HomeMy WebLinkAboutMINUTES - 01041994 - 1.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 4, 1994 by the following vote:
AYES: Supervisors Mvers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.,9 4/3
SUBJECT: Approval of the Parcel Map, Subdivision MS 175-90, Byron Area.
The following document was presented for Board approval this date:
The Parcel Map of Subdivision MS 175-90, property located in the Byron area, said
map having been certified by the proper officials;
Said document was accompanied by:
I. Letter from the County Tax Collector stating that there are no unpaid County
taxes heretofore levied on the property included in said map and that the
1993-94 tax lien has been paid in full.
II. An Aviation and Noise Easement Agreement between Alton Cowan and the
Krumland Trust "Grantor" and Contra costa County, a political subidivison;
dated 15th day of October 1993.
111. A Disclosure Statement as granted by Alton Cowan and the Krumland Trust.
NOW THEREFORE BE IT RESOLVED that said subdivision, together with the
provisions for its design and improvement, is DETERMINED to be consistent with the
County's general and specific plans;
BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board
does not accept or reject on behalf of the public any of the streets, paths or easements
shown thereon as dedicated to public use.
I hereby certify that this Is a true and correct copy V
an action taken and entered on the minutes of the
Board of Supervisors o the date shown.
ATTESTED: 1994
PHIL BATCHELOR,Cieri.of the Board
of Supervisors and Co u ty Administrator
By ,Deputy
Contact: Rich Lierly - 313-2348
Originator: Public Works (ES)
cc: Director of Community Dev.
A.R. Cowan
123 Shady Lane
Antioch, .CA 94509
RCL:cl
BO:4.t1
RESOLUTION NO. 94/-3
Recorded at the Request of:
Contra Costa County
WHEN RECORDED RETURN TO:
Public Works Department
Right of Way Division
255 Glacier Drive
Martinez, CA 94553
Attn:
AVIGATION AND NOISEEASEMENT
EAST CONTRA COSTA COUNTY AIRPORT
This indenture is made this day Of
99
between Alton Cowan and the Krumland Trust, Dated April 23,-L , +ereinafter called
Grantor" and Contra Costa County, a political subdivision of the State of
California, hereinafter called "Grantee".
Grantor, is the owner in fee of that certain parcel of land situated in the
dpVyXXW Unincorporated , County of Contra Costa, State of California,
identified herein as Parcel One and described as follows:
FOR DESCRIPTION, SEE EXHIBIT -A- ATTACHED
HERETO AND MADE A PART HEREOF.
Grantee is the owner/operator of the East Contra Costa County Airport
(hereinafter called "Airport"). Parcel One is in close
proximity to Airport. Grantor and Grantee wish to establish provisions no that
aircraft using the Airpoit shall have the right of flight and the right to cause
noise, light and other effects associated with the operation of aircraft in the
airspace over said parcel.
NOW, THEREFORE, Grantor, for its heirs, executors, administrators,
successors and assigns, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, hereby grants and conveys to
Grantee, its successors and assigns forever the following rights, title and
interest:
1. A perpetual and assignable public-use avigation/noise easement and
right-of-way for the free and unobstructed passage and flight of aircraft
of any and all kinds now known or hereafter invented, sold or designed for
navigation or flight in air of the class, size and category operationally
compatible with Airport as it exists now or as it may exist in the future.
Said easement shall be in, through, over and across the portion of airspace
of Parcel One described and depicted as follows:
FOR MAP AND DESCRIPTION OF AREAS PROTECTED BY
EASEMENT, INCLUDING DESCRIPTION OF IMAGINARY
SURFACES AND ELEVATIONS, SEE EXHIBIT -B" ATTACHED
HERETO AND MADE A PART HEREOF.
C-3
2. The rights herein granted shall include the right in such airspace to
allow, make and emit such noise, light, vibrations, fumes, exhaust, smoke,
air currents, dust, fuel particles, radio, television, and other
electromagnetic interferences, and all other effects as may be inherent to
the operation of aircraft for navigation or flight in the air.
3. Grantor hereby fully waives, remises and releases any right or cause of
action that it may now have or that it may have in the future against
Grantee, its successors, and assigns, and covenants not to sue due to such
noise, light, vibrations, fumes, exhaust, smoke, air currents, dust, fuel
particles, radio, television, and other electromagnetic interferences, and
all other effects that may be cause or may have been caused by the
operation of aircraft landing at, or taking off from, or operating at or on
Airport. Said release and covenant shall include, but not be limited to
claims, known or unknown, for damages for physical or emotional injuries,
discomfort, inconvenience, property damage, death, interference with use
and enjoyment of property, diminution of property values, nuisance, or
inverse condemnation or for injunctive or other extraordinary or equitable
relief.
