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HomeMy WebLinkAboutMINUTES - 06262001 - C.33 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 26, 2001 SUBJECT: ACCEPT petition for formation,ADOPT the resolution of intention to order an assessment and FIX a hearing to consider formation of the DiscoveryBay West Parking District and levying assessments on parcels to be formed to the Discovery Bay West Parking District, SUB 7686, Byron area. (WO 5042, ORG 7783) SPI.:CIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ACCEPT petition for formation of the Discovery Bay West Parking District and 2. ADOPT the Resolution of intention for the formation of and order to levy assessments, and 3. FIX a Public Hearing for August 14, 2001 at 9:00 a.m. in Room 107 of the Board of Supervisors' Chambers,651 Pine Street,Martinez,California to certify the tabulation of the ballots submitted for the proposed formation and levy of assessments. Continued on Attachment:X SIGNATURE: _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER I SIGNATURE(S): j ACTION OF BOARD ONJune26 , 2001 APPROVED AS RECOMMENDED" OTHER 1 t l VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT None ) AYES: NOES: 1 hereby certify that this is a true and correct copy of an action taken and ABSENT: ABSTAIN: entered on the minutes of the Board of Supervisors on the date shown. SE:sd June 26 2001 G:\CpData'SpDist\Board Orders\2001\06 Junc\Zone Gl Disco Bay West.doc ATTESTED: Orig.Div:Public Works(Special Districts) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: Skip Epperly(313-2253) Administrator CC: County Administrator Assessor Auditor-Controller By Deputy Community Development LY County Counsel SUBJECT: ACCEPT petition for formation,ADOPT the resolution of intention to order an assessment and FIX a hearing to consider formation of the Discovery Bay West Parking District and levying assessments on parcels to be formed to the Discovery Bay West Parking District, SUB 7686, Byron area. (WO 5042, ORG 7783) DATE: June 26, 2001 PAGE - 2 - 1. 2 -I. Recommended Action: (con't) 4. DIRECT the Public Works Director to mail, by first class mail, a written notice and ballot to each parcel owner within the development in compliance with Proposition 218. 5. DIRECT the Clerk of the Board to publish a notice pursuant Section 6066 of the Government Code of the proposed formation and levy of assessments for the Discovery Bay West Parking District. II. Financiallmpact: There will be no financial impact to the County General Fund. All costs will be covered with revenue from the Discovery Bay West Parking District formed under the Parking District Law of 1951. M. Reasons for Recommendations and Background: The developer is required by Condition of Approval to install a park and ride lot and annex to an assessment district for continued maintenance and operation of the parking facility. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for SUB 7686, and an alternative means to finance the public parking facility would have to be found. 33 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 26, 2001,by the following vote: AYES: Supervisors Gioia, DeSaulnier , Glover , Gerber and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 2 8 7 SUBJECT: RESOLUTION ACCEPTING THE PETITION FOR FORMATION FOR DISCOVERY BAY WEST PARKING DISTRICT AND FIXING A PUBLIC HEARING TO CONSIDER THE FORMATION AND LEVYING OF ASSESSMENTS FOR PARCELS WITHIN THE DISCOVERY BAY WEST PARKING DISTRICT The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing SUB 7686 (the "Development") consisting of 1 parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 1 parcel. 2. On JULY 23, 1999 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into a maintenance district for the park and ride lot required as a condition of approval. The appropriate funding mechanism for operating and maintaining a parking lot is the Parking District Law of 1951. 3. Once the Parking District is formed and the Development is annexed into the District,the parcels within it will receive a special benefit over and above that received by the general public in the form of lighting services. This service is-a "miscellaneous extended service" (the "Extended Service") as defined in Article 1012-2.406 of the Contra Costa County Code. 4. In order to fund the Extended Service that will be provided to the parcels within the Development,it will be necessary to levy a service charge(the"Assessment"). The service charge meets the requirements of an"assessment"under Article XIIID of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcels within the development. 5. A copy of the"Addendum to the Final Engineer's Report to the Board of Supervisors for Establishing a Parking Maintenance Service Charge for Fiscal Year 2000/2001 (the"Engineer's Report")is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.602 of the Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property receiving the Extended Service,the Assessment Diagram,the total Assessment chargeable to the entire Parking District; the estimated Assessment chargeable to each parcel,the calculations supporting the Assessment, and the duration of the Assessment. 