HomeMy WebLinkAboutMINUTES - 09132005 - C13 .v
TO: BOARD OF SUPERVISORS
FROM: SHIU.,MAURICE M. PUBLIC Ci
/
DATE: September 13, 2005
SUBJECT: Accepting Offer of Dedication for Roadway Purposes, for LP 02-0206 8,being developed by Gan
Shalom,, Inc.,Martinez, area. (District 11)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/0*,.W for LP 02-02068,accepting Offer of Dedication for Roadway Purposes,for
project being developed by Gan Shalom, Inc.,Martinez area. (District II)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Acceptance of this Offer of Dedication for Roadway Purposes is necessary to satisfy Condition of Approval number
34, which states that additional Right of Way along Hampton Road is necessary to widen Hampton Road to a
minimum 28-foot width with 4-foot shoulders.
CONSEQUENCES OF NEGATIVE ACTION:
This offer of dedication will not be accepted for recording and Condition of Approval number 34 will not be
satisfied.
Continued on Attachment:too� SIGNATURE:
_(A&COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
SIGNATURE(S):
ACTION OF BOA ON G M G ' APPROVED AS RECOMMENDED
-,,,X OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS
minutes of the Board of Supervisors on the
»v d
UNANIMOUS(ABSENT lev ) ate shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED.C40T
JOHN SWEETEN, Clerk of the Board of
G:\GrpData\EngSvc\B0\2005\09-13\LP 02-02068 BO-30 Hampton.doc
Originator: Public Works(ES) Supervisors and County Administrator
Contact: S.Gospodchikov(313-2316)
cc: Current Planning,Community Development Depardnent
Gan Shalom,Inc.
3315 Stagecoach Drive
Lafayette,CA 94549 By Z Deputy
461
Recorded at the request of:
Contra Costa County
Board of Supervisors
Return to:
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 13, 2005 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO,, 2005/
SUBJECT: Accepting Offer of Dedication for Roadway Purposes,for LP 02-02068,being developed
by Gan Shalom, Inc., Martinez area. (District II)
IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR
RECORDING ONLY:
INSTRUMENT REFERENCE GRANTOR AREA JLWr
Offer of Dedication for LP 02-02068 Gan Shalom, Inc. Martinez II
Roadway Purposes Hampton Road
APN: 365-010-008
I hereby certify that this is a true and correct copy of an
AH:,,,, action taken and entered on the minutes of the Board of
G:\GcpData\EngSvc\B0\2005\09-13U.P 02-02068 BO-30 Hampton.doc Supervisors on the date shown.
Originator: Public Works(ES)
Contact: S.Gospodchikov (313-2316)
Recording to be completed by COB
cc: Current Planning,Community Development Department �F � 14,
Ga°sem'°�,In°. ATTESTED: �e � aZo"�
3315 Stagecoach Drive
Lafayette,CA 94549 JOHN SWEETEN, Clerk of the Board of Supervisors and
County Administrator
By ,Deputy
Or 1W
RESOLUTION NO.2005/ �'5 �
Recorded at the request of: VIII I II
Contra Costa County II I IIII I
II III I�I
III
I III III
III II II
I IIII II
Board of Supervisors
Return to: CaN1RA COSTA Co Recorder Office
Public Works Department STEPHEN L. WEIR Clerk-Recorder
Engineering Services Division
Records Section DOC. 2()o _035 1103�00
Ic Wednesday, SEP 14, 2005 15:15:46
Area: FRE 60.00
Road: Tt 1 Pd $0,00 Nbr=6162898298
Co.Road No.: 2AV 1rc/R9/1m7
Development No.: L.-P 0Z'2,e6,k
APN: 3U s-of 0-ad g
OFFER OF DEDICATION-ROAD PURPOSES
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 public purposes, including
maintenance thereof, the fee title-to 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
cDe«>
(Name of owner as shown in title report)
r
�
(Signature)
(Print N cle) FroUlUt M. W 1 Nit�tt
(Print Name&Tide)
(See attached notary)
JD:lad:rm
G:\GrpData\EngSvc\Forms\OF WORD\OF-6.doc s�����/f✓�
Rev. May 1,2003
.'_____._J lam_./"4-..-r. A join/A1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
C�� } Ss.
