HomeMy WebLinkAboutMINUTES - 12141999 - C12-C14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 14, 1999,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN. NONE
RESOLUTION NO.: 99/643
SUBJECT. Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 980011,
Walnut Creek area.
The following documents were presented for Board approval this date:
1. Map
The Parcel Map of Subdivision MS 980011, property located in the Walnut Creek
area, said map having been certified by the proper officials;
M Subdivision Agreement
A subdivision agreement with Steven J. Wuthrich and Patricia M. Wuthrich,
subdivider,whereby said subdivider agrees to complete all improvements as required
in said subdivision agreement within one year from the date of said agreement.
Accompanying said subdivision agreement is security guaranteeing completion of
said improvements as follows:
A. Cash Deposit
Deposit amount: $1,100.00
Deposit made by: Steven J. Wuthrich
Auditor's Deposit Permit No. and Date: 341.496 (November 30, 1999)
B. Surety Bond
Bond Company: Amwest Surety Insurance Company
Bond Number and Date: 107001806 (November 11, 1999)
Performance Amount: $111,900.00
Labor&Materials Amount: $56,500.00
Principal: Steven J. Wuthrich and Patricia M. Wuthrich
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 980011,
Walnut Creek area.
DATE: December 14, 1999
PAGE -2-
III. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 1999-2000 tax
lien has been paid in full.
NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions
for its design and improvement, is DETERMINED to be consistent with the County's general and
specific plans,
BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does
not accept or reject on behalf of the public any of the streets,paths, or easements shown thereon as
dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
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.
ATTESTED: DECEMBER 14, 1999
PHIL BATCHELOR, Clerk of the Board of Supervisors
and County Administrator
RL:Dl:mw By , X - , Deputy
G:\GrpData\EiigSvc\BO\1999\BO 12-14-99.doc
Originator:Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Public Works-R.Bruno,Construction
Current Planning,Community Development
T—October 14,2000
Steven J.Wuthrich and P atricia M.Wuthrich
421 Le3ean Way,Walnut Creek,CA 94596
Amwest Surety Insurance Company
425 California Street,Suite 350,San Francisco,CA 94104
William J.Pollacek ✓ `
Contra
Tax �;"�l l�►Ir,tQ1" a OfficeCounty Treasurer-Tax Collector
L J� G1 Joseph L.Martinez ;`
625 Court Street Assistant Tax Collector
Finance Building, Room 100
P.O.Box 631 County Joslyn Mitchell
Martinez,California 94553-1280 Tax Operations Supervisor
(925)646-4122
(925)646-4135 FAX .
Crate: November 28, '1999
IF THIS TRACT IS NOT FILED BY DECEMBER 31, 1999, THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract l IVIS# CITY T.R.A.
98-11 WALNUT CREEK 79029
Marcel M 140-170-006, 140-170-007
and have determined from the official tax records that there are no unpaid County taxes
heretofore levied on the property included in the map.
The current 1999-2000 tax lien has been paid in full.
This tract is not subject to a 1915 Act Bond. if subject to a 1915 Act Bond, the original
principal to calculate a segregation is
WILLIAM J. POLLACE'K,
Tre -Ta lector
By:
SUBDIVISION AGREEMENT
(Govenunent Code 566462 and 566463)
Subdivision: _fl'1.5" t ` ' .Effective Yate: �; ,�„
Subdivider: 5YC*6 rLI4��tA—)C-jf3 Y!.Z—X -tc.-' Completion Period:
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO!:
CQN=COSTA {='OMY SUBDIYMM
J.Michael Walford,Public Works Director
By: tsap>eo, > fd
En g SeKices Division x > lase) ' Y i t iA . f, u. f ich
EQEM APPROy Ir?: Victor J.VTestnaan,County counsel Co- Lbw f1 e r
(NOTE:All sipnatim to be aawowtedged. If Subdivider is inccrpotated,sig-
nIAM must conform witt►ft dmvuw r+ erAative groups purse ai to Cor-
pwatiom Code 5313.)
