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HomeMy WebLinkAboutMINUTES - 10172006 - SD.4 TO: BOARD OF SUPERVISORS, AS GOVERNING '_ �`-=�' Contra BOARD OF THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT o try (s Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR �oX srq,�oUK County DATE: October 17, 2006 sa 9 SUBJECT: HEARING to ADOPT Resolution No. 2006/638 approving the annexation of the Canyons at Blackhawk Territory into the Blackhawk Geologic Hazard Abatement District (GRAD) and approving the Second Amended Blackhawk GHAD Plan of Control, Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7496-6X5584 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: CONDUCT a HEARING to ADOPT Resolution No. 2006/638 approving the annexation of the Canyons at Blackhawk Territory into the Blackhawk Geologic Hazard Abatement District and APPROVE the annexation of the Canyons at Blackhawk Territory into the Blackhawk Geologic Hazard Abatement District; and APPROVE the Second Amended Blackhawk Geologic Hazard Abatement District (GHAD) Plan of Control. CONTINUED ON ATTACHMENT: D SIGNATURE: �C/" RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE f. APPROVE OTHER r SIGNATURE(S): ACTION OF BOAR OAPPROVED AS RECOMMENDED OT/ER The Chair opened_and closed the Public hearing, There were no public speakers.. Written coup eats were provided by: Walter ,j Barbara Brown, Danville ' - VOTE OF SUPERVISORS:and Gary and Sharon Zieroth, Danville. '/ I hereby certify that this is a true and correct copy V UNANIMOUS(ABSENT �(.ti N,LJ ) of an action taken and entered on the minutes of the AYES: NOES: Board of Supervisors on the date shown. ABSENT: ABSTAIN: - - - - - Contact: Eric Whan 313-2242 ED:sj G:\SpDist\Board Orders\2006-Board Orders\10-17-06 BO Blackhawk.doc ATTESTED �ryr �t2p C y 'J/'t'!1!_ JOHN CULLEN,CLERK L THEBOARDOF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator Assessor 1 \ Auditor-Controller Q,YIC/�� Community Development BY: _ _ _ DEPUTY County Counsel G' E.Doten,Special Districts Blackhawk GHAD File General Manager,Blackhawk GHAD SUBJECT: HEARING to ADOPT Resolution No. 2006/638 approving the annexation of the Canyons at Blackhawk Territory into the Blackhawk Geologic Hazard Abatement District (CHAD) and approving the Second Amended Blackhawk GHAD Plan of Control, Danville area. (Blackhawk GHAD Funds) (District III)Project No. 7496-6X5584 DATE: October 17, 2006 PAGE: 2 of 2 FISCAL IMPACT: There will be no impact to the County General Fund. Processing costs have to be covered by the applicants. All costs for the operation of Blackhawk GHAD are paid for through revenue derived from County Service Area M-23. The total estimated annual fiscal impact is $17,000 to $57,000. REASONS FOR RECOMMENDATIONS AND BACKGROUND: On April 22, 1986, the Board of Supervisors adopted Resolution No. 86/209 that extended the services to be performed by County Service Area M-23 (CSA M-23) to include geologic hazard abatement. By Board of Supervisors' Resolution No. 86/210,the Blackhawk Geologic Hazard Abatement District was formed to take over geologic hazard abatement services within most,but not all of,the M-23 geographic area. Funding for the GHAD comes from a portion of CSA M-23 revenues which are received from ad valorem tax, based upon the assessed value of all real property located within CSA M-23. Currently, all real property within the proposed area to be annexed (consisting of parcels owned by 37 individual property owners and The Canyons at Blackhawk Owners' Association)is located within the geographic boundaries of CSA M-23,but is not included within the boundaries of the Blackhawk GHAD. In order to take advantage of the GHAD services for which property owners are already paying, the Canyons at Blackhawk Owners' Association filed a Petition for Annexation of Territory into the Blackhawk GHAD, accepted the Petition for annexation and set a hearing date on the Petition (see attached). Hearing notices were sent to approximately 2,700 property owners in the Blackhawk GHAD and in the area to be annexed, pursuant to Public Resources Code Sections 26557, 26561, 26562, and26563. The area to be annexed includes 25 acres of common area, consisting mostly of sloping terrain. The annexed facilities to be maintained by the GHAD include 4,000 lineal feet of concrete v-ditches. These ditches are approximately 10 years old and are in good condition. By comparison, the v-ditches currently in the Blackhawk GHAD are approximately 20 years old. If the annexation is approved,the boundaries of the Blackhawk GHAD and CSA M-23 will be identical and the Blackhawk GHAD will be able to provide landslide prevention,mitigation and abatement services to all property owners who contribute to the GHAD's funding. The proposed Second Amended Blackhawk Plan of Control is identical to the current Plan of Control with the exception that it contains a corrected legal description of the current GHAD boundaries and a legal description of the area to be annexed. If the annexation is approved,the Second Amended Plan of Control will appropriately reflect the increased boundaries of the GHAD. CONSEQUENCES OF NEGATIVE ACTION: The owner-members of The Canyons at Blackhawk Territory have been supporting GHAD activities through property taxes for CSA M-23, however, they are not within the Blackhawk GHAD nor have they received the benefits that the GHAD provides. If the Blackhawk GHAD Governing Board does not proceed in this matter;The Canyons at Blackhawk Territory will be denied the benefits of landslide prevention,mitigation and repair provided by the Blackhawk GHAD and it could potentially place the Canyons at Blackhawk Territory at risk. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF DIRECTORS FOR THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on October 17, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/638 SUBJECT: ADOPT Resolution No. 2006/638 approving the annexation of the Canyons at Blackhawk Territory into the Blackhawk Geologic Hazard Abatement District(GHAD) and approving the Second Amended Blackhawk GHAD Plan of Control,Danville area.(Blackhawk GHAD Funds)(District I11)Project No. 7496-6X5584 (Pursuant to Division 17 of the Public Resources Code with particular reference to Chapter 1 (commencing with Section 16500) and Chapter 2, Article 3 (commencing with Section 26550) and Article 4(commencing with Section 26561) RECITALS: A. On April 22, 1986,the Board of Supervisors adopted Resolution No. 86/210,approving and ordering the formation of the Blackhawk Geologic Hazard Abatement District and appointing itself to act as the Board of Directors of the GHAD (GHAD Board). B. On September 26,2006, the GHAD Board was presented with a Petition for Annexation of Territory to the Blackhawk GHAD(GHAD Petition)by the Canyons at Blackhawk Owners' Association. In connection with the proposed annexation, the GHAD Board was also presented with a proposed Second Amended Blackhawk GHAD Plan of Control which is on file at the Clerk of the Board and the Public Works Department. C. On September 26,2006,the GHAD Board adopted Resolution No. 2006/545 accepting the Petition and accepting the Second Amended GHAD Plan of Control and setting a hearing for October 17,2006 to consider the proposed annexation and proposed revisions to the Plan of Control. This hearing was noticed in accordance with Public Resources Code sections 26562 and 26563. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ED:sj � !y G:\SpDist\Board Orders\2006-Board Orders\10-17-06 BO Blackhawk(2) Reso.dOC ATTESTED: Oct"a LJ1(��.1 I l Orig.Dept.:Public Works(Special Districts) Contact: Eric Whan (313-2242) JOHN CULLEN,Clerk of the Board of upervisors and cc: County Administrator County Administrator County Counsel Blackhawk GHAD File E.Doten,Special Districts B General Manager,Blackhawk GHAD y Deputy RESOLUTION NO. 2006/638 SUBJECT: ADOPT Resolution No. 2006/638 approving the annexation of the Canyons at Blackhawk Territory into the Blackhawk Geologic Hazard Abatement District(GRAD), Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7496-6X5584 DATE: October 17, 2006 PAGE: 2 of 2 D. On October 17, 2006,the GHAD Board held a public hearing on the proposed annexation. At the time set for the hearing,the GHAD Board was presented with any and all objections to the annexation made pursuant to Public Resources Code Section 26564. THE BOARD OF DIRECTORS OF THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT RESOLVES AND ORDERS THAT: 1. At the hearing, owners of more than 50 percent of the assessed valuation of the property to be included into the Blackhawk GHAD did not object to the annexation or the proposed Second Amended Blackhawk Plan of Control. 2. The GHAD Board hereby approves the annexation of the Canyons at Blackhawk Territory to the Blackhawk GHAD as described in the GHAD Petition subject to the adoption of a resolution approving the annexation by the Board of Supervisors of Contra Costa County as required under Public Resources Code Section 26581. 3. The GHAD Board approves and adopts the Second Amended Blackhawk GHAD Plan of Control, which supersedes all prior versions of the Plan of Control in its entirety. 4. This Resolution shall become effective immediately upon its passage and adoption. 10/16/06 14:40 FAX _ _ _ _ _ _ 10002 TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF THE BLACKIIAWK GEOLOGICAL HAZARD ABATEMENT DISTRICT FROM: Sharon&GaryLierotb 356 Red Maple Drive Danville,California 94506 Parcel#2035300751 T05435 1,0110 B DATF,: October 15,2006 SUBJECT: RESOLUTION NO. 2006/545 REGARDING THE PETITION BY THE CANYONS AT BLACKHAWK OWNERS' ASSOCIATION FOR ANNIJXATION OF TERRITORY TO THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT AND THE REVISIONS TO THE BLACKHAWK GRAD PIAN OF CONTROL Paragraph(g)of the subject Petitions advises that the"Petitioner does not anticipate that the annexation of the proposed territory will result in additional significant expense to the GHAD in preventing,mitigating,abating or controlling any geologic hazards in the territory to be annexed." However,the information provided by Petitioner does not establish a factual basis for this conclusion The Berlogar Geotechnical Consultant's geotechnical investigation that is referenced is dated July 19, 1989. This investigation should be updated with a current investigation based on the existing conditions and an updated assessment for the,future based on the performance of the developments to date. Paragraph(g)of the subject Petition also advises that"[r]eview of the records maintained by the [Canyons] Association for all properties proposed to be annexed revealed no incidences of geologic activity since original development of the Association." Attached is a copy of nine photographs taken last Friday on Blaekhills Place that indicate several roadway cracks up to VF' width and hillside slippage above the roadway. The close-up photo of one of the larger roadway cracks indicates that additional cracking occurred after previous roadway crack repairs. The Board should defer a decision on this Petition pending the Petitioner providing the additional investigations and information necessary to adequately evaluate this Petition and revised Blackhawk GRAD Plan Signed: Shiro/n ZierotH G ,--a rStlt Wafter&Barbara Brown 528 Buttonwood Drive Danville, CA 94506 October 13, 2006 Richard Short Blackhawk GHAD 4125 Blackhawk Plaza Circle Suite 103 Danville, CA 94506 Subject: Annexation of Territory to Blackhawk GHAD Dear Mr. Short, As a homeowner and member of Blackhawk, t am writing to you to express my objection to the annexation of the Canyons at Blackhawk to the Blackhawk GRAD. The report subMitted to the Homeowners contains old information, in particular the Berlogar Report that was done years before the hillsides were modified extensively by the Canyons developer. As you know, our hills are unstable and the danger of failure is real. As an engineer, and having worked in the mining industry the last couple of decades along side several Registered Geologists, I do not feel I am being unreasonable_ am not interested in taking on liability regarding that parcel of land, and object to the proposed annexation. Very truly yours, /" t rte, Walter Brown Barbara Brown Lot 8 Subdivision 5439 Map Book 229, page 1 Contra Costa County Records X o N O K '++ L LI IL Z c CL r _ J U Cl) CL C LU C N L � O W o w o � co y m L ~ � a N y v N O •� U r, Lu r.. , ® N O �O U 1� Q' � O � C a Q MM Q a I O Q C m N (6 O .0 O N O C Y l7 O 0 m O Y � w U O m O O U N @ v (6 _r_ O U 0 0 m O Q O i N C Z CO d T> m I O O C N T (0 cO co o 0 � .(n .(n N M c6 O oN cD m U H c p '! p p L p Q > � M 0) O ( UC 6 W d Q X U Q � 'C IL tZ Q QQ � WI E E U co ca cv _ y Or) r0) rOi' Oo LL LL 0 0) v E of:6i 0) �' p i O � � � U) a_ 0 0 HEARING CONFIRMATION FORM Hearing Date: October 17, 2006 Name of Person Phoning to Request Hearing: Eric Whan Phone No.: 313-2242 Hearing Date Confirmed with: Emy Sharp of Clerk of the Board Staff on: September 19, 2006 Agenda Language (how it will read on the calendar): ADOPT Resolution 2006/545 accepting the Canyons at Blackhawk Owners' Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GRAD), accepting the Second Amended Blackhawk GRAD Plan of Control, and fixing a hearing for October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7496-6X5584 1. Anticipated length of the hearing: 5 minutes or less X or more 2. Is it controversial'? Yes No X 3. Noticing Requirements: Yes_ Code Section: to be provided directly to the Clerk of the Board by Beatrice Liu, County Counsel Office 4. Publication Requirements: # of times . # of days before hearing N/A 5. Who is to Publish the Notice? COB PWD X ft is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution,the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. 6. If posting of notice is required, who will post? N/A 7. If mailing the notice is required, who will provide the clerk with the correct mailing list and labels? N/A 8. When will this "fix hearing item" be listed on the Board agenda as a consent item? September 26, 2006 0 0 r' "Samantha Johnson" To: <eshar@cob.cccounty.us> <sjohn@pw.cccounty. cc: "Joellen Waters"<jwate@pw.cccounty.us> (=rw: us> Subject: Hearing Confirmation Form 09/20/2006 02:10 PM Emy, Here is the Hearing Confirmation Foam for the October 17, 2006 bearing for Blackhawk. Please let ime know if you need any additional information. Samantha Johnson Clerk-Experienced Level Contra Costa County Public Works Department Special Districts/Environmental 255 Glacier Drive Martinez, CA 94553-4825 Phone: (925) 313-2170 Fax: (925) 313-2333 email: siolrn(r)pw.cccount�us website: www.co.contra-costa.ca.tis/depart/pw "Accredited by the American Public Works Association" 0 09-26-06 BO Blackhawk Hearing Conf Rec TO Contra BOARD OF SUPERVISORS, AS GOVERNING ,fit}__';- '�_=o�, BOARD OF THE BLACKHAWK GEOLOGICAL %t HAZARD ABATEMENT DISTRICT Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR rA �o�K County DATE: September 26, 2006 SUBJECT: ADOPT Resolution 2006/545 accepting the Canyons at Blackhawk Owners' Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GRAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7496-6X5584 