HomeMy WebLinkAboutMINUTES - 04042000 - C7-C11 Recorded at the request of.
Contra Costa County
Public Works Department
Engineering Services Division
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Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 4, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILIA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/152
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED
FOR RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA
Offers of Dedication Sub 8132 Shapell Industries, Dougherty Valley
Landscape Easements APN: 222-120-025-2 a Delaware Corporation
And 222-120-026-0
I hereby certify that this is a true and correct copy of an
RL:k , action taken and entered on the minutes of the Board of
G:kGrpData�EngSvciBO120001BO 4-4-OO.doc Supervisors on the date shown.
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Recorder(via Clerk of the Board)then PW Records
Current Planning,Community Development ATTESTED: APRIL 4, 2000
Debbie Sanderson,Community Development
Sam Worden PHIL BATCHELOR, Clerk of the Board of Supervisors
Chris Truebridge
Shapell Industries and County Administrator
PO Box 361164,Milpitas,CA 45035
By , Deputy
L �
Recorded
at
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Public Works Department
Engineering Services Division CONTRA COSTA Cc Recorder Office
Return to: STEPHEN L. WEIR Clerk-Recorder
Public Works Department DOC— 2000-0069362-00
Engineering Services Division
Records Section T, APR 06, 2000 34:34:33
Area: Dougherty Valley FRE $0.00
Road: Caraway Court Sweetgale Drive Tt I Pd $0.00 Nbr-0000055575
Development: SUB 8132 Ire/RS/1-5
APN:222-120-0252
OFFER OF DEDICATION-LANDSCAPE EASEMENT
Shapell Industries Inc., a Delaware corporation, 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 December 15, 1999 cD >
By:
(PrintN & ".'t. Tru ge, s tans Secretary
By:
(PrintNwnedt fthur P. rdi, Assistant Vice President
(see attached notary)
P,JOBS-971971142Ve25.wpd
Recorded at the request of: IIIII'III��III"III��IIIII
Contra Costa County CONTRA IIIIIINIIIIIIIIIIIIIiI
COSTA Co Recorder office
Engine Works a vices Div STEPHEN L WEIR, Clerk-Recorder
Engineering Services Division �� ,
RecurReturn to: T, /� — 2000'�® op 1'�-�0
to:
Department
Engineering Services Division FRS R as, 2000 14.'24:17
Records Section $0.00
Ttl pd X0.00
Area: Dougherty Valley Nbr-0000800070
Road: Commodore Court Sweetgale Drive ire/N0/!-8
Development: SUB 8132
APN:222-120-026-0
OFFER OF.DEDICATION- LANDSCAPE EASEMENT
Shapell Industries Inc., a Delaware corporation, 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 December 15, 1999 (Date>
By: �1
(PrintN I(Title) r iU—s—s—fs—rTn-E Secretary
By: 10
(Print Kane&Ti ) Arthur ombardi, Assistant Vice
President
(see attached notary)
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LEGAL DESCRIPTIONensen
LOT 26
XAar & Associates
6601 OWENS DRIVE, SUITE 155 • PLEASANTON, CA
94588
SUBDIVISION 8132 PHONE: (925) 227-9100- FAX: (925) 227-9300
SCALE: DATE: JOB NO.:
CONTRA COSTA COUNTY, CALIFORNIA 1:400 1 1-24-99 971 142
TIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 4, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/157
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8016,Alamo
area.
The Public Works Director, having reported that in order to fulfill their subdivision and
ordinance requirements associated with the approval of this Final Map, it is necessary for the
developer to insure the construction of both on and off-site improvements. These
improvements are guaranteed by this Subdivision Agreement and a separate Road
Improvement Agreement(RA 1141). In addition, some improvements are required on lands
not currently owned by the developer of the County. The developer is therefore also entering
into an acquisition of off-site Right of Way Agreement. All three agreements [Subdivision
Road Improvement and Acquisition of off-site Right of Way] are necessary for the approval
of this Final Map and are being considered for approval by this Board on the same date under
three separate Board Orders.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 8016, property located in the Alamo area, said map
having been certified by the proper officials;
II. Subdivision Agreement
A subdivision agreement with SummerHill Stone Valley Ltd., a California Limited
Partnership by SummerHill Stone Valley Inc., a California Corporation, its General
Partner, subdivider, whereby said subdivider agrees to complete all improvements
as required in said subdivision agreement within one year from the date of said
agreement. Accompanying said subdivision agreement is security guaranteeing
completion of said improvements as follows:
A. Cash Deposit
Deposit amount: $13,367.00
Deposit made by: SummerHill Stone Valley Ltd., a California Limited
Partnership by SummerHill Stone Valley Inc., a California Corporation, its
General Partner
RESOLUTION N0. -2000/157
V
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8016,Alamo
area.
