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Home My WebLink About2010-013 AMWC Drainage Release JULIE RDDEWALD IF San Luis Obispo County—Clerk/Recorder 6122/2010 Recorded at the request of 8:14 AM First American Title Company Recording Requested By And When Recorded, Return To D 0 C# 2010028624 Titles: 1 Pages: City Clerk Fees 20.00 City of Atascadero Taxes 0.00 6907 EI Camino Real Others 0.00 Atascadero, CA 93422 PAID $20.00 DOCUMENT TRANSFER$ -0- (x) Computed on the consideration or value of property conveyed, OR ( ) Computed on the consideration or value less liens or encumbrances remaining at time of sale, ( ) Unincorporated Area, (x) City of Atascadero Signature of Declarant or Agent determining tax— Firm Name— DRAINAGE RELEASE AGREEMENT for PARCEL MAP ATAL (09-0015, PARCEL 3) This Drainage Release Agreement("Agreement") is entered into by the Atascadero Mutual Water Company (hereafter AMWC") and the City of Atascadero (hereafter City") AMWC is the owner o Parcels 1 and 3 shown on Parcel Map ATAL 09-0015 AMWC the undersigned hereby, certifies that AMWC is the owner of record of the fee interest in the parcel of land located at (6575 Sycamore Road), identified as Assessor Parcel Number02( .8-111- 003) The Property is described as (Parcels 1 & 3 of Parcel Map ATAL 09-00151 in the County Recorders' Office in the County of San Luis Obispo, State of California. AMWC, hereby, agrees to accept, on Parcel 3, the existing and any additional storm water runoff that may be caused by the construction of road improvements to Sycamore Road, fronting Parcel 1 required by the Conditions of Approval for Parcel Map ATAL 09-0015 (the"Improvements") See Exhibit A contained herein and made a part hereof AMWC hereby agrees to maintain a drainage conveyance on the Property for said storm water runoff in perpetuity on Parcel 3 AMWC further agrees to hold the City of Atascadero and its officers and employees, free and harmless of any damages arising from said storm water runoff emanating from the Improvements AMWC does hereby fully release and forever discharge the City of Atascadero their representatives, successors, officers agents, employees, past and present, and each of them, from any and all claims, liabilities, and demands of every nature whether known or unknown and whether suspected or unsuspected, which may have arisen or may arise in connection with the discharge of existing or any additional stormwater runoff which may be caused by construction of the Improvements. This agreement shall be binding upon AMWC's heirs and successors in title and AMWC consents to recordation of this document. c. ,Dc>cunacnr arul Scuings`4im Local Sci�in<ys'T mp>rar�- Internet Files\Content 0utlook\5TVQVL21\Drainage Release Agreement toCity docx PROPERTY OWNER(s) Atascadero Mutual Water Company, a California Corporation -y--- �'L 0,Oj Signature Printed Name &Title ACKNOWLEDGMENT State of ; i kern 14, ) )SS Countyof: ;)1)<i;i�(;,�;� 170 ) On 111m.AA 1q 2010 before me Lri-cayic, 117 , LLVrfc-rra-arrvn a notary public personally appeared 7 hex 6, N, GL who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. �LOORR NEYM AIDER N Notary Public COMMA14on 712i� Notary Pubric.Ccoffornia 17Wfan Luis Obispo County f*C0"VMAj ' 25,2011 t d)ocumcni,,and Scttings`tolmd..ocal Scttim-xrcmporary Internet Files\Content Outlook\5TVQVL21\Drainage Release Agreement toCity (3) docx City of Atascadero By- Signature /4 Printed Name&Title I ACKNOWLEDGMENT State of 0a, 1,a- County `- ) ('� County of Jc��Jn�i.+:S fib;fir" SS) On 11,41e - 15 2010, before me, LAu G�v,� � ��-4z�.r��t�� a notary public personally appeared Jn of(,, b, Kc i! -�ev who proved to me on the basis of satisfactory evidence to be the person whose 6ame is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal Notary Public VICTORIA A.R NOMI Commission*1830100 Notary Public Cal" Sao Luis Obispo Coin JM c .t o>:mll we and SCuings lolm4.ocal Sctlingsl'crnporan Internet Files\Content 0utlook\5TVQVL21\Drainage Release Agreement toCity (3) docx END Or DOCUMENT ITEM NUMBER. A- 5 DATE 06/08/10 Atascadero City Council Staff Report — Public Works Department Final Map 2009-0147 (Parcel Map AT 09-0015) 6575 Sycamore Road (LLA 2009-0096) Atascadero Mutual Water Company RECOMMENDATIONS Council 1 Adopt and Approve Final Parcel Map 2009-0147 (Parcel Map AT 09-0015) and reject without prejudice to future acceptance on behalf of the public, the Public Streets and Pedestrian Access Easement; and, 2 Authorize and Direct the City Clerk to Endorse the Map with the City Council's Approval, and, 3 Authorize the City Manager to sign a Drainage Release Agreement associated with Parcel Map ATAL (09-00015, Parcel 3) DISCUSSION Lot Line Adjustment ATAL 2009-0015 was approved by the City Community Development Department on June 22, 2009 The Lot Line Adjustment changed the configuration of four lots The four existing lots consisted of Lot 12A (30,260 square feet), Lot 11 (10 01 acres), Lot 11B (1 8 acres) and Lot 12 (10 69 acres ) The new lots are designated as Parcels 1, 2, 3 and 4 The new parcel sizes are 12 29 acres (Parcel 1), 33,116 square feet (Parcel 2), 5 08 acres (Parcel 3), and 5 08 acres (Parcel 4 ) The Atascadero Mutual Water Company is proposing to accept existing and additional stormwater runoff related to its proposed offsite improvements that are associated with this map The agreement requires the AMWC to maintain the drainage course and releases the City from all liability associated with the storm water flow onto Parcel 3 Pursuant to California Government Code Section 66412, the approving legislative body (City Council) shall limit its review to whether or not the lot line adjustment will conform to the General Plan and any zoning and building ITEM NUMBER. A- 5 DATE 06/08/10 ordinances The City Surveyor and staff have determined that Final Map 2009- 0147, is in substantial conformance with the General Plan and all applicable zoning and building ordinances FISCAL IMPACT None ATTACHMENT Exhibit A - Final Map 2009-0147 (Parcel Map ATAL 09-0015) o � ITEM NUMBER. A- 5 DATE 06/08/10 Exhibit A Final Map 2009-0147(Parcel Map ATAL 09-0015) 6575 Sycamore Road Atascadero Mutual Water Company a� [— lL aoz I ' loam�smo O +n Zf� OU N �q z o z ODoiX E dao zm •U<-�k Sow ua� `<�^ o uao �ym��N� go aj Id- CFUa°� o N isv F rcK' w ,o< ~a,'-�aa v. F U o� i� Nrc$��z h8 Soa aw Qv «zo z S Q M ; 1�� o m U 1999.199 0000a IOO�°poaw p <" ❑ r w a 88" W v— a �6 Z' • c v �`s� n ... a �m n3N I- i I t LL] U w� a <g W _I W �x��¢0 0 000 I m sz€ �a L' ] E__J t__J a Q zN"z<� wa wo E��1.� j `�� I QR 9133H9339 -- • I i NN`!d MVJNlIGYJ 3N:d .f9'0*9 3_9l,R.0 N Bi- -o I II I wiz i 1P X-CH �I' �� 1 - F3-�;®6G fl Elf ob> \t 2 u .0: Wxi of 1 arm04 Was`- . 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