HomeMy WebLinkAboutMINUTES - 09132005 - C15 TO: BOARD OF SUPERVISORS C I
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: September 13, 2005
SUBJECT: Approving the Second Extension of the Subdivision Agreement for Minor Subdivision 93-
00021,Diablo area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S),:
ADOPT Resolution No. 2005/%6�68 for Minor Subdivision 93-00021, approving the Second Extension of the
Subdivision Agreement for project being developed by Harold W. Smith and Martha-Lee Smith, Declaration of
Trust May 23, 1979,Diablo area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S),
The improvements have not been installed and the Subdivision Agreement has expired.
CONSEQUENCES OF NEGATIVE ACTION:
The subdivision agreement guaranteeing completion of the improvements will not be renewed.
eo
Continued on Attachment: SIGNATURE:
kECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
soo4PPROVE OTHER
SIGNATURES):Q
ACTION OF BO V ON ile APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS �/'
UNANIMOUS(ABSENT /"�»` )
AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
JD:nn minutes of the Board of Supervisors on the
G:\GrpData\EngSvc\J30\2005\09-13\MS 93-00021 BO-1 Ldoc date shown.
Originator: Public Works(ES)
Contact: S.Gospodchikov(313-2316)
cc: Public Works—T.Bell,Construction ATTESTED: � �'
Current Planning,Community Development .gee..
T—July 5,2006 JOHN SWEETE , Clerk of the Board of
Harold W.Smith and Martha-Lee Smith
Declaration of Trust,May 23,1979, Supervisors and County Administrator
c/o Diablo Valley Estate Company,LLC
101 Ygnacio Valley Road,Ste 330
Walnut Creek,CA 94596
Indemnity Company of California
11780 Fitch Street By ,Deputy
Irvine,CA 92614
Atte;Sharon J.Rusconi
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: Approving the Second Extension of the Subdivision Agreement for Minor
Subdivision 93-0002 1, Diablo area. (District III)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision Agreement between Harold W. Smith and
Martha-Lee Smith.,Declaration of Trust May 23, 1979, and the County for construction of certain
improvements in Minor Subdivision 93-00021, in the Diablo area,through August 5, 2006;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0%
♦ ANTICIPATED DATE OF COMPLETION: July 30, 2006
♦ REASON FOR EXTENSION: Estate planning of Trust
ITIS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
Jp:nn I hereby certify that this is a true and correct copy of an action taken
G:\GrpData\EngSvc\B0\2005\09-13\MS 93-00021 BO-1 l.doc and entered on the minutes of the Board of Super-visors on the date
Originator: Public Works(ES) ShOWll.
Contact: S.Gospodchikov(313-2316)
cc: Public Works—T.Bell,Construction ATTESTED: i
Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County
T—July 5,2006
Harold W.Smith and Martha-Lee Smith Administrator
Declaration of Trust,May 23,1979,
c/o Diablo Valley Estate Company,LLC
101 Ygnacio Valley Road,Ste 330
Walnut Creek,CA 94596 By ,Deputy
Indemnity Company of California
11780 Fitch Street
Irvine,CA 92614
Arin;Sharon J.Rusconi
RESOLUTION NO.2005/ ���
CONTRA, COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: Minor Subdivision 93-00021
Developer: Harold W. Smith and Martha-Lee Smith
Declaration of Trust Dated May 23, 1979
Original Agreement Date.* August 5 2003
Second Extension New Termination Date: August 5, 2006
Improvement Security
Surety: Indemnity Company of California
Bond No, (Date): 565143S (July 9,2003)
Security Tvpe Security Amount
Cash: $ 1,125.00 (1% cash, $1,000 Min.)
Bond: $ 111,375.00 (Performance)
_ $ 56,250.00 (Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa.County
and said Surety he eb agree thereto and acknowledge same. I�/ / �,,
Dated: Dated: 0 5
PrincipaUDeveloper:
HAROLD W.SMITH AND MARTHA-LEE SMITH
FOR CONTRA COSTA COUNTY DECLARATION OF TRUST MAY 23,1979
(AND ALL AMEND ENTS,RESTATEMENTS,AND -TRUSTS)
Ma *ce M. Shiu,Public Works Director - �
By:
ee Smith rus
AOL
Randa ucCTSS Tr
RECOMMENDED FOR APPROVAL: By:
�-
- `�/, /� B Successor Trustee
By: 4000e, '�
By:
(Engine g Services Division)
Robert Rosenberg,Successor Trustee
Address:101 Ygnacio Valley Rd.#330(DVEC)
Walnut Creek CA 94596
Indemnity Company of California
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 11780 Fitch Street
Is Irvine, CA 92614
FORM APPROVED:Vidor I.Wommum,County Counsel
Address
After A
Iroval Return to Clerk ofthe&�_
00�
A ey ignature
.Sharon J. Rusconi , Attorney-in-Fact
Printed
Principal/Developer.
