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HomeMy WebLinkAboutMINUTES - 09172002 - C.23-C.25 ........ ...._ ...... ..................__.... .. .......... ..... . ........ ........ _.... ....... .... _.. __.. .._. .................................. 0 ? 5 } V THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 5�6 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7535,being developed by Bruns Properties, Byron area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 7535,property located in the Byron area,Supervisorial District III, said map having been certified by the proper officials. Il. Subdivision Agreement A subdivision agreement with Bruns Properties, principal, whereby said principal 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: SH:cw G:1GrpDatalEngSve«BO\2oo2'0-17-021SUB 7535 BO-21.doc h I hereby certify that this is a true and correct copy of an action Originator:Public Works(PS)Itichl,ierly(323-2348} taken and entered on the minutes of the Board of Supervisors Contact: on the date shown. .r, cc: Public Works—T.Bell,Construction Current Planning,Community Development T—7-17-02 Bruns Properties ATTESTED: SEPTEMBER 17 2002 239 Pleasanton, Main streets 66 }E Pleasanton,CA 94556JOHN SWEETEN Clerk of the Board of Supervisors and Attn:Aruthur W.Dunkley County Administrator Insurance Company ofthe West 1575 Treat Blvd.,Suite#200 Walnut Creek,CA 94598 Attn:Sharon K.Harris Gene Toschi By ,Deputy 3,600 Dix Lane Modesto,CA 95356 New Century Title Company 4780 Chabot Drive,Suite#too Pleasanton,CA 94588 Attu:Kevin Smith RESOLUTION NO.20021 566 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7535, being developed by Bruns Properties,Byron area. (District III) TATE: September 17, 2002 PAGE 2 A. Cash Bund Performance amount: $2,075.00 Auditor's Deposit Permit No 386790 Date. May 21, 2002 Submitted by: Bruns Properties Tax ID Number: 94-3129791 B. Surety Bond Bond,Company. Insurance Company of the West Bond Number: 1846676 Date: May 1, 2002 Performance Amount: $205,425.00 Labor&Materials Amount: $103,750.00 Principals Bruns Properties [. 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 2001-2002 tax lien has been pari in full and the' 002-2003 tax lien,which became a lien on the first day of January, 2002 is estimated to be $9,400.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Assessor's Deposit Permit Number: 385446 Date: April 26, 2002 Amount: '$9,400.00 Submitted by:''Bruns Properties NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. 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. 2. That said final 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. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Warks Department. RESOWTION NO. 2002/566 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Principal: �` `�� , ✓��f"rfN Subdivision: I l� i✓ `€ ' - -�- Effective Date: September 17• 2002 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PAR`T'IES'AGREEMENT HERETO: CONTRA COLS A COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director k (Signature) $y' (Print & ttie) ,✓} t --`%.f -- ✓��.t./ Yr'( i..,,yJ✓'t... RECOMMENDED FO APPROVAL j{p it `moi ir)1 I By: .�..._. . ---- (Signature) ••..a ngineering Services Division (Print name&title) i �4 ytl l 9 q wi,q{ ✓� FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Caen "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in con€oimance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof, as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance.Code,provide as security to the County: A. For Performance and Guarantee: $ cash,plus additional security,in the amount:$ `> S--an which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 6" B. For Pan r?t: Security in the amount:$ i .w which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of- Cash,certified check,or cashier's check ' Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.40$of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK.. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If;at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing;liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. STS: Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. to. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. III NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL:ID:Iad GAGrpDataTngSvc\Fomuv AG WOPMAG-30.doc Rev. October 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofOPTIONAL SECTION # County f €Jil,t�,-s CAPACITY CLAIMED BY SIGNER on before me, 1 i V`ox �''i i' l 'n ' r Though statute does not require the Notary to till in DAT NAME,T T E OF OFFICER£. .,`JANE DOE NOTARY PUBLIC" the data below,doing so may prove Invaluable to I • �`3persons relying on the document. ,b� 1 personally appeared T�Y 4,("t I�L` � i NAME( OFSIGNER(S) 0 INDIVIDUAL t `f personally'known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name's)is/are TITLE(S) subscribed w the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) ❑ LIMITED ,A the same in his/her/their authorized ❑ GENERAL r ROSALYN SIMON"' capacity(ies),and that by his/her/their 0 ATTORNEY-IN-FACT COMM.a 124"49 � signature(s)on the instrument the person(s)or 0 TRUSTEE(S) NOTARY PUSUt J,I 1€11R44A the entity upon behalf of which the person(s) ALAMEDACOUNTY Pr--- ted,executed t instrumen C1GUARDIAN/CONSERVATOR XP y COMM.E .JAN.29,20" f U OTHER: ! tty at3dsnd a seal, SIGNER IS REPRESENTING: l NAME OF PERSON(S)OR ENrrrY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages j Though the data below is not required by law,it may prove valuable Date of Document 11 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 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. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name musi be sign exact y as it is typed or printed. II. SIGNATURES FOR INDNIDUALS -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. SIGNATL'>RES FOR CORPORATIONS Documents should a 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 Y 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. :'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." is:a,W \1'WS4\SHARDATAI,GrpDaua EngSvc\Fora\WORD FORMS\ALL PURPOSE NOTARY.doc Zvi It litX1 vi � < 'k I 't\a'it�,#j -AS I % o t NI Vi ,, slit '}S AAA GGG µ . . v 'm At ;- mei \IVA Y� Myr UO tq � t aL IM m 1 ILI +r f ✓���` �\ 1518?i r Ss"L6£t)�� �) ;1 Y � a ,.*��"`� 8 o ice At !.� L :arVAt r� IVA Wy�, P cumn "Is V oo IA INN IA. �l & :# Nk . , % p 8 t 4ts,ar t tl ` zs cz-99 =' r U2 4-1 LL \N IhY, ---- ---- V. � �tt .D2'IL•1.lO.Byyl.p, C77 CC��, ZO'03E".-11 rd.SP.51.6iN � i � t �1 y3NC SlW1 t .�t � ws ti i Nil r � �Rt}tN5 pit + COUNTY OF CONTRA COSTA DEPOSIT PERMIT , OFFICE OF COUNTY AUDITOR-CONTROLLER " v' TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM _ ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT 'f) }/? L J 1 { } y- T i J 3 t i '' Sl JI �. r 1 } VV } E } } i } } } E t I I I i I I 1 EXPLANATION: _ f ) TOTAL $ ) } I :-x a_ � ."X71 DEPOSIT r Deposit consists of the following items � COIN and CURRENCY CHECKS,M.O.ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ NUMBER DATE 38679 " 2- The The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Trr psury. acknowledged. J Signed: r � ,. I�-'Date � ��� ! � r r; f _ Signed: ),'-71-4, Signed: `.. Title:>'}'r It"1 C }{T P Y Coun ditaY Deputy County Treasurer D-34 REV.(7'-93) .1 L. (7 � G'�tl�[J��t► l Cd �. .7wvY Y_ (01 000649-9665 / 831000: G1092744, $1,000.00, MS 3-01 Improvement Plan Review, R A 5 Homes, Inc,, 974 Juanita brine, Walnut Creek, CA 94595 000649-9665 / 831000: 61093213, $500.00, RS 2672 Record of Survey Map Check Fee, Williams Janitorial, 43 Anson Way, Kensington, CA 94707 000649-3665 / 831000: G1093220, Brunn Properties, 239 Main Street, Suite F, Pleasanton, CA 94566 $4,500.00, SUB 7535 Map Check $4,764.00, SUB 7535 Improvement Plan Check $12,837.50, SUB 7535 Improvement Inspection 819800-0800: G1093219, $2,075.00, SUB 7535 Cash Bond, Bruns Properties, 239 Main Street, Suite F, Pleasanton, CA 94566 Subdivision »>; TRACT #7535 .Bond No.: 184 6-6---,7 6 IMI'R.OVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499-66499.10) 1. RECITAL OF SUBDIy[sION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision $ayT. as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final reap or parcel map for said subdivision. 