COUNTY OF I���
On1 LjvONotarybefore me the undersigned, a Public in and for
� �4�'�-�
said StateP ersonaliy appeared
Name( of Sign <S)
0 Personally known to me OR J200 proved to me on the basis of satisfactory evidence to be the persor�,(4
whose name e subscribed to the within
e/Ust ment nd acknowledged to e that
/tho executed the same in hi ' r/0,00r
AAA & ImA AA AAA A authorized apacity(ieX, and that by iqtr/ �ir
signature( on the instrument the person or the
,a
JA VONNtE!#.FRANKUN nV= 3C entity up n behalf of which the so (,s� acted,
& COMM,#1325567 M execute e instrument.
W NOTAflYPUBLIC-CALIFORNIA ap
a liiip CONTRA COSTA COUNTY "
My Commission Expires OCT,16,2005 Witn ss a d and I al.
IV 1w V
Signature No a
(Area above for official notarial seal) 1 061 Name Typed or Printed)
Capacity Claimed by Signer Description of Attached Document
0 ividual(s) (Although this information is optional, it could prevent fraudulent
attachment of this.certificate to another document.)
o orate Officer( Title(
This certificate is for attachment to the document
described below:
Title or type of do ument
V
0 Partner(s) /1 �
0 Attorney-in-Fact 1�.c�/
0 Trustee(s) Number of pages
❑ Guardian/Conservator
[3 Other: Date of document
Signer(s) other than named above
Signer is Representing: Name of person(s) or
Entity(ies)
SAV-191 A(7/98)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss,
County of Alameda
On July 8, 2005, before me, L. Quaintance, Notary Public, personally appeared Jared A. Goldin, proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument, the entity upon behalf of-which the person acted,
executed the instrument.
L.QUAINTANCE WITNESS my hand and official seal.
sweI commission# 1392629
Notary Public-California
Alameda County
7
My Comm. Jon 30.200
G���
L. uainta ce, Notary Public
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: Offer of Dedication — Road Purposes (Bear Creek Road APN365-010-008)
Date:Document June 16, 2005 Number of Pages: Three (3) (1 page with 2 loose acknowledgments)
Signer(s) Other Than Named Above: Frank M. Winer
Capacity(ies) Claimed by Signer(s)
Signer's Name: Jared A. Goldin Signer's Name:
❑ Individual 0 Individual
Corporate Officer: 0 Corporate Officer:
Secretary
El Partner: 0 Limited 0 General 0 Partner: 0 Limited 0 General
El Attorney-in-Fact M Attorney-in-Fact
[:1 Trustee M Trustee
D Guardian or Conservator 0 Guardian or Conservator
0 Other: [I Other:
Signer is Representing: Signer is Representing:
Gan Shalom, Inc.
EXHIBIT"A"
RIGHT OF WAY DEDICATION
HAMPTON ROAD WIDENING
ALL THAT REAL PROPERTY, SITUATE, LYING AND BEING IN UNINCORPORATED CONTRA COSTA
COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL"B",AS SAID PARCEL IS SHOWN ON THE MAP OF SUBDIVISION MS 244-
77, FILED IN BOOK 80 OF PARCEL MAPS AT PAGE 35, CONTRA COSTA COUNTY RECORDS AS
SAID PARCEL"B"WAS ADJUSTED PER LOT LINE ADJUSTMENT RECORDED IN SERIES NUMBER
2001-334473, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL"B"AS SAID PARCEL"B" IS SHOWN
ON THE PARCEL MAP FILED NOVEMBER 4, 2003 IN BOOK 188 OF PARCEL MAPS AT PAGE 32,
CONTRA COSTA COUNTY RECORDS, SAID POINT OF BEGINNING BEING COMMON WITH THE
EASTERLY RIGHT OF WAY LINE OF HAMPTON ROAD; THENCE FROM SAID POINT OF
BEGINNING ALONG THE WESTERLY LINE OF SAID PARCEL"B"(80 PM 35)NORTH 24°54'37" EAST
103.60 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF
1480.00 FEET;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 260.71 FEET THROUGH A
CENTRAL ANGLE OF 10005'34";THENCE NORTH 35°00'11" EAST 123.15 FEET TO THE BEGINNING
OF A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 445.00 FEET; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 182.26 FEET THROUGH A CENTRAL ANGLE OF
23028'00"; THENCE NORTH 11°32'11" EAST 401.83 FEET;THENCE NORTH 12°08'01" EAST 284.61
FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF
80.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 41.23 FEET THROUGH A
CENTRAL ANGLE OF 29°31'49"TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 10.00 FEET,A RADIAL LINE TO THE BEGINNING OF SAID CURVE
BEARS NORTH 48020'10"WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 16.87
FEET THROUGH A CENTRAL ANGLE OF 96°41'06"; THENCE LEAVING SAID WESTERLY LINE OF
SAID PARCEL"B"SOUTH 73029'20"WEST 11.69 FEET TO THE BEGINNING OF A NON TANGENT
CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 75.00 FEET,A RADIAL LINE TO
THE BEGINNING OF SAID CURVE BEARS NORTH 48°20'10"WEST; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE 38.66 FEET THROUGH A CENTRAL ANGLE OF 29°31'49"; THENCE
SOUTH 12°08'01"WEST 284.58 FEET; THENCE SOUTH 11°32'11"WEST 401.80' FEET TO THE
BEGINNING OF A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 450.00 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE 184.31 FEET THROUGH A CENTRAL ANGLE OF
23°28'00"; THENCE SOUTH 35°00'11"WEST 123.15 FEET TO THE BEGINNING OF A CURVE,
CONCAVE TO THE EAST, HAVING A RADIUS OF 1475.00 FEET; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE 259.82 FEET THROUGH A CENTRAL ANGLE OF 10005'34";THENCE
SOUTH 24054'37'9 WEST 107.56 FEET TO THE EXTERIOR LINE OF SAID PARCEL"B"(188 PM 32);
THENCE ALONG SAID EXTERIOR LINE OF SAID PARCEL"B" NORTH 26043'00"WEST 6.38 FEET
TO THE POINT OF BEGINNING.
CONTAINING 7,053 SQUARE FEET MORE OR LESS.
EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION
IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
M!Y �
NO,7263 �
�P
sr"�TF of
EXHIBIT "B"
RIGHT OF WAY DEDICATION PLAT
D=96'41'06" p'`O �
ti41�
N R—16.87=10.0 ' SON 73*273'29'20" E
k$�' 11.69'
Z�=29031'49,. � A=19'05710511
NOT TO SCALE R=80.00' � R=222.00'
L=41.23'- L=77.30'
N 12'08'01 E ,;
284.61'
N 11'3211" E `�c46;OpAq. N48020'1 0"W(R)
401.83' � 6
� N 12'08'01 E
EXISTING RIGHT OF WAY LINE ;' � 284.58'
� N 11'32'11" E
PARCEL A D=23'28'00" � z 401.80'
R=445.00'
( 1 as PM 3?) L=182.26' �I NEW RIGHT OF WAY LINE
JAI
N 35'000'11" E 123.15' /lilt � 23*28'00"
p=10'0534" L=184.31'
45' WIDTH PER: R=1480.00' .' N 35'00'11 E 123.15'
(80 PIVI 35) 40' L=260.71 ' 5' TYPICAL ROW DEDICATION
(188 PIVI 32) 5' % p=1 01905134"
N 2405413711 E ," R=1475.00' PARCEL S (POR)
X03.60' loop � L=259.82 (80 P M 35)
P.O.B. ; �L (2001 -334473)
�A
�' ',If GAN SHALOM, INC
���;� �"�p, '`56 �`�, 355-010-005 (POR)
up
S -VIP
"dD
o,
P
� PARCEL 8 J �
( 188 PM azo LEGEND
(R) RADIAL
(T) TOTAL
P.O.B. POINT OF BEGINNING
DATED: s-is-os
F:\DCA_DWG\011099\SURVEY\0149ROWPLAT.tlwg 01-1049-20
AUG-29-2005 11:43 KB HOME SOUTH BAY 1925 750 1823 P.02/11
•
RANSMITTAL .
