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HomeMy WebLinkAboutMINUTES - 12022003 - C157 G��Ia7/ TO: BOARD OF SUPERVISORS Contra FROM: Steve Weir, Clerk-Recorder Costa DATE: October 10, 2003 ,;. oUnt ,/ SUBJECT: Refund of Overpayment of Transfer Taxes SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE the refunds of overpayment of transfer taxes and AUTHORIZE the County Auditor-Controller to issue warrants in the amounts and to the parties listed. FINANCIAL IMPACT: $6,737.50 refund of overcoliected funds. REASONS FOR RECOMMENDATION/BACKGROUND: The County Recorder, having advised that funds to cover the payment of the Documentary Transfer Tax when recording certain grant deeds have deposited in excess of the amount required under the law, and having requested that the County Auditor-Controller be authorized to issue warrants refunding the following amounts: First American Title Insurance Company $6,600 6665 Owens Dr. Pleasanton, CA 94568 Your#611017 Our# 2003-251325 North American Title Company 137.50 1605 Tice Valley Blvd. Walnut Creek, CA 94595 Your# 54715-53300776 Our# 2003-470171 CONSEQUENCES OF NEGATIVE ACTION: Funds due parties for overpayment. CONTINUED ON ATTACHMENT: I YES SIGNATURE: :�L_24� _-. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER d' SIGNIATURE(S): ACTION OF VA D ON We mber 2, 2(X}3 APPROVEDCOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS{ABSENT None ENTERED COPY OF AN :ACTION TAKEN ANC? ENTERED ON MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: Contact: B. Chambers 6-2363 ATTESTED:(DATE) December 2, 2003 cc: JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS Recorder AND COUNTY ADMINISTRATOR Auditor-Controller gY�,��� t � , ! .. Deputy ' . ' DEMAND �l on mu T�uov,roxthe �� - �@0��T� 0P �0�l[Q& K�QSl[� ` 1U/3vl3 Mnuv By:. STATE OF CALIFORNIA DATE 0xth Airrioan Title Cnipffy NAME (LAST) (FIRST) IMPORTANT ItD5Tim Valley IDnd See Instructions on Reverse Side ADDRESS WOznt Qeck' C&94595 CITY, STATE ZIP CODE For the sum of cosd fifty amts Dollars I37'50 As itemized below: DATE DESCRIPTION AMOUNT 9/19/03 a-ander m-w�y. (see er-losed letter) $137.50 The undersigned under the penalty of perjury states: That the above claim and the items as therei t out are true and correct; ^ is due, and that the S is presentqd Vilthin one __- -- ,_' thereof has _-- -_--__- =-'_' and that the amount- - therein _ Received,year after the last item thereof has accrued. Signe_qd VENOOR NO. .~~.,..~ ' and Expenditure_ — - _m� INVOICE WE DESCRIPTION FU#DZORO. ACCOUNT ENCUMSRA*Cf NO. JP/CJ# PAYMENT AMOUNT U, N'T TAXANLE 9 ACT!V:VY ISFEC. F!-at.I Of2couN, OUN NO, INVOICE DATE FUND/Oltll. ACCOUNT tXOUM1nkAN01 NO,JP/CJ# PAYMENT AMOUNT TAXABLE AMOUNT I TASKJOPTfONt ACTIVITY,"I SPEC. FLQ3,I DISCOUNT (015 .10/77) NORTH• 1605 Vice Valley Blvd, MAN Walnut Creek,CA 94595 eM COMPANY Phone. (925)930-8800 Fax> (925)930-9810 Date: September 19,2003 Contra Costa County Recorder's Office Escrow No.: 54725-53300776-JFF 730 Las Juntas Street Property: 1501 Skycrest Drive#4 Martinez,CA 94553 Walnut Creek,CA 94595 Buyer/Borrower: Donald E.Ross Seller: David E.Mai To Whom It May Concern:: On September 19,2003,we sent in a deed to record on behalf of our customer to transfer their title into the name of their trust(copy of deed attached). Because this was for an escrow that we just closed the day prior,the deed still had the transfer tax on there in the amount of$137.50 which was the amount we paid for the sale transfer. I am requesting a refund to North American Title Company in the amount of$137.50 for the transfer tax that was erroneously paid with this Gleed,as clearly it was a transfer from the same individual into his own trust and no tax was dtic. Please let me know as soon as possible if there is any additional documentation that you will need from us. Thanks for your time. North American Title ompany ackie Frost Escrow Officer Mon-certified document provided by Data Tree LLC,Copyright 2403,AI{rights reserved. Recording Re uest�ed B w North AiFiorican,Title Company CONTRA COSTA Co Recorder Office To. 54715-53300776 STEPHEN L. UEIR Clerk-Recorder No.`54715-53300776-.TEF DOC-- 2003-047017 1_00 1 Acct 3— North American Title ANIS WHEN RECORDED MAIL TO: Friday, SEP 15, :003 08:00:00 UAL $137.50 MIC $1.00 MoD $3.00 Mr.Donald E.Ross REC $7.00 TCF $2,00 Ttl Pd $150,50 Nbr-081758221 1501 Skycrest Drive#4 s Walnut Creek,CA 94595 SPACE ABOVE THIS LINE FOR RECORDER'S USE INDIVIDUAL GRANT DEED A.P.N,' 189-200-004 e undersigned grantor(s)declare(s): c1. 13Lntary transf;r tax is S 137.50. City transfer tax is S NONE � ) computed on full value of property conveyed,or computed on full value less value of liens and encumbrances remaining at time of sale. Unincorporated area: ( X ) City of Walnut Creek,and IR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, 'nald E.Ross, a married man as his sole and separate property reby GRANT(s)to Donald E. Ross and Judy Ross,co-trustees of the Donald E. Ross and Judy Ross Trust dated March i , 1997 following described real property in the City of Walnut Creek,County of Contra Costa,State of California: ;GAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A"AND MADE A PART HEREOF i ted September 16,2003 ATE OF CALIF RIMA, , )SS. )UNITY OFKi*_ ) Donald E.Ross J / before mc, personally appeared sonally known to me(or proved to me on the basis sof satisfactory SAA deuce)to be the person(s) whose names) is/are subscribed to the - 0GEtltlllE C.AVERY thin instrument and acknowledged to me that he/she/they executed Comm,11352164 same in his/her/thorr authorized capacity(ics), and that by t " , WTAKY NI+r.rALOO rsA Cantu Carta Cannp /her/their signature(s)on the instrument the person(s),or the entity ++r ca n,.howls tgrdtt,taoi �+ on behalf hick the persons)acted,executed the instrument. ITNES in and a of icial seal. ;nolo a (This area for official notarial seat) AIC, AX SAME AS ABOVE `ATEMENTS TO: NAME ADDRESS CITY,STATE,ZIP Non-certified document provided by Data Tree LLC,Copyright 2003,All rights reserved. 