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HomeMy WebLinkAboutMINUTES - 06172008 - C.19 `1a� � } .... TO: BOARD OF SUPERVISORS ` -��``. Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa O4 DATE: June 17, 2008 .��`4 sr9 Co County County 4 SUBJECT: Accept Offer of Dedication—Landscape Easement, for Subdivision 99-08331, for project being developed by Danville Tassajara Partners, LLC., Danville area. (District III) I SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ Y!91 for Subdivision 99-08331, accepting Offer of Dedication — Landscape Easement, for project being developed by Danville Tassajara Partners, LLC., Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Offer of Dedication for Landscape Easement is required for Public purposes. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvements for Casablanca Street will not be accepted. Continued on Attachment:✓ SIGNATURE: _--RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER I SIGNATURE(S)-5& r ACTION OF Bt ON�d,� / a� APPROVED AS RECOMMENDED_ O R I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT ) minutes of the.Board of Supervisors on the AYES: NOES: I date shown. ABSENT: ABSTAIN: l TR:jc G:\EngSvc\BO\2008\06-10\SD 99-8331(LE)BO-27 FORM.docx ATTESTED: D Originator: Public Works(ES) JOHN CULLEN Cler of the Board of Contact:Teri Ric(313-2363) � Recording to be completed by:Clerk of the Board Supervisors and County Administrator cc: Current Planning,Community Development San Ramon Valley School District 699 Old Orchard Drive Danville,CA 94526 Atm:Tina Perault Danville Tassajara Partners,LLC By , Deputy 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 Attn:B.Olin/ S.Jones Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adoptedthis Resolution on June 17,;G08 b I the following vote: I AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ---- ------------- -- -- --------' RESOLUTION NO. 2008/e-`6/ SUBJECT: Accepting Offer of Dedication — Landscape Easement, for Subdivision 99-08331, for project being developed by Danville Tassajara Partners, LLC., Danville area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Offer of Dedication SD 99-08331 San Ramon Valley Danville III -Landscape Easement APN: 206-020-092 School District I hereby certify that this is a true and correct copy of an TRjc action taken and entered on the minutes of the Board of G:\EngSvc\BO\2008\06-10\SD 99-8331(LE)BO-27 FORM.docx Originator: Public Works(ES) Supervisors on the date shown. Contact:Teri Rie(313-2363) Recording to be completed by:Clerk of the Board cc: Current Planning,Community Development San Ramon Valley School District ATTESTED:_ 699 Old orchard Drive Danville,CA 94526 JOHN CULLEN, Clerl of t e Board of Supervisors and Atte:Tina Perault County Administrator Danville Tassajara Partners,LLC 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 Attn:B.Olin! S.Jones By ,Deputy RESOLUTION NO.2008/ y6,� Recorded at.the request of: CONTRA COSTA CO Recorder Of f ice °"°-a`ostaCouaty STEPHEN L. WEIR, Clerk-Recorder Return o°rh5 D°p�n,,,�°t DOC— 20&-0159141— Public works Department Records Section Thursday JUL 17, 2008 08:52!49 Arca: DANVILLC• Tt l Pd w N i l Nbr-0004148551 _ Road: MON E''ROSSO ST'.R C'ASABLANC'A s'r. r r C/R9/1-10 Co.Road No.: 5525 BT,5525 CB Development: SUBDIVISION 81331 APN: 206-020-092 OFFER OF DEDICATION - LANDSCAPE EASEMENT San Ramon Valley Unified School Di Itriet,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. I It is understood and agreed that CONITRA 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 ofland 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 saidl 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 thi I instrument on J UVj l & '2� .r ,t�l uNi�� SCt{oo� �u� ,smnnairc) (see attached notary) 6:l.ngSec Fon"r,OF WORD'Or-4 FORM.do i ACKNOWLEDGMENT State of California .County of (SDNAV-k roo,TiA ) I On 20&b before me, S{ Aryjotl NGND9ACKx ; NicsCl li pulbw C, (insert name and title of the officer) personally appeared STtyem I lk ��jbpEa2incr (bea�l"�' who proved to me on the basis of satisfactory evidence to be the person�"hose nameos/afe— subscribed to the within instrument and acknowledged to me that he/she*tey executed the same in his/he#44eif authorized capacity,land that by his/ r signature4<on the instrument the personK. or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHANNON HEWIM COMM. #1603219 z = Notary Public.California o z Contra Costa County M ' Comm.Ex res Aug.28,2009 Signature .