DATE: April 4, 2000
PAGE -2-
Auditor's Deposit Permit No. and Date: 347544; March 29, 2000
B. Surety Bond
Bond Company: American Motorists Insurance Co.
Bond Number and Date: 3SM 982 238 00, March 27, 2000
Performance Amount: $1,323,330.00
Labor&Materials Amount: $668,350.00
Principal: SummerHill Stone Valley Ltd., a California Limited Partnership
by SummerHill Stone Valley Inc., a California Corporation, its General
Partner
III. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 1999-2000 tax
lien has been paid in fall and the 2000-2001 tax lien,which became a lien on the first
day of January, 2000, is estimated to be $244,500.00, with security guaranteeing
payment of said tax lien as follows:
Tax Surety
Bond Company: American Motorists Insurance Co.
Bond Number and Date: 3SM 982 235 00, March 27, 2000
Amount: $244,500.00
NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions
for its design and improvement, is DETERMINED to be consistent with the County's general and
specific plans,
BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not
accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
RL:kw I hereby certify that this is a true and correct copy of an action taken and
G:\GrpData\EngSvc\BO\2000\BO 44-OO.doc entered on the minutes of the Board of Supervisors on the date shown.
Originator:Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Public Works-R.Bruno,Construction ATTESTED: APRIL 4, 2000
Current Planning,Community Development PHIL BATCHELOR Clerk of the Board of Supervisors and County
SummerHill Stone valley Ltd.
777 California Ave. Administrator
Palo Alto,CA 94304
By ,Deputy
TIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 4, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/158
SUBJECT: Approval of Acquisition of off-site Right-of-Way for Stone Valley Road, (SUB
8016), RA 1101, Alamo area.
The Public Works Director having reported that in order to fulfill their subdivision and
ordinance requirements the subdivider is required to install road and related improvements on lands
owned by a private property owner(Nunes). The subdivider has been unable to obtain the necessary
property rights and, therefore, has entered into an acquisition of off-site Right of Way Agreement
with the County, whereby the County will obtain the necessary property rights and the subdivider
will pay all related costs. The subdivider has agreed to waive Section 66462.5 of the Government
Code which requires the County to obtain the land rights within 120 days, thereby allowing the
developer time to continue to work with the property owners to obtain the necessary land rights after
the map has been filed.
The following documents were presented for Board approval this date:
I. Acquisition of the off-site right of way agreement for Subdivision 8016 (RA 110 1)
with SummerHill Stone Valley Ltd., a California Limited Partnership by SummerHill Stone Valley
Inc., a California Corporation,its General Partner, subdivider,whereby said subdivider agrees to pay
all costs and expenses involved in acquiring off-site right of way from a private property owner
(Babil R. and Dorothy E. Nunes) for construction of the off-site improvements required by the
conditions of approval for Subdivision 8016.
Said Acquisition of Off-site Right of Way Agreement accompanied by:
A. Security to guarantee payment of costs and expenses to acquire land
rights necessary for the construction of off-site improvements required by the subdivision Ordinance
Code the Conditions of Approval for SUB 8016, as follows:
1. Cash Deposit
Deposit Amount: $88,00.00
Deposit made by: SummerHill Stone Valley Ltd., a California Limited Partnership
by SummerHill Stone Valley Inc., a California Corporation, its General Partner
Auditor's Deposit Permit No. and Date: 347544; March 29, 2000
RESOLUTION NO. : 2000/158
If
"e
SUBJECT: Approval of Acquisition of off-silRight-of=Way for Stone Valley Road, (SUB
8016), RA 1101, Alamo area.
DATE: April 4, 2000
PAGE -2-
2. Surety Band
Bond Company: American Motorists Insurance Co.
Bond Number and Date: 3SM 982 237 00; March 27, 2000
Performance Amount: $117,600.00
Principal: SummerHill Stone Valley Ltd., a California Limited Partnership by
SummerHill Stone Valley Inc., a California Corporation, its General Partner
NOW THEREFORE BE IT RESOLVED that said Acquisition of off site Right-of-Way
Agreement is APPROVED.
