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HomeMy WebLinkAboutMINUTES - 10141997 - D3 •���=S E .L ,0�,, Contra s TO: BOARD OF SUPERVISORS n• ' Costa County 1 40 FROM: DENNIS M. BARRY, AICPy•, COMMUNITY DEVELOPMENT DIRECTOR -9 COUK DATE: October 1, 1997 SUBJECT: Dougherty Valley Memorandum of Understanding, SUB 7796, San Ramon Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the letter from Shapell Industries agreeing not to close escrow or request final inspections on building permits on production unit housing until the Proposition 218 election establishing the tax/assessment for CSA M-29 is completed. 2 . Authorize the Interim Community Development Director to execute the Memorandum of Understanding between Contra Costa County, the City of San Ramon, Shapell Industries, and Windemere Ranch Partners relating to the development of the Dougherty Valley. FISCAL IMPACT The County's costs to process development in the Dougherty Valley as discussed in this MOU will be fully funded by developer fees; therefore, this agreement which outlines the County' s roles and responsibilities will have no impact to the County's General Fund. This MOU also defines the financing assumptions of a County Service Area (CSA M-29) . The County will perform an administrative role in the CSA M-29 program which will provide a wide variety of municipal services in the Dougherty Valley. The county's role will be fully funded by the CSA Tax/Assessment. Further, the extended public services to the Dougherty Valley will be financed without extra cost to the County General Fund and. taxpayers outside the Dougherty Valley. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE-- APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON October 14 , 1997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT - - - - TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbie Chamberlain - 335-1213 Orig: Community Development Department ATTESTED October 14 , 1997 cc: County Administrator PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller AND qPUNTY ADMINISTRATOR Tax Collector City of San Ramon BY , DEPUTY Shapell Industries Windemere Town of Danville 2 . BACKGROUND/REASONS FOR RECOMMENDATIONS The unincorporated Dougherty Valley received Board of Supervisors approval in 1992 for a General Plan Amendment allowing up to 11,000 dwelling units and up to 680, 000 square feet of commercial space. Although the County will act as the lead agency in the processing of development in the Dougherty Valley, the City of San Ramon will play a significant role in the review and approval process since they will inherit the completed improvements. The City will annex the Dougherty Valley development as each final map is filed. This MOU was created to ensure that the roles and responsibilities of the City and the County concerning the processing of development in the Dougherty Valley are clearly defined. The MOU will also ensure that ownership of and responsibility for maintaining public improvements in the Dougherty Valley are efficiently transferred from the County to the City. The MOU is an instrument of compliance with the Settlement Agreement entered into by and between the County, developers, the City of San Ramon, and the Town of Danville on May 11, 1994 , to settle certain claims brought by the City and the Town relating to the development of the Dougherty Valley. Specifically, Section 3 . 3 . 6 of the Settlement Agreement requires that a "Further Agreement" be executed that outlines the roles and responsibilities of each of the parties involved in the processing of development in the Dougherty Valley. This MOU satisfies the requirements of the "Further Agreement" specified in the Settlement Agreement. In addition to addressing the role and responsibilities of the agencies involved in the review and approval of development, this MOU defines the financing assumptions and administrative roles of CSA M-29. In May of 1996, the Board of Supervisors adopted Resolution 96/238 forming CSA M-29 . The types of services to be provided by the CSA include a wide variety of municipal services, including extended police coverage, construction, operation and maintenance of parks, trails and community facilities, and maintenance of the internal street network. The CSA will be funded through portions of the 1% General Ad Valorem Property Tax, as well as through a CSA Assessment. The amount of CSA Assessment that will be charged annually is $563 (fiscal year 1997-1998) for a Tier A residential unit, $795 (fiscal year 1997-1998) for a Tier B residential unit and $0. 31 for each square footage of non- residential development. CSA M-29 will also receive 4% of the General Ad Valorem Property Tax as provided for in Section 3 . 3 . 1 of the Settlement Agreement, the Development Agreement, the Conditions of Approval, the draft Property Tax Exchange Agreement, and the draft Annexation Agreement. This MOU is intended to be consistent with previous agreements. If there is a conflict between this MOU and the Settlement Agreement, the Settlement Agreement will control on the point of conflict. If there is a conflict between this MOU and any previous agreement other than the Settlement Agreement, the more specific agreement will control on the point of conflict. On September 17 , 1997 the Dougherty Valley Oversight Committee ("DVOC") recommended that the MOU be approved by the City Council and the County Board with minor revisions. Additionally, due to the two to three months needed to complete the Proposition 218 election process and the need to have the MOU completed to set the tax/assessment amount, the DVOC agreed to recommend to the Board of Supervisors that Shapell Industries be permitted to file their first four final maps prior to authorization of the tax/assessment. To ensure that the election process would be completed without the sale of production units, the DVOC required that Shapell Industries not close escrow or request final inspections on any of the production unit housing. Include with 3 . the Board of Supervisors' packet is a schedule for the election process which outlines all the steps necessary to complete the process. On September 30, 1997 the San Ramon City Council approved and executed the MOU. Consequences of Negative Action Negative Action by the Board will delay compliance with the Settlement Agreement which requires a "Further Agreement" that summarizes the many agreements and assumptions by the parties associated with the development of the Dougherty Valley. This will impair County and City staff and the developer in their respective roles pertaining to the processing, completion, operation and maintenance of development in the Dougherty Valley. Development of the Dougherty Valley cannot effectively proceed without the approval of this MOU. DC/aa BD/7796.DJC OCT-08-97 WED 16: 15 SING LAND DEPT FAX N0. 408946465( r, uc SHAPELL INDUSTRIES of NORTHERN CALIFORNIA A Division of Shapell Industries, Inc. October 8, 1997 Ms. Debbie Chamberlain Senior Planner Comm unity Development Dept. Contra Costa County 651 Pine Street Fourth Floor, North Wing Martinez, CA 94553 Re: Country Club at Gale Ranch Timing of Final Map Approval Versus CSA M-29 Tax/Assessment Election Dear Ms. Chamberlain: On September 30, 1997 the San Ramon City Council unanimously voted to approve the Memorandum of Understanding Between Contra Costa County, the City of San Ramon, Shapell Industries and Windemere Ranch Partners Relating to the Development of Dougherty Valley. At that meeting the City Council also found that a"letter agreement" would be acceptable to address the City's and County's concerns that our first four final maps be allowed to stove forward prior to the actual authorization of the tax/assessment. This letter is to confirm our understanding of that provision and our acceptance of the associated conditions. Our understanding of the conditions required to allow our final maps to be agendized before the Board of Supervisors is as follows: 1. The initiation of the assessment process, including the Engineers Report/Tentative Report; assessment ballots, and notice of assessment ballot proceedings and public hearing in combination with the notice of public hearing on the proposed resolution regarding adoption of a special tax pursuant to Government Code Sec. 50077 shall be agendized concurrently with our final maps. OCT-08-97 WED 16: 16 SINC LAND DEPT FAX NO. 4089464657 nu. 2 Shapell Industries may request and receive building permits for any parcel within an approved Final Map before the Special Tax or the Benefit Assessment are authorized pursuant to California Constitution Articles XIII C and D ("Proposition 218") and such other laws that are applicable. However, Shapell Industries shall not request nor receive final inspections or close escrow for any such parcel before the Special Tax and the Benefit Assessment are authorized pursuant to California Constitution Articles XIII C and D ("Proposition 218") and such other laws that may apply. Please accept this letter as our agreement to proceed in full compliance with the two conditions noted above. To demonstrate our intention to diligently proceed with both the Benefit Assessment and the Special Tax I have attached our timeline to proceed with both to completion. Sincerely, Shapell Industries of Northern California J. Christian Truebridge Vice President cc Dan Hancock, SINC OCT-08-97 WED 16: 16 SINC LAND DEPT hAX NU. 4Ma4b40b1 CALENDAR FOR CSA M-29 DOUGHERTY VALLEY MOU,FINAL MAPS,SPECIAL TAX,BENEFIT ASSESSMENT On May 21, 1996,the Board of Supervisors adopted Resoluttion No. 96!238 forming CSA M-29. Paragraph No. 6 states that it is contemplated that the CSA Will be supported by user fees and benefits assessments or by special taxes authorized pursuant to Government Code §§ 25210.6a and 23027 and/or$0075, et seq. DATES ACTION September 30 MOU: The City Council approves the MOU. October 7 Final copies orf all items that will be before the Board of Supervisors on October 14 must be submitted to County Staff. Developers will work with County staff on drafts of these items prior to this date. These items include: MOU: Final copy of the MOU executed by the Developers and approved by the City. Final Maps: Final copies of four final maps for the Shapell Property. Assessment: A resolution ordering the initiation of the assessment process,including,as attachments, the Engineer's Report/Tentative Report;assessment ballots,and notice of assessment ballot proceeding and public hearing. Tax: Notice of public hearing on proposed resolution regarding adoption of a special tax pursuant to Government Code § 50077. October 14 MOU: The Board of Supervisors approves the MOU. Final Maps: The Board of Supervisors approves four final maps for the Shapell Property. cA972eeo.02:472272-024 1010e197 11'.30 nM OCT-08-97 WED 1616 SINC LAND DEPT FAX NU. UbSbObf DATES ACTION Assessment: The Board of Supervisors adopts the resolution ordering the initiation of the assessment process,including as attachments,the Engineer's Report/Tentative Report;assessment ballots,and notice of assessment ballot proceeding and public hearing. Govt. Code §25131;Prop. 218 §4. Tax: The Board of Supervisors orders notice and a public hearing on proposed resolution regarding adoption of a special tax pursuant to Govemment Code § 50077. October 17 Assessment: The Public Works Department mails written notice,includinTM a ballot to the record owners of each parcel upon which the benefit assessment will be imposed. Prop. 218 § 4(c), (d). 'rhe Clerk of the Board of Supervisors publishes notice of the public hearing in a local newspaper. The notification will include the time,date and place for the he'azing and the filing of protests on the proposed benefit assessment. CC § 1012-2.608. October 28 Tax: Board of Supervisors holds a public hearing pursuant to Government Code § 50077 and issues an order directing the Elections Clerk to conduct a special election for the special tax. Election Department receives a copy of the ordinance and the order. Govt. Code §§ 50077,Elections Code § 4000 et seq.. October 31 Tax: Election Department 1) sends a memorandum to County Counsel requesting a short (500 word maximum)impartial analysis of(a)the effect of the measure on existing law and (b)the operation of the measure. Elections Code § 9160; and 2) forwards to a local newspaper for publication notice of the election and of voters' right to file a written argument for or against the measure and mails notice to voters. Elections Code § 9162. 2 CA972M.C29 OCT-06-97 WED 1616 SINC LAND DEPT FAX NO. 4UBJ4b4bbr F. UU DATES ACTION November 20 Tax: Last day for argwnents to be submitted to the Election Department. Election Department receives Impartial analysis from County Counsel. November 24 to Tax: Elections Clerk completes the official November 28 election materials and makes a copy available for public review. Elections Code § 9190. December 8 Tsx: Deadline for voter registration. Elections Code§ 2102. December 8 Tax: Election Department submits the official election materials to the printer. December 10 Tax: Official elections materials due back from the printer. December 10 to Tax: The County election officials send out ballots December 22 by mail. Elections Code §4101. December 9 Assessment: The Board of Supervisors conducts a public hearing on the proposed benefit assessment and considers any objections or protests to the Tentative Report. At the public hearing,the Board considers all protests against the proposed benefit assessment and tabulates the ballots. The ballots will be weighed accordsng to the proportional financial obligation of the affected property. The proposed benefit assessment will be approved unless a majority of the ballots oppose the proposed benefit assessment. The Board will then adopt a resolution which: (l) confirms the Tentative Repoit; (2)assesses the benefit assessment in the Tentative Report;(3)finds that County Staff,acting as the Designated Director.has concluded that the Tentative Report conforms to the official assessment roll for the year in which the benefit assessment will be collected and,therefore, eonstitutcs the Final Report for the CSA UI-29 Benefit 3 OCT-08-97 WED 16: 17 SINC LAND DEPT hAX NU. 4utiy4040o( DATES ACTION Assessment;and(4)confirms the Final Report. This resolution levies the benefit assessment for the fiscal year referred to in the Final Report CC § 1012-2.610,2.612;Prop.218 §4(e). January 6 Tax: Special election date. Mail ballots must be returned to the election office by 8:00 pm. The special tax must be approved by two-thirds of the voters. Elections Code § 4103, Govt. Codc 50077. January 9 Tax: Election Department counts votes of Special Election and submits results to the Board of Supervisors. January 20 or Tax: Board of Supervisors canvases and certifies January 27 results of Election. 4 cA9726 0.0n DJ / MEMORANDUM OF UNDERSTANDING Between Contra Costa County, the City of San Ramon, Shapell Industries and Windemere Ranch Partners Relating to the Development of Dougherty Valley TABLE OF CONTENTS PAGE Section1. Definitions........................................................................................................................2 Section2. Purpose.............................................................................................................................7 Section3. Principles..........................................................................................................................7 3.1 Consistency with Other Agreements................................................................ 3.2 Consistency with Property Tax Sharing Agreement.................................................. 3.3 Maintenance of City Service Levels................................................................................8 3.4 Continuation of CSA M-29 after Annexation..................................................................8 3.5 Sufficient Funds for Improvements. ................................................................................8 3.6 Allocation of Tax Revenue..............................................................................................8 Section 4. Roles and Responsibilities...............................................................................................8 4.1 Generally..........................................................................................................................8 4.2 County Building Inspection Department: Approval of Permits and Plans.....................9 (a) Grading Permits and Plans......................................................................................9 (b) Building Permits.....................................................................................................9 (c) Final Plans...............................................................................................................9 4.3 County Public Works Department: Approval of Improvement Plans, Final Maps, Design Standards; Review of Public Right-of-Way and Landscape Plans.................................................................................................................................9 (a) Improvements and Final Maps. .......................................................:......................9 (b) Design Standards. .................................................................................................10 (c) Public Right-of-Way and Landscape Plans..........................................................10 4.4 County Community Development Department: Approval of Architectural, Plot, Landscape and Park Plans. ....................................................................................10 4.5 County Public Works Department: Inspection and Approval of Road Improvements and Landscaping. ...................................................................................10 (a) Road Improvements and Landscaping: Inspection Authority.............................10 (b) Road Improvement and Landscaping Inspection Process....................................11 (c) Security.................................................................................................................12 4.6 Maintenance of Road and Landscaping Improvements.........:.......................................12 i TABLE OF CONTENTS (Continued) PAGE (a) Maintenance Process A--Annexed Areas and Areas for which the Annexation Process has been Initiated.................................................................12 (b) Maintenance Process B--Unincorporated Areas...................................................12 4.7 County Building Inspection Department: Inspection and Approval of Grading..........12 4.8 Mitigation Monitoring.....................................................................................................13 4.9 Acknowledgment and Agreement by City.....................................................................13 4.10 Flood'Control Basin Maintenance. ................................................................................13 (a) Public Detention Basins........................................................................................13 (b) Private Detention Basin........................................................................................13 (c) Creek Corridors.....................................................................................................13 (d) Funding.................................................................................................................13 Section 5. Financial Provisions.......................................................................................................14 5.1 CSA M-29 Funding Sources..........................................................................................14 (a) Shares of I%General Ad Valorem Property Tax.................................................14 (b) CSA M-29 Tax/Assessment..................................................................................15 5.2 Allocation of CSA M-29 Funds.....................................................................................17 (a) Shares of I%General Ad Valorem Property Tax.....:...........................................17 (b) Tax/Assessment....................................................................................................17 5.3 Flood Control Funding...................................................................................................17 (a) Required Detention Basin Funding.......................................................................17 (b) Understandings to Ensure Detention Basin Funding............................................18 5.4 Budget Process...............................................................................................................18 (a) Five-Year Budget..................................................................................................18 (b) Annual Budget......................................................................................................18 (c) Budget Process......................................................................................................18 (d) Budget Responsibilities. .......................................................................................19 (e) Budget Assumptions...............................................:.............................................19 (f) Priority of Funding................................................................................................20 (g) Capital Reserve.....................................................................................................20 ii TABLE OF CONTENTS (Continued) PAGE (h) Shortfalls...............................................................................................................21 (i) Supplemental Funding..........................................................................................21 Section 6. Developed Areas Not Annexed..................:...................................................................21 6.1 CSA M-29 to Contract with City for Services...............................................................21 6.2 Acknowledgment and Agreement by County................................................................21 Section 7. Dispute Resolution.........................................................................................................21 Section 8. Defense and Indemnity. ..............................................................................:..................22 (a) Developers' Actions. ............................................................................................22 (b) Agencies' or Developers' Actions........................................................................22 (c) Subdivision Agreement and Defense....................................................................22 Section 9. Successors and Assigns, Assignment and Transfer. ......................................................22 9.1 Successors and Assigns..................................................................................................22 9.2 Assignment of Interests, Rights and Obligations...........................................................22 9.3 Transfer Agreements......................................................................................................22 (a) Shapell Property....................................................................................................22 (b) Windemere Property.............................................................................................23 9.4 Non-Assuming Transferees............................................................................................24 Section10. Miscellaneous.................................................................................................................24 10.1 No Agency, Joint Venture or Partnership......................................................................24 10.2 No Third Party Beneficiaries. ........................................................................................24 10.3 No Waiver of Tort Claims Act.......................................................................................24 10.4 Incorporation of Recitals and Introductory Paragraph...................................................25 10.5 Severability. ...................................................................................................................25 10.6 Other Necessary Acts.....................................................................................................25 10.7 Construction...................................................................................................................25 10.8 Remedies........................................................................................................................25 10.9 California Law. ........................................................................................................ ..25 iii TABLE OF CONTENTS (Continued) PAGE 10.10 Attorneys' Fees...............................................................................................................25 Section11. Notices............................................................................................................................25 Section 12. Entire MOU, Counterparts and Exhibits........................................................................28 Section 13. Recordation of MOU......................................................................................................28 iv MEMORANDUM OF UNDERSTANDING Between Contra Costa County, the City of San Ramon, Shapell Industries and Windemere Ranch Partners Relating to the Development of Dougherty Valley This Memorandum of Understanding ("MOU") between Contra Costa County (the "County"), the City of San Ramon, a municipal corporation (the "City"), Shapell Industries, Inc., a Delaware corporation ("Shapell") and Windemere Ranch Partners, a California limited partnership ("Windemere") (Shapell and Windemere are individually "Developer" and together the "Developers"), is entered into as of this day of October 1997 (the "Effective Date"). Developers, City and County are from time to time hereinafter referred to individually as a "Party" and collectively as the "Parties." This MOU is an instrument of compliance with that certain agreement entered into by and between the County, Developers, the City and the Town of Danville ("Danville") on May 11, 1994 to settle certain claims brought by the City and Danville as more fully described therein (the"Settlement Agreement"). RECITALS A. Section 3.3.6 of the Settlement Agreement provides for a"Further Agreement" that shall: set forth in greater detail in an agreement or memorandum of understanding to be entered into by and between San Ramon, the County and the Developers prior to the annexation to San Ramon of any portion of Dougherty Valley. Such agreement or memorandum may include provisions pursuant to which San Ramon would provide services to, and operate and maintain infrastructure and facilities located in, unincorporated areas included in the County Service Area. B. This MOU is also intended to be a reference document, incorporating the salient parts of many agreements and assumptions by the Parties associated with the Project. It is intended to document, coordinate and implement previous agreements for those jurisdictions and individuals responsible for monitoring and implementing the actual physical development of Dougherty Valley over many years. This MOU is intended to be consistent with previous agreements. If there is a conflict between this MOU and the Settlement Agreement, the Settlement Agreement shall control on the point of conflict. If there is a conflict between this MOU and any previous agreement other than the Settlement Agreement,the more specific agreement shall control on the point of conflict. C. This MOU is entered into between the County, the City, Shapell and Windemere. Shapell and Windemere will be released from their obligations under this MOU at Build-Out. However, such release will not affect other agreements relating to Dougherty Valley between any of the Parties. UNDERSTANDING Section 1. Definitions. "Agencies" shall mean Contra Costa County and the City of San Ramon. "Annexation Agreements" shall mean those agreements that shall be promptly entered into between the City and Developers pursuant to Section 4.2.5 of the Settlement Agreement. The Annexation Agreements shall establish the mechanisms by which the City and Developers shall cooperate in the phased annexation of the Shapell Property and the Windemere Property into the City. "Annual Budget" shall mean the annual budget for Contra Costa County Service Area M-29. "Annual Tax/Assessment Per Parcel" shall mean the amount of Tax/Assessment that shall be annually levied on parcels within CSA M-29 pursuant to Section 5 of this MOU. "Applicable Law" shall mean those rules, regulations, official policies, standards and specifications applicable to (1)the Country Club at Gale Ranch on the approval date of that certain agreement titled "Development Agreement Between County Of Contra Costa And Shapell Industries, Inc. Relating To The Development Commonly Known As Country Club At Gale Ranch" entered into by and between Shapell and the County as of January 11, 1995 and recorded February 17, 1995 at Contra Costa County Records, #95-027735, and any amendments thereto; and (2)the Gale Ranch Remainder on the approval date of that certain agreement titled "Development Agreement Between County Of Contra Costa And Shapell Industries, Inc. Relating To The Development Commonly Known As The Gale Ranch" entered into by and between Shapell and the County as of April 8, 1996 and recorded April 25 1996 at Contra Costa County Records , #96-75415, and any amendments thereto; and (3) Gumpert Ranch on the approval date of that certain agreement titled "Development Agreement By And Between The County Of Contra Costa And Windemere Ranch Partners" entered into by and between Windemere, Windemere Ranch Partners and the County as of January 18, 1996 and recorded January 11, 1996 at Contra Costa County Records, #96-0048-46, and any amendments thereto. "As-Built Plans" shall mean those sets of plans depicting the improvements and/or structures actually constructed in the Project. "Benefit Assessment" shall mean only the assessment authorized or levied on real property within CSA M-29 pursuant to Section 5 of this MOU. It shall not include other ad valorem property taxes, taxes, fees, or charges derived from real property within, or property owners or inhabitants of CSA M-29. 