HomeMy WebLinkAboutMINUTES - 04091991 - 1.8 � . THE- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 9, 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 91/209
SUBJECT: Approval of the Final Map for Subdivision 7139, Bethel
Island Area.
The following documents were presented for Board approval this
date:
The Final Map of Subdivision 7139, property located in the
Bethel Island area, said map having been certified by the proper
officials.
Said documents were accompanied by a copy of a Superior Court
of California, County of Contra Costa Order (Case No. C90-03414 ,
Filed March 21, 1991, Willow Park Marina Homeowners Associates vs.
Bank of America, et.al. ) decreeing that Government Code SS 66492
and 66493 are not applicable to final subdivision Map 7139, and the
Clerk of the Board of Supervisors of Contra Costa County shall not
be required to receive and approve the certificates, statements and
security required under Government Code SS 66492 and 66493 ,
respectively, nor shall such receipt and approval be required as a
condition to transmittal of the final subdivision map to the County
Recorder of Contra Costa County.
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, specific plans, and
said Superior Court Order;
BE IT FURTHER RESOLVED that said Final Map is APPROVED.
I hereby certify that lhls 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: APR ,q 1ggl
PHIL BATCHELOR,Clerk of the Board
of Supervisors andCo my Administrator
BY .Deputy
Originator: Public Works (ES)
cc: Director of Community Dev.
Public Works — Const.
Willow Park Marina
Homeowners Assoc.
P.O. Box 406
Bethel Island, CA 94511
SYM:mg
B09.t4
RESOLUTION NO. 91/209
. MAR 36 '91 09:37 LUNDELL' & SPADAFOP.E 408-297-4345 � P E L
MAR 21 1991
1 TIMOTHY A. LUNDELL, ESQ. S.L. WEIR Ccuntl{ Clerk f
LUNDELL & SPADAFORE Ey CONTRA COSTA Cou m �
2 ATTORNEYS AT LAW t� eputy
1065 Asbury Street
3 San Jose, CA 95126
4 (408)292-1717
ROBERT E. MERRITT, ESQ.
5 McCUTCHEN, DOYLE, BROWN & ENERSEN
Three Embarcadero Center
6 San Francisco, CA 94111
7 (415) 393-2000
Attorneys for Plaintiffs
8
9
10
11
SUPERIOR COURT OF CALIFORNIA
COUNTY OF CONTRA COSTA
12
WILLOW PARK MARINA HOMEOWNERS ) Case No. C90-03414
13 ASSOCIATION, a California Non- )
Profit Corporation, individually } ORDER AMENDING
14 , and in its representative capacity,
JUDGMENT
15 Plaintiff, )
18 }
vs . )
17 BANK OF AMERICA, NT&SA; WELLS FARGO )
BANK, NA; CITICORP SAVINGS, A Federal )
18 , Savings and Loan Association; AMERICAN )
SAVINGS AND LOAN ASSOCIATION; UNION )
19 BANK; LIBERTY LENDING SERVICES; CROCKER }
NATIONAL BANK; US SMALL BUSINESS }
20 ADMINISTRATION; GOVERNMENT FUNDING }
COMPANY, INC. ; CALIFORNIA CANADIAN ) !
21 BANK; BENEFICIAL FINANCE COMPANY; ) C
BENEFICIAL CALIFORNIA, INC. ; BANK OF. )
22 OAKLAND; COUNTY OF CONTRA COSTA; )
CAROLYN S. KRUMLIND£; CARLTON ) '
23
AND RENA COREY; CRIS A. MORTENSEN; )
AUDREY HANES AND JERRY BAUERLEIN, )
24 TRUSTEES; AROL AND MARY WOLFARD; ) `
EUGENE AND GERALDINE JUSTIN; CHARLENE }
25 HALLENBECK; IVAN AND DOLORES OWEN; }
DONALD AND MARY SIMMONS, TRUSTEES; ) I
26 GIONANI AND EVALEE FURNARE; DUNCAN AND )
MARGARET TONNINGSON; EVELYN M. EIERMAN; )
27
1
28
�i
I�
'MAR LS '91 09:39 LUNDELL & SPADAFORE 408-297-4345 P.3
� 1
1 AND ALL PERSONS UNKNOWN, CLAIMING )
CLAIMING ANY LEGAL OR EQUITABLE RIGHT, J
2 TITLE, ESTATE, LIEN, POWER, OR INTEREST )
IN THE .PROPERTY DESCRIBED IN THE )
3 COMPLAINT ADVERSE TO THE TITLE OF }
PLAINTIFF OR TO ANY PERSON ON WHOSE )
4 BEHALF THIS ACTION IS BROUGHT, SAID )
PERSONS NAMED HEREIN AS DOE 1 THROUGH )
5 DOE 500, INCLUSIVE, }
6 )
Defendants. )
7
.8 The Court having read and considered the Application of
9 Plaintiff WILLOW PARK MARINA HOMEOWNERS ASSOCIATION for further
10 relief under the terms of the` Judgment entered herein on January
11 30, 1991, the Court hereby makes the following findings:
12 a) Under the terms of the Judgment, the Court has
13 reserved jurisdiction in this matter to make such . incidental.
