HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-558 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 13 2005 by the following vote;
AYES: Gioia,Piepho,DeSaalnier,Glover and Uilkema
NOES: None'
ABSENT: None
ABSTAIN: None
IESOI ,U'Tllt�T N �?IlSIIQ
*
SUBJECT: Approving the Second Extension of the Subdivision 'Agreement for Minor
Subdivision 93-00021,Diablo arca. (District III)
The Public Works Director having recommended that he,be authorized to execute the second
agreement extension which extends the Subdivision Agreement between Harold W. Smith and
Martha-Lee Smith, Declaration of Trust May 23 1979,and the County for construction of certain
improvements in Minor Subdivision.93-00021, in the Diablo area, through August 5, 2006;
♦ APPROXIMATE PERCENTAGEOF WORK COMPLETE: 0%
♦ ANTICIPATED DATE OF COMPLETION: July 30,2006
♦ REASON FOR EXTENSION: Estate planning of Trust
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
JD:rrm I hereby certify that this is a`true and correct copy of an action taken
c:�GrpData\EngSvc\Bo\2005\09-13\Ms 93-OW21 aa-1l.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: S.Gospodehikov(313-2316)
cc: Public Works-T.Heil,Construction>
ATTESTED:
CutfentPlanning,cotnnunityDeveloptnent JOHN SWEETEN, Clerk of the Board of SupervisorsandCounty
T-July 5,2006
Harold W.smith and Martha-Lee smith Adrninistrator
Declaration ofTrust,,May 23,1979,
c/o Diablo Valley Estate Company,LLC'
101 Ygnacio Valley Road,Ste 330
Walnut creek,CA 94596 By ,Deputy
indeity Company ofCalifornia
11780 Pitch Street,
Irvine,CA 92614
Attn;Sharon J.Rusconi
RESOLUTION NO.2005/ ``
CONTRA. COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: Minor Subdivision 93-00021
Developer: Harold W. Smith and Martha-Lee Smith
Declaration of Trust Dated May 23,1979
Original Agreement Date: August 5 2003'
Second Extension New Termination Date: August 5,2006
Improvement Security
Surety- Indemnity Company of California
Bond No. (Date): 5651435(July 9,2003)
Secur Tyhe Securitv Amount
Cash: 51,125.00 (1% cash, $1,000 Min.)
Bond. 5111,375.00 (Performance)
S 56,250.00 (Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety eb ee thereto and aelmowledge same. !
Dated:
Dated:
Principal/Developer;
HAROLD W.SMITH AND MARTHA-LES SMITH;
DECLARATION OF TRUST MAY 23,1979
FOR CONTRA COSTA COUNTY {, ALL AMENDMENT S RESTarmErrTs,�vn -rusTs)
Mau `ce M.Shiu,Public Works Director ' ` �`
By:-,
- ee Smith, rus
Ran ucc s T
RECOMMENDED'FOR APPROVAL: By:
B c ,Successor Trustee
By: By.
(EngineerAg Services'Division) Robert Rosenberg,'Successor Trustee
Address.101 Ygnacio Valley Rd.#330(DVEQ
Walnut Creek CA 94596
Indemnity CompanXyS�f, Cs ifnrni
(NOTE: Developer's, Surety's and Financial Sure or Financial Institution
I'nstitution's Signatures must be Notarized.) 11780 Fitch Street
Irvine, CA 92614.
Y
PORMAPMVM Viwrlw=mum.Co ycmud Address
,r.n.
A{ter.4nnroyd Re#urn w Clerk of L Lig-1-
A. ey' gnature
Sharon J. Rusconi , Attorney-i`n-Fact
Printed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
WLEDGEMENI'
State of OPTIONAL SECTION
County of r f CAPACITY CLAIMED BY SIGNER
On before=_S r l 1 ;r1/ Though statute does not require tine Notary to till
DA E N E OF OPPICERE ,"7ANE tKin NO ARY PUBLIC" in the data below,doing so may prove invaluable to
(� / persons relying on the document.
