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Home My WebLink AboutMINUTES - 02262008 - C.10 � f_._ TO: BOARD OF SUPERVISORS Contra = Costa FROM: MAURICE M. SHIU, .PUBLIC WORKS DIRECTOR .: :. `s DATE: February 26, 2008 Y� �`.a `'� rT Coi;r� County SUBJECT: Accept Offer of Dedication-Slope Easement, for Road Acceptance 04-01175 (cross-reference Subdivision 05-08957), San Ramon (Dougherty Valley) area. (District III) SPECIFIC:RI QUES I'(S)OR RECOMMI NDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ 1'2—q for Road Acceptance 04-01175 (cross-reference Subdivision 05-08957), accepting Offer of Dedication-Slope Easement, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None: _BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Offer of Dedication for slope easement is required for slope maintenance. _CONSEQUENCES OF NEGATIVE ACTION: The road improvements for Windemere Parkway will not be accepted. Continued on Attachment: SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR `RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURES : ACTION OF BOXRq ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPE SORB I hereby certify that this is a true and correct �( UNANIMOUS(ABSENT copy of an action taken and entered on the (� AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. Bl;:cz G:1..EngSvc•,BO\2008\02-26\BO-3o RA 04-01175.doc ATTESTED: O 2 !/`� Originator: Public Works(ES) Contact: T.Ric(313-2363) JOHN CULLEN, Clerk of the Board of Recording to be completed by Clerk of the Board ee: Current Planning,Community Development Department Supervisors and County Administrator Windetnere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ranwn,CA 94583 Attn:Brian Olin Citv of San Ramon By , uty 2222 Camino Ramon San Ramon.CA 94583 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 26, 2008 by the following vote: AYES: Gioia, tlilkema, Piepho, Bonilla and Glover I NOES: None I i ABSENT: None ABSTAIN: None I -- -- --- . --..—_..-- .. --- --- ----- J RESOLUTION NO. 2008/ 12- SUBJECT: Accepting Offer of Dedication-Slope Easement, for Road Acceptance 04-01175(cross- reference Subdivision 05-08957), San.Ramon (Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is herebyACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication— RA 04-01175 (cross- Windemere BLC San Ramon III Slope Easement reference SD 05- Land Company, (Dougherty 08957) LLC Valley) APN: 223-400-052 I hereby certify that this is a true and correct copy of an Bs:%•z action taken and entered on the minutes of the Board of G:\EngSvc\B0\2008\02-26\B0-30 RA 04-01175.doc Supervisors on the date shown. Originator: Public Works(ES) Contact: T.Ric(313-2363) Recording to be completed by Clerk of.the Board cc: Current Planning.Community Development Department Windemere BLC Land Company,LLC ATTESTED: rfl7– � A $ 6121 Bollinger Canyon Road.Suite 500 �[ San Ramon.CA 94583 JOHN CULLEN, Clerk of the Board of Supervisors and ABrian Olin County Min] StratOr City of Sa San Ramon 2222 Camino Ramon San Ramon,CA 94583 B , Deputy RESOLUTION NO.2008/ 12– Recorded at the request of: IIII III III I III II IIII I III III II II IIII I IIII I III II III j Contra Costa County CONTRA COSTA Co Recorder Office eturnto: Services Division STEPHEN L. WEIR, Clerk-Recorder • Return to: Contra CostaCounty Depart DDC— 2008-0042291-00 Public Works Department Records Section Thursday, FEB 28 2008 09:48:54 FRE $0.00. . Area: Dougherty Valley(San Ramon) iiTt 1 Pd $0,00 Nbr-0004009269 Road:. Windemere Parkway(Offsites) ENG/RS/1-9 Co. Road No.: N/A Development: RA 1175 (x-ref SUB 8957) - - - - - - ......_..._..- -..._. ._........_.... ..__.._ .._..._...- - APN: 223-400-052 - OFFER OF DEDICATION- SLOPE EASEMENT Windemere BLC Land Company,LLC the-undersigned,being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to CONTRA.COSTA COUNTY and its successors or assigns, an easement for the construction of slope easements for street and highway purposes,including access and maintenance of work,improvements and structures,whether covered or open,and the clearing of obstructions and vegetation, upon the real property situated in the County of Contra Costa, State of California, described in Exhibit"A" (written description)and shown on Exhibit"B"(plat map)attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing body of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon the heirs,successors,assigns, and personal representatives of the respective parties hereto. The undersigned executed this instrument on .:Ji�QQA4_ 3l, Zoo Y ��f q&W1 0"'klmale). (see attached signature page) (see attached notary) mw G%GrpDatAL•:ngSvcTonusW WORMOF-21.doc Rev.January 28.2008 NOVEMBER 8,' 2007 JOB NO. : 462-00 LEGAL DESCRIPTION SLOPE EASEMENT PORTION OF .PARCEL C, SUBDIVISION 8957 (494 M 1) CONTRA COSTA COUNTY, CALIFORNIA EXHIBIT `A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF`CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL C, AS SAID PARCEL C IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION. 8957, RECORDED AUGUST 21, 2006, IN BOOK..494 OF MAPS AT PAGE 1, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, ..MORE PARTICULARLY. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERN CORNER OF SAID PARCEL C, SAID POINT ALSO BEING THE- SOUTHERN TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS, "NORTH 12000' 37" EAST 171 .53 FEET" AS SHOWN ON SAID MAP; THENCE, FROM SAID POINT OF BEGINNING, NORTH 56017' 54" WEST 138 .10 FEET; THENCE, NORTH 80647' 34" WEST 616 . 5.0... FEET; THENCE, NORTH 19011' 02" EAST 91 . 19 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL C; THENCE, ALONG SAID NORTHERN LINE AND EASTERN LINE OF SAID PARCEL C, THE FOLLOWING FIVE (5) - COURSES: 1) SOUTH 72039' 53" EAST 178 .37 FEET, 2) ALONG THE ARC OF A TANGENT 1, 218 . 00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 16051 ' 16" , AN ARC DISTANCE OF 358 .30 FEET, 3) SOUTH 00028' 51" WEST 2 . 00 FEET, 4) ALONG THE ARC OF A NON-TANGENT 1, 220 .00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 00028' 51" EAST, THROUGH A CENTRAL ANGLE OF 09°42 ' 52" , AN ARC DISTANCE OF 206 .85 FEET, AND 5) SOUTH 12000'37" WEST 170 .46 FEET TO SAID POINT OF BEGINNING. P:\0001 0599\462 00\LGGALS\LG-041 - SLOPE EASEMMNT.000 LEGAL DESCRIPTION• NOVEMBER 8, 2007 PAGE . 2 OF 2 JOB NO. : 462-00 CONTAINING .SS, 201 SQUARE FEET OF LAND, MORE OR LESS.. ATTACHED HERETO IS A PLAT TO .ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION n\.AND QNERS.ygRG� CHRISTOPliER S. HARMISON, P.L.S. p L.S . NO. 7176 No.7176 z EXPIRES: DECEMBER 31, 2009 Exp.12131L-4 T�OF CA��F�� P:\0001 - 0599\462-00•\LEGALS\LG-041 - SLOPE EASENIENT.DOC EXHIBIT 'B' CURVE TABLE NO. RADIUS DELTA LENGTH C1 1218.00' 16'51'16" 358.30' C2 1220.00' 09'42'52"1206.85' LINE TABLE NO. BEARING LENGTH L1 N56'17'54"W -138.10' L2 N80'47'34"W 616.50' L3 N19'11'02"E 91:19' L4 S72'39'53"E 178.37' L5 SOO'28'51"W 2.00' L6 S12'00'37"W 170.46' FpA Y LOT 5, 483 M 35 Z4 SEE DETAIL A BELOW-, L C2 L2 1` PARCEL ONE 2002-129619 OR POB C1 � � C2 0 0 N w DETAIL A J Q NTS cin PLAT TO ACCOMPANY LEGAL DESCRIPTION SLOPE EASEMENT PARCEL C, 494 M 1 CONTRA COSTA COUNTY, CALIFORNIA NOVEMBER 2007 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS '• PLANNERS 6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 JOB NO.462-00 HA94462\ACAD\PH05\PLAT\SLOPE EASEMENT.DWG �G .P OF l�Fo/GAT/OA1 SCO�� ScM�n/T res 2� Windemere BLC Land Company LLC, a California limited liability company By: Brookfield Bay Area Holdings LLC. a Delaware limited liabilit mpany, Member By: David Luemernan Its: Vice President Chiet ROOM By: 41L NJ Its: By: Centex Homes, a Nevada general partnership, Member By: Centex Real Estate Corporation, a Nevada corporation Managing General Partner By: L- A!: Its: Philip Rafton ivisio By: LEN-OBS Windemere, LLC., a Delaware limited liability company, Member By: Lennar Homes of California, Inc. a California corporation Managing Member By: Its: Brun G. Olin Vice President ACKNOWLEDGMENT State of California County of Lc 'vk ) On before me, ( 1i eAI•' [f.l=4 ur (insert name and title of the officer personally appeared ,`,� t"1 � '�(AAju who 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. I certify under PENALTY OF PERJURY.under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBRA L. LEVINE Commi"lon.N 1744607 Notary Public •California Contra Costa County NVCWMjj=24.20I1 Signature i ( �ra� (Seal) STATE OF CALIFORNIA COUNTY OF _ C-O i`L% On RG{JI' ,2 , before me, 1 . �'1 1 C�l :�N �ti ` (here insert name and title o the officer) personally appeared 1 1 who proved to me on the 6sis of satisfactory evidence to be..the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her. signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify. under. PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and.official seal. rrNPEILAiT Commission# 176517 Notary Pubft -Califonda Contra Costa County Signature: 11i i wcorran.e"01sloep1612MI it (SEAL) STATE OF CALIFORNIA COUNTY OF On ,�:DO�, before me, (here insert name and titfe o the ollicer) personally appeared Aw/ /% who proved to me on the basis of satisfactory evidence to be the person. whose name is subscribed to the within instrument and acknowledged to me that he/sire executed the same in his/ter-authorized capacity, and that by his/lamsignature on the instrument the person, or the entity upon behalf of which the pgrson acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CAROL L. ASHMORE _ Commlaalon# 1694474 j' OMy Notary Pubtle-0011110 to Contra Costa County Signature: , Comm.ExphnOct5,201 i (SEAL) 2544-43390\760412.1 12/26/07