HAROLD W. SMITH AND MARTHA-LEE SMITH ,
DECLARATION OF TRUST MAY 23, 1979
(AND ALL AMENDMENTS,RESTATEMENTS,AND SUB-TRUSTS)
By : Y7il — � date: .2 B
Ma ee Smith, to
By; date: Z IZ 2-
or
Randall Smith, Su1cwe or Trustee
By: �� date:
Bruce C. Smith, Successor Trustee
By: 40*191 +'t /.4 '�-^� date:
Robert Rosenberg, Successor T ustee
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
%% 4b
State of �0) OPTIONAL SECTION
00,�
County of CAPACITY CLAIMED BY SIGNER
OnThough statute does not require the Notary to rill
nn. before me, Ck L02
NAAarifrLE OF OFFICER EAX,*JANE DOE,NOURY PUBLIC" in the data below,doing so may prove invaluable to
persons relying on the document.
personally appeared 11�&.r S,0 1,4 1
NAMES)OFSIGNERS) 0 0 INDIVIDUAL
1
L99personally known to me-OR-0 0 provided to me on the basis of satisfactory evidence to 0 0 CORPORATE OFFICER(S)
� be the personf -subscribed
- AmkAM— s�whose nameo)is/me TITLy(s)
DNA- CAROLto the within instrument and aclaiowledged to
comffadw#i si 6532
me that hf7she/they executed the same in 0 0 PARTNER(S) 0 0 LIMITED
4fislher/Oteir authorized capacity(ies),and that by 0 0 GENERAL
tkAW PUW.CCOORW 4k/her/didr signatureK on the instrument the 0 13 ATTORNEY-IN-FACT
Caft CCA0 CCU* person(o or the entity upon behalf of which the 0 0 TRUSTEE(S)
7-1 0 ft-
mr-_ W4 perso*�acted,executed theinstrument.��. �p�0� 0 0 GUARDLAN/CONSERVATOR
WITNESS my and official seal, 0 0 -OTHEK-
SIGNER IS REPRESENTING:
(S1*rWOFNOTARY (NAME OF PERSON(S)OR OMTY(IES))
00 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
MY
mom"
OPTIONAL-SECTION
TIES CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
m-attachment of this form.
INSTRUCTIONS TO NOTARY
The following information is provided m* an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name
must be signed exactly as it is,typed or printed.
IL SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing A A'A. party must be either a general partner or be authorized in writing to have the
I G7 9
authority to sign for and bind the partnership.
N. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
(b)The President
(c)Any Vice-President
GROUP 2. (a)The Secretary
(b)An Assistant Secretary
(c)TheChief F' ial Officer
(d).The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the Xerson signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarize will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On '7 /ZbeforeZ.,/0 me, I L.&CUVAnEYl()Aft�IA PLkO(L—Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUB C" in the data below,doing so may prove invaluable to
�"" persons relying on the document.
personally appeared SLYLLi1\.
NAME(S)OF SIGNER(S) 0 0 INDIVIDUAL
00 personally known to me-OR-0 301irroded to me on the basis of satisfactory evidence to 0 0 CORPORATE OFFICER(S)
be the person(s)whose name(s)is/am-ftbscribed TITLE(S)
to the within instrument and acknowledged to
me that he4hakhey executed the same in 0 0 PARTNER(S) 0 0 LIMITED
SUSAN E.SALDOCK NOTARY PUBLIC hisAwpAhe4f authorized capacity(ies),and that by 0 0 GENERAL
. 0
113"41ftorr- I
COUNTY OF STATE OF his. gnature(s)on the instrument the 0 0 ATTORNEY-IN-FACT
TETON WYOMING person(s)or the entity upon behalf of which the 0 0 TRUSTEE(S)
MY COMMISSION EXPIRES FEBRUARY 8.2009 person(s)acted,executed the instrument. 0 0 GUARDIAN/CONSERVATOR
IZ% - 0 0 OTHER:
[USAN E.SA"
COUNTY OF
TETON
MY
COMMISSION
WITNESS my hand and official eal,
SIGNER IS REPRESENTING:
SIGNATURE OF NOTARY (NAME OF PERSON(S)OR ENTITY(IES))
00 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or aresolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document %1,QCeftol-it iern& _1d
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name
must be signed exactly as it is typed or printed.
IL SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signers interest in the
property must be stated.
III SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
(b)The President
(c)Any Vice-President
GROUP 2. (a)The Secretary
(b)An Assistant Secretary
(c)The Chief Financial Officer
(d)The Assistant Treasurer
If signatures of offices from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizmg the lerson signing the instrument to execute in trmnents of the type in question is required. A currently valid
power of attorney,notarize will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of r�eU' G/��'4.GC�� OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On � D� before me,C.GCfO U P14 V9 V) CL/' Though statute does not require the Notary to fill
ATE NAW,1fTLE OF OFFICER Ek.,"JANE DOE,NqZkRY PUBLIC~ in the data below,doing so may prove invaluable to
personally appeared
persons relying on the document.
C ��LC� �� /�l
NAMES)OF SIGNERfW ❑ p INDIVIDUAL
OBSpersonally known to me-OR-D❑ provided to me on the basis of satisfactory evidence to 0 0 CORPORATE OFFICERS)
CARMCbe the person(�s'Ylvhose name�pd1 is/ocsubscribed TITLE(S)
C *151
��� to the within instrument and acknowledged to � �
me that helr�ee%�y executed the same in ❑ p PARTNER(S) 0 ❑ LIMITED
..� NOIOfy Pt�MC•C�OINO his/twrftyeir authorized capacity,(ics),and that by ❑ p GENERAL
Cq*p Cppp Cq&�My his/bct/tbeir signatureeon the instrument the p ❑ ATTORNEY-IN-FACT
MYCOM���� person(sj or the entity upon behalf of which the p p TRUSTEE(S)
person(sj'acted,executed the instrument. p p GUARDIAN/CONSERVATOR
WITNE my hand and officials al, 0 0 'OTHER:
� SIGNER IS REPRESENTING:
S NA OF IJOTARY {NAME OF PERSON(S)OR ENTITY(lES)}
❑O acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Docume���'/Jl�
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name
must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP I. (a)The Chair of the Board
(b)The President
(c)Amy Vice-President
GROUP 2. a)The Secretary
�b)An Assistant Secretary
(c)The Chief Financial Officer
(d)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
CALIFORNIA. ALL-PURPOSE ACKNOWLEDGEMENT
�- OPTIONAL SECTION
State of C(U�L.I TOVA4
County of—AAA OLW%4� CAPACITY CLAIMED BY SIGNER
aOn7'�--d��5� 11 before me, Jc�.n kLe__I�w q P C. Though statute does not require the Notary to rill
-
DATE NANM,TITLE OF OFFICER E.G.,"h&aikm DOE,NOTAkY"PUBLIC" in the data below,doing so may prove invaluable 5Xn to
ftoL R.PSe_" persons relying on the document.
personally appeared
N )OF SIGNERS) 0 0 INDIVIDUAL
00(personally known to me-OR-110 provided to me on the basis of satisfactory evidence to 0 0 CORPORATE OFFICER(S)
be the person(s-)whose name(sj is/=subscribed TITLE(S)
to the within instrument and acknowledged to
me that he/sbaAkoyvexecuted the same in 0 0 PARTNER(S) 0 0 LIMITED
-eauthorized capacity(ier),and that by
JENWER L RANNN hisAwx4heir 0 0 GENERAL
his/haa4heifasignature(o)on the instrument the o 0 ATTORNEY-IN-FACT
PM r�e
COrt1tYlipiOtl#1432651 person(s�or the entity upon behalf of which the 0 0 TRUSTEE(S)
Notoy PUM a CON0M10, person(s)acted,executed the instrument. o [3 GUARDIAN/CONSERVATOR
• Akmloda COU* 0 0 OTHER:
*Como ffp___��ISIAW2592W7 WITNESS my hand and official seal,
SIGNER IS REPRESENTING:
S$NAT1JRE OF NOTARY (NAME OF PERSON(S)OR ENTITY(IES))
00 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Sk`d�V�s��` J�dl r«M"��" E x�'���~
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must conWIV With the following to be acceptable to Contra Costa County.
comply
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name
must be signed exactly as it is typed or printed.
Il. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signers interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS,
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1 'a)The Chair of the Board
b)The President
c)Any Vice-President
GROUP 2. a)The Secretary
b)An Assistant Secretary
�c)The Chief Financial Officer
d)-The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing,
r the person signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized,will suffice.
Notarization of only one corporate siLnature or signatures from only one group,must contain the following phrase:
6.0
It and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
STATE OF CALIFORNIA
SS.
COUNTY OF SACRAMENTO
On AUGUST 2,2005 , before me, ERIN RUSSELL,NOTARY PUBLIC
PERSONALLY APPEARED SHARON J. RUSCONI
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),and that by his/her/their
signature(s)on the instrument the person(s),or the entity upon behalf ERIN RUSSELL
of which the person(s)acted, executed the instrument. (� Comm#14,�pp jg ;
NOTARY PUBLIC-CALIFORNIA D
WITNESS mSACRAMENTO COUNTY A
y hand and official seal. � COMM.EXP.SEPT*18,2007-�
Signature
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
El CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLES)
El PARTNER(S) ❑ LIMITED
El GENERAL
GZ) ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
INDEMNITY COMPANY OF CALIFORNIA
SIGNERS OTHER THAN NAMED ABOVE
ID-1232(REV.5/0 1) ALL-PURPOSE ACKNOWLEDGEMENT