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Home My WebLink AboutMINUTES - 09262006 - C.16 TO: BOARD OF SUPERVISORS, as the Governing Body Contra of the Contra Costa County Flood Control and Water Conservation District o - Costa uiiil� FROM: MAURICE M. SHIU, CHIEF ENGINEER C®u nI- + l y sjA-couri` DATE: September 26, 2006 SUBJECT: ADOPT resolution^approving the exchange of real property between Deer Ridge Golf and the Contra Costa County Flood Control & Water Conservation District, in connection with Subdivision 8310 for the Dry Creek Reservoir. (SUNCAL) [SCH: #91011.3066]. Brentwood Area, District III. Project No. 0651-6L083A Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. ADOPT Resolution approving the exchange of real property in connection with Subdivision 8310, Dry Creek Reservoir. APROVE and AUTHORIZE the exchange of said properties,pursuant to Government Code 25526.5 and West's Water Code, Appendix 63-31. B. AUTHORIZE the Chair, Board of Supervisors to execute said Grant Deed on behalf of the District. C. AUTHORIZE the Chief Engineer to execute said Transfer Agreement on behalf of the District. D. ACCEPT the Grant Deed dated August 14, 2006 from Deer Ridge Golf and DIRECT the Real Property Division to have the above referenced Grant Deeds to be delivered to Fidelity National Title Company, 1300 Dove Street,#310,Newport Beach,CA 92660,Escrow No.05-1731955-C-MK for recording in the Office of the Contra Costa CounA Recorder. Continued on Attachment: a SIGNATURE: _COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓APPROVEOTHER S.IGNATURE(S): ACTION OF Bt�b O r o2G .900 C APPROVED AS RECOMMENDED VOTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT. AYES: . NOES: ABSENT: ABSTAIN: G:\RealProp\2006-Files\B0s&Res 06\BO.12 Suncal Parcels 1 through 4.doc I hereby certify that this is a true and correct Orifi. Div: PuUlic Works(R/P) copy of an action taken and entered on the minutes of the Board of Supervisors on the Contact: C.Pitia-Sandoval (313-2012) date shown. cc: County Administrator �� P.W.Records ATTESTED. '��_ �i Y �i -3al-e.7-4 P. W.Accounting JOHN CULLE , Clerk of the Board of 1. Bergeron,Computer Services Supervisors and Co ty d inistrator P.W. Engineering Svcs,T.Tones(via R/P) Recorder(via R/P) BY Deputy Grantee Siibjedl ' ADOPT resolution approving the exchange of real property between Deer Ridge Golf and the Contra Costa County Flood Control & Water Conservation District, in connection with Subdivision 8310 for the Dry Creek Reservoir. (SUNCAL) [SCH: #910113066]. Brentwood Area, District III. Date: September 26, 2006 Page: 2 of 2 Financial Impact:, No Fiscal Irnpact. Reasons for Recommendations and Background: California Sun Properties is developing a residential golf community. To accommodate the development the District plans to conduct multiple real property transactions that include the exchange of parcels to the District's Dry Creek Reservoir Facility. On April 27,2004,the Contra Costa County Board of Supervisors adopted the City of Brentwood's Final Environmental Impact Report for the purposes of conducting real property transactions in'connection with this development. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on September 26, 2006, by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None RESOLUTION NO. 2006 ABSTAIN: None Deerings Water code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 63-31 Government Code § 25526.5) SUBJECT: ADOPT Resolution No. 2006/ /6z-S- approving the exchange of real property between Deer Ridge Golf and the Contra Costa County Flood Control & Water Conservation District, in connection with Subdivision 8310, Dry Creek Reservoir. [SCH: #910113066] (SUNCAL) Project No. 0651-61-083A Brentwood Area (District III) The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: The Board adopted the City of Brentwood's Final Environmental Impact Report on April 27, 2004 for the purpose of conducting Real Property transactions. Contra Costa County Flood Control and Water Conservation District (District) acquired certain real property by Deed on August 28, 1964, in Book 4692, Page 455, Official