2 "Board of Supervisors" or "Board" shall mean the Board of Supervisors of Contra Costa County. "Build-Out" shall mean completion of a planned community, consisting of 11,000 dwelling units or such lower number of units as provided in the Settlement Agreement for the Project, together with associated facilities, infrastructure and improvements, that are to be developed in Dougherty Valley as described in the Specific Plan. "Building Codes" shall have the meaning set forth in Section 4.2(b) of this MOU. "Camp Parks" shall mean the approximately 892 acres owned by the United States Department of the Army within Dougherty Valley. "Capital Reserve" shall have the meaning set forth in Section 5.4(g)of this MOU. "Capital Reserve Account" shall have the meaning set forth in Section 5.4(g) of this MOU. "City" shall mean the City of San Ramon and shall include, unless otherwise provided, any of the City's agencies, departments, officials, employees or consultants. "City Council" shall mean the City Council of San Ramon. "Community College District" shall mean the Contra Costa County Community College District. "Community Development Director" shall mean the Director of the County's Community Development Department, or his or her designee. "Conditions of Approval" shall mean those certain conditions of approval approved by the County relating to the Project. "Consumer Price Index" shall mean that certain measure of the average change in prices over time in a fixed market basket of goods as reported by the United States Department of Labor Statistics for the San Francisco-Oakland-San Jose area. The base year for the Consumer Price Index used in calculating the Tax/Assessment on parcels within the Dougherty Valley shall be the year in which this MOU is executed. "Country Club at Gale Ranch" shall mean the approximately 618 acres within the Shapell Property for which the County approved a general plan amendment, rezoning with a preliminary development plan, final development plan, subdivision map and development agreement on December 20, 1994. "County" shall mean the County of Contra Costa, and shall include, unless otherwise provided, any.of the County's agencies, departments, officials,. the Contra Costa County Flood Control and Water Conservation District, and employees or consultants. 3 "County General Fund Allocation" shall mean the percentage of General Ad Valorem Property Tax allocated to the County General Fund. "CSA M-29" shall mean Contra Costa County Service Area M-29. "CSA M-29 Funds" shall have that meaning set forth in Section 5.1 of this MOU. "Developer" and "Developers" shall have those meanings set forth in the Preamble of this MOU and shall further include, unless otherwise provided, Developers' successors, heirs, assigns and transferees. "Development Agreements" shall mean (1)that certain agreement titled "Development Agreement Between County Of Contra Costa And Shapell Industries, Inc. Relating To The Development Commonly Known As Country Club At Gale Ranch" entered into by and between Shapell and the County as of January 11, 1995 and recorded February 17, 1995 at Contra Costa County Records, #95-027735, and any amendments thereto; (2)that certain agreement titled "Development Agreement Between County Of Contra Costa And Shapell Industries, Inc. Relating To The Development Commonly Known As The Gale Ranch" entered into by and between Shapell and the County as of April 8, 1996 and recorded April 25, 1996 at Contra Costa County Records, #96-75415, and any amendments thereto; and (3)that certain agreement titled "Development Agreement By And Between The County Of Contra Costa And Windemere Ranch Partners" entered into by and between Windemere, Windemere Ranch Partners and the County as of January 18, 1996 and recorded January 11, 1996 at Contra Costa County Records, #96-0048-46, and any amendments thereto. "Direct Revenue" shall mean that public revenue generated by direct taxes, assessments, fees or charges on real property. The general ad valorem property tax and CSA M-29 special tax and special assessment are examples of Direct Revenue. "Dougherty Valley" shall mean the approximately 6,000 acres within Contra Costa County which includes the Shapell Property, the Windemere Property and Camp Parks, as more specifically described in Exhibit A to Resolution No. 96/238 adopted by the Board of Supervisors on May 21, 1996 forming CSA M-29. "EBMUD Settlement Agreement" shall mean that certain agreement titled "Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and Environmental Impact Report and Relating to the Water Supply Management Program and Environmental Impact Report of the East Bay Municipal Utility District" entered into by and among East Bay Municipal Utilities District (`.`EBMUD"), County of Contra Costa, Shapell Industries of Northern California and Windernere Ranch Partners effective as of August 8, 1995. "Educational Revenue Augmentation Fund " or "ERAF" shall mean that fund set up by the State to receive property taxes for the augmentation of school revenues. The ERAF currently receives a portion of the General Ad Valorem Property Tax. 4 "Entitlements" shall mean all permits and approvals that have been issued or will be issued by the County related to the planning for and the development of all or any portion of the Dougherty Valley including, without limitation, the General Plan Amendment and Specific Plan, as they may be amended, preliminary development plans, final development plans, rezoning, vesting tentative and final subdivision maps, resubdivisions, design review approvals, development agreements, land use permits, conditional use permits, building and grading permits, and certificates of occupancy. "Five-Year Budget" shall mean the five-year projection of revenues and costs prepared annually for Contra Costa County Service Area M-29 which shall be used for planning and advising regarding Annual Budgets. "Gale Ranch Remainder" shall mean the development and all improvements to be constructed on the approximately 2,100 acres owned by Shapell and excluding the Country Club at Gale Ranch. "General Ad Valorem Property Tax" means the property tax calculated based upon 1%of the assessed valuation of a parcel. "General Maintenance" shall mean all operational and maintenance activities associated with development of infrastructure for the Project, except those activities relating to schools and activities of other special districts. General Maintenance includes activities relating to police services, road maintenance, drainage maintenance, street landscaping, park maintenance, open space maintenance, maintenance of community facilities and associated costs. "Geologic Hazard Abatement District 90-01" shall mean that Geologic Hazard Abatement District formed by the City Council of the City on July 10, 1990 pursuant to Resolution No. 90/106, including any amendments to its boundaries. "GHAD Annexation Agreements" shall mean (1) that certain agreement titled "GRAD Annexation Agreement between Geologic Hazard Abatement District 90-01 and Shapell Industries, Inc." entered into on July 22, 1997 and recorded , 1997 at Contra Costa County Records, # , and any amendments thereto; and (2)that certain agreement titled "GHAD Annexation Agreement between Geologic Hazard Abatement District 90-01 and Windemere Ranch Partners, Ltd." entered into on September 23, 1997 and recorded 1997 at Contra Costa County Records,# , and any amendments thereto. "Indirect Revenue" shall mean that public revenue generated from sources that cannot be immediately and directly traced to individual parcels of real property. Indirect Revenue includes, but is not limited to revenues from sales taxes, fines and fees for licenses and permits from areas under the jurisdiction of the City. "Initial Level of Development" shall mean completion of the initial 8,500 dwelling units, together with associated facilities and infrastructure, that may be developed in Dougherty Valley, as further provided in Section 4.2.2 of the Settlement Agreement. 5 "Master Builders" shall mean those builders or developers to which the Developers may assign or transfer their respective obligations under Section 9 of this MOU. No more than a total of two (2) Master Builders may be designated at any time, and one (1) Master Builder for the Shapell Property and one (1) Master Builder for the Windemere Property. Master Builder(s) shall, in particular, be responsible for performing Shapell's and/or Windemere's obligations relating to the preparation of each Annual Budget and each Five-Year Budget pursuant to Section 5 of this MOU. "Mitigation Monitoring Program" shall have that meaning set forth in Section 4.8 of this MOU. "Project"shall mean the development up to the initial certificate of occupancy for each lot or commercial unit, together with all associated facilities, infrastructure and improvements to be constructed on the approximately 5,087 acres that include both the Shapell Property and the Windemere Property. "Property Tax Sharing Agreement" shall mean that certain agreement or agreements that shall be promptly entered into, pursuant to Revenue & Taxation Code section 99 and the Settlement Agreement, between the County and City relating to the exchange and sharing of property taxes for property within the Project following annexation of such property to the City. The terms of the Property Tax Sharing Agreement shall include but not be limited to the requirement that the. County shall transfer to the City 4% of the 1% General Ad Valorem Property Tax as will be more particularly provided in said agreement or agreements. "Property Use Code Category" shall mean each property type identified in Exhibit C of this MOU. "Settlement Agreement" shall have that meaning set forth in the Preamble of this MOU. "Shapell" shall have that meaning set forth in the Preamble of this MOU. "Shapell Property" shall mean the approximately 2,700 acres owned by Shapell located in Dougherty Valley, which includes the sites of both the Country Club at Gale Ranch and Gale Ranch Remainder, as more particularly described in Exhibit F attached hereto. "Special Tax" shall mean only the special tax authorized or levied on real property within CSA M-29 pursuant to Section 5 of this MOU. It shall not include other ad valorem property taxes, taxes, fees, or charges derived from real property within, or property owners or inhabitants of CSA M-29. "Specific Plan" shall mean the Dougherty Valley Specific Plan, adopted by the Board of Supervisors pursuant to Resolution 92/867, on December 22, 1992 and amended by the Board of Supervisors pursuant to Resolution 96/564 on November 19, 1996. "Tax Rate Areas" shall mean those geographic areas identified by the County for purposes of collecting and distributing the proceeds of the General Ad Valorem Property Tax collected in Dougherty Valley. The Tax Rate Areas, whose boundaries may change, are identified in Exhibit B 6 of this MOU. The allocation factors for Tax Rate Areas in Dougherty Valley are identified in Exhibit D of this MOU. "Tax/Assessment" shall mean the Assessment and the Special Tax, collectively. "Tax/Assessment Rate Multiplier" shall have that meaning set forth in Section 5.1(b)(2)(A) of this MOU. "Transfer Agreement" shall have that meaning set forth in Section 9.3(a) of this MOU. "Utility Rate Index" shall mean a .formula that shall be agreed upon by the Parties that calculates the average change in prices over time for electricity, natural gas, water and telephone costs in the San Francisco-Oakland-San Jose area. "Windemere" shall have that meaning set forth in the Preamble. "Windemere Property" or "Gumpert Ranch" shall mean the approximately 2,379 acres owned by Windemere Ranch Partners in Dougherty Valley, as more particularly described in Exhibit G attached hereto. Section 2. Purpose. The purpose of this MOU is to: outline the roles and responsibilities of the agencies involved in the processing, completion, operation and maintenance of the Project, as further defined in the Development Agreements; define the financing assumptions of CSA M-29; outline the roles and responsibilities of the Parties involved in CSA M-29; document the understanding between the City, the County and the Developers of the procedures for distributing property taxes and special assessments collected in Dougherty Valley; ensure that the review, approval, inspection, maintenance and monitoring of the Project takes place in a cooperative manner; ensure that the ownership of and responsibility for maintaining public improvements for the Project is efficiently and effectively transferred from County to City; and ensure that the annexation of property from the County to the City takes place in a cooperative manner. Section 3. Principles. The following principles were assumed in the preparation of this MOU: 3.1 Consistency with Other Agreements. This MOU is consistent with the Settlement Agreement, Development Agreements, Conditions of Approval and Annexation Agreements between the Developers and the City. If there is a conflict between this MOU and the Settlement Agreement, the Settlement Agreement shall prevail on the point of conflict. If water service to the Dougherty Valley is provided by the East Bay Municipal Utility District and there is a conflict between this MOU and the EBMUD Settlement Agreement relating to such services, the EBMUD Settlement Agreement shall prevail. 7 3.2 Consistency with Property Tax Sharing Agreement. This MOU is intended to be consistent with and not impinge upon the Property Tax Sharing Agreement between the City and the County. 3.3 Maintenance of City Service Levels. Operation and maintenance of facilities and infrastructure and provision of services (including police services) in Dougherty Valley shall be at service levels at least equivalent to those generally provided in the City as set forth in Section 3.3.4 of the Settlement Agreement. 3.4 Continuation of CSA M-29 after Annexation. CSA M-29 will continue to exist and to perform as described in Section 3.3.3 of the Settlement Agreement after annexation of any portion of Dougherty Valley by the City. 3.5 Sufficient Funds for Improvements. The Tax/Assessment supplemented with other Direct and Indirect Revenue shall provide sufficient funding for the ongoing provision of services and the operation and maintenance of facilities and infrastructure in Dougherty Valley. 3.6 Allocation of Tax Revenue. Property taxes and the Tax/Assessment shall be allocated in the manner described herein between the County, City and Developers and as shall be further provided in the Property Tax Sharing Agreement. Section 4. Roles and Responsibilities. 4.1 Generally. This section outlines the typical process for review and approval of grading plans, improvement plans, final maps, architectural plans and other administrative documents necessary to implement the Project. This section addresses those implementing actions and maintenance responsibilities for the period from the tentative map approval until and including building permit issuance. Except as otherwise provided herein, consistent with Section 4.2.5 of the Settlement Agreement, both before and after a parcel within the Project is annexed to the City, the County will review and approve all Entitlements for the subject parcel from Project inception to the issuance of the initial occupancy permit. Except as otherwise provided herein, after the County issues the initial certificate of occupancy for each lot or commercial unit in the Project, provided that the area that contains such lot or commercial unit has been annexed to the City, the City will then be the agency responsible for the review and approval of any new Entitlements relating to that lot or commercial unit. As further provided in this section of this MOU, prior to annexation and issuance of the certificate of occupancy, the City will play an important role in construction-related permitting and processing. Any modifications to the Entitlements that require a General Plan Amendment, Specific Plan Amendment, Rezoning or other similar discretionary action will be processed by the City, if the area requested for such modification has been annexed to the City. The City shall provide the County the opportunity to review and comment on any such proposed modification. The City shall respond in writing to any and all comments raised by the County concerning such proposed modification. 8 4.2 County Building Inspection Department: Approval of Permits and Plans. (a) Grading Permits and Plans. (1) The County Building Inspection Department will review and approve all grading plans, issue all grading permits, and collect all plan review fees and all inspection fees for all the grading for the Project. (2) Six(6) sets of the grading plans, including all revised plans, will be submitted to the County Building Inspection Department for its review and approval. Three sets of the plans will be forwarded by the Building Inspection Department to the City Engineer for its review and comment. The County will respond to any and all issues raised by the City during its review of the plans. If the City Engineer does not respond within forty-five(45) days of the date the County forwards such plans to him/her, such plans shall be deemed acceptable to the City. After the grading plans have been approved by the County, the County will forward one approved set to the City Engineer for its files. . (b) Building Permits. The County Building Inspection Department will review and approve all building permits and collect all appropriate permit fees for the Project. (1) Such review, approval and collection will be governed by the County Building Code and other related construction codes adopted by the County as provided in Title 7 of the County Code (collectively the "Building Codes"). (2) The County Building Inspection Department shall be responsible for such approval, review and collection both before and after the parcel, subject to the permit or fee, is annexed to the City and through issuance of the initial occupancy permit. Notwithstanding the foregoing sentences, any subsequent request for a building permit, including all appropriate fees, for a parcel or structure which has already received an occupancy permit from the County and has been annexed to the City, shall be submitted to the City for its review and approval (or action) at the discretion of the City. (c) Final Plans. The County shall provide the City copies of all residential and commercial construction plans submitted to the County. Approved plans shall be submitted on microfiche. The County will send a set of the approved (stamped) building and grading plans, including As-Built Plans to the City for its use. 4.3 County Public Works Department: Approval of Improvement Plans, Final Maps, Design Standards; Review of Public Right-of-Way and Landscape Plans. (a) Improvements and Final Maps. The County Public Works Department will review and approve all improvement plans and final maps and collect all plan review, final map review, and inspection fees for all road, drainage, landscaping within the public right-of-way and traffic signal improvements for the Project. The County Public Works Department will perform such functions both before and after a parcel subject to such plan, map, review or fee is annexed to the City, but through issuance of the initial occupancy permit for such parcel. The Developers will submit six 9 copies of the improvement plans and final maps, including revised plans, to the County for each review. The County will .send three of the six sets of the improvement plans and final maps, including revised plans, to the City Engineer for review and comment. The County will respond to any and all comments raised by the City during the review process. If the City Engineer does not respond within forty-five (45) days of the date the County sends such plans and maps to him/her, such plans and maps shall be deemed acceptable to the City. After the improvement plans have been approved by the County,the County will forward four approved sets to the City Engineer. (b) Design Standards. County design standards will prevail for the Project except for those standards listed on Exhibit A. The Parties agree to the standards in Exhibit A, "The Design Standards for Dougherty Valley." The standards in Exhibit A may be modified at any time with consent of all Parties to this MOU. (c) Public Right-of-Way and Landscape Plans. Three (3) copies of the public right-of-way landscape plans and park plans, including any subsequent revisions, shall be submitted to the City Planning Director by the Developers through the County Public Works Department for review and comment. 4.4 County Community Development Department: Approval of Architectural, Plot, Landscape and Park Plans. The County Community Development Department will review and approve all new residential and commercial architectural designs, residential plot plans, landscape plans relating to public rights-of-way and park plans for the Project. The Developers shall submit six (6) copies of the plans to the County for each review. The County shall send three (3) copies of the residential and commercial designs, including any subsequent revisions to the City Planning Director, for review and comment by the City Architectural Review Board and the City Parks and Community Services Commission. The County will address any and all comments raised by the City during the review process. If the City Planning Director does not respond within forty-five (45) days of the date the County sends him/her residential and commercial designs, such designs shall be deemed acceptable to the City. 4.5 County Public Works Department: Inspection and Approval of Road Improvements and Landscaping. (a) Road Improvements and Landscaping: Inspection Authority. (1) Except as provided in Sections 4.5(a)(2) and 4.5(a)(3) of this MOU, the County will inspect and approve all road improvements that are constructed for the Project. The County will appoint a lead inspector for the Project. (2) Several of the public road improvements identified in the Conditions of Approval are located solely within the City. The City will be assigned primary responsibility and authority for the design, phasing implementation and inspection of such public road improvements. (3) A few of the public road and drainage improvements identified in the Conditions of Approval are located within the City. The City will issue an encroachment permit to 10 construct these public improvements. Each permit will state whether the City or the County will be the lead inspector for such improvements. (b) Road Improvement and Landscaping Inspection Process. The following is the process for inspection and approval of all road and landscaping improvements for the Project. (1) Upon request by the City, the County Inspector shall invite the City Engineer to any inspection point in the construction phase. (2) The County Inspector shall invite the City Engineer to the final inspection for completeness per plan and specification. (3) The County Inspector shall prepare the final inspection punch list for the improvements and send a copy of the punch list to the City Engineer. (4) The County Inspector shall invite the City Engineer to the inspection to verify completion of the final inspection punch list. (5) The County Inspector shall notify the City Engineer in writing when all the items on the final inspection punch list are complete. (6) Based on a recommendation by the County Public Works Department and acceptance by the Board of the improvements as complete, the one-year warranty period shall commence on them. The County shall send a copy of the Board order for such actions to the City Engineer. (7) See Section 4.6 of this MOU for maintenance responsibilities. (8) See Section 4.5(c) of this MOU for security reduction or release. (9) The County Inspector shall invite the City Engineer to the warranty inspection. (10) The County Inspector shall prepare the warranty inspection punch list and send a copy to the City Engineer. (11) The County Inspector shall invite the City Engineer to the inspection to verify completionof the warranty inspection punch list. (12) The County Inspector shall notify the City .Engineer when the warranty inspection punch list items are complete. (13) Based on a recommendation by the County Public Works Department and a finding by the Board of Supervisors that the improvements have met the requirements of the warranty period, the cash deposit shall be refunded. The County Inspector shall send a copy of the Board order for these actions to the City Engineer. 11 (14) The County shall transmit the full subdivision file and a microfilm copy, including the improvement plan on computer disk, to the City. The County. shall retain a microfilm copy of the subdivision file. (c) Security. The Developers may be required to provide acceptable security pursuant to Title 9 of the County Code (Section 94-4.406) upon acceptance of the work as complete. After the acceptance of the work as complete, the security may be reduced or released pursuant to Title 9 of the County Code (Section 94-4.408). Continuing construction of homes .will not preclude acceptance as long as acceptable security remains in effect. 4.6 Maintenance of Road and Landscaping Improvements. After the Board of Supervisors accepts the improvements as complete, the .maintenance process begins. Maintenance responsibilities are based on the status of the annexation process. As provided in Section 4.2.5 of the Settlement Agreement, the annexation process may begin for any portion of Dougherty Valley upon the filing of each final map. (a) Maintenance Process A--Annexed Areas and Areas for which the Annexation Process has been Initiated. In subdivisions and parcels in Dougherty Valley that have been annexed or for which the annexation process has been initiated, the maintenance process and responsibilities shall be as follows: (1) The City Council shall accept the public improvements for maintenance. (2) The City shall send a copy of the approved Council Resolution to the County Public Works Department. (b) Maintenance Process B--Unincorporated Areas. In subdivisions and parcels in the Dougherty Valley for which the annexation process has not been initiated or which may be permanently located in an unincorporated area, the maintenance process and responsibilities shall be as follows: (1) The Board of Supervisors accepts the public improvements for maintenance. (2) The County shall send a copy of the Board order accepting the public improvements to the City Engineer. (3) The County shall contract with the City for maintenance services as provided in Section 6 of this MOU. 4.7 County Building Inspection Department: Inspection and Approval of Grading. The process and responsibility for inspection and approval of all grading for the Project shall be as follows: (1) The County shall inspect all grading for the Project. (2) At the request of the City, the County Grading Inspector shall invite the City Engineer to any inspection point in the grading process. 12 (3) The County Inspector shall notify the City Engineer when such grading is complete. 4.8 Mitigation Monitoring. The County Community Development Department will be responsible for monitoring Project mitigation measures pursuant to the "Mitigation Monitoring Program for the Dougherty Valley Specific Plan Area Final Environmental Impact Report" adopted on December 22, 1992 and any amendments thereto (the "Mitigation Monitoring Program"). The County Community Development Department will document in the monitoring program when each mitigation measure has been complied with and the details of such compliance. Prior to annexation, the County and City shall determine which mitigation measures are the sole responsibility of the County and City to avoid duplicate monitoring after annexation. 4.9 Acknowledgment and Agreement by City. The City acknowledges and agrees that the County, in undertaking its obligations under Sections 4.1 through 4.8 of this MOU in areas within the City, is doing so as the authorized agent of the City, that the personnel of the County assigned to perform the County's obligations shall have the powers, duties and official status of building inspectors and planning officials of the City and that the determinations made by the County and its personnel shall be binding upon the City. 4.10 Flood Control Basin Maintenance. (a) Public Detention Basins. The City will maintain the three (3) public detention basins in Dougherty Valley. (b) Private Detention Basin. The City will oversee the private detention basin on the golf course constructed as part of Country Club at Gale Ranch. Shapell or its successor in interest to the golf course will maintain and operate the private basin on the golf course under the terms of a separate agreement to be entered into between Shapell and the City. (c) Creek Corridors. As further provided in the GHAD Annexation Agreements, Shapell and Windemere may offer, and Geologic Hazard Abatement District 90-01 shall accept, ownership of creek corridors within the Project. The City will not be the maintenance entity for the creek corridors within the Project; rather, the structural integrity of the slopes and flowline in the creek corridors will be a responsibility of Geologic Hazard Abatement District 90-01 under the terms of the GHAD Annexation Agreements. The landscaping, lighting, pathways, service roads and recreational amenities within and adjacent to the creek corridors, however, will be the responsibility of CSA M-29, excluding the golf course. (d) Funding. Detailed,information on the funding of the detention basins is set forth in Section 5.3 of this MOU. Future design changes to the Project may require additional private or public basins. Nothing in this MOU would preclude additional basins within Dougherty Valley as long as the maintenance entity and maintenance funding sources are identified to the approval of the County. 13 Section 5. Financial Provisions. 5.1 CSA M-29 Funding Sources. Pursuant to Section 3.3 of the Settlement Agreement, funding to provide the services, and operate and maintain the facilities and infrastructure within the CSA M-29 area will come from three (3) Direct Revenue sources: (1) share of the 1% General Ad Valorem Property Tax, (2)Tax/Assessment, and (3) supplemental shares of the City and County general funds which may be allocated to CSA M-29 at the sole discretion of the City and County. The funds provided from these sources are collectively the "CSA M-29 Funds." When calculating the total funds required for CSA M-29, Indirect Revenue sources shall also be considered. (a) Shares. of 1% General Ad Valorem Property Tax. There are two shares of the General Ad Valorem Property Tax that will be used to fund the CSA M-29: (1) a portion of the County General Fund Allocation, and (2)a portion allocated to the County Library. (1) County General Fund Allocation. (A) As required by Section 3.3.1 of the Settlement Agreement, "there shall be formed a County Service Area. . .Ao (i) receive a portion of the general ad valorem property taxes from the unincorporated areas of the Dougherty Valley. . . . The share of general ad valorem property taxes to be received by the County Service Area from unincorporated areas of the Dougherty Valley under(i) above shall be at least equal to the share of such taxes to be received by San Ramon, under the Property Tax Exchange Agreement. . . ." (B) Immediately following adoption of the Special Tax and the authorization of the Benefit Assessment, and in order to implement Section 3.3.1 of the Settlement Agreement, the County shall initiate and expedite the completion of the procedure(s) to reallocate taxes within each Tax Rate Area within the Dougherty Valley. The County General Fund Allocation (Fund 10030 as identified in Exhibit D) for all Tax Rate Areas within Dougherty Valley (see Exhibits B and D), shall be reduced by 4% of the General Ad Valorem Property Tax as shall be provided in the Property Tax Exchange Agreement. The County shall simultaneously cause a corresponding increase in the General Ad Valorem Tax allocation for CSA M-29. (C) In the event that percentages or incremental increases of the General Ad Valorem Property Tax currently allocated to the ERAF or any other funding source are allocated to either the County or the City, the Project shall be benefited in proportion to such change. (2) County Library Allocation. The County Library (Fund 120600 as identified in Exhibit D) receives a portion of the General Ad Valorem Property Tax. Such funds shall be shared with the Project consistent with Board of Supervisors Resolution 97/ which provides the requirements and procedures for funding of local libraries. In the event that the Community College District constructs and/or operates and maintains a public library in Dougherty Valley, consistent with the provisions of the Settlement Agreement relating to the 14 Dougherty Valley library and library service, the Parties shall make all reasonable efforts to make the above funds available to the Community College District for such a facility. (b) CSA M-29 Tax/Assessment. As required by Section 3.3.1 of the Settlement Agreement, "The Parties agree that, prior to the annexation of any portion of Dougherty Valley to San Ramon, there shall be formed a County Service Area or other financing entity . . . to (ii) receive special taxes and/or benefit assessments to be levied on an annual basis (to supplement the County Service Area's receipt of ad valorem property taxes) . . . ." In implementing this provision of the Settlement Agreement, in May 1996, the County Board of Supervisors adopted Resolution 96/238 forming CSA M-29. The Parties will support the authorization of both the Special Tax and the Benefit Assessment to fund CSA M-29. The Parties intend the Special Tax and the Benefit Assessment to be duplicate financing devices. Accordingly, the Special Tax and Benefit Assessment shall be, to the extent permissible by law, in the same amount and in all other ways identical to each other. (1) Special Tax/Assessment Amount. The Tax/Assessment amount for the first fiscal year shall be the Annual Tax/Assessment Per Parcel for each Property Use Code Category as set forth in Exhibit B attached and incorporated herein by this reference. That amount may be increased each subsequent year based on the Consumer Price Index and the Utility Rate Index. Annual increases in the assessment shall be calculated as follows: Tax/Assessment for Non- Consumer Price Index for the Utility related Costs x San Francisco-Oakland-San Jose Area for April of the immediately preceding fiscal year plus: Tax/Assessment for Utility Utility Rate Index based on Related Costs x the costs of utilities for the immediately preceding fiscal year In no event shall the Tax/Assessment per parcel for any fiscal year be less than the amount established for the first fiscal year. The Utility Rate Index shall be based on a formula agreed to by the County,the City if the property is annexed, and the Developers. (2) Property Use Code Table -Tax/Assessment Rate Multipliers and Tiers. (A) Tax/Assessment Rate Multipliers. The Tax/Assessment on each parcel within Dougherty Valley will be assigned a multiplier (a "Tax/Assessment Rate Multiplier") to reflect the actual number of units within that single parcel. For example, the Annual Tax/Assessment Per Parcel identified in Exhibit C for apartments with 5-12 units is $4,785 or an average density of 8.5 units multiplied by the Tier A rate of$563. If 10 units were actually approved as part of the final map process, the Annual Tax/Assessment for that particular Assessor's Parcel should be _ 15 $5,630, or 10 actual units charged at the Tier A rate of$563. The Tax/Assessment Rate Multiplier for this example parcel would,therefore, be 1.18 (or 10/8.5). A Tax/Assessment Rate Multiplier that reflects the actual number of units to be charged for each applicable Assessor's Parcel, will be submitted with each final map by the Developer to the County.Community Development Department. Upon review by County Community Development Department, the County Public Works Department shall submit to the County Auditor-Controller a "procedure" listing the parcel number and the Tax/Assessment Rate Multiplier for each applicable parcel. (B) Tier Amounts. In Dougherty Valley, upon the approval of a final map, all parcels will be assigned one of the "vacant" Property Use Code categories provided in Exhibit C. When a building foundation is poured on a parcel, the Property Use Code assigned to that parcel will be changed by the Assessor to reflect the actual land use on that parcel. There are two tiers for the payment of the Tax/Assessment on residential parcels. Tier A, or $563 per unit, is the tax that will generally be applied to higher density residential development; and Tier B, or$795 per unit, is the Tax/Assessment that will generally be applied to lower density residential development. As reflected in Exhibit C, only apartment parcels. are automatically given the Tier A Tax/Assessment. Other parcels are eligible for the Tier A amount, if they meet the following qualifications: • The density is at least 15 du/acre. • There are no mixed tiers within a single product type within each final map (i.e., all product that is 15 du/acre within an identified parcel of a final map will have the same tier). • Identical building product in adjacent final maps shall have the same tier. • Approval for changing tiers is achieved prior to the recording of the final map. • No more than 25% of each Developer's total units Project-wide are assigned the lower Tier A amount. Any request for the changing of tiers shall be made by the Developer to the County Community Development Department during the final map process. Any request for change that meets all of the above criteria shall be reviewed and shall not be unreasonably denied by the County. When a request is approved, the County Public Works Department shall submit to the County Auditor-Controller a "procedure" listing the parcel number, the tier amount, and the Tax/Assessment Rate Multiplier if applicable for each affected parcel. 16 Monitoring of the different tiers will be included as part of the annual review process provided in the Development Agreements. If any legal challenge results in a prohibition against, or a substantial delay in the levy of, a Tier A Tax/Assessment on any parcel, the Tax/Assessment levied on the affected parcel shall be the Tier B rate in effect at the time of such prohibition or delay and as adjusted in subsequent years under the terms of this MOU. 5.2 Allocation of CSA M-29 Funds. (a) Shares of 1% General Ad Valorem Property Tax. The government agency that will receive the General Ad Valorem Property Tax will depend on the status of annexation. (1) County General Fund Tax Rate Area Allocation. As indicated in Section 5.1(a)(1) of this MOU, following adoption of the Special Tax and the levy of the Benefit Assessment and in order to implement Section 3.3.1 of the Settlement Agreement, CSA M-29 shall receive 4%of the General Ad Valorem Property Tax as shall be provided in the Property Tax Exchange Agreement. As annexation to the City occurs, the allocation for CSA M-29 shall be eliminated and its portion of the General Ad Valorem Property Tax shall be reallocated to the City. (2) County Library Allocation. The allocation of County library taxes shall be consistent with Board of Supervisors Resolution 97/ which provides the requirements and procedures for funding of local libraries. In the event that the Community College District constructs and/or operates and maintains a public library in Dougherty Valley consistent with the provisions of the Settlement Agreement relating to Dougherty Valley library and library service, the Parties shall make all reasonable efforts to transfer the above funds to the Community College District for such a facility. (b) Tax/Assessment. The Tax/Assessment identified in Section 5.1(b) of this MOU shall be used exclusively by CSA M-29 for payment towards the operation and maintenance of infrastructure in Dougherty Valley, subject to priority of funding as provided in Section 5.4(f)of this MOU. 5.3 Flood Control Funding. (a) Required Detention Basin Funding. As provided in Section 4, Roles and Responsibilities, the City shall be responsible for General Maintenance of Dougherty Valley public detention basins. As further provided in Section 4.10(b), Shapell or its successor in interest to the golf course shall maintain and operate a private detention basin on the golf course under the oversight of the City. The Parties agree that in order to fulfill their responsibilities the City requires annual funding of $30,000 ($1997) for the maintenance of each public detention basin. Additionally, $10,000 ($1997) will be required per annum for the ongoing oversight of public basins that are still under Developers' maintenance and $10,000 ($1997) will be required per annum for oversight of the private basin on the golf course. A $60,000 ($1997) reserve fund is required for each basin. The reserves will be held in one account and the City will have complete discretion over the account's use. Because the reserve fund can be expected to be drawn down every eight years, an 17 annual deposit of$7,500 ($1997) per public basin is required. The annual $10,000 maintenance cost and the annual $7,500 reserve deposit will be funded through the Tax/Assessment, except as provided in Section 5.3(b)(1) of this MOU. (b) Understandings to Ensure Detention Basin Funding. In order to ensure that the funds are available for Dougherty Valley detention basins,the Parties agree to the following: (1) Prior to the City accepting the detention basins for maintenance, the Developers shall ensure that adequate reserve funds exist for each basin. It should be noted that the City will accept the private golf course basin with an initial reserve fund of$30,000, and that the reserve fund must increase to $60,000 by the end of the second year of operation. Each Developer is responsible for providing the initial reserve funds for the basin(s) on its property. Each Developer is also responsible for maintaining the basin(s) on its property until adequate reserves are in place. 5.4 Budget Process. (a) Five-Year Budget. Each fiscal year (July 1 to June 30), the County, the City and the Developers shall prepare a Five-Year Budget similar to the first Five-Year Budget attached as Exhibit E and incorporated herein by this reference. The Five-Year Budget shall be used for advisory purposes in planning the Annual Budget for CSA M-29. Each Five-Year Budget shall include estimates of revenues and costs for a five-year period based on the Initial Level of Development and the Build-Out schedules provided by the Developers. (b) Annual Budget. Each fiscal year, the County, the City and the Developers will prepare in writing an Annual Budget similar to the first Annual Budget attached as Exhibit E. In preparing the Annual Budget, the Parties will, to the extent possible, rely upon and be consistent with the Five-Year Budget. (c) Budget Process. Prior to June 30 of each fiscal year, the County shall approve both an updated Five-Year Budget for the following five (5) fiscal years and an Annual Budget for the next fiscal year. The budgets shall be prepared simultaneously as follows: DATE TASK March 15 Developers provide to the City: 1) Projected dwelling units 2) Projected infrastructure April 15 The City prepares Draft Five-Year Budget and Draft Annual Budget April 30 The City meets with Developers to review Draft Five-Year Budget and Draft Annual Budget 18 May 30 The City and Developers agree on Draft Five-Year Budget and Draft Annual Budget and submit them to the County May 30-June 30 County staff prepare Final Five-Year Budget and Final Annual Budget and set Board of Supervisors meeting date to approve them June 30 or such date as the The Board of Supervisors approves Final Five-Year County adopts the final County Budget and Final Annual Budget budget It is the understanding of the Parties that the Board of Supervisors, in the exercise of its authority as the governing body of CSA M-29, will finalize and adopt the draft Five-Year Budget and the draft Annual Budget as submitted to the County by the City and Developers so long as the budget reflects expenditures required under the Settlement Agreement. (d) Budget Responsibilities. Consistent with Sections 5.4(a) and 5.4(b) above, the responsibilities of the Parties in preparing, processing and approving the Five-Year Budget and the Annual Budget shall be as follows: County Approve budgets Pay invoice in accordance with'approved Annual Budget City Prepare draft budgets with Developers Provide required audit Approve use of Capital Reserve Account Bill County for work performed in accordance with approved Annual Budget Developers Furnish development projections to City. Work with City to develop budget including expenditures from Capital Reserve Account (e) Budget Assumptions. All Parties to this MOU acknowledge that there are certain assumptions regarding revenues and costs that combine to determine the amount of annual Tax/Assessments required to fund General Maintenance. There are certain Indirect Revenues which are generated by the Project that combine with the property taxes and CSA M-29 Taxes/Assessments to offset General Maintenance costs. Such key assumptions to this MOU can be summarized as follows: (1) City Sales Taxes-an estimate for City sales taxes generated by residents of the Dougherty Valley is included as a revenue source. 19 (2) City Transfer Taxes - one half of the anticipated transfer taxes generated by the Project have been included as a revenue source. (3) City Fines & Forfeitures/Licenses, Permits and Franchise Fees -per capita amounts, based on City averages, have been included as revenue sources. (4) City Intergovernmental Revenues- a per capita amount for Motor Vehicle Fees has been included as a revenue source. (5) Property Taxes - it has been assumed that utility districts (such as Dublin-San Ramon Services District, East Bay Municipal Utility District and Contra Costa County Sanitary District) receive portions of the General Ad Valorem Property Tax upon annexation into the districts. (6) General Maintenance Costs - all costs associated with flood control road maintenance, landscaping, park maintenance, open space maintenance, police service, and community facilities, are based on budgeted estimates. The Tax/Assessment, supplemented by other Direct Revenues and Indirect Revenues, is deemed to be adequate to cover the costs of the Project at Build-Out. (7) Overhead Account-an overhead charge has been applied to all costs. This account should generate enough funds in the early years, when a minimal amount of infrastructure is being maintained, to cover any shortfalls in City overhead in later years. The Parties agree that an overhead charge of 11% is sufficient. (f) Priority of Funding. In order to allocate funds as they are received, the Five-Year Budget and the Annual Budget must clearly identify the amounts of the Tax/Assessment which will be (i) allocated to the County for administrative charges for County Public Works and County Auditor Controller, (ii) retained by CSA M-29 and allocated to the City for General Maintenance, including 11% of the General Maintenance costs that shall be paid to the City for overhead, and (iii) allocated to the Capital Reserve for the funding of community facilities. The priority for allocating among the accounts will be to first cover costs associated with administration, second to cover costs associated with General Maintenance, including flood control, and third, if funds are available, to allocate reserves to the Capital Reserve. (g) Capital Reserve. Any surplus of the Tax/Assessment remaining in each Annual Budget after budgeting the CSA M-29 administrative charge and General Maintenance costs shall be allocated into a reserve (the "Capital Reserve") for use solely for the construction of public, community facilities in the Project. The amount to be allocated to the Capital Reserve shall be budgeted each year as a line-item in the Annual Budget. The amount to be allocated to the Capital Reserve over each five-year period shall be a line-item in each Five-Year Budget. The amount in the Annual Budget line-item for the Capital Reserve will be available during each individual fiscal year to offset any budget shortfall. At the end of each fiscal year, the CSA M-29 Administrator will provide each Developer with an account summary of those funds remaining in the Annual Budget line-item for the Capital Reserve in that fiscal year. With the 20 approval of the subsequent Annual Budget, the funds remaining in the previous year's Annual Budget line-item for the Capital Reserve shall be permanently transferred to a Capital Reserve account(the "Capital Reserve Account"). Funds from the Capital Reserve Account will be budgeted for use in the Annual Budget for each year when public, community facilities are required to be designed or built for the Project. Such funds from the Capital Reserve Account will be used to offset each Developer's obligation (as identified in the Settlement Agreement and the Development Agreements) to fund those public, community facilities for the Project, in proportion to the amount of Tax/Assessments paid by units constructed by each Developer. (h) Shortfalls. The Parties acknowledge that in any one year, there may not be enough funds available to cover all the costs of operating and maintenance. The Parties understand that if long-term shortfalls occur it may be necessary to increase the Tax/Assessment. Such an increase will be contingent upon a vote of the people over which no Party under this MOU, including the Developers, has control. (i) Supplemental Funding. The County and/or the City may, at their sole discretion, allocate supplemental funds to CSA M-29 out of their general funds. Section 6. Developed Areas Not Annexed. 6.1 CSA M-29 to Contract with City for Services. For those developed areas which are not annexed, the County shall contract with the City to provide General Maintenance services. The annual charge for such General Maintenance services shall be equal to that identified in the Annual Budget for that fiscal year. The Parties agree that CSA M-29 shall fund the costs of such services through its General Ad Valorem Property Taxes and the Tax/Assessment which, when combined, will be sufficient to cover such costs. 6.2 Acknowledgment and Agreement by County. The County acknowledges and agrees that the City, in undertaking its obligations to provide General Maintenance Services in unincorporated areas under Section 6 of this MOU, is doing so as the authorized agent of the County, that the personnel of the City assigned to perform the County's obligations shall have the powers, duties and official status of personnel of the County and that the determinations made by the City and its personnel shall be binding upon the County. Section 7..Dispute Resolution. With regard to any dispute arising out of any obligation, right or duty under this MOU, the. resolution of which is not provided for by Applicable Law, any Party shall, at the request of another Party, meet with such Party and/or any representative designated by such Party. The Parties to any such meetings and/or such Parties' representatives shall attempt in good faith to resolve any such dispute. However, nothing in this provision shall in any way be interpreted as requiring that such Parties and/or such Parties' representatives reach agreement with regard to those matters being addressed, nor shall the outcome of those meetings be binding in any way on any Party unless expressly agreed to by those Parties directly involved in such dispute. 21 Section 8. Defense and Indemnity. (a) Developers' Actions. Developers shall defend, hold harmless and indemnify the Agencies, their elected and appointed officers, agents, employees and representatives from claims, costs and liabilities for any personal injury, death or physical property damage (including inverse condemnation) which arises, directly or indirectly, as a result of the Project or of operations performed under this MOU by Developers or by Developers' contractors, subcontractors, agents or employees, whether such operations were performed by Developers or any of Developers' contractors, subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for Developers or any of Developers' contractors or subcontractors. (b) Agencies' or Developers' Actions. Nothing in this section shall be construed to mean that either or both Developers shall defend, indemnify or hold the County and/or the City or its/their respective elected and appointed representatives, officers, agents and employees harmless from any claims of personal injury, death or property damage arising from, or alleged to arise from, the maintenance or repair by such Agencies of improvements that have been offered for dedication and accepted by such Agencies for maintenance. (c) Subdivision Agreement and Defense. The County and either or both Developers may from time to time enter into subdivision improvement agreements, as authorized by the Subdivision Map Act, Government Code section 66010 et seq., which agreements may include defense and indemnity provisions different from those contained in subsections (a) and (b) above. In the event of any conflict between such provisions in any such subdivision improvement agreement and subsections (a) and (b) above, the provisions of such subdivision improvement agreement shall prevail. Section 9. Successors and Assigns,Assignment and Transfer. 9.1 Successors and Assigns. All of the provisions contained in this MOU shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns, and lessees. 9.2 Assignment of Interests, Rights and Obligations. Each Developer shall have the right, but not the obligation, to assign or transfer all or any portion of its interests, rights or obligations under this MOU to third parties acquiring an interest or estate in the Developer's property, or any portion thereof, including without limitation purchasers or long-term ground lessees of individual lots,parcels or any lots, homes or facilities comprising a portion of the Project. 9.3 Transfer Agreements. (a) Shapell Property. (1) In connection with the transfer or assignment by Shapell of all or any portion of the Shapell Property (other than a transfer or assignment by Shape]] to an affiliated party or a mortgagee), Shapell and the transferee shall enter into a written agreement (a "Transfer Agreement") regarding the respective interests, rights and obligations of Shapell and the 22 transferee in and under this MOU. Such Transfer Agreement may (i) release Shapell from its obligations under this MOU, provided that the transferee expressly assumes such obligations, (ii)designate the transferee as the Master Builder for the Shapell Property, provided that Shapell has not already designated another transferee as the Master Builder for the Shapell Property, and (iii) address any other matter deemed by Shapell to be necessary or appropriate in connection with the transfer or assignment. (2) Shapell shall seek the consent of both the County and the City to any Transfer Agreement entered into in connection with the transfer or assignment by Shapell of.any portion of the Shapell Property, which consent shall not be unreasonably withheld or delayed. Failure by either the County or the City to respond within forty-five (45) days to any request made by Shapell for such consent shall be deemed to be such non-responding Party's approval of the Transfer Agreement in question. The County or the City may refuse to give consent only if, in light of the proposed transferee's business experience and financial resources, such transferee would not in the County's or the City's reasonable opinion be able to perform the obligations proposed to be assumed by such transferee, potentially including but not limited to obligations as Master Builder of the Shapell Property. Such determination, if made by the County, shall be made by the Community Development Director and is appealable by Shapell to the Board of Supervisors. Such determination, if made by the City, shall be made by the City Planning Services Manager and is appealable by Shapell to the City Council. (b) Windemere Property. (1) In connection with the transfer or assignment by Windemere of all or any portion of the Windemere Property (other than a transfer or assignment by Windemere to an affiliated party or a mortgagee), Windemere and the transferee shall enter into a Transfer Agreement regarding the respective interests, rights and obligations of Windemere and the transferee in and under this MOU. Such Transfer Agreement may (i)release Windemere from its obligations under this MOU, provided that the transferee expressly assumes such obligations, (ii)designate the transferee as the Master Builder for the Windemere Property, provided that Windemere has not already designated another transferee as the Master Builder for the Windemere Property, and (iii) address any other matter deemed by Windemere to be necessary or appropriate in connection with the transfer or assignment. (2) Windemere shall seek the consent of both the County and the City to any Transfer Agreement entered into in connection with the transfer or assignment by Windemere of any portion of the Windemere Property, which consent shall not be unreasonably withheld or delayed. Failure by either the County or the City to respond within forty-five (45) days to any request made by Windemere for such consent shall be deemed to be such non-responding Party's approval of the Transfer Agreement in question. The County or the City may refuse to give consent only if, in light of the proposed transferee's business experience and financial resources, such transferee would not in the County's or the City's reasonable opinion be able to perform the obligations proposed to be assumed by such transferee potentially including but not limited to obligations as Master Builder of the 23 Windemere Property. Such determination, if made by the County, shall be made by the Community Development Director and is appealable by Windemere to the Board of Supervisors. Such determination, if made by the City, shall be made by the City Planning Services Manager and is appealable by Windemere to the City Council. (c) Any Transfer Agreement shall be binding on the transferring Developer, the County, the City and the transferee. Upon recordation of any Transfer Agreement in the Official Records of Contra Costa County, the County, the City and the transferring Developer shall automatically be released from those obligations assumed by the transferee therein. (d) A Developer that enters a Transfer Agreement shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to such Transfer Agreement. 