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Home My WebLink AboutMINUTES - 08142001 - C.19 CO" Recorded at the request of. Contra Costa County Public works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August14.,2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER, AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2001/373 SUBJECT: Authorize Acceptance of Drainage Release from Fallman Land Investment Company for Subdivision 8023, Brentwood area. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Drainage Release Subdivision 8023 Fallman Land Brentwood Investment Company `w I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. G:\GrpData\EngSvc\BO\2001\BO 8-7-01.doc JD:lap Originator: Public Works(ES) Contact:Rich Lierly(313-2348) All u s t`14. 2001 cc: Recorder(via Title Company)theft PW Records ATTESTED: g , Current Planning,ConummityDevelopment JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By , Deputy RESOLUTION NO. 2001/ 3 7 3 _ RECORDING REQUESTED BY Contra Costa County AND WHEN RECORDED MAIL TO Contra Costa County Public Works Department, Records Section 255 Glacier Dr. Martinez, CA 94553 SPACE ABOVE THIS LINE FOR RECORDER'S USE Drainage Release THIS COVENANT made this 2°d day of August 2001, by Fallman Land Investment Company, a California corporation, herein called "Owner", to the County of Contra Costa, herein called "County" and Hofmann Land Development Company, a California corporation, herein called "Developer". WITNESSETH: WHEREAS,Developer proposes the development of parcels of land described in Exhibit "A", attached hereto, for which parcels a Tentative Map under Subdivision SD968023 has been conditionally approved by the County Planning Commission and which parcel lies southerly of the property of Owner; and WHEREAS,Developer proposes to install storm drain lines on Bixler,Road, a publicly maintained road, required as part of the drainage improvements of said subdivision and terminate said storm drain lines into a tidal canal on Owner's property, as described below, 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 drainage water from Subdivision SD968023 of said Tentative Map and drainage water from lands west of said Subdivision SD968023 will drain into a tidal canal located upon said land of Owner; THEREFORE, Owner, in compliance with the conditions of approval for Subdivision SD968023, does hereby promise as follows: 1. In the event that the Final Map is filed on said Subdivision SD968023 and subsequent units within the area encompassed by said Tentative Map, as described in "Exhibit A", attached hereto, then said drainage waters may flow from said property, as described in"Exhibit A" and from Bixler Road, a County road, without restriction and spill into said tidal canal, located upon said land of Owner. 2. Owner hereby releases and forever discharges County from any liability for damages County may now or hereafter, have by reason of any future discharge of said drainage waters upon the land of Owner, 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 Owner's land, as provided herein, Owner or Owner's land, as described in "Exhibit B", suffer any damage, now or in the future, Owner agrees to have and make no claim, therefore, against County concerning said damages and the operation of said drainage improvements. 3. The rights given to County and Developer, under 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 storm drain easements, for the benefit of County and Developer are provided on Owner's land and drainage facilities, conveying public storm flows from Bixler Road and the lands included on the Final Map of Subdivision SD968023, are constructed to'the satisfaction of County. THIS COVENANT is an instrument affecting the title or possession of the property described in "Exhibit B" and shall be binding upon all the heirs, successors and assigns of Owner shall inure to the benefit of any public successor to County and the heirs, successors and assigns of Developer. FALLMAN LAND INVESTMENT COMPANY aB . haw, President Dennis M. Drew, Secretary CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On August 2, 2001,before me,D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw and Dennis M. Drew, personally known to me to be the person (s) whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person (s), or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal D. PANTELES C Comm.a 1296585 t� NOTARY PUBLIC-CALIFORNIA N Contra Costa County MY Comm.Expires March 912005 a Slgnat �_ c 11 .................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................... Reference: Drainage Release—Subdivision 8023 Date: August 2, 2001 Pages: 2 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On July 24, 2001, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw and Dennis M. Drew, personally known to me to be the person (s) whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person (s), or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal D. PANTELES Comm.A 1296565 :•A S NOTARY PLIBLIC•CALIFORNIA VI Contra Costa County 10` MY Comm.Expires March 9,2005 Signatu C-Os: Reference: Drainage Release—Subdivision 8023 Date: July 24, 2001 Pages: 2 I. Subdivision 8023 Drainage Release E)CMBIT"A" All of that real property situated in the County of Contra Costa, State of California, describes as follows: All of Lots 1 through 99; Parcels "A" through "E", "G", "I", "J", "L" through "N" and "P" through "R"; and'the streets designated as "Grand Way', "Lakeshore Circle", "Winchester Loop", "Kincaid Way', "Crescent Way', "Yosemite Way' and "Yosemite Court", as shown ori the final map of Subdivision SD968023, on file at the County Recorder's Office as follows: Date: Book: Page: Subdivision 8023 Drainage Release EXE IIBIT"B" Al of that real property situated in the County of Contra Costa, State of California, described as follows: All of the certain land shown of "Survey for Leo F. Fallman, Brentwood, California portions of sections 14 and 23, Township 1 north, range 3 east", on file at the County Recorder's office as follows: Date: December 18, 1945 Book: No. 10 of Licensed Surve3or's Map Page: 13 i Subdivision 8023 Drainage Release EXHIBIT"A" i All of that real property situated in the County of Contra Costa, State of California, describes as follows: All of Lots 1 through 99; Parcels "A" through "E", "G", "I", "J", "L" through "N" and "P" through "R'; and the streets designated as "Grand Wa3?', "Lakeshore Circle", "Winchester Loop", "Kincaid Way', "Crescent Way', "Yosemite Way' and "Yosemite Court", as shown on the final map of Subdivision SD968023, on file at the County Recorder's Office as follows: Date: Book: Page: � I Subdivision 8023 Drainage Release EXHIBIT"B" Al of that real property situated in the County of Contra Costa, State of California, described as follows: All of the certain land shown of "Survey for Leo F. Fallman,Brentwood, California portions of sections 14 and 23, Township 1 north, range 3 east", on file at the County Recorder's office as follows: Date: December 18, 1945 Book: No. 10 of Licensed Surveyor's Map Page: 13