Records of said County for the Dry Creek Reservoir. A portion of said interest is DETERMINED to be surplus and no longer necessary for District purposes and a portion of Deer Ridge Golf's property is required for the District. This Board hereby APPROVES and AUTHORIZES the exchange of said interest between Deer Ridge Golf and the District, pursuant to Government Code Section 25526.5 and West's Water Code, Appendix 63-31. The Chair, Board of Supervisors is hereby AUTHORIZED to execute a Grant Deed on behalf of the District, and AUTHORIZE the Chief Engineer to execute a Transfer Agreement on behalf of the District. The Real Property Division is DIRECTED to cause said Grant Deeds to be delivered to Fidelity National Title. csp: I hereby certify that this is a true and correct G:\RealProp\2006-Files\B0s&Res 06\BR26A Suncal Parcels 1 through 4.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig. Div: Public Works(R/P) date shown. Contact: C. Pina-Sandoval(313-2012) — Recording to be completed by PW ATTESTED��/e—V-" cc: County Administrator JOHN CULLEN, Clerk of the Board of Auditor-Controller(via R/P) Supervisors ana County Administrator Engineering Services(Trina Torres) P.W.Accounting By Board Orders Clerk Specialist,Adm. Deputy RESOLUTION NO. 200Y-4!p r' THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on September 26,.2006, by the following vote: AYES: Uilkema,Piepho, DeSaulnier, Glover and Gioia NOES: None ABSENT: None RESOLUTION NO. 2006 / Lag— ABSTAIN: None Deerings.Water code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 63-31 Government Code § 25526.5) SUBJECT: ADOPT Resolution No. 2006/ 6a-!S"- approving the exchange of real property between Deer Ridge Golf and the Contra Costa County Flood Control & Water Conservation District, in connection with Subdivision 8310, Dry Creek Reservoir. [SCH: #910113066] (SUNCAL) Project No. 0651-61-083A Brentwood Area (District III) The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation.District, RESOLVES THAT: The Board adopted the City of Brentwood's Final Environmental Impact Report on April 27, 2004 for the purpose of conducting Real Property transactions. Contra Costa County Flood Control and Water Conservation District (District) acquired certain real property by Deed on August 28, 1964, in Book 4692, Page 455, Official Records of said County for the Dry Creek Reservoir. A portion of said interest is DETERMINED to be surplus and no longer necessary for District purposes and a portion of Deer Ridge Golf's property is required for the District. This Board hereby APPROVES and AUTHORIZES the exchange of said interest between Deer Ridge Golf and the District, pursuant to Government Code Section 25526.5 and West's Water Code, Appendix 63-31.. The Chair, Board of Supervisors is hereby AUTHORIZED to execute a Grant Deed on behalf of the District, and AUTHORIZE the Chief Engineer to execute a Transfer Agreement on behalf of the District. The Real Property Division is DIRECTED to cause said Grant Deeds to be delivered to Fidelity National Title. csp: I hereby certify that this is a true and correct G:\Rea1Prop\2006-Fi1es\B0s&Res 06\BR26A Suncal Parcels 1 through 4.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig. Div: Public Works(R/P) date shown. Contact: C. Pina-Sandoval (313-2012) Recording to be completed by PW ATT ESTE 'b* � cc: County Administrator JOHN CULLEN, Clerk of the Board of Auditor-Controller(via R/P) Supervisors and CouWy Administrator Engineering Services(Trina Torres) P.W.Accounting By Board Orders Clerk Specialist,Adm. Deputy RESOLUTION NO. 2006/ 5 Recorded at the request of: Contra Costa County Flood Control&Water Conservation District Return to: Deer Ridge Golf, LP c/o Roberto Brutocao 6 Venture, Suite 100 Irvine, CA 92618-7347 Portion of Assessor's Parcel No.007-100-109 Parcels 1 and 3 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, Grants to Deer Ridge Golf, LP, a California limited partnership the following described real property in the City of Brentwood, in the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Dated SEPT. 26 , 2006 By air, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) OnSEPT. 