All deposit permits are on file with the Public Works Department.
RL:kw
O:\CrrpData\EngSvc\330\2000\BO 4-4-OO.doc
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348) I hereby certify that this is a true and correct copy of an
cc: Pubic Works- R.Bruno,Construction action taken and entered on the minutes of the Board of
Current Planning,Community Development Supervisors On the date shown.
SummerHill Stone Valley Ltd. p
777 California Avenue
Palo Alto,CA 94304
ATTESTED: April 4, 2000
PHIL BATCHELOR, Clerk of the Board of Supervisors
and County Administrator
By � -- , Deputy
AGREEMENT ,
(Acquisition of Off-Site Right-of-Way)
1. PARTIES. Effective on April 4. 2000 . the County of Contra Costa, referred
to as the "County," and summerHill stone valley . referred to as the "Subdivider," agree as
follows:
2. PURPOSE. The Subdivider is subdividing certain real property located within the County
designated as Subdivision 8016 .and, as a condition of approval of such subdivision, is required
to construct or install certain offsite improvements consisting of widening stone valley
_Road to a 17-.foot half-width alone the north side of the road. and far additional
width as needed to vrovide left-tern channelirat on into the subdivision
The construction or 'installation of the offsite improvements requires the acquisition of title to, or an interest in,
certain land(referred to as the"Right-of-Way")located within the unincorporated area of the County, in which land
neither the Subdivider nor the County presently has sufficient title or interest to permit the improvements to be
made. The purpose of this Agreement is to provide for acquisition of the Right-of-Way and for payment by the
Subdivider of all costs of acquiring the Right-of-Way.
3. ACQUISITION OF RIGHT-OF-WAY. The County agrees to consider the institution of
condemnation proceedings to acquire the Right-of-Way, so as to enable the construction or installation of the off-site
improvements described in Section ? above and in the conditions of approval for the Subdivider's subdivision.
Should the County elect to institute condemnation proceedings, the County shall determine, in its sole discretion,
whether to acquire the Right-of-Way in fee, by easement or otherwise, and whether to acquire title by deed, offer
of dedication or other document. Title to the Right-of-Way shall be acquired in the name of the County or such other
public entity as the County shall determine. The Right-of-Way is generally described or depicted in Exhibit "A"
attached to and made a part of this Agreement.
4. PAYMENT OF ACQUISITION COSTS. The Subdivider shall pay all costs and expenses of
acquiring the Right-of-Way, including, but not limited to:
a. The deposit necessary to obtain immediate possession of the Right-of-Way.
b. The purchase price or compensation for the Right-of-Way, whether determined through
settlement,judgment or otherwise.
C. Relocation benefits, if any, payable to the owner(s) or tenants of the Right-of-Way.
d. Compensation for loss of goodwill, if any,payable to the owner(s)or tenants of the Right-of-
Way.
ight-ofWay.
e. Attorney's fees, costs of suit, appraisal fees and other litigation expenses incurred by the
County, whether prior to trial, at trial, or on appeal.
f. The cost of preparing environmental documents and of performing environmental review'`
necessary to comply with the provision of the California Environmental Quality Act.
g. Fees and costs payable upon abandonment of the condemnation proceedings.
h. Fees and costs awarded upon a finding of no or insufficient public use or necessity.
i. The cost of negotiation, relocation assistance or other services performed by the County.
The Subdivider's obligation to pay all costs and expenses of acquiring the Right-of-Way shall exist whether
the County elects to institute condemnation proceedings or not.
5. No later than 10 days after the filing of the final map pursuant to Government Code Section 66457,
the Subdivider shall provide the County with all information necessary to obtain a Resolution of Necessity including
the following documents and information in writing:
a. The name and address of the owner(s) of the property, and any tenants on the property, the
legal description(metes and bounds) and plat maps (drawn to scale) of the property to be condemned.
b. Evidence of compliance with the California Environmental Quality Act of 1970 (Pub.
Resources Code Section 7260 et seq.).
C. A statement of all offers made to obtain the property by negotiation and copies of all
correspondence indicating offers and responses, including evidence of an offer, which satisfies the requirements of
Government Code Section 7267.2.
d. A current title report and appraisal of the property.
6. FECAL SERVICES. Upon election by the County to institute condemnation proceedings, the
County Counsel's Office shall have supervision of the said condemnation action but the Subdivider's attorney shall
perform all legal services required for said condemnation action, such as (a) commencing proceedings pursuant to
Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the
land which will permit the improvements to be made, including proceedings for immediate possession of the
property under Article 3 (commencing with Section 1255.410) of Chapter 6 of such title, (b) all required legal
appearances, (c) conducting the trial of said matter, and(d)handling any required post trial proceedings, including
appeals. Any attorney retained by the Subdivider shall be associated as special counsel for the County, but the
County shall not be responsible for payment of the fees or expenses charged by such attorney. The Subdivider
agrees that any attorney retained by the Subdivider shall conduct the legal proceedings without delay and in such
a manner as to acquire the Right-of-Way as soon as practicable,but in no event shall the eminent domain action be
filed later than 10 days after a Resolution of Necessity has been adopted by the Board of Supervisors. Title to the
property(whether by fee, easement or otherwise) shall be acquired no later than 18 months after filing the eminent
domain action. The Subdivider's attorney shall notify County Counsel in writing of the following events
immediately upon their occurrence. the date eminent domain proceedings are commenced, the date possession of
the property is obtained, and the date title to the property is obtained.
Not withstanding the Subdivider's use of a private attorney, the County retains the right, in its sole
discretion, at any time, to require that the County Counsel's Office resume exclusive handling of the legal
proceedings until the Right-of-Way has been finally acquired,whether through settlement,judgment or otherwise.
All services rendered by the County Counsel's Office will be charged to the Subdivider at the rate of$93.00
per hour. Costs of suit, deposition fees, appraisal fees, telephone tolls, mileage, fax changes, delivery or mailing
services and other expenses are additional and will be charged to the Subdivider at actual cost.
7. OTI~;iER SERVICES. The County may perform such other services as the County, in its sole
discretion, deems necessary for acquisition of the Right-of-Way. These may include, without limitation,negotiation
and relocation assistance service provided by the Public Works Department (Real Property Division) and
environmental review service provided by the Community Development Department. Such other services will be
charged to the Subdivider at the County's fully burdened salary rate.
8. DEPOSIT OF PRELIMINARY COSTS AND YPENSES. At the time of executing this
Agreement, the Subdivider shall deposit with the County the sum of;$8,000in cash, certified check or cashier's
check, which sum shall cover the estimated costs and expenses described in section 4, 5, and 6 above.
If, at any time, the deposit just described is exhausted,or is insufficient to cover costs or expenses incurred
by the County, the County shall promptly notify the Subdivider in writing. Within 15 days of the date of such notice,
the Subdivider shall deposit with the County the additional sum specified in the notice.
Any portion of the deposit(s) made by the Subdivider that is not used to cover costs or expenses incurred
by the County shall be refunded to the Subdivider.
9. DEPOSIT OF PROBABLE COMPENSATION.In those cases where the Subdivider has obtained
an appraisal of the Right-of-Way prior to executing this Agreement, the Subdivider shall, at the time of executing
this Agreement, deposit with the County, in cash, certified check or cashier's check, the sum shown in the appraisal,
which sum shall be used to obtain immediate possession of the Right-of-Way pursuant to Code of Civil Procedure
Section 1255.010.
In those cases where the Subdivider has not obtained an appraisal of the Right-of-Way prior to executing
this Agreement, the Subdivider shall, at the time of submitting the appraisal required under Section 5, also make
the deposit just described.
An appraisal (check one):
[ ] has been obtained. The probable amount of compensation to be deposited with the County is 5—
X] has not been obtained, but`is estimated to be $80,000.
o
Prior to the time the condemnation action is to be filed, Subdivider may make written application to the
County to deposit with the Court the probable amount of compensation pursuant to Code Civil Procedure Section
1255.010. Said application must be made no later than 3 days following the adoption of the Resolution of Necessity
by the Board of Supervisors and a copy of the application shall be sent to the County Counsel's Office. In the
alternative, the Subdivider may make the Code of Civil Procedure Section 1255.010 deposit from other sources and
upon proof thereof, request return of the amount of probable compensation from the County.
If an increase of deposit is ordered by the court pursuant to Code of Civil Procedure Section 1255.030, the
Subdivider shall deposit the amount of the increased deposit with the court, within 5 days of receipt of the court's
order to increase the deposit.
Any portion of the deposit (s) made by the Subdivider and retained by the County (as opposed to being
deposited with the court) that is not used to cover costs or expenses incurred by the County shall be refunded to the
Subdivider.
