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Home My WebLink AboutMINUTES - 01111994 - 1.15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 11, 1994 by the following vote: AYES: Supervisors Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: Supervisor Smith ABSTAIN: None SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Drainage Release MS 13-90 Shawn & Heidi Lober Alamo BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund the$9150 cash (Auditor's Deposit Permit No. 212297, dated August 21, 1992) plus interest in accordance with Government Code Section 53079, if appropriate, to Shawn Lober Construction pursuant to the requirements of the Ordinance Code. I hereby certify that this is a true and correct copy -:0 an action taken and entered on the minutes of the Board of Supervisors on the date shown. JAN ATTESTED: s1s1 1 1944 •a PHIL BATCHELOR,Clerk of the Board of Supervisors and co ty Administrator By ,a9eputy Contact: Rich Lierly - 313-2348 Originator: Public Works (ES) cc: Recorder (via clerk) then PW Records Director of Community Development Shawn Lober Construction 185 Wilson Road Alamo, CA 94507 RL:mg BO11.t1 94 312038 �+ Recorded at the request o� JAN 141994 Contra Costa County Return to: AT 1U O'CLOCK M. a Contra corks County CONTRA COSTA COUNTY RECORDS Public works Department Records Section STERNEN L. WEIRCOUNTY RECORDER FEE $ DRAINAGE RELEASE THIS AGREEMENT made this/L:�ay of o 1913 between SHAWN AND HEIDI LOBER herein called"Owners"and the County of Contra Costa,herein called CounW_ WITNESSETH: WHEREAS, Shawn and Heidi Lober, proposes the development of a parcel of land described in "Exhibit A" attached hereto, Parcel "A" of Parcel Map for Minor Subdivision MS 13-90 which has been recorded on September 18, 1992 in Book 159;page 38 lies easterly of and adjoining the easterly boundary of the property of the Owners, Parcel "B" of MS 13-90; and WHEREAS, Owners property is situate in Contra Costa County, California, and is specifically described in "Exhibit B" and shown on Plat Map "Exhibit Cl attached hereto and made a part hereof: and WHEREAS,the contemplated improvement of said development is such that the westerly 178 feet, more or less, slopes downward toward the said land of Owners Parcel "B" of MS 13-90, in such a manner that drainage runoff from said slope will spill upon said land of Owners; THEREFORE, Owners for value received hereby agree with the County of Contra Costa follows: 1. The Parcel Map has been filed on said Minor Subdivision MS 13-90 and/or subsequent units within the area encompassed by said Parcel Map, as described in "Exhibit X attached hereto, and the westerly side of said development is constructed substantially as indicated above, then the drainage waters flowing from said westerly side of said development may flow without restriction and spill upon said land of Owners where said improvements abutt upon said land. 2. Owners hereby release and forever discharge the County of Contra Costa from any liability 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 "Exhibits B" and "C" 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 "Exhibits B" and "C") 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 the drainage improvements. 3. This drainage release is limited to the waters from natural rainfall which naturally drain from adjacent westerly property upon, fall upon or accumulate upon the said westerly 178 feet of said development where it abuts upon the easterly boundary line of Owner's said I 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 westerly boundary of said development as shown on said Parcel Map, and (2) said drainage facility so authorized shall have been actually constructed. THIS AGREEMENT shall be binding upon the heirs, successors, and assigns of Owners and any public successor to the County of Contra Costa. r awn Lob owner pini i nt^wr ncvns+r x State of California ) County of CONTRA. COSTA. ) On November 15, 1993 before me, THE UNDERSIGNED personally appeared SHAWN LOBER and HEIDI LOBER �}�y � tbxtiKproved to me on the basis of satisfactory evidence) to be the person(s) whose name(sem/are subscribed to the within instrument and acknowledged to me thatyn*W/they executed the same inWM74heir authoriz- ed capacity(ies), and that by tJ19'/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) acted, executed the instrument. asaavala --------0 OFFICIAL SEAL 0, WITNESS my hand and official seal 0 '- ' LARK R.FARRER ; NOTARY PUBLIC-CALIFORNIA 0. Principal Office in Contra Costa County 10 Signat My Commission Expires June 20,1995 « ............ FORM#1,069A "EXHIBIT A" Real property in the County of Contra Costa, unincorporated, State of California, described as follows: Parcel "A" of Subdivision MS 13-90, as recorded September 18, 1992, in Book 159, Page 38 of Parcel Maps, Contra Costa County Records. t "EXHIBIT B" Real property in the County of Contra Costa, unincorporated, State of California, described as follows: Parcel "B" of Subdivision MS 13-90, as recorded September 18, 1992, in Book 159 of Parcel Maps, at Page 38, Contra Costa County Records, and as shown on Plat Map, "Exhibit C," attached. CITY OF ALNTNoMASo� CAEEK MS71-i O(L 33 t 1186 O R q 65 N Sol°43 t8 Vl 100,00' OE �F � ARGE L- P W M s 1,6 _90 N 1 PARCEL 'B' o N MS 13-90 0 Q z Z O �0 -9 0 4 to N ali2a 145 OC N9 A E( Cock 14970 Or,,- 047 Da<<: DeBolt Civil k,,,-4.9 3 EXHIBIT 'C' Engineering D 811 San Ramon Valley Dots vwd NY:I 3o' Danvilk,California 94526 $ S PLAT MAP 510/837-3780 bb No.: 0