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HomeMy WebLinkAboutMINUTES - 09132005 - C10 , r TO: BOARD OF SUPERVISORS �/D FROM: MAURICE M. SHIU.,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Accepting Offer of Dedication-Library, for DP 03-03037 (cross-reference Subdivision 95- 079 76), San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/,5Z3 for DP 03-03037(cross-reference Subdivision 95-07976),accepting Offer of Dedication-Library,for project being developed by Windemere BLC Land Company,LLC.,San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): This offer of dedication must be recorded in order for the Library parcel to be accepted. CONSEQUENCES OF NEGATIVE ACTION: The Library parcel will not be recorded, or eventually accepted as a public facility. Continued on Attachment: a/ SIGNATURE: =EC_OMMENDATION OF COUNTY ADMINIST R RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER r SIGNATURES ACTION OF BOA 7Nrn b 7' yt4P 45 APPROVED AS RECOMMENDED 2!: OTHER 1W 54 I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the�C UNANIMOUS(ABSENT � »` ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: LT:rm JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\B0\2005W9-13\DP 03-03037 BO-30 b.doc Originator:. Public Works(ES) Supervisors and County Administrator Contact: Teri Rie(313-2363) cc: Current Planning,Community Development Department Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 ByA ,Deputy Attn:Brian Olin 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 13, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO, 2005/ SUBJECT: Accepting Offer of Dedication-Library,for DP 03-03037(cross-reference Subdivision 95-07976), being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) ITIS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA pj�T Offer of Dedication- DP 03-03037 Windemere BLC San Ramon III Library (cross-reference Land Company,LLC (Dougherty Subdivision 95-07976) Valley) APN: 223-100-040 I hereby certify that this is a true and correct copy of an LT:rm action taken and entered on the minutes of the Board of G:\GtpData\EngSvc\B0\2.005\09-13\DP 03-03037 BO-30 b.doc Supervisors on the date shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB cc: Current Planning,Community Development Department ATTESTED: 'r/��ho� .� Windemere BLC Land Co �✓/� an,LLC � 6121 Bollinger Canyon Road,#500 -� San Ramon,CA 94583 JOHN SWEETEN, Clerk of the Board of Supervisors and Attn:Brian Olin County Administrator By ,Deputy RESOLUTION NO.2005/ ��� ilii ilii ilii iii iii ilii iii iii iii iii iii iii NIRA COSTA co Recorder Office Recorded at the request of: Clerk-Recorder Contra Costa County SSEPHEN L �EIR1�,Q��-00Board of Supervisors00 ?vj()tww@35 Return to: I)OC �-Mw SEP 14, 20g-0 15:15:33 Public Works Department W41dnesday Engineering Services Division FRE $0.00Nbr-000Z$g$Z95 Records Section 1t 1 pd ��'�� 1 r c!R9!1"10 Area: San Ramon(Dougherty Valley) Development No.: Sub 7976 APN: 223-100-040 OFFER OF DEDICATION-LIBRARY Windemere BLC Land Company,LLC,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 library, library purposes, street purposes, public access, landscaping, utility purposes, 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 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 it 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 onAXiL-6r 24, 2D� (Signature Page Attached) (See attached notary) Form Rev.May 1,2003 Approved by County Counsel 4/29/03 a AUGUST 22 , 2005 JOB NO. : 462-150 EXHIBIT 'A' LEGAL DESCRIPTION LIBRARY PARCEL PORTION OF LOT 20, SUBDIVISION 7976 ( M 2 9) CoRA COSTA CO-- Y, CALIFORNIA REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 20, AS SAID LOT 20 IS SHOWN AND SO DESIGNATED ON THAT OFFICIAL MAP OF SUBDIVISION 7976, RECORDED NOVEMBER 161 2001, IN BOOK 436 OF MAPS AT PAGE 29, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE EASTERN� CORNER OF SAID LOT 20; THENCE FROM SAID POINT OF BEGINNING, ALONG THE SOEASTERN LINE OF SAID LOT 20, THE FOLLOWING SIX (6) COURSES: 1} SOUTH 27026102" WEST 29.69 FEET, 2} ALONG THE ARC OF A TANGENT 373 .36 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 07037101" , AN ARC DISTANCE OF 49.63 FEET, 3} ALONG THE ARC OF A REVERSE 519.03 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS 54056157" EAST, THROUGH A CENTRAL ANGLE OF 07037101" , AN SOH ARC DISTANCE OF 69.00 FEET, 4} SOH 27026102" WEST 382 .63 FEET, 5} SOUTH 62033158" EAST 7.87 FEET, AND 6} SOUTH 27026102" EAST 17 .57 FEET; THENCE LEAVING SAID SOHEASTER.N LINE, NORTH 62035' 57" WEST 192 ,29 FEET; THENCE, NORTH 27026102" EAST 26,71- FEET TO THE SOUTHERN CORNER. OF THAT THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA COMMUNITY COLLEGE DISTRICT, BY DEED RECORDED MAY 29, 2003 IN DOCUMENT NO. 2003-0251325 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID SOUTHERN CORNER, ALONG THE SOUTHEASTERN LINE OF SAID PARCEL OF LAND (2003-0251325) , NORTH 27026102" EAST 162 .08 FEET; CSH/rj w P:\462-15\LEGALS\LG-427.DOC LEGAL DESCRIPTION AUGUST 22 2005 PAGE 2 OF 2 JOB NO. : - O. . 