26, woe me,EMY L. SHARP Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared SUP JOHN GIOIA who is personally known to me (or 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 the entity upon behalf of which the person(s) acted executed the instrument. By: 1 eputy Clerk :CSP G:\RealProp\2006-Files\06-8\DE.03Suncal Parcels 1 and 3.doc 8/4/06 EXHIBIT A LEGAL DESCRIPTION - DESCRIBED AREA 1 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 71°20'47" WEST 62.100 METERS (203.74 FEET) AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE EASTERLY ALONG SAID LINE SOUTH 71°20'47" EAST 52.12 FEET; THENCE SOUTH 18°39'13" WEST 35.61 FEET TO THE GENERALLY SOUTHWESTERLY LINE OF SAID CCCFC&WCD PARCEL; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 37000'14"WEST 63.12 FEET TO THE POINT OF BEGINNING. CONTAINING 928 SQUARE FEET MORE OR LESS. SEE EXHIBIT B — PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION Q k.AND S� * Exp.•12-31.06 No.LS#6630 �T9TFDF CA\-\F��\� EXHIBIT A LEGAL DESCRIPTION DESCRIBED AREA 3 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE, DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 21'28'07" EAST 105.787 METERS (347.07 FEET)AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE SOUTHWESTERLY ALONG SAID LINE SOUTH 21028'07" EAST 104.77 FEET; THENCE NORTH 25°58'56" WEST 250.52 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 41036'07" EAST 185.01 FEET TO THE POINT OF BEGINNING. CONTAINING 8,641 SQUARE FEET MORE OR LESS. SEE EXHIBIT B — PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION 1AND \��5�•11N LE(��G v � * Exp. 12-31-05 No. L5#6630 s9r�oF CNS �23 LOT 38 4 27 � 29 EXHIBIT B . �, PEAT TO ACCOMPANY LEGAL DESCRIPTIONS LOT 1 % 427 M 29\\ LOT 40�� ` \ x,427 M 29 DESCRIBELOT 39 \ AREA 51 427 M 29 LOT 6 M 29 DESCRIBED AREA 2 LOT 41>D sRIBED 427 M RSA _1 SCALE 1 =400 i DESCRIBED \`\ CCC / AREA 3 I I \\ ' ooTHiLL oRvE 4$92 OR 455 DESCRIBED 4 I�� LOT 23 427 M 29 DESCRIBE \ AREA 6 Bus 8310 427 IM 29 , LOT 22 LOT 42 427 M 29 427 M 29 � �� DESCRIBED SP��' DR� /�� / AREA 7 PARCEL A�� LEGEND \ _ ' ,%' DESCRIBE AREA 10 POB = POINT OF BEGINNING \yam',,- l 469 M POC = POINT OF COMMENCEMENT ---_ - - , 19 i DESCRIBED LOT 33 AREA 9 427 M 29 LOT 34 427 M 29 DESCRIBED D Sip LAND L��`�o P CCCFC&WCD Ezp,12/31/05 4592 OR 455 NO. 6630 s9lF OF C AOF��\� Owner: Contra Costa County Flood Control & Project Name: Suncal Right of Way transfers Water Conservation District Project Number: 0651-61_083A 255 Glacier Drive Martinez, CA 94553 Parcel Number: Portion 007-100-109 Owner: Deer Ridge Golf, LP c/o Roberto G. Brutocao 6 Venture, Suite 100 Irvine, CA 92618-7347 Parcel Number: Portion 007-100-081 TRANSFER AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND DEER RIDGE GOLF, LP This Agreement is entered into by and between Contra Costa County Flood Control and Water Conservation District, a political subdivision (hereinafter "District") and Deer Ridge Golf, LP, a California limited partnership (hereinafter"Deer Ridge"), RECITALS A. District is the owner of real property located in Contra Costa County, California which is described as Areas 1 and 3 on Exhibit "A," attached hereto and incorporated herein by reference. The real property, including improvements thereon,, if any, is collectively referred to herein as "Properties 1 & 3." B. Deer Ridge is the owner of real property located in Contra Costa County, California which is described as Areas 2 and 4 on Exhibit "A" attached hereto and incorporated herein by reference. The real property, including improvements thereon, if any, is collectively referred to herein as "Properties 2 &4." C. The Property, 1, 2, 3, and 4, including improvements thereon, if any, is collectively referred to herein as "Properties." AGREEMENT NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Effective Date. It is understood that this Agreement is subject to approval by the District's Governing Board. This Agreement is effective on the date approved by the District's Governing Board ("Effective Date"). This Agreement will be submitted to Deer Ridge first for approval and thereafter to the District. 