��� (Seal). EXHIBIT "A" Z-AN SCAPE BEING A PORTION OF PARCEL "A" AS SHOWN ON THE MAP OF SUBDIVISION 8331, RECORDED JUNE 17, 2005, IN BOOK 479 OF MAPS AT PAGE 47, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL "A", SAID POINT ALSO BEING ON THE NORTHERLY LINE OF CASABLANCA STREET, THENCE ALONG SAID NORTHERLY LINE SOUTH 71°22'20" WEST 4.24 FEET; THENCE NORTH 26022'20" EAST 30.04 FEET; THENCE NORTH 18°37'40" WEST 38.76 FEET; THENCE NORTH 71022'20" EAST 3.00 FEET TO THE EASTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID EASTERLY LINE SOUTH 18037'40" EAST 40.00 FEET; THENCE SOUTH 26022'20" WEST 28.28 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 206 SQUARE FEET OF LAND, MORE OR LESS. SEE EXHIBIT "B" ATTACHED. AND BY THIS REFERENCE MADE A PART THEREOF THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. LAND GRU,y�oL�.L - � O N FCA e EX-�IgIT f�Bss p0 0 tD cp. Q d1 4y a N N A18 ' vO m °YON'35N3 OR- 0 NM•V'1 a NHAVIK°FIVE m o U, C) 1 Z C)Z r r o o a) Aj Lf) O tico °y I, C) Cv -�Aj- 0 O "0 �L1 MSU CAMJAQ TASSAJARA p 889.59' S87'S7'58"E u7 Ic;a iN C-D n m i -A 0 Z �0 Z C rft CT) © Ln O co C7�= � � � "P N�� M," CAz(fj (Tl 11 tt o z � OD U') o � moo cn 480_ d N O it tl�t10 O_ C.P c n / \ �W N y N om.* n LO 206 025 w. O i>cO ! �- 41 Ln 026 N !i/ N O�? � - ` O am Q 38 OS o �ti m Z O Z 027 �6 = �� \ -. --� r 028 277.44' �,4� co °'• ite 4 N NB9.8 S fTl 3 W ( �� CASABLANCA ST N 11 11 H o- —1 cn ) Q0 okc�c � (�1 o - fJ O SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT 699 Old Orchard Drive, Danville, California 94526 DATE: April 22,2008 TOPIC: ADOPTION OF RESOLUTION NO.97/07-08,TO APPROVE AN OFFER OF DEDICATION TO CONTRA COSTA COUNTY FOR PUBLIC UTILITIES, ROAD AND LANDSCAPE EASEMENTS ON THE DIABLO VISTA MIDDLE SCHOOL SITE . DISCUSSION: At the April 8, 2008 meeting, the Board of Education adopted Resolution 96/07-08, Intention To Approve An Offer of Dedication to Contra Costa County For Public Utilities, Road, and Landscape Easements on the Diablo Vista Middle School Site. Contra Costa County has requested. I n Offer of Dedication for three easements along the northern, eastern and southern perimeters of the Diablo Vista Middle School fields. The Diablo Vista Middle School is located at 4100 Camino Tassajara in the Town of Danville however the 15-acre field_area is located in the unincorporated area of Contra Costa County which is why the County is requesting the dedication) of the easements. The Public Utility easements are approximately five feet wide and run along the northern, eastern and southern portions of the 15- acre field area. They total approximate ly 10,536 square feet. The purpose of the Public Utilities Easements (P.U.E.) is for the installation and maintenance of public utilities such as cable, phone, .and PG&E. The Road. Easement that overlaps one of the P.U.E's and includes 2961 square feet is for the installation and maintenance of streetlights and road signs. The Landscape Easement is located at the far southeast corner of the Diablo Vista Fields at the intersection of Monterosso Street and Casablanca Street. This is where an irrigation pipe crosses over onto approximately 206 square feet of school property. The easement would allow for the maintenance of this irrigation line. Education Code Section 17556 et. seq. provides the school district authority to grant an easement to another public agency or private corporation ..."to lay, construct, reconstruct, maintain, and operate water, sewer, gas, or storm drain pipes"....among other things, "...over and upon land belonging to the school district, ....." Education Code Section 17556 et. sen. provides the school district authority to dedicate or convey either in fee or any lesser estate or interest to any public or private corporation engaged in the public utility business an easement to lay, construct, reconstruct, maintain, and operate water, sewer, gas, or storm drain pipes or ditches, electric or telephone lines, and access roads used in connection with, over and upon any land belonging to the school district, upon such terms and conditions as the parties thereto may agree. The Education Code requires the school board to first adopt a resolution by a 2/3rds vote of all its members authorizing and directing them to execute a resolution of intent to approve an Offer of Dedication of the property and Ito provide notices of adoption of said resolution, and then adopt the Offer of Dedication of the fee simple interest again by a 2/3rds vote at a second board meeting. Staff presented the resolution of intention to the board at its April 8, 2008 meeting and posted all the required notices. A public hearing has been held prior to this action. Item Number Page 2 Resolution 97/07-08 Assuming the board adopts the resolution at this time; the attached resolution will accomplish the final dedication of the easement and will then be sent to Contra Costa County for approval and recorded. RECOMMENDATION: Adoption) of Resolution No. 97/07-08, to Approve an