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HomeMy WebLinkAboutMINUTES - 11052002 - C12-C16 Illi III III I III II Ilii II I II 111111 I III I IIII I II I IIIiI CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk-Recorder Recorded at the request of: DOC— 200 -043:97,-00 Contra Costa County Board of Supervisors Tuesday, NOV 19, 2002 10:03:15 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0,00 Nbr-0001164321 Engineering Services Division t Records Section 1 r c/R9/1--+ THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 5, 2002 by the following vote: AYES: SUPERVISORS -_UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 697 SUBJECT: Accepting completion of improvements, Minor Subdivision 39-87, Alamo area. {District III} The Public Works Director has notified this Board that the improvements in Minor Subdivision 39-$7 have been completed as provided in the Subdivision Agreement with Peter Ostrosky and Shirley Nelson,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. PE:cw G:\GrpData\EngSvc\BO\2002\11-05-02\MS 39-87 BO-45.doc I hereby certify that this is a true and correct copy of an action Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors on Contact: Rich Lierly(313-2348) the date shown. W. Public Works L.Cornelius,Construction Div. T.Bell,Construction Div. NOVEMBER 05 2002 P.Edwards,Engineering Services ATTESTER: s J.Florin,M&T Lab JOHN SWEETEN,Clerk of the Board of Supervisors and H.Finch,Maintenance Div. County Administrator -I.Bergeron,Mapping Div. Recorder(via Clcrk},then PW Engineering Services Sheriff-Patrol Div.Commander CHP,c/o Al By �` ,Deputy CSAA—Cartog Peter Ostrosky 17 Sugarloaf Terrace Alamo,CA 94507 Shirley Nelson 103 Lark Court Alamo,CA 94507 City National Bank Attn:International Dept. 606 Olive Street,Suite 300 Los Angeles,CA 90014 RESOLUTION NO.2002/ 697 ATTACHMENT TO RESOLUTION NO. 2002/. SUBJECT: Accepting completion of improvements,Minor Subdivision 3 9- 87, Alamo area. (District III) DATE: November 5, 2002 Improvements along Los Qebrades Lane and Private Drive for Minor Subdivision 39,87 are accepted as complete. The roads within Minor Subdivision 39-87 are NOT ACCEPTED NOR DECLARED as County roads at this time. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 5, 2002 by the following vote: AYES: SUPERVISORS UILKEKA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 698 SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance for Subdivision Agreement and Right-of-Way Landscape Agreement, Subdivision 7661, San Pablo area. (District 1) On January 4, 2000, this Board resolved that the improvements in Subdivision 7661 were completed as provided in the Subdivision Agreement and Right-of-Way Landscape Agreement with Kaufman & Broad of Northerin California, Inc. and now on the recommendation of the Public Works Director; The Board hereby FINDS that the Subdivision and Right-of-Way Landscape improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to: PE:cw G:1GrpDatatEngsvc\BO12002%11-05-02\SUB 7661 BO-60.doc I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Originator. Public Works(ES) Supervisors on the date shown. Contact. Rich Lierly(313-2348) CC. Public Works -Accounting,Tax I.D. (94-1676098) -J.Florin,M&T Lab ATTESTED: NOVEMBER 05, 2002 -T.Bell,Construction -special Districts JOHN SWEETEN,Clerk of the Beard of Supervisors and Current Planning,Community Development County Administrator American Casualty Co.of Reading PA 5950 Canoga Ave,Suite 300 Woodland Mills,CA 91367 American Insurance Co. By , 3 Deputy P.O.Box 1975 Santa Ana,CA 92702 Kaufman&Broad of Northern California,Inc. 611 Orange Dr Vacaville,CA 95687 RESOLUTION NO.2002/ 698 SUBJECT. Accept completion of warranty period and release of cash deposit for faithful performance for Subdivision Agreement and Right-of-Way Landscape Agreement, Subdivision 7661, San Pablo area. (District 1) DATE: November 5, 2002 PAGE; 2 • Refund the$2,240 cash deposit(Auditor's Deposit Permit No.264296,dated July 20, 1995) plus interest to Kaufman & Broad of Northerin California, Inc. in accordance with Government Code Section 53079(if appropriate),Ordinance Code Section 94-4.406,and the Subdivision Agreement. • Refund the$1,000 cash deposit(Auditor's Deposit Permit No.264296,dated July 20, 1995) plus interest to Kaufman & Broad of Northerin California, Inc. in accordance with Government Code Section 53079(if appropriate),Ordinance Code Section 94-4.406,and the Right-of-Way Landscape Agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision and Right-of-Way Landscape Agreements and surety bonds are exonerated. d C 4;, IIIIIII III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIII Recorded at the request of: CONTRA COSTA Cc Recorder Office ty BoardofSupervisontra Costa Supervisors STEPHEN L. WEIR Clerk-Recorder Rr r Supervisors 20&-0412824-00 Public Works Department DOC— Engineering Services Division Wednesday, NOV 06, 2002 12:23:11 Records Section FRE $0.00 Tt 1 Pd $0.00 Nbr-0001139597 Irc/R9/1-6 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 5, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION N2.2002/ 699 SUBJECT: Acceptance of Instrument(Offer of Dedication for Access Easement). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication SUB 7984 Shapell Industries, Inc. San Ramon III for Access Easement AP'N: 206-240-003 I hereby certify that this is a true and correct copy of an action SG:cW taken and entered on the minutes of the Board of Supervisors on G:tGrpData\Engsvc\BO\2002\11-05-0ZSIJB 7984 BO-30 Access Ease.doc the date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) ATTESTED: NOVEMBER 05, 2002 cc: Recorder(via Clerk of the Board)then PW Records JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Connnunity Development Department Shapell industries,Inc. Administrator 100 North Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Warden &sieve Savage By ,Deputy RESOLUTION NO. 2002/ 699 Recorded at the request of: Contra Costa County Public Works Department Return to: Contra Costa County Public Works Department Records Section Area: San Ramon Road: nla Co.Road No.: n/a Development No.: Sub 7984 Assessor's No.: 206-240-003 OFFER OF DEDICATION--ACCESS EASEMENT Shapell industries Inc., the undersigned, being the present title owner(s) of record of the herein described parcel of land, does hereby make an irrevocable offer of dedication to COUNTY OF CONTRA COSTA, a political subdivision of the State of California, and its successors or assigns, of an easement for access for maintenance of flood control improvements and structures,upon the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that COUNTY OF CONTRA COSTA and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned executed this instrument on CAn� I C, ,-- cD-7• cs��> (rant nurse&tido) 7.0ft P6`6..j V'le, W K- (sun> (See attached notary) Mrs \PWS1tSRARDATAZrpbataWmgSvcTm=XOF'WORD10 9.doc Rev.September 3,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 1�,C,,-� On r"1 Cj 2--- before me, �Lcf_ \ Data Noma and Title of Of loo,(e.g.,'Jane Doe,Notary Pub9c'j personally appeared _ - ' Name(&)of Soor(s) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4&,are subscribed to the within instrument and acknowledged to me that 4em'ehelthey executed the same in -M~their authorized capacity(ies), and that by hWherAheir JANICE T.KRUSE signature(s)on the instrument the person(s), or Commission 1318897 the entity upon behalf of which the person(s) zNotary Public-California acted, executed the instrument. Santa Clara County @MyComm.ExpirasAug 24,2M5 TNESS my hand and officials I. Signmure of Notary Pub9c OPTIONAL Though the Information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document. -I q C6 ki Title or Type of Document: ' - Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: lufflumnimmimun �Tlnllo here [I I ividual \ � y t Top of thumb Corporate Officer—Tltie(s): t i v • U ❑ Partner—❑Limited ❑General Attomey-in-Fact t ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing d 1 M National Notary Association•9350 Do Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91313.2402•www.nadonalnotory orp Prod.No.5907 Reorder.Ca9 7oA•rree 1.800.976-@827 ACCESS.txt Parcel name: ACCESS North: 464667 . 5947 East : 1589868 . 3253 Line Course : S 75-26-31 E Length: 55 .00 North: 464653 . 7699 East : 1589921 .5595 Line Course: S 14-33-29 W Length: 76 .00 North: 464580 .2100 East : 1589902 .4560 Line Course: N 75-26-31 W Length: 55 . 00 North: 464594 . 0348 East : 1589849.2219 Line Course: N 14-33-29 E Length: 76 . 00 North: 464667 .5947 East : 1589868 .3253 Perimeter: 262 . 00 Area: 4, 180 sq. ft. 0 . 10 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0000 Course: S 90-00-00 E Error North: 0 . 00000 East : 0 . 00000 Precision 1 : 262, 000, 000 . 00 Page 1 EXHIBIT"A" PAGE 1 OF 1 9-5-2002 F.C.I. SUBDIVISION 7984- UNSURVEYED REMAINDER DESCRIPTION ACCESS EASEMENT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA, BEING OVER,UNDER,AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "`UNSURVEYED REMAINDER"OF"SUBDIVISION 7984, MONARCHAT GALE RANCH"AS FILED ON THE Ih DAY OF ,2002 IN BOOK OF MAPS, AT PAGES TO INCLUSIVE, CONTRA COSTA COUNTY RECORDS, FOR PURPOSES OF AN ACCESS EASEMENT,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF 'PARCEL 'U" OF SAID SUBDIVISION 7984; THENCE ALONG THE EASTERLY PROPERTY LINE OF SAID 'PARCEL`U"SOUTH 1403329"WEST 303.32 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID EASTERLY PROPERTY LINE AND ENTERING SAID UNSURVEYED REMAINDER THE FOLLOWING THREE(3)COURSES: (1)PERPENDICULARLY IN AN EASTERLY DIRECTI ON SOUTH 75°26'31"EAST 55.00 FEET;THENCE(2)PERPENDICULARLY IN A SOUTHERLY DIRECTION SOUTH 14033'29"WEST 76.00 FEET;THENCE(3) PERPENDICULARLY IN A WESTERLY DIRECTION NORTH 75°26'31"WEST 55.00 FEET TO A POINT ON SAI D EASTERLY PROPERTY LINE;THENCE ALONG SAID EASTERLY PROPERTY LINE NORTH 14°33'29"EAST 76.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 4,180 SQUARE FEET, 0.10 ACRES, MORE OR LESS. OVER, UNDER,&ACROSS A PORTION OF: ASSESSOR'S PARCEL No. 206-240-003. END OF DESCRIPTION � IAAJ� EXPIRES: � 12-31 4M4 No. 5859 OF CA Ni PREPAR BY: 619 ED C. INGALLT 00159SED DATE PROFESSIONAL LAND SURVEYOR No. 5659, LICENSE EXPIRES: 12-31-2004 WAdminUobs-99\9910841Survey mt.doc Ruggeri-Jensen-Azar& Associates PLANNERSENGINEERS - 4690 CHAsar DRrvE,SURE 200,PLF.ASANTON,CA W116 PHONE: (925)227-9100 + FAX: (925)227-9300 LOT 198 SUBDIVISION 7984 s0LI)� AleD 'POND N 17'12'25"E 72.00' PSI RCE'L U I I SUBDIVISION 7984 ^s'/ SUBDIVISION 7984 BOUNDARY SS,S4SF .0.8. i N75 26'31"W 55.00' 4, 180 s.f / ACCESS EA SEMEN T 0. 10 acres / N14",3329"E 76.00' N75 2631"W 55.00' ^ UNSURVEYED REAMINDER SUBDIVISION 7984 0 100 200 300 LEGEND P.O.C. POINT OF COMMENCEMENT i inch = 100 ft. P.O.B. POINT OF BEGINNING PATH: G:\GALEPH2\991084E\EASEMENTS\ACCESSESMNT.DWG EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION er1 ruj SHEET 1 OF 1 GALE RANCH u�en ACCESS A� �{ EASEMENT �j 1�/���j T m War &Associates d 1 C C E S S �--A S E ani E 1�I 1 1111 CIVIC DRIVE, SUITE 110 • WAI,NUT CREEK, CA 94596 PHONE: (925) 935-7710 • FAX: (925) 935-7763 a. SCALE: GATE: JOB NO.: CONTRA COSTA COUNTY, CAUFORNIA 1" = 100' 07-14-02 991084 IIII��I III�II'II VIII�i�i III II ISI SII I Iil��III�II�i Contra Costa CountRecorded at the y est of: CONTRA COSTA Co Recorder Office Board of Supervisors STEPHEN L. WEIR Clerk-Recorder Return Works Department DDC— 200 -•0412823-�0 Engineering Services Division Wednesday, NOV 06, 2002 11:23:07 Records Section FRE $9.00 Tt1 Pd $0,00 Nbr-0Irc/RS 1r6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 5, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER; DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 700 SUBJECT: Acceptance of Instrument(Offer of Dedication for Roadway Purposes). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication SUB 7984 Shapell Industries, Inc. San Ramon III for Roadway Purposes APN: 206-240-003 I hereby certify that this is a true and correct copy of an action sc�,v taken and entered on the minutes of the Board of Supervisors on o:�orpl7ar��ngs�c�Ba�oo2�11-05-o2�sus��aa Bo-3o x�lwy.aoc p the date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) cc: Recorder(via Clerk of the Board)then PW Records ATTESTED: NOVEMBER 05, 2002 Current Planning, � pity Development Inc.Shapell Industries,Inc. JOHN SWEETEN Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. Administrator Milpitas,CA 95035 Attn:Sam Worden &Steve Savage By_ _ - ,Deputy RESOLUTION NO.2oo2/ 700 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area:San Ramon Road:South Wedgewood Road Co.Road No.: N/A Development No.: Sub.7984 APN: 206-240-003 OFFER OF DEDICATION- ROAD PURPOSES Shapell Industries Inc., the undersigned, being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to Contra Costa County, a political subdivision of the State of California and its successors or assigns, for street, highway landscaping and other related purposes, including maintenance thereof, the real property situated in the County of Contra Costa, State of California, as described in Exhibit "A" (written description) and as shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that Contra Costa County and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of Contra Costa County and its successors or assigns and will be binding upon the title owner of record and that owner's heirs, successors or assigns. The undersigned executed this instrument on 9 2— (Date) (Nome of owner u shown in title report) (Print W'-Now&Tittle) 'Tc vice-PA-cs- (svonture) �'+V�� _/ "✓ (See attached notary) (Print Now&T ) maad G;\Grpriata\E4ngSvc\Fom\GF WORMOF-b.doc Rev.September 12,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof � t_ Int ss. On before mei Dat Name and TBI*of Ofter(e.g.,"Jane Dos. j&r Pubdc•} personally appeared Names)of Slgrwr(r) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4 /are subscribed to the within instrument and acknowledged to me that whey executed the same in kfiefAedtheir authorized capacity(ies), and that by itWher/their ANICE `� signature(s) on the instrument the person(s),or JANICE T.iCi2IJSE Commission i 1318697 the entity upon behalf of which the person(s) Notary Public-California acted, executed the instrument. Santa Clara County 4QMyComm.ExpImsAug24,2005? ILT�myand offic ai seal. Signrture&Notery t'ublk OP 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 Q ; Title or Type of Document: �--- cs `a` t C F T•t c3 a� -1`�.b l's(b eY%,,l 984 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: _!Ddividual S Top of thumb here Corporate Officer—Title(s): ❑ Partner—❑Limited ❑Gener ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 190 Natle(W Notary AnwisBon•I=De Soto Me.,P.O.Bax 2402•Chatswwh,CA 91313.2402•w .natlonalnotaryorq Prod.No.5807 Reorder,Call Tolf-Free/-B00-d7e-8827 EXHIBIT"A" __ _ __ _,c."• ./� ./,� =� PAGE 1 OF 1 9-5-2002 F.C.I. SUBDIVISION 7984--UNSURVEYED REMAINDER DESCRIPTION ROADWAY EASEMENT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA, BEING OVER, UNDER,AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "UNSURVEYED REMAINDER"OF"SURD/VISION 7984, MONARCH AT GALE RANCH-AS FILED ON THE ni DAY OF ,2002 IN BOOK OF MAPS, AT PAGES TO , INCLUSIVE, CONTRA COSTA COUNTY RECORDS, FOR PURPOSES OF A ROADWAY EASEMENT,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF "PARCEL 'U" OF SAID SUBDIVISION 7984; THENCE ALONG THE EASTERLY PROPERTY LINE OF "SOUTH WEDGEWC7OD ROAD"OF SAID SUBDIVISION 7984 NORTH 17012'25"EAST 7.80 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EASTERLY PROPERTY LINE NORTH 17012'25" EAST 56.02 FEET TO A POINT ON A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 18030'23"WEST THEREFROM SAID POINT; THENCE DEPARTING FROM SAID EASTERLY PROPERTY LINE AND ENTERING SAID UNSURVEYED REMAINDER THE FOLLOWING ELEVEN (11)COURSES: (1)ALONG SAID CURVE HAVING A RADIUS OF 728.00 FEET, A CENTRAL ANGLE OF 23°00'02", AND AN ARC LENGTH OF 292.24 FEET; THENCE(2)SOUTH 83037'56" EAST 92.00 FEET; THENCE(3)SOUTH 33035'24"EAST 311.55 FEET;THENCE(4)SOUTH 16025'09"EAST 186.46 FEET; THENCE(5)SOUTH 22°17'45" EAST 66.60 FEET;THENCE(6)SOUTH 2005020"EAST 102.05 FEET;THENCE(7)SOUTH 62049'23" WEST 58.38 FEET; THENCE (8) NORTH 40054`49" WEST 154.57 FEET; THENCE (9) NORTH 16017'47"WEST 159.85 FEET;THENCE(10)NORTH 27°35'17"WEST 144.47 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT SAID CURVE BEING CONCENTRIC TO THE AFORESAID 728.00 FEET CURVE MEASURED 56.00 FEET IN A SOUTHWESTERLY DIRECTION; THENCE (11) ALONG SAID CURVE HAVING A RADIUS OF 672.00 FEET, A CENTRAL ANGLE OF 43°47'50",AND AN ARC LENGTH OF 513.68 FEET TO SAID POINT OF BEGINNING. CONTAINING 87,799 SQUARE FEET, 2.02 ACRES, MORE OR LESS. OVER,UNDER,&ACROSS A PORTION OF: ASSESSOR'S PARCEL No. 206-240-003. END OF DESCRIPTION w EXPIRE& � 12-31-2004 5859 OF CAki���� PREPA D B . FRED C. INGALLlkflCtNSED DATE PROFESSIONAL LAND SURVEYOR No. 5859, LICENSE EXPIRES: 12-31-2004 G:1Admin\Jobs-91991084\Surv&yVwd-eamt.do Ruggeri—Jensen—Azar&.Associates ENGINEERS - PLANNERS * SURVEYORS ;: 4890 CHASoT DRIVE,SUITE 200,PLEAsANTAN,CA 94588 PHONE: (925)227-9100 • FAx: (925)227-9300 All3 'f S 18`J0'23"W(R)Ole . ' N 17'12'25"F I 56.02' l c P.0.B. 17+1225"E s63376 �- 7.80' ' q zb I P.0.C. Lit , UNSURVEYED REMAINDER SUBDIVISION 7984 87, 799 s.f. LEGEND 2.02 acres P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING �I .3;-, S62 49'23"W y 0 100 200 58.38' `� CD CD- 1 'inch = 100 ft. SHEET 1 OF 1 EXHIBIT "B" G.\GALEPN2\991084E\ROADACCEPTANCE\RA1125\ESMWr\TEMPSLOPE.DW(; PLAT TO ACCOMPANY LEGAL DESCRIPTION t"'llensen gerl GALE RANCH ar &Assodales ROADWAY EASEMENT 7711 CIVIC DRIVE SUITE 710 WALNUT CREEK, CA 64596 PHONE: (925) 935-7710 + FAX: (925) 935-7763 2 SCALE: [SATE: J08 NO.: CONTRA COSTA COUNTY, CALIFORNIA 1" = 100' 09-05-02 991084 G roadway.txt ---------------------------------------------------------------------- Parcel name: ROADWAY North: 464968 . 0497 East : 1589946. 7252 Line Course : N 17-12-25 E Length: 56 . 02 North: 465021 . 5624 East : 1589963 .2972 Curve Length: 292 .24 Radius: 728 . 00 Delta: 23-00-02 Tangent : 148 . 12 Chord: 290 .29 Course: S 59-59-36 E Course In: S 18--30-23 W Course Out : N 41-30-25 E RP North: 464331 . 2085 East : 1589732 .2225 End North: 464876 . 3898 East : 1590214 . 6759 Line Course: S 83-37-56 E Length: 92 . 00 North: 464866 . 1861 East : 1590306. 1083 Line Course: S 33-35-24 E Length: 311 . 55 North: 464606 . 6594 East : 1590478 .4722 Line Course: S 16-25-09 E Length: 186 .46 North: 464427 . 8034 East : 1590531. 1774 Line Course: S 22-17-45 E Length: 66 . 60 North: 464366 . 1826 East : 1590556 .4447 Line Course: S 20-50-20 E Length: 102 . 05 North: 464270 . 8082 East : 1590592 . 7481 Line Course: S 62-49-23 W Length: 58 .38 North: 464244 . 1437 East : 1590540. 8132 Line Course: N 40-54-49 W Length: 154 .57 North: 464360 . 9520 East : 1590439. 5822 Line Course: N 16-17-47 W Length: 159. 85 North: 464514 . 3797 East : 1590394 . 7273 Line Course: N 27-35-17 W Length: 144 .47 North: 464642 .4234 East : 1590327 .8216 Curve Length: 513 . 68 Radius: 672 . 00 Delta: 43-47-50 Tangent : 270 . 12 Chord: 501 .27 Course: N 49-29-12 W Course In: S 62-24-43 W Course Out : N 18-36-53 E RP North: 464331 . 2127 East : 1589732 .2279 End North: 464968 . 0579 East : 1589946 . 7322 Perimeter: 2137 . 87 Area: 87, 799 sq. ft . 2 . 02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0108 Course : N 40-37-07 E Error North: 0 . 00821 East : 0 . 00705 Precision 1 : 197, 950 . 93 Page 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 5, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/701 SUBJECT: Amending Subdivision Agreement, Subdivision 8262, Alamo Area. (District III) The Public Works Director reports that the original secured improvements are 95%complete and that this substitute security will secure the remaining 5% and the new improvements as shown on the revised plans stamped on August 28, 2002 by the Public Works Department. The following substitute security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Sherman Ranch L.L.C. as principal in the form of a corporate surety bond (Bond No. 1848096, dated July 31, 2002) and issued by Insurance Company of the West. The security guarantee details are as follows: BYxw G:tGrpData\EngSvclB0\2o02\I1-75-02\SUB 8262 Bo-23.doc originator: Public Works(ES) Contact: Rich Lierly(313-2348) I hereby certify that this is a true and correct copy of an action c: Director of Community Development taken and entered on the minutes of the Board of Supervisors on Public Works Accounting the date shown. (Tax ID#94-3300943) Construction P.Edwards,Engineering Services T—9-05-03 Sherman Ranch,LLC ATTESTED: NOVEMBER 05. 2002 4456 Black Avenue,Ste.200 JOHN SWEETEN,Clerk of the Board of Supervisors and Pleasanton,CA 94566 COLll1 Administrator Insurance Company of the West �' Branch Surety 11445 EI Camino Real San Diego,CA 92130-2045 By ,Deputy American Contractors indemnity Company c/o Shaw&Hren,Surety Bond Agents 2247 San Diego Ave.,Ste.135 San Diego,CA 92110 RESOLUTION NO.2002/ 701 SUBJECT: Amending Subdivision Agreement, Subdivision 8262, Alamo Area. (District III) DATE: November 5, 2002 PAGE: 2 A. Cash Bond Performance Amount: $2,000 Auditor's Deposit Permit No. 391754 Date: August 21, 2002 Submitted by: Sherman Ranch L.L.C. Taxpayer's Identification Number: 94-3300943 B. Surety Bond Bond Company: Insurance Company of the West Bond Number: 1848096 Date: July 31, 2002 Performance Amount: $175,300 Labor&Material Amount: $88,650 Principal: Sherman Ranch L.L.C. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on May 23,2000,is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the existing surety bonds with American Contractors Indemnity Company(Bond No. 89138, dated October 14, 1999). BE IT FURTHER RESOLVED that the original security bond with American Contractors Indemnity Company(Bond No.89138,dated October 14, 1999)is hereby RELEASED. BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund the$2,800.00 cash deposit(Auditor's Deposit Permit No.349201,dated April 28,2000)plus interest in accordance with Government Code Section 53079, if appropriate, to Sherman Ranch L.L.C. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/701 COUNTY OF CONTRA COSTA -4 - `' DEPOSIT PERMIT � OFFICE OF COUNTY.AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM •M _^y ORGANIZATION NUMBER `-' -✓ ic1 c�P Lz C_ t,7,01 R 1�s (Foe Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ��T TASK TION ACTIVITY AMOUNT $ I T �G ' . , 1 4AIAlly r - _ �- ' C 6 " " S Jl COt r9ft-s - - i - � L b 10) `& al I- of `" ylabliv I I I I I l~ } 1/311 03 � S 1, 6e-14 T, l ,. S 3 r : : i I el I I I I L . I I I I I I I ] A I I i 'EXPLANATION: TOTAL $ i ( ` V _=J 411 0 0 DEPOSIT d� * 6 "`(� �. t;�Gl� �L�-��a �t �� Deposit consists of the foll�+ing COIN and CURRENCY 1 $ CHECKS,M ,ET A. $ s BANK DEPOSIT $ -c- x ( (" FOR AUDITOR-COT LER USE ONLY DEPOSIT PERMIT DP_ C, NUMBS DATE 991754 AUG l `02 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above®esto is hereby deposit into to County Bury acknowledged Signed: ��id '�y"' 'r (,^ .Date S+gr+ed: Signed; Titis: .", P EXT .3- Dap Audi Deputy County Tnpsurr 6-34 REV.(743) 141) L7Q is) 000649-9665 / 813000: 61093880, $114.684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093882, $58.108.00, DA 0009/10 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 1 813000: 61093884, $111.724.00, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093865, 8 2 i 00, RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093867, 1 000.00, SUB 8619 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093869,$2,170.00, RA 1133 Road Acceptance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093871, $1,000.00, SUB 8155 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093872, 1,000 00, SUB 8153 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093875, $1,000.00, SUB 8618 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093877, $2,000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite#200,Pleasanton,CA 94566 819800-0800: 61093879, $1,000.00, SUB 8156 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093881, $14,273.00, RA 