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MINUTES - 09182007 - C.07
f _ _ TO: BOARD OF SUPERVISORS Contra`���-�-�•r---•-•G�' FROM: MAURICE M. SHTU, PUBLIC WORKS DIRECTOR =7 01. - , :�t,rx Costa C DATE: September 18 2007 Count SUBJECT: Accept Offer of Dedication (Public Utilities 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) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/50.5 for Subdivision 03-08508, accepting Offer of Dedication (Public Utilities 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 (Public Utilities Easement) is required for installation of utilities. CONSEQUENCES OF NEGATIVE ACTION: The utility box will not be installed. Continued on Attachment: ---' SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE &�WPROVE OTHER e SIGNATURE(S)- ACTION 017BO ON 6�+++f�e.� / APPROVED AS RECOMMENDED OTHER VO "'0 SUPEI ►SOBS I hereby certify that this is a true and correct �e UNANIMOUS(ABSENT 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:\EnLSvc\BO\2007\09-18\BO-30 RA OS-I200.doc ATTESTED405*" Originator: Public Works(ES) Contact: I'.Rie(313-2363) JOHN CULLEN, Clerk of the Board of Recording to be completed by Clerk of the Board Supervisors and County Administrator cc: Current Planning,Community Development Department Windemere BLC Land Company 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94593 Attn:Brian Olin By , .Deputy City of San Ramon 2222 Camino Ramon San Ranwn,CA 94583 Attn:Chris Low Accorded al 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 18, 2007 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, BONILLA, AND PIEPHO NOES: NONE . ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2007/—SOP'S SUBJECT: Accepting Offer of Dedication (Public Utilities 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) 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 03-08508 Windemere BLC San Rarnon III (Public Utilities APN: 223-010-025 Land Company, (Dougherty Easement) LLC, a California Valley) Limited Liability Company BB:vz I. hereby certify that this is a true and correct copy of an GAEngSvc\B0\2007\09-18\BO-30 RA 05-1200.doc action taken and entered on the minutes of the Board of originator: Public Works(ES) Supervisors on the date shown. Contact: T.Ric(313-2363) Recording to be completed by Clerk of the Board cc: Current Planning,Community Development Department Windcmcrc BLC Land Company 6121 Bollinger Canyon Road,Suite 500 ATTESTED: San:Brian n,cn 94583 Attn:At13rian Olin JOHN CULLEN, Clerk of the Board of Supervisors and City of San Ramon County Administrator 2222 Camino Ramon San Ramon,CA 94583 Attn:Chris Low By , Deputy RESOLUTION NO.2007/ ��_ Recored at Contra Costa tCounty est of: IIII III III I III II III III III II I IIII III I IIII I IN I III Board of Supervisors Return to: CONTRA COSTA Co Recorder Office Public Works Department STEPHEN L, WEIR Clerk-Recorder Engineering Services Division DOC— 200`l-0264718-0@ Records Section DOC— Wednesday, Area: DOUGHERTY VALLEY(SAN RAMON) FRE $0. SEP 19, 2007 08:09:37 00 Road: IVY HILL WAY Tt 1 PJ10 00 Nbr-0003855752 Co.Road No.: N/A Q Development No.: SUBDIVISION 8508 Assessor's No.: 223-010-025 OFFER OF DEDICATION - PUBLIC UTILITIES 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 for public use,an easement for public utilities under,on and 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 easement or any improvements thereon or therein. 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 s+-p AC,si/Pwr ,e*0 A (Date). i (See attached signature page & notary) G:\Land\Communities\Windemere\07.53 Offers of Dedication\Phase 3 RA 1200 PU Easement 082707 Unsigned.doc SIGNATURE PAGE FOR OFFER OF.DEDICATION Windemere BLC Land Company LLC, a California limited liability company By: ook Id Bay Area Holdings LLC. a Dela is ompany, Member By: Its: 1 C..?i5 51 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 By: DAVID CIABATTARI Its: DIVISION 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 !ANS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Cot4r,- C Orv4RiLxlt - v1I, Z:307 before me, Date Name and itle of Offi ( .g.,'Jane Doe,Notary P personally appeared °`� ���So✓� Name(s)of Signers) 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 CAi119lINfl IA.