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. SE:JR:sd G:\GrpData\SpDise\Board Orders\2001\06 June\Zone 61 Disco Bay West.doc Orig.Div:Public Works(Special Districts) ATTESTED: Jun 26 , Contact: Skip Epperly(313-2253) JOHN SWEETEN,Clerk of te Board of Supervisors and County cc: County Administrator Administrator Assessor Auditor-Controller Community Development County Counsel By Deputy RESOLUTION NO. 2001/ 2 8 7 SUBJECT: RESOLUTION ACCEPTING THE PETITION FOR FORMATION FOR DISCOVERY BAY WEST PARKING DISTRICT AND FIXING A PUBLIC HEARING TO CONSIDER THE FORMATION AND LEVYING OF ASSESSMENTS FOR PARCELS WITHIN THE DISCOVERY BAY WEST PARKING DISTRICT DATE: JUNE 26, 2001 PAGE: 2 6. The Board has adopted the Engineer's Report for the Discovery Bay West Parking District on August 14, 2001. Based on its review of the Engineer's Report, the Board finds that: (a) The Extended Service financed by the Assessment will directly benefit the parcels within the development. (b)The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Extended Service will confer on each parcel. Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing(the"Hearing")on August 14,2001 at 9:00 a.m.in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice.A copy of the Engineer's Report is on File with the Public Works Department. 3. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the Hearing, the Board shall consider any objections or protests to the Assessment and certify the tabulation of the Ballots. The Board shall not impose the Assessment if there is a majority protest. A majority protest exists if, upon conclusion of the Hearing, Ballots submitted in opposition to the Assessment exceed the Ballots submitted in favor of the Assessment. In tabulating the Ballots, the Ballots shall be weighted according to the proportional financial obligation of the affected property. 4. If there is no Majority Protest,the Board may adopt a resolution which: confirms the Engineer's Report; levies the Assessment in the Engineer's Report;finds that the Director of the Contra Costa County Public Works Department,acting as the designated director,has concluded that the Engineer's Report conforms to the official assessment roll for the year in which the assessment will be collected and, therefore, constitutes the Final Report for the Assessment;confirms the Final Report;and levies the Assessment for the Fiscal year referred to in the Engineer's Report. RESOLUTION NO. 2001/ 2 8 7 Exhibit A CONTRA COSTA COUNTY DISCOVERY BAY WEST PARKING DISTRICT Property Owner's List Parcel Assessor's Parcel Number Owner's Name/Address 1 through 3 015-160-001, 002 New Discovery Inc. 011-240-001 380 Galaxy Way Concord, CA 94522 4 through 17 011-230-010, 011, 012, 013, 014, 015, 016, Talisman Reality Group Inc. 017,018 P.O. Box 758 011-220-023, 024, 025, 026, 027 Concord, CA 94522 ****"Che new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be sent to the Contra Costa County Publi-c Works Department as they are available. 1.0 Equivalent Dwelling Unit(EDU)per Dwelling Unit Resolution No. 01/ 287 EXHIBIT B FINAL ENGINEER'S REPORT DISCOVERY BAY WEST PARKING DISTRICT FISCAL YEAR 2001-02 The undersigned, acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article XM,Section 4,of the California Constitution, the County Service Area Law (Gov. Code, 35414 et seq.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in the State of California. Dated: j /0 ( By:U"m A i14-,1"--� �,�Wea&Aallenger Assistant Public Works Director RCE 41746 Resolution No. 01/ 287 EXHIBIT B PLANS AND SPECIFICATIONS FOR THE COUNTY OF CONTRA COSTA DISCOVERY BAY WEST PARKING DISTRICT Fiscal Year 2001-02 The facilities which have been constructed within the Countyof Contra Costa,and those which maybe subsequently constricted, will be operated, maintained and serviced as generally described as follows: The improvements consist of the construction,operation,maintenance and servicing of a Park and Ride parking lot. DESCRIPTION OF IMPROVEMENTS Landscaping The facilities include a 86,000 square foot (approx.) asphalt parking lot. Resolution No. 01/ 287 PARKING&RIDE LOT IMPROVEMENT IMPROVEMENT AREAS AREA SQUARE FOOTAGE. Park and Ride Lot 86,185 TOTAL 86,185 Resolution No. 01/ 287 EXHIBIT B CONTRA COSTA COUNTYWIDE DISCOVERY BAY WEST PARKING DISTRICT Detailed Project Costs Estimate FY 2001/2002 Proposed Parcel Assessor's Parcel Number . Description EDU's Assessment Per Parcel Pet Single . FY 2000/2001 Family Parcel 1 through 011-220-23,024,025, 026, Single Family 1759 027 1.0 $10.00 011-230-010,011,012, 013,014,015,016,017, 018 011-240-001 015-160-001,002 TOTAL PROPOSED EDU'S AND ASSESSMENT 1759 $17,590.00 OPERATION &MAINTENANCE COSTS 2000-2001 EXPENDITURE REVENUE TOTALS ESTIMATES ESTIMATES . Projected FY 1999/2000 Carry-Over $0.00 Total EDU'S=1759 $17,590.00 FY 2000/2001 Assessments @$10.00/EDU Subtotal $17,590.00 $17,590.00 Operation/Maintenance,Vandalism $10,000 Professional/Specialized Services,Insurance 2,500 Utilities — 0 County Levy Code,Adjustment&Collection of fees for 1,759 parcels 3,000 Capital Improvements/Contingency 2,090 Subtotal 17;590' '17,590 PROJECTED ENDING FUND BALANCE $0.00 Resolution No. 01/ 287 ASSESSMENT DIAGRAM OF CONTRA COSTA COUNTY S89'00'21"E 807.014 A etric PSB— S88' 9'22"E 3 w o 1 PCL 2 E 396.750m o a, o co �E cv �'I— (S (6 _ N O (6 c00 J O In Z I (A V� BULB RD. � o Q PARCEL 2 o O �� cr a�°1 N N 0(6 (,+ 4 W A ;' LL 3 f*i SEE DETAIL N88'57'59"W _ o - o S88'S7 59 E P4 7 98.696m 3 0 w = r N88'58'14"W —I E co128.016m _x .