HomeMy WebLinkAbout099-88BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In The Matter of:
Approving Addendum )
to Development Agreement )
for Tassajara Ranch )
and Thereby Consenting )
to the Assignment of Rights )
and Responsibilities from )
the Presley Companies to )
South Hill~Partners, Ltd. )
)
RESOLUTION NO.
99-88
A. On May 6, 1987, the Town approved and entered into
a Development Agreement Between the Town of Danville and
Tassajara Partners, Fredricks Development Corporation and Presley
of Northern California, Inc. (by Ordinance No. 112) The
Development Agreement was recorded in the office of the County
Recorder on May 26, 1987 at book 13663, page 576.
B. The Development Agreement sets forth certain
rights and responsibilities for the developers, including
Presley. The Development Agreement provides in section 3 that
rights may be assigned without the consent of the Town. However,
such assignment or transfer does not relieve the transferor from
liability or obligation unless the Town consents in writing.
C. Presley has sold certain of its real property to
and assigned its rights under the Development Agreement to South
Hill Partners, Ltd. and requests that the Town consent to this
assignment.
Development
assignment.
The Town staff has prepared an Addendum to the
Agreement to be recorded which confirms the
A copy is attached to this Resolution as Exhibit A.
NOW, THEREFORE,
Danville resolves that:
the Town Council of the Town of
1. The Addendum to the Development Agreement is
approved and the Mayor is authorized to sign the Addendum.
2. After all parties have signed the Addendum, the
City Clerk is directed to record it in the office of the
County Recorder.
Page 1 of Resolution No. 99-88
Passed and adopted at a meeting of the Town Council
held on Aug. 15 , 1988 by the following vote:
AYES: Greenberg, Jagger, Lane, Ritchey, Schlendorf
NOES: None
ABSENT: None
ATTEST:
Page 2 of Resolution No.
Recording Requested By And
When Recorded Return To:
City Clerk
Town of Danville
510 LaGonda Way
Danville, CA 94526
ADDENDUM TO DEVELOPMENT AGREEMENT
FOR DEVELOPMENT OF TASSAJARA RANCH
This Addendum is entered into between the Town of Danville,
the Presley Companies, a California Corporation ("assignor"), and
South Hill Partners, Ltd. a California Limited Partnership
("assignee").
This Addendum is based on the following facts:
A. On May 6, 1987, the Town approved and entered into a
Development Agreement between the Town of Danville and
TassaJara Partners, Fredricks Development Corporation and
Presley of Northern California, Inc. for development of
Tassajara Ranch. (Ordinance No. 112)
B. The Development Agreement was recorded in the office of
the County Recorder on May 26, 1987 at book 13663, page 576.
C. Presley of Northern California Inc. has assigned its
rights under the Development Agreement to its successor
South Hill Partners Ltd. as permitted by section 3 of the
Development Agreement.
D. Presley (the assignor), South Hill Partners Ltd. (the
assignee) and the Town wish to record their consent to this
assignment by this addendum.
THEREFORE, the parties agree as follows:
1. Presley has conveyed to South Hill Partners all of its
real property within the Tassajara Ranch area located in the
Town of Danville, Contra Costa County, California, more
particularly described in' Exhibit A attached to this
Addendum.
2. Presley hereby assigns, transfers and sets over to
South Hill Partners all of its right, title and interest in
and to the Development Agreement.
3. South Hill Partners assumes all of Presley's
obligations under the Development Agreement for the real
property described in Exhibit A. This assignment shall be
binding on and inure to the benefit of the parties and
their respective successors and assigns.
4. The Town of Danville consents to this assignment.
IN WITNESS WHEREOF, the parties have executed this Agreement
effective as of the latest date of any signature below.
TOWN OF DANVILLE, a municipal corporation
By ~i'K~,;
Beverly ~ne, Mayor
/
date
THE PRESLEY COMPANIES, a California Corporation
SOUTH HILL PARTNERS, LTD., a California Limited Partnership
,By: G~ffe~X~tner ~
/ to/z7
· Notarial acknowledgment required
property described in Exhibit A. This assignment shall De
binding on ~'~. inure to the benefit ~ the parties and
their respect~ a successors and assigns.
4. The Town of Danville consents to this assignment.
IN WITNESS WHEREOF, the parties have executed this Agreement
effective as of the latest date of any signature below.
