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Home My WebLink AboutMINUTES - 09182007 - C.06 TO: BOARD OF SUPERVISORS ..- '`, ; __.; Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa ova c.�- .,�¢ • DATE: September 18, 2007 CUl1Ilt sra coup y SUBJECT: Accept Offer of Dedication (Landscape Easement), for Subdivision 03-08508, for project being developed by Windemere BLC Land Company, LLC, a California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) SII C1171C REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION (S): ADOPT Resolution No. 2007/ for Subdivision 03-08508, accepting Offer of Dedication (Landscape Easement), for project being developed by Windemere BLC Land Company, LLC, a California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Offer of Dedication (Landscape Easement) is required for installation and maintenance of the irrigation mainline. CONSEQUENCES OF NEGATIVE ACTION: The irrigation mainline will not be installed. Continued on Attachment: —I-' SIGNATURE: _ ECOiMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 4-PPROVE OTHER SIGNATURE(S)- ACTION IGNATURE S -ACTION OFB r R ON b d� G� APPROVED AS RECOMMENDED OTHER VO'L'E F SUP• ISORS I hereby certify that this is a true and collect UNANIMOUS(ABSENT j copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. BB:vz G:\EngSvc\BO\2007\09-18\BO-30 SD 03-8508.doc ATTESTED:�n7,6G /�� „I,•�,o� Originator: Public Works(ES) JOHN CULLEN, Clerk of the Board of Contact: T.Kie(313-2363)63) Recording to be completed by Clerk of the Board Supervisors and County Administrator cc: Cuntint Planning,Community Development Department Windemere BI-C Land Company 6121 Bollinger Canyon Road,Suite 500 zftASan Ramon,CA 94583 AfJVJ Attn:Brian Olin By , Deputy City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Atm:Chris Low Recorded at the request of: IIII III III III II III III III II I IIII III I IIII I IN I III Contra Costa County CONTRA COSTA Co Recorder Office Public Works Department STEPHEN L, WEIR Clerk-Recorder Return to: /R Public Works Department DOC— 200 !—0264717-00 Records Section Wednesday, SEP 19, 2007 08:09:32 Area: DOUGHERTY VALLEY(SAN RAMON) FRE $0.00 Road: KAMI COURT/WELLS COURT Tt l Pd $0.00 Nbr-0003855749 Co.Road No.: N/A l r c/R 9/1-10 Development: SUBDIVISION 8508 APN: 223-010-007 OFFER OF DEDICATION -LANDSCAPE EASEMENT Windemere BLC Land Company LLC., a California limited liability company, 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 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 C;&A/o W-740e--e /J> •�i�� (see attached signature page & notary) G:\Land\Communities\Windemere\07.53 Offers of Dedication\Phase 3 SUB 9023 V31 landscape Easement 082707 Undsigned.doc SIGNATURE PAGE FOR OFFER OF DEDICATION Windemere BLC Land Company LLC, a California limited liability company By: Brookfield Bay Area Holdings LLC. a a i company, Member By. jr Its: 1 GL- • By. David Luebkeman Vice President Its: Chief Financial Officer By: Centex Homes, a Nevada general partnership, Member By: Centex Real Estate Corporation, a Nevada corporation Managing General Partner B Y• DA ID CIABATTARI Its: pIVISION PRESIDENT By: LEN-OBS Windemere, LLC., a Delaware limited liability company, Member By: Lennar Homes of California, Inc. a California corporation Managing Member By: Its: Don LAW--M' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF CONTRAfCOSTA On _August 28, 2007 before me, Jackie A. Nelson, Notary Public personally appeared David Ciabattari , 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 &JACK,IE:AA .