2. OBLIGATION: B R U N S PROPERTIES as principal and INSURANCE c 0 U P A_X Y n E T1117 i.l F.S . a corporation organized and existing under the laws of the State of C A L r F b R N T A and authorized to tract surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee: W MUZED FIVE THCJ SAND FUR HGF TWEM SIVE & x0/100 Dollars ($ 205 ,425 . 00------------ 4 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment; ONE HUNDRED THREE THOUSAND SEVEN HUNDRED FIFTY & 00/100 Dollars ($.103.750.-00---—---------- --)to secure the claims to which reference is made in Title'XV (commencing with Section 3082) of Part 4 of :Division III of the Civil Code of the State of California. 3. CONDITIt}Ni A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executers,administrators,successors or assigns,shall in all things stand to and abide by and well and truly beep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa(car city assignee)its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surely, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and affect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SES. D on MAY 1, 20012 PRINCIPAL: BRUNS PROPERTIES SURETY: INSURANCE COMPANY OF THE WEST Address: 239 MAIN STREET, SUITEE Address: 1575 TREAT BLVD SUITE 200 City: PLEASANTO 'Zib: City: WALNUT CREEK 0:A--Zip: 94 59x3 0-0 I3y. 7 ;moi�,.< _ _ By. ��1��� SHARON K. HARRIS Print Name: ARTHUR W. DUNKLEY Print Name: Title: MANAGING- E i Title: Attorney-in-Fact BY. wa PRINT N JOHN-!. STEINBUCH )D: ' a C GENERAL PARTNER Rev.November 2E,20M t„ Ne.fl4�2'729 1CW GROUP Power of Attorney Insurance Company of tate West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEDT BY THESE PPESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of CaUbmia,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),dohereby appoint SHARON K 11ARRIS&ND MELISSA A.DA 1S their true and lawful Attorney(s)-in-Fact with authority to dates execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings; and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,200 1. INSURANCE CC3MP&NY OF THE 'EST � � + THE EXPLORER LNSURANCE COMPANY } SEAk„ MEPEND 'LNCE,CASUALTY AND SURETY(UViF+Ar Y John H,Graig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego t On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannon and John H3 Craig,personally known to me to be the persons whose nanift are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument, Witness my hand and official seal, NQP■M�,A£?ORTSR COM .#1257W � f07AitSt t'uB00-MIFCyRR1!A t/) ki f; S�Af�133ft AG��tNTY Cif �� �tstrr�. x rs�s MARCH IQ,�c�na oal Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards ofDirectors of each of the Companies: "RESOLVED: That the Preaident,an Executive or Senior Vice President of the Company,together with the secretary or any.Assistant Secretary,arc hereby authorizeci to execute Powers ofAuorney appointing the person(s)named as Atto ay(s)-in-Fact to date,execute,sip, seal,and deliver on behalf ofthe Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,aid any related documents, f RESOLVW'FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current atatus of the appointment,may be facsimile representations of those signatures,and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE 1,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company;and Independence Casualty and surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 1 S T day of MAY 2002 John H.Craig,Assistant Secretary To verify the authenticity ofthis Power of Attorney you pray scall 1-800-877-1111 and ask for the Surety Division, Please refer to the Pourer of Attorney Number, the above named mchvidural(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino o heal,SanDiego,CA 92130-2045 or call(859)3517-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda SS. On May 1, 2002 before me, E. Carona "Notary Publics' , Date Name and Title of Officer(e.g.,'.Jane Doe,Notary Public") personally appeared Sharon K. Harris Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name{44 is/a4;a subscribed to the within instrument and E.sian#13 acknowledged to me that he/she/ executed Do Notary Public-Cali the same in �/her/# authorized