November 4,2.004 .
TO:. lane Polson-South Bay
.cG Connie Fontana .
Phil Malouf
Ross Ka
FROM: Dawn L y I X--Ae Paralegal
Phone: 10/ �1 27 Fax: 310/231-4280
RE: KB HO uth Bay Inc. -5igxung Authority Resolutions
COMMENTS:. Per Drew Kusnickls'request attached for your records is a Cerlificate of
Secretary certifying the sigru�g authority dor certain officers and non-officers an behalf of
Kg HONE South Bays, Thiscertificate includes signing authority for Miche-ne- Adma the
new escrow manager. Mso attached is an updated list of Officers and nom-officers (with
signing,authority) for the South Bay DivisiorL If you have any questions, please do not
hesitate tc)contact me.
AC'T'ION:
❑ Per your request .
For your records
❑ Please review and comment.
Please execute and return
See Comments
SENT- VIA:
[] Federal Express
Interoffice
Messenger
U1.5"M
Pacsimile
Hand Delivery
10990 wILSiME BOULEVARD,SUITE 700,LOS ANGELES,CA 90024.
AUG-29-2005 11:43 KB HOME SOUTH BAY 1 925 750 1823 P,03/11
10 10'
T , .
KB HOME SOUTH BAY INC.,a California corporation.
Directors: Robert Freed�
Albert Z.Praw" . . .
Officers: Drew Xusnick* . President
Robert Freed" Executive Vice President
Cluis Reder* Senior Vice President,Finance and CFO
P.A. Dent III Senior Vice President
Kelly Allred" Vice President and Treasurer
Marc BIIrrL5tLWin* Vice President,Sales&Marketing
Domexdco Cecere�* Vice President
Joseph J.Gregorich, Vice President,Operations and Ass-stant'Secxetary
William R.Ho qer** vice President and CFO
Jeffrey McMullen; Vice President,Land Acquisition and Flannmg
Paul Medeirog* Vice PresideM Land Development
Ray Peinek* Vice President Forward Planning
Albert Z.Prate* vice President
Veronica Roberson* Vice President,Merchandising and Product Positioning
.
Kimberly Kind" Secretary
Cory F.Cohen'`''' Assistvintoequetary
Ross A.Kay''''" Assistant Secretary .
Phil Mal6uf* Assistant SeaeIII:iii,::iq'
Barton P.Fachino** Assistant Secretary
David B.Simons"" Assistant Secretary .
Non-Officer-Specific,Limited Signing Authority:
Michelle Adam* Escrow Manager
Jennifer Bakers Director of Sales
Trish O'Connell* Director of Sales
Addresses hoz those listed above:
KB]HOME South Bay Inc.
6700 Koll Center Parkway,Suite 200,Pleasanton,CA 94566
KB HOME(Corporate Office)
10990 Wilshire Blvd.,6th-8th Floors,Los.Angeles,California 90024
KB HOME(Walnut Creek Office)
1333 North California Boulevard,Suite 450,Walnut Creek,CA 94596
AUG-29-2085 11:44 KE HOME SOUTH BAY 1 925 750 1823 P.04/11
1
Certificate of Secretary
I,
Kimberly N.King,do hereby certify that I am the duly elected,qualified and acting
Secretary of IKB HOME South Bay Inc.,a Califomia corporation(this"Corporation").
I further certify that the resolutions attached hereto as Exhibit'"A" are a true and
P
complete representation of such resolutions duly1r ;m adopted by the 1arous written►consent of
the Board of Directors of this Corporation as of Noveniber 1,2004,October 1,2004,September . .
13,2004.February 15,2004,July 1,2003,Marc�i 10,2003,December 21,2000,*"�&y 25,2000,
August 25,1999,June
16 1998 and December 6,1995,respectively and that such resolutions
have not been amended modified or rescinded and retxiain in full force'and effect as of the date
hereof.
IN WITNM WHEREOF,I have hereunto set my hand this 3rd day of November,2004.
