HomeMy WebLinkAboutItem 3.2 - 1742 Agreement for Easement Relocation
Page 1 of 2
STAFF REPORT
GEOLOGIC HAZARD ABATEMENT DISTRICT
DATE: December 19, 2017
TO: Honorable President and Board of Directors
FROM:
Christopher L. Foss, GHAD District Manager
SUBJECT:
Agreement for Easement Relocation
Prepared by: Andrew Russell, District Engineer
EXECUTIVE SUMMARY:
The Schaefer Ranch Geologic Hazard Abatement District (GHAD) Board of Directors
will consider approving an Agreement to allow the relocation of an easement to a
portion of GHAD property currently encumbered with a private access way, Schaefer
Way.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement for Easement Relocation.
FINANCIAL IMPACT:
The Schaefer Ranch GHAD will incur no costs associated with the approval and
recording of the Agreement for Easement Relocation. All staff and consultant costs
incurred to date, associated with the review and evaluation of the Agreement have been
or will be borne by Schaefer Ranch Holdings, LLC.
DESCRIPTION:
The Schaefer Ranch Geologic Hazard Abatement District (GHAD) currently owns 15
parcels of land totaling approximately 297 acres within the Schaefer Ranch
Development. An additional six parcels of land totaling approximately 13 acres are
planned for GHAD ownership, but these remaining six parcels have no t yet been
granted by the developer, Schaefer Ranch Holdings, LLC.
Four of the existing GHAD properties and one future GHAD property are encumbered
by a non-exclusive, perpetual roadway and utility easement, which was granted in 1972
by Otto and Barbara Schaefer to a group of their neighbors, members of the Davilla,
Ferguson, and Fields families. The easement provided access to the easement
holders’ property within unincorporated Alameda Count y. However, now the public
streets (Dublin Boulevard and Schaefer Ranch Road) and a private street (Schaefer
Way) provide a realigned access along the 1972 easement length (Attachment 1).
Page 2 of 2
Schaefer Way does not precisely align with the 1972 easement. Because of this, and
because Dublin Boulevard and Schaefer Ranch Road now exist, the City of Dublin is
requiring the easement to be re-aligned. With the approval of the tentative subdivision
map for the private property along Schaefer Way, City Staff included a condition of
approval requiring the developer to coordinate and complete the recording of a
document that will realign and reduce the length of the 1972 easement. The easement
is to coincide with the existing sixty-foot wide private street right-of-way for Schaefer
Way. The GHAD owns two properties along Schaefer Way, Parcels Q and R of Tract
6765. These properties extend to the centerline of Schaefer Way. Therefore, the
GHAD’s consent, as property owner, is needed for the 1972 easement to be relocated
to align with Schaefer Way.
Schaefer Ranch Holdings, LLC, has worked with the current easement holders (heirs
and successors to the 1972 easement) regarding the change to their non-exclusive
easement. To accomplish the adjustment of the easement, an Agreement for
Easement Relocation was prepared and executed by Schaefer Ranch Holdings, LLC,
and the current easement holders (Attachment 3). If approved by the Board of
Directors, the Agreement will be signed and then recorded through an escrow with a
title company. Once recorded, the relocated easement will be limited and coincident to
the existing width and length of the private street, Schaefer Way.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. 1978 Easement - Location Map
2. Resolution Approving Agreement for Easement Relocation
3. Exhibit A to Resolution, Agreement for Easement Relocation
:70
�mn
5 z
� k7
O i0 n 0 n
O � O R► o
O O O ^ oo 'm
rn
O n
O
co
(Z) c C
0
O O p ri
IT! - o
Ilj 1u ANCH
X090
z
n �
C ,
z
°
i
I I 11
C
n �
C
� O c�
�i 8 000
O
m O FT O
ni o Z O�
m C)
� m
RESOLUTION NO. XX- 17
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SCHAEFER RANCH
GEOLOGIC HAZARD ABATEMENT DISTRICT
*********
APPROVING AN AGREEMENT FOR EASEMENT RELOCATION
WHEREAS, the Schaefer Ranch Geologic Hazard Abatement District (GHAD) is
owner of open space property and other property in the City of Dublin within the
Schaefer Ranch development; and
WHEREAS, portions of the GHAD property are encumbered by an access and
public utility easement, which was recorded in Alameda County on December 19, 1972,
in Book 3302 of Official Records, Page 327 under Recorder’s Serial Number 72 -170540
(hereinafter the “Easement”); and
WHEREAS, the City of Dublin imposed a subdivision condition of approval
requiring Schaefer Ranch Holdings LLC, to coordinate and complete the recording of a
document that will realign and reduce in length the Easement; and
WHEREAS, Schaefer Ranch Holdings LLC has drafted an Agreement for
Easement Relocation, which has been signed by Schaefer Ranch Holdings LLC and the
Easement heirs and successors (hereinafter the “Agreement”), attached hereto as
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Schaefer Ranch Geologic Hazard Abatement District hereby approve the Agreement,
as attached hereto as Exhibit A to this Resolution; and
BE IT FURTHER RESOLVED that the District Manager, or designee, is
authorized to execute the Agreement, the escrow instructions, and any other
instruments or documents as may be required to facilitate recording of the Agreement .
