The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01011999 - 1999-644 f 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 following 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 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:D1:mw G:\GrpData\EngSvc\130\1999\BO 12-14-99.doc Originator: Public Works(ES) ATTESTED: DECEMER 14, 1999 Contact: Ries,Lierly(313-2348) 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 DEPART COHTRA COSTA COUNT 80ARD DAM'. -- 12- TO: Clerk of . the Board tiL�rR'�('6P.. C, f � At t FROM: Public Works Department, Engineering Services Oivfsicm SUBJECT`. The following documents , with appropriate Board Offers attached and thts transmi teal , shal 1 accompany 14WP/Parcel Map kls ` S'Oo I / to the County Recorder's Office. (A No documents required C } Deferred Improvement Agreement ( ) Offer. of Dedication - Roads C } Offer of Dedication — Drainage ( } Grant Deed of Development Rights t } Consent to Offer of Dedication - Roads { ) Common Ilse Agreement ( ) Orainage Release ( ) Relinquishment of Abutters' Rights- Other ightsOther d 1� C�11 r� The map and documents shall be transmitted to the Recorder's office simultaneously bye g'7' Title Company 7 } . contact person 15 1 spoons no. TITi -- � ! . 66 aD b 5-z6-.-7q HaM TO TME C17NfPANY: 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. RM TO RECORDER: Please ensure that the documents listed Above are attached to the map so that the map and documents can be recorded concurrently. CL.-19 Sint by:D#Bolt Civil Eng. Nov-30-99 03116rm from 925 837 4378++1 925 930 7960 rave 2 REtrC F0M AT THE REQUEST OF: RE11W 70 : Steven J.Wuthrich 421 Le Jean Way Walnut Cretk.CA 94596 Project: Subdivision MS 980011 Assessor`s Parcel No.: 140-170-005 STATEMENT OF OBLIGATION FOR PRIVATE ROAD MAINTENANCE (SUBDIVISION MS 9W01 1) th THIS STATEMENT made this I.. day of _ Ave r , 1999, by the undersigned, declares that they are the record title owners of the parcels of land over which a road and easement are located. Such easement being more particularly delineated on Parcel Map 980011, and recorded 1999, in Contra Costa County Map Boots at Page WHEREAS. said road and easement (not to be exclusive) are for use as a roadway for vehicles of all binds. 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 eawment shad be maintained and kept in a good, safe. and passable condition at all times for the uses provided for above. NOW. THEREFORE, it is hereby mutually agreed and understood by all the parties, their successors or assigns: NOV-30-1999 15:18 925 837 4378 96% P.02 Sent bv:De6olt Civil Env. Nov-30-99 03116rp from 923 037 4378++i 925 930 7960 rage 3, 5 I 1. The owners of Parcels W and 'B', inclusive, of Subdivision MS 984011, 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 Code. 2. Said roadway shall hereafter be maintained and repaired by said owners so as to keep said roadway in a good, safe, and passable condition at all times for uses set forth above; and that repair work shal1 be performed on said roadway whenever deemed necessary by the majority of the owners or their heirs or assigns of property lying within, and being served by said roadway 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, owning 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 15:19 925 837 4378 P.03 Sent by*D*9Qlt Civil 8n9. Nov-30-99 03$17rn from 925 837 43783+1 975 930 796e 0.e9e 4/ 5 contract as they became due. 4. Whenever passible, contracts for maintenance or repair shall expressly provide that mechanic's or materialen's liens shall be recorded against only the tots of owners who have failed 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 vote of the lot or parcel owners. In the event of a tie vote, those owners holding the maximum proportionate interest by road area shall prevail. This Statement may be modified by a majority of the lot Owners. This Statement constitutes covenants running with and reciprocally benefiting and burdening each parcel of land shown as Parcel Map 980011. Eecuted on _Akv 30 4 RWu;&y Jur* 04 �, "' a3 vreme�nti is &e rot w W Fay O of ?,rtdw icy + ffti-5 I6rteb Steven J. Wuthrich A AS WOO III -k +lie mi ddhe 04 W M-64It By' , Patricia M. Wuthrich (see attached notary) F'.04 NOV-30-1999 15:19 925 83'7 4378 �- 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(5)OF SIONER(S) ❑ Personally known tome OR 0 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 u JACK E. BABCOCKhe/she/they executed the same in his/her/their authorized NOTARYM.01t084 DRNU Capacity(ies),and that by his/her/their signature(s)on the PLICALIQ CONTRA COSTA COUNTY 0 instrument the person(s), or the entity upon behalf o comm.€xP.AUo.t' zc�00' which the person(s)acted,executed the instrument. WI my hand and of ial seal SIGNAnME 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 ATTACKED DOCUMENT 0 INDIVIDUAL Statement of Obligation for Private Road Maint ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: