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Home My WebLink AboutRESOLUTIONS - 01011997 - 97-376 lte"Id"at the wgnat of. Coda Costa County Rotans to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 15, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/376 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY. INSTMINT REFERENCE GRANTORAM Statement of Obligation MS 11-96 Nichols Revocable WalrutCroek for Private Road Trust, U/A/D Maintenance February 2, 1987 !tw W�+ tttN !ve and ooneet a rgil RL:mw soon V4 enisred on tits mtnwse t3:�Sldt�lvClEoo1�O7-iS.WPD dan die Of*et:eara MOW— Public Wake($3) N17SPIP Y C' �R '" M tlw bowd Cement: Rich Lierly(313.2348) rl or. Recorder(via Tide Co.)then PW Records Dow Cyatent P OM&Camnuoity Development Robwt 1.Nichols 99 Port Roo Walnut Creek Ca 94395 Record Stamp: Recorded at the request of: Robert J. Nichols Cynthia L. Nichols Return to: Robert J. Nichols Cynthia L. Nichols 99 Post Road, Walnut Creek, CA 9459.5 STATEMENT OF OBLIGATION FOR PR ATE ROAD MAINTENANCE tMS 11-96) We, Robert J. Nichols and Cynthia L. Nichols, trustees or successor trustee of the Nichols Revocable Trust, U/A/D February 2, 1987 declare the following: 1. The Nichols Revocable Trust is the owner of a parcel of land described in the deed from ROBERT J. NICHOLS and CYNTHIA L. NICHOLS, husband and wife to ROBERT J. NICHOLS and CYNTHIA L. NICHOLS, TRUSTEES, OR SUCCESSOR TRUSTEE OF THE NICHOLS REVOCABLE TRUST U/A/D FEBRUARY 2, 1987 recorded August 28, 1995, in Contra Costa County Official Records series 95-142312 and that parcel now is subdivided into "Parcel A" , "Parcel B" and a"remainder parcel" under the Parcel Map for subdivision MS 11-96 recorded , in Contra Costa County Parcel Map Book Page 2. The driveways of said "remainder" and "Parcel B" properties(MS 11-96), and the method of ingress to and egress from said properties is by way of a private roadway and easement and it is the desire of the parties hereto to enter into an agreement for the preservation and maintenance of said roadway. Page I of 3 NOW THEREFORE, THE "REMAINDER" PARCEL AND "PARCEL B" PROPERTIES (MS 11.96) ARE OBLIGATED AS FOLLOWS: I. The cost of maintaining the private roadway or easement serving the property herinabove referred to shall be shared by the owners of each of said properties in proportion to the use made of the roadway by each owner. 2. For the purposes of this statement, the use made of the roadway shall be in direct proportion to the distance between the end of the publicly maintained portion of Post Road to a line drawn perpendicular across said roadway from the upper limit of the driveway serving each of said parcels. (See Exhibit "A") i. In the event that any of the property subject to this statement is divided into more parcels, each parcel shall be treated for the purpose of this agreement as if it were a separate Iot and it in turn shall be responsible for its proportionate share of the cost of maintaining said roadway. 4. 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 mutual consent of the owners of said properties. S. The wrought iron gate, electric motor, call box, and any and all electric apparatus is the ownership of"Remainder" and "Parcel B„ properties. Any and all maintenance and or repair for this security gate system shall be shared equally between all parcels using said gate system. The electricity to operate this security gate is the responsibility of the"Remainder Parcel". 6. In the event any person owning one or more of the lots subject to this agreement shall refuse to pay their proportionate share of any cost of repair or Page 2 of 3 i maintenance, then one or more of the remaining owners may pay said cast, 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 the payment of said cost. The defaulting owner shall be responsible for all costs of collection including reasonable attorneys' fees. This agreement is intended to run with the land, and shall be binding on the successors in interest to the parcels involved. Executed *,At A , 1997. Nichols Revocable Trust, U/A/D February 2, 1987 Robert J. i ols, stee -Cynt 'a L. Nichols, Trustee Mage 3 of 3 I Title or type of Document STATE OF CALIFORNIA Number of Pages Date of Document Signer(s) Other than named below County of�r1 � �C.��-�"I`� On before me v`\t personally appeared personally known to me (or 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by this/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature f (Seal) Notary Public to and for said County and State t y K. CU N-- G 4AM,�r COMM-#1035317 UDt)1 (Rev.4194) T +Y pUBIIc CALIFORNIA CONTRA COSTA COUNTY 'Comm.E4*00 Aug.7.t eg8 A Title or type of Document STATE OF CALIFORNIA Number of Pages Date of Document Signer(s) Other than named below County of On before me personally appeared 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by this/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Notary Public in and for said County and State UD01 (Rev.4194) C /^•fi�t ND iT.18 m Ms I1-% 1 t i i f iMS 11-96 ` _- ,r e� t of Haifa :LSIX3 !t. t1 �, � ! O,,1N�+t3SV3 3elVaS�NV1`1SlX3,r w y 1 � � s �TY2 t w6,g 9 ®V • d �r I � .