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Home My WebLink AboutMINUTES - 02262008 - C.9 5 TO: BOARD OF SUPERVISORS Contra`��>=�f�,. '��:_\\.' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR0. Costa DATE: February 26, 2008 �'• -"P~ _� COUi` Count y SUBJECT: Accept Offer of Dedication-Landscape Easement, for Road Acceptance 02-01142 (cross- reference Subdivision 00-08509), San Ramon (Dougherty Valley) area. (District III) SPEC1171C REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Road Acceptance 02-01142 (cross-reference Subdivision 00-08509), accepting Offer of Dedication-Landscape Easement, for project being developed by Windernere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District 1I1) 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. rl Continued on Attachment:_,--' SIGNATURE: _=COMMENDATION OF COUNTY ADMINISTRATOR _RE MMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES : r ACTION OFBO ON APPROVED AS RECOMMENDED—OTHER VOTE OF SUPE ISORS 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. 13B:vz G:\EngSvc\B0\2008\02-26\l3O-30 RA 02-1142.doe ATTESTED: O (a A Originator: Public Works(ES) Contact: T.Rie(313-2363) JOHN CULLEN, dierk o the Board of Recording to be completed by Clerk of the Board cc: Current Planning,Community Development Department Supervisors and County Administrator Windenx;rc BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon.CA 94583 Athi:Brian Olin City of San Ramon By , D u t y 2222 Camino Ramon San Ramon,CA 94583 Alnr 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, Uilkema. Piepho, Bonilla and Glover NOES: None ; ABSENT: None ABSTAIN: None —_ RESOLUTION NO. 2008/ ( 2� SUBJECT: Accepting Offer of Dedication-Landscape Easement, for Road Acceptance 02-01142 (cross-reference Subdivision 00-08509), San Ramon(Dougherty Valley)area.(District II_I) 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 08509) California Limited Valley) APN: 223-400-015 Liability Company BB:vz I hereby certify that this is a true and correct copy of an G:I.EngSvc\130\?008\02-26'',.BO-30 RA 01-1142.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: T.Rie(313-2363) Supervisors on the date shown. Recording to be completed by Clerk of the Board cc: Current Planning,Community Development Department Windemcre BLC land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 ATTESTED: 02�Z Atn,.13nan Olin JOHN CULLEN, Clerk of the Board of Supervisors and City of San Ramon 2122 Camino Ramon San Ramon,CA 94583 ;County Admii for Attn:Chris Low , De ty RESOLUTION NO.2008/ IIII III III I III II IIII I III III II II IIII i IIII I II II Recorded at the request of: IIII Contra costa County t'ublic Works Department CONTRA COSTA Co Recorder Office R Public�Works Department -STEPHEN L, WEIR, Clerk-Recorder Records Section DOC— 2008-0042292-00 Area: DOUG(if RTY VALLEY(SAN RAMON) Thursday, FEB 28, 2008 09:49:03 Road: WINDEMERE PARKWAY FRE co.Road No.: N/A Tt l Pd $@,@@ Nbr-0004009210 Development: SUBDIVISION 8509(RAI 142) ENG/RS/1-8 APN: 223-400-015 OFFER OF DEDICATION - LANDSCAPE EASEMENT 1, 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 on y (see attached signature page) (see attached notary) P:\0001 -0599`.462-00\cce-ood\ph02\Windl'kwyLl:Cciiv23.doc DECEMBER 19, 2007 JOB NO. : 462-00 LEGAL DESCRIPTION LANDSCAPE EASEMENT PARCEL A (4 6 8 M 21) 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 A, AS SAID .PARCEL A IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 8509, RECORDED. SEPTEMBER 28 , 2004, IN .' BOOK 468 OF MAPS AT PAGE 21, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE NORTHERN LINE OF SAID PARCEL A (468 M 21) , SAID POINT BEING THE NORTHWESTERN CORNER OF PARCEL A, AS SAID PARCEL A.. IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF: SUBDIVISION 8715, RECORDED DECEMBER 15, 2003 , IN BOOK 459 OF MAPS AT PAGE 39, 'IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID 'NORTHERN LINE, SOUTH 15051 ' 43" WEST 20 .80 .FEET; THENCE, LEAVING SAID NORTHERN LINE, NORTH 74008 ' 17" WEST 39 .58 FEET; THENCE, NORTH 12°51 ' 14" WEST 23 .39 FEET TO A POINT ON SAID NORTHERN LINE OF PARCEL A (468 M 21) ; THENCE, ALONG SAID NORTHERN LINE, ALONG THE ARC OF A NON-TANGENT 4, 453 . 00 FOOT RADIUS CURVE TO THE RIGHT, FROM. WHICH THE CENTER OF SAID CURVE BEARS SOUTH 15012 ' 29" WEST, THROUGH A CENTRAL ANGLE OF 00039 ' 14" , AN ARC DISTANCE OF 50..82 FEET TO SAID POINT OF BEGINNING. CONTAINING 937 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 DS oQ,l,ER S. Uj co 0: o CHRISTOPIIER S. HARMISON, P.L.S . J No. 7176 z I L.S. NO. 7176 Exp.1231 71-,!, EXPIRES : DECEMBER 31, 2009 1'\0001-059914(,?-00\Leg:,ls\PI10'_\WindPkx•yLE@i v23 duc . EXHIBIT 'B' WINDEMERE PARKWAY POB C1 S15'12'29"W(R) /\ P R r r L A ( 4 5 J J\/1 3 J J NG LIC UTITLITYI EASEMBENT S U EUVISI ON 8715 PER 468 M 21 PARCEL A 4.5 J Jail J J 468 M 21 LINE TABLE NO. BEARING LENGTH L1 S15'51'43"W 20.80' CURVE TABLE L2 N74'08'17"W 39.58' NO. RADIUS DELTA LENGTH L3 N12'51'14"W 23.39' C1 4453.00'100'39'14"150.82' PLAT TO ACCOMPANY LEGAL DESCRIPTION LANDSCAPE EASEMENT ' PARCEL A (468 M 21 )' 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\ACRD\PH02\PLAT\v23-LE � F c471GN -Z-�LS49PC- 646EM64]%(,+PrV,'229-ADD-1015) Windemere BLC Land Company LLC, a California limited liability company By: Brookfield Bay Area Holdings LLC. a De law ed li i ' company, Member By: David Luebkeman Vice President Its: Chief Financial Officer By: rX L--rtC Irs,t0 Its: V ICtt�G-�S1 (Jmty-T 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: urian G. Olin Vice President ACKNOWLEDGMENT State of California County of O',Abs On ) I before me, DaLl" Lf—vile' '—ar &L� ' LL (insert name and title of the of(icer) personally appearedf 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. GElRA t. LEVINE Commission • 1744607 Notary Public -California Contra Costa County ISCarrm 2A2M I Signature " (Seal) STATE OF CALIFORNIA COUNTY OF On �'GUl �� , before me, m t- t,}k2j,C: j (here insert name and tide of the office�) personally appeared 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. MANNAN PELLATT Commission i Notary Public -California r Contra Costa County Signature: nryComm.ExpiesSeptb,2ai1 (SEAL) STATE OF CALIFORNIA COUNTY OF On ;g , before me, ��2zz insert name and title of the officer) personally appeared _ &f,�4�_( 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/sI'.—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. ASHMORE s """ Comminlon# 1694474 .� Notory Public-California Contra Costa County My Comm.Expires Oct 5,201 Signature: (SEAL) . 2544-43390\760412.1 12/26/07