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Home My WebLink AboutMINUTES - 07151997 - C9 C. q Recorded at the request of: Contra Costa County Return 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: INSTRUMENT REFERENCE GRANTOR AREA Statement of Obligation MS 11-96 Nichols Revocable WalnutCreek for Private Road Trust, U/A/D Maintenance February 2, 1987 RL:mw hetetrN 09fft that this Is a hue and correct copy of G:\ENGSVC\BO\BO�-15.WPD � stsken and on enteredonshown',-,own',-utee ooft Me Originator: Public Works(ES) { T OR, rk of the board Contact: Rich Lierly(313-2308) of OwAty Administrator cc: Recorder(via Title Co.)then PW Records pegily Current Planing,Community Development Robert I Nichols 99 Post Road,Walnut Creek,Ca 94595 C.9 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 94595 STATEMENT OF OBLIGATION FOR PRIVATE ROAD MAINTENANCE (MS 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 1 of 3 NOW THEREFORE, THE "REMAINDER" PARCEL AND "PARCEL B" PROPERTIES (MS 11-96) ARE OBLIGATED AS FOLLOWS: 1. 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") 3. 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 lot 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. 5. 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 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 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 �� ' 1997. Nichols Revocable Trust, U/A/D February 2, 1987 Robert J. i ols, stee -Cynt is L. Nichols, Trustee Page 3 of 3 Title or type of Document STATE OF CALIFORNIA Number of Pages Date of Document Signer(s) Other than named below County of CO(-\—m4i Ccs On S�'1� �,(SFr 7 before me & v-\l i�6�--, , personally appeared � 2�T iC1'tUC-S fes• C u ir1�T t t-4 eS - I LS 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 (Seal) Notary Public in and for said County and State U a aE:• . K. CUi11�,If IGI-1!;lVl (� mA Comm.#1035317 /� UD01 (Rev.4194) C TAAY M13lIC-CALIFORNIAO CONTRA COSTA COUNTY n F Comm.Expires Aug.7,t 988 .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 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. g Si nature Seal Notary Public in and for said County and State UD01 (Rev.4194) EXHIBIT No *58'32'W NICHOLS REMAINDER-- ,'� F tOM5'53"N [MS 11-961 / 17.18 m /f /�/ . '�• ~ �. .s�' ?mss'' i at ' PARCEL"B„rn rn ' MS 11-961 z a i wt t'St= � '1StX3 \ J t , 1N3W3SV3 3dV3SONVl-lSIX3.s 10 m � + / v t m ANA ftporQ�C Htarac; tiNct,t r �. 3 w69'S fid'113/X3 ?w68'S N o Zt+.£Z.£t N � e ' /� =ra r r x„ ro 1. 3 3 4