personally appeared �2.r NA cs)of stoNER(s) �(
p ❑ INDIVIDUAL
C 0- personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to
C] ❑ CORPORATE OFFICER(S)
be the persons whose name(s)is/a vsubscn`bed rrrLEtsl
CCi�tE1N to the within instrument and acknowledged to
igme that Wshe/dwy executed the same in p [3 PARTNERS} D ❑ LIMITED
• MniOlt t -his/her/skeir authorized capacity},and that by 0 0 GENERAL
N0kry Putoc- .kis/her/tkttir signaturo(j on the instrument the 0 ❑ ATTORNEY-IN-FACT
Comm CCS Y person(o or the entity upon behalf of which the p ❑ TRUSTEE(S)
Myia[t.Ear ! , person(s)racted,executed the instrument. p ❑ GUARDIAN/CONSHRVATOR
WITNESS my " and official seal, ❑ OTHER
SIGNER IS REPRESENTING:
SI 6F NOTARY t NAl4�OF PMON(S)OR Wrm(IES)i
013 aciarowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Documentd f� :rG / .
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this farm
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATS -The mine and interest of the signer should be typed or printed BENEATH the signature. The name
must be signed exactly as it is typed or printed.'
II. SIGNATURES FOR INDEMLU_ALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
M. SIQNATUIUES,gOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. Slo& URES FOR CORPORATION
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
�
The President
c Any Vice-President
GROU?2. f. The Secretary
An Assistant Secretary
c The Chief Financial'Officer
d)The Assistant Treasurer
If signatures of offic s 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 erson igning the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarizes will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain thi following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
.Directors."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of PJ'i mwll1 vko\ OPTIONAL SECTION
County of 17:�Arvk,
CAPACITY CLAIMED BY SIGNER
o' -7 j1)'r__�ibefore me x �' t (/I E EDl � 11 rL" to U Though statute does not require the Notary to]ill
DATE NAME.TITLE OF OFFICER E.G., JANE DOE,NOTARY PUB C in the data below,doing somay prove invaivabie to
?041
(Aa t i persons relying on the document.
personally appeared K. t
NAhS(S)of SIGNER(S) ❑ ❑ INDIVIDUAL
❑❑ personally known tome-OR-❑ rovided to me on the basis of satisfactory evidence to 0 ❑ CORPORATE OFJwICER(S)
be the'person(s)whose name(s)is/a;sttbscribed TrrLE(s)
to the within instrument and acknowledged to
^ me that he/si�e Otey executed the same in ❑ ❑ PARTNERS) 0 ❑ LIMITED
ME
OTARY PUBLIChislheWil+�4 authorized capacity(ies),and that by ❑ ❑ GENERAL
sTATE OF his/lor4ioir-signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT
wYOMING person(s)or theentity upon behalfof which theCl ❑ TRUSTEE(S)
persons)acted,exccutedihe instrument. ❑ ❑ GUA.R.DIAN/CONSERVATOR
FEBRtiA(tY 8 2Ud3 ❑ ❑ OTHER:
WITNESS my hand and official eal,
A � �_ SIGNER IS REPRESENTING:
SIGNATURE OF NOTARY (NAME OF PERSON(S)OR ENTIT Y00))
❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Jr
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOT
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL.SIGNAT�TRES -The name and interest of the signer should be typed or printed BENEATH the signature. The nine
must be signed exactly as it is typed or printed.'
II. SIGNATURES'FOR INDIVIDUALS-The name roust be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.'
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. �c)
a)The Chair of the Board
b)The President
Any Vice-President
GROUP 2. a)}The Secretary
b)An Assistant Secretary
c})The Chief Financial Officer
id)The Assistant Treasurer
If signatures of officefs 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.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
.and aclmowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
CALIFORNIA NIA LL-PURPO E ACKNOWLEDGEMENT
State of L✓r�L /.� J OPTIONAL,SECTION
County of ,� y1 CAPACITY CLAIMED BY SIGNER
On
G ' before me,(. U f ' Though statute does not require the Notary to I*
ATE N LE OF OFFICER .,*JANE DOE,N ARYPuBUC^ in the data below,doing so may prove invaluable to
C,&-ac� C persons relying on the document.