9.4 Non-Assuming Transferees. Except as otherwise required by Developer in Developer's sole discretion, the burdens, obligations, and duties of Developer under this Agreement shall terminate with respect to, and neither a Transfer Agreement nor County's consent shall be required in connection with (i) any single residential parcel conveyed to a purchaser, (ii) any property transferred as fewer than two hundred seventy-five (275) lots to a single retail builder, or (iii) any property that has been established as one or more separate legal parcels for office, commercial, industrial, open space, park, school or other nonresidential uses. The transferee in such a transaction and its successors ("Non-Assuming Transferees") shall be deemed to have no obligations under this MOU. Nothing in this section shall exempt any property transferred to a Non-Assuming Transferee from payment of applicable Taxes/Assessments. Section 10. Miscellaneous. 10.1 No Agency,Joint Venture or Partnership. It is specifically understood and agreed to between the Parties that(a) the Project is a private development; (b)the County and the City have no interest or responsibility for, or duty to, third parties concerning any improvements until such time, and only until such time, that the County or the City, as the case may be, accepts the same pursuant to the provisions of this MOU or in connection with the various actions, approvals and agreements related to the Project; and (c) the County, the City and Developers hereby renounce the existence of any form of agency relationship, joint venture or partnership between the County, the City and Developers and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between these Parties. 10.2 No Third Party Beneficiaries. There are no third party beneficiaries under this MOU and only the Parties expressly referenced herein shall have the right to enforce this MOU. 10.3 No Waiver of Tort Claims Act. In performing any activities required or authorized by, or in any way related to, this MOU, neither the County nor the City shall be deemed to have waived any privileges and immunities provided by the Tort Claims Act (Government Code § 800 et seq.). 24 10.4 Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this MOU and the introductory paragraph preceding the Recitals are hereby incorporated into this MOU as if fully set forth herein. 10.5 Severability. If any term or provision of this MOU, or the application of any term or provision of this MOU to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this MOU, or the application of this MOU to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this MOU, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either Developer may, in that Developer's sole and absolute discretion, terminate its rights and obligations under this MOU by providing written notice of such termination to the County. 10.6 Other Necessary Acts. Each Party shall execute and deliver to the other all such additional instruments and documents as may be reasonably necessary to carry out and secure to the other Parties the full and complete enjoyment of their rights and privileges under this MOU. 10.7 Construction. This MOU has been reviewed and revised by legal counsel for each of the Parties and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this MOU. 10.8 Remedies. Any Party may, in addition to any other rights or remedies, institute an equitable action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and rights of the Parties hereto or to obtain any remedies consistent with the foregoing and the purpose of this MOU. In no event shall any Party be entitled to monetary damages for breach of this MOU by any other Party to this MOU. 10.9 California Law. This MOU shall be construed and enforced in accordance with the laws of the State of California. 10.10 Attorneys' Fees. In the event of any litigation or arbitration between any Parties regarding an alleged breach of this MOU, no Party shall be entitled to any award of attorneys' fees. Section 11. Notices. Any notice or communication required under this MOU must be in writing and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of(a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Any Party may at any time, by giving ten (10) days' written notice to the other Party, designate any other address in substitution of the address to which such notice or communication 25 shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below: If to County,to: Director of Community Development Contra Costa County Administration Building 651 Pine Street,4th Floor North Wing Martinez, CA 94553 Telephone: (510) 335-1277 Facsimile: (510) 335-1299 With Copies to: County Counsel Contra Costa County Administration Building 651 Pine Street, 9th Floor Martinez, CA 94553 Telephone: (510) 646-2074 Facsimile: (510) 646-1078 Director of Public Works 255 Glacier Drive Martinez, CA 94553 Telephone: (510) 313-2000 Facsimile: (510) 313-2333 If to City, to: City Manager City of San Ramon 2222 Camino Ramon San Ramon, CA 94583 Telephone: (510) 275-2200 Facsimile: (510) 866-1436 City Attorney City of San Ramon 2222 Camino Ramon San Ramon, CA 94583 Telephone: (510) 275-2200 Facsimile: (510) 866-1436 26 Planning Services Director City of San Ramon 2222 Camino Ramon San Ramon, CA 94583 Telephone: (510) 275-2200 Facsimile: (510) 866-1436 Engineering Services Director City of San Ramon 2222 Camino Ramon. San Ramon, CA 94583 Telephone: (510) 275-2200 Facsimile: (510) 866-1436 If to Shapell, to: Shapell Industries, Inc. 100 North Milpitas Boulevard Milpitas, CA 95035 Attention: Daniel W. Hancock J. Christian Truebridge Telephone: (408) 946-1550 Facsimile: (408) 946-9687 With Copies to: McCutchen, Doyle, Brown & Enersen P.O. Box V Walnut Creek, CA 94596-1270 Attention: Daniel J. Curtin,Jr. Adam U. Lindgren Telephone: (510) 937-8000 Facsimile: (510) 975-5390 If to Windemere,to: W indemere Ranch Partners 1350 Treat Boulevard, Suite 560 Walnut Creek, CA 94596 Attention: Susan Collins Telephone: (510) 933-1405 Facsimile: (510) 933-1404 27 With Copies to: Morrison& Foerster 101 Ygnacio Valley Road, Suite 450 P. O. Box 8130 Walnut Creek, CA 94596-8130 Attention: R. Clark Morrison Telephone: (510) 295-3300 Facsimile: (510) 946-9912 Section 12. Entire MOU, Counterparts and Exhibits. This MOU is executed in four(4) duplicate counterparts, each of which is deemed to be an original. This MOU consists of thirty (30) pages, four(4) notary acknowledgment pages and seven (7) exhibits which constitute in full, the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this MOU shall be in writing and signed by the appropriate authorities of County, City, Shapell and Windemere. The following exhibits are attached to this MOU and incorporated herein for all purposes: Exhibits Exhibit A - Design Standards for Dougherty Valley Exhibit B - Dougherty Valley - Contra Costa County 1995-1996 Tax Rate Areas Exhibit C - Property Use Code Categories and Amounts Exhibit D -Tax Rate Area Allocations Exhibit E - Dougherty Valley County Service Area M-29 Annual Budget: 1997-98; Five-Year Budget: 1997-98 through 2001-02; (Report Date: 9/5/97) Exhibit F - Shapell Property Exhibit G- Windemere Property Section 13. Recordation of MOU. No later than ten (10) days after all Parties have entered into this MOU, the County Clerk shall record an executed copy of this MOU in the Official Records of the County of Contra Costa. 28 IN WITNESS WHEREOF, this MOU has been entered into by and between Developers and County as of the day and year first above written. COUNTY: COUNTY OF CONTRA COSTA By: Interim Community Development Director Attest: County Clerk Approved as to Form: By: Victor J. Westman, County Counsel CITY: CITY OF SAN RAMON By: Herb Moniz, City Manager Approved as to Form: By: Robert Saxe, City Attorney (Signatures continued on next page) 29 (Signatures continued from preceding page) SHAPELL: By: Title: WINDEMERE: WINDEMERE RANCH PARTNERS, a California limited partnership By: Windemere General Partners, a California general partnership Its: General Partner By: Somerset Homes, Inc. a California corporation Its: General Partner By: F. Allan Chapman President By: CWL Windemere Associates, L.P., a California limited partnership Its: General Partner By: CWL Windermere Group, a California limited partnershp Its: General Partner By: F. Allan Chapman General Partner CA971180.008 30 OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF invaluable to persons relying on the document. On before me, Notary Public, ❑ INDIVIDUAL ❑CORPORATE OFFICER(S) personally appeared NAME(S) OF SIGNER(S) TITLE(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose ❑ GENERAL name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same . in EI TRUSTEE(S) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signature(s) on the ❑ OTHER: instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) SIGNATURE OF NOTARY -OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title orType of Document Though the data requested here is not required by law,it Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above ©1993 National Notary Association,Canoga Park,CA OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF invaluable to persons relying on the document. On before me, Notary Public, ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) personally appeared NAME(S) OF SIGNER(S) TITLE(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose ❑ GENERAL name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same in ❑TRUSTEE(S) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signature(s) on the ❑ OTHER: instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) SIGNATURE OF NOTARY -OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO Title.orType of Document THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law,it Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above ©1993 National Notary Association,Canoga Park,CA -OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF invaluable to persons relying on the document. ❑ INDIVIDUAL On before me, Notary Public, ❑ CORPORATE OFFICER(S) . personally appeared NAME(S) OF SIGNER(S) TITLE(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose ❑ GENERAL name(s) is/are subscribed to the within p ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same . in ❑ TRUSTEE(S) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signature(s) on the ❑ OTHER: instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) SIGNATURE OF NOTARY -OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO Title orType of Document THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law,it Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above 01993 National Notary Association,Canoga Park,CA -OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF invaluable to persons relying on the document. ❑ INDIVIDUAL On before me, Notary Public, - ❑ CORPORATE OFFICER(S) personally appeared NAME(S) OF SIGNER(S) TITLE(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose ❑ GENERAL name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same in ❑TRUSTEE(S) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signature(s) on the ❑ OTHER: instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) SIGNATURE OF NOTARY -OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title orType of Document Though the data requested here is not required by law,it Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above 01993 National Notary Association,Canoga Park,CA Exhibit A EXHIBIT A Design Standards for Dougherty Valley Contra Costa County Standards will prevail except for: 1. City of San Ramon landscaping standards will be used. 2. Median curbs will be Caltrans Type Al-8 (unless gutter pan is necessary due to superelevation). 3. Caltrans Standard Plan No.NSP A-88, case "E" curb ramps will be used at intersections. 4. Public storm drain pipe shall be RCP and CIPP. 5. Subdrains will be required along all median curbs that are adjacent to medians without an internal storm drain system. Subdrains will also be required under edge curbs for 50 feet either side of an inlet in all sag vertical curves. Subdrains will consist of 4" perforated plastic pipe placed in a notch 6" below subgrade and wrapped with filter fabric and Class lI permeable material. 6. Do not allow County Standard Plan No. B-100 (sacked concrete culvert endwalls). 7. Root barriers will be provided around trees that are adjacent to road improvements. 8. All striping will be provided with a combination of point and pavement markers (no thermoplastic). 9. Metric submittals for all improvement plans except for Tract Nos. 7796/7980, 7979, 7981. 10. County/City/Caltrans Traffic Signal Standards. H. Special thermoplastic decals shall be placed on all drainage inlets. Decals can be ordered through the City of San Ramon Engineer. 12. Landscaping improvements will be subject to a one-year warranty period. Developers agree to maintain the landscape improvements through such warranty period. As provided in section 4.3(b) of the MOU, these standards may be deleted, revised or expanded with the unanimous agreement of the Parties. Exhibit B M 1 • herty Valley - Contra CostaCount 1995-1996 Tax Rate Areas witwat/irs.s�� .�Atiiw�ttlfr:�■/■N�� �� •///:ww/w/yaw■///t><t •//ww/■/ttw/M/■t// ••�ii/ww■/wwwt/tit !<tts�sisssssstsr �iiM/Mti//w/■t/t •����ril■ri�R�lMri! �ttsssissssssssr srs�sissasssssr 1/R/IRIlIIIIIt `lil���M%�rfl 'IIRRiiiilil 11R!!!illR! r �y��M/��/1 •� WMEMERE ilii!//R1 • RR!!1!1IF4` Ar titll!!I G�� SHAPELLVA IL 66090 66026. 66008 s 66139 Exhibit C EXHIBIT C Current Property Use Code Categories Utilized By County Assessor's Office And Tax/Assessment Amounts That Will Be Assigned To Each Parcel That Falls Within The Identified Use Code Categories ANNUAL PROPERTY USE TAX/ASSESSMENT CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence - 1 res; 1 site $795 12 Single Family Residence - 1 res, 2 or more sites $795 13 Single Family Residence - 2 res, I or more sites $1,590 14 Single Family Residence - other than single fam. $795 15 Misc. Improvements - I site $0 16 Misc. Improvements -2 or more sites $0 17 Vacant- 1 site $0 18 Vacant-2 or more sites $0 19 Single Family Residence - Det. w/com area $795 20 Vacant Multiple $0 21 Duplex $1,590 22 Triplex $2,385 23 Fourplex $3,180 24 Combinations $795 25 Apartments (5-12 units) $4,785 26 Apartments (13-24 units) $10,415 27 Apartments (25-59 units) $23,646 28 Apartments (60+units) $33,780 29 Attached PUD's cluster homes, condos $795 30 Vacant Commercial $0 31 Commercial stores-not supermarkets $330 Exhibit D EXHIBIT D Tax Rate Atea Allocations -.z -.z g -Z \ 0 O 0% Ul �D W C4 0% 'n 00 cs. w r- r- CN " C% CO C, C v'1 q cl C! "It G? C'� NU -1 ol 'N C� cn <1 co m -W �-o -r m m C) CN -r m m w co Jo." in zoo 9 � Co m co C> co c- -rfnm " " vlc� en 2 mr- >: w m r- %D C% w — (4 CN �n r. C> 4;.- 0 w C% m " — %0 t- r� C% a% w v C% C> C> 0 — . 0 — " 0 C% v m a; E L' ?; Nd 'D .0 -pa0 0 a 0 0 No Lq O-Z z �g 11 v 0, 0, a 0 C %0 & — co m N %0 m 0% 00 m m en NO 00 CD 0 O 4n m 0%,h -It C4 00 M — 0 Cl h %.0 " m O ,u m d* 00 -%r Nr 0 -r % C� C% C% C% C% —.N ON C> %0 c1•00 v C, C> 00 %.D Cl C4 C� "i r: C� I": 00 M M %a C> -g, 0 o g g 0 a o 0 e c u Ln C, C% eq "r N m rl C% C% C, kn C� r- O 0 C-- tn m 00 %D ell N ti Zm r ; 0 r, r, 0 C -1* C'. — C) 00 -.r C,4 — C> C> r- r"1w \0 r %n C-4 rq wl C> Z; \0 c-- C4 00 d'- m 00 m.r, CN -+ C\ v hC% C4 C� CD %0 eq 0 " r- 0 0 0 > C; e-; eq c O .Z 01 1.-* leol 1.*- 9 1.01 10 1.*1 CD 0 9- C4 r, w C, C, Q w c> a C> r- r- c- C, !o r- CD u C% \0 Cs C-) en — CD 0 C) CD C> — (n N 00 #n r- t- "Ir en C> -r C> C) O %0 (71, C14 r- m W'% CN CD CD C: %A er C% Cld C\ (0 C) O 00 ell %.0 en Cl. en C4 co C> C 0 00 '.= Cl 0 — 0 Q C) r- Cq r- r- 00 0 00 Q 0 00 .4 o <5 C4 C; 6 C; 6 C; O C5 4 e-; C; 4 C; C4 C; C-) C-. ci 0 < 00 r, CD t- C% %0 r� (4 +D 47 %n C> M ;r C) r- 0 ^+ N 40 O CSCD at -tr 0 %M O \0 0 C% — v t- m m O C3 h 'et C) " CS Q r- C) C\ M %.,) r� \0 %0 t- N O p NO C4 oo C4 0 O — 0 0 0 r- r4 r- C14 C4 Q\ t- _9 E .0 K C'J < :3 o CC> o0 00 0o ao 0 0 0No, 00 N.Z 00 0 0 0 o a C: tA 2%- 00 C) 0 O (D = r4 m Itr (n %0 m CD = < C4 %M oo w N C> %n wl C=> Cl CD " C> " cn %0 %0 O C) Cl. "P 0 (0 0 — %n CD C> rl tD C> Cl CD m -r t-4 C\ c� t- t- 40 IT COs eq �p C) " C% C> C> C-) Cl m C> C\ 00 C> C4 C4 CD \0 IT 00 C4 0 %n 0 -+ Q C) Q 00 N x N tv en 00 0 C) r- 0 tf to G 2 0 r- 0 Q cn 1.01 1.01 0 1.01 00, Z lZ .2 &W O NO cn 00 cn 47% v %0 C) Co CD (0 �o m 00 :No CN4 r4 cn 00 CD CD0 C\ %D 0% 00 V' r, C> C> -4r C\ en -. r4 CN 00 r- C\ c) C) -n c, C4 00 C\ r- C) g " C, M r, o r, 'T 00 CD a CN co 0% TP .0 — 00 0 40 40 %n N r. \10 en en 7 0 d ^ 1 Ln > 0 N0 t: -4 c; c; 6 C; C; C; c; o m C4 C4 CLS %ei to Ci 0 0O c z * 0 0 0 a ti C: 0 U 03 '< 4n, 'n :2 as `aLE S a 6N.20 -40. 0 C: ce v ej > co 0 0 %:I b ca o to> to (-) 0 0, 0 C >. cz > 1� 0 W 0 0 0 0 E 0 ¢ wtco " (n o k3 0 a C/) cz cl, u (n u ..=� C: 0 0 o cc -) (5 0 0 cl m 0 0 0 to C3 C;3 ri w uuciutnu U C) CD n C> a C� a 0 0 0 cl a 0 0 0 CD a cp cz (5 6 (5 <5 C) <5 0 q C5 0 6 (5 15 0 6 a C:) c) u M I'D " %n %n "0 za; I'D C% C\ C, C) CD CD C4 C) C) C\ 8 O C\ =3 r_ CD r4 kA 00 CD — rn -.7• \0 C> c, C\ C\ 00 C% ck r- LL, m r4 r4 fn m en m en V -r �r, -T .0 \.O t- r, r- p 0 z Exhibit E EXHIBIT E Dougherty Valley County Service Area M-29 Annual Budget: 1997-98 Five Year Budget: 1997-98 through 2001 -02 (Report Date: 9/30/97) Executive Summary I. Background The unincorporated Dougherty Valley received Contra Costa County Board of Supervisors approval in 1992 for 11,000 dwelling units and up to 680,000 square feet of retail and commercial space. As part of the overall plan for operating and maintaining infrastructure, a County Service Area was subsequently identified as the appropriate vehicle for funding operational services and for providing on-going municipal services to any unincorporated area developed in the Dougherty Valley. It is the intention of the County and the project developers, Shapell Industries of Northern California and Windemere Ranch Partners, to annex areas, final map by final map, into the City of San Ramon. Prior to acceptance of infrastructure, all maintenance will be performed by the developers. After acceptance of infrastructure and until annexation to San Ramon, the CSA will be the municipal service provider to the Dougherty Valley and will contract with San Ramon for the provision of services. The CSA shall survive annexation to San Ramon and shall continue to act as a collection vehicle for the CSA Tax/Assessment, however, at the time of annexation, the CSA portion of the 1% General Ad Valorem Property Tax shall be transferred directly to San Ramon. In May, 1996, the Board of Supervisors adopted Resolution 96/238 forming County Service Area M-29 (Dougherty Valley) San Ramon Area. The types of services to be funded and/or provided by the CSA include a wide variety of municipal services, including extended police coverage, construction, operation and maintenance of parks, trails and community facilities, and maintenance of the internal street network. The CSA will be funded through portions of the 1% General Ad Valorem Property Tax, as well as through a CSA Tax/Assessment for police and General Maintenance services. The amount of CSA Tax/Assessment that will be charged annually is $563 ($1997-98) for a Tier A residential unit, $795 ($1997-98) for Tier B residential units and $.33 for each square foot of non- residential. This document represents the First Annual Budget, for fiscal year 1997-98, for CSA M- 29. The Annual Budget will be used to determine how much of the Tax/Assessment is required to cover budgeted municipal costs and it will be updated each year as outlined in the Memorandum of Understanding (MOU) to which this document is attached. The budget contains projections for a Five Year period as well as estimates for the 11,000 unit Buildout of the project and interim unit counts of 3,666 and 8,500. 1 H. Organization of Document Located at the end of this Executive Summary is a summary budget table: • Table I - County Service Area M-29 Annual/Five Year Budget - This summary includes a five year overview of the total revenues and costs generated in the Dougherty Valley that are subject to CSA M-29 purposes. The Fiscal Year 1997- 98 represents the Annual Budget estimates. After identifying non-CSA- Tax/Assessment revenue, the table highlights the amount of CSA Tax/Assessment that will be required to supplement the cost of providing municipal services. It should be noted that a Geological Hazard Abatement District 90-01 (GHAD) will be utilized to provide maintenance to specific improvements in open space areas. . A.separate GHAD assessment will be charged to the homeowner and because the funds will flow directly to the GRAD, the GHAD analysis has been excluded from this report. Information contained in the Appendices can be summarized as follows: • Appendix A contains a summary of the basic assumptions for housing absorptions/values, the allocation of the 1% General Ad Valorem Property Tax and the allocation of the CSA tax/assessment obligations. Additional assumptions regarding each revenue and 'cost estimate are included as footnotes in the calculations. • Appendix B includes the estimates for revenue, which assume annexation to the City of San Ramon, and which are based on the absorption and pricing estimates contained in Appendix A. • Appendix C includes the estimates for General Maintenance costs. Some cost estimates were based on proposals from service providers, and others were extrapolated from the City of San Ramon's 1997-98 budget. All sources are identified in the detail calculations. III Additional Considerations a) Transfer of Funds to Appropriate Agencies By approving this first Annual/Five Year budget, the County Board of Supervisors is instructing the County Tax Collector to forward certain funds to the appropriate agencies: • 4% Property Tax - Upon resident approval on the Special Election Date, the County Tax Collector shall transfer 4% of the General Ad Valorem Property Tax, as provided for in the MOU, to CSA M-29. This shall be 2 accomplished through a change in allocation factors for the Tax Rate Areas (TRA's)within the Dougherty Valley (See Appendix A.c). As annexations occur to the City of San Ramon, the CSA will survive as a tax collection vehicle, and the TRA for the area being annexed will be adjusted so that the allocation then goes to the City. • CSA Tax/Assessment - The CSA Tax/Assessment, shall consist of flat charge per unit for police services and general maintenance services. The Tax/Assessment will be triggered upon initiation of building foundation. The maximum Tax/Assessment for costs which are non-utility related, may increase. annually based on the Consumer Price Index for the San Francisco-Oakland-San Jose area. All costs associated with utility charges, may increase based on actual rate increases. The assessments shall be allocated as follows: • An administration charge, equal to the cost of administration, will be transferred to County Public Works or other appropriate department for the administration of CSA M-29 • The portion of the CSA M-29 Tax/Assessment 'required to fund General Maintenance, shall be used to fund identified costs. Prior to annexation and after the County has accepted the infrastructure, the County will contract with the City for services and will use the M-29 funds to pay the City for its work. • All Tax/Assessments remaining after the allocations for Administration and General Maintenance, shall be transferred at year end, into the Capital Reserve Funds for the construction of community facilities. • Count, Library Allocation of General Ad Valorem Property Tax - The County Library receives a portion of the General Ad Valorem Property Tax. These funds shall be allocated consistent with Board Order . In the event the Community College District provides public library services which relieve the Developers of their obligation to provide such services, all efforts shall be made to make these funds available to the college district. b) Capital Reserve Fund Due to the fact that the per unit funding requirements will be less during the initial years of the project, when compared to later development phases (please see Table I), the County and the City of San Ramon have agreed to an interim allocation of the "excess" taxes. Both Shapell's and Windemere's 1995 Development Agreements with the County provide that each developer has the 3 right to approve a tax levy equal to the Buildout requirement, which has been subsequently estimated as $563 for Tier A units, $795 for Tier B units and $.33 for non-residential square feet. Each year, a budget will be agreed upon for the cost of municipal services. As provided for in the Memorandum of Understanding, in any one year that the actual costs are less than the cumulative revenues generated by the project, the"excess" amount of the Tax/Assessment will be transferred into an Capital Reserve Account for the funding of capital facilities. As illustrated in Table I, it has been estimated in the Fiscal Year 1997-98 Annual Budget, that $64,135 of revenues will be generated by the project, for which there will be a need for $24,243 in the funding of services. At year end, if actual costs and revenues equal the.budgeted estimates, $39,893 will be transferred to the Capital Reserve Accounts for the funding of capital improvements. 4 O N O d \O d• I'D O O O \O M CT •-■ O N 00 O O O O d M 00 �o It N M CT M 110 O O O �o t- M et v1 N t- O ON O O ON n 00 O N %O (ON %D 0 0 0 110 00 N O M h 7 V) �D O O ID O^ O N O \D 00 M a, N vi vi O N 00 N M "o N c+i N C> to Wi �D O ma. O 00 in N t- .w dt O N r- O O — O M N �o .-ti N D N to et ISI O N O M 69 M 00 Ow — M 4n 7 N " — N O O .--i N 69 69 h 00 69 -- 69 69 69 et N �D 00 C69 69 69 69 69 69 69 � 69 .r 69 69 69 69 69 69 B 69 69 eC O — O M rr a N N M�o a M tt an m w 0 M 00 m 00 tf) O �n N O� O �D O O 00 O •--� '-+ M d h O �n M M r+ w100 m w1 DD M o0 00 N 00 O p 00 .--i .-i to 110 t- t- et 00 N O h00 O lr c� O O N - h wl I N %D 00 M O CT 00 It t- O N N N N 69 M 69 u h •� M h 00 N 69 N �o 0o 110 00 't M O N 't ON M O 69 Cl) O 69 69 69 69 69 M -- -I:t 1�6 O -. N N 69 69 N 69 69 69 oq 69 69 - 69 69 69 69 69 604a a N N M t � v1 in CT 110 00 .-. t- O N O O CT O I'D N o p C CT �o 00 N O q1t O\ — V) \o Cl) r- 00 M N . O O O \oI N H N to CD et O\ N t- O ON w O " CT N M O t- O 110 M It �O N 00 N O et �D O \D 00 v0 CT et r ti 00 vi ri 00 00 �O Q l� N h •+ N O 00 r- O .'-i N CT 00 t- O O O 00 ID N 69 An C4 W) N Cl) 69 — N �10 r- 00 � M 00 O ON O 69 �r 69 r- N O 69 69 69 69 69 69 69 N N 69 69 69 •••� 69 GO-) ` 69 69 69 69 69 69 69 O �-+ to N �D N O O Q, O 00 O N O 110 �o N t- 609 � � �-� r CN r- Cl) 000 h N I�D M 69 N O CT O 00 CT M M O h o, W- 00 O O — N M It M M ON �o O It O c7 N O O rr t- to N O O\ h N06 v N � C4 CT o0 69 Oe M tr M d O O �-+ O\ Zt %D N %D N M N 69 00 •-+ .--i O M N 69 � 69 N O dt 't (ON CN N 110 �t t- 69 N 69 M 110 I'D Z N 69 69 69 69 ,..i N 69 69 69 69 69 N 69 69 x¢ 69 69 609 69 69 U N O, O W) CT ON M It Cl) ON N t- O O — O "t 0 to 00 00 a: O �o 69 — M N — N O N �o 00 ON — M M 69 ON O — O N 110 �o O O to M CN S 00 '-+ N in in O N 00 CT CT — O r- O d N O O Ci t` r- t` 1�6 . CT O O - N N M W et 69 6 O O W N CT M M O CT M N � t- 00 et "Ft N \D O V) O O t- N 110 N 69 d V) V1 w O N N — 69 69 — cl, M O M M •-+ et M V) 69 — 69 �o 110 �o ti O 69 69 69 69 69 69 ,� ,.y C- 69 69 69 69 69 ^, 69 69 N 69 69 big 69 O 00 O t- �t V) CT It 110 V) kn O 110 O V) CT O o �o O N O "D t` O O O N 69 t� ON 6l M M N .--i d to 00 — O O\ 69 69 t- O et 0 M �o N N O to %D N V) 00 M d' N 110 CT N bn V) CT O N O r- N t- t- Ix y N l \�6 " O N O V'1 'D CT t� O\ O t- W ... tr \D D OR CT O \D r- .--i V) M 'et N t- O It %.D M'N N C14 %C N 609 O M M Q O� N .--i — 69 69 '-+ t- .--i M V) N 69 69 — M 69 69 69 t- V) V) CT 69 69 69 69 69 69 69 69 ,.� b9 69 69 69 69 N 69 C4 - O ao O M N et D1 M t� tO O O O O O �D O d 0 t- r- �o 69 0o t- 00 t- It M N t` CT N 69 609 69 69 69 CT 69 W1 O t- N O O O t- \D N -e bn W) M •-+ M oo M V) W O 00 t 4 4 et C, .ter N N %�6 00 O 64 ON t- AD 00 69 — h O N �o 00 C NO_ ^� N �_ I � O 9 669) f.S9 69 69 69 b9 69 699 69 94 99 W Cl)Qq N � b!J b X O O N O Q\ 00 00 M 6 m O O O � O O O O O - O d. 0 0 M M M 00 00 69 N \D C7,� 00 00 9 69 69 M 69 69 b9 69 69 cq 6.9 O O N d 00 a. "C7 N CT O +•-� N 00 00 00 69 h 69 d� CT CT ZO f•" ON a — N 69 69 �o \O 69 .--i N M M CN 69 69 69 69 69 69 69 69 69 F- 0 0 00 CIN CIA �4 U QQ v 0 co w co O1 In 04 E 3 a o j 64 awi w c Q Cx Cq to u to to 'Ina y .