� c •
xly N.Ku g
Secr
e
AUG-29-2005 11:44 KB HOME SOUTH BAY 1 925 750 1823 P.05i11
E)GUIT"AL7
KB HOME SOL7H BAY INC.
KWLLMONS ADOPTED BY THE BOARD OF DMECTORS
[Adapted as of November 1,?004]
13F IT RFSOLVM,that Michelle Adams,Escrow manager of flys
Corporation,acting alone on behalf and in the name of"Corporation,be and
she hereby is authorized and empowered to execute,ackttowledge and deliver
any and a1i documents deemed by her to be necessary or appropriate in
connection with(a)the sale of residential dwellings developed by this
Corporation,incIizdft*,but not limited to,any and all documents required by
the Department of Housing and Urban Development,and other documents and
insa-u�onents appropriate to cause this Corporation to transfer and convey such
real property and related assets,except-general warranty deeds,in which case
she is authorized to sign together with any other manager,director or other
officer of this Corporation;and(b)any and all other docunnents or agreements
deemed necessary or appropriate in connection with this Corporation's ordinary
course day-to-day business operations and within the general intent of the
foregoing resolutions,
[Adopted as of October 1,,2004] .
P%FS�OLVED.. .,that Paul Medevo%Vice President,L d Development
be.,and he hereby is,authorized and empowered to execute,acknowledge and
deliver any and all documents deemed by him to be necessary or appropriate in
connection with(a)the sale of residential lots by this Corporation including,but
not linifted to,purchase and sale agreements,contract change addendums,
escrow instructions,amendments and assignments thereto,warranty deeds and
owners affidavits;(b) this Corporation's land improvement and development
activities including but not limited to,subdivision improvement agreements,
builder's certification.of plans,specifications and site Pl=S,easements,
development agreements,declarations of covenants,conditions and restricIb
tions,
notices of coxunencement,permit applications;subdivision and bract maps and
exhibits thereto,and supporting documents; (c) this Corporation's land
improvement and construction activities including but not limited to purchase
orders and subcontracts for labor and materials; (d)any and atl applications or
other filings required to be filed with the Department of Real Estate of.the State of
California;(e)any and documents necessary to qualify dor government or quam-
govcx=nentwspcmsored
loan programs including,but not limited to,buyer and
seller certifications;and (f)any and.alt other documents or agreements deemed
necessary or appropriate in connection with this Corporation's ordinary course
day-to-day business operations and within the general intent of the foregoing,
resolutions;
RESOLVED FLTRTfMR,that,any grid all documents executed and acts
taken by Mz. Medeiros since at least March 22,2002 and which documents are
substantiially within the scope of the signing authority afforded to him.above,be
and they hereby are ratified,confirmed and approved.
2
AUG-29-2005 11:44 KB HOME SOUTH BAY 1 925 750 1823 P.06/11
� [Adopted as of September 13,2004]
. : .
RESOLVED,that Jennifer Baker,Director of Sales of this Corporation,
acting alone on bebalf and in the name of this Corporation,be and she hereby is
authorized and empowered to execute,aclalowIedge and deliver any and all
documents deemed by.her to be necessary or appropriate in connection with(a)
the safe of residential dweMngs developed by this Corporation,includingi,but
not hamited to,any and all documents required by the Department of Housing
and Urban Development,and other documents and Lr *nents appropriate to
cause this Corporation to transfer and convey such real property and related
assets,except general warranty deeds,in which case she is authorized to sign
together with any othermanager,director or other officer of this Corporation;
and(b) any and ail other documents or agreements deemed necessary or
appropriate in connection with this Corporation's ordinary course day6wtomday
business operations and witlurt the general intent of the foregoing resolutions.
[Adopted as of February 15.,2004] .
.
RY...SOLVED. . .,that P.A. Dent,III,Senior Vice President,be and he
hereby is,authorized and empowered to execute,acknowledge and deliver
(a)acting alone(but only in the event the then incumbent President2S
unavailable t4 so act)with respect to any and all documents deemed by him
necessary or appropriate in connectioxt with the acquisition and disposition
of real property by this Corporation including,but not limited to,grant
deeds,land contracts,assignments,escrow instructions and other ancillary
agreements; (b) acting alone,with respect to any and aI[-documents deemed
by him necessary or appropriate in connection with the development,
construction and/or improvement of real property including,but not limited
to any and all subdivision agreements,final maps,right-of.-way agreements
and Pe- OrManCe bonds required by a governmental-or quasi.-governmental
agency or municipality as security; (c)acting alone,with respect to any and
all
documents deemed by him necessary or appropriate inconnection with .
any and all applications or oilier filings required to be filed with the .
Department of deal Estate of the State of California; (d)acting atone,with
respect to any.and all documents deemed by him necessary or appropriate to
qualify for government or quasi-government-sp' onsored loan programs
including,but not limited to,buyer and seller certifications;and (e)acting
alone,with respect to any andother'documents or agreements deemed
necessary or appropriate in connection with this Corporation's ordinaxy
course day-to-day business operations and within the general intent of the
foregoing resolutions;
3
AUG-29-2005 11:45 KB HOME SOUTH BAY 1 925 750 1823 P.07i11
i RESOLVED FURfollowing .
THER,that the resolutions shall,effective as
of the date hereof,supersede and replace any and all resolutions previously.
adopted with respect to the powers and authority herein granted including,but
not limited to,resolutions adopted as of July 23,2001,and any such prior
authority is hereby revoked and restated i�its entixety as follows:
RF.SOLVED FURTHER,that Jeffrey Mcivlullen,Vice President,Land
Acquisition and Ray Panek,Vice President,Forward Planning of this
Corporation,be and they hereby are,authorized and empowered,to execute,
acknowledge and deliver(a)acting together with each other or with any then
incumbent Executive Vice President or Senior Vice President of this
Corporation(but only in the event the then incumbent President is
unavailable to so act)with respect to any and all documents deemed by them
necessary or appropriate in connection with the acquisition and disposition
of real property by this Corporation' includin&but not limited to,,grant
deeds,Iand contract,assignments,escrow instructions and other ancillary
agreements; (b) acting alone,with respect to any and all documents deemed
by them necessary or appropriate in connection with the development,
construction and/or improvement.of real property including,but not limited
to-any and alt subdivWon agreements,final maps,right-of-way agreements
derformancepbonds required by a governmental or quasi-governmental
agency or mulucipality as security; (c)acting alone,with respect b)any and
. all documents deemed by them necessary or appropriate in connection with
amy and all applications or other filings required to be filed with the
Department of Real Estate of the State of California; (d)acting alone,with
respect to any and au documents.deemed bythem necessary or appropriate
to qualify for government or quasi-government-sponsored loan programs
including,but not limited to,,buyer and seller certifications;and
(e) acting alone,with respect to any and all other documents or agreements
deemed necessary or appropriate in connection with this Corporation's
ordinary course day-today business operations and witWn the general intent
of the foregoing resolutions.
(Adopted as of July 1,2003] .
RESOLVED FURTTIE�,that Marc Bornstein,Vice President,.Sales and
Marketing of this Corporation,,acting alone in the name of and on behalf of this
Corporation,be and he hereby is authorized and empowered to execute,
acknowledge and deliver(a)any and all documents deemed by him to be
necessary or appropriate in connection with the sale of residential lots by this
Corporation includin&but not linuted to,purchase and sale agreements ,
contract change addendums,agreements with independent contractor sales
agents,escrow instructions,amendments and assignments thereto and general
warranty deeds;(b) any and all documents'deemed by him to be necessary or
appropriate in connection with thyS Corporation's sales and marketing activities,
including but not limited to vendor agreements,independent contractor sales
agreements and supporting doc=ents;and ( offers of employment with this
4
AUG-29-2005 11:45 KB HOME SOUTH BAY 1 925 750 1823 P,08/11
corporation for sales personnel;and(d)any and all other documents or
agreements deemed necessary or appzopriate in connection with this
Corporation's ordu' uvy course day-today business operations and within the
general-intent of the foregoing resolutions.