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: " 1. ACCEPT the Canyons at Blackhawk Owners' Association Petition for Annexation of Territory into the existing Blackhawk GHAD; 2. ACCEPT Second Amended Blackhawk GHAD Plan of Control; CONTINUED ON ATTACHMENT: El SIGNATURE: _ '-✓ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,y- APPROVE OTHER SIGNATURE(S): ACTION OF BOA D ���a 3,,6G�oZG OVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON V UNANIMOUS(ABSENT /V° 79 ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: - NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: ED:sj G:\SpDist\Board Orders\2006-Board Orders\09-26-06 BO Blackhawk.doc ATTESTED a�/ Q2,"-,,6� JOHKCULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator Assessor Auditor-Controller Community Development BY: ,DEPUTY County Counsel E.Doten,Special Districts _ Blackhawk GHAD File General Manager,Blackhawk GHAD Attachments: A–Petition for Annexation of Territory B–Second Amended Blackhawk GHAD Plan of Control C–Blackhawk GHAD General Manager Letter Dated September 8, 2006 re:The Canyons at Blackhawk Annexation Documents SUBJECT: ADOPT Resolution 1U06/545 accepting the Canyons at B1ackRawk Owners' Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Black-hawk GHAD Funds) (District III) Project No..7496-6X5584 DATE: September 26, 2006 PAGE: 2 of 3 RECOMMENDED ACTION: (continued) 3. ADOPT attached Resolution 2006/545 fixing hearing on aforementioned Petition for Annexation and directing notice thereof be mailed to each owner of real property proposed to be annexed to the Blackhawk GHAD and to each owner of real property currently within the GHAD boundaries 4. FIX a Public Hearing for October 13, 2006 at 9:30 a.m. in Room 107 of the Board of Supervisor's Chambers,651 Pine Street, Martinez, California, to consider the proposed annexation of territory into the existing Blackhawk GHAD, and to hear any written objections thereto; and 5. DIRECT the Public Works Director, or designee, to mail, a written notice of the hearing on the Petition for Annexation along with a copy of the petition and proposed resolution to all owners of real property within the proposed district pursuant to Public Resources Code.Sections 26557, 26561, 26562 and 26563. FISCAL IMPACT: There will be no impact to the County General Fund. All costs for the operation of Blackhawk GHAD are paid for through revenue derived from County Service Area M-23. The GHAD manager anticipates a fiscal impact to the GHAD of about$5,000 annually to inspect and clean the v-ditches. The GHAD manager further anticipates the cost of cleanup of debris flows to be$10,000 to $50,000 annually. Administrative costs for addressing owner concerns (based on the average per unit in the Blackhawk GRAD) should total about $2,000 annually. The total estimated fiscal impact is $17,000 to $57,000. REASONS FOR RECOMMENDATIONS AND BACKGROUND: On April 22, 1986, the Board of Supervisors adopted Resolution No. 86/209 which extended the services to be performed by County Service Area M-23 (CSA M-23) to include geologic hazard abatement. By Board of Supervisors'Resolution No. 86/210,the Blackhawk Geologic Hazard Abatement District was formed to take over geologic hazard abatement services within most,but not all of,the M-23 geographic area. Funding for the GHAD comes from a portion of CSA M-23 revenues which are received from ad valorem tax, based upon the assessed value of all real property located within CSA M-23. Currently, all real property within the proposed area to be annexed (consisting of parcels owned by 37 individual property owners and The Canyons at Blackhawk Owners' , Association)is located within the geographic boundaries of CSA M-23,but is not included within the boundaries of the Blackhawk GHAD. In order to take advantage of the GHAD services for which property owners are already paying, the Canyons at Blackhawk Owners' Association filed a Petition for Annexation of Territory(Attachment A). If the annexation is approved, the boundaries of the Blackhawk GHAD and CSA M-23 will be identical. The area to be annexed includes 25 acres of common area, consisting mostly of sloping terrain. The annexed facilities to be maintained by the GHAD include 4,000 lineal feet of concrete v-ditches. These ditches are approximately 10 years old and are in good condition. By comparison, the v-ditches currently in the Blackhawk GHAD are approximately 20 years old. Blackhawk GHAD Policies and Procedures related to annexations have been followed in preparing the annexation SUBJECT: ADOPT Resolution`z006/545 accepting the Canyons at Black gawk Owners' Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7496-6X5584 DATE: September 26, 2006 PAGE: 3 of 3 materials. These procedures allow the GHAD General Manager to waive in writing,information from the applicant not otherwise required by state law. In this petition for annexation the General Manager has waived certain requirements and addressed the waivers in a letter dated September 8, 2006 (Attachment Q. In connection with the proposed annexation,revisions to the Blackhawk GHAD Plan of Control have been made to reflect the following:(1)Corrections to the legal description of current GHAD boundaries and(2) legal description of the area to be annexed into the GHAD. If adopted, the Second Amended Plan of Control (Attachment B)will replace in its entirety the current Plan of Control originally adopted on April 22, 1986 and amended on May 25, 2004. CONSEQUENCES OF NEGATIVE ACTION: The owner-members of The Canyons at Blackhawk have been supporting GHAD activities through property taxes for CSA M-23, however, they are not within the Blackhawk GHAD nor have they received the benefits that the GHAD provides. If the Blackhawk GHAD Board does not proceed in this matter,The Canyons at Blackhawk will be denied the benefits of landslide prevention,mitigation and repair provided by the Blackhawk GHAD and it could potentially place the Canyons at Blackhawk at risk. r O 0 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE BOARD OF DIRECTORS FOR THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on September 26, 2006 by the following vote: AYES: Uilkema, Piepho, DeSanlnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/545 SUBJECT: ADOPT Resolution No.2006/545 accepting the Canyons at Blackhawk Owners'Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD), accepting the Second Amended Blackhawk GRAD Plan of Control, and fixing a hearing for October 17,2006 at 9:30 a.m.,to consider the Petition for Annexation of Territory and the Second Amended Plan of Control, Danville area. (District III) Project No. 7496- 6X5584 RECITALS: A. On April 22, 1986, the Contra Costa County Board of Supervisors adopted Resolution No. 86/210, approving and ordering the formation of the Blackhawk Geologic Hazard Abatement District and appointing itself to act as the Board of Directors of the CHAD (GRAD Board). This formation was described in the GHAD Plan of Control dated April 22, 1986. B. On September 26,2006;the GHAD Board was presented with and reviewed the Canyons at Blackhawk Owners'Association Petition for Annexation of Territory to the Blackhawk GHAD. The territory proposed to be annexed into the GHAD is identified in the boundary map as shown in Appendix B of the Second Amended GHAD Plan of Control. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ED:sj G:\SpDist\Board Orders\2006-Board Orders\09-19-06 BO Blackhawk Reso.doc ATTESTED!4 Orig.Dept.:Public Works(Special Districts) Contact: Eric Whan (3-13-2242) JOHN CULLEN,Clerk of the Board of Supervisors and cc: County Administrator County Administrator County Counsel Blackhawk GHAD File E.Doten,Special Districts _ General Manager,Blackhawk GHAD - - By_�—r ' Deputy RESOLUTION NO. 2006/545 O O SUBJECT: ADOPT Resolution No. 2006/545 accepting the Canyons at Blackhawk Owner's Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (CHAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 at 9:30 a.m.,to consider the Petition for Annexation of Territory and the Second Amended Plan of Control, Danville area. (District III)Project No. 7496-6X5584 DATE:September 26, 2006 PAGE:2 of 2 C. On September 26, 2006,the GHAD Board was presented with and reviewed the Second Amended Blackhawk GHAD Plan of Control (dated August 30, 2006), which is on file at the office of the Clerk of the Board,the Blackhawk GHAD office and the Public Works Department. Revisions to the Plan of Control have been made to reflect the annexation of the Canyons at Blackhawk subdivision and adjacent open space into the GRAD. If adopted,the Second Amended Plan of Control will replace in its entirety the Plan of Control originally adopted on April 22, 1986 and amended on May 25, 2004. THE BOARD OF DIRECTORS OF THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT RESOLVES, FINDS AND ORDERS THAT: I. This resolution is made pursuant to the provisions of Division 17 of the Public Resources Code with particular reference to Chapter 1 (commencing with Section 26500),Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561) 2. The Canyons at Blackhawk Owners' Association Petition for Annexation of Territory to the Blackhawk GHAD is substantially in the form described in Section 26552 of the Public Resources Code; and the Second Amended Plan of Control is substantially in the form described in Section 26509 of the Public Resources Code. 3. The proposed revisions to the Plan of Control are exempt from the provisions of the California Environmental Quality Act(Pub. Res. Code §§ 21000 et seq.)in accordance with the Public Resources Code section 21080(b)(4). 4. It has been presented with and reviewed the Second Amended Blackhawk GHAD Plan of Control and has determined that the health, safety and welfare of the public require annexation of the proposed territory into the Blackhawk GRAD. 5. A public hearing on the filed petition, above determination, and proposed annexation will be held on October 17, 2006 at 9:30 am in the Chambers of this Board, 651 Pine Street,Martinez. . 6. The Public Works Director, or designee, shall mail a written notice of the hearing on the Petition for Annexation along with a copy of the petition and this resolution to all owners of real property within the proposed district pursuant to Public Resources Code Sections 26561, 26562 and 26563 to consider the proposed annexation and the Second Amended Plan of Control. 7. This Resolution shall become effective.immediately upon its passage and adoption. RESOLUTION NO. 2006/545 . Attachment C September 8, 2006 B LAC KHAW K GEOLOGIC Blackhawk GHAD Board of Directors HAZARD C/o Eric Whan Contra Costa County Public Works Department ABATEMENT 255 Glacier Drive Di STRICT Martinez, California 94553 RICHARD D. SHORT GENERAL MANAGER SUBJECT: The Canyons at Blackhawk Annexation Documents KLEINFELDER, INC. Ladies and Gentlemen: Pursuant to the "Policies and Procedures related to Annexations" (hereafter referred to as Policies) included in the Blackhawk GRAD "Plan of Control" we have reviewed the annexation submittal documents prepared by Hughes and Gill on behalf of The Canyons at Blackhawk Owners Association. The Policies grant the General Manager the authority to waive the requirement for any of the listed documents. The list of required documents itemized in Sections 1 and 2 on pages 2 and 3 of said Policies is presented below along with the General Manager's response. 1. Annexation proceedings shall be initiated either by a Resolution adopted by the Board, or by a petition signed by owners representing not less than 10 of the property proposed to be annexed The signature(s) on the petition shall be dated and include information sufficient to identi the signature(s) as that of the owner(s) of land within the area proposed to be annexed. GM: Requirement satisfied. Hughes & Gill, representing The Canyons at Blackhawk Owners' Association has submitted the Petition for Annexation including the signatures of five of the members of the Association. The property owned by the five members represents about.15 percent of the residential property. The common land owned by The Canyons at Blackhawk Owners' Association, the petitioners, is about 73 percent of the entire property. The sum of these two groups represents 77 percent of the entire property to be annexed. 2a.A statement that the petition for annexation is made pursuant to Division 17 of the California Public Resources Code. GM: Requirement satisfied. 4125 BLACKHAWK PLAZA CIRCLE STE.103 DANVILLE,CA 94506 925.964.0823 925.964.0825(FAX) f r a 2b.A detailed map of the area to be annexed showing property boundaries, proposed development areas and,areas proposed to be maintained as open space and assessor's parcel numbers. The area proposed for annexation into the GRAD shall be clearly identified A Plat map and legal description of the area to be annexed shall be provided in a form acceptable to the General Manager. GM: Requirement satisfied. 2c. The applicant will supply copies of any and all existing geotechnical and/or engineering reports, of which the applicant is aware, prepared in conjunction with any current or prior development proposals on the property. GM: Requirement satisfied. 2d. A proposed Plan of Control, within the meaning of Public Resources Code 26509, prepared by a certified engineering geologist describing in detail the specific geologic hazard(s) within the area to be annexed which the owners are requesting that the GHAD prevent, mitigate, abate or control and providing a plan therefore. If so requested by the General Manager, the applicant may be required to submit the proposed Plan of Control in the form of an amendment to the GIMD's existing Plan of Control. GM: Requirement waived. The existing Blackhawk Plan of Control has been revised to include a legal description and map of the annexed property. 2e. If the proposed Plan of Control identifies facilities or activities that the applicant proposes that the GRAD be responsible for installing and/or maintaining (drainage facilities, flood control detention or retention basins, retaining walls, open space or other facilities (or activities)), etc., the applicant shall provide detailed drawings of said facilities, including engineering plans and/or other documentation as may be appropriate. GM: Requirement waived. The annexed property includes approximately 28 acres of common area with approximately 1 l acres of residential property. The balance of about 1 acre represents paved streets. The common slopes have about 4,000 linear feet of concrete lined v-ditches constructed sometime after 1996. The plans provided are sufficient. 