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HomeMy WebLinkAbout072-430-014072 -93® -ON CERTIFICATE OF COMPLIANCE AP # 072.- 430-0 14 17, Department C o u n t i j. micnaei g -rump, uirector Warner C. Phillips, Assistant Director October 11, 2002 Rose D. Pittman P.Q. Box 846 Oroville, CA 95965-0846 Re:Certificate of Compliance AP 072-430-014 Dear Ms. Pittman: Public f B u t Works LAND DEVELOPMENT DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7266 (FAX) 538-7171 Enclosed please find the Certificate of Compliance that was issued by the Butte County Development Review Committee and recorded on September 10, 2002, under, Serial Number 2002-0047062, in the office of the Butte County Recorder. Also enclosed is your Road Maintenance Agreement that was recorded on September 10, 2002, under Serial Number 2002-0047063. If you have any questions concerning this matter, please contact this office at (530) 538-7266, Monday through Friday, 8:00 a.m. to 4:00 p.m. Sincerely, . 9a Stuart Edell Manager, Land Development Division SE/kp Enclosure cc: /Environmental Health Department Building Department Planning Division, ATTN: Larry AFTER RECORDING RETURN TO 210'mi2-010f+7062. Butte County Public Works Dept. Recorded I REC FEE 10.00 LAND DEVELOPMENT DIVISION Official Records I County Of I 7 County Center Dr. BUTTE I Oroville, CA 95965 CANDACE J. GRUBBS I Recorder I ROSEMARY DICKSON I Assistant I Fay 11:44M10 -Sep -200P I Page i of 2 CERTIFICATE OF COMPLIANCE Assessor's Parcel Number: 072-430-014 This Certificate of Compliance is hereby issued by the County of Butte to certify that the land division that created the parcel of property identified below complies with the applicable provisions of the Subdivision Map Act and of Chapter 20 of the Butte County Code. Issued to: Rose D. PITTMAN P.O. Box 846, Oroville, CA 95965-0846 Property Location: On the South end of Fire Camp Road approximately 100 feet Southeast from its intersection with Wayman Lane. Black Bart area. Description: All that certain property located in the County of Butte, State of California, more particularly described in attached EXHIBIT "A". This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. Issuance of this Certificate is conditional upon the following condition(s) which have been imposed pursuant to the Butte County Code Chapter 20-166 and Government Code, Section 66499.35 (b), to protect the public health and public safety: N 0 N E State of California, County of Butte, on September 9, 2002 �, before me, Thomas L. Blixt, Notary Public, personally appeared, Stuart Edell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. THOMAS L. BLIXT, NOTARY PUBLIC THOMAS L BLDcr Commisal 01371740 Notary Pubk - CaftrMa Butte County My Comm; Eames AuD 25.2006 . County of Butte Development Review Committee CHAIRMAN CERTIFICATE OF COMPLIANCE - Page 2 ROSE D. PITTMAN AP 072-430-014 "EXHIBIT "A" All that certain real property situate in the County of Butte, State of California, described as follows: A portion of parcel 11, as shown on that certain parcel map, recorded in the office of the Recorder of the County of Butte, State of California, on January 31, 1972, in Book 40 of Maps at pages 93, 93A and 93B, amended map recorded on March 3, 1975, in Book 55 of Maps at pages 66, 77 and 68, more particularly described as follows: COMMENCING at the Southeast corner of Section 25, Township 19 North, Range 5 East, M.D.B. & M.; THENCE along the East line of said Section 25, North 010 28'47" West 991.57 feet; THENCE leaving .said East line, South 890 01'46"' West 982.17 feet to the TRUE POINT OF BEGINNING for the parcel of land herein described; THENCE from said TRUE POINT OF BEGINNING, continuing South 890 01' 46" West 491.09 feet to an angle point in the West line of said parcel 11, in the centerline of a 60.00 foot wide road, as shown on said parcel map; THENCE leaving said centerline and along the Westerly line of said parcel 11 South 040 43' 59" West, 1,000.49 feet to the South line of said Section 25 in the centerline of aforesaid 60.00 foot wide road; THENCE leaving said road centerline and running along the South line of said Section 25, North 880 53' 04" East, 527.16 feet to a point which bears South 020 40' 28" West from the TRUE POINT OF BEGINNING; THENCE North 020 40'28" East 996.22 feet to the TRUE POINT OF BEGINNING.. RIGHTS of way for road and public utility purposes over the roads, as shown on that certain parcel map, recorded in the office of the Recorded of the County of Butte, State of California, on January 31, 1972, in Book 40 of Maps at pages 93, 93A and 93B, to Black Bart Road. END OF DOCUMENT I Road: Project: 2 A.P. No.: 3 Ic! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 After Recording Return To: Butte County Public Works LAND DEVELOPMENT DIVISION 7 County Center Drive Oroville, CA 95965 2 002 — 0 0 4 7 06 3. Recorded I REC FEE 19.00 Official Records I Cou_ntyE EE f CANDACJJ* GRUBBS I Recorder I ROSEMARY DICKSON I Assistant I Fay 11:44AN 10 -Sep -2002 I Page 1 of 5 ROAD MAINTENANCE AGREEMENT WHEREAS, .each of the parties hereto owns one or ' more lots within the subdivision described or depicted in Exhibit "A" that will be benefitted by the roadways, utilities and drainage facilities on easements described on Exhibit "A" attached hereto and incorporated herein: NOW THEREFORE, it is mutually agreed by the Parties hereto as follows: 1. Proportionate Payment of Expenses. For so long as' the above-mentioned roadways, utilities and drainage facilities ("works") shall exist in private ownership, the Parties hereto, their successors and assigns, shall bear the expenses of the reasonable maintenance and repair of such works. It is agreed that the costs of maintaining said works shall be paid by the Parties hereto, their successors and assigns, in proportion to the number of lots/parcels owned by each owner and/or their successors and assigns, and each owner will, upon written demand, contribute and pay his proportionate share of any monies paid out or of any obligation incurred for the reasonable maintenance or repair of said works under the terms and conditions as set forth herein. 