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HomeMy WebLinkAboutMINUTES - 07172001 - C.13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 17, 2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RFSnI,UTinN NO, 2001/ 322 SUBJECT: Approval of the Parcel Map for Subdivision MS 6-94, Concord area. The following document was presented for Board approval this date: The .Parcel Map of Subdivison IVIS 6-94, property located in the Concord area, said map having been certified by the proper officials; Said document was accompanied by: I. A letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said rnap and that the 2000- 2001 tax lien has been paid in full and that the 2001-2002 tax lien, which became a lien on the first day of January, 2001, is estimated to be $3,500.00: ff. Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code, in the form of a certificate of deposit, Account No. 353403050308, issued by U.S. Bank with Richard A. Kerr as depositor, in the amount of 53,500.00 guaranteeing the payment of the estimated tax; 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. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. GAGrpData\EngsvQ\B0',1001\1307-17-0l.doc ATTESTED: JULY 17, 2001 JD:lap JOHN SWEETEN,Clerk of the Board of Supervisors and County Originator:Public Works(ES) Contact: Joseph DiNtaggio(313-2345) Administrator cc: Public works-Transportation((if vallic mitigation)) Current Planning.Community DcVelopmentBy Deputy RESOLUTION 2001/ 322 .Tax Collector's'Office• William J.Pollacek Ai 625 Court Street Contra County Treasurer-Tax Collector Gi Finance Building, Room 100 P. O. Box 631 Joseph L. Martinez Martinez, California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX `'7 Tax Operations Supervisor pw:hl4'..:E_1 lgri - ST'S COUK� Date: 6/28/2001 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 94-6 CONCORD 79172 Parcel#: 116-120-048-8 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2000-2001 tax lien has been paid in full. Our estimate of the 2001-2002 tax lien, which became a lien on the first day of January, 2001 is $3,500.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WI I M J. O A K Tr su er-T x II ctor By: U.S. Bank, National Association CERTIFICATE OF DEPOSIT U.S. BANK, CONCORD BLVD OFFICE AGREEMENT & RECEIPT MEMBER FDIC NON-TRANSFERABLE BANK/BRANCH NO: 926 103889 DEPOSITORIS) ACCOUNT NO: NAME AND ADDRESS 353403050308 RICHARD A KERR W/ASSIGN TO CONTRA COSTA COUNTY TAX COLLECTOR AUTOMATICALLY RENEWABLE 1790 ELLIS ST APT 22 THIS CERTIFICATE WILL AUTOMATICALLY RENEW AT MATURITY. CONCORD CA 945202747 SOCIAL SECURITY NO: 481-38-0114 DATE OF DEPOSIT: 02/20/01 INTEREST RATE: 5.48000% DEPOSIT AMOUNT: $3,500.00 ANNUAL PERCENTAGE YIELD: 5.51% YOUR ACCOUNT WILL MATURE ON: 07/20/02 DATE: YOUR ACCOUNT WILL MATURE IN: 17 MONTHS BOND READ AND APPROVEDCONTRA COSTA COU M g INTEREST WILL BE COMPOUNDED AND CREDITED annually T RER , [COXaMTOR INTEREST WILL BE PAID OUT BY CHECK DY. TRANSFER TO ACCOUNT TERMS The interest rate and annual percentage yield for your account are indicated at the top of this document. You will be paid this rate until the maturity date of the certificate. The annual percentage yield assumes interest remains on deposit until maturity. A withdrawal will reduce earnings. The interest rate on your account may be adjusted upon renewal. Interest begins to accrue on the business day you deposit noncash items (e.g., checks). We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. * This account will automatically renew at maturity. You will have a grace period of ten (10) calendar days from the maturity date to withdraw funds without penalty. If the amount withdrawn is deposited into another time certificate at this bank within that ten (10) day period, interest will be paid during the ten (10) day period at the rate applicable to the new certificate. The bank may upon not less than 30 days written notice elect to call this certificate for payment on a maturity date. This certificate is an agreement to keep funds on deposit with the bank until the current maturity date. Except as required by law, withdrawal prior to maturity will be permitted only with the consent of the bank which may only be given at the time of withdrawal. * Except as Prohibited by law, we will impose a penalty if you withdraw any of the deposited funds before the maturity date. The penalty will be assessed on the amount withdrawn. The fee imposed will equal: Three (3) months interest on accounts with terms less than one (1) year; Six (6) months interest on accounts with terms one (1) year or greater. ■ You may not make deposits into your account until the maturity date. You may make partial withdrawals from your account prior to maturity; however, except as prohibited by law, we will impose the early withdrawal penalty on the amount withdrawn. The minimum withdrawal amount is $1,000. If a withdrawal is made, your remaining balance must meet minimum opening balance requirements. Partial withdrawals are not allowed on accounts with balances $100,000 and over. * This deposit.is not transferable. This certificate may not be paid to any person other than the named depositor(s). Any person requesting payment of this certificate will be required to establish to the satisfaction of the bank, that (s)he is the depositor. P CDFMAR(HPI Rev. 1/98 i +R'- ' N 'y.. . � � � I f T• r , �.. ` -e ... 4 i t 7 7 y J _ � I I � � i I . . �I I I I fk. � .. .. ... .... � .. .. a.. .. �'t��,.,a t.... . .. .... .. ..b wi±l� ... ...... �I ' .t: � .. � � � .I I � i 1 1 ' i 1 1 t t t i r I I I i j i I i i li i ;I i li I ' �f i F LIC WORKS DEPART' CONTRA COSTA COUN T BOARD DATE:. 07- /"7-- 2-0o ) TO: Clerk of the Board �TEti1 tic,'IG� �P. 1 Z- FROM: Public Works Department, Engineering Services Oivisian SUBJECT-- The UBJECT:The `allowing documents , with appropriate Board Orders attached and this transmi teal , shal 1 accompany . /Parcal Map /11J to the Count Recorder' s Office. ( ) No documents required ( ) Deferred Improvement Agreement ( ) Offer. of Dedication - Roads ( ) Offer of Dedication — Drainage ( ) Grant Deed of Oevelooment Rights ( ) Consent to Offer of Oedication - Roads- Cannon oadsCannon Ilse Agreement ( ) Drainage Release ( ) Relinquishment of Abutters' Rights- (>4 Other ITEC L.4AA7IoAj AN0 )uo7j C 06ARA ORDER) /Nv 0 aARo a�oF)e ?STC-MEIOT OF OGLIG�4T(ol) SUR PRiuA`tE k0A-P A14iA.) TF CF The map and documents shall be transmitted to the Recorder' s office simultaneously by PLA G ER Ti tl e Company ( po�jA)A M A L j UJB(7; 92 s- 945- 1710) . con-Lact person (tale none no. ) Tl TLE C014FM Y OffCP ,UClAtCCC :-6 j S 3 S S 3 NOTE TO TITLE COMPANY: Please submit a guarantee letter and map recording fee to the County Recorder at the time the map and documents are. filed with the Recorder' s Officer. NOTE TO RECORDER: Please ensure that the documents listed above are attached to the map so that the map and documents can be recorded concurrently . CL:19 AFTER RECORDING,RETURN TO Richard Kerr 1790 Ellis St. #22 Concord, Ca. 94520 DECLARATION AND NOTICE The undersigned, as owners.of the property described as follows: Parcels A, B, C and D, as shown on the Parcel Map for Subdivision MS 6-94, filed , in Parcel Map Book , Contra Costa County records, notifies all persons and/or entities acquiring an interest in said property that the following conditions and/or restrictions may exist on said property: 1. Parcels A,B and D are subject to a$1,000 police service district fee payable at the time of building permit issuance. 2. A fire hydrant is to be installed at the end of Debra Lane to an existing Contra Costa Water District 3"water main by the owner of Parcel D prior to beginning home construction on Parcel D. Compliance with said restrictions and/or conditions are the responsibility of all future owners, successors and heirs. This disclosure statement shall be attached to and run with the deed to each lot of the herein-described real property. Dated 3za 1999 Rich Kerr Paula M. Kerr .... . ...... CALIFORNIA .... ...... . ...... • 51.1 h-A 2 ALL-PURPOSE tam ........... ACKNOWLEDGEMENT .......... STATE OF CALIFORNIA COUNTY OF On <3 'I Al before me, L0 i'm NAME, TITLE O� F FF�CER_�' DAT NAME,TITLEOF FFICER-E.G., "JANE DOE,NOTARY PUBLIC" personally appeared, RlC� JKQ) personally known tome(or proved tome 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 t 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. W'. ............... j Tamra J. Jacobs 0 Comm. #1163438 WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA) CONTRA COSTA COUNTY Comm. Exp. Nov. 27.2001 ' (SEAL) NOTARY PU&IC-eIG E OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE CEO RECORDED AT THE REQUEST OF: RETURN TO: Richard and Paula Kerr 1790 Ellis St. 422 Concord, Ca. 94520 Project: Subdivision MS 6-94 Assessor's Parcel No.: 116-120-048-8 STATEMENT OF OBLIGATION FOR PRIVATE ROAD MAINTENANCE THIS STATEMENT by the undersigned, declares that Richard A. Kerr and Paula M. Kerr, husband and wife, as joint tenants, are the record title owners of the parcels of land over which a road and easement are located. Such easement and parcels being more particularly delineated on the Parcel Map for Subdivision 6-94, recorded ,1999, in Contra Costa County Parcel Map Book at Page Said road and easement (not to be exclusive) are for use as a roadway 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, said owners declare that this statement is for maintenance and repair of said roadway, the..road and utilities within the easement shall be maintained and kept in a good, safe, and passable condition at all times for the uses provided above. NOW THEREFORE, it is hereby stated that the owners of the above referred-to property hereby obligate Parcels A,B and D of Subdivision MS6-94 as follows: 1. The owners of Parcels