RF.SOLVED FURTHER,that Trish O'Conner,Director of Sales of this
Corporation,acting alone on behalf and in the name of this Corporation,.be and
she hereby is authorized and empowered to execute,acknowledge and deliver
any.and all documents deemed by her to be necessary or appropriate an
connection with(a)the sale of residential dwellings developed by this
Corporation,including,but not d to,any and documents reqmred by
the Department of HEmsftig and Urban Development,and other documents and
transfer instruments appropnate to cause this Corporation to and convey such
real Property and related assets,except general warranty deeds,in which case
she is authorized to sign together with any ofim manager,director or other.
officer of this Corporation;and(b)
any and other documents or agreements
deemed necessary or appropriate in connection with this Corporation's ordinary
course day-to-day business operations and within the general intent of the
foregoing resolutions,%
[Adopted as of March 10.,2003]
RESOLVED FLTRT'HER,that each of Messrs.Freed and.Kuinick,acting
. alone,be and they are hereby authorized and empowexed to execute,
acknowledge and deliver (a)any and all documents deemed by him to be
necessary or appropriate in connection with the acquisition and/or disposition
of bulk parcels of real property-by this Company,includin,g,but not limited to,
land purchase and sale agreements,amendments,assignments,escrow
instructions,grant deeds,promissory notes,deeds of trust and related
documents;(b) any and alb documents deemed by him to be necessary or
appropriate in connection with the sale of residential lots by this Company
including,.but not'limited to,purchase and sale agreements,contract change
addendunis,escrow insTiuctions, dments and assignments thereto,
warranty deeds and owners affidavits; (c)any and all documents deemed by
him to be necessary or appropriate in connection with this Company's land
improvement and development activities including but not limited to,
44 %
subdivision improvement agreements,builders certification of plans,
specifications and site plans,easements,development agreements, declarations
of covenants,conditions and restrictions,notices of commencement,permit
applications,subdivision and tract maps and exhibits thereto, and supporting
documents;(d)any and all documents deemed by him to be necessary or
appropriate in connection with this Company's land improvement and
construction activities inclucling but not:bmited to purchase orders and
subcontracts for labor andIb (e) any and all applications or other filings
required to be filed with the-Dep tent of Real Estafie of the State of Califomia;
(f) 'Pany and AR documents necessary to quahfy for govor quos%
government-sponsored loan programsincluding,but notlimited to, a and
11 Iq
sener certifications,(g)lease agreements and,any and documents inconnection
therewift- (h) any and all offers of employment with this Company;(i)
documents establishing bank accounts,financing arrangements and other
5
TA Ir I Trr%T 110%%0"
AUG-29-2005 11:46 KB HOME SOUTH BAY 1 925 750 1823 P.09i11
� ordinary course banking and financial arrangements;and(j)any and all other
documents or agreements deemed necessary or appropriate in connection with
this Company's ordinary course dayAomday business operations and within the
general intent of the foregoing resolutions;
PS.,SOLVIED FURTHER, that, any and all doci�.ments executed and acts
. taken-by Mr. Freed since the date set forth above and which documents are
Substantially-within the scope of the sigming authority afforded to him above,be'
and they hereby are ratified,confirmed and approved:
[Adopted as of July 23,2001] [Title change effective April L 2002]
RESOLVED FURTHER,that Jeffrey McMullen and Ray Panek,. . . .
[Vice'President,Land Acquisition and Planning and Vice President,Forward
Planning,respectively] of this Corporatior�be and they hereby are,authorized
and empowered,to execute,acknowledge and deliver(a)acting together with
each other or with any then inc=bmt Executive Vice President or Senior Vice
President of this Corporation,any and all documents deemed by theme necessary
or appropriate in connection with the acquisition and disposition of real; .
property by this Corporation including,but not limited to,grant deeds,land ,
contracts,assignments,escrow instructions and other ancillary agreements; (b)
the development,construction and f or improvement of real property including,
but not liirited to any and all,subdivision agreements,final maps,right-of-way
agreements and performance bonds required by a governmental or quasi-
Sgovernmental agency ar muncipalit-q as security; (c) any and all applications or
other filings required to be filed with the Depof Real Estate of the State
Of California;(d) any and all documents necessary to qualify for government or
quasimgovernment-sponsored loan programs including,but not limited to,buyer
and seller certifications;.and(e)any and all other docummts or agreements
deemed necessary or appropriate in connection with this Corporation's ordinary
course day-today business operations and within the general intent of the
foregoing-xesolutions. .
