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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-226 .i Recorded 8t the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 16, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.20'02/2 2 6 SUBJECT: Acceptance of Instrument(Release and Indemnification),for Subdivision 8023,being developed by Hofmann Land Development Company,Byron area. (District M). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Release and SUB 8023 Hoffmann Land Byron III Indemnification Development Subdivision SD968023 Company (Levee Failure) 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. arWastor. P&lic Warks(Es) Contact:Chris Lan(313-2293) ATTESTED: April 16, 2002 'Data�EngSvc\BOit2o021416 OZLSU23 9023 HO 27.docCL:kdcw JOIN SWEETEN, Clerk of the Board of Supervisors and M, Recorder(via Clerk)then PW Records County Administrator Current Phurni& ` De-bpn ent Ho$rnua Land Dtwlopment Company Aftw Robert Henry 1384 Galaxy Way Concord,CA 94524 By eA Deputy RESOLUTION NO.2002/ 2 2 6 �� I II II IIII I II IIII III III I IIII I III I IIII IIII III III I I I Recorded the request : CONTRA COSTA Co Recorder Office of Contra Costa County Board of Supervisors STEN L, WEIR Clerk-Recorder Return to: DOC— 20&-0135626-00 Conten Costa County Public works Department Engineering services Division Wednesday, APR 17, 2002 10:13:04 Records section FRE $0,00 Tt 1 Pd $1,00 Nbr-1802 8463 Axes: Byron Subdivisions: 8023 and 6428 through 8433 Assessor's Parcel Numbers: 011-230-010 through 018 RELEASE AND INDEMNITY SUBDIVISION SD968023(LEVEE FAILURE) The undersigned declares and promises as follows: A. The undersigned is the owner and developer of certain real property located in the unincorporated area of Contra Costa County, California, known as Discovery Bay West - 'village II (Subdivision 802.3 and 8428 through 8433) as described in Exhibit "A", attached hereto. B. The undersigned has obtained from the County of Contra Costa ("County") certain land use entitlements, consisting of the approval of the above subdivisions, the approval of Final Development Plan 3025-91 and the approval of Rezoning 2963-RZ. C. Pursuant to the conditions of approval of the land use entitlements, the undersigned is required to execute and record this document. D. By means of this document, the undersigned acknowledges and gives notice that the levees protecting a portion of the above-described real property are subject to failure if not properly maintained. E. The undersigned, for itself, its successors and assigns, hereby releases the County,the Contra Costa County Flood Control and Water Conservation District (`District") and their respective boards, commissions, officers, agents and employees from any and all claims, costs, demands, expenses or liability, including, without limitation, consequential damages, arising out of damage to on-site improvements as a result of levee failure. F. The undersigned, for itself, its successors and assigns, further promises to defend, indemnify, save and hold harmless the County, District and their respective boards, commissions, officers, agents and employees from any and all claims, costs, demands, expenses or liability, including, without limitation, consequential damages, arising out of damage to on-site improvements as a result of levee failure. G. This document is an instrument affecting the title or possession of the above-described real property and shall run with the land and be binding on the successors and assigns of the undersigned in the property, and any homeowners association (or any successor thereof) responsible for maintenance of the levees. The benefits of this document shall inure to the benefit of any public successor(s) to County, District and their respective boards, commissions, officers, agents and employees. In addition, notwithstanding the conveyance by the undersigned of all or a 10607/0005/346312.2 portion of the above-described real property, the undersigned shall continue to be bound by the provisions of sections B and F above, for a period of ten (10)years from the date of this document, where such claim, demand, expense, or liability arises out of, or is claimed or alleged to arise out of, defective design or construction of the levees. The undersigned executed this instrument on 2-t O�-- Hofmann Land Development Company,a California Corporation formerly known as Talisman Fealty Croup,Inc., a California corporation By. �, lxx__4� (Print name and title) A •T. L-HA1 11 PR67StDEx/T By, / z-1 (Print