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Home My WebLink AboutMINUTES - 09232003 - C.20 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, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/571 SUBJECT: Acceptance of Release and Indemnity(Levee Failure), for Subdivision 8570,being developed by Fallan 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: Release and Indemnity Sub 8570 Fallman Land Byron III (Levee Failure) Investment Company I hereby certify that this is a true and correct copy of an action CL:rm taken and entered on the minutes of the Board of Supervisors G:\CvrpData\FngSve\BO\200319-23-03\SUB 8570 BO-27 R&Ldoc on the date shown. Originator: Public Works(ES) Contact:Chris Lau (313-2293) cc: Recorder(via Title Company)then PW Records ATTESTED: SEPTIMER 23, 200.3 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and railman Land Investment CotMany Boli Henry County Administrator 1380 Galaxy Way Concord CA 94522 BY: , DEPUTY RESOLUTION NO.2003/ '} Record at the request of: Contra Costa County Board of Supervisors Return to: Contra Costa County Public Works Department Engineering Services Division Records Section Area: Byron Subdivisions:8570,8571,8572,8577,8578 and 8579 Assessor's Parcel plumbers: 011-240001 015-160-002 015-160-001 RELEASE AND INDEMNITY SUBDIVISION SD968570(LEVEE FAILURE) The undersigned declares and promises as follows: A. The undersigned is the owner and developer of certain real property located in the unincorporated area of Contra Costa County, California, known as Discovery Bay West —Village III (Subdivision 8570, 8571, 8572, 8577, 8578 and 8579) as described in Exhibit"A", attached hereto. B. The undersigned has obtained from the County of Contra Costa ("County") certain land use entitlements, consisting of the approval of the above subdivisions, the approval of Final Development Plan 3025-91 and the approval of Rezoning 2963-RZ C. Pursuant to the conditions of approval of the land use entitlements, the undersigned is required to execute and record this document. D. By means of this document, the undersigned acknowledges and gives notice that the levees protecting a portion of the above-described real property are subject to failure if not properly maintained. E. The undersigned, for itself, its successors and assigns, hereby releases the County, the Contra Costa County Flood Control and Water Conservation District ("District") and their respective boards, commissions, officers, agents, and employees from any and all claims, costs, demands, expenses or liability, including, without limitation, consequential damages, arising out of damage to on-site improvements as a result of levee failure. F. The undersigned, for itself, its successors and assigns, further promises to defend, indemnify, save and hold harmless the County, District and their respective boards, commissions, officers, agents, and employees from any and all claims, costs, demands, expenses, or liability, including, without limitation, consequential damages, arising out of damage to on-site improvements as a result of levee failure. G. This document is an instrument affecting the title or possession of the above-described real property and shall run with the land and be binding on the successors and assigns of the undersigned in the property, and any homeowners association (or any successor thereof) responsible for maintenance of the levees. The benefits of this document shall inure to the benefit of any public successor(s) to County, District, and their respective boards, commissions, officers, agents, and employees. In addition, notwithstanding the conveyance by the undersigned of all or a portion of the above-described real property, the undersigned shall continue to be bound by the provisions of section F and F above, for a period of ten (10) years from the date of this document, where such claim, demand, expense, or liability arises out of, or is claimed or alleged to arise out of, defective design or construction of the levees. The undersigned executed this instrument on 3a 3 . Fallman Land Investment Company Inc., a California corporation By: Cr% (Print name and title) t t By: r (Print name and title) Indemnity Negotiated 2 ALL-PURPOSE ACKNOWLEDGEMENT State of California 0S - SS. County of �--C7'�`��-- ` On > 1 �efore me, �...� • �"C � ,. > fDATE) )NOTARY) personally appeared < SiONER(S) ❑personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person44 whose name{f� is/ate subscribed to the within instrument and U. .aAN7ELE5_ acknowledged to me that he/,91� executed S,,)rnm.#1296585 the same in his/heHtheir- authorized yr}TARr PUBLIC-CALIFORNIA I ':mtra Costs County capacity43, and that by his;�' �� My Comm Ezpi)ss tlarch9,2005"4 signatures(.-} on the instrument the person{, or the entity upon behalf of which the person44 acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SiGNATliRE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL Vf CORPORATE OFFICER ccks TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ATTORNEY-IN-FACT NUMBER OF PACES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR � OTHER: DATE OF DOCUMENT ❑ OTHER SIGNER IS REPRESENTING- RIGHT THUMBPRINT NAME OF PERSONS)OR ENTITYNES) OF E SIGNER 6 a a APA 5/99 VALLEY-SIERRA, 800-362-3369 Subdivision 8570 Levee Release & Indemnity EXHIBIT "A" All of the real property situated in the County of Contra Costa, State of California, described as follows: All of Lots l through 72; Parcels "A"throw"I"; and the streets designated as Fallman Boulevard, Lakefront South Loop, Cottage Grove Drive, Oroville Court, Carlyle Drive, Tahoe Court,Havasue Court, Alanor Drive, Almanor Court and.Hawthorne Court, as shown on final reap of Subdivision SD968570, on file at the County Recorder's Office as follows: Date: Boob: Page: