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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-575 . 11 Recorded at the request of. Contraty Public Corkssts Department CONTRA COSTA Co Recorder's Office Public Works Department Return to: STEPHEN L. WEIR, County Recorder Public Works Department Engineering Services DOC _ 98-02713028-00 Friday, NOV Ob, 1998 8— FRE $0.0011, Ttl Pd $0.00 Nbr-0000327253 Ire /R9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on November 3, 1995,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/575 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRIiENT REFFRFNCE ORMURAMA Grant of Emergency NIS 203-90 Elmer&Katherine Diablo and Maintenance Batts vehicle access easement for public storm drain maintenance 1 hereby certify that this is a true and correct RL:mw copy of an action taken and entered on the G:\GrpDat&\EngSvt\B©1BO11.3-98.doc minutes of the Board of Supervisors on the date shown. OriOriginator: Public Works(ES) � -t 3 Cometntact:Rich I.ierly(313-2348) ATTESTED. „, , cc. Public Works -S.Matsumoto,Maintenance PHIL BATCHELO E, Clerk of the Board Recorder(via Clerk)then PW Records of Supervisors and County Administrator Current Planning,Community Development Mr.&Batts(with recorded document) 8y / Deputy / P.O.Box 611,Diablo,CA 94528 Mr.Mark L.Armstrong P.O.Box 218,Danville,CA 94526.0218 Recorded at the request of. Contra Costa County Public Works Department Engineering Services Division When Recorded Return to: Contra Costa County Public Works Department Records Section Area: Diablo Road: Caballo Ranchero Drive Co.Load No.: 4935 Development No.. MS 203-90 APN: 195-340-067, 068 and 069 (Space above reserved for Recorders use only) GRANT OF MERUN.0 AND MM MNANCE -VII. LE ACCESS EASEMENT FOR PUBLIC STORM DRAIN MAMENANCE ELMER E. BATTS and KATHERINE S. BATTS ("Grantor") are the present title owners of record of the real property described in Exhibit"A" (written description) and shown on Exhibit "B" (Parcel Map for Parcels A, B and C, MS 203-90, 164 PM 25) attached hereto. CONTRA COSTA COUNTY("Grantee")owns a storm drain facility on Parcel C in MS 203-90 at the end of the private road on the real property that serves Parcels A,B and C. The private road is located off the end of Caballo Ranchero Drive. CONTRA COSTA COUNTY does not have legal access to that storm drain facility in order to physically reach it with maintenance vehicles. Grantor and Grantee desire that such access be provided by way of the private road on MS 203-90. Grantor,for good and valuable consideration(i.e.,providing the opportunity for maintenance of the public storm drain facility at the bottom of their real property),the receipt and sufficiency of which are hereby acknowledged,hereby grants to Grantee and its successors and assigns,including the Contra Costa County Flood Control District, a perpetual, exclusive easement to enter upon and traverse the northeasterly thirty(30)feet of Grantor's real property, as described in Exhibit"A," for the express, limited purpose of emergency and maintenance vehicle and personnel access to Grantor`s public storm drain facility. Grantor and Grantor's heirs,successors and assigns shall not place or permit to be placed on the access portion of the real property any building or structure which may interfere with such emergency and maintenance vehicle and personnel access. If a gate or similar control feature is installed by Grantor,then Grantee shall be provided a ley or code. Grantor shall be responsible to maintain the access in an all-weather condition. It is understood and agreed that Grantee and its successors and assigns shall incur no liability in accepting this easement and shall not assume any responsibility to maintain the access. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns and personal representatives of Grantor and Grantee. IN WITNESS WHEREOF,ELMER E. BATTS and KATHERINE S. BATTS execute this Grant of Emergency and Maintenance Vehicle Access Easement for Public Storm Drain Maintenance this 4 day of d ,, 1998. Grantee may record this document upon acceptance of this Grant of Emergency and Maintenance Vehicle Access Easement for Public Storm Drain Maintenance by the Contra Costa County Board of Supervisors. GATORS: ELMER E. BATTS k KATHE RINE&BATTS ..2_ State of California } ss County of Contra Costa ) On before me,� ! g� /L� ,a Notary Public, State of California, duly commissioned and sworn, personally appeared EU ER E. BA'TTS and KATHERINE S. BATTS pmenidlyKnOWWW me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed this instrument. WITNESS my hand and official seal. CHERYL L. KENT „ �y Comm.#1132110 � V NOTARY PUBLIC CALIFORNIA1 CONTRA COSTA COUNTY C3 Notary Publl tate of alifornia Comm,Exp.April 3,2CCf •+ F.\CLMLA\30732\CCPW-csmt -3- Ingress and Egress Easement for Maintenance of Storm Drain Facility EXHIBIT "A" Being a portion of Subdivision MS 203.90 filed April 27, 1994 in Book 164 of Parcel Maps at page 24 Contra Costa County, California, described as follows: Being all of the 30 feet in width "Private access and utility easement"or"P.A. & U.E." over Parcels A, B and C of said parcel map, the northeasterly line of said strip is the northeasterly line of said Parcels A, B and C (164 PM 24). 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 Contra Costa County Public Works Exp. 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