47017 . Description: The land referred to herein is situated in the State of California, County of Contra Costa,City of Walnut Greek,and is described as follows: A CONDOMINIUM COMPRISED OF: PARCEL 1: DWELLING UNIT 4 IN BUILDING NO, 1801,AS SAID UNIT IS SHOWN ON THAT CERTAIN CONDOMINIUM PLAN ATTACHED TO AND MADE A PART OF THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 30, 1969 IN BOOK 5930 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY, PAGE 731,AND AN UNDIVIDED 1154 INTEREST IN AND TO LOT 1 OF SUBDIVISION 3916,AS PER MAP RECORDED IN BOOK 127 OF MAPS, PAGES 10 AND 11, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, SHOWN AND DEFINED AS "COMMON AREA"ON THE ABOVE REFERRED TO CONDOMINIUM PLAN. EXCEPTiN'r FROM'SAID LO T 1 THE FOLLOWING: ALL MINERALS, OIL, GAS, PETROLEUM, NAPTHA AND OTHER HYDROCARBON SUBSTANCES LYING IN OR UNDER OR THAT MAY BE PRODUCED FROM SAID LAND BELOW A DEPTH OF 500 FEET(MEASURED VERTICALLY)BELOW THE PRESENT SURFACE OF SAID LAND,TOGETHER WITH ALL NECESSARY AND CONVENIENT RIGHTS TO EXPLORE FOR, DEVELOP, PRODUCE, EXTRACT AND TAKE THE SAME INCLUDING THE. EXCLUSIVE RIGHT TO DIRECTIONALLY DRILL INTO AND THROUGH SAID LAND FROM OTHER LANDS AND INTO THE SUBSURFACE OF OTHER LANDS,ALL SUBJECT HOWEVER, TO THE CONDITIONS AND LIMITATIONS THAT, IN THE ENJOYMENT OF THE INTEREST HEREBY RESERVED, THE GRANTOR, ITS SUCCESSORS AND ASSIGNS MAY NOT ENTER UPON THE SURFACE OF SAID LAND, NOR UPON THE SUBSURFACE THEREOF ABOVE A DEPTH OF 500 FEET(MEASURED VERTICALLY)BELOW THE PRESENT SURFACE OF SAID LAND, AS RESERVED IN THE DEED FROM TERRA CALIFORNIA,;.RECORDED JANUARY 6, 1970 IN BOOK 6038, AT PACE 322, OF OFFICIAL RECORDS. PARCEL 2: TOGETHER WITH, AND AS AN APPURTENANCE TO PARCEL 1 ABOVE, NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS, PUBLIC UTILITIES, SEWERS AND FOR ALL PURPOSES INCIDENTAL THERETO, INCLUDING BUT NOT LIMITED TO THE CONSTRUCTION, INSTALLATION, REPLACEMENT, REPAIR, MAINTENANCE, OPERATION AND USE OF ALL NECESSARY OR DESIRABLE ROADWAYS,SIDEWALKS AND CONDUITS,ALL AS DESCRIBED AS PARCEL 2 IN THAT CERTAIN DEED OF TRUST, RECORDED AUGUST 25, -569, IN BOOK 5548 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY, PAGE 483, INSTRUMENT NO. ra0367. PARCEL 3: AN EASEMENT FOR SEWER PURPOSES,TOGETHER WITH THE RIGHT TO REPAIR AND MAINTAIN SAID EASEMENT,OVER TWO STRIPS OF LAND, 5 FEET IN WIDTH, THE CENTER LINE OF EACH IS DESCRIBED AS FOLLOWS: 1. BEGINNING ON THE SOUTHEAST LINE OF SKYCREST DRIVE,AS SHOWN ON THAT CERTAIN PARCEL MAP FLED OCTOBER 28, 1968, IN BOOK 6 OF PARCEL MAPS, PAGE 12, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, DISTANT THEREON SOUTHWESTERLY,ALONG THE ARC OF A 482 FOOT RADIUS CURVE, 22.61 FEET FROM THE MOST WESTERN CORNER OF PARCEL 40, AS SHOWN ON THAT CERTAIN REVISED PARCEL MAP, FILED MARCH 3, 1968, IN BOOK 7 OF PARCEL MAPS, PAGE 31, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY,THENCE FROM SAID POINT OF BEGINNING, Page 3 Order No.: 54715-53300776-JFF Non-certified document provided by Data Tree LLC,Co right 2003,All rights reserved. 470171 SOUTH 5929' 1.4-EAST,52.03 FEET;THENCE SOUTH 881,00' EAST, 176 FEET;THENCE SOUTH n 55°-35'43" EAST, 30.03 FEET TO THE SOUTHWESTERN LINE OF THE ABOVE MENTIONED PARCEL 40, AND THE TRUE POINT OF BEGINNING;THENCE SOUTH 550 35'48"EAST, 106.15 FEET;THENCE SOUTH 00 38'EAST, 83 FEET TO THE POINT HEREIN DESIGNATED AS POINT"A"; THENCE SOUTH 10° 10' 10"WEST, 56.71 FEET; THENCE SOUTH 20 00'WEST,21.00 FEET TO THE MOST SOUTHERN BOUNDARY LINE OF THE ABOVE MENTIONED PARCEL 40, 2. BEGINNING AT THE ABOVE MENTIONED POINT"A";THENCE NORTH 86°40'06" EAST, 162 FEET TO A POINT HEREIN DESIGNATED AS POINT"B";THENCE SOUTH 76°20' EAST, 116 FEET; THENCE NORTH 880 07'04"EAST,78.00 FEET;THENCE SOUTH 721124'37"EAST, 13.79 FEET TO A SOUTHEAST LINE OF THE ABOVE MENTIONED PARCEL 40;THENCE SOUTH 720 24'37"EAST, 134.40 FEET TO THE SOUTHWEST LINE OF GULDEN RAIN ROAD, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP FILED APRIL 1, 1965, IN BOOK 33 OF LICENSED SURVEY MAPS, PAGE 41, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY. APN: 189-200.004 END QF DOCUMENT Page 4 Order No.: 54715-53300776-JFF ......................................................................................................................................................................................................