�11KOR within instrument and acknowledged to me that CaImndum a 1715M3 he/she/tlhey executed the same in his/h►ertkheir authorized 11aw0 Pum.CalMolmtlo capacity(ies), and that by his/hefA+w4r signature(s) on the Cpfto Coda COW* instrument the person(s), or the entity upon behalf of O0 1 1 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above . Signature of Notary Poic 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 Do ument IiJ Title or Type of Document: Document Date: ALCv.Aj:k a-7 937 �"Ctk-A Number of Pages: Signer(s)Other Than Named Above: hU17- r,�P`4C -h'-LL o`f /I J74L Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here El Attorney in Fact Top of thumb here El Trustee ED Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I�I �.C{`- .cZ^.;G�.,GY..c-Y.,c91?;c=:�'..C:Y'..c:E`.,c�•.`�. ^.,cltGY'�. -..c`-S`.:�.'�..,�_CT�,c-:P.,�^„c:l�r,�c-,�+- - - - ., ;, �l ('' State of California 1 /� ���L ss. 1 ( County of ep ` T l.[ /A l On Auo,,A 4 4g-",+ before me, �y f ne I Date `,-_ Name and TNde of Olficerr(e.g.,"Jane Doe,Notary Public') 1 dra ! personally appeared tJ_ A • F-eWwb 4- CkViA bodoKe�8 I Name()of Signer(s) e personally known to me ❑ proved to me on the basis of satisfactory I evidence to be the person(s) whose name(s)-4s/are subscribed to the within instrument and acknowledged to me that he/she/they executed ! the same in 4i~their authorized 1 ( capacity(ies), and that by hisfFrer/their ; i. orsignature(s)on the instrument the person(s), or 1 DMAL UNM the entity upon behalf of which the person(s) ! ( Coll ffi ,R 0 171407 acted, executed the instrument. I '"°ft-c°1111011111111111" j coon Coft County WITNESS my hand and official seal. 00 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. I ! Description of Attached Document ( Title or Type of Document: V-&06 1&&&n ! ( Document Date: Number of Pages: l .I Signer(s)Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: 41"1 90 !' ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ! ( ❑ Trustee 1 ( ' ❑ Guardian or Conservator 1 ! ❑ Other: I 1 ! Signer Is Representing: f� � ! 0 1999 National Notary association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.nationalnotry.org Prod.No.5907 Reorder Call Toll-Free 1-800$76-6927 UAMP VKNIA ALL-V UKrUN Ak- 1N V W LL'Vky1V1L1N 1 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA 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 0 JACKIE A NELSON; COMM. #1W1%8 o - NOTARY PMUC.WFORNW Q I NATURE OF NOTARY PUBLIC Co"�"�TACOUNTM s0 SAM"22,2010-' ackie 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 QqL _ Corporate Officer Title 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. PUBLIC UTILITIES 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: COMMENCING AT A POINT ON THE WESTERN LINE OF SAID PARCEL A, SAID POINT ALSO BEING THE SOUTHERN TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS, "NORTH 24005' 11" EAST .24 ..64 FEET" AS SHOWN ON SAID MAP; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG SAID WESTERN LINE, THE FOLLOWING TWO (2) COURSES: 1) NORTH 24005' 11" EAST 24 .64 FEET, AND 2) ALONG THE ARC OF A TANGENT 698 . 00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 03019' 38" , AN ARC DISTANCE OF 40 .53 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID WESTERN LINE, SOUTH 69036' 41" EAST 3 .01 FEET; THENCE, NORTH 20023' 19" EAST 8 . 00 FEET; THENCE, NORTH 69036' 41" WEST 3 .01 FEET TO A POINT ON SAID WESTERN LINE; P:\0001 - 0599\462-00\LEGALS\LG-033.DOC LEGAL DESCRIPTION JULY 18, 2007 PAGE 2 OF 2 JOB NO. : 462-00 THENCE, ALONG SAID WESTERN LINE, ALONG THE ARC OF A NON-TANGENT 698 .00 FOOT RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 69053' 51" WEST, THROUGH A CENTRAL ANGLE OF 00039' 24" , AN ARC DISTANCE OF 8 .00 FEET TO SAID POINT OF BEGINNING. CONTAINING 24 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 SED SND SG 4(� �OclAER S �G S. %j lb CHRISTOP ER S . HARMISON, P.L.S. n O L.S . NO. 7176 c No. �»6 2 NEXPIRES: DECEMBER 31, 2007 ;A 12/314.e7 Q' CAL%F���� P:\0001 - 0599\462-00\LEGALS\LG-033.DOC EXHIBIT B CURVE TABLE NO. RADIUS DELTA I LENGTH N20'23'19"E 8.00' C1 698.00'10319'38"1 40.53' 3 I-------------� W PUBLIC UTILITY EASEMENT - ;o 24 SFt ° M Z I A=00'39'24" L=8.00' ( v' R=698.00' POB N69'53'51"W R N6914'27"W R DETAIL q 0 NTS PARCEL A o SUBD 8508 493 M 43 PUBLIC UTILITY EASEMENT (SEE DETAIL ABOVE) O _ N24'05'11"E C1 ''� 24.64' R=698.00' A=1 2'53'53" L=1 5 7.1 3' POC IVY HILL WAY PLAT TO ACCOMPANY LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT PARCEL A, SUBD 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 H:\94462\ACAD\PH03\PLAT\PLAT-IVY HILL-PUE.DWG