2. Transfers. Subject to the terms and conditions in this Agreement, District agrees to convey Properties 1 and 3 to Deer Ridge and Deer Ridge agrees to convey Properties 2 and 4 to the District. 1 3. Payment of Taxes, Penalties and Costs. R 3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any bond or assessment that constitutes a lien on the Properties 1 & 3 shall be cleared and paid by the District as of the date title shall vest in Deer Ridge by the recordation of the deed herein pursuant to Sections 4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of the date title vests. 3.2 All ad valorem real property taxes and any penalties and costs thereon, and all installments of any bond or assessment that constitutes a lien on Properties 2 & 4 shall be cleared and paid by Deer Ridge as of the date title shall vest in the District by the recordation of the deed herein pursuant to Sections 4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of the date title vests. 4. Conditions Performance. The District and Deer Ridge's obligations to perform under this Agreement are subject to the following conditions: 4.1. Conditions to the District's Performance. 4.1.1 Deer Ridge's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow. 4.1.2 Deer Ridge's performance of all obligations under this Agreement. 4.1.3. The vesting of title to Properties 2 and 4 in the District by grant deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except the following "Approved Exceptions" as outlined in the Preliminary Report dated March 23, 2006, issued by Fidelity National Title Company: 4.1.4 If the District determines that any of these conditions have not been met, the District shall have the right to terminate this Agreement by delivering written notice to Deer Ridge and, if applicable, to the Escrow agent 4.2 Conditions to Deer Ridge's Performance. 4.2.1 District's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow. 4.2.2 District's performance of all obligations under this Agreement. 4.2.3 The vesting of title to Properties 1 and 3 in Deer Ridge by grant deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except the following "Approved Exceptions" as outlined in the Preliminary Report dated March 23, 2006, issued by Fidelity National Title Company: 4.2.4 If Deer Ridge determines that any of these conditions have not been met, Deer Ridge shall have the right to terminate this Agreement by delivering written notice to the District and, if applicable, to the Escrow agent. 2 5. Escrow. If Fidelity National Title Insurance Company (the "Title Company") is unable to'simultaneously perform all of the instructions set forth above, the Title Company shall notify the District and Deer Ridge and retain documents pending receipt of further instructions from both parties. 5.1. Fees and Title Insurance. Deer Ridge shall pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the District or Deer Ridge, the premiums charged therefore to Deer Ridge. 5.2 District's Deposit into Escrow. On or before the Close of Escrow, the District will deliver into Escrow with the Title Company the following documents: A. A grant deed, in recordable form and properly executed on behalf of District, in a form approved by Deer Ridge ("Grant Deed") conveying to Deer Ridge the Properties 1 and 3 in fee simple absolute, subject only to the Approved Exceptions. 5.3 Deer Ridge's Deposit into Escrow. On or before the Close of Escrow, Deer Ridge will deliver into Escrow with the Title Company the following documents: A. A grant deed, in recordable form and properly executed on behalf of Deer Ridge, in a form approved by District ("Grant Deed") conveying to District Properties 2 and 4 in fee simple absolute, subject only to the Approved Exceptions. 