Nstary Public-Gsfifnrnla , Alameda County capacity{, and that by lois/her/t4ei; My Comm.Exoms Jean 27,2006 signature{c4 on the instrument the persons or the entity upon behalf of which the person{ acted, executed the instrument. WITNESS my hand and official seal. . is .f Place Notary Seat Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Gate: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed By Signer(Principal) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): d Partner-❑ Limited ❑ General ❑ Attorney-In-f=act ❑ Trustee [] Guardian or Conservator ❑ Other: Signer is Representing: APA 1/94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER R before me, r = l ATSough statute does not require the Notary to fill In NAME TITLE OF OFFICER RG OENOTARY PUBLt E.G,, — , f the data below,doing so may prove Invaluable to personally appeared l' ,nut t` Nh_y �_t.e,& ain..e ,,9tkb- S4 i F4.-tpersons relying on the document, NAME(s)OF SIGNER(S) 0 INDIVIDUAL -personally known to me-OR-0 proved to me on the basis of satisfactory evidence to C CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TtTLE(s) subscribed to the within instrument and Y StM acknowledged to me that he/she/they executed p PARTNER(S) 0 LIMITED COMM.*124"0 � the same in his/her/their authorized OTARY PUSLIC.CALIFORNIA 0 ca aci 0 GENERAL p tre(s) ,and that ru hent the per 0 ATTORNEY-IN-FACT � AU1MEt)A Ct�i,It4TY � signature(s)on the instrument the person(s)or COMM.fxP.,JArt.28,2004 -+ the entity upon behalf of which the person(s) 0 TRUSTEE(S) _. gcted,executed the instrument, 0 GUARDIAN/CONSERVATOR 11 r `1" < 0 OTHEW - , S ntY and arld'o Mal seal, SIGNER IS REPRESENTING. (NAME OF PERSONS)OR ENT"(MS)) SIGNATURE OF"ROTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below 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 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. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signs exact y as it is typed or printed. 1i. SIGNATL S FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the Property must be Stated.� Ill, SIGNATURES FOR PARTNERSHIPS - Si ning party must be either a general partner or be authorized in writing to have e authority to sign or an bin e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a 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. Ia The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer I 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. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: " ..and acknowledged tome that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors," sC.MW \\YW$4\SIIARI)ATA\GrpD"\BngS,,v:\FonmWORD FGRMS\AI.L PURPOSE NOTARY.doe 08123/02 NEW CENT$42 7535 Tax Collector's office Vlltlam J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector 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 `"1 Tax Operations Supervisor Date: 8/23/20102 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 26108) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# city T.R.A. 7535 BYRON 60008 Parcel#: 001-041-054-6 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 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $9,400.00 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. WILLIAM J. POLLACEK, Treaefor Ely: COUNTY Of CONTRA COSTA DEPOSIT PERMIT W �_)OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE tkEASURER: RECEIVED,FROM r XVS— :.e: ORGANIZATION NUMBER el (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. A TASK OPTION ACTIVITY AMOUNT i i i i i i i i s s s s i i f 2 .i i, R -wi i L I I L j , DAI : BOND RE IE'WID ANI ,APPROVED i CG1N UIVY DI.LECTOR s f, EA i 1 f 1 EXP.LANATt '. ff TOTAL $ / } DEPOSIT s Deposit consists of the following items COIN and CURRENCY $ — "} CHECKS.M.Q.ETC. $ C Fi,#Y BANK DEPOSITS $ p FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT (� t/ PERMIT DP f 1�1 6 7660 NUMBER DATE 3,95446 hPR'- o A55tGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep to the County Ti Bury. acknowledged. Signed: � Signed: Title: Js EXT. Signed: Deputy 0-64y { r Deputy County Treasurer D-34 REY(7-93) 0, 0 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public'Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 567 SUBJECT: Acceptance of Instrument for Grant Deed of Development Rights for Subdivision 7535, being developed by Bruns Properties, Byron area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of SUB 7535 Bruns Properties Byron III Development Rights (Creek Structure Setback) ax:cw I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSve\BO\2002\9-17-02\SUB 7535 BO-27.