name and title) Indemnity Negotiated 2 10607/0003/348312.2 EXHIBIT "A' Subdivision SD968032 LEGAL UESCRE"TION (Levee failure release and indemnification) Parcel One: Lots 1 through 99,inclusive,Parcels D,E, G,1, J,L,M,N,P, Q and S,Winchester Loop,Yosemite Way,Crescent Way,Yosemite Court,Kincaid Way,Lakeshore Circle and Gond Way, as shown on the Map of Subdivision 8023,filed September 4,2001,in Map Book 433,Page 32, Contra Costa County Records. Parcel Two: Lots 1 through 80,inclusive,Lakeshore Circle, atter Brook Loop,Half Moon Court, Topaz Court,Seminole Court and Blue Mesa Court, as shown on the Map of Subdivision 8428, filed October 24,2001, in Map Book 436,Page 10, Contra Costa County Records. Parcel Three. Lots 1 through 77,inclusive,Lakeshore Circle,Superior Way,Mendocino Way, Winchester Loop,Bridgeport Loop and Cumberland Way, as shown on the Map of Subdivision 8429, filed September 7, 2001,in Map Book 433,Page 44, Contra Costa County Records. Parcel Four: Lots I through.44,inclusive,Lakeshore Circle and Keystone Loop, shown on the Map of Subdivision 8430,filed October 25,2001,in Map Book 436,Page 17, Contra Costa County Records. Parcel Five: Lots 1 through 50,inclusive, and Lookout point Loop,as shown on the Map of Subdivision 8431,filed October 26,2001,in Map Book 436,Page 22,Contra Costa County Records, Parcel Six: Parcel A. as shown on the Map of Subdivision 8430, filed October 25,2001 in Map Book 436,Page 17,Contra Costa County Records. Parcel Seven: Parcel A, as shown on the Map of Subdivision 8431,filed October 26,2001,in Map Book 436,Page 22,Contra Costa County Records, Excepting from portions of Parcels One through Seven above: 1. 50%of all oil,gas, casinghead gasoline and other hydrocarbons and mineral substances below a point 500 feet below the surface of the land hereinafter described, together with the right to take,remove,mine,pass through and dispose of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances,but without any right whatsoever to enter upon the surface of said land or upon any part of said land,as reserved in the.Deed to Pilati Farms,recorded November 17, 1981,Book 10577,Page 58, Official Records. 2. The remaining 50%of all oil, gas, casinghead gasoline and other hydrocarbons and mineral substances below a point 500 feet below the surface of the land hereinafter described,together with the right to take,remove,mine,pass through and dispose of all oil,gas, casinghead gasoline and other hydrocarbons and mineral substances,but without any right whatsoever to enter upon the surface of said land or upon any part of said land, as reserved in Deed by Pilati Fams,recorded September 15, 1988,Book 14583,Page 115, Official Records. Also excepting from portions of Parcels One through Seven above: 1.At undivided one-half(1/2)interest in and to all oil,gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land,together with the right to take,remove,mine,pass through and dispose of all said oil,gas,casinghead gasoline and other hydrocarbon and mineral substances,but without any right whatsoever to enter upon the surface of said land or upon any part of said land within 500 foot thereof, as reserved.from Angela Sarija,recorded April 2, 1965, in Book 4837, Page 4, Official Records. 2. An undivided ono-half(1/2)interest in and to all oil,gas,casinghead gasoline and other hydrocarbon and mineral substances below a paint 500 feet below the surface of said land,together with the right to take,remove,mine,pass through and dispose of all oil,gas,casinghead,gasoline and other hydrocarbon and mineral substances,but without any right whatsoever to eater upon the surface of said land or upon any part of said land within 500 feet thereof; as reserved in the Deed from Carlton Newman Jacobs, et ux, recorded March 1, 1988,Book 14197,Page 373,Official Records. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Mate of California ) ) SS. County of Contra Costa } On March 21, 2002, before me, Sandra K. Curran, a Notary Public in and for the State of California, personally appeared, A. T. Shaw and Thomas A. Whalen, personally known to me 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 person(s), or the entity on behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal ,.,r,... SANDRA K. CURRAN Comm.f1296579 t� NOTARY PUSLIC•CALIFORNIA Yet Signature Conus Costs County My Comm.Expirss Minh 9.2006 rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� Reference: Release and Indemnity, Subdivision SD968023 (Levee Failure) Date: March 21, 2002 Pages: 3