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Home My WebLink AboutMINUTES - 03121996 - C3 M - Recorded at the request of. �,3 Contra Costa County Return to: Public Works Department Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 12, 1996 by the following vote: AYES: SUPERVISORS ROGERS, DESAULNIER, TORLAKSON, SMITH NOES: NONE ABSENT: SUPERVISOR BISHOP ABSTAIN: NONE 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 Road Maintenance SUB 7779 St. Thomas Danville Agreement Construction, Inc. 1 hereby certify that this Is a tRle and correct copy of an action taken and entered on the minutes of the Board of Supeftis7 the date shown. ATTESTED: ""y' Ja. ,1q PHIL BATCHELOR,Clerk of the Board ' of superAws and County Administrator Contact: Rich Lierly-313-2348 Originator: Public Works(ES) 0 Deputy cc: Recorder(via Uilohen PW Records Director of Community Development RL:KF:mw g:\engsvc\bo\bo12.t3 WHEN RECORDED MAIL TO ROAD MAINTENANCE AGREEMENT (Tract 7779) This Agreement made this .S- day of fimQ&W , 1996 by the undersigned record title owners, declare that the right-of-way or lands to which such easement is attached, such easement being more particularly defined in Exhibit B, which is attached hereto and incorporated herein by this reference. 1. It is hereby agreed and declared that the owners of Lots 1, 2, 3, 4, 5, 6, 7 and 8 of Tract 7779 shall bear an equal share of any and all costs required for maintenance and repairs of the private road easement described in Exhibit.B, with specifications detailed in Exhibit C, both exhibits are attached hereto and incorporated herein. 2. If any of the lots are split into two or more separate lots this agreement shall be binding upon all subsequent lots. 3. Said road is an easement to be used by all owners of property described in paragraph one above and bounding thereon for ingress and egress and/or utilities. 4. The right of way created by said easements shall be maintained in a good passable condition under all traffic and weather conditions. 5. Repairs on the said private road easement shall be required when the owners of said properties reach an agreement in writing that repairs are needed. Pursuant to said agreement such owners shall obtain three bids from licensed contractor and shall accept the lowest of said three bids and shall then initiate the repairs of said private road easement with each owner bearing his pro rata share of the costs and expenses thereof. 6. Every owner of property who shall in any manner cause or allow said private roads to be used, traversed, or altered by vehicular traffic or otherwise, thereby causing damage to the surface thereof as may be determined by a majority of the owners of property bounding thereon, shall bear as his responsibility the costs and expenses of repairing such damage. 7. If a dissenting owner does not pay his prorata share of costs and expenses immediately upon receiving his bill for the same the remaining owners shall be entitled without further notice to institute legal action for the collection of funds advanced, interest thereon at the current prime rate of interest, until paid, all costs and disbursements of such action, including such sum or sums as the Court may fix as and for reasonable attorney fees. In addition, any legal action would create a personal obligation, not a lien on the property. v.RMA/OG/9-95' EXHIBIT "A" ROAD MAINTENANCE AGREEMENT PAGE 2 NOW, THEREFORE, the said owners declare that the property described in the first paragraph of this agreement shall be conveyed subject to this Agreement and this Agreement shall be a restriction upon the said property and shall be binding upon the undersigned, their heirs, personal representative, successors and assigns. It is the intent hereto that this instrument shall be recorded and that any subsequent transferee of the property or any part thereof,by acceptance of, or delivery of a deed and/or a conveyance of the said property shall be deemed to have consented to and become bound by these terms. TRIDENT ASSOCIATES, a California Limited Partnership By: ST. THOMAS CONSTRUCTION, INC. A California Corporation General Partner By: Date: Its PR SID r State of California ) County of �e on 1// . r; /94 4�' before me, the undersigned PERSONALLY APPEARED, personally known to me ( ) to be the person (.&) whose name(4) is Afe subscribed to the within instrument and acknowledged to me that he fshe � they executed the same in his ' h ' their authorized capacity#e ) , and that by his ' 14 *T,o;r signature (s) on the instrument the person•(64 , or the entity upon behalf of which the person acted, exe uted the instrument. WITNESS MY H DAN CIAL SEAL. i M.A.MARTINO COMM.I OW"4 Signature ' Zedl-(, (Seal) NOTARVPLOLIC-CALWOOM CONTRA COM COUNTY r MY COMM.Exlm MAY 2b.1V9P v.RMA/OG/9-9 ' 0. 3 EXHIBIT "B" ROAD MAINTENANCE AGREEMENT PAGE 3 PROPERTY DESCRIPTION All that Real Property situated in the County of Contra Costa, State of California, described as follows: All of those certain portions of the Private Road Easement shown as Amelia Lane on the Map of Subdivision 7779 as filed 19_ in Book of Maps, at page , in the Office of the County Recorder of the County of Contra Costa, State of California. v.RMA/OG/9-95' EXHIBIT licilC.3 STREET SECTION DESIGN/CHART PAGE 4 CURVE DATA CURVE DEL TA RADIUS LENGTH OESCRIP77ON 1 3 J:30'09" 90.00' 58.91' CEN TERL INC 2 64'48'20" 100.00' 148.01' CENTERLINE 3 50 5433" 24.00' 21.32' BACK OF CURB 4 37'30'09" 102.50' 67.09' BACK OF CURB 0 ROW 5 84'48 20 87.50 129.51 BACK OF CU 8 0 ROW 6 57`.37'08" 70.00' 70.39' BACK OF CURB ® ROW 7 8779'0&" 20.00' 28.39' BACK OF CURB ® ROW 8 41 25'09" 1 112.50' 81.33' BACK OF CURB 0 ROW .37:30'09" 77.50' 50.7.3' BACK OF CURB ® ROW 10 5.3-0; 49" 24.55' 22.76 BACK OF CURB PAVEMENT DESIGN CHART STREET FROM TO T1 R I AC AB OUKTN6y IARACK RD. LOT u14£12 a.5 o.17' GOT LINE Yz EAST EWO 4.0 0.17' 25.00' 2: 1 MAX. 2.5' 10.00' 10.00' 2.5' W EX. GROUND 4 Q J 3 oti �j c1U 17 A.C. 4>- v A`•"LASS // A.B. 0Op°O°p°000°O°00000 O O 00°00000°000°O O O O 94000°O 00000°000 O " ROLL CURB. & GUTTER— ° 0000000°O°00O°0000 000 00 rC=0.47'+ PVMT. (CL) 0 0 opo4 (SEE DC TAIL) 90Z COMPACTED SUBGRADE TYPICAL STREET SECTION PAVFNFNT SEGT/O.V !3 y`R't/q�u NO SCALE