5.4. Close of Escrow. Escrow shall close upon the conveyance of Properties 2 & 4 to the District and Properties 1 & 3 to Deer Ridge ("Close of Escrow). On the closing date, the Title Company shall close Escrow as follows: A. Record the Grant Deed from Deer Ridge, marked for return to the District care of Carmen Pint-Sandoval, Associate Real Property Agent for the District (which shall be deemed delivery to the District); B. Record the Grant Deed from the District, marked for return to Deer Ridge care of Roberto G. Brutocao, 6 Venture, Suite 100, Irvine, CA 92618-7347 (which shall be deemed delivery to Deer Ridge); C. Issue the Title Policies, if requested to do so by the parties; and D. Prorate taxes, assessments, rents and other charges as provided by this Agreement. 6. Transferring Party's Representations and Warranties. The District and Deer. Ridge make the following representations and warranties with the understanding that these representations and warranties are material and are being relied upon by the District and Deer Ridge. The District and Deer Ridge represent and warrant to each other that as of the date of this Agreement and as of the Close of Escrow: 6.1. Marketable Title. The District and Deer Ridge are the owners of the Properties and have marketable and insurable fee simple title to the Properties clear of restrictions, leases, liens and other encumbrances, subject only to the Approved Exceptions. No leases, licenses, or other agreements allowing any third party rights to use the Properties are or will be in force unless prior consent has been given by the District and Deer Ridge in writing. Commencing with the full execution of this Agreement by the District and Deer Ridge and until the Close of Escrow, the District or Deer Ridge shall not permit any liens, encumbrances or easements to be placed on the Properties other than the approved Exceptions, nor shall the District or Deer Ridge enter into any 3 agreement that would affect the Properties that would be binding on the District or Deer Ridge after the Close of Escrow without the prior written consent of the District or Deer Ridge. 6.2 Condition of Properties. The District and Deer Ridge have disclosed to each other all information, records and studies maintained by the District or Deer Ridge in connection with the Properties concerning hazardous substances and that the District and Deer Ridge are not concealing any knowledge of the presence of contamination or hazardous substances on, from or under the Properties. Any information that the District or Deer Ridge has delivered to each other either directly or through an agent is accurate and the District and Deer Ridge have disclosed all material facts with respect to the Properties. 6.3 Other Matters Affecting Property. To the best of the District's and Deer Ridge's knowledge, there are not presently any actions, suits, or proceedings pending or, to the best of the District's and Deer Ridge's knowledge, threatened against or affecting the Properties or the interest of the District's and Deer Ridge's in the Properties or its use that would affect the District's and Deer Ridge's ability to consummate the transaction contemplated by this Agreement. Further, there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Properties. To the best of the District's and Deer Ridge's knowledge there are not presently any pending or threatened condemnation, eminent domain or similar proceedings affecting the Properties. The District and Deer Ridge shall promptly notify each other of any of these matters arising in the future. 6.4 Transferrinq Party's Agency. That this Agreement and all other documents delivered prior to or at the Close of Escrow have been authorized, executed, and delivered by the District and Deer Ridge; are binding obligations of the District and Deer Ridge; and are collectively sufficient to transfer all of the District's and Deer Ridge' rights to the Properties. In addition to any other remedies that may be available to the District and Deer Ridge as the result of a breach of any of the foregoing warranties or representations, Deer Ridge agrees to defend and hold the District harmless and reimburse the District for any and all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any of the warranties and representations contained in this Agreement and all third-party claims arising out of or related to any facts or circumstances with respect to the period prior to the Close of Escrow. 