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Home My WebLink AboutMINUTES - 07252006 - C.13 C 1 0 S E L �• TO: BOARD OF SUPERVISORS �, Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o, tlr i� Costa DATE: July 25, 2006 County ST'`t COU>y� SUBJECT: Accepting Offer of Dedication-Access Easement, for Subdivision 99-08381, being developed by Shapell Industries of Northern California, Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ `r-- - for Subdivision 99-08381,accepting Offer of Dedication-Access Easement, for project being developed by Shapell Industries of Northern California, Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): To meet the conditions of approval for SD 99-08381, the developer must dedicate this easement. CONSEQUENCES OF NEGATIVE ACTION: The Offer of Dedication will not be recorded. Continued on Attachment: L,,-"SIGNATURE: _LA&COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES ACTION OF BOOD ON APPROVED AS RECOMMENDED OTHER 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 VVE OF SUPERVISORS date shown. UNANIMOUS(ABSENT 141LO 77 L ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: Qu4 JOHN CULLE , C of the Board of G:\EngSvc\BO\2006\07-25\SD 99-8381 BO-30.doc TR:vz Supervisors and County Administrator Originator: Public Works(ES) Contact: Teri Rie(313-2363) cc: Current Planning,Community Development Department Shapell Industries of Northern California 100 N.Milpitas Blvd. By , Deputy Milpitas,CA 95035 Arm:S.Worden 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 July 25, 2006 by the following vote: AYES: Uilkema, Piepho, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Accepting Offer of Dedication-Access Easement,for Subdivision 99-08381,forproject being developed by Shapell Industries of Northern California, Danville 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- SD 99-08381 Shapell Industries of Danville III Access Easement APN: 206-030-010 Northern California G:\EngSvc\BO\2006\07-25\SD 99-8381 130-30.doc I hereby certify that this is a true and correct copy of an TR:vz action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. Recording to be completed by Clerk of the Board cc: Current Planning,Community Development Department Shapell Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 ATTESTED: G Attn:S.worden JOHN CULLEN,�"Clgg of the Board of Supervisors and County Administrator By , Deputy RESOLUTION NO.2006/ �� Recorded at the request of. Contra Costa County Engineering Services Division Return to: Contra Costa County VV'"" VVVIM-VW n%6W1WG1 VIIA69 - Public Works Department STEPHEN L, WEIR, Clerk-Recorder Records Section DOC— 2006-0235833-00 Wednesday, JUL 26, 2006 11:00:58 Area: Danville FRE $0.00 Road: Camino Tassajara Tt I Pd $0,00 Nbr-0003338065 Co.Road No.: 47216 1 re/RS/1-7 Development No.: Sub. 8381 APN: 206-030-010 OFFER OF DEDICATION-ACCESS EASEMENT Shapell Indust'ries,Inc.,a Delaware Corporation doing business as Shapell Industries ofNorthem California,a Division of Shapell Industries,Inc.,a Delaware Corporation,the undersigned,being the present title owner of record of certain real property situated in Contra Costa County, State of California, as shown on the Map of Subdivision 8381 as Parcel F,filed December 28,2005,in Book 486 of Maps at page 33 ("Soccer Site'),does hereby make an irrevocable offer of dedication to the public and to CONTRA COSTA COUNTY and its successors or assigns, an easement for public use for access purposes, 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("Parking Lot Area"). Said offer of dedication is for the purposes of allowing the Parking Lot Area to serve as a trailhead facility and allowing members ofthe public who are using the adjacent trails to park on the Parking Lot Area during daylight hours. An entry gate or other structure erected on the Parking Lot Area to prevent public use outside of permitted hours shall not constitute an infringement of this Easement. Grantor,or its successors or assigns,shall have the right at its sole cost and expense,to reasonably relocate any parking lot improvements on the Parking Lot Area, elsewhere on the Soccer Site in order to reasonably accommodate development and use of the Soccer Site. In the event of such relocation, Grantor, or its successors or assigns, shall grant a new perpetual easement in favor of Grantee for the purposes set forth herein. Upon the grant of said new easement,this Easement shall automatically terminate. 