10. SECURITY FOR SUBDIVIDER'S BLIG 'TIONS.At the time of executing this Agreement,
the Subdivider shall, in addition to the deposits described in Sections 8 and 9, submit to the County a corporate
surety bond, letter of creditor other security in the sum of S 117,600.00 which sum shall cover the
estimated costs and expenses to be incurred by the County between the time immediate possession of the Right-of-
Way is obtained and the time the eminent domain proceeding is finally concluded, as well as any potential additional
compensation,benefits and attorney's fees that may be awarded to the owner(s) of the Right-of-Way in the eminent
domain proceeding. The security submitted by the Subdivider shall be in a form acceptable to the County Counsel's
office, shall list the County as beneficiary or payee, and shall guarantee the payment and performance of all
obligations of the subdivider under this Agreement. Should the County file suit to collect the security submitted by
the Subdivider, the Subdivider and the issuer of the security shall pay all costs, attorney's fees, investigation and
expert fees, and other expenses incurred by this section shall in no way limit the Subdivider's responsibility for
payment of all costs and expenses described in Sections 4, 6 and 7.
11. RECORDS. The County shall maintain accurate records of all services performed by the County
and all costs or expenses incurred by the County.
12. ACQUISITION TIME. Pursuant to Government Code Section 66462.5, the County is required to
acquire the Right-of-Way by negotiation or commence condemnation proceedings within 120 days of the filing of
the final map for Subdivision 8016 .'Phis obligation has been assigned to the Subdivider by this
Agreement. The final map was/will be filed on _ April 4, 2000 .Upossession of the off-site Right-of-
Way
ight-ofWay has not been acquired within 60 days of the date of final map was filed, Subdivider shall notify the County
Counsel's office of this fact in writing, no later than 65 days after the final map as filed.
The Subdivider shall make all payments, and perform all obligations, required of the Subdivider under this
agreement in a prompt manner, so as to meet the schedule imposed by Government Code Section 66462.5. Any time
delay caused by or resulting from delay in payment of a delay in the performance of or failure to perform any act
required by or related to this Agreement, for whatever reason, on the part of the Subdivider, the Subdivider's
attorney or their agents or employees, or anytime expended in complying with the requirements of the California
Environmental Quality Act shall not apply against the 120-day time limit and shall not relieve the Subdivider of
the obligation to complete off-site improvements. Subdivider agrees that the 120-day time limit shall be tolled for
the period of the delay. Subdivider ftuther agrees that if the 120-day time limit is exceeded as the result of any act
of the Subdivider, Subdivider's attorney or their agents or employees, the Subdivider shall not be relieved of his
obligation to construct or install the off-site improvements described herein.
ie G*G)
13. HOLD HARMLESS. The Subdivider agrees to defend, indemnify, save and hold harmless the
County, its boards, officers, employees and agents from and against any and all costs, expenses or liability incurred
by the County or the Subdivider in connection with the Subdivider's acts errors, or omissions pursuant to this
Agreement, or otherwise related directly or indirectly to the acquisition of the Right-of-Way, or the project to be
constructed by the Subdivider.
14. SEVERABILITY. Should any provision of this Agreement be held to be invalid or unenforceable
by a court of competent jurisdiction, such holding shall not affect the remaining provisions of this Agreement.
COUNTY SUBDIVIDER
County of Contra Costa SummerHill Stone Valley Ltd, a California
Limited Partnership
by SummerHill Stone Valley Inc. , a
California corporation, Its General Partner.
By By —�
Chair, of Supervisors
ATTEST: Phil Batchelor, County Administrator
and Clerk of the Board of Supervisors
By QBy
V VV
Deputy r 2 K-9" A- 'c.,�►.��,�+'
RECOMMENDED FOR APPROVAL: Pj �(WAY-1
J. Michael Walford, Public Works Director
By "J
r-
FORM APPROVED:
Victor J. Wessman, County Counsel
By
for
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\\PWSIISHARDATA1GrpData''>Eng9velFomss\AG WORMAG-7.doc
Rev.June=1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
y x�
State of California
County of sn_,,,Ao, tr'uca_ ss.