1123 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093883, $7,201,00, DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093885, $13,903.00, PA 0001 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 W 000678-9191 / 818800: 61094084, $706.504.00, SPRW EBMUD Easement, Placer Title Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576 000678-9191 / 818800: 61094085, $72,834.00, SPRW EBMUD Temporary Easement, East Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623 000649-9665 / 813000: 61093858, $500.40, RS 2695 Record of Survey Map Check Fee, Bud LaVerne & Rosalia Simmons, 3859 Joan Avenue, Concord, CA 94521 000649-9665 / 813000: 61093859, 500.40, RS 2694 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville,CA 94526 000649-9665 / 813000: 61093860, $500,x, RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell, 92 Lucille Way, Orinda, CA 94563 000649-9665 / 813000: 61093861, $500.4 ►, RS 2696 Record of Survey Map Check Fee, RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek, CA 94596 000649-9665 / 813000: 61093862, $500.00, RS 2697 Record of Survey Map Check Fee, Robert W. Randles & Ling Ling Li, 1 Chapparal Place, Orinda, CA 94563 000649-9665 / 813000: 61093864, $66.828.00, RA 1124 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093866, 5.000,40, SUB 8619 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093868, $13.365.40, RA 1133 Road Inspection Acceptance, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093870, $5,000.00, SUB 8155 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093873, $5,000,04, SUB 8153 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: 61093874, $5,000, , SUB 8618 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093876, $5,000.04, SUB 8156 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093878, $11,478,44, SUB 8262 Inspection Fee Deposit, Sherman Ranch LLC, 4456 Black Avenue, Suite#200, Pleasanton,CA 94566 � _ G Subdivision: 8262 - Loa 5 Bond No.: _ 184 80 96 Premium: $4,006.00 for the initial two year term and $2,003.00 annually IMPROVEMENT SECURIT"YW&Wter. FOR SUBDIVIsm AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL v ScrupiV1S.LQ .I FNT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8262 Lots 5&6 .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2» OBLIGAT10N: SHERMAN RANCH, LLC as principal and INSURANCE COMPANY OF THE WEST a corporation Organized and existing under the laws of the State of CALiFgRN-1A and authorized to transact surety business in California, as surety, hereby ,jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa,California to pay as follows. A. Performance and Guarantee: ONE HUNDRED SEVENTY FIVE THOUSAND THREE HUNDRED----- Dollars($_1 75,300.00 ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. R. Payment. EIGHTY EIGHT THOUSAND_ SIX HuND}3ED ETErg_ ------------- Dolma (S 88,650.00 .)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. CM ON; A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators,successors or assigns, shall in all things stand to and abide by and well and truly keep 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 (or city assignee) its officers,agents and employees,as therein stipulated, Hien 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. 9 B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, 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 effect. 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 An SEALED on JULY 31, 2002 PRINCIPAL: SHERMAN RANCH, LLC SURETY: INSURANCE COMPANY OF THE WEST Branch Surety Address: 4456 Black Ave. , Ste. , 200 Address: ] 14.45 >a.l Camino R _a1 City: PlgasanLgn. CA Zt9794566 City: San Diego, CAZip; 2130 2045 (858) 350-2900 By: '— By: Print Name. MA En Print Name: Jerome L. Hren Title: Title: Attomey-in-Fact 2kp (AG#PVftU {Sv"onnMN wo N-12.aoc Rev.Nova dw 2S.2000 No. 0001417 ICW GROUP Power of Attorney Insurance Company of the West The Explorer insurance Company Independence Casualty and Surety Company KNOW ALL iv#1 N BY THESE PRE MNrr& That insu anog Company of the West a Corporattou dully organ=d under the laws of the Mata of Cati&rnia,rat Explorer Irisu:ance Cartpany.a Caporatim duly otprazed under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Colpo ratron duly otgankwd under the laws of the Bute of Taxes,(collectively referred ttooaasTNthe *"C mPaimes-),,doo thereby appoint JERt MIK L I 1i,JXRRi c i Scsei.'iT their true and lawful Ates)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,Wiry and rusty bonds,undertakings and 000 similar contract of sura"hip,and any related documents, ' 1N WITNESS WHEREOF,the Companies have caused these int+wnU to be executed by its duly authorised offi sari this 16th clay of January,2001, INSURANCE COWANY OF THM WEST THS LtXMORM]INSURANCE COMPANY SEA 1 INDEPMDENCK CASUAL'T'Y ANT)SURETY COMPANY t John H.Craig,Assistant Secretary John L.Hamm,Executive vicar PresWant State of California County of San leo 98• n January 16,2001,before me,Norma Porno,Notary Public,pettsoutally appeared Jahn L.Hamtum and John H twig,personally known to me to be the persxtm wh Ow mamas are subscribed to the with instrumeut,ad acknowledged to me that they executed the wee in their auhed capecitiaa,and that by their signatures on this Wit,the entity upon behalf of which the persons acted,executed the instrument, Whess my harm and official seal. OMMNOTARYr t -x-110 as ARCH to Norma Pcstter,Notary Public RESOLUTIONS This Pv--i°of Attorney is granted and is,used,armed and uotarired with fackolile signatures and seal#under authority of the fallowing resolutions adopted by the respective Boards of Directors of each of the Companies: "RESGILVEU; That the P esidEnt,an Executive or 9oaior Vice President of the Company,together with the oceeta> ry or any m :Secretory,era hereby autbxsrwaad to execute Powers of Attorney sppD%mw#the parser(#)named as Attorney(#)-ur-Fact to date,execute,saga, see2,and deliver on behalf of the Cam;xmy,fidelity and surety Vis,undatkinp,and other aimi]ar contracts