14 orders and to amend or expand the Judgment as may be necessary to
15 accomplish the ends of justice and the purposes of this
16 proceeding, provided that no further act of the . Court shall be
17 inconsistent with the terms and conditions of any Stipulation for
18 'Judgment filed herein;
19 b) The requested relief is not inconsistent with. the
20 terms and conditions of any Stipulation for Judgment filed herein;
21 c) The County of Contra Costa is the only defendant in i
22 this action affected by the requested finding of non-applicability
23 of Government Code SS 66492 and 66493 to the requested recordation
24 of the new subdivision map, and the County of Contra Costa has
25 expressly consented to the _granting of the requested relief;
26 d) The provisions of Government Code SS 66492 and
27
2
28
i
i
MAR 26 '91 09:41 LUNDELL & SPADAFORE 408-297-4345 P.4
1 66493 are inapplicable to the final subdivision map sought to be
2 filed for record, as more particularly described in the Judgment,
3 in that a new subdivision is not created thereby nor are any new
4 tax parcels created for entry on the assessment roles;
5 e) The ends of justice and the purposes of this
6 proceeding are furthered by the finding of inapplicability of said
7 provisions of the Subdivision Map Act, in that the Clerk of the
8 Board of Supervisors shall not be required to receive and approve
9 the certificates, statements and security required under
10 . Government Code S§ 66492 and 66493, respectively,p y, as a condition
11 to forwarding the final map to the County Recorder for filing; and
12 f) The requested.clerical correction setting forth the
13correct subdivision and .map number 7139 in the place and stead of
14 the incorrect subdivision and map number 7319, wherever such
15 number appears in the Judgment, does not adversely affect the
16 interest of any party to this proceeding, and the ends of justice
17 are served by . amending the Judgment to effect such correction of
18 clerical error.
19 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND
20 DECREED that the Judgment entered herein on January 30, 1991 is
21 amended and modified to. include the following provisions :
22 1 . Government Code S§ 66492 and 66493 are not
23 applicable to final subdivision Map 7139, and the Clerk of the
24 Board of Supervisors of Contra Costa County shall . not be required
25 to receive and approve the certificates, statements and security
26 required under Government Code SS 66492 and 66493, respectively,
27
28 3
PAR ^26 '91 09:42 LUNDELL & SPADAFORE 408-297-4345 P.5
1 nor shall such receipt and approval be required as a condition to
2 transmittal of the final subdivision map to the County Recorder of
3 Contra Costa County;
4 . 2 . Plaintiff shal1 . cause a certified copy of this
5 Order Amending Judgment to be recorded in the Office of the
6 . Recorder of Contra Costa County, so as to impart constructive
7 notice to all future purchasers and encumbrancers of the units
8 affected hereby that such units, as described in subdivision Map .
9 7139 , are subject to continuity with respect to tax assessment
10 liability of such units as formerly described in Map 4314 : (which
11 map was filed for record on September 12, 1973, in the Office of
12 the Contra Costa County Recorder, in Map Book 1631 at Page 1
13 thereof) ;
14 3 . The Judgment :is corrected to reflect that the
15 correct subdivision and map number 7139 appears in the place and
16 stead of the incorrect subdivision and map number 7319, wherever
17 such number appears in the Judgment or in any attachment thereto;
18 and
19 4 . The Court shall .continue to retain jurisdiction as
20 more particularly set forth in the Judgment heretofore entered.
21
22 Dated: SMR 2110 RICHARD S. FUER
RICHARD S. FLIZZ Judge of
23 the Superi,�rnt� ��,�
i
SVQ
oG
24 ss ddcum n� copy
A:WPMHA.2 8e Oft¢! iie. this
25pf
26
0.0
27 �•.� �,�
4 Supe r. "` ��C'a:cma
28 M an ` T Carts Cast'.
Bp. �.ty C;era
I(
I
. PUBLIC WORKS OOARTMa7
`. CDNTRA COS+A COUNTY
BOARD OATc: 4/1 /q
To:. Clea; of --^e Board/Recorders Office
F'RCM- Pub iis '!orks Oeaar-srent, Engineering Services Oivision
SUBJECT• AFP?-oVa t4Qp ;
The 'olTotvi^g doc=ents,, .ri _`t aoor-,ori3t: 2aa*ld nrIars atz3C6ed and t!is
trans.-,7i t:a1 , s:ia i l ac=.-maany -i na i /?arcll Map rJ- U15! 7119
Recorter' s Or-Tce.
No docurnents re_ui red
( ) Qeferred Inorov_nent Agreement
( ) Of=_r o: Oedica _ion - Roads
( ) Offer o; Oedication - Orainace
( ) Grant Owed of Oievelocment' Rig:;ts
( ) :onsent to Offer of Oedication - Roads
( ) Common Use Agreement
( ) Orainace ?eiease
( ) Rel ofAbu _er-' R h
n � ;c tS
The mao and documents shall be transmitted to the Recorder' s Office
simult_neousiy by f ,, A—.- Title Cor*=eany ( 9`5 - 3�2 ) y
. c �1tc l con pct person
(t_ieancne no. )
r
HOTL TO ZTLE CCKPA.I(Y: PT ease subml t a•auarantee i e_ter and maD.recording' fee
to. t:ie County Recorder at '6.6,.e t:.e -ao and doc=ents are `i l ed wj t.`; `.~e
Recorder' s Vficer.
VOTE To RECORDER: PT ea se ensure _:'at ,.`e docurm,eims i isted adove are at_zched
to t~e mad so .::at t`:e ,aao and doc_rrena can be rec:,,-ded concurrently.
Cr :to
e