- ................................................................................................ VENDOR NO. A/C DEMAND on the Treasury of the COUNTY OF CONTRA COSTA Made By: STATE OF CALIFORNIA DATE July 22-, 2003 First American Title IAIAt tn: clVlVginia BressmaWRST) IMPORTANT 6665 Owens Drive See Instructions on Reverse Side ADDRESS Pleasanton, CA 94588 CITY, STATE ZIP CODE 7-1 -I---I --1 -1 1 For the sum of Six thousand six hundred and no/100------------------- Dollars $ 6600.00 As itemized below: DATE DESCRIPTION AMOUNT 5/29/03 On May 29, 2003 we recorded a Grant Deed as 2003-0251325 from -Wi-n-dem"L Land College District. We erroneously paid a transfer tax of $6600.00 even th-au-g1r-thL--due-d--cont-ains-t-he--trans-fe-r-t-w�--exempt ion. -- Therefore, we request a refund of the $6600.00 6600.00 The undersigned under the penalty of perjury states: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is justl �d7u , and that the»sa a is presented within one year after the last item thereof has accrued. fiAto/V-6 OA5--2-01-4,Cp 46- Signed VENDOR N09 > :tl Received, Accepted , and Expenditure Authorized )TY "C"K 11TIE"t/ FUND/One. ACCOUNT IENCUM#RA#CC No, P/Cl# PAYMENT AMOUNT SUM.N0. lRVOtCE VATS CE&CRIPTION .. ..... FUND/OR*,, ACCOUNT ENCUMBRANCE NO. Ir PAYMENT AMOUNT . . . . . . . . . . ......... r� T AMOUNT Y�Atk 007 TAXAWLC AMC SUM N .. ....... INVOICE DATE 0 SCRIPTION FU?40/04t#- ACCOUNT ENCUMINANCE NO. PIC-1, PAYMENT AMOUNT TAXASLE AMOUNT Cl OPTION ACTIVITY DISCOUNT TASK OF ITY JBPEC. FL6 ... ............ .................. ........... D15 R e v.10/7 7) ....... . . . .... ... ..................... ........... .......................... NMERIC, FirstAmerican Title Insurance Company www.firstam.com • NYSE:FAF -1 r= July 22, 2003 California Research and Recording AUUG I Attn: Darla 715-A Ferry Street Martinez, CA 94553 Re: Escrow No. 611017 Your Reference: Demand for Refund Dear Darla: In connection with the above referenced escrow, enclosed please find the following: 1. Demand for refund from Contra Costa County 2. Copy of recorded deed Would you please submit this to the recorder to get our money back. Please let me know if we need to do anything else. How long do they think it will take? I'm at 925- 201-6605. Thank you very much. Sincerely, Vi is Bressman Senior Escrow Officer Eric. 6665 Owens Drive,I'leasanton,CA 94588 (925)460-8228 Fax(925)463-9693 .............................I.....................................................................................................................................I....................................- .................................................................. ...... DO NOT RECORD FILER REQUESTS DO NOT RECORD STAMP VALUE DECLARATION OF TAX DUE: SEPARATE PAPER: (Revenue &Taxation code 11932-11933) OTE: This Declaration is not a public record. DOCUMENT# FILE NO.; 0129-611017ALA(VB) DATE: May 28, 2093 Property located in: 1112912003120038251325 x Unincorporated City of APN: 223-100-020 Portion DOCUMENTARY TRANSFER TAX $6600 Computed on full value Computed on full value less liens or encumbrances remaining at time of sale. CITY CONVEYANCE TAX $0 "I declare, under penalty of perjury, under the laws of the State of California that the foregoing is true and correct." Date: �Vlirinia Bressman For:First American Title Company ' rRFC&DWG REQUESTED BY,,,f FIRST AMERICAN TITLE Alloll RECOVDING REQUESTED BY AND WHEN RECORDED RETURN TO;AND: 1111 IIII I MAIL TAx STATEMENTs To: CONTRA COSTA Co Recorder Office STEPIN L, gEIR, Clerk-Recorder Contra Costa Community College District TQC-- 26o3-0251325 0 500 Court Street Cheek Number Martinez,CA 94533 Thursday, MAY 29, 2003 12:32:00 Attn: Chancellor MIC $1,06IM00 $20.0 s � c gza.erre 7C1= $19,00"¢ Recorded for the benefit of Contra Costa Community Ttl Pd X64,00 Nr�� t1� 2 mom/R3/1-20 College District No fee under Government Code§ 27383 No documentary transfer tax under Revenue& Taxation Code § 11922 (Space above this line for Recorder's use) GRANT DEED FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, WINDEMERE BLC LAND COMPANY LLC, a California limited liability company("Grantor"),hereby grants to Contra Costa Community College District, a California Community College District("Grantee"), the real property located in the County of Contra Costa, State of California, described on E.chibit A attached hereto and made a part hereof(the"Property") This conveyance is subject to the express condition that Grantee and Grantee's successors and assigns shall continuously use the Property only for the Sole Permitted Use, as defined below, unless otherwise agreed to in writing by Grantor or Grantor's successors or assigns. As used in this Grant heed, "Sole Permitted Use"means the use of the Property by a public or private institution for educational purposes, including schools and libraries, and incidental commercial uses approved by Grantor,but in no event shall such use include the use of: industrial machinery or processes involving Hazardous Materials(defined herein)other than Hazardous Materials customarily used or stored in connection with facilities similar to the facilities described herein and which Hazardous Materials exist only in reasonable quantities and are stored,contained, transported, used,released, and disposed of reasonably and without violation of any Environmental Laws; or involve odors,noise,vibration or visual nuisances that can be perceived outside of the Property;or the use of electronic devices interfering with television,radio, data or other signal reception outside of the Property. As used herein, "Hazardous Materials"shall include any substance,material or waste which is or becomes designated, classified or regulated as being"toxic"or"hazardous"or a"pollutant"or which is or becomes similarly designated,classified or regulated, under any Environmental Law(defined herein), including asbestos, petroleum and petroleum products. "Environmental Law"means any law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment including, without