I. PARA=&DAM Effective on the above data the County of Contra Costa,California,hereinafter called"QUg " and the above-rnentionod
,'vide,mutually promise and agree as follows concerning this subdivision:
2. R.4MQ_)MQM. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,
fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement pians for this subdivision as
reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costs County Ordinance Cade(including
future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter castled"work")within the above completion period from date hereof as required
by the Califortria Subdivision Map act(Government Code SS664I0 and following),in a good workmanlike mariner,in accordance with accepted construction
practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made themunder,and where there is a conflict
between the improvement pians and the County Ordinance Code,the stricter requirements shall govern.
3. Z jMQ t ha=,SFQVM„Y Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County-
A. EZ I'erfxxmancc on fluarantee: S i, i 0!2.12P cash,plus additional security,in the amount of S 9 0,fr which together
total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
_., Acceptable irrevocable letter of credit.
With this sexxtthy+,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Pr erne rub Security in the amount of S 5761, 5�,Qt.?.Gs 0 ,which is fifty percent($04K)ofthe estimated cost of the work. Such
security is presented in the forms of
Cash,certified check,or cashices check
Acceptable corporate surety bond.
Acceptable irrevocable WW of credit.
With this security,the Subdivider guarantees payment to the contmetor,to his subcontractors,and to persons venting equipment or furnishing tabor
or materials to them or to the Subdivider.
C;AL.t]FORNIA ALL-PURPOSE ACKNOWLEDGMENT /"�X-
:Stis�^5vt �t^SY^ Ly�� ^�^C Cai �5Y�( St3 ?fSC^n� j
i
State of
r
County of
oo
r On – before�/me;
Elate � Narnfe and a of 1 r e doe,Not c' �
personally appeared `� �.
{
Naimoli)of Signer(s)
El personally known to me—OR; roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized 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,
I fit,BAOGA 3Pt executed the instrument.
61 .1111163011111
rYtr"h*3+ i t 7t�5
�r�-CC000M10 WITNESS my hand and official seal.
God Gcslo Cour►ty
�' Mt►�.�.NJt 1Ct,�
�FVlgnature of Nota c
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
YS
r Description of Attached Document
Title or Type of Document:
Document Date: �" > "J Number of Pages: --
Signer(s) Other Than Named Above:
n
Capacity(les) Claimed by Signer{s}
Signer's Name: Signer's Name:
E Individual CJ Individual
O Corporate Officer 17 Corporate Officer
Title(s): Title(s):
❑ Partner—E Limited E:General 11Partner—71 Limited L General
D Attorney-in-Fact 0 Attorney-in-Fact
C Trusteex.. I Trustee r Y „
❑ Guardian or Consery
❑ Guardian or Conservator Cator -
Other: Top of thumb here [7 (, mer: Top of thumb here
t'
i
Signer Is Representing: Signer Is Representing:
01995 National Notary Association-8236 Rammet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 7.900.876-6827
Subdivision: _3 t 48
Bond No.: __-- 107001806 -�
IMPRovEmENT SwuRrrY BUND
FOR SumvisiUN AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code§§ 66499 -66499.10)
1. REc[TAL of SU[. MSTON AGREEMENT: The Principal has executed an agreement with the County to
install and pay for street,drainage, and other improvements in Subdivision___ MS_11- 8
as specified in the Subdivision Agreement, and to complete said work within the time
specified for completion in the Subdivision Agreement, all in accordance with State and local laws and
rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said
Subdivision.
2. 013LIGATION: STEVEN J.WOTMCH AND PATRICIA M. WCMMICH as Principal,and
AIrlWEST SURETY INSURANCE COMPANY a corporation organized existing
under the laws of the State df__mnRAsKA and, authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa,California to pay it:
A. Performance and Guarantee: ONE HUNDRED ELEVEN THOUSAND NZE HaUM ($
$1111900.00 ) for itself or any city assignee under the above County Subdivision
Agreement,plus
B. Payment: FIFTY -SIX THOUSAND FIVE HUNDRED Dollars($
$56,500. to secure the claims to which reference is made in Title XV
(commencing wits Section 3082) of Part 4 of Division M of the Civil Code of the State of
California. .