2f. An analysis of the additional expense(s) anticipated to be incurred by the GRAD in preventing, mitigating, abating or controlling said geologic hazard(s) within the area to be annexed. GM: Requirement waived. The GHAD has reviewed the property to be annexed and the site history since development. The GRAD's own fiscal analysis of the additional expenses to be incurred from the annexed territory is as follows: 4125 BLACKHAWK PLAZA CIRCLE STE,103 DANVILLE,CA 94506 Page 2 of 5 925.964.0823 925.964.0825(FAX) The proposed annexed property includes approximately 40 acres. The 40 acres includes approximately 11 acres of residential property, I acre of paved streets and 28 acres of common lands. More than half of the common lands consist of sloping terrain including 4,000 linear feet of concrete V-ditches. The v-ditches are about ten years old compared to the 22 miles of Blackhawk GHAD v-ditches which are about 20 years old. The site history records no significant Iandsiiding since development. Prior to development, the geotechnical investigation prepared for the site in 1989 identified 2 landslides within the site and 28 slides around the perimeter that could affect the site. The project grading removed or buttressed the identified slide areas. The slopes typically have an average of 2 feet of residual soils over bedded fine sandstone, siltstone and claystone bedrock. The adjoining areas of Blackhawk with similar soil and bedrock conditions have not experienced deep seated landsliding. The proposed area to be annexed, however, does have a history of and a significant potential'for debris flows in the upper residual soil layer overlaying the bedrock. The GHAD anticipates a fiscal impact of about $5,000 annually to inspect and clean the v-ditches. The GHAD anticipates the cost of cleanup of debris flows at $10,000 to $50,000 annually. Administrative costs for addressing owner concerns based on the average per unit at Blackhawk should total about $2,000 annually. The total estimated fiscal impact is between,$17,000 to $57,000. 2g. A report prepared by a certified public accountant, or other professional possessing similar qualifications, to determine the financial situation of 1) the existing CHAD, including its funding methodology and reserve accounts and 2) the area proposed to be annexed. This report shall include recommendations as to how GHAD operations in the area proposed for annexation should be funded including bonds and/or annual assessments which the GHAD will need to receive from the area proposed to be annexed in order to provide the services identified in the Plan of Control. GM: Requirement waived. The GHAD understands that funding for the GHAD comes from a portion of County Service Area M-23 revenues which are received from property taxes based upon the assessed value of all real property within the M-23 geographic area. The owners of real property within the area to be annexed are already paying into the M-23 fund. Therefore, there is no need to analyze or recommend how GHAD services in the annexed territory will be funded. The current GHAD reserve fund is approximately $2,000,000. 2h. A report prepared by a certified public accountant, or other professional possessing similar qualifications, to determine the level of financial contribution that the owners of the property proposed to be annexed should be required to pay into the existing reserve fund of the GHAD as seed funding for the additional reserve amount that will be needed for the area to be annexed. 4125 BLACKHAWK PLAZA CIRCLE STE.103 DANVILLE,CA 94506 Page 3 of 5 925.964.0823 925.964.0825(FAX) At a minimum, the calculation of the amount of contribution to the reserve account shall consider the following: % The geographic size of the area proposed to be annexed in relation to the size of the existing GRAD; and ii. An estimate or projection of the financial resources that the GRAD will require to respond to potential conditions and anticipated damage in the new area in the future due to the geologic hazard(s) identified in the proposed Plan of Control. GM: Requirement waived. See response to 2g above. 2l If applicable, copies of the conditions of approval for the project from the approving agency, indicating the requirement to form (or annex to) a GRAD. The applicant shall provide copies of the approved tentative map and/or site plans as well as grading and site improvement plans and documentation of any required environmental mitigations that might impact the GHAD's ability to prevent, mitigate, abate, or control the specific geologic hazards) identified in the proposed Plan of Control, The applicant shall provide copies of any state and/or federal agency permit requirements that might impact the GHAD's ability to prevent, mitigate, abate, or control the specific geologic hazard(s) identified in the proposed Plan of Control. GM: Requirement waived. This is an existing completed development. 2j. A formal Resolution from the governing body of the City and/or County (f appropriate) in which the property is located in support of the proposed annexation. Said resolution shall indicate the agencies' willingness to: 1) support the operations of the GHAD and, 2) when appropriate, issue the necessary permits and approvals to the GHAD as may be required to prevent, mitigate, abate or control the specific geologic hazard(s) identified in the proposed Plan of Control GM: Approval by the County's Board of Supervisors via a resolution will be sought at the October 17, 2006 board meeting. 2k. A right-of-entry to allow GHAD personnel to inspect the site prior to annexation and a statement(or description of procedures) describing how GHAD personnel will have access to individual properties for the purpose of investigating, evaluating,preventing, mitigating, abating and/or controlling the geologic hazard(s) identified in the proposed Plan of Control, once the annexation is approved. GM.- Requirement satisfied 4125 BLACKHAWK PLAZA CIRCLE STL. 103 DANVILLE,CA 94506 Page 4 of 5 925.964.0823 925.964.0825(FAX) 2L Such compensatory fees as may be applicable to the filing,processing and hearing of the petition and any financing for the services to be provided to the annexed area. GM: The Petition for Annexation states that $7,500 has been set aside for filing, processing and hearing the petition; however, such amount has not been received from Petitioner. It is recommended that a check in the amount of $7,500 be deposited with the Blackhawk GHAD's General Manager prior to setting a hearing on the Petition. Very truly yours, BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Richard Short General Manager Kleinfelder, Inc. Cc: Beatrice Liu, Deputy County Counsel Eileen Doten, Special Districts Coordinator 4125 BLACKHAWK PLAZA CIRCLE. STE.103 DANvw_e,CA 94506 Page 5 of 5 925.964.0823 925.964,0825(FAX) Attachment A O_ HUGHES M GILL PROFESSIONAL CORPORATION Michael J. Hughes John P. Gill mhughes@hughes-gill.com jgill@hughes-gill.com July 31, 2006 Richard D. Short General Manager Blackhawk Geologic Hazard Abatement District 4125 Blackhawk Plaza Circle, Ste. 103 Danville, CA 94506 Re: The Canyons at Blackhawk Owners' Association Petition for Annexation of Territory to the Blackhawk Geologic Hazard Abatement District Dear Mr. Short: On behalf of our client, The Canyons at Blackhawk Owners' Association, we submit the enclosed Petition for Annexation of Territory to the Blackhawk Geologic Hazard Abatement District pursuant to Division 17 (commencing with section 26500) of the Public Resources Code of the State of California. Per conversations with Beatrice Liu, Deputy County Counsel, the enclosed petition is a copy of the petition that we submitted to the Board of Supervisors on February 24, 2006 (without attachments) that includes signatures of at least 10% of the members of the Association. Very truly yours, HUGHES & QM11, P.C. Michael J. Hu MJH:Imb Encl. cc: Board of Directors, The Canyons at Blackhawk Owners' Association Beatrice Liu, Deputy County Counsel Eric B. Whan, Public Works Department 1600 So. Main Street, Suite 305 C Walnut Creek, CA 94596 (925) 926- 1200 FAX (925) 926-1202 0 0 PETITION FOR ANNNEXATION OF TERRITORY TO ME BLACKLLAN141" GEOLMAC F1.1Z.