of suretyahtp,and any related RESOLVED FURTHER: That the signatxrrea of due officers making the appointment,and the Signature of any offeer yiug the validity .'and owrad status of 60W ,may be facsimile tions of those signatures;and the sign tura and seal of any notary,and the Company,maybe facsimile reprpsentgum of those signatures and seals,and such&mnda represerabons&hall have the same foroe and effect as if manually affixed. The fhcsuxsite representations ref red to herein may be affixed by stamping,printing,Vpm&or qh,, p7a't000pying', CERTIFICATE 1,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and independence Casualty and Surety C do herelxy certify Haat the foregofmg Power of Attorney is in full fcrwss end effect,and has not been rmvked,and that the above resolu were dui " any' e respective Boards of Companies,of the and are now in full farce. y by ileha IN WITNESS WHEREOF,I haus so: hand oris 31st day of JULY 9 Joh H.Cra*Assigwt Seams To verify the authenticity of this Power of Attorney you may call 1.800.677.2121 and ask for the Surety Diivision, plan refer to the Power of Attorney Number, the above earned individuals)and details of the bond to which the power is attaohed, Far i�tion or filing claims,pariah contact Surety Claims,ICW Group, 11455 El Camino Real,Bast�,CAa 9213-2045 or call(858)350-2400. F _ -dALIFORN1A ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On July 31, 2402 beforeme, Jennifer Hren Notary Public , Date Narne and TRIe of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Jerome L. Hren Names)of Signar(s) [X personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les),and that by his/her/their signature(s)on the instrument the person(s), JENNIFER'"" EN or the entity upon behalf of which the person(s) acted, _ COMM. #1205304 executed the instrument. i NOTARY PUBLIC-CAL!'MRNIA t► +N` SAN DIEGOCOUNTY �.i M commission empires � WITNESS my hand and official seal. DP;EMBER 19,2002 4 8igrtsture 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: Improvement Security Bond for Subdivision Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Jerome L. Hren Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Titie(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General L4 Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ® Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator e ❑ Other: Top of thumb here [l Other: Top of thumb here Signer is Representing: Signer Is Representing: Insurance Company of the West C5 1994 National Notary Association-8235 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 Prod.No.5807 Reorder:Call Toll-Free 1.800.876.8827 w 6e NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF ALAMEDA } On August 14, 2002 , before me, I STANFIELD, a Notary Public in and for said State, personally appeared raxY > naTrs: :personally known to me (or proved to me on the basis of satisfactory.evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged.to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) anted,-executed the instrument. WITNESS my hand and official seal. J. STANFIFLD COMIM.#.1335490 Signature _ "~'" :C� NOTARY PUBLIC-CALIFORNIA 0 ALAMEDA COUNTY 0 COMM.EXP.JAN. ?5,2()06- - (Phis sty for oftsi n&mW sal) OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT IMPROVEMENT SECURITY BOND FOR _lDDIV_TSION ° RFF�MF TAT Title or Type of Document Date of Document NO'TARY.BLK(Rev 8x94) COUNTY OF CONTRA COSTA / DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THETREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM l` ILS NCj f" ORGANIZATION NUMBER tOwrd1' (For Cash Collection Procedures seer County Adminkfto is Bulletin 105,) DESCRIPTION FUND/CIRC. SUB. TASK , PTION ACTIVITY AMOUNT ACCT. Si4L:tom f�l� idr cl�_3ia� u'�1 L ni S� trS I q � 4 R EQ �� 'z 1: rJ, ' 06.4,5-) '740 4;L64'73 E - IOil 4611277 75 3 ; rTEE Kill T36146, EXPLANATION: TOTAL $ DEPOSIT ` Dt� 110.' .0".V'eq} 3t,�.ll i5 -moi` , i + etirl b a S�„7`�r1�i! Deposit consists of the following items S ;" -9�2 COIN and CURRENCY ' '"�'�"�.co y cel I t.'3 9:3 I� y t r 6 3--i`,�k-r9 A Li4 f2':t i K +� Z5 L T a; CHECKS,Ma ETC. BANK DEPOSITS $ FOR AUDITOR'=CONTROLLER USE OMY DEPOSIT G i�f # V + 1 � rr i'fYfr�r.d 7" PUNT �4 A ea A# � r NU BER 'T-� DATE J ASSIGNED The amount:of money,described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby- deposrt into the County Treasury. � �� Signed Data Signed: Signed: Tithe.;` .,. r EXT'.. d Depety, 6unty Audilpe Deputy Coupty,Treasurer. 0734 REV.(7-93) t 4y� ' COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECENED FROM }C, r? ORGANIZATION NUMBER— (For UMBER(For Cash Collection Procedures sae County Administrator's Bulletin 105.) DESCRIPTION FUN©/ORG. SUB..ACCT TASK OPTION ACTIVITY AMOUNT ; p i J 1 i { I' C 7 i' t: C i h _ L EXPLANATION: TOTAL $ o DEPOSIT o Deposit consists of thel following items COIN and CURRENCY CHECKS,Ma ETC.. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER 4'' AATE SSIGNED The amount of rrumW'described above is for Treasurer's receipt of above amount is approved. Receipt of oboye amount is hereby, deposit into the County Treasury. acknowledged. Signed: ( tr xY Date P Signed: , Signed: Title: , l r '. C yI�EXT. 1 Y Deputy County Aud+tar' Deputy County Treasurer ) D-34 REV.(7-93) 'y6 - %, .. .�• ,✓ Crt e-'A �_as Y, ¢ �s� ` 2 ^ � a .�/l,fi..y,_ �,. �t�r( l e� A W> , �✓ 831000: $16,136.00, G1038314, SUB 8262, Inspection fee, Sherman Ranch LLC, 4456 Black Ave, Ste 200, Pleasanton, CA 94566 812100: $19,242.00, G1038314, SUB 8262, drainage deficiency fee, Sherman Ranch LLC, 4456 Black Ave, Ste 200, Pleasanton, CA 94566 819800: $2,800.00, G1038314, SUB 8262, Sherman Ranch LLC, 4456 Black Ave, Ste 200, Pleasanton, CA 94566 i Subdivision:' 8262 JSherman Ranch) Bond No.: 8 Premium: $5,560.00 for initial two year term IMPROVEMENT SECURITY BOND . , FOR SUBDIVISION AGREEMENT , 1w.� (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. I2FCITAI OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision_ 8262 (Sherman Ranch)--- . 