Offer of Dedication to Contra Costa County for Public Utilities, Road and Landscape Easements on the Diablo Vista Middle School Site. " BUDGET IMPLICATIONS: None Tina Perault SeniorPlanna Development Manager Margar t Brown Ro Kessler Assistant Superintendent Superintendent Facilities Development RESOLUTION NO. 97/07-08 ADOPTION OF RESOLUTION NO. 97/07-08, TO APPROVE AN OFFER OF DEDICATION TO CONTRA COSTA COUNTY FOR PUBLIC UTILITIES,ROAD AND LANDSCAPE EASEMENTS ON THE DIABLO VISTA MIDDLE SCHOOL SITE WHEREAS,the San Ramon Valley Unified School District ("District") is the owner of certain 23-acres of real property locatedlat 4100 Camino Tassajara, Town of Danville, Contra w�: Costa County, State of California, more particularly known as the "Diablo Vista Middle School"; and WHEREAS, 15-acres of real property located directly adjacent to and a part of the 23- acre Diablo Vista Middle School is located in the unincorporated area of Contra Costa County, more particularly known as the"Diablo Vista Fields"; and WHEREAS the District urchi sed the Diablo Vista Fields for use as a parking lot and P P g playfields; and WHEREAS, Contra Costa County, a political subdivision of the State of California is requesting three easements along the northern, eastern and southern borders of the Diablo Vista Fields for Public Utility, Road and Landscape easements; and WHEREAS, the purpose of thl 5-foot wide Public Utility easements See Attachment P rP I y ( lA, IB and 1C) is for installation and maintenance of public utilities such as cable,phone, and PG&E along Camino Tassajara, Monterosso Street and Casablanca Street totaling approximately 10,536 square feet; and WHEREAS, the Road easement (See Attachment 2A, 2B and 2C) is for installation of streetlights and road signs along Casablanca Street that is approximately 5-feet wide and 592-feet long for a total of 2,961 square feet;and WHEREAS, the Landscape easement is located at the far southeast corner of the.Diablo Vista Fields at the intersection of Monterosso Street and Casablanca Street (See Attachment 3A, 3B and 3C), for the construction and maintenance of.a 3-foot wide by 68-foot long irrigation line for an approximate area of 206 square feet; and WHEREAS, descriptions of the three easements are included in Attachment 1, 2, and 3 attached hereto and incorporated by reference ("Easements"), and WHEREAS, the granting of I he Easements will allow Contra Costa County t H S, g g I Co y o properly complete and maintain the utilities, streetlights, road signs and irrigation lines without disrupting the school site; and WHEREAS, the Diablo Vista Fields property belonging to the District upon which the Easement may be located is not nowt and will not at the time of delivery of possession to the grantee be needed exclusively for classrooms or other school purposes by the District; and WHEREAS, on April 8, 2008, the Board of Trustees of the School District adopted a resolution on intention to dedicate the easements, pursuant to Education Code Sections 17566,et seq.; and WHEREAS, that notice of adoption of the Resolution of intention to dedicated the easements was given by posting a true copy of the Resolution, describing the.district's intention, in three public places in the District, and that notice of said public meeting was given by publishing a true copy of the Resolution in a newspaper of general circulation, published by the Distrjct, not less than ten days before the date of the public hearing on April 22, 2008; and WHEREAS, the public hearing took place on April 22,.2008 and no protest was filed against the proposed dedication pursuant to Education Code Section 17560; and NOW, THEREFORE,BE IT RESOLVED that pursuant to Education Code Section 17556, et.seq. it is the intention of the District to dedicate such Easements to Contra Costa- County ostaCounty and the dedication of said Easements shall be for so long as the Easements are used for the purposes set forth in this Resolution. Whenever the Easements are no longer used for such purposes, the interest shall automatically revert back to the District, its assigns, and successors. BE IT FURTHER RESOLVED that the Superintendent or his assigned designee shall be authorized and directed to execute and deliver the deed of dedication; and BE IT FURTHER RESOLVED that the dedication shall be effective upon delivery and acceptance of the deed; and APPROVED, PASSED AND ADOPTED at the regular meeting of this Board of Education held on, April 22, 2008 by the following called vote: AYES: Marvel,Buchanan, Clarkson, Hurd, Gardner NOES: None ABSTAIN: None ABSENT: None Robert Kessler Secretary of the Board of Education of the San Ramon Valley Unified School District of Contra Costa County, State of California