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date Shown. Contact:Rich Lierly(3132348) cc* Recorder(via Title CorMany)then PW Records P T + 17 G(}02 Current Planning,Community Development ATTESTED: Bruns Properties JOHN SWEETEN Clerk of the Board of Supervisors and 239 Main Strect,Suite E p Pleasanton,CA 94565 County Administrator Attn:Arthur W.Dunkley BY: A4 DEPUTE' RESOLUTION NO.2002/ 567 Recorded at the request of: Contra Costa county Board of Supervisors Return to: Public Warks Department Engineering Services Division Records Section Area: Byron Subdivision: 7535 APN: 001-041-054 GRANT DEED OF DEVELOPMENT RIGHTS Greek Structure Setback) To meet condition of approval number I I A.) 7, of Subdivision 7535, Bruns Properties, a General Partnership(Owner)hereby grants to the County of Contra Costa, a political subdivision of the State of California(Grantee)and governmental successor or successors of said county,the future development rights, as defined herein below, over a portion of that real property known as Lots 1,2 and 3 of Subdivision 7535, situated in the County of Contra Costa, State of California and more particularly described in Exhibit"A" Development rights are defined to mean and refer to the right to disapprove of any proposed construction, development or improvement within the areas marked"restricted development area". The development rights are and shall be a form of covenant, which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property. In the event of a disapproval of proposed construction by Grantee, or successor, said proposed construction shall not be performed. Grantee, or successor, may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee, or successor, may deem appropriate. The undersigned executed this instrument on April W, , 2002. BRUNS PROPERTIES, A GENERAL PARTNERSHIP ..__... Managing General Partner Jolif Steinbuch Managing General Partner (See attached notary) Subdivision 7535 (Creek Structure Setback) EXHIBIT"A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Lots 1, 2 and 3 designed as"Restricted Development Area", shown on the final map of Subdivision 7535, on file at the County Recorder's Office as follows: Date: Book: Page: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION Countyf �} CAPACITY CLAIMED BY SIGNER On 4 v C� ,before me, 9�.a{Lj l`l e'i ry'f>r �C j��Y Lf L � 6 C_ Though statute does not require the Notary to till in DATE NAME.TITLE OF OFFICER E. .JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared_ U Lr Vt I, ID tit-k " 9 �'.�t� >r persons relying on the document. NAIdE( )ofSIGNER(S) 0 INDIVIDUAL personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and ROSALYNUMON acknowledged to me that he/she/they executed COMM.#1249548C PARTNER(S) ❑ LIMITED NOTARY PUBLIC-CALIFORNIA j the same in his/her/their authorized ALAMEDA COUNTY (� capacity(ies),and that by his/her/their 0 GENERAL 0 ATTORNEY-IN-FACT COMM.EXP.JAN.26,2004 -+ signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) 0 TRUSTEE(S) acted,execute a instru t. 0 GUARDIAN/CONSERVATOR 0 OTHER: S y hdial seal SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons rel ing on the document and could prevent fraudulent Signer(s)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 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. II. 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. SIGNATURES FOR.PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the au tzrity to sign or an ince partners p. N. SIGNATURES FOR CORPORATIONS Documents should a signed by two o rcers,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 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. 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." re:mw \\PwS44SHARDATAtG pl)&U\En&Svc\FomstwORD FORMS4iLL PURPOSE NOTARY.doc Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002 by the fallowing vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/568 SUBJECT: Acceptance of Instrument (Avigation and Noise Easement). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Avigation and SUB 7535 Bruns Properties Byron III Noise Easement 3x:cw I hereby certify that this is a true and correct copy of an action G:1GrpData\EngSvcl130\200219-17-021SUB 7535 BO-30.doc taken and entered on the minutes of the Board of Supervisors an Originator: Public Works(ES) the date shown. Contact: Rich Lierly(313-2348) cc: Recorder(via Title Company)then PW Records Current Planning,Community Development Department ATTESTED: SEPTEMBER 17. 2002 839 ruProperties 0 Street,suite E JOHN SWEETEN,Clerk of the Board of Supervisors and County Pleasanton,CA 94566 Administrator Attn:Arthur W.Dunkley By z ._ ,Deputy RESOLUTION NO.2002/ 568 Recorded at the Request of: Contra Costa County WHEN RECORDED RETURN TO: Public Works Department Right of Way Division 255 Glacier Drive Martinez, CA 94553 Community Development Department Current Planning Division 651 Pine Street Martinez, CA 94553 Attn: Bob Drake "KATION AND NOISE EASEMENT This indenture is made this at4k day of K 2002 between Bruns Properties, a California General Partnership, hereinafter called 'Grant r" and Contra Costa County, a political subdivision of the State of California, hereinafter called "Grantee". Grantor is the owner in fee of that certain parcel of land situated in the County of Contra Costa, State of California, identified herein as Lots 1-8 of Subdivision 7535 recorded in the Contra Costa County Recorder's Office as follows: Date: Book: Page: Grantee is the owner/operator of Ryon Airport (hereinafter called "Airport"). Lots 1-8 of Subdivision 7535 are in close proximity to Airport. Grantor and Grantee wish to establish provisions so that aircraft using the Airport shall have the right of flight and the right to cause noise, light and other effects associated with the operation of aircraft in the airspace over said parcel. NOW, THEREFORE, Grantor, for its heirs, executors, administrators, successors and assigns, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants and conveys to Grantee, its successors and assigns forever the following rights, title and interest: 1. A perpetual and assignable public-use avigationlnoise easement and right-of-way for the free and unobstructed passage and flight of aircraft of any and all kinds now known or hereafter invented, sold or designed for navigation or flight in air of the class, size and category operationally compatible with Airport as it exists now or as it may exist in the future. Said easement shall be in, through, over and across the portion of airspace of Lots 1-8. Subdivision 7535.described and depicted as follows: 1 FOR MAP AND DESCRIPTION OF AREAS PROTECTED BY EASEMENT, INCLUDING DESCRIPTION OF IMAGINARY SURFACES AND ELEVATIONS, SEE EXHIBIT °A"ATTACHED HERETO AND MADE A PANT HEREOF. 2. The rights herein-granted shall Include the right in such airspace to allow, make and emit such noise, light, vibrations, fumes, exhaust, smoke, air currents, dust, fuel particles, radio, television, and other electromagnetic interferences, and all other effects as may be inherent to the operation of aircraft for navigation or flight in the air. 3. Grantor hereby fully waives, remises and releases any right or cause of action that it may now have or that it may have in the future against Grantee, its successors, and assigns, and covenants not to use due to such noise, light, vibrations, fumes, exhaust, smoke, air currents, dust, fuel particles, radio, television, and other electromagnetic interferences, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at or on Airport. Said release and covenant shall include, but not be limited to claims, known or unknown, for damages for physical or emotional injuries, discomfort, inconvenience, property damage, death, interference with use and enjoyment of property, diminution of property values, nuisance, or inverse condemnation or for injunctive or other extraordinary or equitable relief. 