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Home My WebLink AboutMINUTES - 02262008 - C.8 ;:::F;. ., • TO: BOARD OF SUPERVISORS .;: d- Contra, FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: February 26, 2008 ''`P~ County u n t Y SUBJECT: Accept Offer of Dedication-Landscape Easement, for Road Acceptance 02-01142 (cross- reference Subdivision 00-08507), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDA-1•ION(S)&BACKGROUND AND JUSTIFICA-1-ION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Road Acceptance 02-01142 (cross-reference Subdivision 00-08507), accepting Offer of Dedication-Landscape 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 Landscape Easement is needed for the maintenance of the landscape improvements. _CONSEQUENCES OF NEGATIVE ACTION: The landscape improvements will not be accepted for public maintenance. Continued on Attachment:,--' SIGNATURE: ��/�� ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE �fCPPROVE OTHER r SIGNATURES ACTION OF BVI O ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct 4( 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. B13:vz G:\EngS%,c\BO\2008\02-26\BO-30 RA 02-1142A.doc ATTESTED: 6'L.11il,y�O 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 cc: Current Planning,Community Development Department Supervisors and County Administrator Windemere BLC Land Company,LLC 6121 Bolli„ger Canyon Road,Suite 500 San Ramon,CA 94583 Attu:Brian Olin City of San Ramon By Deputy 2222 Camino Ramon San Ramon,CA 94583 Atm:Chris Low 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, Uill:ema, Piepho, Bonilla and Glover j NOES: None I • ABSENT: None I ' ABSTAIN: None RESOLUTION NO. 2008/ ��— SUBJECT: Accepting Offer of Dedication-Landscape Easement, for Road Acceptance 02-01142 (cross-reference Subdivision 00-08507), San Ramon(Dougherty Valley)area.(District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication- RA 02-01142 (cross- Windemere BLC San Ramon III Landscape Easement reference SD 03- Land Company, a (Dougherty 08507) California Limited Valley) APN: 223-100-058 Liability Company BB:vz I hereby certify that this is a true and correct copy of an Originator:0 2008'blic Work (ES) 02-11 72A.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: T.Ric(313-2363) Supervisors on the date shown. Recording to be completed by Clerk of the Board cc: Current Planning,Conun unity Development Department Windcmere BLC Land Company,LLC / 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94593 ATTESTED: 10 Attn:Brian Olin City of San Ramon JOHN CULLEN, Clerk of the Board of Supervisors and 2222 Camino Ramon San Ramon,CA 94583 County Administrator Alm:Chris Low By , Deputy RESOLUTION NO.2008/ i IIII III IIII III IHII Ell IIIII IIIIIIIIII Recorded at the request of: CONTRA COSTA:Co Recorder Office Contrty Public corks Department STEPHEN L. WEIR Clerk-Recorder Public Works Uepartmcnt //�� I Return to: DOL— 200$-0042293-00 Public Works Department Records Section Thursday, FEB 28, 2008 09:49:07 ;FRE $0.00 1 Area: DOUGHERTY VALLEY(SAN RAMON) Road: WINDF.MERLPARKWAY.. 71 'Tt1 Pd ,�000 Nbr-00040092 Co.Road No.: N/A. ENG/R9/1 Development: SUBDIVISION 8507(RAI 142) APN: 221-100-058 OFFER OF DEDICATION - LANDSCAPE EASEMENT I, Windemere BLC Land Company LLC, a California limited liability company, the undersigned,being the present title owner of record of the herein described parcel of land,do hereby make an irrevocable offer of dedication to the public and to CONTRA COSTA COUNTY and its successors or assigns,an easement for landscape purposes,including installation and maintenance of landscape improvements, over the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the 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. In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs,successors,assigns,and