3. C �rtmMON:
A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal,
his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void;otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specifiers therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
d,
CAL11FORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
r ,r ,
On I before me, ^
<(i Date Name Tiille o,Officer(e.g.,".1 ne a,Notary lic"
? personally appeared rr
Names}of Signers)
personally known to me—OR W❑proved to me on the basis of satisfactory evidence to be the person($) ,
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by 1
his/her/their signature(s)on the instrument the person(s),
Ab
.I.M.fiAC#GAluPf
or the entity upon behalf of which the person(s) acted,
C rg"WGn it 1189 executed the instrument.
Notloty Publlc-Marr/
Control Casts county ir WITNESS my hand and official seal.
PyC� iQ
P>: Signature tary Publi^
�i
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document date: Number of Wages:
Signer(s) Cather Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ individual i❑ Individual
Corporate Officer E. Corporate Officer
Title(s): ( Title(s):
El Partner••---❑ Limited ❑ General ❑ Partner---❑ Limited ❑ General
El Attorney-in-Fact ❑ Attorney-in-Fact
E, Trustee , ❑ Trustee
El Guardian or Conservator ❑ Guardian or Conservator
f
Ll Other: Top of thumb here 11 Other: Top of thu^nb here �
i
Signer Is representing: Signer Is Representing:01995 National Notary Association•8236 Rammet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod,Na.5907 Reorder:Call Toll-Free 1-80"76.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of: California
County of: Contra Costa
OnAMU2UM 23., 1999 before me, L. G. BYAS NOTARY PUBLIC
LATE NAME,TME Of OffiCEA•E.G.,`JANE DOE.NOTARY FUSUC`
personally appeared JAMES E. STARK
!"MC(3)Of SIONVgs)
X personally known to me -fli=t proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) isxxxx
subscribed to the within instrument and acknowledged to me that hem excuted the same
hisnooc000= authorized capacity(xxx), and that by hisxx•aaoorxrx signature(x) on the Instrument
person(x) or the ntity Capon behalf of which the person(x) acted, excuted the instrument,
WITNESS m nd fficial seal.
.v+""'.r '�..- .. _ ,�.,.+.✓„-.+"w!,�`d `,... SI TVAE O OTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and prevent fraudulent_reattachn
of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
`. INDIVIDUAL
CORPORATE
1.om hIMER 107001805
Tfi E(Sj Tma ON TVPE Of DOCUMENT
PARTNER(S) LIMITED
GENERAL
rVO (02)
NUMBER Of PAG€3
X ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/06NS EIRVATOR
OTHER IFOVEMER 11" 1999
..� DATE Of oacUMENT
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
Ajwsr 5VRETY I SURAN K CQ"ANY
N/A
SMEA OTNEA THAN NAMED ABOVE
" 1094 NATIONAL NOTARY ASSOCIATION"8338 Remmat Ave..P.O.Box 7184,Canoga bark,CA 9130:
. LIMITED POWER OF A.TT+CJR E'� " �
Amwest Surety insurance Company
Expiration Date: 08/27/01 POWERNUMBER 0001050613
This document is printed on white paper containing the artificial watermarked logo( A )of Amwest Surety Insurance Company on the front and brown security paper
on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the
expiration date. Amwest Surety Insurance Company (the "Company,.) shall not be liable on any limited POA which is fraudulently produced, forged or otherwise
distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest
branch office at
KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation,does hereby make,constitute and appoint:
L.G.Ryas
M.R.Prenger
James E.Stark
C.Ganapol
As Employees of California Insurance Center
its true and lawful Attomey-in-fact,with limited power and authority for and on behalf of the Company as surety to execute,deliver and affix the seal of the company thereto
if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows:
All Bonds up to$5,000,000.00
and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company,which are now in full force and effect.
1,the undersigned secretary of Amwest Surety Insurance Company,a Nebraska corporation,DO HEREBY CERTIFY that this Power of Attorney remains in full force and
effect and has not been revoked and furthermore,that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney,and
that the relevant provisions of the By-Laws of each company,are now in full force and effect.
Bond No.10700.1806 Signed&scaled this YYrfiday of HOMER 3.999
Karen G.Cohen,Secretary
* ; . * ► . * * « * * RESOLUTIONS OF THE BOARD OF DIRECTORS + ' • * ' * * • * * * * • * " * * • " " • : • " •
This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15,1975;
RESOLVED,that the President or any Vice President,in conjunction with the Secretary or any Assistant Secretary,may appoint attomeys-in-fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and deliver and affix the seal of the
Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any POA
previously granted to such person.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind upon the Company:
(i) when signed by the President or any Vice President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary;or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly
authorized attorney-in-tact or agent;or
(iii) when duly executed and sealed (if a seal be required)by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof
authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall
have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these present to be signed by its proper officers,and its corporate seals to be hereunto affixed this
25'day of September,1998.
