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Home My WebLink AboutMINUTES - 04061999 - C20-C21 Recorded at the request of: Contra Costa Courcy Public Works Der_artrrent Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on April 5, 1999, by the following vote: AYES: SuPervisors Gioia, Uilkema, Gerber, DeSaulnier and Canciamilla NOES: None ABSENT: Norse ABSTAIN: None RESOLUTION NO.: 99/156 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED FOR RECORDINT G ONTLY: ENS TRL"MENT REFERENCE aRANTOR AREA Statement of Obligation MS 3-92 Troy Bartz Martinez for Private Road Maintenance RL:mw I hereby certify that this is a true and Correct GAGtpDsta\EngSvc\B0\l999\B0 4-6-99.doc copy of an action taken and entered on the Originator: Public Works(ES) minutes of the Board of Supervisors on the Contact:Rich Lierly(313-2348) date shown. , , ce: Recorder(via Title Co.)then PW Records ATTESTED- Current TTESTER: �y j ��,��{ CurentPlaning,Comm=ityDevelopn=t PHIL BATCI-14LoR, Clerk of the Board of S711,!', rvisor and County Administrator By .- Deputy C�0 -C Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Troy Bartz 2779 Franklin Canyon Rd. Martinez,CA 94553 Area: Franklin Canyon Project: Subdivisions MS 3-92 .Assessor's No.: 362-190-003 STATEMENT OF OBLIGATION FOR PRIVATE ROAD MAINTENANCE This agreement is entered into this 23d day of March, 1999 by owners of properties located along Fire Road 3-24 which is approximately 500 feet long and currently includes the following legal addresses as follows:2775,2777,2779,2781,2785,2789,2793 Franklin Canyon Road.In addition this agreement also includes the private road serving 2779 and 2781 Franklin Canyon Road. Said roads and rights-of-way(not to be exclusive)are for use as roadways for vehicles of all kinds, 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 roadways.The roads and utilities within the easements shall be maintained and kept in a good,safe,passable condition at all times for the uses provided above. Page 1 of 4 Now therefore,the parties hereby agree as follows: 1. The cost of maintaining the private roadways or easements serving the properties herein above referred to shall be shared by the owners of each of said properties in proportion to the use made of the private roadways by each owner. 2. For the purposes of this statement,the use made of the private roadways shall be in direct proportion to the distance between Franklin Canyon Road and the driveway serving each of said parcels(See attached 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 roadways. 4. The question of whether the roads are in need of repair or maintenance,and the person or persons who shall make said repairs or maintenance,shall be decided by mutual consent of the participating owners of said properties as identified within this agreement. S. Additional improvements to the private roadways may be determined by a majority vote of all the owners and or their representatives. 6. Owners of each property will be solely responsible for the maintenance of their own driveways. 7. In the event any person owning one of the properties subject to this agreement shall refuse to pay his/her proportionate share of any costs of repair or maintenance,then the remaining owners may pay said costs.This cost shall become a lien on the lot of the defaulting owner by 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. .Page 2 of 4 8. This agreement is intended to run with the land,and shall be binding on the successors in interest to the parcels involved. Executed this 23`d day of March, 1999. Owner,2775 Franklin Canyon Road Date: Owner,2777 Franklin Canyon Road Date: Owner,2779 Franklin yon Road Date: Own 1• arFranklin Con Road Date.. /2-J Owner,2785 Franklin Canyon Road Date: Owner,2789 Franklin Canyon Road Date: Owner,2793 Franklin Canyon Road Date: Page 3 of 4 EXHIBIT A RAILROAD TRESTLE PRIVATE ROADWAY (SHADED) 2775 & 2777 WOOD PROPERTY PRIVATE ROADWAY TO 2779 &2781 (MS 3-92) BARTZ PROPERTY 2783 FRAZIER PROPERTY 2785 & 2789 CHAPMAN PROPERTY State of California ) County of �bN t t . d'xs` ) S�� m ,4_ p�-p 16 trp� VA On emee before me, �-- personally appeared r SalJJ 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 authoriz- ed 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 and a d official s mow,.ama {SAVE KELLEY QMV COMM.01t 600 Signaturee C NTRA cosTA couNIYroRM#1069/4 Comm.Expores Ji�L b.1944 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on April 6, 1999, by the following vote: AWES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Ganciamilla NOES: None ABSENT. done ABSTAIN: Norse RESOLUTION NO.: 99/157 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 84-90, Martinez area. The following documents were presented for Board approval this date: 1. Map The Parcel Map of Subdivision MS 84-90,property located in the Martinez area, said map having been certified by the proper officials; L. Subdivision Agreement A subdivision agreement with Mary Rose, subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $1,000.00 Deposit made by: Mary Rose Auditor's Deposit Permit No. and Date: 328915 (March 18, 1999) B. Surety Bond Bond Company: Developers Insurance Company Bond Number and Date: 521174 S Performance Amount: $12,300.00 Labor& Materials Amount: $6,665.00 Principal: Mary Rose SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 84-90, Martinez area. DATE: April 6, 1999 PAGE -2- V. Tax Letter Letter from the County Tax. Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1998-1999 tax lien has been paid in full and the 1999-2000 tax lien,which became a lien on the first day of January 1999, is estimated to be $1,000.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: Developers Insurance Company Auditor's Deposit Permit Number and bate: DP 328406 (March 15, 1999) Amount: $1,000,00 Paid by/Principal: Mary Rose 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 and specific plans; BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. R :JC:n)W i hereby ce.t.fy that this is a true and correct G:AGrpDats\EngSv6B0\l999W 4-6-99.doc copy of an acV.on taker., and entered Can the rninutos of the Board of Supervisors on the Originator:a Contact: Public Works 13-2 date shown.- Caatact: Rich�ieriy(313-2348 cc: Public Works-R.Bruno,Construction !TTESI ED: Current Planning,Community Development PHIL BATCH E..OR. Uerk of the Board I—February 6,2000 of qupervisors an County Adrr"inistrator Mary Rose 5 891Developers Atrs Insu Valley Road,Martinez,CA 94553 � ,g✓Yl. Deputy Ceve.opers Insu+-ance Company �° m 17780 Fitch Avenue,Irvine,CA 92614