4 62 15 THENCE, LEAVING SAID SOUTHEASTERN LINE, SOUTH 62035156" EAST 128 .99; THENCE, NORTH 27024104" EAST 359.42 FEET TO A POINT ON THE NORTHEASTERN LINE OF SAID LOT 20; THENCE, ALONG SAID NORTHEASTERN LINE, SOUTH 62033158" EAST 63 . SO FEET TO SAID POINT OF BEGINNING. CONTAINING 1,28 ACRES OF LAND MORE OR LESS AND ATTACHED HERE TO, ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF, END OF DESCRIPTION CHRISTOPHER S. HARMISON, P.L.S. ��► L,S, NO. 7176 OFC EXPIRES: DECEMBER 31, 2005 P:\462-15\LEGALS\LG-027.DOC EXHIBIT CURVE TABLE N0. RADIUS DELTA LENGTH C1 373.36' 07'037'01'* 49.63 1 C2 519.03' 0737'01° 69.00' � TANGENT TABLE SHAPELLlffi�N0. BEARING LENGiH INDU7RIES � Ll 5623358"E 7.87' 14029 OR 677 � L2 S27'026'02"W 17.57' L3 S27'026'02*W 2s.71' LOT 12 L4 S27"26'02"W 162.08' L5 S62'035'56"E 128.99 L6 N27'024'04*E 359.42' CONTRA Co57A U S62'03358"E 63.50' COMMUNITY COLL�G� L8 S27026'02"W 29.69 DISTRICT 2003-0251325 g 0 L3 L4LO � 3 � LOT ZOCN � N � J N L6 3 z 382.63' L2 L1 S27'026102ffW C2 C1_ff\,.P0B BO NIGER CAWON ROAD S54'*56'57"E (R PLAT TO ACCOMPANY LEGAL DESCRIPTION LIBRARY PARCEL PORTION OF LOT 20, SUBDIVISION 7976 (436 M 29) CONTRA COSTA COUNTY, CALFORMA DAIS: AUGUST 2005 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 6111 BOLLINGER CANYON ROAD, SUITE 150 SAN- RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX** (925) 866-8575 H:\94462\ACAD\PH01\EXHIBITS\COLLEGE-ENG\PLAT\LIBRARY.DWG SIGNATURE PAGE FOR OFFER OF DEDICATION Windemere BLC Land Company LLC, a California limited liability company By: Brookfield Bay Area Holdings LLC, a Delaware limited liability company Member By: Print: Its: 1V By:-erint: D�iV r a L�bl�vv�►.� David Luebkeman ts: Vice President By: Centex Homes, a Nevada.general partnership By: Centex Real Estate Corporation, a Nevada corporation ember Y: Print: ,00**r Its: V)SI 0 r\ (` si&ell�" By: i��/-� Print: Its: By: LEN-OBS Windemere,,LLC, a Delaware limited liability company Member By: Lennar Homes of California,Inc., a California corporation Managing Member . By: Print: L y n rt Joa 1�v✓1 Its: r�'Sr-.-�r� By: Print:I 144,.W 1W � L,QUI�Spy� Its: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California ss. County of On before me, Le Lf t&e-.� D_k� I Date Name and Title of Officer�@,.g.,"Jane Doe,Notary Public") rhn ,personally appeared QName(s)of Signer(s) E;�fersonally known to me ❑ 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(ies), and that by his/her/their signature(s)on the instrument the person(s), or L the entity upon behalf of which the person(s) ? 1414975 acted, executed the instrument. t�1 t�ourtly WITNESS my hand and official seal. s Mg12�,�Ot)7 . Signature of Notary Public 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 � N Title or Type of Document: Document Date: Number of Pages: 1 Signer(s)Other Than Named Above: ' Capacity(ies) Claimed by Signer Signer's Name: OF SIGNER 1:1 Individual Top of thumb here i ❑ Corporate Officer—Title(s): i ❑ Partner —❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L __ G-KN ©1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On . August 24, 2005 before me Jackie A. Nelson, Notary Public personally appeared R. John Ochsner . personally known to me 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 JACKIE A.NELSON COMM.#I 35M MARY MBUC-CMMWU JO 0 �'GC�� /V �� Q��� COMU COSM couffff A"nrV YAM a jI NATURE OF NOTARY PUBI IC aA. 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 Title(s) IIIIIIIIIft Number of Pages Signer is representing: Name of Person or Entity(ies) Date of Document Centex Homes — Northern CA Division Signer(s),other than named above 2527 Camino Ramon, Ste. 100 San Ramon, CA 94583 Signer(s) other than named above -J A A .j. oft'IIIIIIIIII, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On August 23, 2005 before me,Karen L. Keenan,Notary Public,personally appeared Lunn Jochim &Don Larson,personally known to me to be the person(s)whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. KAREN L..KEENAN Cortur�on 1378827 Si afore of Notaryfublic PubNc - Cdifprnla Contra Costa County "' My Comm.E�ires Oct 7.20pb