---
Zahn E.Savage,PrestKaren G.Cotten,Secretary
State of California
County of Los Angeles
On September 25,1998 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally known to me(or proved to me
on the basis of satisfactory evidence)to be the person(s)whose names)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)an the instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand an official seal. " JOANNE E. A88
't„klttii tri#t#itt#t3y3p# � �•
1N S U), Comm,#119 46>1
Seal vt NOTARY MtltLIC-GAOFpllMtlA YI
,bp,POq�I`� ��” Signature - ( ) Les Aagrcttat Cttr
O #4 Cernrtt.Err A .21,2002
"ON,'`
rt)i" DEC,14,
.A��;# 5230 Las Vireenes Road Calabasas,CA 91302 TEL 818 871-2000
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 Order on.December 14, 1999,by the fallowing vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 99/644
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
Statement of Obligation MS 11-98 Steve & Patricia Walnut Creek
For Private Road Maintenance Wuthrich
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.
RL:DI:mw
Cr:\GrpData\EngSvc\Ba\1999\Ba 12-14-99.doe
Originator: Public Works(ES) ATTESTED: DECEMBER 14, 1999
Contact: Rich Lierly(313-2349) 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
PUBLIC WORKS DEPARTMERT �
CGHTRA COSTA COUNTY
BOARD OATS:;. ��- 1
Clerk ref . the Board �' kl 1�1�t�rl4'i('6 CZ, �
FRC4. Public Works Department, Engineering Services Oivfsio-a
SUBJEC'T.;
The following documents , with appropriate Board Orders attached and t'hts
transmittal , shall accompany . /Parcal lMap AjS` 7 MQ t l� to the County
Recorder's Office.
No documents required
( Deferred improvement Agreement
Offer, of Dedication - Roads
} Offer of Dedication Drainage
Grant Deed of Development Rights
t } Consent to Offer of Oedication - Roads
{ ) Con non Ilse Agreement
} Drainage Release
Relinquishment of Abetters' Rights-
Other
ightsOther
The map and documents shall be transmitted to the Recorder's Office
simultaneously by FlgfT� :d ..�.. Title Company �
} . contact person
Zjielepnone no. "T`I•T`�S
Rneg-a 26 5-26--A
HM TO T= COMPANY: Please submit a guarantee letter and map recording fee
to the County Recorder at the time the map and documents are. filed with the
Recorder's Officer.
ROM TO RECORDER: Please ensure that the documents listed above are attached
to the map so that the wrap and documents can be recorded concurrently.
CL.- 19
Sent by-AeSolt Civil Eng. Nov-30-99 03tl6rr, from 925 837 4378*«1 925 930 7960 page 2
t
RECORDED AT MM REQUEST OF:
RE7.1M TO:
Steven J.Wui.hrich
421 Le Jean Way
Walnut Crede,CA 94596
Project: Subdlvlslon MS 98W11
AaaessWa Parcel No.: 140-170-005
STATEMNT OF OBLIGATION MR
PRWATE ROAD ILAMMANCE (SUBDMSION MS980011)
THIS STATEMENT made this _ th day of ZVW?'1fier ,
1999, by the undersigned, declares that they are the record title owners of the
parcels of land over which a read and easement are located. Such easement beim
more particularly delineated on Parcel Map 9$4411, and recorded
. 1999, in Contra Costa County Map Book at Page
WHEREAS. said road and easement (not to be exclusive) ,are for use as a
roadway for vehicles of all kinds. pedestrians and for water, storm drain, sewer
pipe lines, electric, gas, telephone, cable television, and any other utilities,
together with the necessary poles or conduits.
WHEREAS, the undersigned owners declare that this Statement is for
maintenance and repair of said roadway. The road and utilities: within the
easement shall be maintained and kept in a good, safe, and passable condition at
all tunes for the uses provided for above.
