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Home My WebLink AboutMINUTES - 11142006 - C.29 SE ` TO: BOARD OF SUPERVISORS, AS GOVERNING Contra� __,�- `F ��' BOARD OF THE CONTRA COSTA FLOOD CONTROL & WATER ; t CONSERVATION DISTRICT "� ;•oa G�vti4 FROM: MAURICE M. SHIU, CHIEF ENGINEER County CO DATE: November 14, 2006 SUBJECT: Drainage release from Deer Ridge Golf, LP, for Contra Costa County Flood Control and Water Conservation .District Parcel#1829 at Drainage Area 106 Dry Creels Basin, Brentwood area. (No Fiscal Impact) (District III) (SUNCAL) [SCH: #910113066] SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: A. APPROVE and AUTHORIZE the acceptance of the Drainage Release from Deer Ridge Golf, LP, a California limited partnership, effective November 14, 2006 for Contra Costa County Flood Control and Water Conservation District(District)Parcel#1829,Drainage Area(DA) 106 Dry Creek Basil,Brentwood area. B. AUTHORIZE Chief Engineer to execute said drainage release on7lalf of the District. CONTINUED ON ATTACHMENT: 0 SIGNATU j RECOMMENDATION OF COUNTY ADMINISTRATOR RE OM DATION OF BOARD COM 91TTEE APPRO OTHER SIGNATURE(S): A?g--GiC/ ACTION OF BOARll )N mow )be,7 OVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS 1S A TRUEAND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON V UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Csp:LD G:\RealPrcp\2006-Files\BOs&Res 06\DA 106 Drainage Release Agree BO-- ATTESTED revised per Co C:OlnlSel.doc JOHN CULLEN,CLERK OF THE BOARD•OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: C.Pina-Sandoval(3-2012) County Administrator Public Works,FC—C.Standafer County Counsel BY: DEPUTY Public Works Accounting Recorder(RIP) Engineering Services(T.Torres via R/P) Brian Bornstein City of Brentwood 708 third Street Brentwood,CA 94513 Roberto G.Brutocao,CEO Deer Ridge Golf,LP 6 Venture Suite 100 Irvine,CA 92618-7347 SUBJECT: Drainage release from Deer Ridge Golf, LP, for Contra Costa County Flood Control and_ Water Conservation District Parcel #1829 at Drainage Area 106 Dry Creek Basin, Brentwood area. (No Fiscal Impact) (District III) DATE: November 14, 2006 PAGE: 2 of 2 FISCAL IMPACT: No Fiscal Impact. . REASONS FOR RECOMMENDATIONS AND BACKGROUND: The drainage release is required for the proposed drainage improvements for the Fairways at Deer Creek Golf Course within Subdivision 8310,adjacent to District Parcel#1829. The owner of the golf course property adjacent to the District's Parcel#1829 proposes to grade the District's parcel as part of the development of the golf course property. District staff has reviewed the development plans and agrees that the proposed grading of District property is reasonable. The District has conditioned the peirmt for the proposed grading to require that the owner/developer provide the District with a release of liability for any damage to the owner's property resulting in drainage,flooding, or storm waters flowing from the District's property or any grading work performed by the owner. CONSEQUENCES OF NEGATIVE ACTION: The District's Parcel #1829 will not have sufficient release for the proposed drainage improvements, and the developer would have to redesign the improvements. Recorded at the request of: Return to: Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Carmen Pina-Sandoval DRAINAGE RELEASE Title of Document This page is added to provide adequate space for recording information Government Code 27361.8 Additional Recording Fee Applies GARealProp\FORMS\Drainage Release Cover sheet.doc DRAINAGE RELEASE THIS AGREEMENT made this day of 2006 between Deer Ridge Golf, LP, a California limited partnership (herein called "OWNER"), and the Contra Costa