- - ami = m co o, cz a� w �' o ^o a� "" = ° U o M Q o F' - a vN°�, . NV GCS •O ani o b y $ V > �n cis F H H �� d O w � � c `. (s �-1 0 o c� F. Q O H o O O i e0 C� O p o b C3 a � U v1E- wa �, t� aC7v� E OUaw ddcn O N Qcc .o v a; w a c Cl a ci c ai w au on U In d U w ? > s. APPENDICES TABLE OF CONTENTS Page Appendix A- Assumptions a. Absorption/Value Assumptions - Shapell A-1 b. Absorption/Value Assumptions-Windemere A-2 C. Tax Rate Area Allocation Factors (as of 11/6/96) A-3 d. Tax Rate Area Map A-4 e. Estimated Total Building Sq. Ft (For allocation of CSA Obligations) A-5 Appendix B -Revenue Estimates a. Current Property Taxes B-1 b. Sales Taxes B-2 C. Transfer Taxes B-3 d. Fines, Forfeits, Penalties B-4 e. Licenses, Permits, Franchise Fees B-5 f. Intergovernmental Revenue B-6 g. CSA Assessment B-7 Appendix C - Cost Estimates a. Internal Road Maintenance C-1 b. Street Landscaping C-3 C. Park Maintenance C-5 d. Open Space Maintenance C-7 e. Flood Control C-8 f. Police Costs C-9 g. Community Facilities C-10 COUNTY SERVICE AREA M-29 Appendix A Assumptions 0 a C) a o 0 y vj N M V1 RS Q• 00 C> N C4 a o0 d Q o a 00 0 .a 00 00 0 •' 00 �d ao � o as :' o 00 N V cG O M U � 4 a Ln00 d O F a a a N N p CT M U fit m CA a o «^+ W o N N 00 O y d Q a Ci~ d w O 00 C-1 r ? €� 00 ( M a N M in M ccs G O N 6R r oq N 00 N O rc� En , •-+ GL ED ON a M , MC'� o C d d a t O 'n a eY C4t 0� a 'n (� ON ON d d w U el N GN M til. r opo0tnfl) .� n 'a �y O oA vi y � CN o M C> CN � 0 C ;z 5 o rn M K' t'" Ern- � C: G N > .3 Q c -. 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Z' ani '" W C U a) O aoi a p GJ aw3 � V ° Eaa � �" O ' Cuoou) � aa �' pi o eU Q 0 '0 � co a o a C 0 H N C U a «° co � y o o U o m U o a� ca � ' o H W UUUUv) UUUQ W m WU � v� .UUU ca o 0 0 o 0 0 0 O o 0 0 0 o O o O Co O ¢ ca o 0 0 o 0 0 0 o O O O o O O o 0 o O 3 N M %O to in tn N %D •- •-• D\ O_ �o .--i O\ •--� — OS y O O O N O 0 0 0 0 0 0 O N to 00 O — M %D O O O O O\ ON 00 O` O\ C .0 O z U � Page A-3 { Dougherty Valley - Contra Costa County 1995 - 1996 Tax Rate Areas J t� ]DO` JD JDD ,uL-iLi LiuuDD. + IDODDODDDO . . 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TA ¢ tn W) V 609 � 00 >„ n + M C. �D C� O c0 64 O U 42 p a a � a 0 0 0 0 O _ FF a a � 0 0 0 0 0 0 0 0 0 o w .moo - . t .moi "•� N U C/) en O i •� U C� w w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O n -It 0 0 0 It f0 N O O O h O h M 0cr� 00 O O Q .--i .r N M •--� N .--i vi 1-4 O U d w 4-4 1-4 O n N 4 O O N 00 a O C y ca00 0 O U a � O w o cl Cdas Oz "o o w o-4 CA w El u EA Oto G 'w O CIS 0 O 0, En UM to Ch u O •�"'' d O � W x N O d o w u x z OU as U �I N z -: Page A-5 COUNTY SERVICE AREA M-29 Appendix B Revenue Estimates W' O O O co O O O O O O N O 00 M O 00 rw N N O\ � O +•+ O O [� O r 69 NNN �� N ^, It 69 69 61) 69 En �d, tn tn C> m C> O F+I C6 � 0 0 0 0 O N 0 f3. a .r -- O H et M00 O 6 6 6 M 00 N a in h C O N rt Vi M O O tN N 00 r� .--i 6A 0 N h rO t- M 6A ¢ O I v1 N N FA 64 6A 6M9 � M M I'D A O O O O v7 a, N >O et.N 'O - O N N N 00 Os �O O t �O O v1 v1 �n O� n 4) 5 M 00 0 00 00 -1d, C1400 z o co �t c"1 q N e9 669r- 110Ln � 6A 6A et et 69 O 69 64) cz O Ow V1 I'D •r N O O O Itt to O, M , ON — ^+ 00 t- O t- Wn t` r M C14 SIO O ON O ON 't •ct 6 t w d T M v1 O N 't M tn ' U oe �o � o o� o� M .� z 6A 6A O\ 69 U 6A ..n .-•� 00 A 69 69 69 03 (� O .-� N O N vl O\ GIN �O U Q .14 m tS 00 O N M O M O\ 0 6A 6A N W') t� M t 6A C f-• 69 6A 69 A vi A M ON N %10 00 O 00 N N 00 ai O "t h O l- —110 m C% 00 (ON— — — tn N "o ^' ONON O D\ .--� ~-i N 00 C7 - as M kn 00 M Gq� tn - ~" 669 G A 6A 6A 669 O •''�• 0. p" •3 0 0 o C% 6 rt It d O et 't O 00 M y C F O %O O\ 6 6 t` t- O t- O\ — I'D qtt O 1.0 M In 1.0 00 O 00 O\ N r- O p •� O h 00 N O N N qt r M .t M CN N It O\ 6A 69cs 06 '-" 0 �o 00 .6r O\ 6A C N COS 6q � O O cn N N N C% O O O � � N N O� 000 � c^ O ON CV ¢ -~ cn � °y °; °' v 6'.s 69 p o a o601 toq 64 a Ct c ¢ w a co rA th ¢ N x O ¢ ' A ao cl cz o 'er r L4 .� ¢ En Q U CL V O.-i N .r N U C�I ¢ ¢ H v Page B-1 PCa' 0 0 0 0 o O o y! �' 010 o ooc� o o v to to -� 0 0 0 ko O w '~ RS M N 000 in O w O O "MV O 6H 69 69 r C d a O O� O O O O ' Vl ON V'1 00 O O M -1 00 � M 00 CO N O O h N M 00 O 00 M M � 604 Q Q 00 9 l� %D N N 0 0 0 00 �O N z - O N to O .� co C, m F- M r� GO) 69 O O W � WO q bA O��A O O to _ 00 m N o 110 O \0 Oet 10 t 0 _ M 00 -o ui N O O 00 N N 0" O" � W O O N N M 604 f/j U 0 y ,d O Q N et ID — as O O O d M r V'1 U O\ C> .-� V1 I- C N00 U P ON M �h w (ON C% O 00 N cq _ T Cd co cC N CS cq M Q\ N \O ON O O l� h O tt h O r- 000 � CN � y 4 •--� •-- of •--i I� �p a N O O O w n n a\ 00 r b9 U O cC cl I'D — O O 000 O O, V'I t � 110 O O M O O 00 ON to W) [- 00 O O 00 a, O O N O, O\ -- M N D 00 N M %�O A "th O C� ci' O -- N 00 O O �O al 69 ON 'ct �.O 69 .� N 69 69 /� O O O 10 O N N M O V1 V 'C 00 ^' O O h ti .q .r pcn N 8 ON � Q 1 (7 4? ON rO 69 O ~ GO) 604 W Cd cz z U o O ° O X av,'x � � H ¢$..q vco caa G HU o 6 x 6. ¢ >o va cn cc cn ce ct U p a`"i p n ani cl C° P. y U ca cz a E c a `" ° a � a � o a a o o 0 Q = d w CL4 cn 0 r4 czLn w Page B-2 Pa y 0 0 0 O O et N oo �+ LG tK t O O t` �o 00 co cq O Q ,-r r.i 0o0 O Vf1 IOr m CN 46S ON kn tn d' = 69 69 69 C d yh O O, ON r- �o 'n \D M N O C\ O N cq C14 C t m O •� y M 00 •�-� •-i N 00 O I'D M O O ~ cz co co N 'i t- N 0000 � 6N9 0o C - a 00 `� ;n 000 � � u I6s Q > a cq "; h CNS h N 6 N �D 00 M O O O z tn .-r r- ,y M N .y O N O cC cC cC N M N N •--' E ~ O -a -a i.- � mroq O 69 64 ON 69 N O OA 00 �O 69 69 � .� C 0 O w O O O 'n \D -- O O ON 7 N CS O .ON kn 110 ' > as O ') NKIK CQ N ONO CW7 O %C C" �L O 69 64 ty - O N t� pV O G O G N M .-r to �^ in U +� �•-� 69 69 O cu bA ro N O N N d %D O N M •--� U O\ O ON -It O� M 69 N ON 110 M N O N •-•+ h t > N 00 OA Cs¢. to CN OO te) Otn C -9 Ca 0 W) N vWi ON .�. O C` � � R 1C.' � co ~ CNC O 00 M N U �j 69 69 N (� M r. M E!: cC Cn 69 .--i N N h Ca 69 69 ? ° 00 O 00 M C\ N O 00 00 �t V2 i" w ON O O� r- 00 �o 69 Q O\ 00 CNis iia a� O -� O — vv, o ' > r. 'n N := Q ri vi oo ca 06 00 �r M CN 00 00 M .--i z 69 69 �y Ca NNy {yam ."� ANO vii � f" � 7a CG �O L3� ~ ~ M M CL � vN 69 69 64 69 Z 0o O o 'n O o It O It (:N M � O O\ O O N O O r` O r a\ 'n 'n 69 N r- --+ N O O ---' O h ON 00 O 00 M kn ' > 00 'n N cx r+ Wj 69 06 CN --. - r+ 00cz O r 00 00 N O N CC N 1�0 00 M 00 O\ M CN N N 69 ~ � 0000 h O in �-• 69 69 Ca is 0 0 0 0 O O O N 64 C14 N N 69 N N .•w 00 � C` . �C Q, 7 N 4 V ° .-. r, 69 69 O u eN� " ON U •«�'"+ LZI A FV. 669 � S GA) cu 4) o N z CA iia 0c $ ° c o o c oN o O rn ca G i k H 0.a aw cz > a `n �. w O O • is mC?� O N O 42 X O in cz N $.., W. is ¢ co O iC O ' ¢ y ¢ p E N F t2 (� 42N N N O �. 0 C. ro o «C .00. O C O cz Q E� aQEy03 0 cu QHQE°- in cu Page B-3 o o o U-i 03, 00 C-1 0 % 0 C14A co on aft ID M to 00 C-A .01 bf) 0 O 76 IP cl� 101, C4 C4 ON ON I-n ON C4 0.1 r o ON n N Z a� o N 0 2 0 w 00 NO 64 •et � N Ct` M 6 �p M O W N �d t7 O `001 U-i F^ N � a., O N � ✓ � `n r M 10, G O �yV. � � d' � •rt': d ✓ � � W � pp• � d 7 N a+ A f � O W ON F' yam,, G !;N GoTA o d %Zo. 10a vo N -PAf a oa CA CJZ N o N o a `4 ct� •:+ �i w, 9 O d v iii L a o 0 C) 0 r- Cl) R O 00 v1 O O N �--� 00 h 69 d � C 6� to tr) O O t� V1 a � � � OEn It M 00 co N � �A q 00 00 r� 69 69 ° U 7+ cq Q M M h h o (ON� � � N h 3 ., ., M O 0Oo p rlqN cn y � p O '0 O G •� y w••� cn CN O .--1 X1 00 M N 0 N V1 0 O 110 000 V7 N O� M 00 et V1 RI 00 ¢ V] O 64 64 Cr O N U p Os F ., cz d r 0r M r r- N ° wl 00 W y O 619 69 0 O W CC It c) 00 CO M V) N M V1 czO t V'1 O t— 00 .--i 00 4 •--i r•. 'cY r N a• N Ca cnco O U U to 69 U Ow U) D.� S Z h o (=> N a\ .�-� Mtf) �o 0000 r- h a M 91 .-. 00 r•+ � 69 00 %C ,h W ON 69 69 4 C� F 00 ti �. .Nti M N � N � a o � Gn z CN 69 O N > U $ H z N 1.. y C 0 > on w w p b N 'N c o o N O O •E In ZLO N H O ^5 E C4 O o a a°�o W E W o C o N �v� 3dUE-• d U N Page B-6 . F+1 qj O O O O O O O — .-w Q\ O N N �o O ' M l- O to O O O 00 r- O d• — •,r O R 00 O [- O O O M \0 ON O — O 00 O ' V1 W N 00N O r- O �D vl N N O Wn 00 00 r- 00 e} ON N N Os [- N .•r M �o 69 ON�--� �+ N M Q H --� '� •--� 69 .-. N �--� eF 69 00 03 69 69 69 f/9 r CT � O yQ to vi O h O O O O t •a' (7% M M ,y cC O O\ O N O O O V as �o Os — [- ON 00 N W O V1 U1 •-� O 00 00 M I, N M O [�M ^t Ca Cl) N l et 00 M O� N C% � M O 00 M O\ �--� Z- --� O .N N et O\ %0 V'1 N O\ O to %D O 3 V1 N N 69 \O 00 00 .--i 00 000 M 60) eF O co 69 69 Vi U qw O O O M .--i Vl O N N kn 9•rt N �D --� O O O O ON 110 in .-• r 00 �o U _ It N \D N et pM O 00 � 0 O\ —0 O � �y. to M M — N 69 t` M "o 69 .--i cL tD C 69 69 N 69 en 6946S `+ OOw � z co O N �t 110 00 O O O O O\ M O, M \D O\ 7 Os M t- — O (D O N W) 00 tD W) \10 %D 00 N -- Vi t- dt \D O It 't O to �r O O \D T ^-+ C cl� .--i [� 00 N .- 00 . V1 (z " Izl O N r- 00 Nr- \D O \D M C7 40. w p N N 69 M 69 � C14 — 69 It cz O O �, �, N4EOqU .0 .N. 'd b 0 M O\ N O O 00 M O �--� t O` ON M.4 U vi .0 w O r O O 000 0 W) wl te) C14M W) � k w E..+ N N ca It �o to N t 00 [- \D N O O p N N 69 N 69 M .--i r- 69 O Q .G y" ON 69 64 69 .--� 64 ca A. G. k G i> O .� vl O\ in d 00 O O 00 "t M V7 to rr O\ h v¢i (da W U h kn �D O O — N eF .--i W� N It O Q V] N �G O O �--� M Wy �o �--� O O I- et N le .--� M r- N O N Ol 69 Q .�-i .�-i N O 69 N I- O 69 n c� 69 69 69 .� .-• 69 M M z U � p� 69 69 69 U a � z rn p r- [- 00 O O O O �o 00 O 00 W) O M Q W 00 00 O N N N M N CT 69 Nl- O\ 69 r- ❑ 0., O O 00 O O1 .-� •-� •� N00 �--� \D \D M fY U Or = U. - 6H 00 .�-+ NNi to � WO m O 69 69 O� 69 69 69 69 N ° P, C" N '7 -It M 69 69 69 69 69 69 69 0 ,46969 � °n >, o yp, b 00 Q (q{�y i, O 'U F u G ~ V i, Oto CA 0 F E U' �c O Q Q t CIO O No N ca N Q Q G ►O. d A, 7 e v o a a a o to o .. 0 0 0 o ff 0 0 0 U 0 U a. a. 0. c7 c7 t7 O U Q 04 04 V O -i t.j Ln V Page B-7 COUNTY SERVICE AREA M-29 Appendix C Cost Estimates • U m N N m N 0000 00 m O 2 W) � .-r vO'l M as --i ,� N 2 O N N N et r N N 00 Nt O �D •� t� RS N �D CC O a% aN cz D\ a\ 00 cd t—: ea N � N1a. Zgo 00 o p O .n .�•. N 00 t— O t— N N d' •; 00 r`J O " U 'd 00 O 00 cz N M h M 00 RS N t- D\ eo Q N 00 O CA io « N N 00 r- t0 > .. �D ... 9 o A a� O O— O— O CN � .�-i 0000 00 10 0% E N O O O h N O N et M O Q -� N O NC? N M N -r .b W C NN ¢ ti 110 00 't 00 00 N �"'� �D V1 O M M 00 Ut- CN t— CN N 0�0 O 00 •1t et N CW7 r+ O O •--� et .--iN M C\ Q (-i 00 M c�t c)CDU V) O a cz N O O N M M CN ON 00 0% O M M N O N l— O !M -N.. v1 00 N co) W N M � N .� •--� O --� N V .�•r .�•+ .moi 00 00 O � N O N N a N N N 00 N N N C7 N N N 0000 O 0 CPS N p y r.O O O O O O O O O O O O O O p O 00 O O O O O -+� « C F O FL S2 3 0 O� o N 0 o � _ crj Cc 4r Ir V) fA •3 fy' .� V1 Vl cz 0 o -14 ba ba"0 0 z 3 c FU) 03 U o a? a _ a�'i _ y ex�e 3 i to to ? aoa � °oa � F. o '� a3i o y � � U En a '-� b "� b vin 0 ►. CO CZ cz :n .to [ H a a a a Ei cca 8 a a o a E o3 ¢ U ¢ U O H v] V] wi .16 r 06 O� 0 V �I ¢ Page C-1 y M cr 00 M r- O •--� et M 04 O t - � .fir r-C% 00 -n � 0000 O "N'' vl 0 00 M N N t •� 00 00 E r" OA G •"� N ON M ON M w •C •�" �--� �--+ fA 69 69 •� •-r 69 •� �O N N Q. y r ^••� 6A 69 6A 69 6A O jai p w. bA U a o -. a\ M N 00 N U w �p �° O ti O vCni N oho -- � oo0 0 M y 0 O �^ O "+ M If M O to [- N M 00 �O � °� C v to C — N 00 N ts> " " 00 -- Cl O 0q U 00 '�- 69 fA 69 69 — to — U C .y -14 C q 4. 40 ti+ to N sn N O O O N 00 . .0 yF. to � y 0r0 r- .--a O\ 00 00 M •t 00 a�Q C p, �O •ef' 00 C� M M O, M 00 O� d' > N MEA64 6s 669 � 69 v 6<i 6MM vs9 > 64 601, z tn o a. � U V U � h O •--� �O O �O M N N N C It 'T N N M Nt ItO > ^ U G 69 69 69 � Go9 �•-� � N > 69tZ 69 O H U too to U bA C U to U :3 � N �'•" 'b C 00 = = 00 00 ,[ 0.1 � W00 o -• o 00 C\ w �. 00 00 O, r- 00 00 Io rl 110 69 •-� M O �+ C, - r- C\ O\ O\ 00 Cr N z r r- CD'" 0 69 6M9 6G9 ,M—a 00 n In 0 0 0 p 6) 69 69 69 v3 h Q C ~ C C E C C e E N O N c0W cC cd 00 m O �--� to OW) kn O� O_ W cCtl cCd N O V to C d N Ln In V] rA U (n N U U 69 .-i N Wn W M N -I .~. W U U U C U •U C = O\ 696s 69 69 69 69 I s O > w U w �•' O 0 w 0 0 C% W.1 Cn 00 C O 0 .� C CO ^r 2 - ►� c0 vU O O O 7¢ 69 69 6H 69 69 69 69 69 60q 69 O 14O\ z w O ti w� a cn v� U v� v� v� � E� H O z U 0 �° ,� aaaaaaaaa F 0 cz °' O in �,p t M to O\ M 0 0 0 0 0 0 0 O O O O U w ��• N O — tr M 00 N M d• 69 64 64 69 64 69 69 69 69 69 00 dr .-r N N — N C\ 00 Q 69 69 69 69 69 ,,,�6A ,� C\ F. 69 + 69 l� O\ 0 3CAEn CIA U U U b N y N +� RS «+ _ U vi y O U bA bA N A cd 2 8 3 eA C a C� rn h C C Q� ~ c�CCIJco cz o _a. 8 r = a 5 H � tiu � •� U 3x F" b O w a " 3 •� 04 U [ a c o w O cn to co .�+ .�+ {ti it 0 O (Sy Cn W O (n G7 O O O U5 v) i1] v� cn H E-� U U U U W .--i c.j M et 0 y U C6I Page C-2 V +' � � � Z � � � Z � °N° 0Z ovNivNi2 . =4ctOp C O n n M CN O C 00 N .-w .� N N C14 M CN .fir N Q W • d 0 U ^ Mt- 0Z � - � Z NOOO c° ONN R 00 as 00 00 l- V1 ON %0 V'1 Cl) e} r- c) W 7 O M N D - � 00 C n <e >; •t..' kn Q O l— 00 M N Vl %O l— M O .a cC 'a O --� •-+ N M N .-r ~ N .-. M .r N O G'. 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W c W p40a' O ce^ R O n W 3" U w o a0 N cz a R: a c a c c E c a `° 0 0 N Page C-3 U of to M O N r• t- to N to O\ ON O 00 V1 cN M d t- N t- 00 M M O IV Itt M �o as r+ — \D O\ 4n t` N •� O N %�6 M cp 00 %D O W C N Q 5 GH 69 64 6A 69 N Q � - � H O M M V1 Q\ O %D l- N l- 00 N et �p v1 M O lD N h h %O O� V� V� 00_ _ •C O ^-� •--� l� ON N �10 M ID O O 00 >' 00 �D I- 69 -tt M ON N GH 69 64 69 69 N 69 O U V'1 07 00 M M M [- CN [- vl (ON M r- O 00 O t- ID 00 00 N kD •--i W M � 00 N O\ •--� M Vl N O 'D W) O vi 00 O, N — to — v1 O_ t- > �D Q et -t N C,4 oo tn 69 en cs C� M t- a M 69 oo 64 69 69 6s z O F 00 00 00 M %D M t- V7 t- O •t �D rt t- O oo — M t- t- 00 69 't — 0 N O� Yl M r- %D Wn ON 00 M kn M Okn-- .- .r W M O -t N Cq en 69 r4 69 N I'D J O O 69 696's 69 0 N Wx F 110 00 N M 00 M \D O N N Isl 00 tn 00 ON 69 N Cl) '-+ O, h 00 � •--i � 00 O \D t� ON Q M O VO N M ON - O N � O O -- "" 69 69 64 �t tUn O 69 69 b9 y N U w M O ON 00 O O O O O O %n kn W O �o O Cl) M 0000 64 rdq (OS 69 � W N li N '17 tr t- D\ 7 'qt O\ O\ N M %D N — M N 69 696q C. W tiq �D �O 00 0 0 0 0 O M 6R 6R 6R 64 64 6A 604 Oi IlO �D U 00 o. a 0 0 0 0 0 0 O O 69 69 69 69 63 69 G9 h � F cn t\ h 1 z 8 t � A Cd s cd ' � •N � o.� .r .a o ti .� P4 o x eat •V-r Ucz `" a � �. ami � � a � � w .'°�•� ,� o 3 Eiaaaaa3 H C4n y � w .--� N M et •n %16 U .fll PageC-4 U O O O co O O O cz N O, V•1 M 00 c0 M CO O O O cz 4w o 0 o Z o �n Wn ,� oo v, .� C-Rc� Z Z o Wn v, ee C vi to C 00 00 � 00 r; to ri m r; C t- � o � U .•+ to M t` c0 00 O 00 c0 [- O C% 0 tn O V'1 cz vi O N N 'a •--! M et -a O\ N t 00 M 2 O 2 O N n O w l- O h \O 't O N N It O, Itt CD -t M — It N t` T — h >.; 06 03 H O � U R. N 00 O m r- O r- cz \O N �O m N m O O m O M IO O +" \Dy M O d' N et h c c 00 l- 00 t- c 0 0 �¢ 40 'o N N 't N N >..1 L. S 12 c F cl .0 NO O kn (ntn C4 c y N i 00 00 O O et c 00 c � c c wzO 'L7 c0 U W Q N N �^ N 00 .� '0 w 03 C1. ON C13 N 'b O, .^r .N ^r �p O Vr V'> O O O CO OOA y W bU0 O .--i O, •--� O M D, D\ .--i c i N c M c O W Cn Q O 47 00 r ^" 00 N a7 d 2 p N o p. � c�O O 134 0 ou cCo P. U F to � � w •3 [ lu Cn C 'C O O ON 000 %O N110 \O N N 0 ti v� O N cV N -M M O O rn O O N N M N N c c >� C y �•• et N N N 00 N 00 00 N N . cs u ON ¢ cnw cz (Zco y Q V O\ 01 U = U) C� O N a 00 00 00 c c c c c c w c0 v w .6 > .i c U w 0 0 0 C U H ON 00 a ON U co cz 'O cz CL O � �yy. qFq��, 4yy. ►yy. �yy. w; O <D O 00 O O\ O H p w O O 00 — •V' O W � O M 'It N N O 00 N 69 69 69 69 Obi R OON a � CIA U N ao z co to w ' to � Qgg 8 an ¢� G C13 mw UE 'EN � °cc p" � $ 8 $ .e a ca0 > c o 'c R: a s y a to a� p U U � .� '" o To C ai is ^cz 5 ar is =° as cz ani as U (� cz _� cS O vii b O t7 D O C C O O D O 'O R z o an a� ❑ H R c a Cz a s cz m' a a a a cz a E 3 'ccE 'a� c oa ¢ vi3 ¢ U ... ao � .., ... a ao w as za" UUU ¢ � 3 ¢ U v� cn33 ¢ U.¢ U � 3 ¢ U C o U �I Page C-5 O •-+ M O 00 O O I'D t- O O O 't C O 4, 1�6 a\ W M C O \D 00 N N N M N .-y 69 O 69 69 69 69 69 69 et •r tA 00 -* O �O -+ h O IO O O M h tn NO t- O 00 .N+ n 'e enItd r 00 .6-i 669 64 6 fiq N 69 69 La O U U O t` 00 t` v1 O r O t� N M O 00 O M M t- *-+ O V7 h �O C O b i 69 %D N O t r- 69 69 .--i 69 O 69 69 69 z 0 F N_ V1 00 O O N N �D M �64 O r�i LO, Q M 00 h V1 V1 00 G .--i C\ h -,t 64 N N W O � 69 6) 69 > N p0q Q O+ M 00 t- O O r- W D� t� h M 69 O 110 O V) M t- O zz¢ •--� to vi v1 d" x O DN M et 69 N O U — 69 69 69 M ti O 69 69 Q N O F U Q w ON 0 0 0 0 0 as W O � 69 69 69 6) C CN ti Q N wl r- ON M N to CN69 69 .--� aW 6 yy 0 0 0 0 0 0 O 69 69 69 69 69 69 69 C7 � z � U 00 CN a o_ O O O O O O O 69 69 69 69 69 69 69 00 � F ON O� a Cr A N V ,v o z (a c ti p Cc b4 v a U m U a M , U z -W - Q V C cc'd e� F C �3aa .W o o N ,$ aUU a o c zu u u F Oa W .; NMvv; � U �I Page C-6 V O O o cc k c o O O O N M .--i N V1 �o r4 6q _ CL W vi h N Up � � l M %0 03 o (0 voi U p y 00 00 %0 It N \O .+ y to G ~ Gq O cz M O M cz O O O O o 0 O 4 ON O� •cl %0 .N.� 69 64 > � F O O o cM O O O Ocz O O O a `q 0 O � 4 O o 0 N O O O M O O O O N O � m U .� a% ON Z U O 69 f19cz xQ O U C) N O a 0 ¢ A U N U M 0 M M O O O O w s09 soa C> N U N a o 0 o c c° 0 0 0000 0000 000 �. m C U b4 u U 0 U U CL cz cz U N 0 2 O O o 0 0 0 (00 ,00. 0 0 0 H cd o� eq 00 69 64 s9 oN ami � C13 °" o N yo i _ 00 0 00 z O N O bo ti C� m ccz o U aoon0, ob0, 5 m ani 0'.0 Ur. o v y y ,�, U M q ce U M U U U U ca cc ec ca z c a� a cv co ca ca co a)cz H o c [ .o cu yam' c � 00 c°� F. Uh ce v� H a cc O m OWcad ai ami ami on 'eo a cz � � � � C •� y .-. 32•L1 � O b y .-r N Q O O cz U ¢ U TUU E a O 0 O 84�-+ N M � W �+ N bl Page C-7 • f r•.i ♦/ N cC M O O O O O O � � Z p 0GAI h h C O •C 06% —O N N 69 6R 69 r6q h cC U y ro o o Q N m M O O 6 6 9 O O rn cNC O •"' O O N N Y' Gn 69 64 —60-� ca7 p 0 O O O U 2fiq 0 0 R N cd N 0 0 C> 0 O H 1 1 4. 'dO O O O O C' y �O " O O - ON > O W M ►7 69 69 b9 69co ra] z O y to O 6 0 0 0 O O O O O O O O O C N 0 0 O w O O Q O O Ncz z C p 0 G b9 69 69 > u C —O O pOH N cz C co Ltr ami p+ O O -- O O O + O O O O O O O O O {zj 40r) c c 69 o z UQ o 0 0 x� y aj cz O O6 fR 69 69 U y N O ca 7 w 669 O O C> O cNC vOi `- O O O O �L ,O Q O O O '-' O Q. in O1 N O C 4r vii .0 ON 69 69 69 N.7 O O -- •Ld c - h U CO O O U 41 W :�. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Q 69 69 69 69 69 c•,D � w � � °� z H O d O p O o o poo 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0O O O O0 00 69 69 69 69 69 47. a) 69 69 69 ON N � •d � N � Q CN z Cd cz on V cc ""• CV cz CO Fes. C.' O •y Ri .r" N C.' .G N •y y y p pp am co 00 co a G CO C G C co wCZ Cz ° 0 o 'C > d 0 p w on an E r: E ea E -. E e, o o b w «s O cz p 0 cc p 0 w c. a d a o d - a o 8 ov� dU av� 3dU gv� 3dU 0 o a� i a' H _ 0 0 E' R. -- N O O O u Page C-8 V o0 00 0 Sao 00 00 o �, o`r'or- 0CD 0O X000 � v %p vi t .- ^" -- _ cn ' Q v 0 U to W) o 0 o m 0 r- r- voi ON o� o WO '�' 000 W) t O C -11 M 00 .-r DO tn N N N 00 M MC4 C14 Cal 69 04 p O U Q O y 01 I � O110 N M M �-+ .- M - M O �t > C ~ O O a s z o o C� .--i O O r- r- N N d N to %D vl M I- I- %D �O Q N C) 69 69 d C �r ON M O 110 O 00 C� C7 pa W) r- to M 00 ^' z 00 QCN 0 N O � f 6r9 U CN N p ^' U o o ^ w O It v1 O ON W) ON M Os as ON C ON ~ -- M N N ka VI M G ON 69 64 ti] � r-n v A N 0 M to to N M �O .co+ .--� 00 00 U c v � O O a w ~ CN 69 69 O O a o� p°p�� 00 ell 00 .NN-i N Mm 00 N N Q C CN 00 00 F 69 69 69 C, Q� Ca N Q o 03 [ o =1 A a U z 0 N x � •Nx •� w xa � cn � V� vy EE E � a a N0.10 o a ? E E � a s a � 3 0 0 0 U U a° H U N y Page C-9 ul ' v 0 0 0 0 X00 0 N i^G O _y �o O O e* 1- M h C7 O G Q ..' N O 000 N to 06 �r. V1 M — O y ,-•y fH 69 69 r, W 69 ` Q O U 0 0 X00 609 N y O eh N ". .r to C .•r N 000 in 00 r� 69 cn 69 0 O U U O O N O O N y �O O et n 6q C4 N N «. „y > C ^" N 00v10 M 00� c M 69 69 69 z �n o vNi bA 69 69 69 O co Q o 0 00 N C\ M a, O O O O W C O U N O 0A y bD 0D F RS U Q� o 00 00 00 W 8 03 ,., O E U E E M 0 0 0 0 C C 03 Q v69 6.9 69 69 2 u v2 v2 rn v 00 U U U v O` O O O O I! G� 7 000 069 64 � 6s �Oq N 00 �6G .--, �O �•••, .-, C� a 69 69 69 r- N y FY ~ h O Cc 8 � � N o GJ w — U U 0 C: O Q C U cd zF ~ V to a 41 G ai w o V ami U o U ,4 a uU :! U c 0L �' Q in N a V U2 V En H V I- o U " � w � Page C-10 Exhibit F EXHIBIT F Shapell Property TFX L;;rm Fw=�V= ':p F�'�.'Y 15 STLATM IN .AE S.'nTE CF CAL.= iLh. COC'�1T': Cr C3`rIRA C="..A, UNI.. T= ARSk AND TSS CES'-IMM AS FOL:D S: A PCR'.'--CN OF ::M AMA=R GRAMP OF 11-Z RAbQM SAN .^RFMLN, A ?CMI-04 CF 5272-"ICCI 12 , 'fir P 2 SCTTH, RIANGa 1 WEST AAID A R.3ZI'_CN OF .SON 6, TWZii,I 2 SOLIM, RANGE I EEASZ', FLING A -'=TZC N CF LDIS 35, 36 AND 67 AAID AL1. OF LL'I5 39, 40. 41. 42, 43. 44, 45, 46, 47, 48. 49, 50, 51. 52, 53, 54, AND 55, AS SriMN ON THE MAF L-4rr-r=. "MAP OF SJca=IV=M OF PLOT A CF THE DM=-=Y RANCR, AI.*=A ,aim CNTRA C=TA CA21r'T�. CAL zla:U,L , F= CN MAY 2, 1894, IN ME Of.-ZCti CF "-IM C Nry CF SAM cchmF A CCS'C'A C U I".' L*J 803( 8 OF MAPS, AT FACZ 45, DES=R= AS FOIL--IS: 3SG=NNZr, CN M-M ASTERN L 12,M OF 1.11M 7918.73 AC,E PAR=. C:' LARD SET APART TO C:i� M. ')OClamay SY TSAT CRTAI LIE=- IN PAEr-I`:'ZCN, FMC= FESRLMRY 25, 1891, BY 'n-m SJFrtLOR C21RT OF 'MM SATE OF CAL-,--MCA. IN AND Fit TKE CLtRC Y CF AL VA.Mh, IN MW =Ant AC=W HAD THF , EC4.AFM M. =G"23 1Y. FL%=C ' VS. ADA M. =ZMtl".', F: I VC-1 Ir Er CI17AW,, AS :��.S� + /cam� - CR "—KE 1MS� �t 3= 392 C)F�G -.r—;GAL �FMMM�.}AT FXZ '2.5; l-=I=- ✓�r IM SA= 71�►r litil Lr��Ti rK.V+`Ai � {1rRirifi 1►� ii�LI�i"r (� �i1 35) �Ri1iL1 63.281 VZT 297 =., AND SCUM. 7,8•08' EAST 3024.33 FEMIET M TME G'*rt�g LMC CT TF-v C=CY RGAD 1010M AS MAD AS SAID MAD IS ZN 'sem Z3ECn Frcm CHARLES A. Cry. = AL m C:;%IMAL C TA C=M-I. RE=FCM FEERLPM 6. 1936, IN BOGY{ 408 OF CFz-T=AL RECMM AT PAM 128: SA= C*t1•E3 L-Ifi BEIII !MM WESMOI LIM CF Sri UN= STATES CF AMMCA 3636.2127 ACM PARC, (1=04 CR 377): XOG SAID W M'MM IME BSG ALSO AI!'rG SA= CRII3 LIZ AS 'rO?ZCM: MM;MMLY At= TM ARC CSF ACJ�CJRV£7�:�e.tTHE LEFT, WLT�I.Yi A R�*AD�I�t*S C�F•1�0�+0w0 FEET AN ARC w� SOF 100 FLEET, M3W- CR LESS: aai M 5"17'40w WEST T TA[ O M LAS � �•44 FEET, AND rMMMrY MGIC MM ARC GF A CLWM Z'0 TEE RICA l+tt'M A FA=US CF 1500 Fi=. "00 TO LAM me1I' aqw c=r:,E, AN AFS DIS•N=- cr 2:.8.44 F=^ ZC 'IIS N3m§iw=m al"M (lF TNE SAID UNITcJ STATE'S OF AM= 3636.11.22 ACS MCM. TM= MVnG SA= WFSrEM LINE AMC TSE vOUSERN LII CF SAID 3636.1222 ALE PAFM. mw 3000 FLET M7m CR LESS TO MM FO2C OF BM3=N=. p�1/.�/j'Zf,�L�plrt/1�+=/'►T ♦ ==+=TOQC�'(:I��t RA�C:'�wT�J�Cl2.'�tI r BY nr--,n FS=M ���FMIPI l 6. 1936. . fl�.M •08, Viii+lr ALS RM=M , •ACM IM. FCR � AS A r►/�i., MMAR+.w 2. ME T,.N/I'�LT�/'"'�T�MWEYED M CMMRAA CL',"?M �'TA�C� NIT SY 1791 �}� � "Ir :` Ate► Z-- 1.944, B= 775, tilt F L=, AL �• 1� 3I V• i M ME--AS A rVL1iYrV/ NXGWfiL.~ 3. :HE PAF . CF LAM AS PRFI= CNE -TW ME LEz3? M EpUSr BAY M C=:PfAL V==4121 DISMIC,, 1 1 T t, t 16. 1968. 3= 5771. OF.-r=AL Fwows. PNM 288. 4. UM PARC= CF UM ZN '13-:E DEQ ZD AST 3AY MG4 =,AL U=LZZ"t MAY 11, 1978, BCI'It BUS, CFr Z= .ms's, PAGE 149. 5. II1I'm..atTT CANE ".O C3JiRA C .A CZS71Y by La --MiE V. 1985, MX L81, C.zr=AL RAS, FNZ 751. 6. ALL CF SZ= '`LGN 7MO, AS M-MN CN TIE !SAF FIZZ S=---.� 6. 1989,-IN tW ECGC MG, FAZZ 46, C:r?M CMM C=n—. RECUMS. 2 . Exhibit G EXHIBIT G Windemere Property ALTA Loan Polty- 14-6-901 SeAadury C SCHEDULE C The land referred to in this policy b de3crbed as(dims: REAL PROPERTY in an unincorporated area, County of Contra Costa, State of CaRomia, described as follows: REAL PROPERTY in an unincorporated arva,County of Contra Costa,State of Cattfomla.described as follows: PARCEL ONE: A parcel of land situated in'the Rancho San Ramon, Contra Costa County, Califam* being all of Lots 22, 23, 24 and 25 of the Map of the Estate of Efttabeth A. Dougherty as said Map is recorded in Book C of Maps at Page 63, lying within the following described boundary. Commencing at the 1 1/2' iron pipe with tag marked LS 4477 at the sauthwast comer of said Lot 24 as shown on the Record of Survey recorded In Book 68 of Land Survey Maps al Page 20, Official Records of Contra Costa County, thence North 22' OT 54' East along the westerly ifine of Lot 24 as shown on said Record of Survey. 236.36 feet lo the point of beginning; thence along the wQsterfy and northerly blunt of Lot 24 as shown on said Record of Survay the following courses and dswxms: North 22. OT 54' East 588.48 feet: North 28. 07' 54' East M.08 feet; North 53. 06' 17' East 330.63 feel: North 46' 36' ST East 594::88 feet: North 20' 52'530 East 481:85 feet; South 88. 52' S9' East 3490.31 feet; Thence leaving said northerly bne of Lot 24 and along the following courses and distances: South 19. 38' 15' West 1896.78 feet; South 06' 41'36* East 809.15 feet North 72. 40' 16' West 2217.98 feet; North 88. 44' 58' West 2106.57 We% To the point of beginning. A.P.No.: Z08-d50-006 PARCEL TWO: A parcel of land situated in the Rancho San Ramon, Contra Costa County. California, being al of Lots 21, 22. 23, 24, 25 and 26 of the Map of the Estate of Dizabeth A.Dougherty as said Map is rocorded In Book C of Maps at Pape 63, Eying within the following described bv<mdafy. Commencing at the 1 1/2' iron.pipe with tag marked LS 4.477 al the southwest conwr of said Lot 25 as Shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records First Ameiriean 71-ae 1 Commencing at the 2' Iron pipe with tag marked LS 3400 at the southeast comer of that parcel d land shown on the Record of Survey recorded In Sook 68 01 Land Survey Maps at Page 20, Official Records of Contra Costa Couruf; thence North 12' 00'350 East along the easterty One of said Parcel, 1136.95 feet to a 2' iron pipe; thence ;continuing along the easterly line of said Parcel the following courses end distances: North 04' 11' 520 West 1156.35 feet; North 01. 48' 08' East 404.58 feet; North 01' 52' 240 East 146.47 feet; To the point of beginning; thence continuing along said easterly One the following courses and distances: North 01. 52' 24' East 999.43 fast; North 41. 25' 000 East 555.81 feet; North 24. 50' 12' East 14i2.60 feel; North 47' 32' 09' West 593.54 feet; Thence leaving said easterly line and along the following courses and d,stances: South 86' 20' 31'West 1747.64 feet; South 14' 00' 31' West 2636.87 feet; South 76' 4T see East 1876.12 feet To the point of beginning. A.P.No.: 206-090-009 PARCEL TWELVE.- A parcel of land situated in the Rancho San Ramon, Contin Costa County, Cafrfomla, being all of Lots 19, 20, 21 and 28 of the Map of the Estate of EWmbeth A. Dougherty as Said Map is recorded in Book C of Maps at Page 63, lying within the following described boundary. Commencing at the 1 112' iron pipe with tag marked LS 4477 at the noitheW comet of Bald Lot 21 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Reoords of Contra Costa County; thence along the easterty Era of said Lot 21 as shown on said Record of Survey the following courses and distamoes: South 48' 43' 31' East 330.00 feet; Mouth 02' 37-48' West 438.24 Ign South 38' 29' 47' West 8013.50 teat; To a 1 112' iron pipe with tag marked LS 4477 and the point of beginning: thence continuing along said easterty tine the following courses and ftMrces: South 12. 23' 49'West 151.33 feat; South 01. 32'04' West 94.62 feet; South 06' 29'4r West 653.74 feel South 00. 03' 04' West 1705.65 feet To a 1 112' iron pipe with tap marked LS 4477; thence leaving said easterly line and along the following courses and distances: Fuss American Title 2 v To the easterly fine of said Parcel; thence along said easterly Gne the following courses and distances: South 01' 52' 24' West 148.47 feet; South 01. 48' 08' West 404.58 feet; South 04. 11'52' East 1156.35 feet; South 12' 00'35' West 1136.95 feet To the point of beginning. A.P.No.: 206-090-008 PARCEL TEN; A parcel of land situated in V*Rancho San Ramon, Contra Costa County, California, being a8 of sots 18, 19, 20, 21, 27, 28, 29, 30 and 38 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C of Maps at Page 63, Wg within the following desoibed bounday.. Commencing at the 1 1/2' trot pipe watt tag marked LS 4477 at the notheastesty corner of said Lot 21 as shown on the Record of Survey recorded to Book W of Land Survey Maps at Page 20, OlfieW Records of Contra Costa County,thence North 18' 41'02' East along the eWerty fine of Lot 22 of said Map of the Estate of Elizabeth A. Dougherty as shown an said Record of SurvQy, 219.30 feed; Vwnc4 ka*g said easterly lime and along the following courses and distances: North 87' S4' 08' West 2647.98 feet; South 24. 13' 46' West 3050.74 feet; To the point of beginning; thence along the following courses and distanoes:' South 81' D4' S6' East 1 D56.76 feet; South 37' 27- 21' East 1271.07 feet: South 14. 00' 31* West 2636.87 feet; North 76' 4T 58' West 1495.21 feet; North 00. 68'S0' East 1753.26 feet; North 10° 27' 08' East 2017.48 Beet To the point of beginning. aP.No.: 206-090-010 PARCEL ELEVEN: A parcel of land situated in'the Rancho San Ramon. Contra Costa County, California being a;8 of Lott 18, 19, 20, 26 and 29 of the Map of the Estate of Elizabeth A. Dough" as said Map is recorded in Book C of Maas at Page 63, tying within the foQowing descn'bed boundary. First Americm r,d 3 To said westerly line of LDt 30; thence along said westerly line the following courses and distances: North 36. 59' 49' West 481.74 feet; North 64. 32' 380 West 612.93 feet; North 37' 00' 49' West 758.45 feet To the point of beginning. A.P.No.. 208-090-Oo6 PARCEL EIGHT. A parol of land situated in the Rancho San Ramon, Contra Costa County, California, being ali of UU 18, 18, 28. 29 and 30 of the Map of the Estate of Elizabeth A. Dougherty as said Map.is recorded in Book C of Maps at Page 83, lying within the following described boundary. Commencing at the hub a�d tack at the southerly comer of that parcel of land shown on the Record of Survey recorded In Book 68 of Land Survey Maps at Page 20, Oficial Records.of Contra Costa County, thence North 4r 38'4S'West along the southerly boundary therebof, 1166.71 feet to the point of beghning; thence leaving said southerfy fie and along the following courses and dstances: North 14. 00' 31* East 2881.61 feet; North 76' 4T 58' West 148521 feet; South Zr 02' 31' West 1874.24 feet . To a Ir by 6' concrete monument with nail at an angle point in said sourthedy Ine; thence South 47. 