On 6 rd", Z<, 2cM , before me, 1� t
Date Name and Tile of Officer(e.g.,lUsne Doe,No ry blic')
personally appeared ,m ' itat •.,r� A• S�a�f►ti ,
Name(s)of Signer(s) 1i
i personally known to me
D proved to me on the basis of satisfactory
evidence
to be the person(g whose nameo) i r
subscribed to the within instrument and
HELEN M.ALLEN acknowledged to me that he/sho(�executed
Commission# 1199214 the same in his/he e(r authorized
Notafy Public-CnROM10 capacity re , and that by his/he et
Santa Clara County signatureo on the instrument the person(M, or
MyComm.ExpitesOct 2Z2tZ12 the entity upon behalf of which the persona
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public y
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this fowl to another document.
t
Description of Attached Document
Title or Type of Document: Q ( ' ;
Document Date: /ff n Number of Pages:
Signer(s)other Than Named Above:
Capaclty(les) Claimed by Signer
Signer's Name:
Individual
Top of thumb here
Corporate officer—Title(s):
Partner—C Limited ❑General
❑ Attorney in Fact
® Trustee
C Guardian or Conservator
❑ other:
Signer Is Representing:
m 1997 National Notary Association-9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-578.8827
r
INf III III I III If IIII I IIII II II ill III f IIII I II II IIII
Recorded at the request of: CONTRA COSTA Co Recorder Office
Contra Costa County STEPHEN L, WEIRClerk-Recorder
Engineering Servvicesices Division
Pudic Works Department �..DOC 20011-0034823-00
Return to:
Public works Department Wednesday, FEB 14, 2001 15:13:17
Engineering Services Division FRE $0.00
Tt l Pd $0.00 Nbr-0000253115
Irc/RS/1-5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 4, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIERt CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/153
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED
FOR RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA
Offer of Dedication 222-050-057 Lilia C. O'Connor Dowty Valley
Landscape Easement SUB 7979 Kevin R. O'Connor
I hereby certify that this is a true and correct copy of an
RL:kw action taken and entered on the minutes of the Board of
G:\GrpData\EngSv6BO\2000\BO 44-00.doa
Originator: Public Works(ES) Supervisors on the date shown.
Contact: Rich Lierly(313-2348)
cc: Recorder(via Clerk of the Board)then PW Records
Current Planning,Community Dev ATTESTED: APRIL 4, 2000
Debbie Sanderson,Community Development
San Worden PHIL BATCHELOR., Clerk of the Board of Supervisors
Chris Truebridge
Shapell Industries,P.O.Box 361169,Milpitas,CA 95035 and County Administrator
By Deputy
RESOLUTION No. /153
Recorded at the request of:
Contra Costa County
Public Warks Department
Engineering Services.Division
Return to: Recee
Public Works Department .1
Engineering Services Division r
Records Section : Y 0 �' 000
Area: Dougherty Valley LANDsr%
Road: N.Chanterella Drive
Development: SUB 7979 N (
APN: 222-050-057
OFFER OF DEDi CATION- LANDSCAPE EASEMENT
We, L,ilia C. O'Connor and Kevin R. O'Connor, the undersigned,being the present title owner of
record of the herein described parcel of land, do hereby mare 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
cDate>.
— aPF rod before Me in pe"
81 sworn before me this- �
day of j LArA��� By:
(Print Name do Title)
t
NOTARY PU13LIC By: t1vt4%J
STATE OF (Prim Name ffi Tide)
NEW MEXICO t 7-f 7 b 166
JOHN D.A pE
My Commi�ri I—.
P:Q0BS-95\951051\0C0NNO W I.
�3- 411 ORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
+ State of t 'r 1011_
County of Uq-�rck_....
On {`fib before me, �S\'
1 Date • Name and Title of Officer g.,'Jane Notary Publ
+ personally appeared '��r` ! co n✓\ le 1 i • �' p r�UY' ,
Namete)of Si ner(s)
Cl personally known to me–OR roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)19Qubscribed to the within instrument
f and acknowledged to me that he/sh a xecuted the `
same in his/her uthorized capacity(ies),and that by
his/her ei ignature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
JULIE J. ANLBERC executed the instrument.
t moi~ COMMISSION 1177911
NOTARY PUBLIC-CALFORNIA 7
ALAMEDA COUNTY WITNESS my hand and official seal.