4. It is further agreed that Grantee, as owner and operator of Airport, shall have no duty to avoid or mitigate such damages by, without limitation, setting aside or condemning buffer lands, rerouting air traffic, erecting sound or other barriers, establishing curfews, noise or other regulations, except to the extent, if any, that such actions are validly required by governmental authority. Grantor reserves such use, rights and privileges in said Lots 1-8 Subdivision 7535 as may be abridgment of the rights hereby granted. 5. For and on behalf of itself, its successors and assigns, Grantor covenants with Grantee for the direct benefit of the real property-constituting the Airport that neither Grantor nor its successors in interest or assigns shall hereafter construct or permit the construction or growth of any structure, tree or other object that penetrates an approved transitional horizontal or conical surface as described and depicted in Exhibit A or that constitutes an obstruction to air navigation under FAA Part 77, or that obstructs or interferes with the use of the flight easements and rights of way herein granted or that creates electrical interference with radio communication between any installation upon said airport and aircraft, or as to make it difficult for pilots to distinguish between airport lights and other lights, or as to impair visibility in the vicinity of the airport, or as otherwise to endanger the landing, take-off or maneuvering of aircraft. For the purpose of ensuring compliance with the foregoing covenant the rights herein granted shall include: a. The continuing and perpetual right to cut and remove trees, bushes, shrubs or any other perennial growth or undergrowth extending into or which in the future could infringe upon or extend into or above an approved transitional, horizontal or control surface as described and depicted in Exhibit A. b. The right to raze, remove or destroy those portions of buildings, other structures and land infringing upon or exiting into an approved transitional, horizontal or conical surface as described and depicted in Exhibit A, together with the right to prohibit the future erection of buildings or structures which would infringe upon or 2 extend into said surfaces. C. The right to mark and light as obstructions to air navigation any and all buildings, structure, tree or other object now upon, or that in the future may be upon Grantor's property that may at any time project or extend above said surfaces. d. The right of ingress to, egress from and passage over the Grantor's property for the above purposes. 6. This grant of avigation/noise easement shall not operate to deprive the Grantor, his successors or assigns, of any rights that it may from time to time have against any individual or private operator for negligent or unlawful operation of aircraft. 7. All promises, covenants and reservations contained in this document are made and entered into for the benefit of Grantee. These promises, covenants, conditions and reservations shall run with Lots 1-8. Subdivision 7535, and bind Grantor's heirs, administrators, executers, successors and assigns to the maximum extent now or hereinafter permitted by statute or case law and are intended by the parties to comply with California Civil Code Section 1468. "Successors and assigns" as used in this paragraph includes without limitation: invitees, licensees, permittees, tenants, lessees, and others who may use easement rights reserved herein or use or be upon Lots 1-8. Subdivision, and/or their respective officers, agents and employees. For the purpose of this instrument, that portion of Lots 1-8 Subdivision 7535 which lies within the area of an approved transitional, horizontal or conical surface, as described and depicted in Exhibit B, is the servient tenement and the Airport shall be the dominant tenement. 