-UtDABATEA1 ENT DISTRICT PURSIJANT TO DIVISION 117 (commencing with section 26500) OF THE PU-13LIC RESOURCES CODE OF THE STATE OF CALIFORNIA TO: The Clerk of Blackhawk Geologic I-lizurd-Abatenmit District ("GHAF)") (Clerk of the Board of Supei-.-isorsl The undersigned owner of land 'within the boundaries offfic lerrhon! proposed to he an-nexed io the GHAT) hcreby rccluests that the Board of Directors of the (31HAD (GHAD Board) initiate proceedings zo annex the ierritwy described in Attachment A (Bowidin. ,Map) and Attachment B (1,eval Des,crimion 1. attached herm, to the G!-LA1) pursuant LO Article 3ith PLAlic Resources (Conlrrjent:111L� %v - e V. Is Codc § 265;O) and ArticlL (cornmencine with Public Rcsourccs Code § 26i6i) of Cliapter 2 of Division 17 of-the PUblic Resources Code (§ 26500 et seq..y. Said tm-itory coinprists all real property within The Canvons at Blackhawk Owners' Association (Association), I California nonprofit mutual benefit comoration in _trod slaiidimL. All property within the Association is w,�,ne�q either bv 1he individual lot own',N or by the corpOTate horricowiters association, The duly Oeuedi Board of Dirccwrs of the Association is LhQ. applicant to this Petition on boliall'ol'all property ovmclrs within the territory proposed to be annexed. (a) This petition is made PLMSuani to Division 17, of the Public Resources Cole with particular rtCfcvcnc,.: it-, ._Vticl- ') (commencing lith ;, 2655W and Article -1 (commCmz:ing with § 21 65A6)I (It) Attachment C is -I description of' the prop-•1 (Common .Areal uwncd by III- Association SUffiCiefli 10 ideDfifjr 11--1111011el- LIS an 011MI-11, of a portlol" Of the 1,311d Wilhin the terrjtoT;' pmpciscd m, be zinnexled to thl- GHAD. ?;c) folk,xing Inc signature of petitioner arc listed the individual Associati'm, members. their reside-lice addresses. and the APjNs of ihosC lois owned by each niembcr Within the iclrritor� prt5noszc to be ,minoxI -d. 0. The land owncd hv the Association (Arlaclunent Q and the lots owncd by its member , make up emircuy k-11 idle wr,-itov. (Attachmem B) rt-qu,,-siol-d to be ann,_!-:td to the G11AD. (e) Snio I--rdior,, is part ot CSA District JM;-23, (f[ Atl eXiS11.1" plan 01' 'COntrol 'Withill the meanim, of Public Rc:sources (2,0de 26509' is ourrentiv in existence for the GHAD which iv()WO apply to the territory pi-oposcd to be arui-_xed. f I g) N-1:11ioncl. docs 110" "'MUCU)"LU: that ill--' anTICXLTtik111 Of th-2- P1'CVC1SCd iCrriIu-',7 till NSA it. additional significant CX,1enSC- 10 th-� GHAD in prev--mung. niiiipwing, abaiing, ov conmiliing, am: I LN)lnaic hazards in the k1-rriwr_v to be -unnexed. p"eviev, of th-. recm-dic maintain,�-d bv the Associalion for all properties propuscd Io bL: anricxcd rcvca[,Cd no incidences of acil'11117V sitice Orj<ritlal devvilopmeni. ul the Association. O O (111 The ratio of the geographical size of the territory proposed tt, tie annext:d in rc!at10t) 1c, the size of the exisiinc. C31-L--%D is 40 (neres) to 5.000 (acres). This small ratio as % ell as t-he existing funding that has been and will be provided by virtue of the N- 4-73 coverage should result in minimal required seed ilindiaL for the additional reservtGs needed 'or the arca to be annexed. At the time of the original county anproval for development of (he Petitioner Association. �7.500 waS Sei aside 101- cvcrttual contribution to the GNAD. IT, Right of Em : fornls shall be provided to allow GHAT, persom-jel in inspect the site prior to atlne` anon (Attachment DY {j,1 The foilov.`ing documents are amiched to this pettti0tt and Ire lncolporat .d herein bV this relcrence as if s--,,z forth in Pull: 1. A map of the boundaries c4 the t2]"Fitch'• proposed to b . annexed to the GRAD (Attachment AI: ?. 1 leg description of thc• noundarics of file territory proposed to be annexed to the CiHAD fAttaclunent B)', POT-6011O;the• terriuln' OIVlled bti' the Association (,-Attachment C is 41. Right oC'Entry Fontes (:Attachment D): and 4�. A al OeoteChiUcitl ��ti1n5ll1liiI1f�5 LZOt:.L'h11iC1il I.n VeSllLiltii}Il lUr the ter]"i101"4 priaposed tc he annc%cd. dated July 14. i 9�.M prepared in connection with the original development of applicant Associanm. Sulci report COM[lll)S 1 GC'OIC"LiC ``l F.tp Cor the subject lE;l-r im-, fAnachrment r.}, Date•: _ 2� ZOO THE C.yNYONTis AT BLACl l-I.A \\-IK OYtiWFT?S" ASSOCL.-VI]Oh, Ito.Gclieral \-[unaer. 4PN Strect :Xddress CAY. State, Zip Cede Owner { x8,11 ihann_20,-8 (-001 IU Peppcnvood Lane C Danville, CA 94506 Justin Ciurk SI Alirnann 'I-C),-3 S 1 1 1 Tleppert�-ood Lane ( Danville CA 94506 TimothN & Zen ida NVillianis ori; S;(s-fit; 112 Deer ivleackiw Terrace ; Danville CA 94506 7lansour & Talieh lioialc<_h 20;_g3 0-016 1 1 S IX:cr \leadtl"v "1 erraee i Danville. CA 94r06 I Shiu, h Yulca Yantaji D,--rr Nlcadov." Tccracc ; D tnvillc, CA 94506 Nicholas c Bonnie DaCOSLa 116 P� ,RC;wood Laic i Deur:illc. CA 94-506 ; 5 ,an Lu( itc, DO-OM' '1" lie �.ro ood Lane Danville. CA 9406 Mark ct Sheik t:i`L e<sry a..,. , Pl 1 203-840-1-1,05 2701 Dcer• Meadow Drivc i Danville, CA 94 5 0(1 St.ven :t` F•:Icanor Hams I o 0 AM Street AddressCGty, State. Zip Code � Owner '03-840-006 1 2707 DcI-r ,Meadow Drive Danville. CA 914506_ , + ( _ bI, -- ., � Ruih] /C_;oltr:a � 20j-830 t?Ii' j '71 Deer ME-adov,- Drive Y Danville. C 94501, ]rank ;� L.11cn �'ac�tlin I _ _._. _ 203-841#-008 2721 Deer i`4eadnvv Drive Danville, CA 94506 Kent Price 203-� 1t> Q(1tt "i" Dr-or Nleadol Drive Danville. CA 94= ,06 1Priscilla Mover r Glenn _ Spicgelmin -I '203-840-004 _73 ? Deer Meadow Drive DanvitIc CA 94506 Creorged Maureen ohr, Ill 20_-8401-01 __ Deer 1`'l adosv Driv Danville, CA 945iJ6 JE.n7:5&. Denise)Axnm 203-8417-OW 736 Deer Meador• Dri e._ Dam ilie, CA 9450fi Arbo am Pleiier 20 i-I~-40-016, 'M9 Deer Meadow D.attville CA 94506 K-�nncth &, Shcrry Hil I 203-8401-002 2'742 Derr A1eado w Drive Danville CSA 94531}6 ; D nrald Johnson 203-840-011) 274 5 Dela lvleadotiv Drivc Danville. CA 94iO6 iohn Elmer.! Sandra C-um ( 203-8401-001 2748 Deer Nfeadow Drive Danvii1e. CA 9=4:506 Lawrence cL' Linda Radford 203-6;0-009 '"fl Deer hleadotiv Drive. Danville CA 94506 k-utdv & Sandra Thornton 203-83p-lip$ F 'i 4 Deer IrlcadnF� Drive Danville, CA 94506 livle Van Brocklin 201-S 10-0102;"S Deer Meadow Drive DanvilIc CA 94506 kfarfen. S Curtis Cooper f 2(13-840-011 2763 Deer ivleadow Drive ! Danville . CA 94506 Steven & Christine Spiva � 201-830-0112 + 2769 Deer Mev.dow Drive i Danville. CA 94506 � Teiesa Dirnegglio _. _7777 --- 2W-83()-M4 ; 8`l Ci-01=4 ?7'69 Doer M adow Driv—, ; Danville- (-A 94506 ? C.ra•it cL Patricia lticr ZU3-830-iA 7 2775 Deer TOcarlow Drive Danville. CA 94S()6 Michael & Diane Paulik, 201 3-820-007 ( 40 131aehhills Place Danville CA 9-'.506 l•humus &Tamara Deverell 203-820-0)4 145 B)ackhills Place Danvilleo CA 94500 Evan&- Hiroko Ra j 20-2-920-006 148 Lilacichills Mace Danville, CA Liwia &Joanne tit's 203-620-01= j 53 Fal c -hills Play-- 115autvillc, C'j 94506 Richard K Kathleen Camenter � 203-820-016 j 61 BhiJ-hills Place Danville. CA 945476 [,uta & Edgw- l iciip _1 203-820-00 64 Blacl;liill; Place Danville. CA 94506 Terrence McDaniel _ Christopher Callthun _ 203 S 0-00-` 72 Blackhllls Place Danvill Cal 94506 SJesse F Patricia JetLcins -201-830-005 92-5 Pepm�nvood Drive Danville. CA 94506 i %1 ilham & Bonnie Ketncrcr 03-830-0(16 941 Pt . .cr wood Drive Danville. C?. c>45flci Ravr�tond c� Suzie IN-on-7 2Ci3-8301-013 X42 t' ),crrrovd Dnfe Danville, C A 91506 ( Altchael & Kimberl•; Roth 203 8:;(1-0(17 947 Pep-pe wood Dri'.c Danville, Com..