._... .n:..1.^ ;Fv:... . f!^ /. , .. . .. . /..1:./t/.i.' ,t-,. i' 5 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT r> Stag of California County of Santa Mara On August 30, 2004, before me, Janice T. Kruse, Notary Public personally appeared, J.C.Truebridge& Ken Cox 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 instrument. Wk AANICE T.ecus COMM On# 1318A07 WITNESS my hand and official seal. +►' Notary Public-Calltvrn p (" Santa Clara CountyOZI my S` _....._ Si ature of Notary Public {optional Ino rmation ' Title or Type of Document: Offer_of Dedication Landscape:Easement Tract 8688- 1' Lot 33 Capacity Claimed by Signer: Assistant Vice President and Assistant Secretar of Shaped Industries. Inc. z