personal representatives of the respective parties hereto. The undersigned have executed this instrument on3. z00 y (see attached signature page) (see attached notary) P:\0001 -0599''\.462-00\ccc-ood\ph02`.WindPk�N,yLE(dv20.doc DECEMBER 20, 2007 JOB NO. : 462-00 LEGAL DESCRIPTION LANDSCAPE EASEMENT LOT 13 (4.57- M..,43) CONTRA COSTA COUNTY, CALIFORNIA EXHIBIT `A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF. LOT. 13, AS SAID .LOT 13 IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 8507, RECORDED OCTOBER 28, 2003 , IN BOOK 457 OF MAPS AT PAGE 43 , IN THE OFFICE OF THE COUNTY. RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE -SOUTHEASTERN CORNER OF SAID LOT 13 ; THENCE, FROM SAID POINT OF BEGINNING, ALONG THE SOUTHERN LINE OF SAID• LOT 13, ALONG THE ARC OF A NON-TANGENT 4571 . 00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 15015'59" WEST, THROUGH A CENTRAL ANGLE OF 00003' 30 AN ARC DISTANCE OF 4 .65 FEET; THENCE, CONTINUING ALONG SAID SOUTHERN LINE, NORTH 74047 ' 31" WEST 28 .35 FEET; THENCE, LEAVING SAID •SOUTHERN LINE, NORTH 84002'25" EAST 35.41 FEET TO A POINT ON THE EASTERN LINE OF SAID LOT 13 ; THENCE, ALONG SAID EASTERN LINE, SOUTH 15015' 59" WEST 12 .79 FEET TO SAID POINT OF BEGINNING. CONTAINING 211 SQUARE FEET OF LAND, MORE. OR LESS. ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART THEREOF. END OF DESCRIPTION SND &JS(i,QG C 5 Q R S.y F� IL .3 . ¢ �� CHRISTO HER S . HARMISON, P.L.S . L) No.7176 Z L.S . NO. 7176 Exp.12/31LV� Q EXPIRES : DECEMBER 31, 2009 FC P:\0001-0599\462-00\Lcgals\P1102\WindPkwyLE>>v20.doc EXHIBIT 'B' o EX FLOWAGE EASEMENT I L J 1r -22 9 IM 1 LOT 13 rn �\\ C�(`r /\ N$�tX22 / N Pr. 1 J\C/r I r1 IM I N74'47'31"W 28.35' Cl WINDEMERE PARKWAY POB CURVE TABLE NO. RADIUS DELTA LENGTH C1 4571.00' 00'03'30" 4.65' PLAT TO ACCOMPANY LEGAL DESCRIPTION LANDSCAPE EASEMENT LOT 13 (457 M 43) CONTRA COSTA COUNTY, CALIFORNIA DECEMBER 2007 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583 94462-00 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 H:\94462\ACAD\PH02\PLAT\v20-LE +P/v .'223 -%oc C)s10 Windemere BLC Land Company LLC, a California limited liability company By: Brookfield Bay Area Holdin s LLC. a Del ar ed li company, Member By: David Luebkeman Vice President Its: Chief Financial officer By. L4 Its: I ryz K) By: Centex Homes, a Nevada general partnership, Member By: Centex Real Estate Corporation, a Nevada corporation Managing General Partner By: Its: Philip R.afton Division President By: LEN-OBS Windemere, LLC., a Delaware limited liability company, Member By: Lennar Homes of California, Inc. a California corporation Managing Member By: G—�— Its: Brian G. Oh Vice President ACKNOWLEDGMENT State of California County of. Lo Co kcr- ) ' On lip9 before me, 1 brims 1,_ lav t61e (insert name and title of'the office personally appeared �C�y\G� l_Ui'-b�cY�,� d'l' ��( �, Ve �105e4, \ 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 Commission # 1744607 Notary Public -California . Contra Costa County z2ott Signature (Seal) STATE OF CALIFORNIA COUNTY OF On 20&before me, ACLA R(a) �'. N) ► cm Pu I ►L (here insert name and title of the officer) personally appeared - `1o�r� who proved to me on the asis 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. HANNAH PELLATT Commission #t 176e 171 Notary Public - California Contra Costa County Signature: . MyComm.ExpiesSep16,2011 (SEAL) STATE OF CALIFORNIA COUNTY OF before me, ��/ZD�� L (here insert name and title Of7e officer) personally appearedS/211-Ml /m/ 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/site 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. CAROL L. ASHRAM Commission# 1694474 -o Notary Public-Ca mornla Contra Costa Camty / My Comm.EXPIM Oct b,201 Signature: (SEAL) 2544-43390\760412.1 12/26/07