— 4 POINT OF m W q TIMBER RD. Z Ufa N 88.59 27'W o SN 0 LAND6A z s tx 0 zNO.nog Yk S88'58'14"E 496.813m 3-31-01 128.016m POB; N89'08'09"WPCL of EXHIBIT F CONTRA COSTA COUNTY DETAIL N TS JULY 1999 PAGE 1 OF 1 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 2000 CROW CANYON PLACE, SUITE 250 SAN RAMON, CALWORNIA 94583 TELEPHONE (510) 866-0322 FAX (510) 866-8575 Resolution No. 011 287 EXHIBIT B Total Assessment/Charee On Parking District In the event that the proposed assessment is levied,the total amount chargeable to Parking District will be$17,590. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed: $10.00 in Fiscal Year 2001-2002. Methodology for Calculating Parkinp,Assessments The"benefit received"is based on upon the Equivalent Dwelling Unit(EDU)factor per single familydwelling unit. The parking assessment for this Zone is based upon several factors such as(1)cost required to pay the maintenance costs; (2) the number and types of parcels within this Zone; (3) a reserve fund for administrative and accounting services provided by the County;(4)unforseen expenses such as utility rate increases, and maintenance(including replacement)of the parking improvements. The assessment revenue is used to pay for the total costs of operating the Parking District and those costs are apportioned among the various parcels in the Discovery Bay West Parking District. Resolution No. 01/ 2 8 7 EXHIBIT C BALLOT NOTICE Why did you receive this Ballot? When your development was approved, there was a requirement (condition of approval) to annex the parcel(s) into an assessment for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining a park and Ride parking lot.The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. How Much is the Assessment? For single family homes,the assessment will be$10.00 per year. The total amount levied by the assessment,with regards to this development is approximately$17,590.00 per year. Why should you Vote? Your vote will decide if the assessment will be unposed. Only returned ballots will be counted. U411 this Assessment Increase in the Future? The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election. What does the Assessment Fund Allow? The assessment allows the Benefit Zone to provide and landscaping within the public right of way. How was my Assessment Calculated? The total cost to provide and maintain parking improvements is allocated to each property based on estimated special benefit received. Essentially, each single family home in the development is allocated the same assessment. An Engineer's Report detailing the method of assessment,budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works, 255 Glacier Drive, CA 945534897. Rlethod of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to August 1,2001 or you may hand cavy your ballot to the Public Hearin.g on August 14, 2001. Ballots received after the close of the Public Hearing can not be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned,weighted by their assessment, are opposed to the assessment,the assessment will not be imposed. Ballot Procedures This ballot is for the sole use of the property owner(s)of the parcel identified herein which is located within the Discovery Bay West Parking District. The ballot may be used to express either support for or opposition to the proposed Discovery Bay West Parking District. In order to be counted,this ballot must be signed and dated in the space provided by an owner or,if the owner is a partnership or a corporation, by an authorized representative of the owner. Those executing this ballot on behalf of a corporation, partnership, trust or other entity must also indicate title or office below the identification of the property owner (e.g.,trustee,President,General Partner,etc.) If the property is owned jointly(e.g.,common,joint tenants)one or both property owners may sign the ballot. There is only one ballot for each property even though the property may have more than one owner. If both owners of the property vote the same,the ballot counts as one vote. If both owners vote differently,one in support and ore.opposed, then the votes cancel each other out and the ballot will have a"zero" vote. Public Hearing The hearing will be held on Tuesday, November 2, 1999 at 10:00 a.m. in the Board of Supervisors Chambers, County Administration Building, 651 Pine Street,Martinez, CA 94553. Results of the returned ballots will be announced after the close of the public testimony portion of this meeting. At this hearing,the Board will take final public testimony and take action on whether or not to levy the assessments based upon the testimony and ballots received. EXHIBIT D Discovery Bay West Parking District Formation Ballot Assessor's Parcel Nos.: 015-160-001, 002; 011-240-001 Formation Of: Discovery Bay West Development Villages I through Villages IV—DP 3025-91, Sub 7686, various development phases including Sub 8023. Record Owner: New Discovery Inc. Address: 380 Galaxy Way Concord, CA 94522 Yes, I approve of the proposed annual assessment of$10.00 on each of the parcels identified in this ballot. No,I do not approve of the proposed annual assessment of$10.00 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date EXHIBIT D Discovery Bay West Parking District Formation Ballot Assessor's Parcel Nos.: 011-230-010_, 011, 012, 013, 014, 015, 016, 017, 018 011-220-023, 024, 025, 026, 027 Formation