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HomeMy WebLinkAboutMINUTES - 01051993 - 1.18 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 5, 1993 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Road Maintenance MS 151-90 Robert G. Rodenburg Clayton Agreement Linda J. Rodenburg I hereby certify trnet this is a true and correct copy �+ an action taken and enteibd on the minutes of ma Board of Soper jv X o[+the atb shown,own, p ATTESTED: �p "'� .. PHIL BATCHELOR,Cierk of the Board of Supervisors and unty Administrator r � By ,0eputy Contact: Melissa Morton - 313-2347 Originator: Public Works (ES) cc: Recorder (via Title Co.) then PW Records, the Clerk of the Board Director of Community Development MM:fp BO:S.tl LEON DRIVE APN 080-160-016 ROAD MAINTENANCE AGREEMENT MS 151-90 Contra Costa County, California THIS AGREEMENT is entered into this :Z�_day of P4a-,_ , 1992, by Robert G. Rodenburg and Linda J. Rodenburg, Owners of Record of that certain property designated as Parcels A, B and C of Minor Subdivision 151-90. The Tentative Map of said Minor Subdivision was approved August 13, 1991 and The Parcel Map filed in the office of the recorder of the County of Contra Costa, State of California on 1992, in book of Parcel Maps at page NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The cost of maintaining Leon Drive from Morgan Territory road for 1250 feet to the limits of Parcel B on Leon Drive shall be shared equally by Parcel B (MS 151-90) and Parcel C(MS151-90) . 2. In the event that any of the property subject to this agreement is divided into two or more parcels, each parcel shall be treated for the purpose of this agreement as if it were a separate lot and it in turn shall be responsible for its proportionate share of the cost of maintaining said roadway. Proportionate share in this context is meant to mean that if there are X number of owners covered by this agreement, then each parcel owner must pay 1/X th of the costs. 3. The question of whether the road is in need of repair and the person or persons who shall make said repair shall be decided by a majority vote of the parcels affected. In the event of a tie vote, those holding the maximum proportionate interest by gross property area shall prevail. 4. This document is not considered to be inclusive. Subsequent revisions will be added by attachment to include additional parcels and expand the roadway limits. 5. In the event any person owning one or more of the lots subject to this agreement shall refuse to pay his proportionate share of any cost of repair or maintenance, then one or more of the remaining owners may pay said cost, which cost shall become a lien on the lot of the defaulting owner by the filing with the county recorder of a notice of lien within sixty days after payment of said cost. The defaulting owner shall be responsible for all costs of collection including reasonable attorneys' fees. UPY i This agreement is intended to run with the land, and shall be binding on the successors in interest to the parcels involved. Executed pec -7 _ 1992. Robert G. Rodenburg in a J. rRocferiburg