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Home My WebLink AboutMINUTES - 10151996 - C4 ctq Recorded at the request of: Contra Costa County RetuPublic tWorks Department RECORDED AT REQUEST OF Records section CONTRA COSTA COUNTY OCT 211996 96 199486 AT � J*l,i.lj M CONTRASTA COUN L. TY RECORDS COUNTY RECORDER FEE: OFF'L THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 15, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 96/464 SUBJECT: Authorizing Acceptance of Instruments. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Drainage Release SUB 7320 Tosco Corporation Concord so soon iman aw orft ie°on n00��tl; soana or SWWMon on tn. October 11�0, 6 RL:KF:mw PHIL l3ATgiELpq,Cluk of g:lengsvc\bo\bol5.tl0 al iuparvb=and Coungr Originator: Public Works(ES) Contact: Rich Lierly(313-2348) �b cc: Recorder(via Clerk)then PW Records Director of Community Development DRAINAGE RELEASE THIS AGREEMENT made this I I th day of A Qfi i 1994,between TOSCO CORPORATION,herein called"Owners and the COUNTY OF CONTRA COSTA,herein called "County" WITNESSETH: WHEREAS, Gonsalves & Santucci,a partnership,proposes a Tentative Subdivision Map 7320, which has been approved by the County of Contra Costa, and which lies southerly of the adjoining southerly boundary of the property of Owners; WHEREAS, Owner's property is located in the County of Contra Costa, State of California,and which is specifically shown on Plat Map Exhibit A,attached hereto and made a part hereof,and described in Exhibit B, attached and made a part hereof,and WHEREAS,the Owners of Subdivision 7320 which is specifically shownon Plat Map Exhibit A attached hereto and made a part hereof and described in Exhibit C, attached and made a part hereof,have agreed with the County of Contra Costa to install the drainage improvements as shown on the approved plans entitled"Subdivision 5882, Offsite Drainage"on file in the Contra Costa County Public Works Department,hereinafter referred to as "Plans". THEREFORE, Owners, in accordance with the terms and conditions of Exchange Agreement with Gonsalves & Santucci,hereby agree with the County of Contra Costa as follows: 1. The drainage improvements as shown on said Plans were constructed according to the plans and specifications. 2. On the adequate completion of the construction, 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 waters relating to said drainage improvements, or the construction and maintenance of said drainage improvements as said drainage improvements are shown on said plans. Tosco hereby accepts the drainage waters as shown on said Plans and in the event Owners suffer any damages,now or in the future, Owners agree that they will have and make no claim 1 therefore against the County and they will not maintain any action at law or 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 the natural rainfall which naturally drain from adjacent southerly property upon, fall upon,or accumulate upon said Subdivision 5882 where it abuts upon the southerly boundary line of Owners'land. 4. The rights given to the County of Contra Costa under Paragraph 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 authorize the construction of an acceptable drainage facility upon the land of Owners connecting with the southeasterly boundary of said development as shown on said Map of Subdivision 5882,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. TOSCO CORPORATION TO ,O CORPORATION By Ate, By CRAIG DEASY JAMES CLEARY Tssistant Treasurer -,Vice President STATE OF CALIFORNIA ) 1 SS. COUNTY OF CONTRA COSTA 1 On April 11 , 1994 before me, KAREN K. BURROR wry Public, personally appeared JAMES M. CLEARY personally known to me(or Proved to me on the basis of satisfactory evidence)to be the person(s)whose mme(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they execrated the same in his/her/their authorized capacity(ies),and that by his/her/their signatures)on the instrument,the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. 1WN L WRROR LeC OOMM.