NOW. 'THEREFORE, it is hereby mutually agreed and understood by all the
parties, their successors or assigns:
NOU-30--1999 15'18 925 837 4378 96% P.02
Sent bit-DeSolt Civil Eng. Nov-30-99 03:16pm from 925 837 4378*+l 925 930 7960 o69e 3/ 5
1. The owners of Parcels 'A' and '13', inclusive, of Subdivision MS 980011.
their heirs and assigns of each recorded parcel lying within, and being served by
said roadway shall share the maintenance, repairs and upkeep of said roadway in
accordance with the provisions of Section 845 of the California Civil. Cotte.
2. Said roadway shall hereafter be maintained and repaired by said owners
so as to keep said roadway in a good, sale, and passable condition at all times for
uses set forth above; and that repair work shall be performedon said roadway
whenever deemed necessary by the majority of the owners for their heirs or
assigns of property lying within, and being served by said roadway 1-
3. The lot owners shall be responsible for obtaining contracts for all
maintenance and repair of the road and utilities in the easement and supervising
the performance of the work. The execution of a contract by owners. awning a
majority of the lots in the subdivision, shall bind all of the lot owners to such
contract. Each lot owner shall have one vote, and all lot owners must be notified
that there is an election. Each lot owner shall contribute a proportionate share
(proportionate share in this context is meant to mean that if there are two lots
covered by this agreement, then each lot owner must pay 1/2 or 50% of the costs)
of the contract amount. Upon execution of the contract, and prior to the
commencement of work by the contractor, the lot owners shall pay their
proportionate share, by issuing a check, in the appropriate amount, made payable
directly to the contractor. If a contract requires that any payment be made to the
contractor in advance of completion of the work, then. each ',lot owner, upon
execution of the contract, but prior to commencement of the work, shall issue a
series of checks, each payable directly to the contractor, representing their
,proportionate share of the installments due under the contract. The lot owners
shall Select one individual who shall hold such payment checks uncashed and
deliver them directly to the contractor as payment for work completed under the
-2-
NOV-30-1999 15:0 925 83? 43?8 P.03
Sent by.DeBolt Civil Eno. Hou-39-99 03s17wm from 925 937 4378*+1 925 938 7960 wage 4/ 5
contract as they become due.
4. "Whenever possible. contracts for maintenance or repair shall expressly
provide that mechanic's or materialmen's liens shall be recorded against only the
tots of owners
who have tailed to make their proportionate contributions as referred to herein.
The lots of the owners who have paid their proportionate share of the contract
amount shall be free of any such liens, and the owners of said lots shall be entitled
to lien releases upon such payment.
Should additional lots or parcels be created within Subdivision MS 980011,
their owners shall also be bound by this Statement.
The owners of each legal lot or parcel now and in the future shall have one
(1) vote as to matters related to this agreement.
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- vete of the lot or
parcel owners. In the event of a tie vote, those owners holding the rnaudmum
proportionate interest by road area shall prevail.
This Statement may be modified by a majority of the tot owners.
This Statement constitutes covenants running with and reciprocally
benefiting and burdening each parcel of land shown as Parcel Map 980011.
Executed on Ak v, bio 19 C?,?
By-
0+ 5rodo Uuty +41"�+ fi is Fe,reb Steven J. Wuthrich
* ?> a�- AS gP00III -k the
Mi ddl-e of 04 M-4- c f
By
Patricia M. Wuthrich
(see attached notary)
-3-
NOV-30-1999 15:19 925 837 4378 (x.04
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On November 30, 1999 before me,Jack E.Babcock
DATE NAME,TITLE OF OFFICER."
personally appeared Steven J. Wuthrich and Patricia M. Wuthrich
NAME(S)OF SIGNER(S)
IJ Personally known to me OR 21 proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledge to me that
4 , JACK E. BABCOCKK he/she/they executed the same in his/her/their authorized
COMM,.#1106422 capacity(ies)
(} CO , and that by his/her/their signature( )s on the
49
NOTARY PUBLIC•CALIFORNIAQ
* CONTrRA COSTA COUNTY� instrument the person(s), or the entity upon behalf o
COMM.EXP.AUG.15,20001A which the person(s)acted,executed the instrument.