limitation CERCLA(Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976). Grantor, and Grantor's successors and assigns,and their respective employees;and ,titin: Contra Costa,CA Document-Year.DocfD 2003.251325 Page: 1 of 20 ,c docs Comment: . T //'� 25132 5 ,ave the right,upon reasonable notice to Grantee, to enter and inspect the Property e of confirming Grantee's compliance with the Sale Permitted Use. The forth herein shall be binding on Grantee and all persons or entities claiming ler Grantee during the term of such person's or entity's ownership of all or any Property,in perpetuity. itee conveys,transfers or grants any right,title or interest in the Property or any f to any third party, the instrument conveying such right, title or interest shall arictions described in this Grant Deed. >r, or Grantor's successors and assigns,may enforce compliance with the d obligations contained in this Grant Deed by proceedings at law or in equity :rson violating or attempting to violate these provisions,either to compel :strain such violation and/or to recover damages. If any action is brought to :rpret the provisions of this Grant Deed, the prevailing party in such action shall be ever from the losing party reasonable attorneys' fees and costs hereby specifically reserves unto itself and unto its successors and assigns a blanket easement in grass(the"Telecommunications Easement")over: (i)those Property which have been or may be dedicated or offered for dedication to a entity other than Grantee for use as public streets or other public uses,whether n or offer of dedication occurs on any recorded subdivision map or otherwise :he"Public Access Areas"); and (ii)those portions of the Property which extend Public Access Area to any improvements constructed on the Property that adjoins ccess Area("Improved Sites"), which Telecommunications Easement may be used the construction, installation,repair,replacement,operation,upgrade, maintenance, and removal of telecommunications, data transfer, cable television, band and narrowband radio frequency transmitting and receiving facilities not limited to cellular telephone,personal communications service,wireless .met access and other wireless systems), and similar communications systems and iding,without limitation,underground wires, conduits, cables, antenna and ictures,related electrical, electronic,optical, and similar equipment,vaults, :Iters and other similar enclosures necessary or useful for the distribution of audio, other data or other signals, information,or content by electrical, light wave,radia other means(the"Telecommunications Facilities and Equipment"). The rations Easement is freely transferable by Grantor,in whole or in part,to any other n, and may thereafter be transferred, in whole or in part,by any such person to any egardless of whether any such person owns any property within or contiguous ;rty. hstanding the foregoing: (A)the'Telecommunications Easement shall, to the bly feasible in light of operational and technical requirements,be located itiguous with other easements granted for the provision of telephone, cable :er, and electric utilities and similar services to the Property or the Improved Sites; action,installation,repair,replacement, operation,upgrade, enhancement, and removal of the Telecommunications Facilities and Equipment shall conducted ler as to minimize,to the extent reasonably feasible in light of operational and :�A document-Year.Doc[D 2003.251325 Page: 2 of 20 251325 technicat'requirements,interference with Grantee's development of the Property, the reasonable ase and enjoyment of any Improved Site by the owners thereof,and the operation,maintenance and repair by any public agency of any Public Access Area; and(C) Grantor and its successors and assigns shall repair any damage to the Property or any Improved Site resulting from such person's activities hereunder. All of the Telecommunications Facilities and Equipment shall at all times be and remain the property of Grantor and shall not be considered fixtures of the Property or any Improved Site. Neither Grantee,nor the owner of any Improved Site or any third party,shall have any right or interest in the Telecommunications Facilities and Equipment except as expressly agreed to in writing by Granter. Grantee shall not use,tamper or interfere with the Telecommunications Facilities and Equipment except as specifically permitted by Grantor and shall use reasonable care not to damage the Telecommunications Facilities and Equipment. Nothing herein shall be deemed to constitute any promise by Grantor, express or implied, to install or operate the Telecommunications Facilities and Equipment at all or in any particular manner. Grantor may construct, install,repair, replace,operate, upgrade,enhance,maintain, and remove any Telecommunications Facilities and Equipment, and any such Telecommunications Facilities and Equipment may be owned,leased,or licensed by Grantor,in its sole and absolute discretion. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Contra Costa,CA Document-Year DocfD 2003.251325 Page: 3 of 20 Ics Comment: ............................................................................................................................................................................................. .................................................................................... 251325 Executed as of thisZq day ofW, 2003. GRANTOR.