#072624 Co"Pub8o-oaaknja Signature f: f i AL C w(N COWA COUNTY �► 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA �I�OPTIONAL SECTION j CAPACITY CLAIMED BY SIGNER 1 County of CONTRA COSTA Though statute does not require the Notary to fill in the r� invaluable doing so prove inva uable opersons relyingon he document. � r On 1/25/950 before me,KAREN K. BURROR. Notary Public INDIVIDUAL fi DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC- J ❑CORPORATE OFFICER(S) j r personally appeared CRAIG DEASY r NAME(S)OF SIGNER(S) TITLE(S) fi PARTNER(S) LIMITED ®personally known to me-OR-[I proved to me on the basis of satisfactory evidence ❑ ❑ to be the person(s) whose name(s) is/are ❑ GENERAL j, subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) KAREN L R the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR COMM.0"24 capacity(ies), and that by his/her/their ❑OTHER: Notary Publle-OZWOMIA 0 signature(s) on the instrument the person(s), CONTRA COSTA COUNTY or the entity upon behalf of which the kV Com Eq.Sept 2,14N person(s) acted, executed the instrument. SIGNER IS REPRESENTING: + WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) i L C�A SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, SIGNEROTHER THAN NAMED ABOVE it could prevent fraudulent reattachment of this form. (S) 01992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-71 E oIEXHIBIT A =v - s G To S Go tower k In A P N 1979-040-48 N ?o009'A9"W +cam 7.72' o G 13"� 1a�0•a`' to ao 05 a � o Sv IS 0 r v1 S1ow 5882/7324 GOMBALVES SANTUCCI, IkIC. o M � G � (ai I ; � 890�Z,2V' 0w� 904.9 9 N 4 LOT 'C', !03 L.S. M. 4(p Q fJ 9 5B 39 W, 110.00 , 11.E. COR. LOT.C'J 4Q K140 04'S4"W, 145.00' QQ R= 112.00', A= 1"I°58'47", L= 35.15' (9) I,184.58'01"W, 14(0.81 ' SCALE 1"=400 "EXHIBIT B" Real property in the County of Contra Costa, unincorporated, State of California, described as follows : Beginning on the easterly line of the 100 foot in width parcel described in the deed to East Bay Municipal Utility District, a public corporation, recorded September 13, 1926, in Book 53 of Official Records , page 131 , Contra C;,sta County Records, distant thereon North 10° 34' 16" East , 536.84 feet from the northwesterly corner of Lot "C" as shown on the Record of Survey filed December 28, 1977 in Book 63 of Licensed Surveyors Maps , page 46; thence from said point of beginning, North 10° 34' 16" East, 2723.79 feet more or less to a point on the southwesterly line of the United States of America parcel, recorded January 12, 1951 , described as Parcel 1 in Book 1700 of Official Records at page 7; thence along said southwesterly line South 20° 04' 54i1 East, 2584. 56 feet more or less ; thence along the southwesterly line of the United States of America parcel described as Parcel 2 in the instrument providing preliminary judgement as to the California Water Service Company, recorded December 15, 1953, in Book 2240 of Official Records, page 20; thence South 20° 09 '49" East, 7.72 feet, along the last mentioned southwesterly line; thence leaving said lire, South 80005 ' 13" West, 1410.85 feet to the point of beginning. "EXHIBIT C" Real property in the County of Contra Costa, unincorporated, State of California, described as follows : Beginning on the northerly line of Lot "C" , as shown on the Record of Survey filed December 289 1977 in Book 63 of Licensed Surveyors Maps , page 46, Contra Costa County Records, distant thereon North 840 58' 01 " West, 146.81 feet from the northeasterly corker thereof thence from said F;jint cf beginning and along said northerly line of said Lot "C" as follows: North 84° 58' 01 " West, 904.99 feet and South 80° 32' 23" West, 793 .67 feet to a point on the easterly line of the 100 foot in width parcel described in the deed to East Bay Municipal Utility District, a public corporation, recorded September 13, 1926 in Book 53 of Official Records , page 131 ; thence along said easterly line, North 10° 34' 16" East, 536.84 feet; thence leaving said easterly line north 80° 05 ' 13" East, 1410.85 feet to a point on the southwesterly line of the United States of America parcel described as Parcel 2 in the instrument providing preliminary judgement as to the California Water Service Company, recorded December 15, 1953, in Book 2240 of Official Records, page 20; thence along said southwesterly line, South 20° 09'49" East, 460.73 feet to a point on the exterior line of the parcel described in 'che "Declaration of Taking", United States of America, Plaintiff vs Forni IRC 453 Trust et al, recorded December 27, 1982 in Book 11060, Official Records, page 881 ; thence along said exterior line as follows: South 90 58' 39" East, 110.00 feet, South 40 04' S4" East, 145.00 feet and along a tangent curve to the left, having a radius of 112.00 feet, an are distance of 35. 15 feet to the point of beginning.