WI my hand and of ial seal
WGNATWE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT
Q INDIVIDUAL Statement of Obligation for Private Road Maint
❑ CORPOI ATE OFFICER TITLE OR TYPE,OF DOCUMENT
TTTLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) DATE OF DOCUMENT
13 GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNERS)OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
Recorded at the request of: 1111111111111111 HIM 1111111111111 IN 111111111
Contra costa County
Depart CONTRA COSTA Co Recorder Office
Engineering
Public Wong Department STEPHEN L, WEIR�jerkiRecorderEn ineerin Services DivisionReturnublic to: COC—, 199024029-00
Public Works Department
Engineering Services Division T, DEC 16, 1699 10:43:06
FRE $0.00
Ttl Pd $0.00 Nbr-0000700013
lro/RS/1-3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on December 14, 1999,by the following vote:
AYES: SUPERVISORS GIOIA, UILKHAA, GERBER, DESAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 9916 ,�
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
Release and LUP 2001-89 Richard A. and Oakley
Indemnification Mercrey Lafayette
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.
RL:JC:mw
G:1GtpDatalEngSvc\BO%1999180 12-14-99.doc
Originator: public Works(ES) ATTESTED:_ I)ECaffiEi. 1� -1999-
Contact: Rich Lierly(3132348) PHIL BATCHELOR, Clerk of ihe'Board of Supervisors
cc: Recorder(via Clerk)then PW Records and County Administrator
Current planning,Community Development
By , Deputy
Recorded at the request of:
Contra Costa County
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Records Section
Area: Oakley
Road: Delta Road
Co.Road No.: 8261
Project: LP 89-2001
APN: 018-280-022
RELEASE AND INDEMNIFICATION
We,Richard A. and Mercrey Lafayette,declare the following:
a. We are the owners of 61 Delta Road located in Oakley,California,as described in the Deed to us,recorded
October 5, 1998,Document No. 98-4241221-00, (the"Property")
b. We have obtained Land Use Permit 2001-89.
C. In consideration of,and as a condition to,the granting of the permit referred to in subparagraph(b)above,
we, and each of us, agree to construct said dwelling unit in accordance with the building permit.
d. In further consideration of the granting of said Land Use Permit 2001-89,we,and each of us,hereby release
the County of Contra Costa,the Contra Costa County Flood Control and Water Conservation.District and their respective
officers,agents and employees from any claim,cost,or liability arising out of or in connection with any damage to the site
improvements resulting from flooding or erosion.
e. In further consideration of the granting of said Land Use Permit 2001-89,we, and each of us,hereby agree
to defend, indemnify, and hold said County,the Contra Costa County Flood Control and Water Conservation District and
their respective officers,agents,and employees harmless from any claims,costs, demands, expenses or liability, including
without limitation all consequential damages, arising out of or in connection with any damage to the site improvements
resulting from flooding or erosion.
f. This Agreement is an instrument affecting the title or possession of the real property described above,and
shall be binding on and inure to the benefit of all our heirs, successors,and assigns.
The undersigned executed this instrument on j (date).
By
tc:mW
G:1t'SrpDatetEngSvcUohnll949\Septembt3lLP 2041-89.doc �)ww
�
" '%-.,CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of C..o. ,, Qr n
County of o rr_ ccs.
On 1�ove_m)pe�i l before me, _ )se_4e !a6 ru ,
DATE NAME.TITLE Of OFFICER-E.G.,"JANE DOE,NOTARY PU L
personally appeared R;r ancr mcsi g
NA (s)of SIGNER(S) 43
❑ personally known to me - OR - improved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
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.
JOSETTE F. MATA Z WITNESS my hand and official seal.
COMM.#1172601
> NOTARY PUBLIC-CAL FORNIA
Z CONTRA COSTA Cex r1Y
W COmn Exp MS Fly 07,2002
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER -DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL'-,
❑
CORPORATg.OFFICER
TITLE(S)
TITLE OR TYPE DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 1 ,�
❑ ATTORNEY-IN-FACT NU OF PAGES
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING-
NAME OF PERSON{$)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01 N3 NATIONAL NOTARY ASSOCIATION•6236 Remmet Ave..P.O.Sox 7164•Canoga Park,CA 81309.7184