2. Reasonable Maintenance and Repair Defined. "Reasonable maintenance and repair" shall include such maintenance and repair as is necessary to maintain said works in good, usable condition under all traffic and weather conditions, but shall not include the enlargement of said works. This agreement shall not be construed to require any owner to contribute to the cost of any enlargement of said works. 1 1 2 3. Majority. Agreement Conclusive; AcceQtinq Low Bid. For the purposes of this agreement, the written agreement of the owners of a 3 majority of the lots/parcels to the effect that specified repair or maintenance work is necessa 4 ry 5 shall be conclusive on the remaining owners. Pursuant to said majority written agreement, 6 agreeing owners shall obtain three bids from licensed contractors and shall accept the lowest of 7 said three bids and shall then initiate the necessary repair- or maintenance work. Each owner of a 8 lot/parcel within the subdivision shall bear his or her pro rata share of the costs there, regardless whether such owner shall have concurred in said majority agreement or not. 9 4. Responsibility for Damages. 10 Every owner who shall cause or allow, said works to be damaged, excluding fair 11 wear and tear from normal usage, as may be determined by the owners of a majority of the 12 lots/parcels, shall bear as his or her responsibility the costs and expenses of repairing such 13 damage. 14 5. Collection Action; Attorney Fees. 15 If any .owner shall fail or refuse to pay his or her pro rata share of the costs of . 16 maintenance and repair work or damages hereunder within 30 days of a bill for the same being 17 18 mailed to him or her, any other owner shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such defaulting owner for the necessary 19 maintenance and repair work in accordance with the provisions of law, including but not limited to 20 California Civil Code Section 845. The prevailing party in such action shall be entitled to recover in 21 addition to the funds advanced, interest thereon at the current prime rate of interest, until paid, all 22 costs and disbursements of such action, including such sum or sums as the court may fix as and 23 for reasonable attorneys' fees. 24 6. Maintenance and Repair Account. 25 The owners of a majority of the lots/parcels may authorize the creation of a 26 maintenance and repair account in a savings and loan association or bank. Monies deposited 27 28 2 1 therein shall be expended only for maintenance and repair of the above referenced works, and the 2 number of signatures required to withdraw monies shall be specified at the time said account is 3 authorized. 4 7. Receipts. 5 6 Receipts forall monies received and of all expenditures made shall be preserved and made available for inspection and copying by any owner, in person or by agent, for a period of 7 one year. 8 8. "Owner" Defined. 9 10 The word 'owner", as used herein, shall mean one person in whom sole title is 11 vested. It shall also mean two or more persons who hold a unity of interest as joint tenants, as 12 tenants in common, as partners, or as husband and wife with title vested "as their community 13 property." For the purpose of determining if the owners of a majority of the lots/parcels are in 14 favor of a proposal, the affirmative vote of any spouse, joint tenant, or tenant in common shall constitute approval by that lot/parcel, irrespective of the number of co-owners of that lot/parcel. 15 9. Termination. 16 17 This agreement may be terminated at any time by the vote of the owners of two - 18 thirds of the lots/parcels or by acceptance of the road by a governmental agency as a public road to be maintained by said agency for public road purposes. Upon termination of this agreement, 19 any monies remaining unexpended shall be distributed to the then owners of all lot/parcels in the 20 same proportions as received. 21 22 10. Covenant Running with Land: Bindina on Successors. This agreement is to be construed as a covenant running with the land, and it is 23 24 further understood and agreed that this agreement shall inure to and bind the successors in interest of the lots/parcels owned by all the parties hereto, whether by way of sale, assignment, 25 inheritance or otherwise, and it shall be applicable to such smaller lots/parcels as may be created 26 by subsequent divisions of said lots/parcels. 27 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Signature ,�C)s-e-. I , R'% N Typed or printed name of owner ?-0, 16r B46 O UI LL� Owner's Address 20�, w Signature. Typed or printed name of owner Owner's Address ALL SIGNATURES MUST BE NOTARIZED. 9 - Date Lots/Parcels Owned CA q s 9 6 - Date Lots/Parcels Owned State of California, County of _�u , on .q, CMZ , before me, personally appeared,j cc personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(( whose named is/are' subscribed to the within instrument and acknowledged to me that K/she/tW executed the same in �K/her/ttr authorized 'capacity(les), and that by kft/her/lbeir signature(s'f on the instrument the personA, or the entity upon behalf of which the persoak4 acted, executed the instrument. WITNESS my hand and official seal. D:\Land Dev\Forms\Road Maint Agreement 0 WINDY HILL V - NOTARY PUBUC-CAUFORNIA BUTTE COUNTY 0 COMM. D(P. DEC. 3, 2DO5 i EXHIBIT A All that certain real property and road easements shown on that certain amended parcel,map for D. &.C. Enterprises, Inc., filed for record in the office of the Recorder of the County of Butte on March 3, 1975, in Book 55 of Maps at Pages 66, 67 and 68.