�ELSONOMM. 3988 wL 22.2010 S S ATURE OF NOTARY PUBLIC kie A. Nelson My Commission Expires April 22, 2010 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 UTitle or Type of Document Title(s) 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, Suite 100 San Ramon, CA 94583 Signer(s) other than named above �_- JULY 18, 2007 JOB NO. : 462-00 LEGAL DESCRIPTION LANDSCAPE EASEMENT PORTION OF PARCEL A, SUBDIVISION 8508 (493 M 43) CONTRA COSTA COUNTY, CALIFORNIA EXHIBIT `A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL .A, AS SAID PARCEL A IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 8508, RECORDED AUGUST 21, 2006, IN BOOK 493 OF MAPS AT PAGE 43, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERN LINE OF SAID PARCEL A, SAID POINT BEING THE NORTHEASTERN CORNER OF PARCEL D, AS SAID PARCEL D IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 9023, RECORDED SEPTEMBER 25, 2006, IN BOOK 496 OF MAPS AT PAGE 17, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHWESTERN LINE, SOUTH 56053'47" EAST 10 .00 FEET; THENCE, ALONG A LINE PARALLEL WITH, AND TEN (10 .00) FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM SAID NORTHWESTERN LINE OF PARCEL A, THE FOLLOWING EIGHT (8) COURSES : 1) SOUTH 33006' 13" WEST 70 .52 FEET, 2) SOUTH 50046' 20" WEST 146 .32 FEET, 3) SOUTH 44037' 36" WEST 61.29 FEET, 4) SOUTH 40003' 50" WEST 65 .38 FEET, 5) SOUTH 32057' 49" WEST 73 .74 FEET, 6) SOUTH 27045' 45" WEST 72 .78 FEET, 7) SOUTH 32048' 24" WEST 183 .22 FEET, AND 8) SOUTH 34056' 14" WEST 19.02 FEET; THENCE, LEAVING SAID PARALLEL LINE, NORTH 55003'46" WEST 10 . 00 FEET TO A POINT ON SAID NORTHWESTERN LINE OF PARCEL A; P:\0001 - 0599\462-00\Legals\LG-032.doc r • LEGAL DESCRIPTION JULY 18, 2007 PAGE 2 OF 2 JOB NO. : 462-00 THENCE, ALONG SAID NORTHWESTERN LINE, THE FOLLOWING EIGHT (8) COURSES: 1) NORTH 34056' 14" EAST 18 .84 FEET, 2) NORTH 32048' 24" EAST 182 .58 FEET, 3) NORTH 27045' 45" EAST 72 .79 FEET, 4) NORTH 32057'49" EAST 74 .82 FEET, 5) NORTH 40003' 50" EAST 66 .40 FEET, 6) NORTH 44037' 36" EAST 62 .22 FEET, 7) NORTH 50046'20" EAST 145 .31 FEET, AND 8) NORTH 33006' 13" EAST 68.97 FEET TO SAID POINT OF BEGINNING. CONTAINING 6, 921 SQUARE FEET OF LAND, MORE OR LESS. ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION IJAND SG �pQNER s. v_ O CHRIST PHER S . HARMISON, P.L.S. V No. 7176 z ;o L.S. NO. 7176 N Exp.12J31L22 * EXPIRES: DECEMBER 31, 2007 Q' or c P:\0001 - 0S99\462-00\LEGALS\LG-032.D0C L1 EXHIBIT B LINE TABLE NO. BEARING LENGTH �� A R C r L D L1 S56'53'47"E 10.00' POB ��0 J 496 M 17 L2 S33'06'13"W 70.52' \sem L3 N32'57'49"E 74.82' ?r \ L4 S44'37'36"W 61.29' L5 S40'03'50"W 65.38' ScqLE 1 = L6 S32'57'49"W 73.74' 100. L7 N27'45'45"E 72.79' \� L8 N40'03'50"E 66.40' 45 342 \ L9 N44'37'36"E 62.22' L10 N33'06'1 A 68.97' L11 S34'56'14"W 19.02' L12 N55'03'46"W 10.00' �w 3 3 !\\<<s 1� PARCEL A L13 N34'56'14"E 18.84' ,� 3�� ` <0 s 493 M 43 SUBD 8508 �,• 345 360 359 �\s� 361 353 353 SURD 9023 496 M 17 357 363 L12 35 5 j00 364 � 355 354 PLAT TO ACCOMPANY LEGAL DESCRIPTION LANDSCAPE EASEMENT PARCEL A, SUBDMSION 8508 (493 M 43) CONTRA COSTA COUNTY, CALIFORNIA JULY 2007 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 94462\ACAD\PH03\PLAT\PLAT-VILLAGE 31-LME.DWG