Of: Discovery Bay West Development Villages I through Villages fV—DP 3025-91, Sub 7686, various development phases including_Sub 8023. Record Owner: Talisman Realty Group Inc. Address: PO Box 758 Concord, CA 94522 Yes, I approve of the proposed annual assessment of$10.00 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$10.00 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date June 26,2001 New Discovery Inc. 380 Galaxy Way Concord, CA 94522 Dear Property Owner: RE: Formation of Discovery Bay West Parking District, Sub 7686,various development phases including Sub 8023. Enclosed is your ballot regarding the proposed formation of Discovery Bay West Parking District, Sub 7686, various development phases including Sub 8023. into the Discovery Bay West Parking District. Please cast your vote upon the ballot and return to the Contra Costa County Public Works Department(envelope enclosed) prior to August 1, 2001. Please feel free to contact me at 313-2286, if you need any further assistance in this matter. Very truly yours, Joanie Rushton Engineering Technician Special Districts Enclosure _ SE:JR:sd G:\GrpData\SpDist\Board Orders''2001\06 Junc\"!_one 61 Disco Bay West.doc June 26, 2001 Talisman Reality Group Inc. PO Box 758 Concord, CA 94522 Dear Property Owner: RE: Formation of Discovery Bay West Parking District, Sub 7686,various development phases including Sub 8023. Enclosed is your ballot regarding the proposed formation Discovery Bay West Parking District,Sub 7686, various development phases including Sub 8023. into the Discovery Bay West Parking District. Please cast your vote upon the ballot and return to the Contra Costa County Public Works Department (envelope enclosed)prior to August 1, 2001. Please feel free to contact me at 313-2286, if you need any further assistance in this matter. Very truly yours, Joanie Rushton Engineering Technician Special Districts Enclosure SE:JR:sd G:\Gq)Data\SpDist\Board Orders0001\06 June one 61 Disco Bay West.doc BALLOT NOTICE Why did you receive this Ballot? When your development was approved,there was a requirement(condition of approval)to annex the parcel(s)into an assessment for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining a park and Ride parking lot.The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. How llluch is the Assessment? For single.family homes, the assessment will be$10.00 per year. The total amount levied by the assessment, with regards to this development is approximately$17,590.00 per year. TVhy should you Vote? Your vote will decide if the assessment will be imposed. Only returned ballots will be counted. Ifill this Assessment Increase in the Future? The Benefit Zone does not intend to increase the assessment,and it cannot be increased without another election. What does the Assessment Fund Allow? The assessment allows the Benefit Zone to provide and landscaping within the public right of way. How was my Assessment Calculated? The total cost to provide and maintain parking improvements is allocated to each property based on estimated special benefit received. Essentially, each single family home in the development is allocated the same assessment. An Engineer's Report detailing the method of assessment,budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works, 255 Glacier Drive, CA 94553-4897. Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive,Martinez,CA 94553 priorto August 1,2001 or you may hand carry your ballot to the Public Hearing on August 14, 2001. Ballots received after the close of the Public Hearing can not be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned,weighted by their assessment,are opposed to the assessment,the assessment will not be imposed. Ballot Procedures This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the Discovery Bay West Parking District. The ballot may be used to express either support for or opposition to the proposed Discovery Bay West Parking District. In order to be counted,this ballot must be signed and dated in the space provided by an owner or,if the owner is a partnership or a corporation,by an authorized representative of the owner. Those executing this ballot on behalf of a corporation,partnership,trust or other entity must also indicate title or office below the identification of the property owner(e.g.,trustee,President,General Partner,etc.) If the property is owned jointly(e.g., conunon,joint tenants)one or both property owners may sign the-ballot. There is only one ballot for each property even though the property may have more than one owner. If both owners of the property vote the same,the ballot counts as one vote. If both owners vote differently, one in support and one opposed, then the votes cancel each other out and the ballot will have a"zero"vote. Public Hearing The hearing will be held on Tuesday,November 2, 1999 at 10:00 a.m.in the Board of Supervisors Chambers,County Administration Building,651 Pine Street,Martinez,CA 94553. Results of the returned ballots will be announced after the close of the public testimony portion of this meeting. At this hearing, the Board will take final public testimony and take action on whether or not to levy the assessments based upon the testimony and ballots received. Discovery Bay West Parking District Formation Ballot Assessor's Parcel Nos.: 015-160-001, 002; 011-240-001 Formation of: Formation