- WINDEMFRE BLC LAND COMPANY LLC., a California limited liability company By: Brookfield Bay Area �&,gs LLC, ' a Delaware limited liaZ'. company Member By: \'4' nr 'ey A4U Its: By: It By: Centex Homes, a Nevada general partnership Member By: Centex Real Estate Corporation, a Nevada corporation Managing General Partner ts: By: L -OBS Windemere, LLC, a Delaware limited liability company Member By: Lennar Homes of California, Inc., a California corporation Managiqg,Member By: Its: Uf tl(- R2CQiARAI-t- )escription: Contra Costa,CA Document-Year.DocID 2003.251325 Page: 4 of 20 )rder., cc docs Comment: 11 _...... ......._. ......... ......... ......... ......... ......... ......... ..... .... .. ... ......... . ......... ..._..... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... _. _._................ State i;f � s : ) 251325 ss. County of f;...� j ) On �' before personally ared iersonally known to me,or /Cl proved to me on the basis of satisfactory evidence to be the person(%<whose names/ - subscribed to the within instrument and acknowledged to me that he/ 14ey executed the same in him authorized capacity(-ie�, and that by his/her4heir signature,*on the instrument the person);or the entity upon behalf of which the person -acted, executed the instrument. WITNESS my hand and official seal (Seal) �.....� ` T.AUSTIN Commission# 1378739 Notary Public - California � ` Contra Costa County r My Comm,Expires Oct 7,2006 State offii. 3fa C ) ss. County of CcDAu2;l tEAQ—_ ) On before me, 1�-' s personally appe ed Si k , personally known to me,or (Cl proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)ieare subscribed to the within instrument and acknowledged to me that'iw'rsi hey executed the same in his4=/their authorized capacity(ies), and that by4i•&4w/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (Seal) T.AUSTIN 4 Commission# 1378739 Notary Public -California Contra Costa Couty aMyCornm.ExpirasOct7�mi Description: Contra Costa,CA Document-Year.DociD 2003.251325 Page: 5 of 20 Order cc docs Comment: 251325 ate of ss. )unty ofcoi'� � I before me, rsonal&-pp aced 7� _ personally known to me,or proved to me on the basis of satisfactory evidence to be the person,4 whose nameK is/we bscribed to the within instrument and acknowledged to me that he%lwthey executed the same in Aww44e4 authorized capacity{,and that by hisA46rAhair signaturq„*on the instrument the rsonW or the entity upon behalf of which the person(S�'acted, executed the instrument. ITNESS my hand and official seal (Seal) T AUSTIN Commission# 1378739 [ Notary Pub<'ic - Cotifornia Contra Costa County -- MY Comm,Expires Oct 7.2006 rte of ) "",r„'�„"4 t ) ss. )linty of ) 1 before me, 5 rsonally appeared personally known-to me, or proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are bscribed to the within instrument and acknowledged to me that he/she/they executed the same in ;/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the rson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand and official seal (Seal) ntre Costa,CA Document-Year.DoclD 2003,251325 Page: 6 of 20 Comment: _.... ......... ......... ......... ......... ......... ......... ......... ......... ......... .- _ _ . ... ........................... _._.._... . ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... Exhibit A to Grant Deed ` Legal Description 251325 1 Description: Contra Costa,CA Document-Year.DocID 2003.251325 Page: 7 of 20 Order: cc docs Comment 251325 Exhibit"A" Real property in the unincorporated area of the County of Contra Costa, State of California, described as follows Parcel One: Being a portion of Lot 20, as said Lot 20 is shown on the Map of Subdivision 7976, recorded November 16, 2001, in Map Book 436, at Page 29,as corrected by Certificate of Correction recorded January 17, 2003, as Instrument No. 2003-27687, Contra Costa County Records,and is more particularly described as follows. Commencing at the Eastern corner of said Lot 20; Thence,from said point of commencement, along the Northeastern line of said lot 20, North 62033'58" West 195.87 feet to the point of beginning of this description; Thence, from said point of beginning, leaving said Northeastern line, South 27126'02"West 329.92 feet; Thence, South 62033'58"East 3.58 feet, Thence, South 27°26'02"West 191..67 feet; Thence, North 62°33'58"West 140.00 feet; Thence, South 27026'02"West 74.92 feet; Thence, North 62133'58"West 404.85 feet; Thence North 35030'46"West 180,42 feet; Thence, North 541029'14"bast 293.44 feet to a point on said Northeastern line of said Lot 20; Thence, along said Northeastern Line,The following Five(5)Courses: 1) North 79006'07"East 305.07 feet; 2) North 45039'24"East 157.02 feet; 3) Along the arc of a non-tangent 93.50 foot radius curve to the left, from which the center of said curve bears South 44020'36"East, through a central angle of 142051'28", an arc distance of 233.13 feet; 4) Along the arc of a reverse 118.11 foot radius curve to the right,from which the center of said curve bears South 07012'04"East, through a central angle of 34138'06",an arc distance of 71.40 feet; 5) South 62133'58"East 70.99 feet to said point of beginning. EXCEPTING THEREFROM: The rights reserved in the Deed from Emil Gumpert,et at, to Edcel, N.V., a Netherlands Antilles corporation, recorded March 28, 1980, as Instrument No. 1980-39830,as follows: "But only as to the area lying 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, petrochemicals and other hydrocarbon substances, in, under or produced and saved from, the real property. APN 223-100-020 Affects this and other property. 'cription: Contra Costa,CA Document-Year.L7ocID 2003.251325 Page: 8 of 20 'er., cc docs Comment: 251325 GOVERNING BOARD OF THE CONTRA COSTA COMMUNITY COLLEGE DISTRICT RESOLUTION ACCEPTING GRANT DEED FROM 'W1INDEMERE BLC LAND COMPANY LLC AND AUTHORIZING ITS RECORDATION WHEREAS,the District and Windernere BLC Land Company LLC("Windemere") have entered into a Property Transfer Agreement dated April 30,2003, covering approximately seven acres ("Property"herein)of the lands owned by Windernere in the Dougherty Valley area of southern Contra Costa County,California,which is a portion of Lot 20 as shown on Subdivision 7976,filed November 16,2001, in Map Book 436 at page 29, and as corrected by Certificate of Correction recorded January 17,2003, as Instrument No. 2003-27687,Contra Costa County records,the Property being more particularly described in Exhibit"A" affixed to a copy of the Grant Deed which is attached hereto as Exhibit"1", and WHEREAS;the District and Windernere wish to conclude the transaction describedin the Property Transfer Agreement through Escrow No. 0129-611017-ALA at First American Title Guaranty Company,Pleasanton,California, and.District officials are authorized to take all appropriate steps and execute all necessary documents to achieve a close of that escrow with transfer of title to the Property from Windemere to the District, and WHEREAS,Windemere has tendered a Grant Deed for the Property which has been reviewed and found acceptable by District staff and retained legal counsel, NOW,THEREFORE,IT IS HEREBY RESOLVED by the Governing Board of the Contra Costa Community College District that the Grant Deed from Windernere dated on or about May 30, 2003,a true and correct copy of which is attached hereto, marked Exhibit"1" and made a part hereof,is hereby accepted pursuant to Education Code Section 72205 and District staff is authorized and directed to cause the same to be recorded in the Contra Costa County California Recorder's Office. PASSED AND ADOPTED this 30th day of April, 2003. President of the Governing Board of the Contra Costa Community College District iptian: Contra Costa,CA Document-Year.Doc1D 2003.259325 Page: 9 of 20 cc docs Commend _. .._... ......... ......... ......... ......... ......... ......... ..._..._. _. _. .... .......... ............ __....... .......... ......... ......._. ......... ......... ......... .......... ........ ......... 251325 1 hereby certify that the foregoing resolution was duly and regularly passed by the Governing Board of the Contra Costa Community College District at a regular meeting thereof helot on 2003. -A L!" Sec a ary,Governing Board of the Cc(n'tra Costa Community College District 0x/1612003 ascription: Contra Costa,CA Document-Year.DociD 2003.251325 Page: 10 of 20 der: cc docs Comment: 251325 Form of Grant Deed RECORDING REQUESTED BY AND WHEN REcoRDED RETURN To;AND: MAIL TAX STATEMENTS To: Attn: Recorded for the benefit of Contra Costa Community College District No fee under Government Code§ 27383 No documentary transfer tax under Government Code § (space above this line for Recorder's use) GRANT DEED FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, WINDEMERE BLC LAND COMPANY LLC,a California limited liability company ("Grantor"),hereby grants to Contra Costa Community College District, a California Community College District("Grantee"), the real property located in the County of Contra Costa,State of California,described on Exhibit A attached hereto and made a part hereof(the"Property"). This conveyance is subject to the express condition that Grantee and Grantee's successors and assigns shall continuously use the Property only for the Sole Permitted Use, as defined below,unless otherwise agreed to in writing by Grantor or Grantor's successors or assigns. As used in this Grant Deed,"Sole Permitted Use"means the use> of the Property by a public or private institution for educational purposes, including schools and libraries,and incidental commercial uses approved by Grantor,but in no event shall such use include the use of: industrial machinery or processes involving Hazardous Materials(defined herein)other than Hazardous Materials customarily used or stored in connection with facilities similar to the facilities described herein and which Hazardous Materials exist only in reasonable quantities and are stored,contained, transported,used,released, and disposed of reasonably and without violation of any Environmental Laws; or involve odors,noise,vibration or visual nuisances that can be perceived outside of the Property; or the use of electronic devices interfering with l EXHIBIT "I" we=791 4 1 ption: Contra Costa,CA Document-Year,Doc1D 2003.251325 Page: 1I of 20 cc docs Comment: 251325 ision,radio,data or other signal reception outside of the Property. As used herein, ardous Materials"shall include any substance,material or waste which is or nes designated,classified or regulated as being"toxic„or"hazardous"or a utant"or which is or becomes similarly designated,classified or regulated, under ?nvironmental Law(defined herein),including asbestos,petroleum and petroleum acts. "Environmental Law"means any law,statute, ordinance or regulation ining to health,industrial hygiene or the environment including,without limitation .CLA(Comprehensive Environmental Response,Compensation and Liability Act of ) and RCRA(Resources