•'•;= 94506 i Roben & Jan Campbell t i Trustee.i Ai[achm-nu: i; — Bmindar•:i op B Lead Iiescripiion;all nruper,; C. Legal ry ewmpflon i.Msncianon comm m arca propert_•:) L)—RieLt of Entn form L—BPrloLaiRLCPart Pursuant to California Public Resources Code 5§ 2052. 2054 and 26555, the undersigned ownm of land «ithin the boundaries of the territory Proposed to be annexed to the G1-;1D hereby join in the Petition for Annexation. Date: By: Owner of: jj )anville, CA Date: i r -/ BY= Owner of: Danville.CA / r Date: J 2�7 %��� BN: Ch�qterof; Danrlille, CA l r r, I Date: Z r 2 i ,l By:By: A r �, I=� _ _ h'n _ Dani illc, C:a Date: i 4 zm L By: Owner of: Danville. CA a ' r �t Z � y U `Q" Q CV r cm N t... 7z, x 04 0 co LO l N r0 ( tl3tldid n b. ' `- CO. vrv< r4jz_. ATTACHMENT "B" Description of Entire Territory Petitioner Desires to Annex to the Geologic Hazard Abatement District DESCRIPTIO O 4:igc 1 OOrder No. 112113 LLB (PRASE 1 LOTS & C01-NON ARS) i ALL THAT REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA. OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS : PARCEL ONE: PARCEL ONE-A: A PORTION OF LOTS 1 AND 2 AND PARCEL "M", AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1, AS SHOWN 'ON THE MAP OF SUBDIVISION 7115; THENCE ALONG A LINE AS SHOWN ON RECORD OF SURVEY NO. 2081, FILED JULY 6, 1994 IN BOOK 105 OF LICENSED SURVEYORS' MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS, NORTH 320 55' 37" WEST 135.11 FEET; THENCE NORTH 43° 23' 32" WEST 36.99 FEET; THENCE NORTH 560 30' 14" WEST 25.93 FEET.; THENCE SOUTH 120 15' 33", WEST 79.29 FEET; - TH=NCE SOUTH 51° 13' 34" WEST 110. 00 FEET; THENCE SOUTH 380 46' 26" EAST 43 .69 FEET; THENCE SOUTH 1' 26' 53" EAST 60.00 FEET TO A POINT ON THE NORTH LINE OF P.A.RCEL "J" , AS SHOWN ON THE MAP OF SUBDIVISION 7115, SAID POINT HAVING A RADIAL BEARING OF SOUTH 220 45' 45" EAST; THENCE ALONG T4Z NORTH LINE OF SAID PARCEL "J" ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 226.00 FEET THROUGH A CENTRAL ANGLE OF 100 42' S4" A DISTANCE OF 42.27 FEET; THENCE NORTH 770 57' 09" EAST 116. 93 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 23. 00 FEET THROUGH A CENTRAL ANGLE OF 660 25' 19" A DIST,`NCE 0. 26.66 FEET; THENCE ALONG A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAS ANGLE OF 470 27' 22" A DISTANCE OF 38 . 93 FEET TO T:__ POINT OF BEGINNING. PARCEL ONE-B : A PORTION OF LOTS 1, 2 AND 3 AND PARCEL "M", AS SHOWN ON THE NzP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA, COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THS MOST EASTERLY CORNER OF LOT 1, AS SHOWN ON THE MAP OF SUBDIVISION 7115; THENCE ALONG A LINE AS SOWN ON RECORD OF SURVEY NO. 2081, . FILED JULY 6, 1994 IN BOOK 10S OF LICENSED SURVEYORS' NAPS AT PAGE 3 , CONTRA COSTA COUNTY RECORDS, NORTH 320 55' 37" WEST 135. 11 FEET; Tr.'aNCE NORTH 43° 23' 32" WEST 36. 99 '_ET; THENCE NORTH $6°30' 14" WEST 25. 93 FEET; THENCE NORTH 310 33' 43" EAST 69. 61 FEET; THENCE SOUTH 49° 40' 40" EAST 70. 01 FEET TO A POINT ON THE NORTH LINE OF LOT 2 AS SHOWN ON THE MAP OF SUBDIVISION 7115; THENCE ALONG'T::E NORTH LINE OF LOT 2 SOUTH 620 34' 48" EAST 146 .03 FEET TO THE EAST CORNER OF LOT 2; THENCE FROM A RADIAL B=A.RING OF NORTH 550 50' 44" EAST ALONG THE EAST LINE Or' LOT 2 A.L014G A CURVE TO THE RIGHT 'r_AVING A RADIUS OF 157. 50 FEET THROUGH A CENTRAL ANGLE OF 50 27' 24" A DISTAIIICE OF 15.00 THEI4CE ALONG A REV=RSB CURVE TO LEFT HAVING A RADIUS OF 182 . 50 FEET T==OUGH A CENTRAL, ANGLE OF 1S° 14' 31" A DISTrNCE OF 48.55 -_ET; THENCE SOUTH 24° 22' 09" WEST 50 .25 '_ET TOHE SOUTHEAST. CORNER OF LOT 2; THENCE FROM A Rr0IAL 3E:-,RING O: NORTH 240 19' 43" ALONG THE SOUT-i LIKEOF LOT 2 ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 47. 00 FEET THROUGH A CENTRAL ANGLE OF 550 20' 31" A DISTANCE: OF 45.40 FEET TO THE POINT OF BEGINTNING 0 DESCRIPTION 0 oz" / 2 orderNU. 112113 LL3 EXHIBIT "A" CONTINUED PARCEL ONE-C: A PORTION OF LOT 3 AND PARCEL "M" , AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 3, AS SHOWN ON THE MAP OF SUBDIVISION 7115; THENCE ALONG THE SOUTH LINE OF LOT. 3 NORTH 620 34' 48" WEST 146.03 FEET; THENCE LEAVING SAID LINE ALONG A LINE AS SHOWN ON RECORD OF SURVEY NO. 2081, FILED JULY 6, 1994 IN BOOK 105 OF LICENSED SURVEYORS' MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS, . NORTH 490 40' 40" WEST 70.01 FEET; THENCE NORTH 370 15' .18" EAST 69. 44 FEET; THENCE SOUTH 360 25' 22" EAST 42. 86 FEET TO THE NORTHWEST CORNER OF LOT 3; THENCE AL014G THE NORTH LINE OF LOT 3 NORTH 890 59' 53" EAST 88 . 00 FEET; THENCE SOUTH 720 38' 50" EAST 40.06 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 32.50 FEET THROUGH A CENTRAL ANGLE OF 890 43' 27" A DISTANCE OF 50.89 FEET; THENCE ALONG THE EAST LINE OF LOT 3 SOUTH 174 04 ' 37" WEST 40.43 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157. S0 FEET THROUGH A CENTRAL ANGLE OF 170 04' 38" A DISTANCE OF 46.94 FEET TO THE POINT OF BEGINNING. PARCEL ONE-D: LOT 4, MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992, MAP BOOK 363, PAGE 15, CONTRA COSTA COUNTY RECORDS. PARCEL ONE-E: LOT 5, MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992, MAP BOOK 363, PAGZ 15, CONTRA COSTA COUNTY RECORDS. PARCEL ONE-F: LOT 6, MAP OF SUTBDIVISION 7115, FILED AUGUST 11, 1992, MAP BOOK 363, PAG= 15, CONTRA COSTA COUNTY RECORDS. PARCEL ONE-G: LOT 7, FLAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992, MAP BOOK 363 , PAGE 15, CONTRA COSTA COUNTY RECORDS. PARCEL TWO: PARCELS "H" , "J" ``.ISD "L", AS SHOWN 014 THE NA.P OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS . UESCIUPTIO\ 0 3 O Ordct No. 112113 LLB (ADDITIONAL PROPI-R7Y) ALL THAT REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: PARCELS "A", "B" , "C", "D", "K" AND "N",, AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS, PARCEL TWO: PARCEL "M" , AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS. EXCEPTXNC FROP1 PARCEL TWO: THOSE PORTIONS THEREOF LYING WITHIN THE LINES OF PARCELS ONE-A, ONE-B AND ONE-C, AS SAID PARCELS ARE DESCRIBED IN EXHIBIT "A+' HEREOF. PARCEL THREE: A PORTION OF LOT 1, AS SHOWN ON THE MRP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, AS SHOWN ON TriE MAP OF SUBDIVISION 7115; THENCE ALONG THE WEST LINE OF LOT 1 NORTH 25° 39' 23" WEST 23.71 FEET; THENCE NORTH 37" 46' 16" EAST 32. 02 FEET; TIiENCS LEAVING SAID LIN; ALONG A LINE AS SHOWN ON RECORD OF SURVEY NO. 2091, FILED JULY 6, 1994 IN BOOK 105 OF LICENSED SURVEYORS' MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS, SOUTH 1' 26' 53" EAST 42. 02 FEET TO A POINT ON THE SOUTA LINE OF SAID LOT 1 HAVING A RADIAL BEARING OF SOUTH 22" 45' 45" EAST; THENCE ALONG i3E SOUTH LINE OF SAID LOT 1 ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 226.00 FEET TFROUG3 A CENTRAL ANGLE OF 20 53 ' 38" A DISTANCE 0. 11.41 FEET TO THE POINT OF BEGINNING. O O ATTACHMENT "C" Legal Description of Common Area Property Owned by The Canyons at Blackhawk Owners Association . o a ATTACHMENT "C" Parcel "G" as shown on the Map of Subdivision 7649, filed July 8, 1996 in Book 387 of Maps, at pages 42-50, Contra Costa County Records; Parcels "C," "D," "K" and "N," all as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, Assessor's Parcel Nos.:. 