MY COMMISSION EV.APR.B,2=
qP mrp-W 14P-40k,
Si re of Notary Public
� C)fQT tV
t Though the information below is not required by law,it may p ve able to persons relying on the document and could prevent
fraudulent removal and reattach ent of this form to another document.
f
Description of Attached Document
Title or Type of Document: �: . 'e r {7'T c+ ►04,0--, t_A-nct C
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
i
0 Individual C Individual �
i 0 Corporate Officer 0 Corporate Officer
+ Tltle(s): _ Title(s):
+
13 Partner---0 Limited 0 General 0 Partner—0 Limited 0 General
0 Attomey-in-Fact 0 Attorney-in-Pact
® Trustee 0 Trustee
0 Guardian or Conservator - f7Guardian or Conservator -
i 0 Other: Top of thumb here 0 Other. Top of thumb here
1
I
f Signer is Representing: Signer Is Representing:
l
i
01995 National Notary Association•8236 Rommel Ave.,P.O.Sox 7184•Canoga Park,CA 91309.7194 Prod.No.5907 Reorder.Call Toff-Free 1-800.07"827
< 81
Y
i
L 0 T 79 N55-16'27"E
13.00 �
N8751`0 I"W
10.79
0 20 40 P.0.B.
EXISTING 5' PUE
I inch 20 ft.
W
LOT 58 L � 7
N
N -j
LLJ
AREA= 460 SQ.FT
N63 08'04"W
13.00'
WINEBERRY DRIVE
LGEM
LANDSCAPE EASEMENT
LOT LINE
POINT OF BEGINNING P.0.B.
i.AflltRWtLVKWY�M/+MNR��14V��1 WRx dfJI900C
SUBDIVISION 7979 B396 M1
L�fJ T 57 t%jelnsen
er�
PLAT TCS ACCOMPANY �ac s. Associates
a(9s DRIVE. 155 (925)22;-9. 00 s458gLE AL DESCRIPTION PHOwE: {sza} 227-9100 • FAX:
{szs} zzr-sacra
SCALE: DATE: JOB NO.:
Lmm�CITY OF SAN RAM'OM CONTRA COSTA COUNTY, CALIFORNIA f"=20' 03 07 2tI0tJ 951CJ5J X
-O,
EXHIBIT"A"
Lot 57 Tract 7979(396M1)
Shapell
City of San Ramon
County of Contra Costa
Landscape Easement
Real property situate in the City of San Ramon, County of Contra Costa, State of California
being a portion of Lot 57 as said Lot 57 is shown on the map entitled Subdivision 7979 filed on
October 29, 1997 in Book 396 of Maps at Page 1 Contra Costa County Records,described as
follows
Beginning at the most northerly corner of said Lot 57;thence along the northeasterly line of said
Lot 57, S.40"30'52"E., 92.63 feet;thence leaving said easterly line,N.63°08'04"W., 13.00 feet;
thence N.40°30'52"W., 74.63 feet,thence N.87°51'01"W., 10.79 feet to the northerly line of said
Lot 57; thence along said northerly line,N.55'16'27"E., 13.00 feet to the Point of Beginning.
Containing 460 Sq. Ft.
1.0
Charles F. Sellman L.S. 5186
CK> LAN d s
Date
,4 No;We �
EXPRM s-
P:IJOBS-95\951051\SURV E"Y\LOT57.DES
Data July 12,1999
eill
Recorded at the request of:
Contra Costa County
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 4, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/154
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED
FOR RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA
Offer of Dedication 222-050-056 Thomas A. Tobiason Dougherty Malley
Landscape Easement SUB 7979 Elizabeth S. Tobiason
I hereby certify that this is a true and correct copy of an
RL:kw action taken and entered on the minutes of the Board of
G:,GrpDaWEngsv6,Bo\2000,B044-00.doc Supervisors on the date shown.
Originator: Public Works(BS)
Contact: Rich 1,ierly(313-2348)
cc: Recorder(via Clerk of the Board)then PW Records
Current Planning,Community Development ATTESTED:_.MIL 4. 2000
Debbie Sanderson,Community Development
San Worden PHIL BATCHELOR, Clerk of the Board of Supervisors
Chris Traebridge
Shappel Industries,PO Box 361159,Milpitas,CA 95035 and County Administrator
IeN
By , Deputy
RESOLUTION NO. : 2000/154
- - Iii I VIII I Illi i II II ilil
Illlilllllillliillliilllll
Recorded at tete request of:
Contra Costa County CONTRA COSTA Co Recorder Office
Public works Department STEPHEN L. WEIR, Clerk-Recorder
Return to. services Division DOC_ 2000-0069363-00
Return to:
Public works Department T, RPR IDS, 2000 M24%29
Engineering Services Division FRE $0.00
Records Section Tt,l Pd $0.00 Nbr-0000855577
Ire/R9/!-5
Area: Dougherty Valley
Road: N,Chanterella Drive
Development: SUB 7979
APN: 222-050-056
OFFER OF DEDICATION-LANDSCAPE EASEMENT
C+hiCas»' °fir.