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-Superv-isors,-or-of-the-local-goveming-body-of-its-successors-or-assigns. In the event CONTRA COSTA COUNTY, or its successors or 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 executed this instrument on July 20, 2006 T r u/eb i I da e, Assistant_V6PP-resident iden Cox," ss'istant Secretary (See attached notary) C:\Windows\Temp\MetaSave\Access Easement-Offer of dedication -FINAL.DOC WU30176900,2 '✓�/Vv�,"Ni".,^✓VWVI�.hi'vVVvl,'�.N'V�-�/�M/.nJ'VW\.'�.�.'vii\n/"V'�%�r��%'�Iv�V.�'WVW\��/,r�Jwr//..�vV'4^✓\.'.M✓�/\.N'J'v'Vr/�N"v�.NW�.^lrW./`..r.. �/'r�.'\N�.n V'.,'/'JV') 'vVvvr'vW�V.!"M..'W^-i/w/�/'✓'/`rvhr./vYhN�.nIVV"1/VY Vvhrw^w! ,^./✓ ✓\n.%vVvt/�."vV./:/W Vwr^wh.'.!�/lNw/\n/,/w//V./�^"./v4�Vw%.n/..".w/v.Vw.'i^`� 2l\ } J � 3 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On July 20, 2406 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. =ICE RUSE WITNESS my hand and official seal misslo T.K159 Commission#1547426 -d Notary Public-Cailbml 3 Santa Clara County My Comm.Expires Huy 24.2 Sign ure of Notary Public s Optional Information 5 Title or Type of Document: Offer of Dedication, Access Easement- Tract 8381 - APN z� 206-030-010 5� Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of r Sha -yell Industries, Inc. ri tl y '» rr ?�r � > E �,v' / '.'./'✓./�/.. '.f� `/' .I/' l`� "/,+1�!"/•i,i./i \, .h^l+N / ,'/�h^.N'✓./.n/`i'!v•!l.iw.'V.r/Vv'V"VJ`✓.r./.'././�.,i J✓.r».�v.,i..vi'.i`v�.�i ^f.I'`.!✓ivi'f�/�/✓•N %+i. 1^, i'/^.-, .i.lv'.!-/:•!;/•✓'-�I.r..+. _ JJ./-r.✓./ I.r,//.1.✓.///4-/'.^.'%w/•!-.'V`N./✓./.i-i`..n/.r.././/.!>/•"!..^;.wE...r//ar,i,^•/:.I/`/^i././n^,"'/!/.^ ALAMO CREEK PUBLIC ACCESS EASEMENT EXHIBIT "A" A PORTION OF PARCEL "F" AS SHOWN ON THE MAP OF SUBDIVISION 8381, FILED DECEMBER 28, 2005, IN BOOK 486 OF MAPS AT PAGE 33, CONTRA COSTA COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL "F"; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE NORTH LINE OF SAID PARCEL "F" NORTH 78002'16" WEST 78.99 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING ALONG SAID NORTH LINE SOUTH 78°02'16" EAST 52.78 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 160.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 84°45'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 0.89 FEET THROUGH A CENTRAL ANGLE OF 00019'09"; THENCE SOUTH 05033'28" EAST 183.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 58.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 67.74 FEET THROUGH A CENTRAL ANGLE OF 66155'14"; THENCE NORTH 28°38'14"WEST 3.001FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 54.16 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 28057'58" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 38.69 FEET THROUGH A CENTRAL ANGLE OF 40155'42"; THENCE NORTH 78002'16" WEST 174.82 FEET; THENCE SOUTH 11°57'44" WEST 26.50 FEET; THENCE NORTH 78002'16" WEST 140.50 FEET; THENCE NORTH 11°57'44" EAST 6.00 FEET; THENCE NORTH 78002'16" WEST 130.00 FEET; THENCE NORTH 11057'44" EAST 110.47 FEET; THENCE SOUTH 78002'16" EAST 5.00 FEET; THENCE NORTH 11 057'44" EAST 99.03 FEET; THENCE SOUTH 78°02'16" EAST 330.00 FEET; THENCE SOUTH __ .-__4 °57'44"WEST 1-5:1.4-F-E-E-T-TO THE-BEGINNING-OF--A-T-ANGE-NT CURVE------_ -_-- -_ -_---- CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 5.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 7.40 FEET THROUGH A CENTRAL ANGLE OF 84047'03" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 28.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 17°10'41" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 41.43 FEET THROUGH A CENTRAL ANGLE OF 84147'03"; THENCE SOUTH 11°57'44" WEST 76.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 47.12 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE SOUTH 78002'16" EAST 36.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 37.53 FEET THROUGH A CENTRAL ANGLE OF 107031'12"; THENCE NORTH 05033'28" WEST 179.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 211.00 FEET; THENCE NORTHERLY ALAMO CREEK PUBLIC ACCESS EASEMENT ALONG THE ARC OF SAID CURVE 16.80 FEET THROUGH A CENTRAL ANGLE OF 04033'42" TO THE POINT OF BEGINNING. 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