PASSED, APPROVED AND ADOPTED this 19th day of December, 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Board President
ATTEST:
_______________________________________
District Clerk
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Schaefer Ranch Holdings, LLC
4061 Port Chicago Highway, Suite H
Concord, CA 94520
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR EASEMENT RELOCATION
This Agreement is made as of the 19th day of September, 2017, by and between Schaefer Ranch
Holdings, LLC, a California limited liability company, and the Schaefer Ranch Geologic Hazard Abatement
District, a political subdivision of California (sometimes hereafter collectively " Servient Tenement
Holder ") and Russell A. Fields, as Trustee of the Russell A. Fields Declaration of Trust dated July 30, 2003;
Linda Stiehr, Trustee of the Linda Stiehr Revocable Trust u /t /a dated February 5, 2005; Stephen A. Fields,
a married man dealing with his separate property; Pete Ferguson and Lucy Ferguson, as Trustees of the
Pete and Lucy Ferguson 2013 Family Trust dated March 19, 2013; John M. Ferguson and Robin Shandra
Ferguson, husband and wife; John M. Ferguson, a married man dealing with his separate property;
Davilla Eden Canyon Family Partnership, a California general partnership; David Alan Ferguson, a
married man dealing with his separate property; Mark Joseph Ferguson, a married man dealing with his
separate property; and lames P. Davilla and Anthony Davilla, as co- successor trustees of the Betty
Davilla Revocable Trust u /t /a dated November 28, 2007 (hereafter collectively "Dominant Tenement
Holders ")
WHEREAS Servient Tenement Holder is the present owner of property burdened by, and Dominant
Tenement Holders are the present owners of properties benefited by, that certain Grant of Easement
recorded in the Office of the Recorder of Alameda County, California, on December 19, 1972, in Reel
3302, as Image 327, Series Number 72- 170540 (hereafter "Grant of Easement ").
WHEREAS it is the intention of the parties to preserve the terms and provisions of the easement created
by the Grant of Easement, but to permanently amend its record location to a sixty foot wide strip of
land, the centerline of which strip of land coincides with the centerline of the private road known as
Schaefer Way, as such private road is shown on the Final Map of Tract 6765, Schaefer Ranch, filed on
March 8, 2007 as Series Number 2007 - 99392, in Book 297 of Maps at Pages 1 through 51, in the Office
of the Recorder of said County and the length of said sixty foot wide strip of land is equal in length to the
length of Schaefer Way as shown on said map of Tract 6765 (hereafter "Relocated Easement ").
NOW THEREFORE, it is hereby agreed as follows:
A. Servient Tenement Holder hereby affirms and grants to Dominant Tenement Holders, a non-
exclusive easement in perpetuity, a right -of -way for roadway purposes and for the construction,
maintenance and operation of all utilities in, under, over, along and across the Relocated Easement.
(09/19/17 Final Per 08/11/17 Final Edits) Page 1 of 9
B. Dominant Tenement Holders
hereby accept the easement rights
herein granted and release
and forever relinquish
any rights to any
portions of the easement granted
in the Grant of Easement
which lie outside of the
Relocated Easement.
C. All terms and provisions of the Grant of Easement shall remain in effect as to the Relocated
Easement.
D. Schaefer Ranch Holdings, LLC, or its successors and assigns, will be responsible for the cost
and performance of maintenance and repair of the Relocated Easement as described above.
E. This instrument shall bind and
inure to the benefit
of the respective heirs,
personal
representatives, successors, and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first
above written.
Servient Tenement Holder:
Schaefer Ranch Holdings LLC,
a California limited liability company
By: Schaefer Ranch Development Inc.,
Its: Managing Member
By: J eA s Parsons
Its: Authorized g nt
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen A. Fields
Robin Shandra Ferguson
Schaefer Ranch Geologic Hazard Abatement
District, a political subdivision of California
By
Its
Linda Stiehr, Trustee
Pete Ferguson, Trustee
John M. Ferguson
Mark Joseph Ferguson
(Signatures continued next page)
(09/19/17 Final Per 08/11/17 Final Edits) Page 2 of 9
David Alan Ferguson
Davilla Eden Canyon Family Partnership,
a general partnership
By: Anthony Davilla
Its: General Partner
Anthony Davilla, Co- Successor Trustee
of the Betty Davilla Revocable Trust
u /t /a dated November 28, 2007
Davilla Eden Canyon Family Partnership,
a general partnership
By: James Davilla
Its: General Partner
James P. Davilla, Co- Successor Trustee
of the Betty Davilla Revocable Trust
u /t /a dated November 28, 2007
The within document may be executed in
counterpart for the purpose of facilitating its
execution by the parties hereto. The counterparts
together are to be construed and interpreted as a
single document.
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 CONTRA COSTA
On 2017, before me Q Ih.1P.i&"(a
appeared Louis Parsons
basis of satisfactory evidence to be the personW whose namef4
instrument and acknowledged to me that he executed the
capacity(}, and that by hiss signatureW on the instrument
behalf of which the personW acted, executed the instrument.
a Notary Public, personally
who proved to me on the
isAm subscribed to the within
same in hisplMielf4hisi authorized
the person(, or the entity upon
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
R. VALENZUELA
Notary Public California
Signature: f .Dt Contra Costa County
i Commission #i 2148711
My Comm. Expires May 7, 2020
(09/19/17 Final Per 08/11/17 Final Edits) Page 3 of 9
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.
MA Ore] Y411 N I &] : i P 1 L1
COUNTY OF A C MCEI) A
On o 4ba v- , 2017, before me e - 5toe ('-)
appeared C40- Fequsoll '30'A Luc Fee!,.sevl
on the basis of satisfactory evidence to be the pe son(s) whose name
instrument and acknowledged to me that hackle /they executed the
capacity(ies), and that by his/Fier /their signature(s) on the instrument
behalf of which the person(s) acted, executed the instrument.
a Notary Public, personally
who proved to me
s) is/are subscribed to the within
same in h+s/Uer /their authorized
the person(s), or the entity upon
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. ,A C. STEELE 3
.� NOTAROYP B M.'#' 21CgLIFORNIA
CONTRA COSTA COUNTY o
FF COMM. EXPIRES JULY 19 20 19 �
Signature:
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.
531_I 011111163 &4L" 1101;i>! 110
COUNTY OF
On 2017, before me
appeared
on the basis of satisfactory evidence to be the person(s) whose name
instrument and acknowledged to me that he /she /they executed the
capacity(ies), and that by his /her /their signature(s) on the instrument
behalf of which the person(s) acted, executed the instrument.
a Notary Public, personally
who proved to me
;s) is /are subscribed to the within
same in his /her /their authorized
the person(s), or the entity upon
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.
Signature:
(09/19/17 Final Per 08/11/17 Final Edits) Page 4 of 9
Escrow Instructions to Old Republic Title Company
Old Republic Title Company
1000 Burnett Avenue, Ste. 400
Concord, CA 94520
Date: September 19, 2017
Escrow No.: 0147020412
Escrow Officer: Donna Jones
The undersigned hand you herewith an Agreement for Easement Relocation which you are
specifically authorized and instructed to record when you can cause to be Issued a CLTA Standard
Coverage title policy In the amount of $100,000.00, subject to exceptions shown in CLTA proforma
attached herewith Issued In favor of Russell A. Fields, as Trustee of the Russell A. Fields
Declaration of Trust dated July 30, 2003; Linda Stlehr, Trustee of the Linda Stlehr Revocable Trust
u /t/a dated February 5, 2005; Stephen A. Fields; Pete Ferguson and Lucy Ferguson, as Trustees
of the Pete and Lucy Ferguson 2013 Family Trust dated March 19, 2013; John M. Ferguson and
Robin Shandra Ferguson, husband and wife; John M. Ferguson; Davilla Eden Canyon Family
Partnership, a California general partnership; David Alan Ferguson; Mark Joseph Ferguson;
James P. Davilla and Anthony Davilla, as co- successor trustees of the Betty Davilla Revocable
Trust u /f/a dated November 28, 2007.
Schaefer Ranch Holdings, LLC, a California limited liability company will hand provide the funds
necessary to pay the following fees:
1. Title Insurance Premium $550.00
2. Sub escrow fee $350.00
3. Recording Fees $ TBD
TOTAL $ TBD
OLD REPUBLIC TITLE COMPANY IS LICENSED TO ACT AS AN UNDERWRITTEN TITLE
COMPANY BY THE STATE OF CALIFORNIA, DEPARTMENT OF INSURANCE.
The following general provisions shall apply In this escrow.
1. Deposit and Disbursement of Funds. All funds received in this escrow shall be deposited in
accordance with the Deposit Instructions/ Authorizations provided by the party depositing funds
into an escrow account maintained by Escrow Holder.
Disbursements are ordinarily made by check of Escrow Holder. Escrow Holder offers Its customers
the opportunity to transfer funds by wire from its depository bank. Use of a wire transfer may offer
benefits to a party who wishes to more quickly satisfy an obligation and stop the accrual of
additional Interest. Escrow Holder's wire transfer service handling fee Is $25.00 for each wire
requested. Advise Escrow Holder if a wire transfer Is required for any portion of the escrow funds
or proceeds.
2. Prorations and Adjustments, All proratlons and /or adjustments called for In this escrow are to
be made on the basis of a thirty (30) day month unless otherwise instructed in writing. At closing,
Escrow Holder may adjust estimated amounts and proratlons and other items that may change
based on the recording date. In all acts relating, but not limited to fire /hazard insurance, rents and
rental deposits, real property taxes, and Interest, Escrow Holder shall presume that the Information
provided to Escrow Holder by the parties to this escrow, or their agent(s), Is correct and that
Insurance premiums have been paid.
3. Recordation of Instruments. If necessary or proper for the Issuance of the Policy of Title
Insurance requested in this escrow, recordation of any instrument delivered to escrow Is
authorized. Escrow Holder is further authorized to take any action necessary to comply with these
Instructions and the instructions of any lender and to execute any and all documents that may be
necessary or Incidental to the carrying out of these instructions.
4. Authorization to Furnish Copies, Escrow Holder Is authorized to furnish copies of these
Instructions and supplements thereto, notices of cancellation, and closing statements pertaining to
this escrow to the real estate broker(s) and lender(s) named In this escrow.
S. Delivery of Non - Recorded Documents, Upon close of escrow, documents that are not
required to be recorded may be delivered by Escrow Holder by depositing same in the United
States Mail, postage prepaid, addressed to the party entitled thereto, at the mailing address
provided to Escrow Holder.
6, Conflicting Instructions. Upon receipt of any conflicting Instructions (other than cancellation
Instructions), Escrow Holder is no longer obligated to take any further action In connection with this
escrow until further consistent Instructions are received from the parties. Escrow Holder is
authorized to hold all monies and /or Instruments In this escrow until otherwise directed, either by
the parties' mutual written instructions or by final order of a court of competent jurisdiction. In the
event of conflicting claims to any funds or other documents, Escrow Holder shall have the absolute
right, at Escrow Holder's discretion, to file an action in interpleader requiring the parties to answer
and litigate their several claims and rights amongst themselves. Any such action must comply with
the requisite interpleader statutes of the state of California in this regard.
7. Disclosure, Escrow Holder shall have no duty to disclose to any party to this escrow any
information, which may come to Escrow Holder's attention concerning this transaction unless
specifically requested to do so by any party.
S. Right of Cancellation. This escrow shall be deemed canceled upon Escrow Holder's receipt of
any party's Instruction to cancel the escrow. Upon receipt of a party's Instructions to cancel the
escrow, Escrow Holder shall distribute Cancellation Instructions to the parties or to their agents
regarding the disbursement of funds in the escrow. Escrow Holder then is no longer obligated to
take any further action in connection with this escrow until receipt of mutual non- confllcling
instructions from the parties. Upon receipt of mutual, non - conflicting Instructions regarding the
disbursement of funds in the escrow, Escrow Holder shall disburse the funds in accordance with
the Instructions, less fees and other costs Incurred In connection with the escrow. In the absence
of non- conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder is
authorized and instructed to hold all earnest money funds in accordance with the terms of
Paragraph 6 above, but Escrow Holder may distribute all funds in excess of earnest money to the
depositors of the funds or their assignees at Escrow Holder's sole discretion.
9. Entire Agreement and Indemnification. These General Provisions and the joint escrow
instructions received and accepted by Escrow Holder (if applicable), shall be the whole and only
agreement between the parties regarding the obligations of Escrow Holder to complete this escrow
and shall supersede and cancel any prior instructions. Escrow Holder shall disregard and assume
no responsibility for complying with any other agreement(s) between the parties, whether or not
such agreement(s) have been made a part of this escrow. To the extent of any conflicts between
these General Provisions (Including joint escrow Instructions, if applicable) and any other
agreement(s) between the parties, these General Provisions (Including joint escrow Instructions, if
applicable) shall control.
10. Preliminary Report Approval. The parties to this escrow acknowledge that a copy of the
preliminary report issued in conjunction with this escrow will be read and approved upon receipt
and the parties will certify that there are no liens or encumbrances, other than those shown on said
report that affect the property which is the subject of this escrow. Approval shall be assumed
absent an objection to any Item In the preliminary report and certification shall be assumed unless
Escrow Holder Is provided Information sufficient to identify liens or encumbrances not shown on
the preliminary report.
17. Compliance with Regulatory Matters, Escrow Holder is not responsible or liable for
determining that there has been compliance with any matters that are excluded from coverage
under the title insurance policy to be issued in conjunction with close of this escrow including, but
not limited to, county or municipal ordinances and state, county or municipal subdivision or land
division regulations or laws. Reference is made to the policy form on file with the Insurance
Commissioner of the State of California and available through the Title Company for the
customer's review for a complete statement of such exclusions.
12. Licensee Status. Escrow Holder is not responsible or liable for determining that any person or
entity receiving a commission or other compensation from escrow Is currently and regularly
licensed, nor for communicating the license status of any person or entity receiving a commission
or other compensation from escrow to the parties herein.
13. Unclaimed Funds. After three (3) years from the deposit of funds into escrow, any amounts
thereafter remaining unclaimed may be escheated to the State of California in compliance with the
State of California's Unclaimed Property Law and Regulations.
14. Fees and Charges. The parties to this escrow agree to pay all charges, billings, advances and
expenses, including cancellation fees, that are properly chargeable to the undersigned, and further
to pay any balance for fees, costs or shortages due In connection with these Instructions.
15. Payments From Escrow. Escrow Holder Is acting as the disbursing agent of the parties to this
escrow for all payments, such as, but not limited to, commissions, signing service providers, notary
fees and termite Inspections and /or reports, owed and authorized herein by the parties.
16. Inspections. Escrow Holder is relieved of any obligation to order or obtain any of the
inspections or reports required by this transaction.
17. Contingencies. Escrow Holder is relieved of any obligation to monitor, schedule the timing of,
or obtain any party's compliance with, any of the contingencies required by this transaction.
Servient Tenement Holders:
Schaefer Ranch Holdings, LLC, a California limited liability company
By: Schaefer Ranch Developmenjjnc.,
Its Managing Mem
By:
Loul ns, its ized Agent
Schaefer Ranch Geologic Hazard Abatement District,
A political subdivision of California
By:
Received
OLD REPUBLIC TITLE COMPANY
a
`s
Russell A. Fields, Trustee
Stephen A`, Fields
4cy guson,
Robin Shandra Ferguson
David Alan Ferguson
Davllla Eden Canyon Family Partnership,
a general partnership
By: Anthony Davilla
Its: General Partner
Linda Stiehr, Trustee
Pete Ferguso , rJ��
John M. Ferguson
Mark Joseph Ferguson
Davilla Eden Canyon Family Partnership,
a general partnership
By: James Davilla
Its: General Partner
James.P. Davilla, co— successor trustee Anthony Davilla, co— successor trustee
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen A`, Fields
4cy guson,
Robin Shandra Ferguson
David Alan Ferguson
Davllla Eden Canyon Family Partnership,
a general partnership
By: Anthony Davilla
Its: General Partner
Linda Stiehr, Trustee
Pete Ferguso , rJ��
John M. Ferguson
Mark Joseph Ferguson
Davilla Eden Canyon Family Partnership,
a general partnership
By: James Davilla
Its: General Partner
James.P. Davilla, co— successor trustee Anthony Davilla, co— successor trustee
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Schaefer Ranch Holdings, LLC
4061 Port Chicago Highway, Suite H
Concord, CA 94520
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR EASEMENT RELOCATION
This Agreement is made as of the 19th day of September, 2017, by and between Schaefer Ranch
Holdings, LLC, a California limited liability company, and the Schaefer Ranch Geologic Hazard Abatement
District, a political subdivision of California (sometimes hereafter collectively "Servient Tenement
Holder") and Russell A. Fields, as Trustee of the Russell A. Fields Declaration of Trust dated July 30, 2003;
Linda Stiehr, Trustee of the Linda Stiehr Revocable Trust u /t /a dated February 5, 2005; Stephen A. Fields,
a married man dealing with his separate property, Pete Ferguson and Lucy Ferguson, as Trustees of the
Pete and Lucy Ferguson 2013 Family Trust dated March 19, 2013; John M. Ferguson and Robin Shandra
Ferguson, husband and wife; John M. Ferguson, a married man dealing with his separate property;
Davilla Eden Canyon Family Partnership, a California general partnership; David Alan Ferguson, a
married man dealing with his separate property; Mark Joseph Ferguson, a married man dealing with his
separate property; and James P. Davilla and Anthony Davilla, as co- successor trustees of the Betty
Davilla Revocable Trust u /t /a dated November 28, 2007 (hereafter collectively "Dominant Tenement
Holders ")
WHEREAS Servient Tenement Holder is the present owner of property burdened by, and Dominant
Tenement Holders are the present owners of properties benefited by, that certain Grant of Easement
recorded In the Office of the Recorder of Alameda County, California, on December 19, 1972, In Reel
3302, as Image 327, Series Number 72- 170540 (hereafter "Grant of Easement').
WHEREAS it is the intention of the parties to preserve the terms and provisions of the easement created
by the Grant of Easement, but to permanently amend Its record location to a sixty foot wide strip of
land, the centerline of which strip of land coincides with the centerline of the private road known as
Schaefer Way, as such private road is shown on the Final Map of Tract 6765, Schaefer Ranch, filed on
March 8, 2007 as Series Number 2007- 99392, in Book 297 of Maps at Pages 1 through 51, in the Office
of the Recorder of said County and the length of said sixty foot wide strip of land Is equal In length to the
length of Schaefer Way as shown on said map of Tract 6765 (hereafter "Relocated Easement').
NOW THEREFORE, it is hereby agreed as follows:
A. Servient Tenement Holder hereby affirms and grants to Dominant Tenement Holders, a non-
exclusive easement in perpetuity, a right -of -way for roadway purposes and for the construction,
maintenance and operation of all utilities In, under, over, along and across the Relocated Easement.
(09/19/17 Final Per 08111/17 Final Edits) Page 1 of 9
B. Dominant Tenement Holders hereby accept the easement rights herein granted and release
and forever relinquish any rights to any portions of the easement granted in the Grant of Easement
which lie outside of the Relocated Easement.
C. All terms and provisions of the Grant of Easement shall remain in effect as to the Relocated
Easement.
D. Schaefer Ranch Holdings, LLC, or its successors and assigns, will be responsible for the cost
and performance of maintenance and repair of the Relocated Easement as described above.
E. This instrument shall bind and inure to the benefit of the respective heirs, personal
representatives, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first
above written.
Servient Tenement Holder:
Schaefer Ranch Holdings LLC,
a California limited liability company
By: Schaefer Ranch Development Inc.,
Its: Managing Member
By: I -0ds Parsons
Its: Authorized Agent
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen A. Fields
Lucy Ferguson, Trustee
Robin Shandra Ferguson
Schaefer Ranch Geologic Hazard Abatement
District, a political subdivision of California
Linda Stiehr, Trustee
Pete Ferguson, Trustee
John M. Ferguson
Mark Joseph Ferguson
(Signatures continued next page)
(09/19/17 Final Per 08/11/17 Final Edits) Page 2 of 9
B. Dominant Tenement Holders hereby accept the easement rights herein granted and release
and forever relinquish any rights to any portions of the easement granted in the Grant of Easement
which Ile outside of the Relocated Easement.
C. All terms and provisions of the Grant of Easement shall remain in effect as to the Relocated
Easement.
D. Schaefer Ranch Holdings, LLC, or its successors and assigns, will be responsible for the cost
and performance of maintenance and repair of the Relocated Easement as described above.
E. This instrument shall bind and Inure to the benefit of the respective heirs, personal
representatives, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first
above written.
Servient Tenement Holder:
Schaefer Ranch Holdings LLC,
a California limited liability company
By: Schaefer Ranch Development Inc.,
Its: Managing Member
By: Louis Parsons
Its: Authorized Agent
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen A. Fields
Lucy Ferguson, Trustee
Robin Shandra Ferguson
Schaefer Ranch Geologic Hazard Abatement
District, a political subdivision of California
By
Linda Stlehr, Trustee
Pete Ferguson, Trustee
John M. Ferguson
Mark Joseph Ferguson
(Signatures continued next page)
(09/19/17 Final Per 09/11/17 Final Edlts) Paget of
B. Dominant Tenement Holders hereby accept the easement rights herein granted and release
and forever relinquish any rights to any portions of the easement granted in the Grant of Easement
which lie outside of the Relocated Easement.
C. All terms and provisions of the Grant of Easement shall remain in effect as to the Relocated
Easement.
D. Schaefer Ranch Holdings, LLC, or Its successors and assigns, will be responsible for the cost
and performance of maintenance and repair of the Relocated Easement as described above.
E. This instrument shall bind and inure to the benefit of the respective heirs, personal
representatives, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first
above written.
Servient Tenement Holder:
Schaefer Ranch Holdings LLC,
a California limited liability company
By: Schaefer Ranch Development Inc.,
Its: Managing Member
By: Louis Parsons
Its: Authorized Agent
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen A. Fields
Lucy Ferguson, Trustee
Robin Shandra Ferguson
Schaefer Ranch Geologic Hazard Abatement
District, a political subdivision of California
._
Pete Ferguson, Trustee
John M. Ferguson
Mark Joseph Ferguson
(Signatures continued next page)
109/19/17 Final PU08 /11/17 Final Edits) Page 2 of 9
B. Dominant Tenement Holders hereby accept the easement rights herein granted and release
and forever rellnquish any rights to any portions of the easement granted In the Grant of Easement
which Ile outside of the Relocated Easement.
C. All terms and provisions of the Grant or Easement shall remain in effect as to the Relocated
Easement.
D. Schaefer Ranch Holdings, I.I.C. or Its successors and assigns, will be responsible for the cost
and performance or maintenance and repair of the Relocated Easement as described above.
E. This Instrument shall bind and Inure to the benefit of the respective heirs, personal
representatives, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first
above written.
Sentient Tenement Holder.
Schaefer Ranch Holdings LLC,
a California limited liability company
By: Schaefer Ranch Development Inc.,
Its: Managing Member
By. Louis Parsons
Its: Authorized Agent
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen . Fields
Lucy Ferguson, Trustee
Schaefer Ranch Geologic Hazard Abatement
District, a political subdivision of California
By
Its
Linda Stiehr, Trustee
Pete Ferguson, Trustee
John M, Ferguson
Robin Shandra Ferguson Mark Joseph Ferguson
(Signatures continued next page)
IaB /19/17 Hoot Pe C4111/17 ntsal tdlul Page 2 of 9
B. Dominant Tenement Holders hereby accept the easement rights herein granted and release
and forever relinquish any rights to any portions of the easement granted in the Grant of Easement
which Ile outside of the Relocated Easement,
C. All terms and provisions of the Grant of Easement shall remain In effect as to the Relocated
Easement.
D. Schaefer Ranch Holdings, LLC, or Its successors and assigns, will be responsible for the cost
and performance of maintenance and repair of the Relocated Easementas described above.
E, This Instrument shall bind and inure to the benefit of the respective heirs, personal
representatives, successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first
above written.
Servient Tenement Holder:
Schaefer Ranch Holdings LLC,
a California limited liability company
By: Schaefer Ranch Development Inc.,
Its: Managing Member
By: Louis Parsons
Its: Authorized Agent
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen A. Fields
Lucy Ferguson, Trustee
Robin Shandra Ferguson
Schaefer Ranch Geologic Hazard Abatement
District, a political subdivision of California
By
Linda Stlehr, Trustee
Pete Fer us on, Tru
.Ferguson
Mar Joseph erguson
(Signatures continued next page)
(09/19/17 Final Per 08 /11/17 Final Edits) Page 2 of 9
Davilla Eden Canyon Family Partnership, Davilla Eden Canyon Family Partnership,
a general partnership a general partnership
By: Anthony Davilla
Its: General Partner
Anthony Davilla, Co- Successor Trustee
of the Betty Davilla Revocable Trust
u /t /a dated November 28, 2007
By: James Davilla
Its: General Partner
James P. Davilla, Co- Successor Trustee
of the Betty Davilla Revocable Trust
u /t /a dated November 28, 2007
The within document may be executed in
counterpart for the purpose of facilitating its
execution by the parties hereto. The counterparts
together are to be construed and interpreted as a
single document.
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 CONTRA COSTA
on 2017, before me
appeared Louis Parsons
basis of satisfactory evidence to be the personal whose nameW
Instrument and acknowledged to me that he executed the
capacltyfloo, and that by his slgnatureW on the instrument
behalf of which the personal acted, executed the instrument.
a Notary Public, personally
who proved to me on the
is>tene subscribed to the within
same in his eia authorized
the person (*, or the entity upon
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.
Signature:
(09119/17 Final Per 09/11/17 Final Edits) Page 3 of 9
David Alan Ferguson
Davilla Eden Canyon Family P ership,
a general partn rship
Co' S
G4
By: Anthony Davi a
Its: General Partner
n i 00000
Antho avilla,Co- Successor Trustee
of the Betty Davilla Revocable Trust
u /t /a dated November 28, 2007
Davilla Eden Canyon Family Partnership,
a general partnership
A-00000`o`7-'�a�
Sy Jame vi a
Its. General Partner
Jallnes P. D villa, Co- Successor Trustee
of he Betty Davilla Revocable Trust
u /a dated November 28, 2007
The within document may be executed in
counterpart for the purpose of facilitoting its
execution by the parties hereto. The counterparts
together are to be construed and interpreted as a
single document.
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 CONTRA COSTA
On 2017, before me
appeared Louis Parsons
basis of satisfactory evidence to be the personal whose name(#)
Instrument and acknowledged to me that hem executed the
capaciry(lee), and that by his{harl(t rein signature* on the Instrument
behalf of which the person(O acted, executed the Instrument.
. a Notary Public, personally
. who proved to me on the
IsAm subscribed to the within
same in his/her# authorized
the person*, or the entity upon
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.
Signature:
(09/19117 Final Per 08 /11/17 Final Edits( Page 3 of 9
Escrow Instructions to Old Republic Title Company
Old Republic Title Company
1000 Burnett Avenue, Ste. 400
Concord, CA 94520
Date: September 19, 2017
Escrow No.: 0147020412
Escrow Officer, Donna Jones
The undersigned hand you herewith an Agreement for Easement Relocation which you are
specifically authorized and Instructed to record when you can cause to be Issued a CLTA Standard
Coverage title policy In the amount of $100,000.00, subject to exceptions shown in CLTA proforms
attached herewith issued In favor of Russell A. Fields, as Trustee of the Russell A. Fields
Declaration of Trust dated July 30, 2003; Linda Stlahr, Trustee of the Linda Stiehr Revocable Trust
u /t/a dated February 5, 2005; Stephen A. Fields; Pete Ferguson and Lucy Ferguson, as Trustees
of the Pete and Lucy Ferguson 2013 Family Trust dated March 19, 2013; John M. Ferguson and
Robin Shandra Ferguson, husband and wife; John M. Ferguson; Davilla Eden Canyon Family
Partnership, a California general partnership; David Alan Ferguson: Mark Joseph Ferguson;
James P. Davllla and Anthony Davilla, as co- successor trustees of the Betty Davills Revocable
Trust u /t/a dated November 28, 2007,
Schaefer Ranch Holdings, LLC, a California limited liability company will hand provide the funds
necessary to pay the following fees:
1. Title Insurance Premium $550.00
2. Sub escrow fee $35OtOO
3. Recording Fees $ TBD
TOTAL $ TBD
OLD REPUBLIC TITLE COMPANY IS LICENSED TO ACT AS AN UNDERWRITTEN TITLE
COMPANY BY THE STATE OF CALIFORNIA, DEPARTMENT OF INSURANCE.
The following general provisions shall apply In this escrow.
1. Deposit and Disbursement of Funds. All funds received in this escrow shall be deposited In
accordance with the Deposit Instructlons/ Authorizations provided by the party depositing funds
into an escrow account maintained by Escrow Holder.
Disbursements are ordinarily made by check of Escrow Holder, Escrow Holder offers Its customers
the opportunity to transfer funds by wire from Its depository bank. Use of a wire transfer may offer
benefits to a party who wishes to more quickly satisfy an obligation and stop the accrual of
additional Interest, Escrow Holder's wire transfer service handling fee is $25.00 for each wire
requested, Advise Escrow Holder if a wire transfer Is required for any portion of the escrow funds
or proceeds.
2. Proration; and Adjustments. All prorations and /or adjustments called for In this escrow are to
be made on the basis of a thirty (30) day month unless otherwise instructed In writing. At dosing,
Escrow Holder may adjust estimated amounts and proration and other Items that may change
based on the recording date. In all acts relating, but not limited to fire/hazard insurance, rents and
rental deposits, real property taxes, and Interest, Escrow Holder shall presume that the Information
provided to Escrow Holder by the parties to this escrow, or their agent(s), Is correct and that
insurance premiums have been paid,
( 3. Recordation of Instruments. If necessary or proper for the Issuance of the Policy of Title
I` Insurance requested in this escrow, recordation of any instrument delivered to escrow Is
authorized. Escrow Holder Is further authorized to take any action necessary to comply with these
I Instructions and the Instructions of any lender and to execute any and all documents that may be
necessary or Incidental to the carrying out of these Instructions.
4. Authorization to Furnish Copies, Escrow Holder Is authorized to furnish copies of these
Instructions and supplements thereto, notices of cancellation, and closing statements pertaining to
f this escrow to the real estate brokers) and lender(s) named In this escrow.
S. Delivery of Non - Recorded Documents. Upon close of escrow, documents that are not
required to be recorded may be delivered by Escrow Holder by depositing same In the United
States Mall, postage prepaid, addressed to the party entitled thereto, at the mailing address
provided to Escrow Holder.
e. Conflicting Instructions. Upon receipt of any conflicting Instructions (other than cancellation
Instructions), Escrow Holder Is no longer obligated to take any further action In connection with this
escrow until further consistent instructions are received from the parties, Escrow Holder Is
authorized to hold all monies and /or Instruments In this escrow until otherwise directed, either by
the parties' mutual written instructions or by final order of a court of competent jurisdiction. In the
event of conflicting claims to any funds or other documents, Escrow Holder shall have the absolute
right, at Escrow Holder's discretion, to file an action in Interpleader requiring the parties to answer
and litigate their several claims and rights amongst themselves. Any such action must comply with
the requisite Interpleader statutes of the state of California In this regard.
7. Disclosure, Escrow Holder shall have no duty to disclose to any party to this escrow any
Information, which may come to Escrow Holder's attention concerning this transaction unless
specifically requested to do so by any party.
8. Right of Cancellation. This escrow shall be deemed canceled upon Escrow Holder's receipt of
any party's instruction to cancel the escrow. Upon receipt of a party's Instructions to cancel the
escrow, Escrow Holder shall distribute Cancellation Instructions to the parties or to their agents
regarding the disbursement of funds In the escrow. Escrow Holder then Is no longer obligated to
take any further action in connection with this escrow until receipt of mutual non - conflicting
Instructions from the parties. Upon receipt of mutual, non - conflicting Instructions regarding the
disbursement of funds in the escrow, Escrow Holder shall disburse the funds in accordance with
the instructions, less fees and other costs Incurred In connection with the escrow. In the absence
of non - conflicting Instructions regarding the disbursement of funds in the escrow, Escrow Holder Is
authorized and Instructed to hold all earnest money funds In accordance with the terms of
Paragraph a above, but Escrow Holder may distribute all funds In excess of earnest money to the
depositors of the funds or their assignees at Escrow Holder's sole discretion.
9. Entire Agreement and Indemnification. These General Provisions and the joint escrow
instructions received and accepted by Escrow Holder (if applicable), shall be the whole and only
agreement between the parties regarding the obligations of Escrow Holder to complete this escrow
and shall supersede and cancel any prior Instructions. Escrow Holder shall disregard and assume
no responsibility for complying with any other agreements) between the parties, whether or not
such agreement(s) have been made a part of this escrow. To the extent of any conflicts between
these General Provisions (Including joint escrow Instructions, N applicable) and any other
agreement(s) between the parties, these General Provisions Qncluding joint escrow Instructions, If
applicable) shall control.
10. Preliminary Report Approval. The parties to this escrow acknowledge that a copy of the
preliminary report Issued in conjunction with this escrow will be read and approved upon receipt
and the parties will certify that there are no liens or encumbrances, other than those shown on said
report that affect the property which is the subject of this escrow. Approval shall be assumed
absent an objection to any Item in the preliminary report and certification shall be assumed unless
Escrow Holder Is provided Information sufficient to Identify Ilan or encumbrances not shown on
the preliminary report.
11. Compliance with Regulatory Matters, Escrow Holder Is not responsible or liable for
determining that there has been compliance with any matters that are excluded from coverage
under the title Insurance policy to be Issued In conjunction with close of this escrow Including, but
not limited to, county or municipal ordinances and state, county or municipal subdivision or land
division regulations or laws. Reference Is made to the policy forth on file with the Insurance
Commissioner of the State of CelNomla and available through the Tire Company for the
customer's review for a complete statement of such exclusions.
12. Licensee status. Escrow Holder is not responsible or liable for determining that any person or
entity receiving a commission or other compensation from escrow Is currently and regularly
licensed, nor for communicating the license status of any person or entity receiving a commission
or other compensation from escrow to the parties herein.
13. Unclaimed Funds. After three (3) years from the deposit of funds Into escrow, any amounts
thereafter remaining unclaimed may be escheated to the State of California in compliance with the
State of California's Unclaimed Properly Law and Regulations.
14. Fees and Charges. The parties to this escrow agree to pay all charges, billings, advances and
expenses, including cancellation fees, that are property chargeable to the undersigned, and further
to pay any balance for fees, costs or shortages due In connection with these Instructions.
15. Payments From Escrow, Escrow Holder Is acting as the disbursing agent of the parties to this
escrow for all payments, such as, but not limited lo, commissions, signing service providers, notary
fees and termite Inspections and /or reports, owed and authorized herein by the parties.
16, inspections. Escrow Holder Is relieved of any obligation to order or obtain any of the
Inspections or reports required by this transaction.
17. Contingencies. Escrow Holder is relieved of any obligation to monitor, schedule the timing of,
or obtain any party's compliance with, any of the contingencies required by this transaction.
Servient Tenement Holders:
Schaefer Ranch Holdings, LLC, a California limited liability company
By: Schaefer Ranch Developmen Inc.,
Its Managing Mempar
By:
Loul[A.Pa ons, its ized Agent
Schaefer Ranch Geologic Hazard Abatement District,
A political subdivision of California
By:
Received
OLD REPUBLIC TITLE COMPANY
Dominant Tenement Holders:
Q :A
Russell A. Flelds, Trustee
Linda Stlehr, Trustee
Stephen A. Fields
Lucy Ferguson, Trustee
Robin Shandra Ferguson
David Alan Ferguson
Davllla Eden Canyon Family Partnership,
a general partnershIR
l
By: Anthony Davllla
Its: General Partner
co- successor trustee
Pete Fergus d, Tru tee
gusan
Mark Joseph Fe son
Davllla Eden Canyon Family Partnership,
a general partnership
Davllla
d Partner
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen A. Fields
Lucy Ferguson, Trustee
Robin Shandra Ferguson
David Alan Ferguson
Davilla Eden Canyon Family Partnership,
a general partnership
By: Anthony Davilla
Its: General Partner
Pete Ferguson, Trustee
John M. Ferguson
Mark Joseph Ferguson
Davilla Eden Canyon Family Partnership,
a general partnership
By: James Davilla
Its: General Partner
James P. Davilla, co- successor trustee Anthony Davilla, co- successor trustee
Domlmnt Tenement Holders:
Russell A. Fields, Trustee
Stephen , Flelds
Lury Ferguson, Trustee
Robin Shandra Ferguson
David Alan Ferguson
Davilla Eden Canyon Family Partnership,
a general partnership
By: Anthony Davilla
Its: General Partner
Linda Stleh , Trustee
Pete Ferguson, Trustee
John M. Ferguson
Mark Joseph Ferguson
Davilla Eden Canyon Family partnership,
a general partnership
By: James Davilla
Its: General Partner
Jemes P. Davilla, co- successor trustee Anthony Davilla, co- successor trustee
Dominant Tenement Holders:
Russell A. Fields, Trustee
Stephen A. Fields
Lucy Ferguson, Trustee
Robin Shandra Ferguson
David Alan Fergus
Davilla Eden Canyon Family Partnership,
a general partnership
By: Anthony Davilla
Its: General Partner
Linda Stlehr, Trustee
Pete Ferguson, Trustee
John M. Ferguson
Mark Joseph Ferguson
Davllla Eden Canyon Family Partnership,
a general partnership
By: James Davllla
Its: General Partner
James P. Davilla, co- successor trustee Anthony Davilla, co- Successor trustee