of Discovery Bay West Parking District,Sub 7686,various development phases including Sub 8023. Record Owner: New Discovery Inc. Address: 380 Galaxy Way Concord, CA 94522 Yes, I approve of the proposed annual assessment of$10.00 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$10.00 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date DISCOVERY BAY WEST PARKING DISTRICT Formation Ballot Assessor's Parcel Nos.: 011-230-010, 011, 012, 013, 014, 015, 016,017, 018; 011-220-023, 024, 025, 026, 027 Formation of: Formation of Discovery Bay West Parking District,Sub 7686,various development phases including Sub 8023. Record Owner: Talisman Realty Group laic. Address: P. O. Box 758 Concord, CA 94522 Yes, I approve of the proposed annual assessment of$10.00 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$10.00 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: August 14, 2001 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Formation of Discovery Bay West Parking District, Sub 7686, various development phases including Sub 8023 into Discovery Bay West Parking District I, Maurice M. Shiu, Public Works Director for the County of Contra Costa, State of California, having canvassed the return of all votes cast in the proposed formation of Discovery Bay West Parking District, Sub 7686, various development phases including Sub 8023 into Discovery Bay West Parking District held between June 26, 2001 and August 14, 2001 do hereby certify the following to be a full, true and correct Statement of Results of all votes cast on the following measure: Discovery Bay West Parking Lot Formation and Annual Assessment for Discovery Bay West Parking District, Sub 7686 Various Development Phases Including Sub 8023 YES NO I further certify that the total number of ballots cast in the proposed formation of Discovery Bay West Parking District, Sub 7686, various development phases including Sub 8023 into Discovery Bay West Parking District at said election was two and attached hereto are the total ballots receive for and against formation and assessment. Dated the 14th day of August, 2001 JMW S[:1R:.,d Ci`Gp1)Mx-SpDisV8..d n,d—'200 V-061we`7one 61 Disco By We .d- cc. fl.llallmgee,Ii.gi—ing Services M.Mnnnn.fngm-mg Scrvi— S.Lppexly,Special Distr cu 1,Rushton,Special Diwim PETITION FOR FORMATION OF THE PARKING DISTRICT PURSUANT TO THE PARKING DISTRICT LAW OF 1951 OF THE STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA TO: CLERK OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: The undersigned owner of land within the boundaries of the district proposed in this petition hereby requests that the Board of Supervisors initiate proceedings to form a Parking District pursuant to the provisions of the Parking District Law of 1951 of the Streets and Highway Code, Sections 35100 et seq. Said owner owns all the land to be included within the Parking District boundaries. (a) This petition. is made pursuant to the Parking District Law of 1951 of the Streets and Highway Code with particular reference to Section 35100. (b) Opposite the signature of the petitioner is an indication of the lot, tract and map number or other legal description sufficient to identify the signature if the petitioner as the owner of the land within the territory to be included within the proposed Parking District. (c) Opposite the signature if the petitioner is an indication of the date on which the petitioner signed this petition. (d) The following documents are attached to this petition and are incorporated herein by reference as if set forth in full in the petition. 1. As Exhibit A, a map of the boundaries of the territory to be included within the proposed Parking District; 2. As Exhibit B, a legal description of the boundaries of the territory to be included within the proposed Parking District. SIGNATURE ADDRESS DATE % (✓ l.Z 011-230-010 thru 011-230-018 June 18, 2001 Hofmann Land Development Company r6k�— r �, ��Cq bvr-e r. Hofmann Lan Development Company Order No. 717912 Customer Reference: None Page No. 10 LEGAL DESCRIPTION REAL PROPERTY in an unincorporated area, County of Contra Costa, State of California, described as follows: PARCEL ONE: Parcels A, B, C and D of Parcel Map Subdivision MS 68-87, as shown on Map filed September 15, 1988, in Book 135 of Parcel Maps at Pages 37 and 38, Contra Costa County Records. EXCEPTING THEREFROM: 50% of all oil, gas, casinghead.gasoline and other hydrocarbons and mineral substances below a point 500 feet below the surface of the land hereinafter described, together with the right to take, remove, mine, pass through and dispose of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances, but without any right whatsoever to enter upon the surface of said land or upon any part of said land. ALSO EXCEPTING THEREFROM: The remaining 50% of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances below a point 500 feet below the surface of the land hereinafter described, together with the right to take, remove, mine, pass through and dispose of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances, but without any right whatsoever to enter upon the surface of said land or upon any part of said land, as reserved in Deed by Pilati Farms, recorded September 15, 1988, Book 14583, Page 115, Official Records. PARCEL TWO: Parcel B of Parcel Maps M.S. 115-79, filed October 13, 1981, in