7. Representations and Warranties. The District and Deer Ridge warrant that, upon approval of this Agreement by the District's governing body, this Agreement shall constitute a binding obligation between the District and Deer Ridge. 8. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 9. Possession of the Property. Possession of the Properties shall be delivered to the District and Deer Ridge at the Close of Escrow. , 10. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the District and Deer Ridge to this Agreement and their respective heirs, successors, and assigns. 4 I 4 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows: Deer Ridge: Deer Ridge Golf, LP c/o Roberto G. Brutocao 6 Venture, Suite 100 Irvine, CA 92618-7347 Telephone: (949)435-4272 District: Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Telephone: (925) 313-2012 Attn: Carmen Piha-Sandoval or to such other addresses as District and Deer Ridge may respectively designate by written notice to the other. 12. Entire Agreement. The District and Deer Ridge have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the District and Deer Ridge of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. District and Deer Ridge have no other right or claim, to compensation arising out of or connected with the acquisition of the subject Properties District or Deer Ridge, except as specifically set forth in this, Agreement, including but not limited to all claims for compensation for improvements pertaining to realty, all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or damages of every kind and nature by reason of acquisition of the subject Properties and both parties agree never to assert such a claim. 13. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The Recitals are and shall be enforceable as a part of this Agreement. 14. Further Assurances.. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances; assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 15. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement and no waiver shall be valid unless in writing and executed by the waiving party. 16. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. 5 17. Governing Law and Venue. This Agreement shall be governed and construed in accordance with California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County, California. CONTRA COSTA COUNTY FLOOD CONTROL DEER RIDGE GOLF, LP AND WATER CONSERVATION DISTRICT By: Deer Ridge Golf, Inc., General Partner RECOMMENDED FOPPROVAL: By f By Pr erty Agent Roberto G. Brutocao, CEO 0B Principal ea Property Agent Date: PROVED: By Maurice M. Shiu, Chief Engineer Date: 2 6 (Dat of Board Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A- Legal Description GARea1Prop\Carmen\2006 Correspondence\Transfer agreement-markup(4).doc 8/2/06 (GENERAL FORM APPROVED BY COUNTY COUNSEL 6/99; PROVISIONS EDITED TO REFLECT MUTUAL EXCHANGE OF PROPERTIES) ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of ®�RA�1G7✓ ll On &u5 i `�, '1- before me, o6-N P, (DATE) n (NOTARY) personally appeared 1C17 -►'� .�1 �, -�Od&V SIGNER(S) 21"personally known to me - OR - ❑ 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 JOANNE C.JOHNSTON the same in his/her/their authorized Ctownbsim#1493740 capacity(ies), and that by his/her/their Nakay Pubk-Calibmia Otange Coirx3►w signatures(s) on the instrumenttheperson(s), My Comm.Exl*es Jul 2.2008 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTA S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE �`OFFICER 0—GV TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) l0 ❑ ATTORNEY-IN-FACT NUMBER OF.PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 1 1 p DATE,OF DOCUMENT ❑ OTHER: OTHER ID SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)O ENTITY(IES) OF SIGNER CL APA 5/99 VALLEY-SIERRA, 800-362-3369 R EXHIBIT A LEGAL DESCRIPTION - DESCRIBED AREA 1 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 71020'47"WEST 62.100 METERS (203.74 FEET) AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION-8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE EASTERLY ALONG SAID LINE SOUTH 71020'47" EAST 52.12 FEET; THENCE SOUTH 18°39'13" WEST 35.61 FEET TO THE GENERALLY SOUTHWESTERLY LINE OF SAID CCCFC&WCD PARCEL; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 37°00'14"WEST 63.12 FEET TO THE POINT OF BEGINNING. CONTAINING 928 SQUARE FEET MORE OR LESS. SEE EXHIBIT B — PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION Sia SND SUNG vw� �1N�UNQ F�o� * Exp.12-31.05 No.LS#6630 s9T�oF EXHIBIT A LEGAL DESCRIPTION -DESCRIBED AREA 3 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 21028'07" EAS-T 105.787 METERS (347.07 FEET)AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE SOUTHWESTERLY ALONG SAID LINE SOUTH 21028'07" EAST 104.77 FEET; THENCE NORTH 25058'56" WEST 250.52 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 41036'07" EAST 185.01 FEET TO THE POINT OF BEGINNING. CONTAINING 8,641 SQUARE FEET MORE OR LESS. SEE EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION %AND * Exp.12-31-05 No. LS#6630 C�x�FDFF��\P CAL1 LOT 39 42729 EXHIBIT - \,P�AT TO 'ACCOMPANY LEGAL DESCRIPTIONS \ LOT 1 427 M 29�� LOT 40 ,427 M 29 DESCRIBE Q LOT 39 AREA 51 i 427 M 29 LOT 6 ,427 M 29 DESCRIBED AREA 2 42®M4 2`DES 9 -XP7-1 _ '�-i �� SCALE 1"=400' DRIBED AREA 3 i 4992 OR 455 ; OOTHILL dRIVE DAREAIB4 D �� LOT 23 427 M 29 DESCRIBE AREA 6 SUB 8310 , 4,27 M 29 � LOT 22 LOT 42 427 M 29 427 M 29 i DESCRIBED _ $Q�$$ �� AREA 7 PARCEL A',_ LEGEND -' ,'�� ,�. DESCRIBE POB = POINT OF BEGINNING \� � ----- Z' AREA 10 469 M 7 POC = POINT OF COMMENCEMENT '- \ i19 DESCRIBED LOT 33 _ AREA 9 427 M 29 LOT 34 427 M 29 DESCRIBED 8 D LAND C Exp.12/31/05 4692 OR 455 N0. 6630 s9�eel OF C R EXHIBIT A LEGAL DESCRIPTION - DESCRIBED AREA 2 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 39 OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD) PARCEL AS DESCRIBED IN THE DEED TO SAID DISTRICT RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL SOUTH 60027'19"WEST 136.62 FEET TO A CORNER COMMON TO LOT 6 AND LOT 39 OF SAID SUBDIVISION; THENCE ALONG THE COMMON LINES OF SAID LOT 6 AND LOT 39 THE FOLLOWING TWO COURSES: 1) NORTH 36°24'17" EAST 36.91 FEET AND 2) NORTH 21°25'31" EAST 118.91 FEET; THENCE SOUTH 77°59'41" EAST 36.23 FEET; THENCE SOUTH 15°25'11" EAST 67.95 FEET TO THE POINT OF BEGINNING. CONTAINING 6,668 SQUARE FEET MORE OR LESS. SEE EXHIBIT B — PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION `N LEUNc Exp. 12-31-05 No.LS#6630 �Q. s9TFoF CA�`Fo�� EXHIBIT A LEGAL DESCRIPTION -- DESCRIBED AREA 4 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 39 OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID LOT LABELED AS NORTH 21.028'07" EAST 105.787 METERS (347.07 FEET), SAID TERMINUS ALSO BEING A CORNER COMMON TO THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD) PARCEL AS DESCRIBED IN THE DEED TO SAID DISTRICT RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, OFFICIAL RECORDS OF SAID COUNTY AND AS SHOWN ON SAID MAP; THENCE ALONG SAID BOUNDARY LINE OF SAID PARCEL NORTH 21028'07" EAST 145.17 FEET; THENCE SOUTH 40°44'41 EAST 19.33 FEET; THENCE SOUTH 12035'46" EAST 21.30 FEET; THENCE SOUTH 00°35'12" WEST 22.50 FEET; THENCE SOUTH 08052'59" EAST 16.10 FEET; THENCE SOUTH 18°36'23" EAST 10.75 FEET; THENCE SOUTH 39°14'29" EAST 6.89 FEET; THENCE SOUTH 34050'20" WEST 30.00 FEET; THENCE NORTH 74051'17" WEST 26.84 FEET; THENCE SOUTH 53003'04" WEST 46.78 FEET TO THE POINT OF BEGINNING. CONTAINING 4,531 SQUARE FEET MORE OR LESS. SEE EXHIBIT B — PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION Exp. 12-31-05 No. LS#6630 LOT 38 427 M EXHIBIT PEAT TO ACCOMPANY LEGAL DESCRIPTIONS LOT 1 427 M 29\\ LOT 40 ,,,427 M 29 - DESCOBEQ LOT 39 AREA 51 427 M 29 LOT 427M 29 DESCRIBED AREA 2LOT � s 42® 4 >DEARCRIBED �L__j i� SCALE 1"=400' i DESCRIBED AREA 3 � r r 4692 OROOTHILL ®RW DESCRIBED i LOT 23 427 M 29 DESCRIBE \`� AREA 6 SUB 8310 127 IM 29T 22 LOT 42 � 4® M 29 427 M 29 �i DESCRIBED \ SPDR� / �/ AREA 7 PARCEL A'- LECEND DESCRIBE zl", AREA 10 POB = POINT OF BEGINNING -- POC = POINT OF COMMENCEMENT y _-- \469 M_7-,A.,20 DESCRIBED LOT 33 AREA 9 427 M 29 LOT i / . DESCRIBED 427 29 AREA 8 LAND Exp.12/31/05 4692 OR 455 N0, 6630 s9�F OF C