38' 45' East along said southerly fine. 2178.99 feet to the point of beginning. A.P.No.: 206-090-007 PARCEL NINE. A parcel of land situated in-t o Rancho San Ramon, Contra Costa County, California, being an of LaU 17, 18, 19, 28 and 29 of the Map of the Estate of Dizabeth A. Dougherty as said Map Is recorded In Book C Of Maps at Page 63, tying v lthin the foitowing described boundary: Begfnning at the 2'iron pipe with tag marked LS 3400 al the southeast Comer of that parcel of land shown on the Record of Survey recorded In Sock 68 of Land Survey Maps at Page 20, Oficial Records of Contra Costa County, thence North 76'27,22* West along the southerly Ane thereof, 526.21 feet b 41 1/2'Iron Pipe with tag ma*ed LS 4477; thence continuing along said,southerly lune the following courses and distances: South 62' 17'26' West 886.61 Beet; South 76. 21' 49'West 20239 feet: North 47' 38' 450 West 1165.71 feet; Thence leaving sand southerly Ane and along the following courses and distances: North 14. 00' 31' East 2881.61 feet: South 76' 4r 58' East 1876.12 bet Fust American 2-111e 4 To the point of beginning. A.P.No.: 206-090-004 PARCEL SIX. A parcel of land situated in the Rancho San Ramon, Contra Costa County, Catifomia, being all of Lots 27, 30. 37 and 38 of the Map of the Estate of Elizabeth A. Dougherty as acid Map is recorded in Book C of Maps at Page a3, lying within the following described boundary: Beginning at the 1 112' iron pipe with tag marked LS 4477 at the northwest comer of said Lot 37 as shown on the R92ord of Survey recorded in Book 68 of Land Survey Maps ad Page 20,Office! Records of Contra Costa County; thence North 00' 15' 20' West along the westerly tine of Lot 27 as shown on safd Record of Survey, 396.17 teat: thence leaving said westerly line and along the following courses and distances: South 79' 30'52' East 1389.27 feet; South 35' 27" 02' Last 1606.89 feet; South 55' 56' 11' West 3036.06 feet; To the westerly line of said Lot 37 as shown on said Record of Survey, fhance along said westerty rine the following courses and distances: North 35' 30' 46' West 1744.38 feet; North 42' 26' 53' East 264.40 feet; North 86' 52' 12' East 562.01 feet; North 21' 58'30* East 1316.13 feet To the point of beginning. A.P.No.: 2064090-DOS PARCEL SEVEN: A parcel of land situated In the Rancho San Ramon, Contra Costa County, Califomia, being all of lots 28, 29, 30. 37 and 38 of the Map of the Estate of Elizabeth A. Dougherty as said Map ism= ad in Book C Of Maps m Page 63, lying within the following described boundary: Beginning at the 1 112' iron pipe at the westerly corner of said Lot 30 as shown on the Reaxd of Survey recorded in Book 68 of Land Survey Maps at Page 20, Otfiaal Records of Contra Costa County; thence North 35' 30'46'West along the westerly km of said Lot 30 as shown an said Reoord of Survey, 366.18 feet; thence leaving said westerly tine and along the following courses and distances: North 55' 56' 11' East 3036.06 feet North 85' 3T 28' East 1900.54 feet: South 00'58' 60' West 175326 feet; South 2T 02'310 West 1874.24 feet; North 89. 17'29' West 201555 feet Putt American Title 5 of Contra Costa County; thence North 38' 3732' East along the westerly Ire of Lot 25 as shown an said Record of Survey, 535.10 feet to the point of beginning: thence continuing along said westerly fine the following courses and distances: North 14. 52'42' East 708.65 feet; North 31. 52' 49' East 37242 feet North 22' Or 54' East 236`36 feet Thence leaving said westetly line and along the following courses and distances: South 88' 44'58' East 210657 feet; South 72. 40' 16' East 2217.68 feet South 06' 41'36' East 708.77 feet South 24. 13'46* West 884.33 feet North 76. 38' 14' Wast 3651.87 feet: North 79' Sr 30' West 871.37 feet To the point of beginning. A.P.No.: Z)6-050-007 PARCEL THREE: A parcel of land situated in the Rancho San Ramon, Contra Costa County, Calrforn4k being @X of Lots 21, 22, 25. 26 and 27 of the Map of the Estate of Elizabeth A Dougherty as said Map Is recorded in Book C of Maps at Page 63 lying within the following described boundary: Commencing at the 1 1120 iron pipe at the southwest comer of said Lot 26 as shown an the Record of Survey recorded in Boo* 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence North 16' 43'490 East along the westerty kv of Lot 26 as shown on said Record of Survey, 27822 feet to the point of beginning; thence continuing along said westerly fine of Lot 26 and the westerty fine of said Lot 25 as shown on said Record of Survey the following courses and distances: North 16' 43' 490 East 286.61 feet; North 46' 11'32' East 317.30 feet North 35' OT 42' East 810.38 feet North 38' 3T 32' East 535.10 feet Thence leaving the westerty line of Lot 25 and along the following courses and distances: South 79' Sr 30' East 671.37 feet South 76. 38' 140 East 3651.87 feet South 249 13' 46' West 1256.89 feet; North 83' 32' 15' West 5039.04 het; To the point of beginning. A.P.No.: 206-050-008 Fust Amt can Tule 6 PARCEL FOUR: A parcel of land situated in'the Rano San Ramon, Contra Costa County, California, bang all of Lots 21, 26, 27.28. 37 and 38 of the Map of the Estate of Elizabeth A Dougherty as said Map is recorded in Book C of Maps at Page 83 lying within V* following described boundary. Commencing at the 1 1/29•iron pipe with tag marked LS 4477 at the southwest comer of said Lot 27 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County. thence North 00. 15'2V West along the westerty line of Lot 27 as shorn on said Record of Survey. 396.17 feet to the point of beginning;thence continuing along said westerty dine of Lot 27 and along the westerly tine of said Lot 26 as shown on said Record of Survey, the following courses and distances: North 15' 13' 546 East 429.38 feet; North 18. 45' 20" West 461.93 feet; North 31. 12' SO' East 594.77 feet; North 26' 30'28- West 659.73 feet; North 13' 28'59' East 328.98 feet; North 33' 12' 410 East 280.88 feet: North 16. 43' 49" East 27922 feet; Thence leaving the vmsterty kne of Lot 26 and along the following courses and distances: 0 South 83' 32' 15' West 5039.04 feet; South 24. 13' 46@ West 1793.85 feet; South 86' 40' 3r West 1853.13 teat; South 61' 63'31'West 151124 feet; North 79. 30' 520 West 1389.27 feet; To the point of beginning. A.P.No.: 206-050-M PARCEL FIVE: A parcel of land situated in:ttw Rancho San Ramon, Contra Costa County, Califomla, being d of Lots 21. V. 28, 30, 37 and 38 of the Map of the Estate of Elizabeth A Dougherty as said Map is recalled in Book C of Maps at Page 63, lying within the following described boundary* Commencing at the 1 1/2'`iron pipe with tag marked LS 4477 at the scWhwest comer of said Lot 27 as shown on the Record of Sinvey recorded in Book 68 d Land Survey Maps at.Page 20, Oficial Records of Contra Costa County, thence North 0o' 15'290 West along the westerty ire d Lot 27 as shown on said Record of Survey. 396.17:feet; thence South 79, 30' S2' East, 1389.27 feet m the point of begkvdng; thence along the following courses and distances: North 61' S3'310 East 151124 feet: North 86' 40'37' East ISM-13 feet South l o' 2T 08'West 2017.48 feet; South 85' 3T 28'Wtst 19M.54 feet; North 35' 27 02'West 16D6.89 flet FvV Ameri= ?Elle 7 South 86' 20' 31' West 1747.64 feet; North 37. 2721" West 1271.07 beet; North 49. 28' 42' East 2778.88 feet South 78' 28' 346 East 525.18 feet To the point of beginning. A.P.No.: 206-og0-011 PARCEL THIRTEEN: A parcel.of land situated in the Rancho San Ramon, Contra Costa County, Cardomia, being all of Lots 20, 21, 22. 25. 26, 27, 28 and 38 of the Map of the Fitate of Elizabeth A. Dougherty as said Map Is feoorded In Book C of Maps al Page 63, lying within the following described boundary. Beginning at the 1 112'Ion pipe with tag marked LS 4477 at fie northeast comer of said Lot 21 as shown - on the Record of Survey recorded in Sex*68 of Land Survey Maps at Page 20, Official Records d Contra Costa County, thence along the easterty line of said Lot 21 as shown a1 said Record of Survey the following courses and distances: South 48. 43'31" East 330.00 feet: South 02' 37' 48' West 43824 feet South 38' 29' 4r West 80850 feet; To a 1 112' iron pipe with tag marked LS 4477; thence leaving said easterly line and along the folowing courses and distances: North 78' 28'34' West 525.18 feat South 49` 29' 42' West 2778.99 feet; North 61. 04'SW West 1056.78 feet: North 24. 13' 46 East 3050.74 feet; South Sr 54' 08* East 2647.98 feet To the easterly time of said Lot 22 as shown on said Record of Survey thence South 18' 41' 02' West along said easterly line, 219.30 feet to the point of beginning. A.P.NO.: 206-05a-010 PARCEL FOURTEEN: A parcel of land situated In the Rancho San Ramon, Contra Costa County, CaiiforNa, Doing all of Lots 22, 23. 24, 25. and 26 of the Map of the Estate d Elizabeth A. Dough" as said Map is recorded in Book C of Maps at Page 83. tying within the following desaibed bou xW.. Commencing at the 1 112' iron pipe with tag marked LS 4477 at the northeast tamer of said Lot 23 as Shown on the Record of Survey recorded in gook 68 of Land Survey Maps at Page 20, OrFidal RecorQs Of Contrsi Cotta County, thence along trio easterty tine of said Lot 23 as shown on said Recce d Survey the following courses and diataneea: South 05. 4738' west 1186.66 tet SOLfth 25' 36' 43' East 971.76 feet Fust Awrkan Title 8 To a 1 1/2' iron pipe with-tag marked LS 4477 and the point of beginning; thence cordnuing along said easterly Gne of said Lot 23 and along the easterly line of said Lot 22 as shown on said Record of Survey the following courses and dstances: South 02. 53' 420 West 874.71 feet; South 4s' 43' 40' West 5011.29 feet; South 54' 42' 12' West 228.41 feet; South 18' 41' 02' West 757.50 Beet; Thence leaving said easterly fine of said Lot 22 and along the following courses and distances: North Sr 54' 08' West 2647.98 feet~ Nonh 24' 13' 48' East 884.33 feet; North 06' 41' 36' West 708.77 feet North 76' 12' 020 East 2778.69 feet South 83' 1S' 06' East 481.83 feet To the point of beginning. A.P.No.: 206-050-011 PARCEL FIFTEEN: A parcel of land situated in the Rancho San Ramon, Contra Costa County, Cesfoma, being all of Lots 22, 23, 24, and 25 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C of Naps at Page 63, lying within the following described boundary. Beginning at the 1 1/2' Iron pipe with tag marked LS 4477 at the northeast comer of said Lot 23 as shorn on the Record of Survey t+ecorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence along the easterly Gne thereof the following courses and dstanoes: South 05' 47' 38' West 1186.86 feet; South 25' 36' 43' East 671.76 feel: To At 1 1/2' iron pipe with tag marked LS 4477; thence waving said easterly Cmc and along the following courses and distances: .North 83' 15' 068 West 481.83 feet South 79' 12' 02' West 2M.99 19K North 06' 41' 36' West 809.15 feet North 19' 38' 15' East 1896.78 feet; FirV American Title . 9 To the northerly line of said Lot 24 as shown on said Record of Survey. thence South 88' 52' S9' East along said northetty One, 104.88 feet to a 1 1/2'iron pipe with tag marked LS 4477 at the northwest comer of said Lot 23 as shown on said Record of Survey; !hence South 88. 18'38" East along the northerly fine of said Lot 23, 2261.97 feet to the point of beginning. A.P.No.: 206-050-012 EXCEPTING FROM PARCELS ONE THROUGH FIFTEEN: The rights reserved in the Deed from Emil Gumpert,at at to Eckel, N.V..a Netherlands Ardilli s corporation, recorded March 28, 1980, as Instrument No. 80-39830, as follows: 'But only as to the area tying more than 11ve hundred (500) feel below the land surface of ft real property, an undivided one-hart (1/2) interest in and to all rights to, and one-haft (1/2) of all off, gas, minerals, petrochemicals and other hydrocarbon substances in,under or produced and saved from,the rear property. PARCEL SIXTEEN: That portion of Parcel 'A' of MS 79-74 reworded in Book 36 of Pausal Maps, at Page 29, Contra Costa County Records and more particularly described as follows: Beginning al 1he northeast corner of said Parcel 'A'; theme along the northerly, westerly and southerly boundaries of said Parcel the following bearings and distances: North 87. 22'54' West 3135.17 feel; South 04' 14' 210 East 496.26 fast; South 12' 00'490 West 1136.78 feet; South 76' 27* 34' East 762.55 feet; North 00. 43' 18' West 195.01 feet North Oil 19' 24* West 436.67 feet; North 28' 08' 11' East 387.32 feet South 54. 55' 43' East 254.19 feet; South 82' IV 49' East 254.42 feet; North 74. 04' 28' East 335.45 feet; South 76. 21' S0' East 269.73 feet South 65' 13' 05' East 249.92 feet: South 46. 08' 330 East 157.52 feet; South 74' 21'24* East 287M teat; South 05' 41'40' East 252.35 feet; South 50' 46' 28'West 302.50 feet Thence continuing along the westerly boundary of said Parcel•A' South IC 4.9'13'East 68.14 feet to the westerly end of the revised lot One dividing said Partial •A' and Parcel •8. of MS 230-71 as recorded in that certain Parcel Map recorded In Book 23 of Parcel Maps at Page e, Records of Contra Costa County, California; thence North 86.48'55'East along said revised!Ot Fine,839.51 fest to the northwesterly comer of said Parcel 08' as shown On said MS 230-71; thence along the rrorewrly, fine of nald Parcel`B. North ti0. 30' 28' East. 223.20 feet to the easterly Irene of sand Parfet 'A'; thence along the easterly (erre of said Parcel 'A' the following bearings and dstanees: Fires Amer=n rak 10 4 North 14' 41' 00' West 255.80 feet; North 05' 24' 00' West 300.35 feet; North 03' 04' 00' West 30121 feet; North 01' 11' 18'West 50254 feet; Thence continuing along said easterly One Noah 04. 18'29* East, 179.38 feet to the point d beginning. A.P.No.: 206-110-009 PARCEL SEVENTEEN: Portion of the Rancho San Ramon, Amador Grant, being Lot 8, as said Lot is shown on the Map ertftied, Map of the Property of the Estate of Eii'zabeth A. Dougherty, deceased, tied in the Office of the Recorder of Contra Costa County, State of California, May 4, 1891, to Map Book 'C' at Page 63, described as follows: Beginning at a poirn on the boundary tine of the Rancho San Ramon 8t the comer cammon to Lots 7 and 8, as said Lots are shown on the Map hereinabove referred to, thence along the One drviding said Lots 7 and 8, North 85. 30' West 2250.60 feet; thence North 70' West 924 feet; thence North 55' 15' West 1358.26 feet to the northwest comer of said Lot 8;thence along said Lot lane South 10 West 1551 feet; thence South V East 660 feet to the southwest comer d said Lot 8; thence Wong tlw One dvidng Lois 8 and 9 as shown on the Map hereinabove referred to, South 88' East 4184.40 feet to the boundary bne of said Rancho; thence along said boundary One North 0' 30' East 1094.28 feet to the point of begi v*ig. EXCEPTING FROM PARCEL SEVENTEEN: A portion of Parcel Map MS 207-78, filed July 14, 1980, in Book 87 of Parcel Maps, at Page 38,-more particularly described as follows: Beginning at a point on the boundary line of the Rancho San Ramon at the comer common to tats 7 and S. as said Lots are shown on the Map hereinabove referred to: thence along the line dividing said Lots 7 and 8, North 64.33'2S'West. 948.05 feet(87 Parcel Maps, Page 38; North W 30'00'West 848.05 feet) to the centerline of Camino Tassajara as shown on Parcel Map M.S. 207-78 fried July 14, 1880 in Book 87 of Parcel Max, Page 38, Contra Costa County Records; thence along the last mentioned ine South 4' 18'281 West 1124.69 feet (87 Parcel Maps 38; South 3' 21152'West 1135.58 feet)to the southern tine of said Lot 8: thence along the last mentioned One South 87. 22' 40' East 1006.42 feet (87 Parcel Maps 38: South 88. 00' 0(r East'1002.83 feet) to the eastern One of said Lot 8;thence along ttw last mentioned One North 1. 13' 00' East 1077.87 feet (8T Parcel Maps 38; North W 30' 00' East 109428 feet) to the point of beginning. A.P.No.: 208-110-007 First American Twe 11 TO: B0,I1RD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 14, 1997 SUBJECT: AUTHORIZE A SPECIAL TAX ELECTION' AND PUBLIC HEARING TO CONSIDER A BENEFIT ASSESSMENT FOR COUNTY SERVICE AREA M-29, DOUGHERTY VALLEY- SAN RAMON AREA. PROJECT NO. 6X 5067 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT Resolution No. 97/ 558 ordering notice and a pubic hearing on a proposed resolution regarding adoption of a special tax for County Service Area M-29 (Dougherty Valley). 2. ADOPT Resolution No. 97/552 accepting the tentative report and setting a public hearing to consider assessing a benefit assessment for County Service Area M-29 (Dougherty Valley), and fixing the public hearing for December 9, 1997 at 2:00 p.m. in Room 107 of the Board of Supervisors Chambers, 651 Pine Street, Martinez, California 94553. 3. ADOPT the order directing the County Clerk (Elections Division) to conduct the election required by Resolution 97/ 552 and distribute the tax benefit assessment ballot. 4. APPROVE the ballot propositions. Continued on Attachment:X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE .APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONOcto er 14, 1997ApPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:cs g:\engsvc\spdist\BO\October\M-29 I hereby certify that this Is a true and correct copy of Orig.Div: Public Works(Special Districts) an action taken and entered on the minutes of the Contact: Skip Epperly(313-2253) Board of Su the rsrs the date shPyGytjl tt: Auditor-Controller ATTESTED:AI!_ .-''�I.`r• t I.� Assessor PHIL BATCHELOR,Cler oche Board Community Development of Isu pe vi s and Coun inistrator County Administrator County Counsel County Clerk-Elections Division By ,Deputy P.W.Accounting D.Curtin,McCutchen,Doyle,Brown,Enerson City of San Ramon SUBJECT: AUTHORIZE A SPECIAL TAX ELECTION AND PUBLIC HEARING TO CONSIDER A BENEFIT ASSESSMENT FOR COUNTY SERVICE AREA M-29, DOUGHERTY VALLEY- SAN RAMON AREA. DATE: OCTOBER 14, 1997 PAGE -2- II. Financial Impact: The special tax and proposed benefit assessment will be used to fund extended services for County Service Area M-29 ("CSA M-29") with no fiscal impact to the County General Fund. M. Reasons for Recommendations and Background: On May 21, 1996 the Board adopted Resolution No. 96/238 forming CSA M-29 (Dougherty Valley), San Ramon Area (CSA M-29). Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported by a benefit assessment or by special taxes authorized pursuant to Government Code Sections 25210.6a, 23027 and/or 50075 et seq. The purpose of the County Service Area is to provide extended public facilities and services in County Service Area M-29. The services to be provided by CSA M-29 include the following types of extended services: extended police services and construction operation and maintenance of parks, trails, recreation areas, open space, special landscaped areas, library, community center, senior center, corporation yard, flood control and storm drainage facilities, and internal road network (including bicycle paths and park and ride lots); and other extended County facilities and services as prescribed in Government Code Sections 25210.4 et seq. These services in particular are set forth in the plan for Providing Services for this service area, on file with the Local Agency Formation Commission of Contra Costa County. As territory of CSA M-29 is annexed into the City of San Ramon, LAFCO is to waive the application of Government Code Section 25210.9 so that the property being annexed can stay within the County Service Area pursuant to Government Code Section 56375(p). The regular County assessment roll will be used for the collection of such fees and assessments in the affected territory and for collection of any taxes that may be approved. IV. Conseauences of Negative Action: The benefit assessment will not be levied and the project may not be able to proceed. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution onT October 14 , 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT:None ABSTAI N Jgone RESOLUTION NO. 97/558 SUBJECT: RESOLUTION ORDERING NOTICE AND A PUBLIC HEARING ON PROPOSED RESOLUTION REGARDING ADOPTION OF A SPECIAL TAX FOR COUNTY SERVICE AREA M-29(DOUGHERTY VALLEY), SAN RAMON AREA. The Board of Supervisors of Contra Costa County RESOLVES THAT: 1. On May 21, 1996 the Board adopted Resolution No. 96/238 forming County Service Area M-29 (Dougherty Valley), San Ramon Area("CSA M-29"). 2. The property within CSA M-29 will receive the following types of extended services (the"Extended Services"): extended police services and construction, operation and maintenance of parks, trails, recreation areas,open space, special landscape areas, library, community center, senior center, corporation yard, flood control and storm drain facilities, and internal road network(including bicycle paths and park and ride lots), and other extended County facilities and services as prescribed in Government Code sections 25210.4 et seq. These services in particular are set forth in the Plan for Providing Services for this service area, on file with the Local Agency Formation Commission of Contra Costa County(LAFCO). 3. Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported by a special tax authorized pursuant to Government Code sections 25210.6a,23027 and/or 50075 et seq. 4. Government Code section 50077 provides that,following notice and public hearing, a county may propose by resolution,the adoption of a special tax. 'Now,therefore,the Board of Supervisors ORDERS AND RESOLVES THAT: 1. The Board will conduct a public hearing(the"Hearing")pursuant to Government Code section 50077 on the Proposed Resolution Regarding Adoption of a Special Tax for CSA M-29. The Hearing will be conducted on Tuesday,December 2, 1997 at 2:00 p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street,Martinez, California 94553. 2. The Board directs the Clerk of the Board to give notice of the Hearing pursuant to Government Code section 6061. ss:es I hereby certify that this is a true and correct copy of g�EngsveVSpDist�Bo�Dvauey�TaxRes.wpd an action taken and entered on the minutes of the Orig.Dept.: Public Works Department(Special Districts) Board of Sup . o on he date hown. contact. ��ZAdmir3tilsh}2.253 ATTESTED: �L{ Iq9 isel PHIL BATC LOR, Clerk of th Board Auditocountr-Controller o pervisor d County i istrator Auditar•Controller County Assessor Community Development 0 Chriii.�stiiannThsebbnndmShappellIndustries � By Deputy Susan Collins,Windemere Ranch Partners RESOLUTION NO. 97/ 558 THE BOARD OF SUPERVISORS .CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14 , 1997, by the following vote: AYES: Supervisor Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None RESOLUTION NO. 97 /552 SUBJECT: RESOLUTION ACCEPTING THE TENTATIVE REPORT, AND SETTING A PUBLIC HEARING TO CONSIDER ADOPTING A BENEFIT ASSESSMENT FOR COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA. The Board of Supervisors of Contra Costa FINDS THAT: 1. On May 21, 1996 the Board adopted Resolution No. 96/238 forming County Service Area M-29 (Dougherty Valley), San Ramon Area("CSA M-29"). 2. The property within CSA M-29 will receive a special benefit over and above that received by the general public in the form of the following types of extended services (the "Extended Services"): extended police services and construction,operation and maintenance of parks,trails, recreation areas, open space, special landscape areas, library, community center, senior center, corporation yard, flood control and storm drain facilities, internal road network(including bicycle paths and park and ride lots),and other extended County facilities and services as prescribed in Government Code sections 25210.4 et seq. These services, in particular, are set forth in the Plan for Providing Services for this service area, which was considered with the formation of CSA M-29 and is on file with the Local Agency Formation Commission of Contra Costa County ("LAFCO"). i 3. Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported by benefit assessments. 4. A copy of the "Engineer's Report for the Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment" (the "Engineer's Report"), prepared pursuant to Article XIII D of the California Constitution, is attached as Exhibit A. The Engineer's Report has been filed with the Clerk of the Board of Supervisors. The Engineer's Report includes: (a) a description of the planned development in CSA M-29; (b) a description of the special benefits that will be conferred by the Extended Services separated from general benefits conferred on property located in the County at large; (c) a description of the specially benefited property (the property that will receive Extended Services); (d)the estimated total benefit assessment chargeable to the entire service area; (e)the benefit assessment for each parcel; (f)the methodology for calculating the assessment per parcel; (g)a statement/legal analysis explaining why the federally-owned Camp Parks will not be subject to the benefit assessment; and (h) an explanation that the Engineer's Report satisfies all the requirements of a tentative report under Article 1012-2.6 of the Contra Costa County Code and, therefore, constitutes the "Tentative Report for the Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment Service Charge Fiscal Year 1997-1998" (the "Tentative Report"). 5. Based on its review of the Engineer's Report: A. The Extended Services provided by the proposed benefit assessment will directly benefit the assessed parcels by increasing their value and habitability. B. The cost of the proposed benefit assessment on each parcel to be assessed is proportional to the special benefits that the Extended Services will confer on such parcel. C. The proposed benefit assessment is not applicable to the parcels in Camp Parks because the Engineer's Report provides clear and convincing evidence that the parcels that comprise Camp Parks will receive no special benefit from the Extended Service. Now, therefore,the Board of Supervisors ORDERS AND RESOLVES THAT: 1. The Board accepts the Tentative Report. 2. The Board will conduct a public hearing(the "Hearing") on Tuesday December 9 , 1996 at_2:00 p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 3. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra Costa County (the "Public Works Director") with a copy of this Resolution. 4. No later than October 17, 1997, the Public Works Director shall mail the written notice of the Hearing(the "Notice") attached as Exhibit B to the record owners of the parcels identified in Section 4 of the Tentative Report. A ballot(the "Assessment Ballot") in the form of the ballot attached as Exhibit C and a copy of the Engineer's Report shall be attached to the Notice. 5. The Board directs the Clerk of the Board to give written notice of the Hearing pursuant to Government Code section 6066. 