Book 97 of Parcel Maps, at Pages 50 and 51, Contra Costa County Records. EXCEPTING THEREFROM: All that portion included within the bounds of Parcel One above described. ALSO EXCEPTING THEREFROM: 50% of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances below a point 500 feet below the surface of the land hereinafter described, together with the right to take, remove, mine, pass through and dispose of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances, but without any right whatsoever to enter upon the surface of said land or upon any part of said land. First American Title Order No. 717912 Customer Reference: None Page No. 11 FURTHER EXCEPTING THEREFROM: The remaining 50% of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances below a point 500 feet below the surface of the land hereinafter described, together with the right to take, remove, mine, pass through and dispose of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances, but without any right whatsoever to enter upon the surface of said land or upon any part of said land, as reserved in Deed by Pilati Farms, recorded September 15, 1988, Book 14538, Page 115, Official Records. PARCEL THREE: A nonexclusive right of way appurtenant to Parcels One and Two above, for ingress and egress, maintenance of an underground pipeline for irrigation and drainage over and under the westerly 20 feet of Parcel A of Parcel Map M.S. 115-79, filed October 13, 1981, in Book 97 of Parcel Maps at Pages 50 and 51, Contra Costa County Records, as created by that certain Deed from Carlton Newton Jacobs, et ux, dated October 22, 1981, recorded November 17, 1981, in Book 10577, Page 58 of Official Records, Series No. 81-149654. A.P.Nos.: 011-230-010, 011, 012, 013 and 014 PARCEL FOUR: Parcels A, B, C and D, inclusive, as shown on Parcel Map MS52-88, filed November 1, 1990, in Parcel Book 149, at Page 18, Contra Costa County Records. EXCEPTING FROM PARCEL FOUR: 1. An undivided one-half (1/2) interest in and to all oil, gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land, together with the right to take, remove, mine, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to enter upon the surface of said land or upon any part of said land within 500 feet thereof, as reserved from Angela Sarija, recorded April 2, 1965, in Book 4837, Page 4, Official Records. 2. An undivided one-half (1/2) interest in and to all oil, gas, casinghead gasoline--and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land, together with the right to take, remove, mine, pass through and dispose of all oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to enter upon the surface of said land or upon any part of said land within 500 feet thereof, as reserved in the Deed from Carlton Newman Jacobs, et ux, recorded March 1, 1988, Book 14197, Page 373, Official Records. PARCEL FIVE: "A nonexclusive Right of Way", created in reference to the premises in the Deed to Peter J. Gambetta, et ux, recorded March 3, 1965, Book 4815, Official Records, Page 121, "For Irrigation Purposes", over a portion of the southeast 1/4 of Section 23, Township 1 North, Range 3 East, Mount Diablo Base and Meridian, described as follows: A. A strip of land 30 feet in width, the northeast line of which is described as follows: First American Title Order No. 717912 Customer Reference: None Page No. 12 Beginning at a point on the South line of the 23.14 acre parcel of land described in the Deed to Balfour Guthrie Investment Company, recorded August 10, 1912, Book 186 of Deeds, Page 36,which bears South 890 01' 30" East, 850 feet and North 1° East, 2048.02 feet from the southwest corner of said southeast 1/4; thence from said point of beginning, South 640 05' East along said South line, 450 feet. B. A strip of land 15 feet in width, the West line of which is described as follows: Beginning at a point on the South line of the 24.13 acre parcel of land described in the Deed to Balfour Guthrie Investment Company, recorded August 10, 1912, Book 186 of Deeds, Page 38, which bears South 89° 01' 30" East, 850 feet and North 1° East, 2048.02 feet from the southwest corner of said southeast 1/4; thence from said point of beginning, South 1° West, 380 feet. PARCEL SIX: "A nonexclusive Right of Way", created in reference to the premises in the Deed to Peter J. Gambetta, et ux, recorded March 3, 1965, Book 4815, Official Records, Page 121, "For Irrigation Purposes", over a portion of the southeast 1/4 of Section 23, Township 1 North, Range 3 East, Mount Diablo Base and Meridian in, over and under a strip of land 10 feet in width, the South line of which is described as follows: Beginning on the West line of said Gambetta Parcel, at the North line of point of Timber Road; thence from said point of beginning, South 890 01' 30" East along said North line to the center line of the canal located along the East line of said Gambetta Parcel. Said pipeline to be located below 18 inches below the surface of the ground. PARCEL SEVEN: A nonexclusive Right of Way appurtenant to Parcel.Four above, or any portion thereof, for irrigation over a portion of the southeast 1/4 of Section 23, Township 1 North, Range 3 East, Mount Diablo Base and Meridian and being a strip of land 15 feet in width, the East line of which is described as follows: Beginning on the South line of the 24.13 acre parcel of land described in the