HomeMy WebLinkAboutMINUTES - 07191994 - 1.9 • I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 19, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instruments are hereby
ACCEPTED FOR RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA
Drainage Release MS 109-89 Southern Pacific Byron
Transportation Company
Common Use Agreement MS 109-89 Byron Bethany Byron
Irrigation District
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supewisors on date ahown.
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PHIL BATCHELORCterk of the Board
of Supervisors and ty Administrator
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Contact: Rich Lierly - 313-2348
Originator: Public Works (ES)
cc: Recorder (via 4�Gt&n PW Records
Director of Community Development
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DRAINAGE RELEASE
THIS AGREEMENT made this day of ,
1992, between SOUTHERN PACIFIC TRANSPORTATION COMPANY herein
called "Owner" and the County of Contra Costa, herein called
"County" .
WITNESSETH:
WHEREAS, Diablo Transportation, Inc. a California
Corporation, proposes the development of a parcel of land
described in "Exhibit A" attached hereto, for which parcel a
Tentative Map under Subdivision M.S. 109-89 has been
conditionally approved by the County Planning Commission and
which parcel lies westerly of and adjoining the westerly boundary
of the property of the Owners; and
WHEREAS, Owners property is situate in Contra Costa county,
California, and is specifically described in "Exhibit B" and
shown on Plat Map "Exhibit C" attached hereto and made a part
hereof: and
WHEREAS, the contemplated improvement of said development as
shown on said Tentative Map is such that the easterly 603 feet,
more or less, slopes downward toward the said land of Owner in
such a manner that drainage water flowing along the slope in a 27
inch Polyvinyl Chloride (PVC) pipe will spill upon said land of
Owners;
THEREFORE, Owners for value received hereby agree with the
County of Contra Costa follows:
1 . In the event that the Parcel Map is filed on said
Subdivision M.S . 109-89 and/or subsequent units within the area
encompassed by said Tentative Map, as described in "Exhibit A"
attached hereto, and the easterly side of said development is
constructed substantially as indicated above, then the drainage
waters flowing from said easterly side of said development may
flow without restriction and spill upon said land of Owners where
said improvements abut upon said land.
J
2. Owners hereby release and forever discharge the County
of Contra Costa from any liability for damages the County may now
or hereafter have by reason of any future discharge'' of said
waters upon the lands of Owners as described in "Exhibits B" and
"C" attached hereto or the construction and maintenance of said
drainage improvements . If by the acceptance of said drainage
waters upon their land as provided herein the Owners or their
land (as described in "Exhibits B" and "C" ) suffer any damage now
or in the future, Owners agree that they will have and make no
claim therefor against the County and that they will not maintain
any action at law or in equity against the County of Contra Costa
concerning said damages and the operation of the drainage
improvements .
3. This drainage release is limited to the waters from
natural rainfall which naturally drain from adjacent easterly
property upon, fall upon, of accumulate upon the said easterly 603
feet of said development where it abuts upon the westerly
boundary line of Owner's said land.
4 . The rights given to the Count of Contra Costa under
Paragraph No. 1 of this agreement shall automatically and without
the necessity of any further agreement or release terminate and
be of no further force or effect if and when ( 1 ) the proper
public authority authorizes the construction of an acceptable
drainage facility upon the land of Owners connecting with the
easterly boundary of said development as shown on said Tentative
Map, and (20 said drainage facility so authorized shall have been
actually constructed.
THIS AGREEMENT shall be binding upon the heirs, successors,
and assigns of Owners and any public successor to the County of
Contra Costa.
THERN PACIFIC TRANSPORTATION CO.
\� J. W. IVANI�1�il )i! 7�k E; .fa
NOTARY
State of California - County of Contra Costa
before me
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the wi�thhiin} instrument and acknowledged to me that
t 7��-
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
ecuted the instrume t.