6. At the Hearing, the Board shall consider any objections or protests to the proposed benefit assessment. The Board will then tabulate the Assessment Ballots received from the record owners of parcels identified in Section 4 of the Engineer's Report. The Board shall not impose the 2 benefit assessment if there is a majority protest under Article XIII D of the California Constitution. If there is no majority protest, the Board will then adopt a resolution which confirms the Engineer's . Report as the Tentative Report; assesses the benefit assessment in the Tentative Report; finds that the Director of the Contra Costa County Public Works Department, acting as the Designated Director, has concluded that the Tentative Report conforms to the official assessment roll for the year in which the benefit assessment will be collected and,therefore, constitutes the "Final Report for the CSA M-29 Benefit Assessment" (the "Final Report"); confirms the Final Report; and levies the benefit assessment for the fiscal year referred to in the Final Report. Orig.Dept.: Public Works Department(Special Districts) cc: Skip Epperly(510)313-2253 County Administrator County Counsel I hereby certify that this Is a true and correctcopyof Auditor-Controller an action taken and en ered on the minutes of the Board of SuPMisthe date shown. County Assessor ATTESTED: Community Development Dept. PHIL B C OR, Clerk oft a Board Christian Truebridge,Shapell Industries erviso s a County istrator Susan Collins,Windemere Ranch Partners I By .Deputy CA962040.049 3 I r AXI-} lQ �i � ENGINEER'S REPORT FOR THE CONTRA COSTA COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA BENEFIT ASSESSMENT The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors. Dated: By: J. Michael Walford, P.E. Director of Public Works RCE No. 16670 I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the day of , 1997. Jeanne Maglio, Clerk of the Board of Supervisors Contra Costa County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the Board of Supervisors of contra Costa County, California on the day of , 1997. Jeanne Maglio, Clerk of the Board of Supervisors Contra Costa County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment Roll and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Contra Costa, on the day of , 1997. Jeanne Maglio, Clerk of the Board of Supervisors Contra Costa County, California By: g:\engsvc\spdist\october\engiptcvr ENGINEER'S REPORT FOR THE CONTRA COSTA COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA BENEFIT ASSESSMENT October 9, 1997 Section 1. Introduction and Overview. .............................................................................................1 Section 2. Background and Project Plans. ........................................................................................1 Section 3. General Benefits and Special Benefits.............................................................................2 Section 4. Specially Benefited Parcels..............................................................................................2 Section5. Total Assessment. ............................................................:...............................................3 Section 6. Assessment Per Parcel......................................................................................................4 Section 7. Methodology for Calculating the Assessment Per Parcel................................................6 Section 8. Statement/Legal Analysis Regarding Camp Parks. .........................................................7 Section 9. Tentative Report under Contra Costa County Code Article 1012-2.6.............................7 i ENGINEER'S REPORT Section 1. Introduction and Overview. This Engineer's Report(the "Engineer's Report") provides the justification for the proposed benefit assessment ( generally the "Assessment") for County Service Area M-29 (Dougherty Valley) ("CSA M-29'x. The Engineer's Report was prepared.by a registered professional engineer certified by the State of California. The Engineer's Report complies with the requirements of the California Constitution Article XIII D ("Proposition 218"); Government Code section 25210.77a;.and Contra Costa County Code Article 1012-2.6. Section 2 describes the development approved for CSA M-29 and identifies the plans for providing various services and infrastructure to this area (the "Extended Services"). Section 3 identifies the special benefits as distinct from general benefits that will be conferred on parcels subject to the Assessment. Section 4 identifies the property that will be specially benefited. Section 5 identifies the Total Assessment (defined in Section 5). Section 6 identifies the Assessment Per Parcel (defined in Section 6). Section 7 describes the methodology used in calculating the Assessment Per Parcel. Section 8 provides an explanation of why the federally owned Camp Parks area is not subject to the assessment. Finally, Section 9 demonstrates that this Engineer's Report satisfies all of the requirements for a Tentative Report under Article 1012-2.6 of the Contra Costa County Code and, therefore, also constitutes the "Tentative Report for the County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment) Service Charge Fiscal Year 1997-1998" (the "Tentative Report'. Section 2. Background and Project Plans. The Dougherty Valley is located in the unincorporated area of Southern Contra Costa County (the "County'. In 1992, the Board of Supervisors approved development of 11,000 dwelling units and up to 680,000 square feet of retail and commercial space (the "Project") in an approximately 5,080-acre portion of Dougherty Valley (the "Project Site"). As part of the overall plan for operating and maintaining infrastructure, a County Service Area was subsequently identified as the appropriate vehicle for funding operational services and for .providing ongoing municipal services to any unincorporated area developed as part of the Project. On May 21, 1996, the Board of Supervisors adopted Resolution No. 96/238 forming County Service Area M-29 (Dougherty Valley), San Ramon Area ("CSA M-29"). The types of services to be funded and/or provided by CSA M-29, the Extended Services, include: extended police services and construction, operation and maintenance of parks, trails, recreation areas, open space, special landscape areas, library, community center, senior center, corporation yard, flood control and storm drain facilities, and internal road network (including bicycle paths and park and ride lots), and other extended County facilities and services as provided in Government Code sections 25210.4, et seq. Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported by benefit assessments. The County and the Project developers Shapell Industries of Northern California ("Shapell") and Windemere Ranch Partners ("Windemere'� (together the "Developers'D intend to annex areas, final map by final map, into the City of San Ramon (the "City'. 1 Section 3. General Benefits and Special Benefits. Proposition 218 provides that"only special benefits are assessable." Cal. Const. Art. XIII D, Sec. 4. The Extended Services that will be provided within CSA M-29 pursuant to the Settlement Agreement are special benefits. These special benefits are over and above the benefits received by the general public (the general benefits.) Section 4. Specially Benefited Parcels. The following parcels describe the Project Site. The property.described by these parcels will receive the Extended Services financed by the Assessment: Windemere Parcels Shapell Parcels APN #206-050-006 APN#206-230-001 APN #206-050-007 APN#217-060-004 APN 4206-050-008 APN #217-060-005 APN #206-050-009 APN 4217-060-025 APN 9206-050-010 APN #206-240-003 APN 4206-050-011 APN#206-240-004 APN #206-050-012 APN 9206-240-005 APN 4206-090-004 APN#206-240-008 APN #206-090-005 APN #206-240-009 APN #206-090-006 APN #206-240-010 APN 9206-090-007 APN #206-240-011 APN #206-090-008 APN#206-250-003 APN#206-090-009 APN#206-050-004 APN 9206-090-010 APN #206-050-008 APN #206-090-011 APN #206-120-001 APN #206-120-002 Total Parcels 15 APN #206-080-001 APN#206-04.0-002 APN 9206-040-003 APN #206-040-004 Total Parcels 20 The above parcels will be subdivided under a series of Project approvals and agreements., These subdivided parcels will be specially benefited by the Extended Services that will be financed 1 These approvals and agreements include but are not limited to the following: (1) that certain agreement titled "Development Agreement Between County Of Contra Costa And Shapell Industries, Inc. Relating To The Development Commonly Known As Country Club At Gale Ranch" entered into by and between Shapell and the County as of January 11, 1995 and recorded February 17, 1995 at Contra Costa County Records, #95-027735, and any amendments thereto; (2)that certain agreement titled "Development Agreement Between County Of Contra Costa And Shapell Industries, Inc. Relating To The Development Commonly Known As The Gale Ranch" (Footnote continued on next page) 2 by the Assessment. The process for levying the Assessments on subdivided parcels is discussed in Section 6 of this Engineer's Report and Section 5 of the attached MOU. Section 5. Total Assessment. The total Assessment chargeable to all the parcels within CSA M-29 in each year is the "Total Assessment." The estimated Total Assessment in each year is equal to the total cost of providing the Extended Services to CSA M-29 in the identified fiscal year. The estimated Total Assessment is: Residential Tier A Residential Tier B Non-Residential Cumulative Cumulative Building Cumulative Year Building Permits Permits Square Footage Assessment 1997 0 0 0 $0 1998 90 30 0 $88,497 1999 506 168 15,000 $501,660 2000 1,302 434 248,000 $1,362,084 2001 1,854 618 271,400 $1,912,252 3,666 units 2,750 917 366,400 $2,825,020 8,500 units 6,375 2,125 642,800 $6,481,577 11,000 units 8,250 3,750 1,170,000 $8,500,000 (Footnote continued from previous page) entered into by and between Shapell and the County as of April 8, 1996 and recorded April 25, 1996 at Contra Costa County Records, #96-75415, and any amendments thereto; (3) that certain agreement titled "Development Agreement By And Between The County Of Contra Costa And Windemere Ranch Partners" entered into by and between Windemere, Windemere Ranch Partners and the County as of January 18, 1996 and recorded January 11, 1996 at Contra Costa County Records, #96-0048-46, and any amendments thereto; (4) that certain.agreement titled "Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan Amendment and Environmental Impact Report" entered into by and between the County, Developers, the City and the Town of Danville on May 11, 1994 to settle certain claims brought by the City and Danville as more fully described therein (the "Settlement Agreement"); (5) the "Dougherty Valley Specific Plan," adopted by the Board of Supervisors pursuant to Resolution 92/867, on December 22, 1992 and amended by the Board of Supervisors pursuant to Resolution 96/564 on November 19, 1996; (6) a Vesting Tentative Map, Preliminary Development Plan and Final Development Plan for Country Club at.Gale Ranch approved by Contra Costa County Ordinance No. 94-79 on December 20, 1994; (7) a Vesting Tentative Map, Preliminary Development Plan and Final Development Plan for Windemere Ranch Partners Phase I approved by Contra Costa County Ordinance No. 96-44 on December 3, 1996; (8) a Vesting Tentative Map, Preliminary Development Plan and Final Development Plan for Shapell Industries, Inc. Gale Ranch Phase II approved by Contra Costa County Ordinance No. 96-45 on December 3, 1996; and (9)that certain agreement titled "Memorandum of Understanding Between Contra Costa County, the City of San Ramon, Shapell Industries and Windemere Ranch Partners Relating to the Development of Dougherty Valley" entered into between the County, the City, Shapell and Windemere as of October , 1997 (the WOU"). 3 The assumptions and figures used to calculate the estimated Total Assessment are provided in the "Dougherty Valley County Service Area M-29 Annual Budget 1997-1998, Five-Year Budget 1997-98 through 2001-02" which is Exhibit "E" to the attached MOU. As further explained in Section 6 of this Engineer's Report, the Total Assessment may vary from these estimates depending upon the cumulative number of foundations poured on subdivided parcels, the land uses that will occur in such parcels and other factors. Section 6. Assessment Per Parcel. Each of the parcels identified in Section 4 of this Engineer's Report will be further subdivided pursuant to the Project approvals and agreements identified therein. As explained below, the portion of the Total Assessment that will be chargeable to each of these subdivided parcels (the "Assessment Per Parcel") is based upon the Property Use Code Category and the Tax/Assessment Rate Multiplier that will be assigned to that parcel. As provided in Section 5.1(b)(2)(B) of the MOU, upon the approval of each new final map, all the parcels within that map will be assigned one of the "vacant" Property Use Code Categories identified in Exhibit C of the MOU (Use Code Categories 15, 16, 17, 18, 20 and 30.) When "a building foundation is poured" on a parcel, "the Property Use Code Category assigned to that parcel will be changed by the County Assessor to reflect the actual land use on that parcel." Id. Pursuant to Section 5(b) of the MOU, there are two "tiers" for the payment of the Assessment on residential parcels. Tier A is the tier Assessment that will generally be applied to higher density residential development. For fiscal year 1997-1998 the Tier A Assessment is $563 per unit. Tier B is the tier Assessment that will generally be applied to lower density residential development. For fiscal year 1997-1998 the Tier B Assessment is $795 per unit. Exhibit C of the MOU shows the current Use Codes for each tier. Tier A currently includes Use Code Categories 25, 26, 27 and 28. Tier B currently includes Use Code Categories 11, 12, 13, 14, 19, 21, 22, 23, 24, and 29. Use Code Category 31 is currently designated for commercial stores, not supermarkets. As further reflected in Exhibit C of the MOU, only apartment parcels will be automatically charged the Tier A Assessment. Other parcels will be eligible for the Tier A Assessment, if they meet the following qualifications: • The density shall be 15 du/acre or more. • Identical product types within each final map shall be the same tier Assessment. (i.e., all product that is 15 du/acre within .an identified parcel of a final map will have the same tier). • Identical building product in adjacent final maps shall be the same tier Assessment. • Tiers shall be approve prior to and may not be changed after the recording of the final map. • No more than 25% of each Developer's total units Project-wide shall be assigned the lower tier Assessment, Tier A. 4 Pursuant to Section 5.1(b)(2)(A) of the MOU, each subdivided parcel will also be assigned a multiplier(the "TaxlAssessrnent Rate Multiplier") to reflect the actual number of units approved for that single, subdivided parcel. The Assessment Per Parcel is based on the Property Use Code Category that will be assigned to that subdivided parcel and the applicable Tax/Assessment Rate Multiplier. Section 5.1(b)(2)(A) of the MOU provides an example: [T]he Annual . . . Assessment Per Parcel identified in Exhibit C [of the MOU] for apartments with 5-12 units is $4,785 or an average density of 8.5 units multiplied by the Tier A rate of $563. If 10 units were actually approved as part of the final map process, the Annual . . . . Assessment for that particular Assessor's Parcel should be $5,630, or 10 actual units charged at the Tier A rate of$563. The . . . Assessment Rate Multiplier for this example parcel would, therefore, be 1.18 (or. 10/ 8.5). The Project will include non-residential as well as residential parcels. As provided in the "Dougherty Valley County Service Area M-29 Annual Budget 1997-1998, Five-Year Budget 1997-98 through 2001-02" which is Exhibit E of the attached MOU, the Assessment Per Parcel on non-residential parcels in the Project will be $0.33 for each square foot. The Assessment Per Parcel for both residential and non-residential parcels may be increased each subsequent year based on the Consumer Price Index2 and the Utility Rate Index3. Annual increases in the Assessment shall be calculated as follows: Tax/Assessment for Non- Consumer Price Index for the Utility related Costs x San Francisco-Oakland-San Jose Area for April of the immediately preceding fiscal year plus: Tax/Assessment for Utility Utility Rate Index based on Related Costs x the costs of utilities for the 2 "Consumer Price Index" shall mean that certain measure of the average change in prices over time in a fixed market basket of goods as reported by the United States Department of Labor Statistics for the San Francisco-Oakland-San Jose area. The base year for the Consumer Price Index used in calculating the Tax/Assessment on parcels within the Dougherty Valley shall be the year in which this MOU is executed. 3 "Utility Rate Index" shall mean the index calculated by the following formula: 20 randomly selected parcels within the Project Site, which include both residential and non-residential parcels,. shall be identified. The actual, total gas, water and electricity charges (including fees) for the preceding year (year 1) for all 20 of these parcels shall be added. This total shall be divided by the actual, total gas, water and electricity charges (including fees) for the same 20 parcels for the preceding year(year 0). The resulting ratio is the Utility Rate Index. 5 immediately preceding fiscal year In no event shall the Tax/Assessment per parcel for any fiscal year be less than the amount established for the first fiscal year.4 Section 7. Methodology for Calculating the Assessment Per Parcel. The three Assessment categories are Tier A (generally higher density multi-family residential), Tier B (generally single-family residential) and non-residential. The Tier A and Tier B Assessments are chargeable on a per unit basis. The non-residential are chargeable on a per square foot basis. Multi-family residential units generate less demand on public facilities than single-family residential units; therefore, they should pay a lower fee. They generate less demand for the following reasons: • The multi-family units may typically range in size of 900 square feet for apartments and 1,800 square feet for townhomes. The smaller size of these units as compared to the single family units, 3,000 square feet, generates a lower population of adults and school age children per household. This owner population per household generates less demand upon public facilities such as schools, parks, and libraries. • Multi-family units have a number of private amenities within each area. These generally consist of a recreation building, pool and spa, and trails and common open spaces and meeting rooms. These amenities are private and for the use of the residents of the multi-family units only, and do not compete for use with the single family population. This creates less demand by the multi-family residents upon parks, trails, recreation areas, open space and the community center. • Landscaping and road maintenance costs are higher for single family residents due to more street frontage per unit and lack of a home owner association to levy maintenance costs. Multi-family units will be charged a home owners association fee or a portion of rent will be used to maintain the private roads and landscaping areas specific to each development. • Based on ITE trip generation factors, single family residential units generate 9.55 trips per day, condom iniums/townhomes generate 5.86 trips per day, and low rise apartments generate 6.59 trips per day. Due to the lower trip generation factors for multi-family units, less impact may occur to the streets by multi-family residents. Based on the above justifications, demand for Extended Services is directly related to the average square footage of the two types of residential units. 4 Pursuant to Section 5.1 (b)(2)(B) of the MOU, if any legal challenge results in a prohibition against, or a substantial delay in the levy of, a Tier A Assessment on any parcel, the Tier B Assessment in effect at the time of such prohibition or delay shall be charged to such parcel and adjusted in subsequent years according to the formulas provided in Section 6 of this Engineer's Report. 6 Non-residential uses also generate demand for Extended Services. The demand is primarily on streets, flood control and storm drain facilities, and police services. There is less demand on schools, parks and libraries. The demand of non-residential property is also related to square footage. The methodology used to allocate costs to the three categories of Assessments is based on a, square foot basis (MOU, Exhibit E, page B-7). The assessment assigned to each category is pro-rated based on its percentage of square footage compared to the total Project-wide square footage (MOU, Exhibit E, page A-5). The per unit Assessment for single-family units and multi-family units is the estimated Total Assessment for that respective category divided by the respective number of units (MOU, Exhibit E, page A-5). The square footage Assessment calculation was translated into two per parcel Assessments for residential parcels due to the relatively small range of square footage of the individual residential units and to simplify, the Assessment collection procedures. The per unit Assessment for non-residential uses is the estimated Total Assessment divided by the non-residential square footage Project-wide (MOU, Exhibit E, page A-5). The estimated Total Assessment for non-residential parcels is apportioned by square footage because the total square footage of these units will vary widely. Section 8. Statement/Legal Analysis Regarding Camp Parks. Proposition 218 provides that: Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Cal. Const. Art. XIII D, Sec. 2. The southern end of CSA M-29 is home to the Camp Parks Reserve Forces Training Area. The 892-acre facility is owned by the United States Department of the Army. The area is policed by the U.S. Army and already has all of the services needed to perform its current mission. Camp Parks will not be subject to the Assessment because none of the Extended Services will be provided within its boundaries. Further, it is a federal facility which will not benefit either directly or indirectly from the Extended Services provided to other parcels in CSA M-29. Finally, under the Supremacy Clause of the United States Constitution, state and local governments may not directly tax the federal government or federal departments. Government Code section 25210.77a, which authorizes assessments for Extended Services in County Service Areas, also specifically provides that"The Board of Supervisors shall not impose a charge upon a federal or state governmental agency." Section 9. Tentative Report under Contra Costa County Code Article 1012-2.6. This Engineer's Report contains all of the information required to be in a tentative report under Contra Costa County Code Article 1012-2.6 and satisfies all of the requirements for a Tentative Report under that Article. This Engineer's Report, therefore, constitutes "The Tentative Report for the County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment/Service Charge Fiscal Year 1998-1999" (the "Tentative Report"). The Assessment 7 constitutes a "service charge" as that term is used in County Code Chapter 1012-2. The Tentative Report includes the computation of service charge required by Contra Costa County Code section 1012-2.606. CA962500.044 8 n, t,chment � tri r co mG � ` = a a . Cf + t � M FAN BEY RD M. o y Z tgga t 4 ATTACHMENT B Legal Descriptions and Parcel Maps LEGAL DESCRIPTION , i THE GUMPERT RANCH (WINDEMERE) ALTA Loan Poiicy- 14--C-90) Schedule C SCHEDULE C The land referred to In this policy Is descn'bed as follows: REAL PROPERTY in an unincorporated area, County of Contra Costa, State of CaUfomia, described as follows: REAL PROPERTY in an unincorporated area,County of Contra Costa,Stme of California.described as follows: PARCEL ONE: A parcel of land situated in!the Rancho San Ramon, Contra Costa County, California, being afl of Lots 22, 23, 24 and 25 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C of Maps at Page 63, lying within the following described boundary: Commencing at the 1 1/2'1ron pipe with tag marked LS 4477 at the southwest corner of said Lot 24 as shown on the Record of Survey recorded to Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence North 22' 07'54' East along the westerty one of Lot 24 as shown on said Record of Survey, 236.36 feet to the point of beginning; thence along the westerty and northerly lines of Lot 24 as shown on said Record of Survey the following courses and distances: North 220 07' 541 East 588.46 feet: North 280 07' 54' East 396.08 feet; North 539 06' 17' East 330i.63 feet; North 46' 36' 57' East 594!88 feet; North 20' 52' 53' East 481:65 feet; South 88' 52' 59' East 3490.31 feet: Thence leaving said northerty line of Lot 24 and along the following courses and distances: South 19' 38' 15' West 1896.78 feet; South 06' 41'36' East 809.15 feel; North 72' 40' 16' West 2217.98 feet; North 88' 44' 58* West 2106.57 Leet; To the point of beginning. A.f'.No.: 206-050-006 PARCEL TWO: A parcel of land situated in the Rancho San Ramon, Contra Costa County, Califomia, being all of Lots 21, 22, 23, 24, 25 and 26 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C of Maps at Page 63, lying within the following described boundary. Commencing at the 1 1/2' iron pipe with tag marked LS 4477 at the southwest comer of said Lot 25 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records First American Title I Commencing at the 2' iron pipe with tag marked LS 3400 at the southeast comer of that parcel of land shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence North 12' 00'35' East along the easterly line of said'Parael, 1136.95 feet to a 2' iron pipe; thence :continuing along the easterly line of said Parcel the following courses end distances: North 04° 11' 52' West 1156.35 feet; i North 01' 48' 08' East 404.58 feet; North 01' 52' 24* East 146.47 feet; To the point of beginning; thence continuing along said easterly line the following courses and distances.- North istances:North OI' 52' 24' East 999.43 feet; North 41' 25' 00' East 555.81 feet; North 24' 50' 12' East 1412.60 feet, North 47' 32' 09' West 593.54 feet; Thence leaving said easterly line and along the following courses and distances: South 86° 20' 31' West 1747.64 feet; South 14' 00' 31` West 2636.87 feet; South 76' 47' 58' East 1876.12 feet To the point of beginning. A.P.N o.: 206--090-009 PARCEL TWELVE: A parcel of land situated Wthe Rancho San Ramon, Contra Costa County, California, being all of Lots 19, 20, 21 and 28 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C of Maps at Page 63, tong within the following described boundary: Commencing at the 1 1/2'.iron pipe with tag marked LS 4477 at the northeast comer of said Lnt 21 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County; thence along the easterly fine of said Lot 21 as shown on said Record of Survey the following courses and distances: South 48' 43' 31' East 330.00 feet: South 02' 37' 48' West 438.24 feet; South 38' 29' 47' West 808.50 feet; To a 1 1/2' iron pipe with tag marked LS 4477 and the point of beginning; thence continuing along said easterty fine the following courses and distances: South 12' 23' 49' West 151.33 feet; South O1' 32' 04' West 94.62 feet; South 06' 29' 47' West 653.74 feer, South 00' 03' 04' West 1705.65 feet To a 1 112' iron pipe with tag marked LS 4477; thence leaving said easterly line and along the following f courses and distances: j First American 7-ale i f 2 ! i To the easterly line of said Parcel; thence along said easterly line the following courses and distances: i South 01' 52' 24' West 146.47 feet; South 01' 48' 08' West 404.58 feet; South 04' 11' S2' East 1156.35 feet; South 120 00' 35' West 1136.95 feet I To the point of beginning. ! I A.P.No.: 206-090-008 I PARCEL TEN: A parcel of land situated in`the Rancho San Ramon, Contra Costa County, California, being all of Lots 18, 19, 20, 21, 27, 28, 29, 30 and 38 of the Map of the Estate of Elizabeth A Dougherty as said Map is _ recorded in Book C of Maps at Page 63, tying within the following described boundary. Commencing at the 1 1/2' Iron pipe with tag marked LS 4477 at the northeasterly comer of said Lot 21 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence North 18' 41'026 East along the easterly line of Lot 22 of said Map of the Estate of Elizabeth A. Dougherty as shown on said Record of Survey, 219.30 feet; thence leaving said easterly line and along the following courses and distances; North Sr 54' 08' West 2647.98 feet; South 24' 13' 46' West 3050.74 feet; r To the point of beginning; thence along the following courses and distances: South 61' 04' 56' East 1056.76 feet; South 37° 27' 21' East 1271.07 feet; South 14' 00' 310 West 2636.87 feet; ! North 760 47' 58' West 1495.21 feet; North 00' 58'.50' East 1753.26 feet; North 10' 27' 08' East 2017.48 feet To the point of beginning. A.P.No.: 206-090-010 I i PARCEL ELEVEN: A parcel of land situated in the Rancho San Ramon, Contra Costa County, California, being all of Lots 18, 19, 20, 28 and 29 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C of Maps at Page 63, lying within the following described boundary. i i I I 1 I I First Americans Title i To said westerly line of Lot 30; thence along said westerly line the following courses and distances: North 360 59' 49' West 481.74 feet; North 64° 32' 38' West 612.93 feet; North 37' 00' 49' West 758.45 feet To the point of beginning. A.P.No.: 206-090-006 i PARCEL EIGHT: A parcel of land.situated in3he Rancho San Ramon. Contra Costa County, California, being all of Lots 18, 19, 28, 29 and 30 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C - of Maps at Page 63, lying within the following described boundary: Commencing at the hub and tack at the southerly comer of that parcel of land shown on the Record of Survey recorded in Book fib of Land Survey Maps at page 20, Official Records of Contra Costa County; thence North 4711 38'45'West along the southerly boundary thereof, 1165.71 feet to the point of beginning; thence leaving said southerly fine and along the following courses and distances: North 14' 00' 31' East 2881.61 feet; North 76° 47' 58" West 1495.21 feet; South 27° 02' 31' West 1874.24 feet To a 6' by 6' concrete monument with nail at an angle point in said southerly fine; thence South 470 38' 45' East along said southerly line, 2178.99 feet to the point of beginning. A.P.No.. 206--090-007 PARCEL NINE: A parcel of land situated in the Rancho San Ramon, Contra Costa County, California, being all of Lots 17, 18, 19, 28 and 29 of the Map of the Estate of Elizabeth A. Dougherty as said Map is.recorded in Book C of Maps at Page 63, lying within the following described boundary. Beginning at the 2' Iron pipe with tag marked LS 3400 at the southeast comer of that parcel of land shown on the Record of Survey recorded In Book 68 of land Survey Maps at Page 20,Official Records of Contra i Costa County; thence North 769 27'2-24 West along the southerly One thereof, 526.21 feet to a 1 1/2'iron pipe with tag marked LS 4477; thence continuing along-said southerly One the following courses and distances: I South 62" 17' 26' West 886.61 feet; South 760 21' 49' West 202.39 feet; North 47" 38' 45" West 1165.71 feet; Thence leaving said southerly line and along the following courses and distances: j North 14" 00' 31' East 2881.61 feet; South 76° 4r 58' East 1876.12 feet First American Title I� I 4 To the point of beginning. A.P.No.: 206-090-004 PARCEL SIX: A parcel of land situated in the Rancho San Ramon, Contra Costa County, California, being all of Lots 27, 30. 