Deed to Balfour Guthrie Investment Company, recorded August 10, 1912, Book 186 of Deeds, Page 38, at the West line of the parcel of land described as Parcel One in the Deed to Peter J. Gambetta, et ux, recorded March 3, 1965, Book 4815, Official Records, Page 121; thence from said point of beginning South 1° West along said West line, 380 feet. —_- PARCEL EIGHT: A nonexclusive Right of Way appurtenant to Parcel Four above, or any portion thereof, for an underground pipeline for irrigation and drainage purposes over a portion of the southeast 1/4 of Section 23, Township 1 North, Range 3 East, Mount Diablo Base and Meridian, being a strip of land 10 feet in width, the Base and Meridian, being a strip of land 10 feet in width, the center line of which is described as follows: Beginning on the East line of Parcel Four above, distant thereon North 1° East, 1280 feet from the South line of said Parcel Four; thence from said point of beginning, South 890 East, 150 feet. PARCEL NINE: A nonexclusive Right of Way as an appurtenant of Parcel Four above, or any portion thereof, for an underground pipeline for irrigation and drainage in, over and under a strip of land 10 feet in width, the South line of which is described as follows: First American Title Order No. 717912 Customer Reference: None Page No. 13 Beginning on the East line of Parcel Four above, at the North line of point of Timber Road; thence from said point of beginning, South 89° 01' 30" East, along said North line, 850 feet to the West line of the parcel of land described as Parcel One in the Deed to Peter J. Gambetta, et ux, recorded March 3, 1965, Book 4815, Official Records, Page 121; said pipeline to be located below 18 inches below the surface of the ground. A.P.Nos.: 011-230-015-7, 016-5, 017-3 and 018-1 First America: Title IC-D NOTICE I Section 12413.1 of the California Insurance Code,effective January 1,1990,requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American office for more details. NOTICE II As of January 1,1991, if the transaction which is the subject of this report will be a sale,you,as a party to the transaction, may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and"18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the lesser of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the Califomia real property conveyed does not exceed one hundred thousand dollars (100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Intemal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. THE SELLER MAY-BEQUEST A WAIVER BY CONTACTING: Franchise Tax Board Withhold at Source Unit P.O. Box 651 Sacramento, CA 95812-0651 (916) 845-4900 NA81Hl 30NVil?,`. �r,.."4 a3 illilS3a 39MV0 Flo Alllit4t�"_ - 3VMSSV ANVdA00 31111 ,431HIM iU01.iJ'I;1 T 34130 NUIIVOO11VdIN39 11101 SV:1135 S.3tv0 e a )NIIN31UO NVHI UPIO 3SOdyfld ANV 403 NOIR ,33i138 30 01 ION SI 11 NO3U3H O1O9d30 ONV1 o s� cf 3HJ.30.A3A811S V 39 ION AVA 80 AVN!dVW SIHI �`�t i 4CfoN ✓ `� BIXLER � ROAD __ •aG c —SSS _ ♦.T N i.n N 1 = 0 N h t79./ 4 L NO/•OL'e' Q � Z ly _ � i Z CSD W J gg N h U m h,�1 n {p �J O o n � T a N C) w N o m � .–.— –'–" x,•ati � � s8z. s6a.Ta �w � Wsaz./i D w 6/221 p /4 .- Q Z— m o � 568.18 3O"•d G/2.zb SdZ:I/ Sal-/rn.ne a . NO/•A•Cf'F' R / _ k h R� o � � t rn � m lip ew N A O 10 O m © N rmCAi -Y — O m �. Al N 0 w ' Q N s d , — m G w Z 41 = �_4-7W A tV AMP— CL - - - - t? W f r r a la a o D tj w I wp Lo� h w w l i H FRER OEO,CRTEO TO CONTRA COS T.4 i0(/•YJi FOS ROROWRY R/Rpmq S. 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(n N DN Sp r e 0 ' -silt , Ci � N � N W, 0 PARCELD PARCEL PARCEL PARCEL Z D A ,0 5 P'. 40 75 Pm 48 75 P� 7 �M 48 75 PM 48 NOr OC 27'E) 11 = 1211.15 I BIXLER ROAD .-WEST LINE SEC.23 (334.77) (Nor-01'27*EJ- N.01 QQ116'.E 23 _2646.J. 1470 71 =_-331!7 92 4e. 0 00 n3; C, A Zb. Om 0 V<g cm v 2. rou z 0 1! C 08 mo go > > tzo (Nor01-27"E) c -NN q A N.01*0 06'5 235.00 m zm -190-76 344.Z4 z rn r o r 4 2i 0 Oz 'o qit'�z Z z o W 0 z-, a rn r c y o 0 0 30'SETBACK .0. JVSETBACIK LINE LINE 7' ?F 30 00 512.93 112.93 604 99 679.15 -1 ,_I N.01'0006 E. 2340.00 U ?'- ;I cumm r ,A n 30 TT T C9 0 T. 0 C) 50 z -4 -3 S' 7: 5-4 0 z M o IIm Lp _30'AREA DEDICATED TO CONTRA COSTA COUNTY (D o FOR ROADWAY PURPOSES PER 97 PM 50 z X 250 DRAINAGE EASEMENT 0 m 10577 OR 58 TO CARLTON NEWMAN JACOBS,ET.UX. II a 2310.00 low N.0*00*06*E. 2340.00 If N Or 01'27'E) (2510.00) AgI m 00 coO�00 0m: 0 Og,cz 14197 r)F 3731 JO> .1 BYRON HIGHWAY OC. ;.— ZZ -01.2-f-E) C-) 0 20.0v (NOI3 N Or 00'06'E. Al 0 0'9 c� r 0 r 0 2 (A Ar- d0 z 0 13' steamW..., Nor OZ z; 7.640.32 21 15296.00 *> T w!'j; m CIS n 0,04 mm v m z mi�; . . 10 -4 s z tD > 0 0 Zr m M ------- WUMEkr LINE .. ;; ! x J* - 2 z- IT &1 > NOCrS6*15*E 2XZmc -0 ior�i :;c* BASIS Of BEARINGSX x DISCOVERY BAY BLVD. 00 P Z17 0 0 > 0 00r Q M> Z C) 0 m -4 '0m m 0 -0 rm m cm M> < " m 0 pa > r C) BIXLER_ ROAD : : 0> 'uZ 0 it O_ 0 'lei 3 0 > > rn z C (1 -4 r zz 0 0 r -4 n A c 1. C N.01.O'C'06"E. :< z Z -0 m535.00 -4 m In > -< (a 0 I 37 33 cm 0 m f. 0 M 0 ;K M > rn > > r- _< r, > co 0 0) 0 z " r c� - ----- co= 0 33 a 0 M > N _.9 m G) z ... co Ot > D m CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On June 18, 2001, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal D. PANTELES Comm.#1196585 /n ' rt;t,yuy PUBLIC-CALIFORNIA VI ..antra Costa County Signatur My Comm. Expires March9,2005"s .................