HomeMy WebLinkAboutMINUTES - 10041994 - 1.8 f
THE BOARD OF SUPERVISORS OF CONTRA COSTA'COUNTY, CALIFORNIA
Adopted this Order on October 4, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Authorizing Acceptance of Instrument.
IT IS-BY THE BOARD ORDERED that the following instrument is hereby
ACCEPTED FOR RECORDING ONLY:
TNSTRITMENT REFERENCF. GRANTOR AREA
Release & Subdivision 7522 Robert J. Nichols Walnut Creek
Indemnification Cynthia L. Nichols
Road Maintenance Subdivision 7522 Robert J. Nichols Walnut Creek
Agreement Cynthia L. Nichols
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Boardof Su rs n•tfi . shown.
ATTESTED: T �`i
PHIL BATCHELOR, Cierk of the Board
of Supervisors and County Administrator
By-� Deputy
Contact: Steve Wright - 313-2348
Originator: Public Works___(FS)=T-11 e Co.
cc: Recorder (via Cierlr) then PW Records
Director of Community Development
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,. SEP.-21-1994 11:42AM FROM 1233 ALPINE RD WC CA TO 83ee936 P.03
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REi.EAST AND INDD4NMCATION
Robert J. Nichols and Cynthia L. Nichols, husband and wife as joint tenants, declare .the
following:
a. We are the owners the of land encompassed in Subdivision 7522 located in the
Walnut Ci o k area of Contra Costa County, California, as described on the &W map for
Subdivision 7522, recorded , in Book— of Official Records at page (the
b. we have obtained approval for subdivision of=property.
C. In Conffidwation of, and as a condition to, the gtatlting of the subdivision referred
town a ATaragraph (b) above, we, and each of us, agree to construct a storm drainage detention
facility on our property and to adequately maintain osis detention facility.
d. In further consdde ation of the granting of said subdivision, we, and each of us,
hereby release the County of Contra Costa, and the Contra Costa County Blood Control and Water
Cm mvwm I]=ict, respective offiem, spans and eMgoyees from any claim, cost, or liability
arisin out of or in connection with any damage resulting from or associated with this detention
qty.
e. In further cosssidetation of the gusting of said subdivision, wve, and each of us,
hereby agree to defend, indemnify, and hold said County, and the Contra Costa County Flood
Control District and Water Conservation District, respective officers, agents, and employees
hatmlosa&osn any claims, costs, demands, exponm or liability, including without limitation all
consequential damages, arising out of or in connection with any damage rmating from or
associated with this detention f tclity.
f. 'ids Agreement is an instrument affecting the dt]e or pooh of the real property
desaibed above, and shall be binding on and inure to the benefit of all our heirs, successors, and
assigns.
pxemted this day 22ndof September, 1994
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Cyn 'a L. Nichols
SEP--i-21-1994 11:43AM FROM 1233 ALPINE RD WC CA TO 8388936 P.01
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PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: October 5, 1994
TO: Barbara Sidari, Office of the Clerk of the Board
FROM: Steven J. Wright, Associate Civil Engineer, Engineering Service
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SUBJECT: Subdivision 7522, Recordation of the Final Map
In accordance with our conversation today, I am transmitting the following additional
information which you need for Subdivision 7522 under Agenda Item 1.8 which was
approved by the Board of Supervisors on October 4, 1994:
1. Original of the Release and Indemnification Agreement executed on September 22,
1994.
2. Excerpt from the Covenants Conditions and Restrictions (CC & R's) proposed to be
recorded after filing with the Department of Real Estate. We had inadvertently
placed consideration of a Road Maintenance Agreement under this Agenda Item,
when the developer was actually fulfilling the Condition of Approval by including a a
provision under the CC & R's.
I discussed this with Mitch Avalon. Mitch stated that we usually do not go before the
Board of Supervisors with roa&maintenance agreements. Fulfilling this requirement
under the CC & R's will adequately clarify fulfillment of the Condition of Approval
1 LK.
We recommend that you place a copy of this memo in your file to substantiate why
the Road Maintenance Agreement will not be filed, and why the requirement will be
satisfied with filing of the Covenants Conditions and Restrictions. Mitch Avalon
recommends this action.
Please let me know if there are any other problems which you will need assistance in
resolving.
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Q7522AAL.t10
Attachments
CC: R. Lierly