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 the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Sherman Ranch, LLC as Principal,and. American Contractors Indemnity Company– ,acorporation organized existing under the laws of the State of California , and authorized to transact 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 it: A. Performance and Guarantee:**Two Hundred Seventy Eight Thousand******($278,000.00 ) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: One Hundred Forty Thousand Your Hundred and N01100 Dollars($- 140,400.00 $140,400.00 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. COMMON: A. The Condition of this obligation as to'Section 2.(A)above is such that if the above bonded Principal, his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is 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 (or 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. (IV ( B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety 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 agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and 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 condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bonds and consent is hereby given to make such alteration without fiuther notice to or consent by 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 Principal whenever.taken. SIGNED AND SEALED on October 14, 1999 PMCIPAZ„ Sherman Ranch, LLC SjjM'I'y;American Contractors Indemnity Compaw c/o SKaw & Hren, Surety Bona Aients Address: 4456 Black Avenue, Ste. 200 Address: 2247 San Diego Ave., Ste. 135 City: Pleasanton _94566 -- City: San Diea,oi�Zip: 92110 By: ''-�"' By: 1 .!/ IV-^a..L. Ftp $-w--- Print Name: Print Mame: Jerome L. Hren Title: Title: Attorney--in--Pact :mW 43:KhpDst&\ftXPvc\Fem v\HN WORDkBN-13doe Rev.Jeae 174 19" CALIFORNIA ALL-PURPOSE ACKNOWLED43MENT State of California County of San Diego On 101,14/99 before me, _ Melanie Anderson, Notary Public Date Name and Tmtis of Ofter(e.g.,Vane Dos,Notary PM10 personally appeared Jerome L. then Nwr*$)or 8w"*) M personally known to me--OR--0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Is/are subscribed to the within Instrument nd acknowledged to me that he/she/they executed the M ��ANDERSON ame in his/her/their authorized capacity(les),and that by C M. #12301778 s/her/their signature(s)on the instrument the person(s), UNOTARY PUBLIC•CALIFORMA a My o11r r the entity upon behalf of which the person(s) acted, AtJGtJ3T 27.rpw xecuted the instrument. WITNESS my hand and official seal. SignakWal Notary Public OPTIONAL Though the Information below Is not required by law,It may prove valuable to pentons retying on the document and could prevent fraudulent removal and reattachment of this torr to another document. Description of Attached Document Title or Type of Document: Subdivision Improvement Bond No. 89138 Document Date:_-_-10/14/99 Number of Pages: 1 Signer(s) Oth$r,Than Named Above: Cepaclty(les) Claimed by Signer(s) Signer's Name: Jerome L. Hren Signer's Name: 0 Individual 0 Individual O Corporate Officer 0 Corporate bfflcer Titie(s): Title(s): 0 Partner—0 Limited 0 General © Partner—0 Limited Cl General ® Attomey-in-Fact 0 Attomey-in-f=act 0 Trustee Ci Trustee 0Guardian or Conservator 0 Guardian or Conservator Cl Other: Top of tlltimb here d Other: Top of thwb here Signer Is Representing: Signer Is Representing: American Contractors Indemnity Company 0 1994 National Notary Association-b238 Awnmet Ave.,P.O.Box M4-Canoga Park,CA913M.7164 Prod.No.5807 rtaof*r Call TWree I-800476-M2? AMERICAN CONTRACTORS INDEMNITY COMPANY Los Angeles,California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation(the"Company"),and having its principal office in Los Angeles,California does hereby constitute and appoint: Jerome L.Hren of San Diego,California as its true and lawful Attorneys)-in-fact,in amount of S 600.000.44 to execute{seal and deliver for and on its behalf as, surety any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof which are or may be allowed,required or permitted by law,statute,rule regulation,contract or otherwise,and the execution o? such instruments in pursuance of these presents, shall be as Minding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on on the 6thday of December, 1990. RESOLVED that the Chief Executive Officer,President or any Vice President, Executive Vice President, Secretary or Assistant Secretary,shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and s its corporate seal to be affixed by its authorized officer this__ 30th day of Seatember 19 97 W►CT�, AMEFUCAN CC1 1'I'to WAI+iY STATE OF CALIFORNIASER B ., Y COUNTY OF LOS ANGELES 0 0 Andy Fauk Praddent On Sgigmber 30.1997 before me,- a.C ` personally pered_ Andy Eausl personallyy sown to rix to a the person whose name is subscribed to a 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 acted, executed the instrument. WITNESS my hand nd official seal. a Cid cm1mow 010910" a *IlftftyptAk—cafteft I MW2&� CERTIFICATION I the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do herebyy certifythat I have compared the Foregoing copy of the Power tiff Attorney and affidavit,and the copy of the resolution adopted by the Board of Directors of said Company as set for in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 14th day of October . 19 99 L Albert BamSerten,Secretary lJp AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 Airport Boulevard, 9" floor, Los Angeles CA 90045 (310)649-0415 SURETY BOND INCREASE OR DECREASE PENALTY RIDER V r Bond Number: 89138 Premium: $5,632 for the initial two year term and$2,816 annually thereafter. Description of Bond: Improvement Security Bond for Subdivision Agreement for Performance and Guarantee and Payment for County of Contra Costa Tract 8262(Sherman Ranch). Know all men by these presents that we: S ERMAN RANCH.LLC , as Principal and _ AMLLMAN CONTRACTORS INDEMNITY COMPANY , as Surety in favor of CONTRA COSTA-COUNTY-CA- Obligee do hereby,jointly and severally, change the penal amount of this bond from Two Hundred Seventy Eiaht Thousand dollars ($278.000.00 to Two Hundred Eighty One Thgusand Six Hundred dollars($281.600.00), for Performance and Gy ara4tee, effective from the 14th day of October. 