[Adopted as of December 21,,2000] [Title change effective July 1,2003]
RESOLVED FURTHER,that Veronica Roberson,Vice President,
[Merchandising and Product Positioning].of this Corporation;acting-alone,be
and she is hereby authorized to execute and deliver documents with respect to
the sales and marketing of residential dwellings owned by this Corporation
including,but not limited to,grant deeds,notices of completion,sales
agxeea►enfis;escrow instructions;holdback.agreements and termite inspection
certificates.
[Adopted as of May 25,2000J
RESOLVED IFURTM&that Chris Rader,Senior Vice President,Finance
of this Corporation(acting alone,an"Authorized Officer'),be and he is hereby
authorized and empowered to execute and deliver on behalf of this Corporation
any and all dccuments deemed necessary or appropriate in connection with(a)
the acquisition and disposition of recti property.by.this Corporation induding,
6
AUG-29-2005 11:46 KB HOME SOUTH BAY 1 925 750 1823 P.10i11
r
r
� but not linifted to,grant deeds,land contracts,assignments,escrow instructions
and other ancillary agreements; (b)the development,construction and/or
improvement of real property including, hMiteAbut not to any and all
subd ivisian agreements,sinal maps,right-of-way agreements and performance
bonds required by a governmental or quasi-governmental agency or
munirxpality as security; (c)any and all applications or other filings required to
be filed with the Deparbnent of Real Estate of the State of Californ40
ia;and(d) any
and all documents necessary to qualify for government or quasi-gov.ernment-
sponsored loan programs including,but not limited to,buyer and seller
CC'rtifiC8tLOI1S;
[Adopted as of August 25,1999]
. ..RESOLVED,that Kimberly N.King,Secretary of this Corporation,
acting alone,be and she is hereby.authorized and empowered to execute and
deliver on behalf of this Corporation any and all documeAts necessary to change
the escrow agent in connection with this Corporation's applications and any otiier
supporting documents required to be filed with the Department of Real Estate of
the State of California in order to obtain a pr and final public report for
pr9pefty developed.by this Corporation;.
[Adopted as of June 16,1998]
RESOLVED FURTHER,that Joseph J.Greguoricah,Vice President,
Operations,and Chris Reder,Controller of this Corporation(each officer acting
alone,.an"Authorized Officer"),be and they are hereby authorized and
empowered to execute and deliver on behalf of flys Corporation any and all
documents deemed necessary or appropriate with respect to the development,
construction and/oz improvement of real property including,but not limited to
any and all subdivision agreements,final,maps,rightwof way agreements and
performance bonds required by a governmental or quasi-governmental agency or
municzpaiity as security;
[Adopted as of December 6,1995]
California lRema-1-swee,dpwp� WNW-
.
. . _RESOLVED,that the foIlowing officers,acting alone on behalf of this
Corporation,,be,and:each of them hereby is,authorized and empowered to
execute and deliver on behalf of this Corporation various documents relating to
the development of property owned by this Corporation,more p Ly
described as Tract No.8679 in the City of San Jose and commonly known as
"California Renaissance IT',includin&.but not limited to,any and all subdivision
improvement agreements andassociated bonds required by a governmental or
quasi governmental agency or municipality_
Joseph J.Gregorich
7
AUG-29-2005 11:47 KB HOME SOUTH BAY 1 925 758 1823 Poll/11
Chris Reder
NistlJur+20WOd29/OS102 BipP�w9
Ray Panek
rn�uozoaeoei�ero :uye 6���wao
Augle Dent
vwaJ M06/22185 11;559 sioPwsss
Drew Kusni'k
• Fnu�oz goer ems: e 6+pPW+92
Paul Mede'iros
w"i osmasr t:r7:18
Jeff McMullen
ManAup 2D0.1ML1165 10'00:31 819P4►sTl
TOTAL P.11