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Home My WebLink AboutRESOLUTIONS - 01012000 - 2000-095 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 7, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAUI.NIER, CANCIAMILIA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/95 SUBJECT: Acceptance of Instrument. IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Drainage Release Subdivision 7686 Talisman Realty Byron Group, Inc. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. BB:mw G:\GrpData\EngSvc\BO\2000\130 7686&8143.doc MARCH ] ATTESTED: , 2000 Originator: Public Works(ES) Contact:Rich Lierly(313-2348) PHIL BATCHELOR, Clerk of the Board of Supervisors cc: Recorder(via Title Co.)then PW Records and County Administrator Current Planning,Community Development By , Deputy RESOLUTION NO. : 2000/95 RECORDING REQUESTED BY Contra Costa County AND WHEN RECORDED MAIL TO Contra Costa County Public Works Department 255 Glacier Dr. Martinez, CA 94553 SPACE ABOVE THIS LINE FOR RECORDER'S USE Drainage Release Tµ THIS COVENANT made this 25 day of February 2000, by Talisman Realty Group, a California corporation, herein called "Owner" to the County of Contra Costa, herein called "County". WITNESSETH: WHEREAS, Owner proposes the development of parcels of land described in "Exhibit A", attached hereto, for which parcels a Tentative Map under Subdivision 7686 has been conditionally approved by the County Planning Commission and which parcel lies northerly of another property of Owner; and WHEREAS, Owner's other property is situate in Contra Costa County, California and is specifically described in "Exhibit B" attached hereto and made a part hereof; and WHEREAS, the contemplated improvement of said development as shown on said Tentative Map is such that the westerly frontage slopes downward toward the said other land of Owner in such a manner that drainage water flowing along the slope will, with other drainage water from lands west of and upstream of Bixler Road, spill upon said other land of Owner; THEREFORE, Owner, in order to comply with the conditions of approval for Subdivision 7686, under permit DP913025, does hereby promise as follows: 1. In the event that the Final Map is filed on said Subdivision 7686 and/or subsequent units within the area encompassed by said Tentative Map, as described in "Exhibit A", attached hereto and the westerly frontage of said development is constructed substantially as indicated above, then the drainage waters flowing from said westerly frontage of said development may flow, with other drainage waters from lands west of and upstream of Bixler Road, without restriction and spill upon said land of Owner. 2. Owner does hereby release and forever discharge County from any liability for damages County may now or hereafter have by reason of any future discharge of said waters upon the lands of Owner as described in "Exhibit B" attached hereto or the construction and maintenance of said drainage improvements. If by the acceptance of said drainage waters upon Owner's land, as provided herein, Owner or Owner's land (as described in "Exhibit B") suffer any damage now or in the future, Owner will have and make no claim therefore against County concerning said damages and the operation of the drainage improvements. 3. The rights given to County, 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 Owner connecting with the said development as shown on said Tentative Map and (2) said drainage facility so authorized shall have been actually constructed. THIS COVENANT shall be binding upon the heirs, successors and assigns of Owner and any public successor to County. TALISMAN REALTY GROUP by A.T. Shaw, President Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californniia� L County of W,*A, W `• ss. On "�S� , before me, -�1 I Z��l"t /-► S►GI�I 1�� Date Name 1 and Title of Officer(e.g.,"Jane D tary Public') r personally appeared A •T_ SI-0, Name(s)of Signers) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ELIZABETH A. STAGiNER i subscribed to the within instrument and a _ ___= COMM. 1166827 CD t' NOTAk�Pu�_IG CALIFORNIA 00o acknowledged to me that he/she/they executed / CONTRA COSTA COUNTY the same in his/her/their authorized Es•p�res Ja..23,20021 capacity(ies), and that by his/her/their signature(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. hh - ou r' Place Notary Seal Above / Signature of Notary V,c r � �S OPTIONAL r Though the information below is not required b law, it may 9 q y y prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Y Description of Attached Docit Title or Type of Document: Document Date: 2 .25-00 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here Corporate Officer—Title(s): �Y°L��1k.L"t�1 yy ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ti= - O 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 Subdivision 7686 Drainage Release APN's 011-220-023 through 027 EXHIBIT "A" All of that land described in the deed from Mary Pacheco to Hofmann Construction Co., recorded and on file at the County Recorder's Office as follows: Date: January 12, 1988 Book: 14119 Page: 325 Subdivision 7686 Drainage Release APN 011-220-015 EXHIBIT "B" All of that land described in the deed from Louis H. Roberts and Elizabeth M. Roberts to Hofmann Construction Co., recorded and on file at the County Recorder's Office as follows: Date: December 2, 1988 Series: 88-223805