A, B and D of Subdivision 6-94, their heirs and assigns of each recorded parcel herein-described, and being served by said roadway shall share the maintenance, repairs and upkeep of said roadway in accordance with the provisions of Section 845 of the California Civil Code. 2. Said roadway shall hereafter be maintained and repaired by said owners so as to keep said roadway in a good, safe, and passable condition at all times for uses set forth above; and that repair work shall be performed on said roadway whenever deemed necessary by the majority of the owners or their heirs or assigns of property lying within, and being served by said roadway, 3. The parcel owners shall be responsible for obtaining contracts for all maintenance and repair of the road and utilities in the easement and supervising the performance of the work. The execution of a contract by owners, owning a majority of the parcels in the minor subdivision, shall bind all of the owners to such contract. Each parcel owner shall have one vote, and all parcel owners must be notified that there is an election. Each parcel owner shall contribute a proportionate share (proportionate share in this context is meant to mean that if there are three parcels covered by this agreement, then each parcel owner must pay 1/3 or 33 1/3%of the costs) of the contract amount. Upon execution of the contract and prior to the commencement of work by the contractor, each parcel owner shall 2 pay their proportionate share by issuing a check in the appropriate amount, made payable directly to the contractor. If a contract requires that any payment be made to the contractor in advance of completion of the work,then each parcel owner, upon execution of the contract, but prior to commencement of the work, shall issue a series of checks, each payable directly to the contractor representing their proportionate share of the installments due under the contract. The parcel owners shall select one individual who shall hold such payment checks, uncashed, and deliver them directly to the contractor as payment for work under the contract becomes due. 4. Whenever possible, contracts for maintenance or repair shall expressly provide that a mechanic's or materialmen's lien shall be recorded against only the parcels of the owners who have failed to make their .proportionate contributions as referred to herein. The parcels of owners who have paid their proportionate share of the contract amount shall be free of any such liens, and the owners of said parcels shall be entitled to lien releases upon such payment. Should additional parcels be created within Parcels A, B and D of--Subdivision MS6-94, the owners of such parcels shall also be'bound by this statement. 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 majority voteof the owners of parcels affected. in the-event of a tie vote, those owners holding the maximum proportionate interest by parcel area shall prevail. This statement maybe modified by a majority vote of the parcel owftrs. 3 This statement constitutes covenants running with and reciprocally benefiting and burdening each parcel of land described herein as Parcels A, B and D of Subdivision MS6-94. Executed on 2 // 11999. 4RIii c Ihna r dA,�K,%,Kerr, OAw n er Paula M. Keir, Owner 4 CALIFORNIA ALL-PURPOSE ACKNOWLE. -MENT State of /► I OPTIONAL SECTION County of CO n-trc' fit,=t CAPACITY CLAIMED BY SIGNER wtEI1 �o oE,IM _ tJ�.��Y �i 1 Ll1�YlS fWIntTtwWhstatute loes��onjay Notary to o ARY Tal In the data txfow, Y Prove ta- rsona appeared 1�" .l{r[� ; a pc� lie r�' valuable to persons relying on the document. M pI document- ER(5) ❑INDIVIDUAL p CORPORATE OFFICER(S) ❑personalty known to me-OR-t3/provided to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware 17 subscribed to the within instrument and p PARTNER(S) p LIMITED acknowledged to me that hefsheAhey 0 GENERAL WDENSE L.WILLIAMS executed the same in his/hedtheir pATTORNEY-INTACT OMM.•12056)4 authorized capacity m),and that byO TRUSTEES) Y PUBLIC-CALIFORNIA his/her/their signatures)on the p GUARDIAWCONSERVATOR RA COSTA COUNTY instrument the persons)or the entity pOTHER.EXP.DEC.21,2002 upon behalf of which the person(s) acted,executed the instrument NESS my ban an fficial seal, SIGNER REPRESENTING: I AA OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE twgr pew.i�b4 Y p.Iwr M/.p�M ` �san.rt rd orld p.wl Wblt w.edm.it d/:.{ung INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply withthe following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must sign exactly as it is typed or printed. II. SIGNATURES FOR INDMDUALS-,The name must be signed exactly as it is printed or typed. The signet's interest in the prope mu s . Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general-partner or be authorized in writing to have e authority o sign for and Unde partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. p1woM1Arwbry.ne..r 7184