Signatu (Seal)
OFFICIAL SEAL
MELtSSA GUTtERREZ
PJvTAk'' 'U9iIC-CALIFOFNIA
r. LOS ANGELES COUNTY
MY Commission Expires Oct 1, 1994
Order No. 758704
Page No. 7
LEGAL DESCRIPTION
REAL PROPERTY in an unincorporated area, County of Contra Costa, State of Califomia, described as
follows:
PARCEL ONE:
Portion of the northwest 1/4 of Section 14, Township 1 South, Range 3 East, Mount _Diablo Base and
Meridian, described as follows:
Beginning on the East line of the County Road running along the West line of said Section 14 at the South
line of the North 1/2 of said Section; thence from said point of beginning, North 438.50 feet along said East
line to the South line of the parcel of land described in the Deed from Martha Lena Heitman, et vir, to The
Associated Pipe Line Company, dated October 11, 1907 and recorded October 15, 1907 in Book 127 of
Deeds, at Page 493; thence East 799.22 feet along said South line to the southwest line of the right of way
of the Southern Pacific Railroad Company; thence southeasterly 520.74 feet along said southwest line to
the said South line of the North 1/2 of said Section; thence West 1093.62 feet along said half section line
to the point of beginning.
EXCEPTING FROM PARCEL ONE ABOVE:
See General Exception following Parcel Three herein.
PARCEL TWO:
Portion of the southwest 1/4 of Section 14, Township 1 South, Range 3 East, Mount Diablo Base and
Meridian, described as follows:
Beginning on the East line of the County Road running along the West line of said Section 14 at the North
line of the South 1/2 of said Section; thence from said point of beginning South 25.00 feet along said East
line; thence East, at right angles, 1110.40 feet to the southwest line of the right of way of the Southern
Pacific Railroad Company; thence northwesterly 30.45 feet along said southwest line to the said North line
of the South 1/2 of said Section; thence West 1093.62 feet along said North line to the point of beginning.
EXCEPTING FROM PARCEL TWO ABOVE:
See General Exception following Parcel Three herein.
PARCEL THREE:
Portion of the southwest 1/4 of Section 14, Township 1 South, Range 3 East, Mount Diablo Base and
Meridian, described as follows:
Beginning on the East line of the County Road running along the West line of said Section 14, distant 25.00
feet South from the North line of the South 1/2 of said. Section 14; thence from said point of beginning
South 18.00 feet along said East line; thence East at right angles, 1122.50 feet to the southwest line of the
right of way of the Southern Pacific Railroad Company, thence northwesterly, along said southwest line,
21.93 feet to the South line of the parcel of land described in the Deed from R.R. Houston, et ux, to Byron
Hot Springs, dated April 25, 1911 and recorded May 1, 1911 in Book 168 of Deeds, at Page 16; thence
West 1110.40 feet along said South fine to the point of beginning.
First American Me
EXHIBIT "A"
Order No. 758704
Page No. 8
EXCEPTING FROM PARCELS ONE, TWO AND THREE ABOVE:
Rights reserved in the Deed from Charles F. Rambeau to Anthony Cocciardi recorded October 15, 1986,
Book 13192 of Official Records, Page 745, as follows:
'All oil, gas, casinghead gas, asphaltum and other hydrocarbon and mineral substances now or hereafter
found, situated or located in all or any part or portion of the land herein described lying below the surface
thereof, together with the right to slant drill for and remove all or any of said oil, gas, casinghead gas,
asphaltum and other hydrocarbons and mineral substances lying below the surface of said land, with no
right of surface entry."
A.P. No.: 002-210-005
First American 77de
EXHIBIT "A" (Con't)
1; ISJ.1''J1II:�C�`.�c 37 5-4-89
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NOTICE
THIS MAP MAY OR MAY NOT 3E A SURVEY OF THE 20
LAND DEPICTED HEREON. IT IS NOT TO BE RELIED
UPON FOR ANY PURPOSE OTHER THAN ORIENTING
ONE'S SELF AS TO THE GENERAL LOCATION OF THE
PARCEL OR PARCELS OF INTEREST. FIRST AMERICAN
TITLE COMPANY ASSUMES MO LIABILITY FOR LOSS
OR DAMAGE RESULTING FROM RELIANCE THEREON.
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SUBDIVISION MS 109-89 &
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County File -89
BYRON-BETHANY IRRIGATION DISTRICT
DOL _ Z(Q - QOS COMMON USE AGREEMENT 'SHORT FORM
BYRON-BETI'IANY IRRIGATION DISTRICT, a state agency,
hereinafter referred to as "District, " being the owner in
possession of a right of way shown as follows :
1. 35 foot easement recorded in Book 16000 Page 444 ,
7/23/90 .
2 . Any other easements of record located within an area
of dedication.