37 and 38 of the Map of the Estate of Elizabeth A Dougherty as said Map is recorded in Book C of i Maps at Page 63, lying within the following described boundary: Beginning at the 1 1/2' iron pipe with tag marked LS 4477 at the northwest corner of said Lot 37 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20,Official Records of Contra Costa County, thence North 00° 15'29' West along the westerly fine of Lot 27 as shown on said Record of Survey, 396.17 feet; thence leaving said westerly line and along the following courses and distances: South 79° 30' 52' East 1389.27 feet; South 35 27'02' East 1606.89 feet; South 55° 56' 11' West 3436.06 feet; To the westerly line of said Lot 37 as shown on said Record of Survey; thence along said westerly line the following courses and distances: North 350 30' 46' West 1744.38 feet; North 42' 26' 53' East 264.40 meet; North 86° 52' 12' East 562,01 feet; North 210 58' 30' East 1316.13 feet To the point of beginning. A.P.No.. 206-090-005 PARCEL SEVEN: 1 A parcel of land situated in the Rancho San Ramon, Contra Costa County, California, being all of Lots 28, • 29, 30, 37 and 38 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C ' of Maps at Page 63, tying within the following described boundary. Beginning at the 1 1/2' iron pipe at the westerly comer of said Lot 30 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County; thence North 350 30'46' West along the westerly line of said Lot 30 as shown on said Record of Survey, 366.18 feet; thence leaving said westerly fine and along the following courses and distances: North 55° 56' 11' East 3036.06 feet; North 85° 37' 28' East 1900.54 feet; South 00' 58' 50' West 1753.26 feet; South 27` 02' 31' West 1874.24 feet: North 89` 17' 29' West 2015.55 feet i First American Title 5 of Contra Costa County, thence North 38' 37'32' East along the westerly line of Lot 25 as shown on said j Record of Survey, 535.10 feet to the point of beginning: thence continuing along said westerly line the following courses and distances: North 14° 52' 42' East 709.65 feet; North 31° 52' 49' East 372.42 feet; North 220 OT 54' East 236`36 feet, Thence leaving said westetty line and along the following courses and distances: South 880 44' 58' East 2106.57 feet; South 720 40' 16' East 2217.98 feet; South 06° 41' 36' East 708.77 feet; South 24° 13' 46' West 884.33 feet; North 76° 38' 14' West 3651.87 feet; North 79' 5T 30' West 871.37 feet To the point of beginning. A.P.No.: 206-050-007 PARCEL THREE: A parcel of land situated in'.the Rancho San Ramon, Contra Costa County, Califomia, being an ' of Lots 21, 22, 25. 26 and 27 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C of Maps at Page 63 tying within the following described boundary. Commencing at the 1 112' iron pipe at the southwest comer of said Lot 26 as shown on the Record of Survey recorded;in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence North 16° 43' 4,9' East along the westerly Vine of Lot 26 as shown on said Record of Survey, 278.22 feet to the point of beginning; thence continuing along said westerly line of Lot 26 and the westerly line of said Lot 25 as shown on said Record of Survey the following courses and distances: North 16' 43' 49' East 286.61 feet; North 46' 11' 32" East 317;30 feet; North 35` OT 42' East 810.38 feet; North 380 37' 32' East 535:10 feet; Thence leaving the westerly line of Lot 25 and along the following courses and distances: South 79' 57' 30' East 877.37 feet; I South 760 38' 14' East 3651.87 feet; South 240 13' 46' West 1256.89 feet; North 830 32' 15' West 5039.04 feet; To the point of beginning. A.P.No.: 206-050-008 i First American Title 6 a PARCEL FOUR: A parcel of land situated in'the Rancho San Ramon, Contra Costa County, California, being all of Lots 21, 26, 27, 28, 37 and 38 of the Map of the Estate of Elizabeth A Dougherty as said Map is recorded in Book C of Maps at Page 63 lying within the following described boundary. Commencing at the 1 1/2'!:iron pipe with tag marked LS 4477 at the southwest comer of said Lot 27 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence North 00' 15'29'West along the westerly line of Lot 27 as shown on said Record of Survey, 396.17 feet to the point of beginning; thence continuing along said westerly fine of Lot 27 and along the westerly dine of said Lot 26 as shown on said Record of Survey, the following courses and distances: North 15' 13' 54' East 428.38 feet; North 180 45' 20' West 461.93 feet; North 31- 12'S0' East 594.77 feet; North 26' 30' 28' West 659.73 feet; North 13' 28' 59' East 326.98 feet; North 330 12' 41' East 28!7.88 feet; North 16° 43' 49' East 278.22 feet; Thence leaving the westerly Fine of Lot 26 and along the following courses and distanoes: South 83' 32' 15' West 5039.04 feet; South 24° 13' 46' West 1793.85 feet; South 86' 40' 37' West 18b3.13 feet; South 61° 53' 31' West 1511.24 feet; North 7911 30' 52' West 1389.27 feet; 7o the point of beginning. A.P.No.: 206-050-009 PARCEL FIVE: A parcel of land situated inlhe Rancho San Ramon, Contra Costa County. Califomia, being all of Lots 2t, 27, 28, 30, 37 and 38 of the Map of the Estate of Elizabeth A Dougherty as said Map is recorded in Book C of Maps at Page 63, tyirig within the following described boundary. Commencing at the 1 1/2')ron pipe with tag marked LS 4477 at the southwest corner of said Lot 27 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence North 00° 15'29'West along the westerly line of Lot 27 as shown on said Record of Survey, 396.17-feet; thence South 790 30' 52' East, 1389.27 feet to the point of beginning; thence along the following courses and distances: i North 61' 53' 31" East 1511.24 feet: North 86' 40' 37' East 1863.13 feet; South 10° 27' 08' West 2017.48 feet; South 85' 37' 28' West 1900.54 feet; North 35` 27' 02' West 1606.89 feet 1 First American 7We ° 1 I South 86' 20' 31" West 1747.64 feet; North 370 27' 21* West 1271.07 feet; f North 49' 29' 42' East 2778.99 feet; i South 78° 28' 34* East 525.18 feet To the point of beginning. AP.No.: 206-090-011 i PARCEL THIRTEEN: 1 A parcel of land situated in the Rancho San Ramon, Contra Costa County, California being all of lots 20, 21, 22, 25, 26, 27, 28 and 38 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded j in Book C of Maps at Page 63, lying within the following described boundary: Beginning at the 1 1/2' iron pipe with tag marked LS 4477 at the northeast corner of said Lot 21 as shown on the Record of Survey recorded In Book 68 of Land Survey Maps at Page 20, Official Records of Contra Costa County, thence along the easterly line of said Lot 21 as shown on said Record of Survey the following courses and distances: 1. ISouth 480 43' 31' Fast 330.00 feet; , South 02° 37' 48' West 438.24 feet; South 380 29' 47' West 808.50 feet; To a 1 1/2' iron pipe with tag marked LS 4477; thence leaving said easterly fine and along the following i courses and distances: i Norm 78° 28' 34" West 525.18 feet; I South 49` 29' 420 West 2778.99 feet; North 61'0 04' S6' West 1056.76 feet; ; North 24° 13' 46' East 3050.74 feet; I South.67° 54' 08' East 2647.98 feet To the easterly line of said Lot 22 as shown on said Record of Survey, thence South 18° 41' 02' West along said easterly line, 219.30 feet to the point of beginning. AP.No.: 206-050-010 - i PARCEL FOURTEEN: A parcel of land situated in the Rancho San Ramon, Contra Costa County, California, being all of Lots 22, 23. 24, 25, and 26 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C I of Maps at Page 63, tying within the following described boundary. Commencing at the 1 1/2' Iron pipe withtag marked LS 4477 at the northeast comer of said Lot 23 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records ! of Contra Costa County, thence along the easterly line of said Lot 23 as shown on said Record of Survey the following courses and distances: I f South 05° 47' 38' West 1186.86 feet; South 25` 36' 43' East 971.76 feet: ; I i First American Title f i i 8 ii To a 1 1/2' iron pipe with-tag marked LS 4477 and the point of beg-inning; thence continuing along said easterly line of said Lot 23 and along the easterly line of said Lot 22 as shown on said Record of Survey the following courses and distances: i South 02° 53' 42' West 874.71 feet; South 46' 43' 40' West 508.29 feet; South 54' 42' 12' West 228.41 feet; i South 18° 41' 02' West 757.50 feet; i Thence leaving said easterly line of said Lot 22 and along the following courses and distances: 1 North 870 54' 08" West 2647.98 feet; 1 North 240 13' 46' East 884.33 feet; , North 06° 41' 36' West 708.77 feet; North 79` 12' 02' East 2778.99 feet; South 830 15' 06' East 481.83 feet i To the point of beginning. 3 A.P.No.: 21)6-050-011 PARCEL FIFTEEN: E A panel of land situated in;the Rancho San Ramon, Contra Costa County" California, being all of Lots 22, 23, 24, and 25 of the Map of the Estate of Elizabeth A. Dougherty as said Map is recorded in Book C of Maps at Page 63, tying within the following described boundary: Beginning at the 1 1/2' iron pipe with tag marked LS 4477 at the northeast comer of said trot 23 as shown on the Record of Survey recorded in Book 68 of Land Survey Maps at Page 20, Official Records of Contra t Costa County, thence along the easterly line thereof the following courses and distances: South 05° 47' 38" West 1186.86 feet; South 25° 36' 43' East 971.76 feet; To a 1 1/2' iron pipe with tag marked LS 4477; thence leaving said easterly line and-along the following courses and distances: North 83' 15' 06' West 481.83 feet; South 79' 12' 02' West 2779.99 feet~ North 06' 41' 36' West 809.15 feet; North 19" 38' 15' East 1896.78 feet; f i First American Tiffe i 9 i 1 I i To the northerly line of said Lot 24 as shown on said Record of Survey, thence South 88' 52' 59' East t along said northerly fine, 104.88 feet to a 1 1/2'iron pipe with tag marked LS 4477 at the northwest Comer of said Lot 23 as shown on said Record of Survey thence South 88' 18'36* East along the northerly fine of said Lot 23, 2261.97 feet to the point of beginning. I A.P.No.: 206-050-012 EXCEPTING FROM PARCELS ONE THROUGH RFCEEN: I i The rights reserved in the Deed from Emil Gumpert, et al to Edcel, N.V., a Netherlands Antilles corporation, recorded March 28, 1980,.as Instrument No. 80-39830, as follows: 'But only as to the area tying more than five hundred (500) feet below the land surface of the real property, an undivided one-half (1/2) interest in and to all rights to, and one-half (1/2) of all oil, gas, minerals, I petrochemicals and other hydrocarbon substances in,tinder or produced and saved from,the real property. i PARCEL SIXTEEN: - i That portion of Parcel 'A' of MS 79-74 recorded in Book 36 of Parcel Maps, at Page 29, Contra Costa 1 County Records and more particularly described as follows: .Beginning at the northeast.comer of said Parcel 'A'; thence along the northerly, westerly and southerly boundaries of said Parcel the following bearings and distances: North 87' 22' 54' West 3135.17 feet; South 04' 14' 21' East 496.26 feet; South 12' 00' 49' West 1136.78 feet; South 760 2T 34' East 762.55 feet; { North 00' 43' 18' West 195.01 feet; North'01' 19' 24' West 436.67 feet; North 28' 08' 11' East 387.32 feet; � South 54° 55' 43- East 254.19 feet; South 820 16' 49' East 254.42 feet; i North 74' 04' 28' East 335.45 feet; South 76" 21' 50' East 269.73 feet; 1 South 650 13' 05' East 249.92 feet~ South 469 08' 330 East 157.52 feet; South 74' 21' 24' East 287.59 feet; South 05' 41' 40' East 252.35 feet; South 50° 46' 26' West 302.50 feet; Thence continuing along the westerly boundary of said Parcel'A' South 14`49'13'East, 59.14 feet to the westerly end of the revised lot fine dividing said Parcel 'A' and Parcel '8' of MS 230-71 as recorded in that certain Parcel Map recorded in Book 23 of Parcel Maps at Page 6, Records of Contra Costa County, 1 California; thence North 86' 48'55' East along said revised lot line,839.51 feet to the northwesterly comer i of said Parcel 'S' as shown on said MS 230-71; thence along the northerty line of said Parcel 'B' North 80' 30' 28' East, 223.20 feet to the easterly line of said Parcel 'A'; thence along the easterly 6ne of said Parcel 'A' the following bearings and distances: I j First American Tale i 10 II 1 i North 14` 41' 00' West 255.60 feet; North 05' 24' 00' West 300.35 feet; North 03° 04' 00' West 301.21 feet; I North 010 11' 18' West 502.54 feet; Thence continuing along said easterly line North 04' 18' 29' East, 179.38 feet to the point of beginning, j A.P.No.: 206-110-009 PARCEL SEVENTEEN: Portion of the Rancho San Ramon, Amador Grant, being Lot 8, as said Lot is shown on the Map entitled, { Map of the Property of the Estate of Elizabeth A. Dougherty, deceased, filed in the Office of the Recorder j of Contra Costa County, State of California, May 4, 1891, in Map Book 'C' at Page 63, described as follows: j Beginning ata point on the boundary line of the Rancho San Ramon at the comer common to Lots 7 and I 8, as said Lots are shown on the Map hereinabove referred to, thence along the line dividing said Lots 7 and 8, North 65' 30' West 2250.60 feet; thence North 70' West 924 feet; thence North 55' 15' West 1358.28 feet to the northwest comer of said Lot 8; thence along said Lot Line South 10 West 1551 feet; thence South 50 East 660 feet to the southwest comer of said Lot 8; thence along the One dividing Lots 8 and 9 as shown on the Map hereinabove referred to, South 880 East 4184.40 feet to the boundary fine of said Rancho; thence along said boundary line North 0' 30' East 1094.29 feet to the point of beginning. EXCEPTING FROM PARCEL SEVENTEEN: ! 1 A portion of Parcel Map MS 207-78, filed July 14, 1980, in Book 87 of Parcel Maps, at Page 38, more particularly described as follows; I Beginning at a point on the boundary line of the Rancho San Ramon at the confer common to Lots 7 and 8, as said Lots are shown on the Map hereinabove referred to: thence along the line dividing said Lots 7 and 8, North 84' 33' 25'West. 946.05 feet(87 Parcel Maps, Page 38; North 850 30'00*West 848.05 feet) to the centerline of Camino Tassajara as shown on Parcel Map M.S. 207-78 filed July 14, 1980 In Book 87 of Parcel Maps, Page 38, Contra Costa County Records; thence along the last mentioned fine South ! 4' 18' 28'West 1124.69 feet (87 Parcel Maps 38; South 3' 21'52'West 1135.58 feet) to the southern One of said Lot 8; thence along the last mentioned line South 87' 22' 40' East 1006.42 feet (87 Parcel Maps 38; South 88' 00' 00' East 1002.83 feet) to the eastern fine of said Lot 8; thence along the last mentioned line North 1* 13' 00' East 1077.87 feet (87 Parcel Maps 38; North 0' 30' .00' East 1094.28 feet) to the I point of beginning. A.P.N o.: 206-110-007 I !1 { I i First American 7111e ! i { 11 qtr RW,>i '� A3 i yam•,a^-- i e � ••.moi /j �` '�r' ly zz t� �. Q _ // fact tee• S , mom.rrl+t. \ 4 '�•` f C QF) /l .0? a rx ,n' s sfi � �ga.�E•wr �� t F » three M^f• t c 4- OD \ `\` "`40.^y.�"•r17 7 / R.t';. NOTICE THIS MAP MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREON. IT IS NOT TO BE REVEL UPOti FOR ANY PvnPOSE OTF.YR:.H'IN OWENTl;;v ONE'S -ELF A,S TOT; E LOCATION OF" PARCEL OR PARCELS OFiN{E ,ST. FIRST AMERICAN T'T LE COMPANY ASSUNIFS NO LIABILITY FOR LOSS y OR DAMAGE RESi1L TIVC rRO'A RELIANCE THEREON. y 4 1 12 r /T11:LYNN!' f S"Uh't/EY i //;v,/ ,e e(,Nc a t+yRs, (` ors 4ig j • c' ,�� 3, .� 3 ' i\ t .�. i P �o�r..evo.aeec: ,ye.n.2o.rr.1~.v.Za.era i MAP OF THE PROPERTY OF .I �..?? r,,...i- _ •.e f °Svr.i`e�,r:ek• ... , ...,..ze / Yti THF ESTAr£OF FLIZABFTX A. 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HAK-= 3 u"�SS'I', C;F'TlG A PCRr::CN OF LCIS 35, 36 AND 67 AtC ALL OF LG''IS 39, 40, 41. 42, 43, 44, 45, 46, 47, 48. 49, 50, 51, 54, 53, 54, AND 55, AS Sr':7GN ON THE MAY E�'YT:T TI:r'"']. .VAP OF StJa)=szr-N OF PL= A CF TRE LXAJC Z'Y RANG, ALS _'3A AW (=NIRA C2 TA CcLwr^°_ 5. CAL ' NZr�", F T_r r� ON MAY 2, 1894, IN ME C"F I=- CF THE C MNI--' R CF SAM CCNIFtA CCS—,,A C CLNI 2 LN :3CCK 3 OF MAPS, AT PAS 45, DE"'R'MM AS r'aL.L3rL`s: !a�s~ZNNI.yG CN T:AE E%s, -N L LNE OF 1:11-M 7918.73 P FE PAR= --F L= Sr= APART TO CLARim m. ccua=y 5Y TS AAT =-MLN IN z`ARl"ITICN, RENDERED iEE26 3891, 5Y 'y-E SJP=-RICR C= OF VE STATE OF C'AI-'=LXt.I?,.. IN AND FCR 'ItiE Com'=' CF AL'YT1, LN THAT =ML'-i AC.-MCN FAD T.HM4= i, ENT±'-":= C-91R M_ L7QX'1`1 , VS. ADA M.. CCS, ET AL, DE�'.r'�Ni , C: No. 6479. A CMU"-= CCFY OF WFiIC-i11 1WAS ED MAFC--i 3. 1891. Iri gX3{ 59 ter L' ,'�T P 525, AT THE NCEMi 7V L...= OF ...iE 3636-= AC-M P-ARC---r Cr L;,ra) L}=CMM IN 'i-M FINAL -jl='TZM fzm� ,7jUr 21, 1947, BY THE DISMIC:: C;aM OF =-M =M= STATES- IN AND FCR '":M NC iE V DI.S``IItIC." OF 1=;rZr`T,c'0iT,A, SX-11MIN A.]1 SIC N, IN MAT CE-�� AC7=CN "AD RtT.T.'T= U'tl'I`TJ STA= GF *=CA, ?rA=I.CT.'- VS. 3396 ACRES OF L"NO, ALAMEI A AND CaN M. e'� =zim-7r.S', C AL.iFC m. ?r:A G.c-0� T, ET AL. DE.�•`"�tAKIS, c7 SE NO- 7735-�, A C=-M--rTr- COP--`_' OF Wh C:-i Fn; jL=- -C WAS R=MM MSI` 2, 194-1- =4 EX= !?C4 OF CIF-r--T= R AT FPG.- 377: --MM SXM POINT CIF 583L Il`iII'G N",RT:-3..t�7Z.Y AMID WkaT��Y AL= -rl-rM=CR LINE Com' SAID 7918.73 Aam PAM 0`9 D 575) AS =OL IZAs: Nam i .38' '�, 331 F.^Z..�T, MORE M L.r�S TO ANGLE PO=, t`�; 65':30' WFST 613.80 :z;: NcFm 38' WLST 759 :�.-T: N--EZiH 36.30' WEST 2122 Fes; ?moi 4.301 r s. 264 Xinl3 ?6' AS: 563 t.T; :a7IUI 2' FAST 1314.72 FES; NCF= 1'15' WEST 396 :`."I'; N.ri 14.15' EAST 429 Fes: INCRM 19,451 WET 452 F.EL":': :XIM3 300I&V rEAST 59-4�+.r---;^� :�.. RM 27'♦20'YT�c'aEST 664 ���.'.1n`: `�X♦ T-H 12•30',�F��"T} �c6.�7+0 :�.S.": ,jCE j ': '15' ..1'1.1 2'79.50 NOE 1 1.5°45' .:t'S 564-30 ��i /��.� i�.T'1J' �r :316-80 :. ice. -`i 34, 151 r.i Si 809.82 rEZ1': NCEZ74 37'45' c'.r1ST 798.60 NC7EZOM 14' SAST 710.15 =- .; yCR-Tli 31' LSI` 372.24 i,.Ei': 'aZ'-i 21'15' EAST 825 Fr. I': N 0 R TH 27'15' AS` 396 taC�'m 5.2'30' rrS'T 330 ..-mac�: .moi 45'45' EAST 594 FEw�I'; 20- Ep's 3$3..F'Q TO '^ :vW T.M:;:t L-13ME OF S7-=- S;V F-MN F' r----}; A ZNG S 7 NcRmx 'N ; : E Natz1':i 89'45' WEST 597.0 Fz.:;T: LEAvMG SAM LINA NRTfi 0'S' 2553.20 F r:T: NM-1 i 89"15' WE:a'T 2105.40 F fi; :moi 89045' WET 19W-40 F^-:T: S?JI'H 8S'45' irc�' iT 2586.20 FErT: NCR=H 0-:L5, EAST '_5'118 r-z..3T: SCuM 89'45' W - 2511.60 FE-Ell ; SOUTH 0'30' WEST 3927t":'; Na:zj"H 39-45' ed= 2630.10 'T: ^'O STATICN S.R. 8 OF SA-M RANaV SAN RPiKXY, SAID STAT=CN S.R. 8 B=G T.9Z SWMV� kSr CMO OF THE PAR= OF I.", 0 L EsL-j .i^M ISI 1,1M Imo? FECNi �.>SS;l-ARA LAM C2,1PANY TO jj-=,lU F. WI iARIN, EI' �:r{, .fir st �IE�BEsZ ?I?, 1922, -lN BOCK 42$ OF D S AT F� 52:� scurL:AvL�., I '- L.1-NE OF STA= 7,918.7-2 AA= ? "`T (59 D 525) ALCM f 20' ._.a:w i�T..'\ OF SAID ',QZ: .*MANN P N� 89'45, WE5'i 726 F—j: AND A ICN OF w= '_.042_30 ~E;Ex 770 "_''-� UES'T --N LLE OF S,1TD FAN--M SAN RNvM, 5F-A 'L w ZCI`E."�I� rL7-NE OF �_.�LZ' '7,91,8.73 �£ PAF '=T (M9 0 525): Tf'L�'�X�... AL r' `"-.+AID T 'ti:.GR S�--.tS 27' '11.554.28 = '1'L) SiATICN S_R. 12 OF SAID R'+N'-n S<N RA%ax, ?Stab So(m 27 15' &AST, 2220.90 r E-zT M ':'I' ' 'CMNUN t L LNE OF SAm RARCZ ' `7 nS ?a t' CSCE IN THE LiE37 --.tr'M =T I ENE `? &R RAMP :'O �tIc;'N 'I qu 1 of 4 EXHIBIT B NOTICE IS HEREBY GIVEN that: On May 21, 1996,the Board of Supervisors adopted Resolution No. 96/238 forming County Service Area M-29 (Dougherty Valley), San Ramon Area ("CSA M-29"). The types of services to be funded and/or provided by the CSA (the "Extended Services") include: extended police services and construction, operation and maintenance of parks, trails, recreation areas, open space, special landscape areas, library, community center, senior center, corporation yard, flood control and storm drain facilities, and internal road network(including bicycle paths and park and ride lots), and other extended County facilities and services as provided in Government Code sections 25210.4, et seq. Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported by benefit assessments. On October 14, 1997, the Board of Supervisors adopted Resolutior97/552 setting a public hearing to consider adopting a benefit assessment for CSA M-29. The benefit assessment will be used to finance the Extended Services. The estimated total amount chargeable to the entire district is provided in Section 5 of the "Engineer's Report for the Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment , 1997" (the "Engineer's Report") attached to this notice as Exhibit A. The amount that will be chargeable to the individual parcels that will be subdivided from the existing parcels you own is provided in Section 6 of the Engineer's Report. The basis upon which the benefit assessment was calculated is provided in Sections 5, 6, and 7 of the Engineer's Report. The benefit assessment may continue to be levied in perpetuity. The benefit assessment shall be adjusted annually to reflect the percentage change in the Consumer Price Index and the Utility Rate Index as described in Section 5 of the Engineer's Report. The Board of Supervisors will conduct a public hearing (the "Hearing") on Tuesday, December 9, 1997 at2 :00p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553 to tabulate ballots and hear any protests on the proposed benefit assessment. Procedures for returning and tabulating the ballots: A ballot is attached to this notice. A copy of this notice, the ballot and the Engineer's Report have been sent to each of the owners of property that will be subject to the benefit assessment. The ballot may be completed and mailed to the Public Works Director of Contra Costa County (the "Public Works Director"), 255 Glacier Drive, Martinez, California 94553. The ballot must be received by the Public Works Director no later than 5:00 p.m. December 8, 1997 to be considered at the Hearing. At the Hearing, the Public Works Director will deliver the ballots it receives to the Board of Supervisors. The Board of Supervisors will then consider all protests and tabulate the ballots. The Board of Supervisors will not impose the benefit assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the Hearing, ballots submitted in opposition to the benefit assessment exceed the ballots submitted in favor of the benefit assessment. In tabulating the ballots, the ballots will be weighted according to the proportional financial obligation of the affected property. Inquiries regarding the benefit assessment may be made to Mr. Epperly, Special Public Works Special Districts Coordinator of Contra Costa County, telephone (510) 331-2253. CA962040.049 r EXHIBIT C BALLOT Assessor's Parcel Nos.: Record Owner: Address: Yes, I approve of the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this ballot. No, I do not approve of the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this ballot. Signature of Record Owner or Authorized Representative of the above-identified parcels. CA962040.049 Request to Speak Form 3 ( THREE (3) MINUTE LIMIT) Complete this form and place it In the box near the speakers' rostrum before addressing the Board Name; Gh r i 5 _Tr ve,�r-� phone: ` ���� --/5500 CitY= 1 am speaking for myself_or organization: ou me Of offanitatioN CHECK ONE: I wish to speak on Agenda Item #.= Date: /,' "/Q--J7 Mr comnwill be: Soma! _Jor=a&fns . 1 wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 14, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/559 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7981, Dougherty Valley area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 7981, property located in the Dougherty Valley area, said map having been certified by the proper officials; H. Subdivision Agreement A Subdivision Agreement with Shapell Industries of Northern California, subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $6,100 Deposit made by: Shapell Industries of Northern California Auditors Deposit Permit No. and Date: #294281 (April 24, 1997) B. Surety Bond Bond Company: American Casualty Co. of Reading, Pennsylvania Bond Number and Date: #158540049 (April 2, 1997) Performance Amount: $600,900 Labor&Materials Amount: $303,500 Principal: Shapell Industries of Northern California M. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the current 1997-98 tax lien has been paid in full. SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7981, Dougherty Valley area. DATE: October 14, 1997 PAGE -2- NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf cf the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. RL:NL:mw G:\F-NGSVC\BO\BOIO-14.WPD Originator:Public Works(ES) Contact: Rich Lierly(313-2348) tit M*the this ft a true and correct appy of cc: Public Works-R.Bruno,Construction Ytl action taken and entered on the minut9e et the Current Pl Community Development f3o8rd of Supervlsom on the date shown. h P Dtnhrr 14, 1997 a T-August 14,1997 NTMSTE Shpell Industries of Northern California PHIL BATCHELOR,Clef of,the board 100 No.Milpitas Blvd.,Milpitas,CA 95035 of Supervisors and County Administrator American Casualty Company of Reading Pennsylvania P.O.Box 4132,Woodland Hills,CA 91367 Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 14, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLU'T'ION NO.: 97/560 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7979, Dougherty Valley area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 7979, property located in the Dougherty Valley area, said map having been certified by the proper officials; H. Subdivision Agreement A Subdivision Agreement with Shapell Industries of Norther California, subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: C. Cash Deposit Deposit amount: $5,200 Deposit made by: Shapell Industries of Northern California Auditors deposit permit No. and date: #294281 (April 24, 1997) D. Surety Bond Bond Company: American Casualty Co. of Reading Pennsylvania Bond Number and Date: #158540052 (April 2, 1997) Performance Amount: $512,800 Labor&Materials Amount: $259,000 Principal: Shapell Industries of Northern California III. Tag Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that.the current 1997-98 tax lien has been paid in full. b SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7979, Dougherty Valley area. DATE: October 14, 1997 PAGE -2- NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. RL:NL:mw G:\ENGS V C\BO\BO10-14.WPD Originator.Public Works(ES) Iiiatey car"that this is a true and Correct Copy Of Contact: Rich Lierly(313-2348) •tt acdon taken and entered on the minutes o the board of Supervisors on the dats shown. cc: Public Works-R Bruno,Construction ATTESTEnc nr t c)hpr 1 G. � 1997 Current Planning Community Development PHIL BATCHELCR,Ct9rk of tho board T-August 14,1997 of Supervisors and County Administrator Shapell Industries of Northern California ` 100 No.Milpitas Blvd.,Milpitas,CA 95035 ■��J_ DeDutY American Casualty Company of Reading Pennsylvania P.O.Box 4132,Woodland Hills,CA 91367 3 _ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 14, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None - ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/561 SUBJECT: Approval of the Final Maps,Subdivision Agreement, and Soundwall Construction Agreement for Subdivisions 7796 and 7980, Dougherty Valley area. The following documents were presented for Board approval this date: I. Maps The Final Map of Subdivision 7796, property located in the Dougherty Valley area, said map having been certified by the proper officials; and the Final Map of Subdivision 7980, property located in the Dougherty Valley area, said map having been certified by the proper officials; H. Subdivision Agreement A Subdivision Agreement with Shapell Industries of Norther California, subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement. Accompanying said Subdivision Agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $59,700 Deposit made by: Shapell Industries of Northern California Auditors Deposit Permit No. and Date: #294281 (April 24, 1997) - $57,300 9302256(September 30, 1997) - $2,400 B. Surety Bond Bond Company: American Casualty Company of Reading, Pennsylvania Bond Number and Date: 158774790 (September 25, 1997) Performance Amount: $5,911,300 Labor&Materials Amount: $2,985,500 Principal: Shapell Industries of Northern California 7 1 SUBJECT: Approval of the Final Maps, Subdivision Agreement, and Soundwall Construction Agreement for Subdivisions 7796 and 7980, Dougherty Valley area. DATE: October 14, 1997 PAGE -2- III. Soundwall Construction Agreement A Soundwall Construction Agreement with Shapell Industries of Northern California, subdivider, whereby said subdivider agrees to complete all improvements as required in said Soundwall Construction Agreement within one year from the date of said agreement. Accompanying said Soundwall Construction Agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $1,430 Deposit made by: Shapell Industries of Northern California Auditors Deposit Permit Number and Date: 297178 (June 19, 1997) B. Surety Bond Bond Company: American Casualty Company of Reading, Pennsylvania Bond Number and Date: 9158540102 (April 7, 1997) Performance Amount: $141,570 Labor and Materials Amount: $71,500 Principal: Shapell Industries of Northern California IV. Tax Letters Letters from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said maps and that the current 1997-98 tax liens has been paid in full. NOW THEREFORE BE IT RESOLVED that said subdivisions, together with the provisions for their design and improvement, are DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Maps are APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said Subdivision Agreement and Soundwall Construction Agreement are also APPROVED. RL:NL,.— mun O e nKNI IQ•U n Ifte OOHId tnd 7y1h9 l* GAENGSVC,BO\BO10-14.WPD � etshown.Uut�s Ortglnator-. Public Works(ES) booat$�ry{Hgi an ft date Contad: Rich Ucly(313-2348) ATTESTED. (k'tnhAr 14, 190 cc: Public Works.R Bruno,Construction PHIL BATCHELOR.Clerk Of the hoard C—.rd Planning,Conar unity Development T-August 14,1997 of Supervisors and Canty Administrator Shapell Industria ofNorthem California 100 No.Milpitas Blvd.,Milpitas,CA 95035 "_� American Casualty CompaM of Reading Pacuylvania eputy P.O.Box 4132,Woodland Hills,CA 91367 '