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Home My WebLink AboutMINUTES - 09232003 - C.19 Recorded at the request of* Contra Costa County. Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEEi 1A, GREENBERG, GLOVER AND DESAULNIER " NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20031570 SUBJECT: Acceptance of Drainage Release, for Subdivision 8570, being developed by Fallman Land Investment Company, Byron area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Drainage Release Sub 8570 Fallman Land Byron III Investment Company CL:rm I hereby certify that this is a true and correct copy of an action G:\GtpData\EngSvcV3012003\9-23-03\SUB 8570 BO-27 DR.doc taken and entered on the minutes of the Board of Supervisors Originator- Public Warks(ES) on the date shown, Contact:Chris Lau (313-2293) cc: Recorder(via Title GonVany)then PW Records Current Plannin&Community Development ATTESTED: JC�PTE E� , 00 Falhnan Land Investment Company Bob,Henry JOIN SWEETEN, Clerk of the Board of Supervisors and Galaxy Way Concord,CA 94522 County Administrator BY: �� , DEPUTY RESOLUTION NO.20031 570 RECORDING REQUESTED BY Contra Costa County AND RECORDED MAIL TO Contra Costa County Public Works Department, Records Section 255 Glacier Drive Martinez,CA 94553 SPACE ABOVE THIS LINE FOR MFR'S LTSE Drainage Release THIS COVENANT made this_sAAS�p day ofQ1� A °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 8570 of said Tentative Map and drainage water from lands west of said Subdivision 8570 will drain into a tidal canal located upon said land of Owner. THEREFORE, Owner, in compliance with the conditions of approval for Subdivision8570,does hereby promise as follows: 1. In the event that the Final Map is filed on said Subdivision 8570 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 attached Exhibit"A" and from Bixler Road, a County Road, without restriction and spill into 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 necessary 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 Final Map of Subdivision 8570, are constructed to the satisfaction of the 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 successors to County and the heirs, successors and assigns of Developer. t , FALLMAN LAND INVESTMENT COMPANY By A.T. Shaw, President Dennis M. Drew, Secretary Subdivision 8570 Drainage Release EXHIBIT "A" All of that real property situated in the County of Contra Costa, State of California, describes as follows: All of Lots I through 72;parcels "A"through "J"; and the streets designated as "Fall an.Boulevard", "Lakefront South Loop", "cottage Grove Drive", "Oroville Court", "Carlyle Drive", "Tahoe Court", "Havasu Court", "Almanor Drive", "Almanor Court", "Hawthorne Court", as shown on the final map of Subdivision 8570, on file at the County Recorder's Office as follows: Date: Book: Wage: Subdivision 8570 Drainage Release EXHIBIT "B" All of that real property situated in the County of Centra Costa, State of California, described as follows: All of Parcel"H", on file at the County Recorder's office as follows: Date: Back: Page: CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa On August 21, 2003, 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 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, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal DPANTELES Comm.#1296585 it 40TARY PUBLIC-CALIFORNIA it Contra costs County My Comm Expires M arch 9,2005 Signature .. .......... ......... ..... Reference: Drainage Release for Fallman Land Date: August 21, 2003 Pages: 2 plus attached Exhibit A ACTION BY THE BOARD OF DIRECTORSOF FALLMAN LAND INVESTMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Fallman Land Investment Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes Kenneth H. Hofmann, Dennis M. Drew and/or A.T. Shaw to execute, in their authorized capacities, any and all documents related to the purchase and sale of real property, any and-all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements and bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: February 24, 2003 ann, Director lbert T. Shaw, Director.- Dennis M, Drew, Director Richard L. Greene, Director ACTION BY THE BOARD OF DIRECTORS OF ;t FALLMAN LAND INVESTMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Fallman Land Investment Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution; RESOLVED, that the corporation authorizes Kenneth H. Hofmann, Dennis M. Drew andlor A.T. Shaw to execute, In their authorized capacities, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land Improvement agreements, such as subdivision agreements and bond agreements. This convent is executed pursuant to section 307, subdivision (b) of the California Corporations Coda which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting_ Dated: February 24, 2003 Kenneth H. Hofmann, Director Albert T. Shaw, Director Dennis M. Grew, Director Richard L. Greene, Director