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TOWN OF DANVILLE, a municipal corporation
}
sTATE or OAL, O""' O_Cf n
COUNTY OF }
said State, personally appeared ~ F ~' ~'J lifo ~ ~
, personally known to me (or proved to me on the
basis of satisfacto~ evidence) to be the persons who executed the within instrument as~
the corporation therein named, and acknowledged to me that ~lrl ~ ' ~ ' ' ''''~ p'llqlll ' ~ fi l~llqI~111~1111
~ ~ KAtHy IIC~ETTS
~ ·
such corporation executed the within instrument pursuant to its
~ NOTARY PUBLIC
~:F ~"~1 [:~r. rl~l~cO COUNIY CALIFORNIA~
by-laws of ~ resolution of its board of directors. , . , ~
'~mfan an offi~~ = .- '. ..... '.;
(This area for official notarial seal)
Signa
SOUTH H.ILL PARTNERS, LTD., a California Limited PartnershiP
STATE OF CALIFORNIA, )
COUNVY OF CONTRA COSTA ) SS.
On this 27th day of October , 1988 , before me, Teri E. Diaz,. a Notary Public of the
Stat% of California, duly commissioned and sworn, personally appeared __
Paul R. Baldacci Jr. & Doyle.Heaton
x personally known to me
proved to me on the basis of satisfactory evidence t~ be the person
who executed the within instrument as general partner. s on behalf of
South Hill Partners, Ltd.
the limited partnership that executed the withinlnstrument and
acknowledged to me that such limited partnership executed the same.
:;i~::"~'~'::~<"~:'i'd~:i'::,~;~'""~'~ Witness my hand and official seal
~ '~,~ om~,.x i%, ',~:j~ NO in an~~ 'd State
*%
The Innel referred to In this p~l lcIts described as follows,,
ReAL PROPERTY In the State or Californiam County or conira Costa,
Untncorporated Aream,dcscrlbed as follows:
PARCEL ONE;
Parcel C, as shown on the Parcel Hap H.5, 100-78, flled September g,
19?g, tn Book 81 of Parcel Maps, Page 10, Conira Costa County Records.
PARCEL TWO:
A non-exclusive easement and right or way as an appurtenance to Parcel one
above. for access and utilities and Incidents thereto over, under and
across the strip of land 52 feet Wide traversing Parcels B, and D or Parcel
Hap H.5. 100-78. flied September 19, 1979 tn Book 81 of Parcels Naps, Page
10, Conira CelLo Cuunt~ Race,as, ~s shOwl: un ~ld p~rcel |liar.
PARCEL THREE:
A non-exclusive easement and rlOht of way as an appurtenance to Parcel One
above. for access and utilities and Incidents thereto, over. under and
across thc strip of land 5Z reef wlde traversing Farce1B ot Parcel Nap
M.~. 67-6B flied October 22, ZgSB, in BOOk 6 of Parcel Maps, Page g,
Centre Costa County Records, as sold strip of land qs shown on Parcel N4p
M.5, 100-78. flled September 19, 1979 In Book 61 of Parcel Maps, Page 10,
Centra Costa Count~ Records°
PARCEL FOUR
(A) A non-excluStve easement for water storage, water lines and vehicular
a~cess for maintenance purposes, and locidents thereto as an appurtenance
to P^rcel One above, belng a portion or Pacels C and D as ~ho~n on tl~e
Parcel Map M.S. 100-~8, filed September 19, 1979 In Book 8~ of Parcel Maps,
at Page ~0, !n the office of the Recorder of the County of Conira Costa,
~tate ~f California, described as follows~
Beginning at. a polnt on the southern llne of Parcel O, said point being
North 68 aegm'ees 15 mlrHJtes 51 setgrids West, 73.0D feet from th~ ~outhea~t
corner uf Parcel D| thence from said point of beVinninV Nurth ~8 dcVrees 15
minutes 51 seconds West, 83.00 feet; thence North I degree 44 minutes 09
seconds East 85.00 feet; thence North 54 degrees 20 minutes 56 seconds
East, ~11.99 feet| thence NOrth 11 degrees 28 minutes 52 seconds East.
234.00 feet; thence NOrth lG degrees O~ minutes 10 seconds East, 343.59
feet; thence I.lnrth 2~ dog-cos 34 .,routes ?g seconds East 300.29 feet|
thence North 17 degrees 3Z minutes56 seconds EaSt, 123.33 feet| thence
North 27 degrees 08 minutes 07 seconds EaSt, 106.91 feet to a po~rtt oTl the
southeastern line of the proposed 52' R/~ as sho~n on the Sold Parcel Nap
Fi~.~t An,,crlcdn TItle
(l~t PM 10): said point being ol~ the 8re nt a curve concave to the north-
west, having a radius Of 45 feet, a radlal line through said point bearing
South O degrees 57 minutes 18 secon~S'~ East| thence northeasterly an arc
tit stance Of 6~.25 feet along sale curve and R/~ Ilne to a tangent curve
concave to the Southeast, having a raalus ot 45 fee~: t~ence along said
seconds East, 91.03 feet to te a e e
eastern line South ]7 degrees ]Z mlnutes 34 seconds ~est, 49.26 feet;
thence South 44 degrees 54 mlnutes ~3 seconds ~est, ~41,32 reef; thence
South 27 degrees 08 minutes 0~ seconds ~est, 89.69 feet; thence 5ouCh 37
degrees 3Z minutes 56 sea:ends ~est, 32Z.71 reef; thence Smith 23 degrees 34
minutes ~9 seconds ~eSt, 300.04 feet; thence South 16 degrees 09 minutes ~0
seconds ~est, 341,48 feeL; thence 5OuCh ~1 deOrees 28 minutes 52 seconds
~e~t, 384.99 feel tu the point of begtnnln9.
Excepting therefrom that portleo thereof lncluOea in Parcel One Above,
(O) A Icon-exclusive easement for water 1lees and incidents thereto, as an
appurtenance to Parcel One above, In, under and over a parcel of land
described as follows:
A portion Of Parcel B as shown on the Parcel Nap N..~. 67-68~ filed October'
?.Z, t968 In Book 6 or Parcel Naps, at Page 9, In the office of the Recorder
or the CourtLy or Conira costs, 5tare nf california, described as follows:
Art easement 25 feet wide, r-lgl~t angle and radial nma~uremenLs, as follow5:
15egtnntng at e point grin the western line of sald Parcel B (G PH 9) said
poltet also being tt~e most southern corner of Parcel A, as Shown on the
Pdrcel Nap N.5, 100-78, flled September 9, 1979 In B.,~ok 81 nf Parcel Naps,
6t Page 10; thence from 5alcl point of beginning North ~7 degrees 12 minutes
34 seconds East 50.0D feet along the eastern line or said Parcel A| thence
Soutit 1Z degrees 47 minutes 34 seconds East, I75.64 feet to a tangeel. curve
concave to the east having a radius of 2Z7.00 feet: thence southerly along
said curve an arc distance of 239.69 feet: thence So,th 47 degrees 4Z mint:-
tee z6 seconds West, 171.11 feet to the eastern line of Parcel C of Said
Parcel Nap (t~I PN 10); thence aloe0 Said eastern 1lee North II degrees lZ
minutes 34 second~ East, 49,26 feet,; thence North 47 degrees 42 minutes 26
Seconds East, 128,66 feet to e tangent curve concave to the ~est hayin9 a
radius of ~02.00 feetI thence northerly along Said curve an arc diStanCe of
213,30 feet| thence NOrth 12 degrees 47 minutes 34 seconds West~ 332.34
feet to the point or bc:gtnAin9,
(C) A non-excluSive easelsent for water 1toes end Incidents thercto as an
appurtenance to Parcel One above being a portion or Par'col A as shown on
the Parcel Map M.S. 100-78 filed $eptemocr 19, 1979, trt Book 81 Of Parcel
f ce
Maps, at'P~ge IO, In the Ort of the Recorder of the County of Conira
Costo, State or Caltfornla~ described as teltows=
An easement 26 feet ~Ide, right angle and radial measurements as follows:
Beginning at the most southern corner of said Parcel Ai thence from said
point of beginning North ~7 degrees Ig minutes 34 seconds East, 50.00 feet
along the eastern 1lee of Parcel AI thence Nurtl~ 12 degrees 47 |rdnutes 34
scconds Meet: ~94.35 feet to a tangent curve concave to the SOuthweSt
Fir.At A stacsiClIn Tille
having a radiu~ of 351.00 feet; ~henee South 51 degrees 42minutes 26
-~econd~ W~s~, 25.00 feet along a radial line of said curve to the south
western line of said Parcel A; thence along said southwestern line of
Parcel A; thence along said southwestern line of parcel A southeasterly
along the arc of a curve concave to-~be southwest having a radius of 526.00
feet an arc distance of 145.09 feet; thence south 12 degree~ 47 minutes 34
seconds Fast, 3~7.66 feet to the point of beginning.
FARCE~ FIVE:
~ts 6 and 7, of Subdivision 68~8 aa filed june 7, 1988 ~n Map Book 822, Page 89, Contra
Costs County Records.
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2o6-olo-0o7 and
206-0~0-008