203-090-018, 203-090-017, 203-820-008, 203-810-003, 203-820-009 and 203-820-012 (portion); Parcels "B," "E," "F" and "J," all as shown on the Map of Subdivision 7649, filed July 8, 1996 in Book 387 of Maps at page 42 et seq., Contra Costa County Records, Assessor's Parcel Nos.: 203-810-001 (portion) and 203-810-002; Parcel "M" as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, excepting therefrom those portions thereof lying within the following three (3)parcels of land: (A) "Revised Lot 1": A portion of Lots 1 and 2 and Parcel "M," as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, more particularly described as follows: Beginning at the most easterly corner of Lot 1, as shown on the Map of Subdivision 7115; thence along a line as shown on Record of Survey No. 2081, filed July 6, 1994, in Book 105 of Licensed Surveyors' Maps at page 3, Contra Costa County Records, North 32° 55' 37" West 135.11 feet; thence North 43° 23132" West 36.99 feet; thence North 56° 30' 14" West 25.93 feet; thence South 12° 15' 33" West 79.29 feet; thence South 51° 13' 34" West 110.00 feet; thence South 38" 46' 26" East 43.69 feet; thence South 1' 26' 53" East 60.00 feet to a point on the North line of Parcel "J," as shown on the Map of Subdivision 7115, said point having a radial bearing of South 22° 45' 45" East; thence along the North line of said Parcel "J" along a curve to the rights having a radius of 226.00 feet through a central angle of 10" 42' 54" a distance of 42.27 feet; thence North 77° 57' 09" East 116.93 feet; thence along a tangent curve to the left having a radius of 23.00 feet through a central angle of 66° 25' 19" a distance of 26.66 feet; thence along a reverse curve to the right having a radius of 47.00 feet through a central angle of 47° 27' 22" a distance of 38.93 feet to the point of beginning. (B) "Revised Lot 2": A portion of Lots 1, 2 and 3 and Parcel "M," as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, more particularly described as follows: Beginning at the most easterly corner of Lot 1, as shown on the Map of Subdivision 7115; thence along a line as shown on Record of Survey No. 2081, filed July 6, 1994, in Book 105 of Licensed Surveyors' Maps at page 3, Contra Costa County Records, North 32° 55' 37" West 135.11 feet; thence North 43° 23' 32" West 36.99 feet; thence North 56" 30' 14" West 25.93 feet; thence North 31° 33' 43" East 69.61 feet; thence South 49° 40' 40" East 70.01 feet to a point on the North line of Lot 2 as shown on the Map of Subdivision 7115; thence.along the North line of 1 o 0 Lot 2 South 62° 34' 48" East 146.03 feet to the East corner of Lot 2; thence from a radial bearing of North 55° 50' 44" East along the East Line of Lot 2 along a curve to the right having a radius of 157.50 feet through a central angle of 5° 27' 24" a distance of 15.00 feet; thence along a reverse curve to the left having a radius of 182.50 feet through a central angle of 15° 14' 31" a distance of 48.55 feet; thence South 24° 22' 09" West 50.25 feet to the Southeast comer of Lot 2; thence from a radial bearing of North 24° 19' 43" East along the South line of Lot 2 along a curve to the left having a radius of 47.00 feet through a central angle of 55° 20' 31" a distance of 45.40 feet to the point of beginning. (C) "Revised Lot 3": A portion of Lot 3 and Parcel "M," as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, more particularly described as follows: Beginning at the most southerly corner of Lot 3, as shown on the Map of Subdivision 7115; thence along the South line of Lot 3 North 62° 34' 48" West 146.03 feet; thence leaving said line along a line as shown on Record of Survey No. 2081, filed July 6, 1994 in Book 105 of Licensed Surveyors' Maps at page 3, Contra Costa County Records, North 49° 40' 40" West 70.01 feet; thence North 37° 15' 18" East 69.44 feet; thence South 36° 25' 22" East 42.86 feet to the Northwest corner of Lot 3; thence along the North line of Lot 3 North 89° 59' 53" East 88.00 feet; thence South 72° 38' 50" East 40.06 feet; thence along a tangent curve to the right have a radius of 32.50 feet through a central angle of 89° 43' 27" a distance of 50.89 feet, thence along the East line of Lot 3 South 17° 04' 37" West 40.43 feet; thence along a tangent curve to the right having a radius of 157.50 feet through a central angle of 17° 04' 38" a distance of 46.94 feet to the point of beginning. Assessor's Parcel No.: 203-820-017 (affects this and other property) Parcel Four: A portion of Lot 1, as shown on the Map of Subdivision 1715, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, more particularly described as follows: Beginning at the most southerly corner of Lot 1, as shown on the Map of Subdivision 7115; thence along the West line of Lot 1 North 25° 39' 23" West 23.71 feet; thence North 37° 46' 16" East 32.02 feet; thence leaving said line along a line as shown on Record of Survey No, 2081, filed July 6, 1994 in Book 105 of Licensed Surveyors' Maps at page 3, Contra Costa Records, South V 26' 53" East 42.02 feet to a point on the South line of said Lot 1 having a radial bearing of South 22° 45' 45" East; thence along the South line of said Lot 1 long the arc of a curve to the left having a radius of 226.00 feet through a central angle of 2° 53' 38" a distance of 11.41 feet to the point of beginning. Assessor's Parcel No.: 203-820-017 (affects this and other property) Parcels "H," "J" and "L," as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps, at page 15, Contra Costa County Records. 2 o 0 Assessor's Parcel Nos.: 203-820-012 (portion) 203-820-010 3 . o 0 ATTACHMENT "D" Right of Entry Forms o 0 Blackhawk Geologic Hazard Abatement District RIGHT OF ENTRY Board of Directors Blackhawk Geologic Hazard Abatement District Vo Kleinfelder, General Manager 4125 Blackhawk Plaza Circle, Suite 103 Danville, California 94506 Property Address: Danville, CA 94506 APN: This "Right of Entry" is granted pursuant to the Canyons at Blackhawk Owners Association petition for annexation into the Blackhawk Geologic Hazards Abatement District (GHAD) and in accordance with the requirement that the Blackhawk GHAD General"Manager or his agents inspect the property to be annexed. As owner of the residential property, APN # at in Danville, California, I grant permission to the Blackhawk CHAD, its officers, employees, consultants, contractors and their authorized agents, to inspect said property, as may be required to determine the site conditions as related to geologic hazards and/or drainage facilities on or adjacent to said property. The inspection will be limited to the following actions: , , and It is understood and agreed that the District will use its best efforts to minimize disturbance of the site and leave the property in a clean and orderly condition. It is further understood and agreed that this Right of Entry shall expire upon the completion of the site inspection process and that all rights hereunder shall cease when said work has been completed. Date: (Signature of Property Owner or designee) (Print Name of Property Owner or designee) ntry o o ATTACHMENT "E" $erlogar Report B C, C BERLOGAR GEOTECHNICAL CONSULTANTS SOIL ENGINEERS ENGINEERING GEOLOGISTS GEOTECHNICAL INVESTIGATION BLACLrHI L,,S PEPPERWOOD DRIVE AND DEER MEADOW DRIVE DANVILLE, CALIFORNIA FOR BLJACKEILLS DEVELOPERS July 19 , 1989 Job No. 1343 . 100 A full copy of this report is available for review at the Blackhawk Geologic Hazard Abatement District Office, 4125 Blackhawk Plaza Circle, Suite 103, Danville CA 94506 or at the Contra Costa County Public Works Department. BERLOGAR GEOTECHNICAL CONSULTANTS ..4 b'r1N1�1L�C$V.r�TS.Y)S"4°f.(Ik�i.�4VY�M.Y�:�?�IF�P.���VYl1�N' i�ci��ih T ;,N_-3�dYN�H..�4Y.a.�...}h Sb.A..u...�u...YL.I m 4� .). h�'.r[G.ar e..: �S,•:-+�4'E.ro tu.,iei.G a.A.zIN'JJ:'.Yf.WNCw1v4 A..»Y.'.'lry.w�a�>�'{SS'!4 t4�M. ex:�4n'4Y'���.:AIi+N`F