We, Thomas A.Tvbir=and Elizabeth S. Tobiason,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 CJ3 j (bei).
Y:
(Print Name k rale)
.r
By: J rrrt �Lj 0L__
(PrtlW6&Title)
(see attached notary)
DU0aS-95\95105l1t& m.wM
CALIFORNIArte.
C
4`��tc.�{ie S �?A�fJ=*� �4 �z�1'i1 R. 'f`�is.l� ��dljh`rit'3�'. '•'.�"`'fl����'P� ',a
tp iW ALL-PURPOSE y�
�sriT: tiikf: � tN � �f ' �it; fiit
t�'sr.'�t�� '•t�1W Y13'i�r' iii.NtP �' L11Sy i/�'� i+ 'yy'/x of n.: ���i§s:.1f�' Yitr
ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
COUNTY OF
t . l }c3r�ru�t,t' �
before me, r�' � � t'.r► ,
CAT--E NAIVE, TITLE CSF OFe iCEn G.."JANE ooE14TARY PUELIC"
personally appeared, 4 /+CYC 7�t
personally known to me (or proved to me on the basis of satisfactory evidence to be the person(s)
whose name's) islare subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in hislher,rtheir authorized capacity(ies), and that by his/her/their
sicnature(s)on the instrumerrtt the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand and official seal, oNMo Ob P r� h
0 • NOTARY PUBLIC4ALIFORNIA
CONTRA COSTA COUNTY Cf
COMM,EJCP.NOV,i9,2OC}3
(SEAL.)
NOTARY PUELIC JIGWURE
+.1{C{;a. .iiskt:f,., .r:=•:.;Jri.\15iai�j7p;,
OPTIONAL INFORMATIC}N
TITLE OR T 'I'E OF I3C}CUhIE`T
DATE OF DOCUMENT DUMBER OF PAGES
SIGNER(S)OTHER THAN NAMED ABCTL'E
EXHIBIT"A"
Lot 56 Tract 7979(396M 1)
Shapell
City of San Ramon
County of Contra Costa
Landscape Easement
Real property situate in the City of San Ramon, County of Contra Costa, State of California
being a portion of Lot 56 as said Lot 56 is shown on the map entitled Subdivision 7979 filed on
October 29, 1997 in Boob 396 of Maps at Page 1 Contra Costa County Records, described as
follows:
Beginning at the most southeasterly corner of said Lot 56; thence along the southerly line of said
Lot 56, 5.60°11'31"W., 14.00 feet;thence leaving said southerly line,N.28°54'46"W., 94.35 feet;
thence N.12°4453"W., 11.14 feet to the easterly line of said Lot 56 and a non tangent curve to
the right having a radial of 5.50°06'52"W., a radius of 600.00 feet, a delta of 10°04'39";thence
southeasterly along said easterly line and along said curve an arc length of 105.53 feet to the
Point of Beginning.
Containing 1,044 Sq. Ft.
- DS
Charles F. Sellman L.S. 5186 ' ' 9444
Date * Na
P:V OBS-951951051\SLTRV EY\LOTS6.DEs
r
VAI N E B E R R Y DRIVE 550°0652"W (R)
N12`44'53"W—
11. 14'
0 20 40
! inch 20 ft. -�
La„1
AREA= 1,044 SQ.FT {--
LOT 55
L O T 56c�
4L= 10°04'39„
R= 600.00'
L= 105.53'
560`11'31"W
14.00'
S60* 1'31"W
PA RCEL A
LEGEND
LANDSCAPE EASEMENT
LOT LINE
POINT OF BEGINNING P,0.B.
SUBDIVISION 7979 B396 M1
i �ATta1LIRp
4 ►W77iNMTw�rz:.: M274cw
uggeri -
c
LOT 5B Jensen -z�r aAssociates TO ACCOMPANY
LEGAL DESCRIPTION PHONE6601 : 925) 22WENS 7-91 O0E55•�FAX 925) 227-9300 X498$
SCALE. DATE: J0B NO..
CITY Of SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA 1"-20' J E z000 I 951051EY