HEREBY consents to the common use by the COUNTY OF CONTRA
COSTA of that portion of said right of way shown as AREA DEDI-
CATED TO CONTRA COSTA COUNTY FOR ROADWAY PURPOSES ON THE PARCEL
MAP FILED , 19 , IN BOOK OF PARCEL
MAPS AT PAGE , CONTRA COSTA COUNTY RECORDS .
THIS CONSENT is hereby made subject to the terms and
conditions of the General Common Use Agreement between District
and the COUNTY OF CONTRA COSTA dated January 19 , 198? , and
recorded in Volume 10661 , at Page 314 , Contra Costa County
Records, which terms and provisions are by this reference
incorporated herein, and subject to the further proviso that
the District ' s pipeline, conduit, ditch or appurtenant facil-
ities shall be replaced or strengthened to the standards approved
by the District and without District expense in order to carry
vehicular loading when and if any paving is placed over the
pipeline, conduit, ditch or appurtenant facilities or the
District determines that the vehicular use of the area of
common use has become detrimental to the preservation and use
of the pipeline, conduit, ditch or appurtenant facilities.
IN WITNESS WHEREOF, District has executed this consent
this 18th day of September , 1990
BYRON-BETHANY IRRIGATION DISTRICT
a state agency
By
Lois Stornetta
Secretary to the Board of Directors
Title
State of California )
County of Contra Costal Ss .
On the 18th day of September , in the year 1990 , before me ,
R ger J. Re' e , Notary, personally appeared
Lois tornetta , personally known to me to be the person who
executed this instrument as Secretary of Byron-Bethany Irrigation
District and acknowledged to me that the Byron-Bethany Irrigation
District executed it.
,s.. OFFICIAL,SF.AI,
m RQGER 1.REIIEN$1EIN
Mo��
' Mr Carni.
• WHEN RECORDED TxR URN T0:
BYRON-BETHANY -IkRIGATION DISTRICT GQ �fJ ✓J /,
P. 0. BOX 273 U /
BYRON, CA 94514 SUBDIVISION MS 109-89 &
{ County Fiie -89
BYRON-BETHANY IRRIGATION DISTRICT
'COMMON USE AGREEMENT --SHORT FORM
BYRON-BETHANY IRRIGATION DISTRICT, a state agency,
hereinafter referred to as "District, " being the owner in
possession of a right of way shown as follows :
1 . 35 foot easement recorded in Book 16000 Page 444 ,
7/23/90 .
2 . Any other easements of record located within an area
of dedication.
HEREBY consents to the common use by the COUNTY OF CONTRA
COSTA of that portion of said right of way shown as AREA DEDI-
CATED TO CONTRA COSTA COUNTY FOR ROADWAY PURPOSES ON THE PARCEL
MAP FILED , 19 , IN BOOK OF PARCEL
MAPS AT PAGE CONTRA COSTA COUNTY RECORDS.
THIS CONSENT is hereby made subject to the terms and
conditions of the General Common Use Agreement between District
and the COUNTY OF CONTRA COSTA dated January 19 , 1982 , and
recorded in Volume 10661 , at Page 314 , Contra Costa County
Records, which terms and provisions are by this reference
incorporated herein, and subject to the further proviso that
the District ' s pipeline, conduit, ditch or appurtenant facil-
ities shall be replaced or strengthened to the standards approved
by the District and without District expense in order to carry
vehicular loading when and if any paving is placed over the
pipeline, conduit, ditch or appurtenant facilities or the
District determines that the vehicular use of the area of
common use has become detrimental to the preservation and use
of the pipeline, conduit, ditch or appurtenant facilities.
IN WITNESS WHEREOF, District has executed this consent
this 18th day of September 1990
BYRON-BETHANY IRRIGATION DISTRICT
a state agency
By .
Lois tornetta
Secretary to the Board of Directors
Title
State of California )
County of Contra Costa3SS .
On the 18th day of September , in the year 1990 , before me ,
Roger J. Reizenstein ' Notary, personally appeared
Lois Stornetta, personally known to me to be the person who
executed this instrument as Secretary of Byron-Bethany Irrigation
District and acknowledged to me that the Byron-Bethan Irrigation
District executed it .
OFFICIAL SEgL
ROGER).REIIENSTEIN
m ROTARY PUB UC.CALFORRq
CONTRA COSTA COURTT
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