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HomeMy WebLinkAboutMINUTES - 09131994 - 1.19 /01 / THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 13, 1994 by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing Acceptance of Instruments. IT IS BY THE BOARD ORDERED that the following instruments are hereby ACCEPTED: INSTRTTMRNT REFERENCE GRANTOR AREA /Offer of Dedication SUB 7821 M.B. Line Inc. Martinez for Drainage Purposes Drainage Release SUB 7821 M.B. Line Inc. Martinez Grant Deed of SUB 7821 Davidon Martinez Development Rights Development Co. I hereby certify that this is a true and correct eopy of On action taken and enteredontth�ehmoiinnutes of the Board of ATTESM: PHIL BATCHELOR perk of the Board of Supervisors and my Administrator .Deputy Contact: Steve Wright - 313-2348 Originator: Public Works_(FS)-_ cc: Recorder (via!Title) then PW_REcords ' Director of Community Development RL:cl B013.t9 , Co to of:Cbntra • • County Engir eering Services Division �. Return to: Contra Costa County Public Works Department Ply Records Section o Area /d DV l�cl, Road Co. Road No. Development 7 s 21 Assessor's No. '165-170-02511 & 028 OFFER OF T&IrICATICN - EPAIMLE PORPOSFS (�a�) M.S. LINE INC. , A CALIFORNIA CORPORATION the undexsigned, being the present title owner of record of the herein described parcel of land, does hereby make an irrevocable offer of dedication to COUNTY OF CONTRA-COSTA, a political subdivision of the State of California, and its successors or assigns, of,an easement for storm, flood and surface water drainage, including construction, access or of works, in;rrmvements. and structures,, whether covered or open, or the clearing of obstructions arra vegetation, upon the real property situated in the County of Contra Costa, State of California, described in Exhfbit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that COUNTY OF CORMA COSTA and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any inprovements thereon or therein, until such offer has been accepted by appnropriate action of the Board of Supervisors, or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns; and personal representatives of the respective parties hereto. IN WMUSS SOF, these presents have executed this. int this 11 day of August, 1994 For M.B_ INC. A LIFORNIA CORP. By: (Co (Signature) By: l Signature) (Print Name) JOHN F. SO (Print Title) ASSISTANT VICE PRESIDENT (Print Title) CALIFORNIA ALL-PURPOSV ACKNOWLEDGMENT • No.5907 State of County of (2b-n i?Gx— 1.��Ql On t" ug- A I IR � before me, a5 � � 'l'rn ll /Vo4ar' k6l )L �- DATE NAME,TITLE OF OFFICER-E.G.,-J NE DOE,NOTARY UBLIC- personally appeared JA71 NAME(S)OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(-&) whose name(-&) is/a*e- subscribed to the within instrument and ac- knowledged to me that he/s4efthe9 executed the same in his/"RCfk-1 ✓"I; authorized KRIVINEOWBALL capacity(ies), and that by his/#er- COW0952Rld signature(a) on the instrument the person(s), CO^ cooumy or the entity upon behalf of which the person(s) acted, executed the instrument. D V WITNESS my hand and official seal. Ac ryl ba SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL 91 CORPORATE OFFICER Pa S A�S�'�>�i- Y�`�c► �5��nf- OFFQr a� 1��c��i�-�iea�n>�� TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 3 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: Ar NAME OF PERSON(S)OR ENTITY(IES) /Y'�Q SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 EXHIBIT "A" A PORTION OF PARCEL B AS SHOWN ON THE PARCEL MAP OF SUBDIVISION MS 37-88 FILED ON DECEMBER 19, 1989, IN BOOK 144 OF PARCEL MAPS AT PAGE 13, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL B (144 PM 13); THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE EAST LINE OF SAID PARCEL B SOUTH 31° 00' 00° WEST 232.90 FEET; THENCE SOUTH 030 00' 000 WEST 260.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING ALONG SAID EAST LINE OF PARCEL B SOUTH 030 00' 00u WEST 20.85 FEET; THENCE LEAVING SAID EAST LINE NORTH 700 33' 240 WEST 237.74 FEET; THENCE NORTH 1.911 26' 36R EAST 20.00 FEET; THENCE SOUTH 700 33' 240 EAST 231.84 FEET TO THE TRUE POINT OF BEGINNING. D CE2912-a CIVIL �FO�aQ1 OF G EXHIBIT "B" i r I� o,CE23i23 � CMI SCALE 1" = 100' t 0r C�����0 N 88'50'38" W 751.81' c 00 p 00 PARCEL B 144 PM 13 PARCEL D 367 M 47 Fly0 20' STORM DRAIN EASEMENT 0 4U o co N O O N ";,0 3 1 4 w W o o O N p co 0 ci ASSOCIATES`a I Il 0IN -euro•P—WM•9URNEYM Z 1440 Mark 1.4no. Silt. 200. walnut Crook California 94596 Phony (310) 932-6888 Fina (510) 932-0910 PROJECT MANAGER: RMD SCALE: i" = 100' DATE: APRIL. 1994 SHEET 1 OF 1 7821 SDE 87-1075-20 n DRAINAGE RELEASE `- (APN 365-170-025 & 028) THIS AGREEMENT made this 12th day of Jules ,19 94 , between M. B. Line Inc., a California Corporation doing business for Oakmont Memorial Parkland Mortuary herein called "Owners", and County of Contra Costa, herein called "County". WITNESSETH: WHEREAS, Davidon Homes, proposes the development of a parcel of land described in "Exhibit A" attached hereto, for which parcel a Tentative Map under Subdivision 7151 has been conditionally approved by the County Planning Commission and which parcel lies southeasterly of and adjoining the boundary of the property of the Owners; and WHEREAS, Owner's property is situated in Contra Costa County, California and is specifically described in "Exhibit B" 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 westerly 1000 feet as shown on the grading plans and improvement plans for subdivision 7821, more or less drains toward the said land of Owners in such manner that drainage water outflowing from a 24 inch reinforced concrete pipe will spill upon said land of Owners; THEREFORE, Owners for value received hereby agree with the County of Contra Costa as follows: t 1. In the event that the Final Map is filed on said Subdivision 7151 and/or subsequent units within the area encompassed by the said Tentative Map, as described in "Exhibit A" attached hereto, and the westerly end of said development is constructed substantially as indicated above, then the drainage waters flowing from said westerly end 1 of said development may flow without restriction and spill upon said land Owners Y'^ a where said improvements abut upon said land. �JU 2. Owners hereby release and forever discharge the County of Contra Costa from any liability to Owners for damage to Owner's Property which 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 "Exhibit B" 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 "Exhibit B") 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 drainage improvements. 3. This drainage release is limited to the waters from natural rainfall which naturally drain from adjacent property upon, fall upon, or accumulate upon the said westerly 1000 feet of said development where it abuts upon the boundary line of Owner's said land. 4. The rights given to the County 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 boundary of said development as shown on said Tentative Map. and (2) said drainage facility so authorized shall have been actually constructed. 2 THIS AGREEMENT shall be binding upon the heirs, successors, and assigns of Owners and any successor)theounty000ntraoos own r O Qation 'f NOTARY 3 CALIFORNIA ALL-PURPOSACKNOWLEDGMENT • No.5907 State of California County of Contra Costa On July 12, 1994 before me, Linda J. Allen DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared John F. Olson NAME(S)OF SIGNER(S) RioT *Pow7Axtoc4N6x- OR - ® 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 ac- knowledged 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), OFFICIAL SEAL or the entityupon behalf of which the .. LINDA J.ALLEN N P NOTARY PUBLIC-CALIFORNIA acted, executed the instrument. COMAMSSION r 1014865 C Persons) io CONTRA COSTA COUNTY MyCwunWm 8qL Feb.21.19x6 WITNESS my hand and official seal. C_ (01py NATURE OF NOTAR OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Drainage Release nn.E(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 5 t ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: July 12, 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 4 • "EXHIBIT A" (APN 365-170-028) Real property in the County of Contra Costa, unincorporated, State of California, described as follows: Parcel D of Subdivision 7151, as recorded August 18, 1993, in book 367, of maps at page 47, Contra Costa County Records. ' o,CE2912a 5 L'Arl l ll l 1 Cl FAST SAY REGIONAL PARK ;tC . 7720 OR 62 - _ - - �/ z z zs�r to �= u a m v { Qo N 12-4,5'20- CL 2'48'20~ m d - r•na ¢ ` u �6`. gyp, i7.Oa• q t� N 03'00'00• E ro , = 370.00' $ rim. K = � IA cc�t a a csw w:b iIi o F{�l ua4 e"� +•'u---?— ��ti4 to \ `i • Z _ li- — to v. '4��.0 y!$ law gE _ Al 1,3"30,00. as E / is Ura s w285.00• _ _ D , p ::;:zZ Ya� �E w� Y l•y f0 � F Q �• LP oi z . pQVa ot gas psm Q A 01 : s to o -1915.4 _4 P N U tit �_ dyGi xx rip ago N`�d a8gao —Z ♦z •� �,/•-`'.�"`i:_`,C'`:lu�. s�'fD�'• '/ !1 w 3u .=pCS N A� pp zr,r z rn C7 CC O '+� ^( q� w Z Ag $ . j/�/�E,` tZr F t. L Lac j,�•.\ ,,w,, �o fWAto:A fWA p `�,, cc '0$ O CS K. ';4 O z ar 4 0 4a w ,:,:� o ,p CR =swum m �.yb m s st�3� / Ail.6090 Oil I glwo OA to OWN Dal CT 30 Pov M now AZ �'A'�_� ffli to "nz �y..�ZiY�.11l]JY+[C{�y ?^ v .iyVZY�1'h -1 v "EXHIBIT B" (APN 365-170-025) Real property in the County of Contra Costa, unincorporated, State of California, described as follows: Parcel B of Subdivision MS 37-88 as recorded December 19, 1989 in book 144 of Parcel Maps at page 13, Contra Costa County Records. QRZ M. 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