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................... Reference: Petition for the formation of Parking District Date: June 18, 2001 Pages: 2 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On June 18, 2001, D. Panteles, a Notary Public in and for the State of California, personally appeared Dennis Drew, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal lie D. PANTELES `'omm.b 1296585 rrnn N •, Nr,: ,OBLIC.CALIFORNIA VI +,a Costa County =.:pies March9,2005'A S ig n atu r 5�--&- Reference: Petition for the formation of Parking District Date: June 18, 2001 Pages: 2 �C, PROOF OF PUBLICATION (2015.5 C.C.P.) PUBLIC Nonce "Notice is hereby given that STATE OF CALIFORNIA the Board of Su ervisors of County of Contra Costa Contra Ute Co ty will meeCham- bers, Room 107, at 651 1 am a citizen of the United States and a resident of the Pine Street,Martinez,Cali- Count aforesaid; I am over the age of eighteen ears, and forma, to hold a public Y 9 9 Y hearing on August 14,2001 not a party to or interested in the above-entitled matter. at 9:00 a.m., to consider comments on any interest- ederson,either written or I am the Principal Legal Clerk of the Ledger Dispatch and oral to the Engineer's Re- Brentwood News. Newspapers of general circulation,printed g°sc�annual y WestgPark- Park- and published at 2640 Shadelands Drive in the City ofIng District forpartung facil- Walnut Creek,County of Contra Costa,94598. Ity in Bethel Island area.A copy.of the Engineer's Re- of the Boafld of SupeMsors And which newspaper has been adjudged a newspaper of 651 Pine Street Room 106 general circulation by the Superior Court of the County of Martinez calilom!a and Contra Costa, State of California, under the date of March the Public works deppart- ment, 255 Glacier Ortve, 26, 1870. Case Number 746370. Martinez,California.,' The notice, of which the annexed is ai rnted co set in John Sweeten, p copy ( Clerk of the Board of type not smaller than nonpareil),has been published in each Supervisors and County regular and entire issue of said newspaper and not in any Administrator supplement thereof on the following dates,to-wit: Attest.June 26,2001 :/s/E.Sharp, De July 25;August 1 LegaILD806845 ;u Jury 25;August 1, all in the year of 2001 001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On th' 1 da o�nAu t, 2001 ......... :..� !V. .................. Sign ure Ledger Dispatch and Brentwood News P O Box 2299 Antioch,CA 94531-2299 (925)757-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) o. LEGAL PUBLICATION RLQUISTION Contra Costa Cotlnty c;� P (/// 7 STA 'tC,11 CpaN l From: Clerk of the Board To: Ledger Dispatch 651 Pine St., Room 106 PO Box 2299 Martinez, CA 94553 Antioch, CA 94549 Requested by: Date: ✓w/y oZo� ami Phone -Reference No: Org: Sub Object: Task: A�� Activ�i Publication Date, (s): No. of Pages: G10 ' LEGAL PU-BLICArf ION- 717' G **'Immediately upon expiration of publication,**** send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: `, ?-u Please confirm date of publication & receipt of this fax. NOTICE OF A PUBLIC NEARING Aug. 14, 2001 You are hereby noted that on at 9:45 a.m. in Room 107, County Administration Building, 651 Pine Street, Martinez, Callfomia, the County Board of Supervisors will consider a petition described as follows: Petition forthe formation of a parking district forthe area generally known as Discovery Bay West Parking District, as described in the Board Order attached hereto. The formation of such a district will require the levy of an assessment to pay for the cost and expenses of the maintenance and operation of any improvements acquired or constructed by the district. The purpose of the hearing is to receive and consider any and all objections to the formation of the parking district. Valid objections can be made in writing, not later than the time set for hearing, by any owner of real property within the boundary of the proposed district, giving the assessor's parcel number. Objections must be mailed or delivered to the address set forth below, and must comply with the provisions of the Public Resources Code Section 26564 (copy attached). The plan of control can be reviewed at the County's Public Works Department. It may be duplicated, for the cost of duplication. For further details contact the Contra Costa County Public Works Department, Special Districts Section, 255 Glacier Drive, Martinez, CA 94553, or phone Skip Epperly at (925) 313-2253. Owner Notification: The Hoffmann Company 380 Galaxy Way Concord, CA 94522 sera GjGrpDatU1$p0;6raoard orders12oOMS June%Zone 61 Disco Bay West.doc ,tune 26.2001 "Notice is hereby given that the Board of Supervisors of Contra Costa County will meet in the Board Chambers,Room 107, at 651 Pine Street, Martinez.California,to bold a public hearing on August 14,2001 at 9:00 a.m., to consider couumats of any interested person, either written or oral, to the Engineer's Report and annual chargcs for Discovery Bay West Parking District for parldng facility in Bethel Island area. A copy of the Eng=er's Report is on file with the Clerk of the Board of SupcMsors, 651 Pine Strcct, Roam 106, Martinez, California, and the Public Works Deparbnent, 255 Glacier Drive, Martinez, California_" John Sweeten, Clerk of the Board of Supervisors and County A.dnunistrator Attest: June 26, 2001 By � , Q - t Publication Dates: July 25 , 2001 - -3- 2 0 01 /