County Flood Control and Water Conservation District, a California special district (herein called "DISTRICT"). WITNESSETH: WHEREAS, DISTRICT owns certain real property located in the City of Brentwood, having acquired the real property in 1964 (see Book 4692 of Official Records, Page 455, recorded August 28, 1964). WHEREAS, in developing the Deer Ridge Golf Course, located within Subdivision 8310 in the City of Brentwood, OWNER has performed or will perform certain grading work on the above-described real property owned by DISTRICT and on an adjacent 22,192-square-foot parcel formerly owned by OWNER and conveyed by OWNER to DISTRICT, which property and parcel are described in Exhibit "A" and shown in Exhibit "C" attached to this document. WHEREAS, as a result of the grading work performed or to be performed by OWNER, the 22,192-square-foot parcel slopes downward toward certain real property still owned by OWNER (Lot 39), and the drainage and storm waters flowing from the 22,192- square-foot parcel spills or drains upon OWNER'S real property (Lot 39), which is described in Exhibit"B" and shown in Exhibit"C"attached to this document. WHEREAS, OWNER previously offered to convey the 22,192-square-foot parcel in fee to DISTRICT and DISTRICT accepted the conveyance on the condition that OWNER record a drainage release protecting DISTRICT from any potential liability from the grading performed by OWNER or the drainage from the 22,192-square-foot parcel. THEREFORE, OWNER agrees with DISTRICT as follows: 1. Any and all drainage, flooding, or storm waters flowing from the 22,192-square- foot parcel, as described in Exhibit "A" and shown in Exhibit "C" attached to this document, or flowing from any grading work performed by OWNER, may flow without restriction or liability and spill upon Lot 39 owned by OWNER, as described in Exhibit "B" and shown in Exhibit "C" attached to this document. 2. OWNER, on behalf of itself, and each of its members, officers, agents, employees, representatives, subsidiaries, affiliates, successors, and assigns, hereby release and forever discharge DISTRICT, its boards, officers, agents, and employees (collectively "BENEFICIARIES") from any and all claims, costs, and liability for any damages or injury to property, including but not limited to any action in tort, inverse condemnation, nuisance, or trespass, the BENEFICIARIES may now or hereafter have by reason of any drainage, flooding, or storm waters flowing from the 22,192-square-foot parcel or flowing from any grading work performed by OWNER and spilling upon the lands of OWNER (Lot 39), as described in Exhibit "B" and shown in Exhibit "C" attached to this document. If by the acceptance of drainage, flooding, or storm waters upon its lands, OWNER suffers any damage now or in the future, OWNER agrees that OWNER will have and make no claims therefore against the BENEFICIARIES and that OWNER will not maintain any action at law or in equity against the BENEFICIARIES concerning any damage or injury to OWNER'S real property, by reason thereof. 3. OWNER expressly waives the provision and benefits of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 4. This release shall constitute a covenant running with OWNER'S real property and shall be binding upon and inure to the benefit of OWNER'S successors and assigns, as well as any public successor to DISTRICT. BY AFFIXING HIS/HER SIGNATURE BELOW, EACH OF THE PERSONS SIGNING THIS DOCUMENT REPRESENTS THAT HE/SHE HAS READ AND UNDERSTANDS THIS DOCUMENT, THAT HE/SHE IS AUTHORIZED TO SIGN THIS DOCUMENT, AND THAT THE PARTY ON BEHALF OF WHOM HE/SHE SIGNS THIS DOCUMENT AGREES TO BE BOUND BY ITS TERMS. Effective as of the date first above written. DEER RIDGE GOLF, LP (OWNER) CONTRA COSTA COUNTY FLOOD By: Deer Ridge Golf, Inc., CONTROL AND WATER General Partner CONSERVATION DISTRICT (DISTR T) By: By: Roberto G. Brutocao, CEO hief Engineer Date: Date: 111aV, FORM APPROVED: SILVANO B. MARCHESI, COUNTY COUNSEL By: David F. chmidt Deputy County Counsel ALA,-PURPOSE ACKNOWLEDGEMENT State of California SS. County of ®QAoJL*ys On 4UkAr 17, 710b before me, 4, j �j , (DATE) QQ� (NOTARY) personally appeared K�� jU -0 SIGNER(S) 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 J0W C'JOHNSTMJ the same in his/her/their authorized Commisaion1443740 NoWry Pub6c-CaMOM10 capacity(ies), and that by his/her/their MV comm. C h"JW 2, A signatures(s) 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. t� NOTARY' IGNATURE 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 CORPORATE OFFICER Ce TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) 3 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) � - d�D ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR��EN„„TITY(IES) OF I SIGNER L t'i �L� 11�1C'e oCL APA 5/99 VALLEY-SIERRA, 800-362-3369 Dry Creek Basin, DA-106 ` A.P.N. 007-100-109 Parcel 4 1829 EXHIBIT `A' Real property situated in the City of Brentwood, Contra Costa County, California being a portion of that parcel of land granted to the Contra Costa County Flood Control and Water Conservation District (CCCFC &WCD) recorded August 28, 1964 in Book 4692 of Official Records at page 455 and a portion of Lot 39 of Subdivision 8310 "Deer Ridge Village Lots" filed December 29,'2000 in Book 427 of Maps at page 29 described as follows: Beginning at the most northerly corner of said CCCFC &WCD parcel; thence from said Point of Beginning south 270 56' 38" west 69.92 feet; thence south 600 27' 19" west 126.50 feet; thence south 310 32' 41" east 20.00 feet; thence south 580 27' 19" west 60.50 feet; thence south 490 57' 19" west 77.00 feet; thence north 841 32' 41"west 132.00 feet to a point on the northwesterly line of said CCCFC & WCD parcel (4692 or 455); thence along said line north 600 27' 19" east 253.39 feet; thence leaving said line north 360 24' 17" east 36.91 feet; thence north 21° 25' 31" east 118.91 feet; thence south 770 59' 41" east 36.23 feet; thence south 150 25' 11" east 67.95 feet to the Point of Beginning. Containing an area of 22, 192 square feet of land more or less. Exhibit 'C' attached and by this reference made a part hereof. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor �' Cxp.12-31-06 � Date: RZ;;W G:\GrpData\Design\SURVEYS\Legals\Exhibits2005\dry creek basin-2.doc FC \ March 1,2005 EXIIIBIT 'B' Real property in the City of Brentwood, Contra Costa County, California described as follows: Lot 39 as shown on the final map for Subdivision 8310"Deer Ridge Village Lots" filed December 29,2000 in Book 427 of Maps at page 29, This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor Q zW Exp.12-31-06 Date: No.5999 FQ RZ;jW 0:IOrpDalall)csigri\SURVEYSNLrgals\r-xiiii)its2005NL)ry Crcck Basin Exhibit Cdoc �XNI � IT " G " N110 y9 „w SUB.r83 0427 M9ION 0T 39 36.2 �s LOT 40 SUB. 8310 D 427 M 29 M POB CD CD1— M LOT 17 SUB. 8483 ' 36'0 (449M17) C. / e7 M W , // ��ZO > t 1 m �' _ 1z � J LOT 16 SUB. 8483 (449M17) N �L✓ LOT 18 SUB. 8483 (449M17) I N31°32'41"W 1` 20.00 ti � MYRTLE / BEACH =o° �Zo DR. C OCOFC&wco / 4692 OR 455 / -Cb 4F\^�h LOT 19 SUB. 8483 / (449M17) 22,192 SF / i i '00C SCALE V=50' LOT 41 SUB.8310 427 M 29 Contra Costa County FlooJ Control & Water Conservation District Instrument: Scale: V-50' Date: MARCH 05 Drawn By: AR File No.: EB-335 Series No.* Recorded: Checked By: RZ Cad File:RW EF99000640 KAsurveys\Right of Woy\B Drowin9s\WL083A\RW EF990006408.dgn