8. Grantor agrees to defend, indemnify, save, protect and hold harmless the Grantee, its officers, agents and employees, from any and all claims, costs and liability, including reasonable attorneys fees, for any damage, injury or death, including without limitation all consequential damages from any cause whatsoever, to persons or property, arising directly and indirectly from or connected with the exercise of the easement and related rights granted herein. TO HAVE AND TO HOLD said easement and all rights appertaining thereto unto the Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantor has hereunder set his hand and seal the date set forth herein above. Bruns Properties, a California Bruns Properties, a California General Partnership General Partnership i n Iey by: Vohn S. Steinbuch Managing General Partner Managing General Partner RD/aa ALUC 1 3/Ease.RD RD/kp 5/7/2002 3 LEGEND �—�._..___–� Exhibit A - Page 1 oft /�'`�^^4 - /' l R UNB rENETRAT$i iNDlCATf.a_ "A t R PART 7x$3lRf xt;E • OOJXCT PENETRATES INDICATED y J T j FAA VERT 77 SURFACs • �.-� ��,.,J � O ((} t%p7CXTE0 #I ) Ot ff O O#JECF fAii$lWtOW t FAR PART 77$URPACE -------.•�-- '/ - --.-..-- _--M=y-�'}.{— .�.1V ILII 3 a it FEET VERTICAL CtXARANCE .. ; AOO{O TO ROAD ELEVAT}ONf10EL#N,ea ¢x Ij NOTE#; tlXi#Tf%O = A AU ELEVATION$IN fEET A40VE NEAN SEA LEVEL xN$LI t 1{ y fi •r ALL$;fR7ACE4 ARE 4A0E0:ON E$TIMAT$D } --�_-. �fJ• w � ..-� �t'+A..�;4, RUNWAY 12 III 7.+J �""•. !{r � RUM WAY END ELEVATIONS. t«E$E ELEYXW ... - "044 MAY CHANGE WHEN ENGINEERING _ - _ - PA.,yi st.l ! DE414N Of THE PROJECT it COArsLWTED. _ ..__�._.„ ..—_, C sok' 4CQ Nr♦A 400 4 YOW4R LINE 146` [{{ \A { rrrM,s w Tyrt Al>� `�\x 4 ROAD IIf t \ j p•al �\..•••'Y !"`we` \ ; x\ �. 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T W :+-_ Exhibit A - Page 2 of 2 a — IS R:o `��^-....,,...,.�,.;\`. `.,``n.=.. � ✓ ����j�'� ,',,\'-�. .or•p°xa `.'\' +•� �s�es s{atwtu�c#�.. `t � `,� SUMPACt WSL ',�'' ', ) ('9t sr � ayh q� 'h�,��JJ-� � +�w rev r- } • ) f 6i7 w Aldir,1 '....' \ -. _,�� l ! �� � `�. � ..�t \�) �, .•;\ X.irfet\lhHWeei S. .i}• YOkSBA APPROxCR }, . („`•.4. ' CBNSCAt is 1. �✓'-r^ r (ff1( ` .J.✓ } .0 RifRPACti 160 )5� 1�'y C l }v✓ l o 11tr,•+'L gJf)i/J(1 It. (N. ,` �- �' „r.^'� - + 'j�� L _.: 311'7 f�y��.; �r�r ��; \ .......-..13 � ., •,,,.+1P. . - F' 7! '`ter "*w.\�,1\` %',,-.tt •_ -- YRAld x t JI 1 t Ow s��•a , ,fit t } -.ur '�,, }#�t�.t� �>✓��,/�,�- `, ���, ,r,' `) �� � y.- ..-_ -""- }. - � �-- 1 APPI%)ACJr M1M6AY,C >�,A WMQC.FAL SLMA06 _._�_�__--. t` ..•�T'r" "u�„'� 'J+ .• +" �;- !,.'. »., ( f .t. taArtwtgrA::u3u.:C `'t` v� --'— 1 �., ./�'7(. 1 ? T3 '% d 1 + .r r � + ' • ty_,, i ccc r j r r / I,Uk WA'r 1 / L I -J f+} !$t1ME7RSC Y3EW ._)1�_ __ FEET #000 IIP"t FAA PART)l 9MACCU 0 2000 y''y}..... r'Ye ?.-fJ ,it' l• t� ,/• ,:..'� 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On �5 ,' before me, ' �'1 Though statute does not require the Notary to fill In DATE NAM, TTTLE ,to E.G.,-JANE DOE,NOTARY PUBLIC- the data below,doing so may prove invaluable to personally appeared 6-1- y6 43b -u t[Jl '1d� iY� �► persons relying on the document. NA OFSIONFNS) 0 INDIVIDUAL personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED ROSAL.YN SIMON' the same in his/her/their authorized 0 GENERAL f) COMM.M 1249"5 +� capacity(ies),and that by hisfber/their 0 ATTORNEY-IN-FACT NOTARY PUBLIC-CAUtFORNiA j signatures)on the instrument the person(s)or 0 TRUSTEE(S) AtAMEDA COUNTY a entity upon behalf of which the person(s) COMM.EXP.JAN.28,2004a d,exeeutcd the f�stru 0 GUARDIAN/CONSERVATOR 0 OTHER: ha �d o Ic SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIONATM OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below 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 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 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. II. SI AMUS FOR INI)IVTI)UALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. GNA'�USiff-RES FOR PARTNERSHIPS - Si - g party must be either a general partner or be authorized in writing to have �thority to sign for b partners}rip. IV. SIQNAI=FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. }The Chair of the Board })The President c Any Vice-President GROUP 2. a The Secretary 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 attcsrney,notarized,witl suffice. 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." 7C:mw 1\PW$4%RikRDATANO p lfto cT=tislwoRD FORMS%ALL PURPM NOTARY.doe