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Home My WebLink AboutMINUTES - 06172008 - C.21 1 — � = TO: BOARD OF SUPERVISORS -— ��' Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR -_F,"� Ez Costa DATE: June 17, 2008 ' County ST`S COUrz� . SUBJECT: Accept Offer of Dedication—Road Easement, for Subdivision 99-08331,for project being developed by Danville Tassajara Partners, LLC., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ ZG3 for Subdivision 99-08331, accepting Offer of Dedication — Road 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 Road Easement is required for Public purposes. I CONSEQUENCES OF NEGATIVE ACTION: The Road Improvements for Casablanca Street will not be accepted. Continued on Attachment: ✓ SIGNATURE: � �.. _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,�ROVETHER SIGNATURES : r lose ACTION OF BOAO ON Zn.A A e. / 7 ,�a o Fr APPROVED AS RECOMMENDED�_0--jimt I hereby certify that this is a true and correct V TB 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: ABSTA N: I TR:jc I G:\EngSvc\BO\2008\06-10\SD 99-8331(RE)BO-27 FORM.docx ATTESTED. Originator: 31 works(Es) JOHN CULLEN Clerk of the Board of Contact:Teri Rie ie((313-2363) c+ � Recording to be completed by:Clerk of the Board Supervisors and County Administrator Current Planning,Community Development S San Ramon Valley School District 699 Old Orchard Drive Danville,CA 94526 Attn:Tina Perault Danville Tassajara Partners,LLC y , 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 Adopted this Resolution on June 17, 2008 by the following vote: i AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE _ — - - —-- - RESOLUTION NO. 2008/yOr,3 SUBJECT: Accepting Offer of Dedication - Road Easement, for Subdivision 99-08331, for project being developed by Danville Tassajara Partners, LLC., Danville area. (District II1) 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 -Road Easement APN: 206-020-092 School District I hereby certify that this is a true and correct copy of an TRj° action taken and entered on the minutes of the Board of G:\EngSvc\BO\2008\06-10\SD 99-8331(RE)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: Ode L0 699 Old Orchard Drive Danville,CA 94526 JOHN CULLEN, Clerk of the Board of Supervisors and Aft: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 i Recorded at the request of: _ IIII III III I III II II IIII II II IIII II III I IIII I IIII I III Contra Costa County CONTRA COSTA Co Recorder Office e tuf Supervisors Return to: STEPHEN I t WEIR, Clerk-Recorder rn Public works Department DDC— 200$-0159142-00 Engineering Services,Division Records Section Thursday, JUL 17, 2008 08:53:03 FRE I $0.00; Road: Casablanca Street `'red: Danville Tt 1 Pd $0.00 Nbr-0004148551 Casablanca Co.Road No.: 552503 r r e/RS/1-10 Development No.: SD 99-08331 A PN: 206-020-0Q2 OFFER OF DEDICATION - ROAD EASEMENT San Ramon Valley Unified School Distril t,the undersigned,being the present title owner of record I of the herein described parcel of laird,do hereby make an irrevocable offer of dedication to Contra Costa County, a political subdivision ofithe State of California and its successors or assigns, an easement for streetlights,highway signs and other public purposes;including maintenance thereof, the real property situated in the County of Contra Costa, State of California,as described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that Contra Iosta 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 bodies of its successors or assigns. The provisions hereof shall inure to the benefit of Contra Costa County and it successors or assigns and will be binding upon the title owner of record and that owner's heirs,successors or assigns. The undersigned executed this instrument on SNrJ P"t K VPct t `_ UKI I QED QCHW- k1SSIC CPC g4521" �t�cN RA'M.ay Ui'YU,t�I U.NIt'l�D SY�N^ool, b1S1YL(G[" (Nenm of me ner.t,aho-i❑i til le mporo I Signature) (Print Name S Title) (signature) I (Print Name&fill') (See attached notary) G.FngSvc`t-am L ong ProjechSl1 k4 9331 Intervenin.,OF-61F.i 2-19.07.doc Form Ret.Mav I.2003 - I Approved by Country Counsel-4 2L),V i ACKNOWLEDGMENT State of California County of <h►.lt1R.(k CoS'Clck ) I On (huc-1 1 . 2co'6- before me, htB 1p-6)L+C, I (insert name and title of the officer) personally appeared <ST7ay m,4 P7RLU,R � S1tipO-Mwho proved to me on the basis of satisfactory evidence to be the personXwhose nameXis/e;e- subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in hisAie6the4 authorized capacity(1es), and that by his/her-4r signature(sron the instrument the person�W, or the entity upon behalf of which the person�Xacted, 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 HENUHSCOMM. #1603219 Z Z Notary Public •California o Contra Costa County Comm.Ex 'Le _s 28,2009 Signatures (Seal) SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT 699 Old Orchard Drivel Danville, California 94526 DATE: April 22,2008 TOPIC: r. ADOPTION OF RESOLUTION NO. 97/07-08,TO APPROVE AN OFFER OF DEDICATION TO CONTRA-COSTA COUNTY FOR P-UBLIC UTILITIES, ROAD AND LANDSCAPE EASEMENTS ON THE DIABLO VISTA MIDDLE SCHOOL SITE I DISCUSSION: At the Aril 8, 2008 rn etin , the Board of Education P � g 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. I Contra Costa County has requested an 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 ofi 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 approximately 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 E mentis located at the far southeasticomer 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. sea. 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. seq. 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 q its members authorizing and directinIg them to execute a resolution of intent to approve an Offer of Dedication of the property and to 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 ]TinaPerault. �r Plann' g a Development Manager Marga t Brown Ro Kessler Assistant Superintendent Superintendent Facilities Development RESOLUTION NO. 97/07-08 I 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 located at 4100 Camino Tassajara, Town of Danville, Contra 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 ur Ihased 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, theu ose of thle 5-foot wide Pyblic Utility easements (See Attachment P rP � y 1A, 1B 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 the Easements will allow Contra Costa County to 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 now andl 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 a 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 District, 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 II 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 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 EXHIBIT "A" PARCEL "A" ROAD EASEMENT 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 71022'20" WEST 215.17 FEET TO A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 341.29 FEET; THENCE WESTERLY ALONG SAID CURVE 170.55 FEET THROUGH A CENTRAL ANGLE OF 28037'57" TO A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO A SAID CURVE BEARS.NORTH 10000'18" EAST; THENCE WESTERLY ALONG SAID CURVE 102.24 FEET THROUGH A CENTRAL ANGLE OF 09°09'11"; THENCE NORTH 89°08'53"WEST 102.50 FEET; THENCE NORTH 00051'07" EAST 5.00 FEET; THENCE SOUTH 89008'53" EAST 102.50 FEET TO A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 645.00 FEET; THENCE EASTERLY ALONG SAID CURVE 103.04 FEET THROUGH A CENTRAL ANGLE OF 09°09'11" TO A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 336.29 FEET, A RADIAL LINE TO A SAID CURVE BEARS SOUTH 10000'18" WEST; THENCE EASTERLY ALONG SAID CURVE 168.05 FEET THROUGH A CENTRAL ANGLE OF 28037'57"; THENCE NORTH 71022'20" EAST 220.17 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL "A"; THENCE SOUTH 26022'20" WEST 7.07 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 2961 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. O�pND S(9 `uORUI�j 4, \' �p�.0 v � o � i�' C) No. 6333 0 9,,'!v CQ� CD 4\ -C cs�\ Lp Cir- to LO C40 C-a r wVO `o LO � crt o � { 00 f01)3,,21,00-01N L o tri y -a o cJ o LO C) p L { tnno GF\ Ln . stn ?�R c)o} acv s Cl) r 1 q z Z � ZN6 3„La,l�.aoN a � dW 2