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Home My WebLink AboutMINUTES - 07161996 - C13 Recorded at the request of Contra Costa County Return to: Public Works Department Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 16, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 96/315 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA Private Drainage MS 9-94 Donald L. Davis Knightsen Release I lw*y M*the aft b a tn"aw an 40M town MW 61tv" an go =7 * *10 KF:mw lkwd of SUPOW-iWe an ft dea'"72N Ce g.%engsvcXboXbo16.t7 ATTUMMatm Originator: Public Works(ES) Contact: Kathleen Fudge(313-2249) a �„�,i, Dow cc: Recorder(via Title Co.)then PW Records Director of Community Development Recorded at the request of: Contra Costa County Rum to: Robert Guise 125 Eagle Lane Brentwood,CA 94513 DRAINAGE RELEASE THIS AGREEMENT made this day of , 19_, between DONALD L. DAMS herein called "Owner" and the County of Contra Costa, herein called "County". WITNESSETH: WHEREAS,Robert Guise proposes the development of a parcel of land described in "Exhibit A" attached hereto, for which parcel a Tentative Map under Subdivision MS 9-94 has been conditionally approved by the County Zoning Administrator and which parcel lies westerly of and adjoining the western boundary of the property of the Owner; and WHEREAS, Owner's 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 subdivision, more or less, slopes toward the said land of Owner in such a manner that drainage water flowing to the eastern boundary of said Subdivision will,continue easterly across said Owner's property to an existing roadside swale near the east line of said Owner's property, thence northerly along said swale to an existing culvert under Eagle Lane and discharging to facilities maintained by East Contra Costa Irrigation District; THEREFORE, Owner hereby agrees with the County of Contra Costa as follows: 1. In the event that the Parcel Map is filed on said Subdivision MS 9-94 and/or subsequent units within the area encompassed by said Tentative Map, as described in "Exhibit A" attached hereto, and the easterly side of said development is constructed substantially as indicated above, then the drainage waters flowing from said easterly side of said development may flow without restriction and spill upon said land of Owner where said improvements abut upon said land. 2. Owner hereby releases and forever discharges the County of Contra Costa from any liability for damages the 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 their land as provided herein the Owner or their land (as described in "Exhibit B") suffer any damage now or in the future, Owner agrees that they will have and make no claim therefore against the County and that they will not maintain any action at law or in equity against the County of Contra Costa concerning said damages and the operation of the drainage improvements. 3. This drainage release in limited to the waters from natural rainfall which naturally drain from adjacent westerly property upon, fallug n , or accumulate upon the said development where it abuts upon the westerly boundary line of Owner's said land. 4. The rights given to the County of Contra Costa 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 upon the land of Owner connecting with the easterly boundary of said development as shown on said Tentative Map, and(2) said drainage facility so authorized shall have been actually constructed. TH GREEMENT shall be binding upon the heirs, successors and assigns of Owner and any p lic s ccessor to the C n of Contra Costa. Date: Uboeald L. Davis (attach notary here) EXHIBIT A The land referred to herein is situated in the State of California, County of Contra Costa, Unincorporated, described as follows: A portion of the Northwest 1/4 of Section 10, Township 1 North, Range 3 East, Mount Diablo Meridian, described as follows: Commencing at the northeast corner of Parcel A as shown on the Parcel Map for Subdivision MS 44- 87 filed October 11, 1990 in Book 148 of Parcel Maps,Page 43, Contra Costa County Records, thence from said point of commencement South 00°53'27" West, 10.00 feet to the Point of Beginning of the herein described parcel;thence from said Point of Beginning along the boundary of Parcels A and B of said Parcel Map (148 PM 43)the following four courses; South 00°53'27" West, 441.60 feet;North 89°30'33" West, 923.60 feet;North 00053'27" East,441.60 feet; and South 89°30'33" East, 923.60 feet to the Point of Beginning. Containing an area of 9.36 acres, more or less. A.P. #015-110-009 95001GIDR V. ;i '= CE 31635 ` EXP. 1 r EXHIBIT B The land referred to herein is situated in the State of California, County of Contra Costa, Unincorporated, described as follows: Parcel B, as shown on the Parcel Map filed October 11, 1990, in Book 148 of Parcel maps, Page 43, Contra Costa County Records. �N� a a CE 31695 k 31& a G r /Av f OF CA��FQR Attachment to Drainage Release dated 5-31-96 Certificate Of Acknowledgment State of California ) County of Contra Costa ) f On May 31, 1996 before me, May Kleven a Notary Public for the State of California,personally appeared Donald L. Davis persetmHy-knewrrtame{orproved to me on the basis of satisfactory evidence)to be the person]k)whose name(k is/a-&subscribed to the within instrument and acknowledged to me that he/sbxk aLy executed the same in his/ UMM authorized capacity(NO, and that by his/IMXO it signature(]o on the instrument the personoo,or the entity upon behalf of which the person(jo acted,executed the instrument. WITNESS my hand and official seal. Signature (Seal) -'1'• MAY KLEVEN U COMM.#1026749 n N 7 • NOTARY PUBLIC-CALIFORNIA U CONTRA COSTA COUNTY ! MY COMMISSION EXPIRES JULY 4, 1998 FORM 00211(Rev.6/94)