1999 And, from One Hundred Forty Thousand-Four Ilun ed dollars($140,400.00)to OneHur}.dred FaM Two Thousaud Two Hundred dollars (S 142.200.00) for Pa men , effective from the 14'day of Qctober, 12a . The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums as set forth for Performance and Guarantee and Payment respectively Signed and sealed this-Ll�' day of April' 2000. Accepted: Principal: Sherman Ranch. LLC The above is hereby agreed and accepted this day of 2000 By: Gary Brooks, managing member Contra Costa County Obligee Surety: American Contractors Indemnity By: { (Title) By: AAN"v'V-`4`'L - ►.^�..`-.... Jerome L. Hren, Attorney in tact American Contractors Indemnity Company Los Angeles,California : POWER OF ATTORNEY KNOW ALL MEN BY TNESB PRESENTS:That AMERICAN CONTRACTORS INDEMNITY CO$+IP4 California Corporation (the"Company"),and having Its principal office In Los Angeles,California does hereby constitute und,epr:h►t: .+ Jerome L. Iken of San Diego, California as its true and lawful Attorneys)-in-fact,In amount of$-611Q-M-99 ,to execute,seat and deliver for and on Its behalf as surety,any rind all bonds and undertakings,recognizances,contracts of Indemnity and other writings obligatory in the nature thereof,which are or may be ntlowed,required or pennitted by lnw,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the snid AMERICAN CONT'RACT'ORS INDEMNITY COMPANY,as fully and amply,to all intents and purposes,as If the same had been duly executed and acknowledged by Its regularly elected officers at its principal office. I 'Iiris Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on fixe 6th day of December, 1990. RESOLVED that(lie Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary, shall have power and authority.. 1.To appoint Attorneys)-in-fact and to authorize than to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of Indemnity and other writings obligatory In the nature thereof and, 2.To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURT IMR,that the signature of such officers and the seal of the Company may be aMxed to any such power of attorney or atter certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seat be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon tine Company fn the future with resit to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seat to be affixed by its authorized amcer this 30th day of Sepr .ndl rr 19 97 �►tTt7� AMERICAN CONTRACTQRS IDE MPANY NKNMnO By: Wt'24 1141 II + Andy Faust,President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On _September 30, 1997{ fore me, 8.Caiadtc , personally appeared - Andy Faust personally known to me to be the person whose name is subscribed to tine within instrument and acknowledged to the that lie executed fire same in his nuthorizcd capacity,and that by his signature on the instrument the person,or the entity upon behalf of which tine person acted, executed the instrument. lir WITNESS my hand and official seal IL CAMC Ccrrrn110111M N 1008990 Notwykac—covatia If Lra M9"County 61MV Carrnr.t May 2g,2000 CHRTTfqCATION 1, the undersigned officer of AMERICAN CONTRACTORS INDUMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the resolution adapted by the Board of Directors of sold Company v -t forth in said Power of Attorney,with the ORIGINALS ON PILE IN THE IIOML OPPIC13 OF SAID COMPANY,and flint same are l ct transcripts thereof and of the whole of the said originals,rind that the said Power of Attorney fins not been revoked acrd is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 11th day of April . , 2000 Albert Baumgarten,Secretary r, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California . �_ (� County of San Diego - t,,t�� \�/` 1 11 2000 Melanie Andersdn.ift ry Public On April before me, Date Name and Tft# Ja+e doa,Na1+►Y PubliCry personally appeared Jerome L. Hren , Nama(a)of sipnar(a) iXi personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the S0MELAFtIE ANOi pSON same In his/her/their authorized capacity(les),and that by COMM. #1230776 fl his/herAheir signature(s)on the Instrument the person(s), `- NOTARY PUBLIC-CALIFORNIA (4 or the entity upon behalf of which the persan(s) acted, AN DIEGO COU14TY My Commission Expires -� executed the Instrument. a AUGUST 27,2003 WITNESS my hand and official seal. r swam d No"Pum OPTIONAL Though the Information below is not required by taw,it may prove valuable to persons relping 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 Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Jerome L. Hren Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Titie(s): Title(s): ❑ Partner—❑Limited 0 General ❑ Partner--❑ Limited ❑General * Attomey-in-Fact ❑ Attorney-In-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top or thumb here ❑ Other: Top of thumb hero Signer Is Representing: Signer Is Representing: American Contractors Indemnity Company dS 1"4 Natk"j mo"Amcfathsn+a=Rammer Ave,,P.O.8ax 7164•Cam Pais,CA 03MM4 Pfd.No.MW Raordar:Cal TON-Frau i_80"764927 JEROME L.HREN GEORGE A.MAREMA 5HAW-and ,SURETY BOND AGENTS JERRY N.J.SHAW 2247 San Diego Avenue, Suite 132 • San Diego, California 92110 • (619) 297-2888 • FAX (619) 297-2884 • License #OB33290 April 11, 2000 Mr. Gary Brooks Sherman Ranch, LLC 4456 Black Ave., #200 Pleasanton, CA 94566 Re: Conta Costa County- Tract 8262 Bond No. 89138, Revised Bond Amounts Dear Gary: I have enclosed the original bond which you forwarded to me for correction of the bond amounts. Also, I have enclosed a rider to the bond which corrects the bond amounts. Please note that you need to sign the rider and present it to the County for their signature and acceptance. Should you have any problems with the County, please let me know and we will do whatever is necessary to correct. Sincerely, Jerome L. Hren i ALBUQUERQUE PHOENIX SAN DIEGO