Conservation and Recovery Act of 1976). Grantor,and tor's successors and assigns,and their respective employees and agents,shall have ght,upon reasonable notice to Grantee,to enter and inspect the Property for the )se of confirming Grantee's compliance with the Sole Permitted Use. The .tions set forth herein shall be binding on Grantee and all persons or entities claiming gh or under Grantee during the term of such person's or entity's ownership of all or ortion of the Property,in perpetuity. If Grantee conveys,transfers or grants any right, title or interest in the Property y portion thereof to any third party,the instrument conveying such right,title or :st shall include the restrictions described in this Grant Deed. Grantor,or Grantor's successors and assigns,may enforce compliance with the etions and obligations contained in this Grant Deed by proceedings at law or in y against any person violating or attempting to violate these provisions, either to el compliance,restrain such violation and/or to recover damages. If any action is ;ht to enforce or interpret the provisions of this Grant Deed,the prevailing party in action shall be entitled to recover from the losing party reasonable attorneys' fees osts Grantor hereby specifically reserves unto itself and unto its successors and assigns a .xclusive,blanket easement in gross(the"Telecommunications Easement")over: ase portions of the Property which have been or may be dedicated or offered for -ation to a gover,.a.,c'ntal entity other than Grantee for use as public streets or other c uses,whether such dedication or offer of dedication occurs on any recorded vision map or otherwise(collectively,the"Public Access Areas')j and(ii)these >ns of the Property which extend from any such Public Access Area to any wements constructed on the Property that adjoins such Public Access Area )roved Sites"),which Telecommunications Easement may be used by Grantor for >nstruction,installation,repair,replacement,operation,upgrade,enhancement, tenance, and removal of telecommunications,data transfer,cable television,wireless tband and narrowband radio frequency transmitting and receiving facilities iding but not limited to cellular telephone,personal communications service, ess broadband internet access and other wireless systems),and similar nunications systems and facilitie&;including,without limitation, underground wires, wits,cables,antenna and supporting structures,related electrical, electronic,optical, impar equipment,vaults,equipment shelters and other similar enclosures necessary cful for the distribution of audio, video and any other data or other signals, 2 141 osta,CA Document-Year.Docl©2003.251325 Page: 12 of 20 lent: ............................................................................................................................................................................................ ................................................................................. 251325 information,or content by electrical, light wave,radio frequencies or other means(the "Telecommunications Facilities and Equipment"), The Telecommunications Easement is freely transferable by Grantor, in whole or in part, to any other entity or person, and may thereafter be transferred, in whole or in par,by any such person to any other person, regardless of whether any such person owns any property within or contiguous with the Property. Notwithstanding the foregoing: (A)the Telecommunications Easement shall, to the extent reasonably feasible in light of operational and technical requirements, be located reasonably contiguous with other easements granted for the provision of telephone,cable, television,water,and electric utilities and similar services to the Property or the Improved Sites; (B)the construction,installation,repair,replacement,operation, upgrade,enhancement, maintenance, and removal of the Telecommunications Facilities and Equipment shall conducted in such a manner as to minimize,to the extent reasonably feasible in light of operational and technical requirements, interference with Grantee's development of the Property,the reasonable use and enjoyment of any Improved Site by the owners thereof,and the operation, maintenance and repair by any public agency of any Public Access Area;and(C)Grantor and its successors and assigns shall repair any damage to the Property or any Improved Site resulting from such person's activities hereunder. All of the Telecommunications Facilities and Equipment shall at all times be and remain the property of Grantor and shall not be considered fixtures of the Property or any Improved Site. Neither Grantee,nor the owner of any Improved Site or any third party, shall have any right or interest in the Telecommunications Facilities and Equipment except as expressly agreed to in writing by Grantor. Grantee shall not use, tamper or interfere with the Telecommunications Facilities and Equipment except as specifically permitted by Grantor and shall use reasonable care not to damage the Telecommunications Facilities and Equipment. Nothing herein shall be deemed to constitute any promise by Grantor,express or implied,to'install or operate the Telecommunications Facilities and Equipipeni at all or in any particular manner.,..0bri, -litox may construct, install,repair,replace,operate,upgrade, enhance,maintain, and remove any Telecommunications Facilities and Equipment, and any such Telecommunications Facilities and Equipment may be owned, leased,or licensed by Grantor, in its sole and absolute discretion. 