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HomeMy WebLinkAboutMINUTES - 07161996 - C12 Recorded at the request of: • Contra Costa County Return to: Public Works Department Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 16, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 96/312 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 Private Road MS 9-94 Robert A. Guise Knightsen Maintenance Agreement KF:mw akin W tnttnd an ow to Mk*An at-ft of sww'40W ft dW g:\engsvc\bo1bo16.t7 ATrESTM. on /&,0/01rdl(C' PM SATCH9WK CWk of go bud Originator: Public Works(ES) of Swwvbm and COWIVAMkilwaftr Contact: Kathleen Fudge(313-2249) cc: Recorder(via Tide Co.)then PW Records yrChi" Director of Community Development 6r WHEN RECORDED MAIL TO: Robert Guise 125 Eagle Lane Brentwood,CA 94513 ROAD MAINTENANCE AGREEMENT The party(ies) hereto is/are owners of lots or portions of Parcels A and B as designated on the map entitled "Subdivision MS 9-94, Contra Costa County, California"which was filed in the office of the County Recorder on , in Book of Parcel Maps, Page The method of ingress to and egress from said parcels is by way of Eagle Lane, a private roadway, which traverses the northern property line of said parcels. It is the desire of the party(ies) hereto to enter into an agreement for the preservation and maintenance of said roadway. NOW THEREFORE, THE PARTY(IES) HERETO AGREE AS FOLLOWS: 1. The cost of maintaining Eagle Lane along the frontage of said parcels shall be shared equally by the owners of each of said parcels. 2. In the event that any of the property subject to this agreement is divided into two or more parcels, each parcel shall be treated for the purpose of this agreement as if it were a separate lot and it in turn shall be equally responsible for its share of the cost of maintaining Eagle Lane along the frontage as herein defined. 3. The question of whether the road is in need of repair and the person or persons who shall make the repair shall be decided by a majority vote of the parcels affected. In the event of a tie vote, those holding the maximum proportionate interest shall prevail. ,o 4. In the event any person owning one or more of the loth subject to this agreement shall refuse to pay his proportionate share of any cost of repair or maintenance, then one or more of the remaining owners may pay said cost, 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 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. Date: fzsoz 6 Robert Guise Date: S v71 ca a.k.a. Robert A. Guise ATTACH NOTARY ACKNOWLEDGEMENT State of California County of Contra Costa On May 30, 1996 before me, K. MacKenzie, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Robert Guise aka Robert A. Guise NAMES(S)OF SIGNERS) ( )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 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. K. MAC KENZIE WITN S my hand and official seal. IL ���, COMM. 1092095 000 NOTARY PUBUC-CAUFORNiA '0 CONTRA COSTA COUNTY ,L My Comm.Expires Mar.22,2000 SIGNATURE O OTARY DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT(OPTIONAL) State of County of On before me, DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared NAMES(S)OF SIGNER(S) ( )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 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. WITNESS my hand and official seal. SIGNATURE OF NOTARY DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT(OPTIONAL)