4. It is further agreed that Grantee, as owner and operator of Airport, shall
have no duty to avoid or mitigate such damages by, without limitation,
setting aside or condemning buffer lands, rerouting air traffic, erecting
sound or other barriers, establishing curfews, noise or other regulations,
except to the extent, if any, that such actions are validly required by
governmental authority. Grantor reserves such use, rights and privileges
in said PARCEL ONE as may be exercised and enjoyed
without interference with or abridgment of the rights hereby granted.
S. For and on behalf of itself, its successors and assigns, Grantor covenants
with Grantee for the direct benefit of the real property constituting the
Airport that neith;r' Grantor nor its successors in interest or assigns
shall hereafter construct or permit the construction or growth of any
structure, tree or other object that penetrates an approach, transitional,
horizontal or conical surface as described and depicted in Exhibit B or
that constitutes an obstruction to air navigation under FAA Part 77, or
that obstructs or interferes with the use of the flight easements and
rights of way herein granted or that creates electrical interference with
radio communication between any installation upon said airport and
aircraft, or as to make it difficult for pilots to distinguish between
airport lights and other lights, or as to impair visibility in the vicinity
of the airport, or as otherwise to endanger the landing, take-off or
maneuvering of aircraft. For the purpose of ensuring compliance with the
foregoing covenants the rights herein granted shall include:
A. The continuing and perpetual right to cut and remove trees,
bushes, shrubs or any other perennial growth or undergrowth
extending into or which in the future could infringe upon
or extend into or above an approach, transitional,
horizontal or conical surface as described and depicted in
Exhibit B.
b. The right to raze, remove or destroy those portions of
buildings, other structures and land infringing upon or
exiting into an approach, transitional, horizontal or
conical surface as described and depicted in Exhibit B,
together with the right to prohibit the future erection of
buildings or structures which would infringe upon or extend
into said surfaces.
C. The right to mark and light as obstructions to air navigation
any and all building, structure, tree or other object now
upon, or that in the future may be upon Grantor's property
that may at any time project or extend above said surfaces.
d. The right of ingress to, egress from and passage over the
Grantor's property for the above purposes.
6. This grant of avigation/noise easement .shall not operate to deprive the
Grantor, his successors or assigns, of any rights that it may from time to
time have against any individual or private operator for negligent or
unlawful operation of aircraft.
7. All promises, covenants and reservations contained in this document are
made and entered into for the benefit of Grantee. These promises,
covenants, conditions and reservations shall run with PARCEL ONE
and bind Grantor's heirs, administrators, executors, successors and assigns
to the maximum extent now or hereinafter permitted by statute or case law
and are intended by the parties to comply with California Civil Code
anniens" as used in this paragraph includes
tate of California
Ounty of Contra Costa }
On October 15, 1993 before me, the undersigned, a Notary Public in and
for said State, personally appeared Alton Cowan and Roy E. Krumland and
Gayl Q. Krumland
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 within instrument
and acknowledged 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), or the entity upon behalf of which the person(s)
acted, executed the instrument.
�c�o�ocot��ocncazx�c�nt�a�a+��G�i
WITNESS my hand and official seal. JENNIFER QUIGUY
COMM, No. 989561
si.a• NOTARY PUBLIC•CALI1601diA
Signature ' CONTRA COSTA COUNf1' r,
JENNIFER QUIGLEY MY Commission Expires Feb.8,1997
'I Nameo�cx2a� wacx�o�ovcraca��.xtiabmt
(typed or printed) (Seal)
IN WITNESS WHEREOF, the Grantor has hereunder set his hand and seal the
date set forth herein above.
Attached Exhibits
A - Legal Description of Property
B - East Contra Costa County Airport Approach and Clear Zone Plan
EXHIBIT A
LEGAL DESCRIPTION
PARCEL ONE
ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL "B" AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP
FILED OCTOBER 30, 1985 IN BOOK 119 OF PARCEL .MAPS, PAGE 21 ,
CONTRA COSTA COUNTY RECORDS .