personally appeared I �7 /f(
NAME(s)of SIGNS,(st' ❑ ❑ INDIVIDUAL
❑0'`personally known to me-OR-110_p rovided'to me on the basis of satisfactory evidence to 0 C3 CORPORATE OFFICER(S)
be the',persontsrwhose nameolis/prsubscribed TITLE(s)
to the within instrument and acknowledged to
Cawob im N 16165312 me that hetckc+'tltny executed the same in D ❑ PARTNER(S) ❑ ❑ LIMITED
„ f4mmy FWft•calkafW his/li mkbsir authorized capacitAies),and that by ❑ 0 GENERAL
Coft cofttowdv his/herAlwir signatureeon the instrument the D p ATTORNEY-IN-FACT
y personEsj or the entity upon behalf of which the p ❑ TRUSTEE(S)
persor*ef acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR
wITNE m band and official s'al, ❑ OTHER.:
SIGNER IS REPRESEN'T'ING:
S NA OFNOTARY {NAME OF'PERSON(S)'OREN-rrrY(IES))
CC] acknowledged to that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE.ATTACHED Title or Type of Docume �
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signers)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIQh ATURES -The name and interest of the signer should be typed or printed BENEATH the signature The name
must be signed exactly as it is typed or printed:
II. SIGNA'T MS;FOR INDIVIDUALS The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated;
III. SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the 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
d)The Assistant Treasurer
If signatures of officetrs 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 tine person signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized,will su ice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or'a resolution of its Board of
Directors."
CALIFORNIA. ALL-PURPOSE ACKNOWLEDGEMENT
State of ) r"it+i OPTIONAL SECTION
County of LI / j CAPACITY CLAIMED BY SIGNER
On before me, Je_Ki%H'!r!'" �—• j,n �� t°�r Y IOC., Though statute does,not require the Notary to C1!
DATE NAIM.TITLE OF OFFICER E.G.,"JANE DoE,NOT Y PUBLIC" in the data below,doing so may prove invaluable to
persons relying on the document.
personally appeared
n�s .-f' rst P nIGa--t
NAIM165OF SIGNER(S) 0, ❑ INDIVIDUAL
00(personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to 0"❑ CORPORATE OFFICER(S)
be the person()whose na=(s)is/ue subscribed TITLE(S)
to the within instrument and acknowledged to
me that helsbe4key6executed the same in 0 ❑ PARTNER(S) 0 Cl LIMITED
his authorized capacity(ier) and that by 0 ❑ GENERAL
{fER hisfhwAkeinsignature(a)on the instrument the 0 ❑ ATTORNEY-IN-FACT
c4awnblim#114326$1 person(4or the entity upon behalf of which the p p TRUSTEE(S)
„ I4Ettw pum-caobffft. ` person(&)acted,executed the instrument. 0 ❑ GUARDIAN/CONSERVATOR.
` ? WITNESS my hand and official seal, 0 C3I OTHER.-
rI, SIGNER IS IS REPRESENTING:
SIONATUntE OF NOTARY {NAMB OF PERSON(S)OR ENTrrY(JES))
D❑ acknowledged tome that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors'.
OPTIONAL''SECTION
THIS CERTIFICATE MUST BE ATTACKED Title or Type of Document s1�L V lS tbh rcM►titw — E>rtr ►iy.
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following;infon-nation is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the 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 be signed exactly as it is typed or printed.
11. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SlQh ATI TRES F R PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the 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
An Assistant Secretary
The Chief Financial Officer
d)The Assistant Treasurer
If signatures of officefs 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 erson st g the instrument to execute'instrurnents of the type in question is required. A currently valid
power of attorney,notarized, s ice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or'a resolution of its Board of
Directors."
STATE OF CALIFORNIA
SS.
COUNTY OF SACRAMENTO
On AUGUST 2,2005 before me,, ERIN RUSSELL,NOTARY PUBLIC'
PERSONALLY APPEARED SHARON J RUSCONI
personally,known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)islare subscribed to the
within instrument and acknowledged to me that helshe/they executed
the same in'hislherltheir authorized capacity(ies),and that by hislher/their
signature(s)on the instrument the person(s),or the entity upon behalf
of which the persons)acted, executed the instrument. >r N RUSSELL
Cep 144= g
NOTARY PU8IJC•CAUF:0RNIAQ
SACRAMENTO COUNTY
WITNESS my hand and official seal. COMM.EXP.SEPT.I8.?007'�►
Signature
This area for Official Seal'
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑''.'CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLES)
❑s,
PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY—IN-FACT NUMBER OF PAGES'
❑'TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR`
❑' OTHER:
DATE OF DOCUMENT
SINNER IS REPRESENTING:
NAME OF PERSON(S)OR IENTITY(IES)
IN'DEMNI'TY COMPANY OF CALIFORNIA
SIGNERS OTHER THAN NAMED ABOVE
(n-1232(REV.5/01) ALL-PURPOSE"ACKNOWLEDGEMENT