HomeMy WebLinkAbout3.2 Fallon Village GHAD Board Acceptance of Property
STAFF REPORT
GEOLOGIC HAZARD ABATEMENT DISTRICT
DATE:August 16, 2016
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, GHAD District Manager
SUBJECT:
Acceptance of Property from BJP-ROF Jordan Ranch, LLC
Prepared by: Eric Harrell, ENGEO Incorporated, GHAD Services Consultant
EXECUTIVE SUMMARY:
Construction of Geologic Hazard Abatement District (GHAD) maintained improvements
within the Jordan Ranch development is complete. In accordance with the Plan of
Control, the developer is requesting to transfer property and ownership responsibility to
the GHAD. The request is to transfer five tax parcels, totaling approximately 51.54
acres of land.
STAFF RECOMMENDATION:
Resolution
District Staff recommends that the Board adopt the Accepting Property from
BJP-ROF Jordan Ranch, LLC and Authorizing the District Manager to Accept the Grant
Deed.
FINANCIAL IMPACT:
Acceptance of the GHAD property will transfer the ownership and maintenance
responsibility from the developer, BJP-ROF Jordan Ranch, LLC to the GHAD.
Maintenance costs, and all other GHAD costs, will be paid from revenue generated from
the assessment levied on residential and non-residential parcels within the Fallon
Village GHAD boundary. Assessments were levied starting in Fiscal Year 2008-2009.
DESCRIPTION:
The Fallon Village GHAD was formed in December 2007 with the adoption of Dublin
City Council Resolution 216-07. In 2011, the Jordan Ranch development was annexed
into the Fallon Village GHAD with the adoption of Resolution 2-11. The adopted Plan of
Control for the Jordan Ranch development within the Fallon Village GHAD is dated
February 11, 2011. The Plan of Control describes geologic hazards, provides a plan for
prevention, mitigation, abatement, and control of geologic hazards, and identifies the
parcels that will be conveyed to the GHAD. The Plan of Control also describes the
process for conveyance of property and transfer of responsibility from the Jordan Ranch
Page 1 of 2
developer to the GHAD.
The City of Dublin accepted GHAD improvements within the Jordan Ranch
Development. Improvements include slopes, creek channels, wetlands, a water quality
basin, maintenance roads, vegetation management, open space drainage
improvements, trails, retaining walls, and subdrains. Once the GHAD parcels are
transferred from the developer, BJP-ROF Jordan Ranch, LLC, to the Fallon Village
GHAD, all improvements within the GHAD parcels will be maintained by the GHAD as
described in the Plan of Control. The cost of on-going maintenance and control of
geologic hazards will be funded by assessment levied on residential parcels within the
Fallon Village GHAD boundary.
Properties Being Transferred
BJP-ROF Jordan Ranch, LLC is granting five parcels within Jordan Ranch Development
to the GHAD. The total area of these properties is approximately 51.54 acres,
consisting of hillside open space, drainage swales, and a water quality basin. The
authority that allows the GHAD to accept title to these properties is California Public
Resources Code Section 26577, which states “A district may purchase, lease, obtain an
option upon, acquire by gift, grant, bequest, or devise, or otherwise acquire any property
or any interest in property.”
Current and planned landscape improvements within the GHAD-owned parcels will not
be funded or maintained by the Fallon Village GHAD. In addition, the GHAD will not
fund or maintain any of the existing or planned irrigation systems on the GHAD-owned
parcels including the costs for water or electricity. Funding for these facilities is by the
developer or homeowners association.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS:
1. Resolution Accepting Property from BJP-ROF Jordan Ranch, LLC and Authorizing
the District Manager to Accept the Grant Deed
2. Exhibit A to Resolution - Legal Description
3. Exhibit B to Resolution - Grant Deed
Page 2 of 2
RESOLUTION NO. ______-16
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FALLON VILLAGE
GEOLOGIC HAZARD ABATEMENT DISTRICT
ACCEPTING PROPERTY FROM BJP-ROF JORDAN RANCH, LLC AND
AUTHORIZING THE DISTRICT MANAGER TO ACCEPT THE GRANT DEED
WHEREAS, California Public Resources Code section 26577 authorizes the
District to acquire interests in real property; and
WHEREAS, the Plan of Control that was presented to the Board of Directors with
the annexation documents for the Jordan Ranch development anticipated that title to
the open space parcels would be transferred from the Jordan Ranch developer
(Developer) to the District following the construction of improvements and the expiration
of a warranty period; and
WHEREAS, Staff for the District has reviewed the annexation documents and
advised the Board of Directors that the Developer has satisfied its necessary
obligations for the transfer of title of the open space parcels; and
WHEREAS, the District will verify completion of construction, maintenance, and
repair of improvements by BJP-ROF Jordan Ranch, LLC prior to recordation of the
Grant Deed; and
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Fallon
Geologic Hazard Abatement District authorize the District Manager to accept the Grant
Deed, direct the District Clerk to record the Grant Deed and this Resolution of
Acceptance, and take such other actions as may be necessary for the District to accept
title to the open space property depicted and described as the following Assessor’s
Parcel Numbers:
985-0099-003 (Tract 8024-Parcel C)
985-0098-003(Tract 8024-Parcel F)
985-0098-008(Tract 8024-Parcel I)
985-0100-001(Tract 8074-Parcel A)
985-0108-004(Tract 8100-Parcel D)
in the attached Exhibit A, pursuant to the Grant Deed attached as Exhibit B.
PASSED, APPROVED AND ADOPTED this 16th day of August, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Board President
ATTEST:
District Clerk
Exhibit A
LEGAL DESCRIPTION
FALLON VILLAGE GHAD
DUBLIN, CALIFORNIA
Real property situate in the City of Dublin, County of Alameda, State of California
described as follows:
Being Parcels C, F and I of Tract 8024, filed in Book 313 of Maps, at Pages 88 through
100, Records of said County.
And also being Parcel A of Tract 8074, filed in Book 321 of Maps, at Pages 62 through
71, Records of said County.
And also being Parcel D of Tract 8100, filed in Book 325 of Maps, at Pages 24 through
34, Records of said County.
APN’s 985-0099-003, 985-0098-003, 985-0098-008, 985-0100-001, and 985-0108-004.
End of Description
___________________July 12, 2016__
Alvin Leung, PLS Date
Page 1 Grant Deed
RECORDING REQUESTED BY:
Fallon Village Geologic Hazard
Abatement District (GHAD)
No fee for recording pursuant to
Government Code Section 27383
WHEN RECORDED MAIL TO:
CITY OF DUBLIN
Attn: GHAD Clerk
100 Civic Plaza
Dublin, CA 94568 THIS SPACE FOR RECORDER’S USE ONLY
R&T CODE 11922 – Government Agency Acquiring Title
GRANT DEED
BJP-ROF JORDAN RANCH, LLC
AFFECTING ASSESSORS PARCEL NUMBERS:
985-0099-003 (AFFECTS TRACT 8024-PARCEL C)
985-0098-003 (AFFECTS TRACT 8024-PARCEL F)
985-0098-008 (AFFECTS TRACT 8024-PARCEL I)
985-0100-001 (AFFECTS TRACT 8074-PARCEL A)
985-0108-004 (AFFECTS TRACT 8100-PARCEL D)
DUBLIN, CA
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Government Code 27361.6)
Page 2 Grant Deed
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BJP-ROF Jordan Ranch, LLC
hereby GRANTS to
Fallon Village Geologic Hazard Abatement District (GHAD), a political subdivision of
California (GRANTEE)
The following described property in the City of Dublin, County of Alameda, State of California:
THAT LAND DESCRIBED IN EXHIBIT ‘A’
ATTACHED HERETO AND MADE A PART HEAROF.
The purpose of this Grant is for GHAD to perform its duties as described in the GHAD Plan of
Control.
GRANTOR:
BJP-ROF JORDAN RANCH, LLC, A
DELAWARE LIMITED LIABILITY
COMPANY,
BY: FALLON-JORDAN, LLC, A
CALIFORNIA LIMITED LIABILITY
COMPANY, ITS MANAGER,
BY: MVP DEVELOPMENT CA, LLC, A
CALIFORNIA LIMITED LIABILITY
COMPANY, ITS MANAGING MEMBER
BY:_________________________________
ROBERT RADANOVICH, MEMBER
__________________________
Date
Page 3 Grant Deed
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On before me, ,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) 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.
(Seal)
Signature of Notary