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WHEN RECORDED MAIL TO:
cexma (1044
P"J.1i'a wonks ige�initye4
eeoDrAs Sed6. 0-
DISCLOSURE STATEMENT
The undersigned, as owner of the property described as follows :
Parcels A, B and C, inclusive, as shown on Parcel Map
MS 175-90, filed in Parcel Map
Book Page Contra Costa County Records .
notifies all persons and/or entities acquiring an interest in
said property that the following conditions and/or restrictions
may exist on said property. Compliance with said restrictions
and/or conditions are the responsibility of all future owners ,
successors and heirs , hereinafter referred to as "owner" :
1 . Byron-Bethany Irrigation District (District) hereby notifies
all persons and entities acquiring interest in the property
subdivided on said map that agricultural water service may
or may not be made available to the lots being subdivided;
that water service by District is subject to proper
application being made, the rules and regulations of
District , and such conditions as may be established by the
board of directors of District from time to time; that all
service facilities , laterals , and access for service
approved by District, is at lot owner ' s sole cost and
expense.
2. This property is in the proximity to the East Contra Costa
County Airport , a public-use airport. The property is
subject to frequent aircraft overflight and associated noise
impacts .
3. New residences or other new habitable structures shall be
designed to comply with the Sound Transmission Control
Standards of the 1988 Uniform Building Code Appendix with
State of California 1989 Amendments . structural design shall
be based on the recommendation of an acoustic study of the
site by and acoustical engineer to assure that interior
noise levels from airport related activity do not exceed
. 45dBa on the CNEL scale.
4. The finished floor elevation for all habitable structures
located in Flood Zone A shall be constructed at least one
foot above the flood plain elevation.
5 . Prior to the issuance of building permits:
a. Building sites be revived and approved by the
County Zoning Administrator .
b. observe at least a 55 foot structural setback
from the southerly line of the said Map and
from the easterly property line of Parcel C.
C. A water well shall be installed on the subject parcel
complying with the general requirements of Health
Services Department.
6. The following conditions and restrictions of the Byron Fire
Protection District shall apply :
a. Fire Facility fees shall be paid prior to the
issuance of any building permit .
[ 10. 301 (c) UFC]
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b. Access roadways with all -weather driving surfaces
of not less than 20 feet of unobstructed width ,
and not less than 13' -6" of vertical clearance
shall be provided to within 150 feet of all
portions of the exterior walls of every building .
Access roads shall not exceed 20% grade, shall
have a minimum outside turning radius of 42 feet ,
and must be capable of supporting the imposed
loads of fire apparatus ( 20 tons) .
[ 10. 207 (a) UFC]
C. Dead-end fire department access roads in excess of
150 feet long shall be provided with approved
provisions for the turning around of fire
department apparatus .
[ 10 . 207 (a) UFC]
d. Access roads shall be installed and in service
prior to combustible construction.
[ 10. 301 (d) UFC]
e. Prior to issuance of building permits , the owner
shall apply to the Fire District for any permits
which may be necessary to comply with Fire Code
requirements .
[4. 101 UFC]
f . The owner shall obtain County assigned street
numbers/addresses for each parcel and post them in
such a manner as to be plainly visible and legible
from the street or road fronting the property .
[ 10 . 208 UFC]
g. All open spaces , when left in their natural state ,
I
shall meet the Fire District ' s weed abatement
standards .
[ 10 . 207 (m) & 88 . 104 UFC]
h. All structures shall be provided with an approved
automatic fire sprinkler system designed and
installed in accordance with the requirements and
guidelines of the Fire District .
[ 10 . 301 (e) & 10 . 301 (c) UFC]
This Disclosure Statement shall be attached to and run with the
deeds to each lot of the herein described real property .
BY: � ,r',,i ��L. DATE:
Alton Cowan
BY: ' DATE : /O 93
Roy E . Krumland, Trustee
Krumland Trust, Dated April 23, 1993
BY: A.,e �,- - D A T E
Gayl Q. Krum and, Trustee
Krumland Trust, Dated April 23, 1993
Tax Collector's OfficeContra Cou'ntyTTreasure''
Tax Collector
625 Court Street Costa Joseph L.Martinez
Finance Building,Room 100 Deputy Tax Collector
P.O.Box 631 County Martinez,California 94553-1280 �/ Nancy L.Webster
(510)646-4126 Department Account Clerk Manage
..t
•,•f -_ .• M.Ruby Lagrimas
Supervising Clerk
o
October 19, 1993
T'9•COUH'�
IF THIS TRAGI IS NOT FILED BY FEBRUARY 28, 19 94 , THIS i.FTT'FR IS VOID.
This will certify that I have examined the map of the proposed subdivision
entitled:
MS 175-90 BYRON 60008
and have determined from the official tax records that there are no unpaid
.County taxes heretofore levied on the property included in the map.
The current 1993-94 tax lien has been paid in full.
ALFRED P. LOMEL.I
TREASURER-TAX COLLECTOR
By
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