ATTACHMENT C
THE BOARD OF DIRECTORS OF HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT RESOLUTION NO. 23-04
Approve Transfer of Plan of Control Responsibilities for Assessor’s Parcel Number (APN) 083-0477-003 (PARCEL B, Tract 7620) in The Reserve development from La Vista, LP to the Hayward Geologic Hazard Abatement District (GHAD) and AuthorizE the GHAD Manager to Accept Title to Parcel B WHEREAS, on March 1, 2016, the City Council adopted Resolution 16-030, approving and ordering formation of the Hayward Geologic Abatement District (GHAD) as described in the GHAD Plan of Control for the La Vista subdivision (Tract 7620) and appointed itself to act as the GHAD Board of Directors (the "Board"); and WHEREAS, on October 25, 2016 the Hayward GHAD adopted Resolution No. 16-03 that approved the Plan of Control for the La Vista (The Reserve) development; and WHEREAS, the approved Plan of Control provides a process for transferring ownership, monitoring and maintenance responsibilities for GHAD activities from the developer to the GHAD; and WHEREAS, La Vista, LP provided the Hayward GHAD with a transfer application offering all Assessor’s Parcel Numbers (APNs) and easements within The Reserve development to the GHAD; and WHEREAS, La Vista, LP has fulfilled the requirements set forth in the adopted Plan of Control with verification by the GHAD Manager as documented in the Acceptance Letter dated October 26, 2023 for Parcel B in Tract 7620; and WHEREAS California Public Resources Code section 26577 authorizes the GHAD to acquire interests in real property.
WHEREAS, a condition of approval of the La Vista development required the developer to form a Lighting and Landscape Assessment District (“LLD”) which is required to enter GHAD property in order to undertake the maintenance and repair work of LLD 96-1. The GHAD Board, therefore, is granting a Right of Entry to the City of Hayward to allow the LLD work to be undertaken on GHAD property.
NOW, THEREFORE, BE IT RESOLVED that the Hayward GHAD Board of Directors hereby orders that:
The GHAD Board approves the transfer of ownership of Parcel B in Tract 7620 and Plan of Control responsibilities to the Hayward GHAD for APNs identified in the acceptance letter dated October 26, 2023.
The GHAD Manager is authorized to accept a Grant Deed, record a Grant Deed, and take other actions that may be necessary for the GHAD to accept fee title to the parcels described as Parcel B of Tract 7620, APN 083-0477-003.
The GHAD Board Grants a Right of Entry and Agreement to the City of Hayward regarding Open Space Property (for Lighting and Landscape Maintenance Purposes).
4. The recitals are incorporated herein by this reference.
5. This Resolution shall become effective immediately upon its passage and adoption.
IN COUNCIL, HAYWARD, CALIFORNIA November 14, 2023
ADOPTED BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:______________________________
Clerk of Hayward Geologic Hazard Abatement District
Board of Directors of the City of Hayward
APPROVED AS TO FORM:
______________________
___________________
___________________________________________________________ ___________________________________________________________ General Counsel of the Hayward Geologic Hazard Abatement District Board of Directors of the City of Hayward
Attachment 1- Grant Deed (1)
020866.0003\5758386.2