3 wc-79141 scription: Contra Costa,CA Document-Year.DocID 2003.251325 Page: 13 of 20 Jer cc docs Comment: Executed as of this day of , 2003. 251325 GRANrm: WiNtDEMERE BLC LAND COMPANY LLC., a California limited liability company By: Brookfield Bay Area Holdings LLC, a Delaware limited liability company Member By: Its: By: Its: By: Centex Homes, a Nevada general partnership Member By: Centex Real Estate Corporation, a Nevada corporation Managing General Partner By: Its: By: LEN-OBS Windemere, LLC, a Delaware limited liability company Member By: Lennar homes of California, Inc., a California corporation Managing.Member Its: 4 wc-79141 Description: Contra Costa,CA Document-Year.DocID 2003.251325 Page: 14 of 20 Order: cc docs Comment. _ _ State of ) Z 513?5 ss. County of ) On before me, , personally appeared 0 personally known to me,or 0 proved to me on the basis of satisfactory evidence to be the person(s)whose narne(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal (Seal) State of } } ss. County of ) On before me, , personally appeared 0 per.Ronally known to me,or 0 proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal (Seal) we-79141 Description: Contra Costa,CA Document-Year.DocID 2003.251325 Page: 95 of 20 Order: cc docs Comment: State of ) 12 513 2 5 as- County of ) On before me, personally appeared 13 personally known to me, or 0 proved to me on the basis'ofsatisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the sante in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS.my hand and official seal (Seal) State of ) ss. County of ) On before me, personalty atppeared._ 0 personally known to me,or 0 proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(es), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal (Seal) i we-?9141 Description: Contra Costa,CA Documen t-Year,DocID 2003.251325 Page: 16 of 20 Order: cc docs Comment.- __ _ Exhibit A to Grant Deed Legal (Description 251325 wc•79i4. Description: Contra Costa,CA Document-Year.DoclD 2003.259325 Page: 97 of 20 Order cc docs Comment. .....................I............................................................................................................................................................................ . ......................................................................................... 2513*25 MAY 20,2003 JOB NO. : 462-15 LEGAL DESCRIPTION WINDEMERE COMMUNITY COLLEGE PORTION OF LOT 20, SUBDIVISION 7976 CONTRA COSTA COUNTY, CALIFORNIA REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 20, AS SAID LOT 20 IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 7976, RECORDED NOVEMBER 16, 2001, IN BOOK 436 OF MAPS AT PAGE 29, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERN CORNER OF SAID LOT 20; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHEASTERN LINE OF SAID LOT 20, NORTH 62-3358" WEST 195.87 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHEASTERN LINE, SOUTH 27026' 02" WEST 329.92 FEET; THENCE, SOUTH 62033'56" EAST 3 .58 FEET; THENCE, SOUTH 27-26' 02- WEST 191.67 FEET; THENCE, NORTH 62°33' 58" WEST 140.00 FEET; THENCE, SOUTH 27°26' 02" WEST 74 .92 FEET; THENCE, NORTH 62°33' 58" WEST 404.85 FEET; THENCE, NORTH 35"30' 46" WEST 180 .42 FEET; THENCE, NORTH 54029'14" EAST 293 .44 FEET TO A POINT ON SAID NORTHEASTERN LINE OF SAID LOT 20; THENCE, ALONG SAID NORTHEASTERN LINE, THE FOLLOWING FIVE (5) COURSES: 1) NORTH 79"06' 07" EAST 305 .07 FEET; 2) NORTH 45039' 24" EAST 157.02 FEET; P \462-15\LEGXLS\LG-vC-00tL2GE0 I.WC cription: Contra Costa,CA Document-Year.DoclD 2003,251325 Page: 18 of 20 �r cc docs Comment: 25'1345 LEGAL-DESCRIPTION -MAY 20, 2003 PAGE 2 OF 2 JOB NO. : 462-15 3) ALONG TETE ARC OF A NON-TANGENT 93 .50 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 44020'36" EAST, THROUGH A CENTRAL ANGLE OF 142051'28" , AN ARC DISTANCE OF 233 .13 FEET; 4) ALONG THE ARC OF A REVERSE 118 .11 FOOT RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 07012' 04" EAST, THROUGH A CENTRAL ANGLE OF 34038' 06", AN ARC DISTANCE OF 71.40 FEET; 5) SOUTH 62°33'58" EAST 70.95 FEET TO SAID POINT OF BEGINNING, AND CONTAINING 7.11 ACRES OF LAND, MORE OR LESS. END OF DESCRIPTION �ycyfC3 LANs Ut s h Nt�. X76 CHRISTOP14ER S. HARMISON sr�r�t3f Atte` L.S. 717 6 EXPIRES: DECEMBER 31, 2003 Pr\96Y-15\L6GAf.8�LC-VC-GOLLEOHD1.Dt3C . escription: Contra Costa,CA Document-Year.docf©2003.259325 Page: 19 of 20 ` rder: cc docs Comment: 251325 CARVE TABLE NO. RADIUS DELTA LENGTH . Cl 93.50' 142'51'28" 233.13' � C2 118.11' 34'38'46" 71.40' cid 2g ¢ y LINE TALSE NO. BEARING LENGTH L1 N45'3924"E 157.02' L2 S27'26'02"W74.92' a L3 562`3358"E s- 0 LOT 12 °�s , (436 M 29) z v EX SDE/TE L2 507'12'04"E R (436 M 29) 4 SEE � L� �,-, DETAIL A SCb .� c o cry 191.67' 1 I 329.92' , llq t S27'26'02"W 1 l S27'26'02"W J 329.92 � 191.07' fN27*26'02" P08 LOT 2D C Loin w N27'26 02 DETAIL A (436 M 29) :- NTS z l BOLLINGER CANYON ROAD POC PLAT TO ACCOMPANY LEGAL DESCRIPTION COMMUNITY COLLEGE PORTION OF LOT 20, SUBDIVISION 79176 (436 M 29) COMM COSTA COMY CALHOBI U APRIL 10, 2003 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 2603 CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583 s4#sz-ted TELEPHONE: (925) 856-0322 FAX: (925) 866-6575 ------------- H:\94462\ACAD\PH 01\VILAGEC€uTER\ave ;PIAT-COLLEcEet.owc Description: Contra Costa,CA Document-Year DoclD 2003.251325 rage: 20 of 20 END W D OME NT Order: cc docs Comment: