Attachment 3 NO FEE DOCUMENT Government Code 6103 & 27383 WHEN RECORDED RETURN TO: City of Rio Vista 1 Main Street Rio Vista, CA 94571 Attn: City Clerk (THIS SPACE FOR RECORDER S USE ONLY) THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. IRREVOCABLE OFFER OF DEDICATION (a Portion of Parcel T) THIS IRREVOCABLE OFFER OF DEDICATION is dated and effective as of October, 2018, and made by Encore Liberty, LLC, a Delaware limited liability company ( Encore ) to the City of Rio Vista, a California municipal corporation ( City ) (hereinafter Encore and City are collectively referred to as the Parties ). RECITALS A. The City previously approved the Final Map of Liberty, Phase 1 (84 SD 10), which included offers of dedication to the City for Parcels AA, T, V, and X. The offers were conditionally accepted by the City subject to completion of construction of improvements. B. Because all of Parcels AA and V, and portions of Parcels T and X will now be part of a gated adult community governed by a Homeowners Association ("HOA"), Encore has requested that the portions of those parcels located inside the gates be retained as private property owned by the HOA. C. The City of Rio Vista Planning Commission conducted a public hearing on the subject matter at a duly noticed public hearing on September 12, 2018 and made a recommendation to the City Council for the rejection of the portion of Parcel T located within the gates of the community, and the acceptance of the portion of Parcel T located outside of the gates of the community. D. In order to effectuate the conditional acceptance, at the Rio Vista City Council meeting on October 16, 2018, the City Council adopted Resolution No. 2018-, agreeing to conditionally accept the offer of dedication for the portion of Parcels T located outside of the gates of the community, subject to completion of improvements and acceptance of those improvements by the City. E. Encore and the City have agreed that Encore will make this offer to dedicate, irrevocably, to the City, for the portion of Parcel T located outside the gated community, as legally described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein, in fee for open space and park purposes, subject to the terms set forth herein ("Portion of Parcel T"). Irrevocable Offer of Dedication Page 1 of 13
Attachment 3 NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Dedication. Encore does hereby irrevocably offer to dedicate the Portion of Parcel T to the City in fee for open space and park purposes. 2. Conditional Acceptance. The City hereby conditionally accepts the Portion of Parcel T, subject to improvement by Encore and the City's acceptance of those improvements. Concurrently with the execution of this Agreement, Encore agrees to execute the Grant Deed, attached hereto and incorporated herein by reference as Exhibit C, for future acceptance and recordation by the City once the conditions for acceptance have been met. The legal unconditional acceptance of this offer to dedicate shall be deemed to occur as of the date the Grant Deed is recorded with the Solano County Clerk-Recorder. 3. Successors and Assigns. This instrument shall bind and inure to the benefit of the respective heirs, executors, administrators, personal representatives, successors and assigns of the Parties. IN WITNESS WHEREOF, the Parties have executed this offer to dedicate on the day and year first above written. ENCORE: Encore Liberty, LLC, a Delaware limited liability company CITY: The City of Rio Vista, a California municipal corporation By: By: Name: Robert Hickey, City Manager Title: Accepted by the City of Rio Vista, subject to improvements and acceptance of improvements by the City, pursuant to Resolution : By: Date: Jose Jasso, City Clerk Irrevocable Offer of Dedication Page 2 of 13
Attachment 3 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 ) ) ss County of ) ACKNOWLEDGMENT On before me,, Notary Public, 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 signature(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. Signature (Seal) Irrevocable Offer of Dedication Page 3 of 13
Attachment 3 Irrevocable Offer of Dedication Page 4 of 13
Attachment 3 Irrevocable Offer of Dedication Page 5 of 13
Exhibit B Irrevocable Offer of Dedication Page 6 of 13
Exhibit C (See Attached Grant Deed) Irrevocable Offer of Dedication Page 7 of 13
NO FEE DOCUMENT Government Code 6103 & 27383 Recording Requested By and When Recorded Mail To: City of Rio Vista 1 Main Street Rio Vista, CA 94571 Attn: City Clerk GRANT DEED (THE ABOVE SPACE FOR RECORDER S USE ONLY) THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. The undersigned Grantor(s) declare: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Encore Liberty, LLC, a Delaware limited liability company, GRANTOR, hereby GRANTS to: City of Rio Vista, a California municipal corporation, GRANTEE, all of the following described real property in the County of Solano, State of California, legally described as follows: [See Exhibits A and B, Attached] Dated: October, 2018 GRANTOR: Encore Liberty, LLC, a Delaware limited liability company By: Name: Title: Grant Deed Page 8 of 13
****************************************************************************** CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Grant Deed, the provisions of which are incorporated by this reference as though fully set forth in this Certification, to the City of Rio Vista, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the Rio Vista City Council pursuant to authority conferred by Resolution No. 2018- adopted October 16, 2018, by the City of Rio Vista. By: Name: Date Title: ******************************************************************************* Grant Deed Page 9 of 13
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 ) ) ss County of ) ACKNOWLEDGMENT On before me,, Notary Public, 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 signature(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. Signature (Seal) Grant Deed Page 10 of 13
Grant Deed Page 11 of 13
Grant Deed Page 12 of 13
Exhibit B to Grant Deed Grant Deed Page 13 of 13