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HomeMy WebLinkAboutMINUTES - 09192006 - C.7 QI � C - -7- TO: BOARD OF SUPERVISORS sE ` Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR -T Costa DATE: September 19, 2006 --= �~ County SUBJECT: Approving the Third Extension of the Subdivision Agreement for Minor Subdivision 93-00021,for project being developed by Harold W. Smith and Martha-Lee Smith Declaration of Trust Dated May 23, 1979, Diablo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/Jr5-7 for Minor Subdivision 93-00021, approving the Third Extension of the Subdivision Agreement, for project being developed by Harold W. Smith and Martha-Lee Smith Declaration of Trust Dated May 23, 1979, Diablo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the improvements and the Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: ✓ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF B t1713 ON -6 APPROVED AS RECOMMENDED OTHER V7E OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz G:\EngSvc\B0\2006\09-19\MS 93-00021 130-1l.doc . e ATTESTED:�,D/� Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) JOHN CULLEN, Clerk of the Board of Bond No/Date:5651435(July 9,2003) Supervisors and County Administrator cc: Public Works—A.Bell,Construction Current Planning,Conmrunity Development T—June 5,2008 Harold W.Smith and Martha-Lee Smith Declaration of Trust Dated May 23,1979 By , Deputy 101 Ygnacio Valley Road,#330(DVEC) Walnut Creek,CA 94596 Indemnity Company of California 11780 Fitch Street Irvine,CA 92614 Attn:Sandy Black THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN: NONE RESOLUTION NO. 2006/55 -7 SUBJECT: Approving the Third Extension of the Subdivision Agreement for Minor Subdivision 93-00021, for project being developed by Harold W. Smith and Martha-Lee Smith Declaration of Trust Dated May 23, 1979, Diablo area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement between Harold W. Smith and Martha-Lee Smith Declaration of Trust Dated May 23, 1979 and the County for construction of certain improvements in Minor Subdivision 93-00021, in the Diablo area,through August 5,2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: July 2007 ♦ REASON FOR EXTENSION: Delay of construction due to design changes and right-of-way issues. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director, is APPROVED. LB:vz G:\EngSvc\B0\2006\09=19\MS 93-00021 BO-1 I.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: S.Gospodchikov(313-2316) shown. Bond No/Date:5651435(July 9,2003) cc: Public Works—A.Bell,Construction ATTESTED: Current Planning,Community Development T—June 5,2008 JOHN CULLEN, tlerk of the Board of Supervisors and County Harold W.Smith and Martha-Lee Smith Declaration Administrator of Trust Dated May 23,1979 101 Ygnacio Valley Road,#330(DVEC) Walnut Creek,CA 94596 Indemnity Company of California 11780 Fitch Street By ,Deputy Irvine,CA 92614 Atm:Sandy Black RESOLUTION NO.2006/ `S5 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: MS 93-00021 Developer: Harold W.Smith and Martha-Lee Smith Declaration of Trust Dated May 23,1979 Original Agreement Date: August 5,2003 Third Extension New Termination Date: August 5,2008 Improvement Security Surety Indemnity Company of California Bond No. (Date): 565143S(July 9,2003) - Security Type 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 Suretyhereb e t er to2and acknowledge same. /j�� Dated: 2 g Dated: "�" �� Principal/Developer: HAROLD W.SMITH AND MARTHA-LEE SMITH, FOR CONTRA COSTA COUNTY DECLARATION OF TRUST DATED MAY 23, 1979 Maurice M. Shiu,Public-Works Dir r (AND ALL AMENDMEN ,RESTATEMENTS AND SUB-TRUS S) ��T y By: By: ` � � M a- e S n^Trus XRanXa . mith,Succes r Tr tee RECOMMENDED FOR APPROVAL: By /it�h,Successor Trustee By: 41(< ` (Engineering ervices Division) By: Robert Rosenberg,Successor Trustee Address: 101 Ygnacio Valley Road,#330(DVEC) Walnut Creek,CA 94596 (NOTE: Developer's, Surety's and Financial Indemnity Company of California Institution's Signatures must be Notarized.) Surety or Financial Institution FOPN APPROVED Victor I Wessman,County Counsel 11780 Fitch Street Irvine CA 9 14 dre After Approval Return to Clerk of the Board tome Facts i ature P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 4t4r2 On d- before me, Ate � � Nam n itle of Off]Ce (e.g.,"Jane 06e,Notary Publi personally appeared Name(s)of Signer(s) U&sonally known'to me ❑ proved to me on the basis of satisfactory evidence to be the person(&),whose nama(s) is/er6 subscribed to the within instrument and w CAROL COPPERSTEIN acknowledged to me that hekheAbAy executed Commission#1516532 the same in his4%mOWei► authorized teary Mft-Callomia capacity]aa), and that by his/4e44teir Contra Costa County signature(e) on the instrument the persorVM, or 30' the entity upon behalf of which the person4< acted, executed the instrument. WITNESS my hand and official seal. �5iplffurelllVl Notary Public 4 OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator. ❑ Other: Signer Is Representing: 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 1*1 On before me, O Dat Nae T of Otficen(e.g.,'a Doe,Notary Public") personally appeared Names)of Signer(s) ck ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person{e- whose narrLks) is/are CAROL COPPERSTEIN subscribed to the within instrument and _ Commission,# 1516532 acknowledged to me that-he/she/*ey executed NotaryMft-CaMornia the same in 4?,is/her/t#@4r authorized Contra Costa County capacity( ), and that by -f;ie/her/their MyComm'F SeP30'2W8 signature(s)on the instrument theerso p r>,(e),or the entity upon behalf of which the personfsr acted, executed the instrument. WITNESS my hand and official seal. i� t of Notary- ary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ���` ! � Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator. ❑ Other: Signer Is.Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 4,4 /.p ss. Onbefore me, Date / ame a itl Olticertg. a Doe,Not Public's personally appeared / Name(s)of Signer(s) ,personally known to me EF-proved to me on the basis of satisfactory evidence CAROM COPPERSTEMi Commission 01516632 to be the persor4sl whose nameW is/aver .i PWft_CONomyp subscribed to the within instrument and CW*0 Coda courdyr acknowledged to me that he/ehef"executed MVC= m.ExpiesSW30 2008 the same in his/4eAI49i - authorized capacity(iee), and that by his/ge0lhei�. signature.*on the instrument the persono), or the entity upon behalf of which the person(a- acted, executed the instrument. WITNESS my nd and official seal. S a otary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator. ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of � OPTIONAL SECTION County of C A.� C GL y( CAPACITY CLAIMED BY SIGNER On 0 before me, ` Q hO D �P /l� Though statute does not require the Notary to fill DA NAME,TIT 0 FFICER E. ,'7ANE OM-M-0A, in the data below,doing so may prove invaluable to personally appeared persons relying on the document. NAME(S)OFSIGNER( ❑, ❑ INDIVIDUAL personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the persons whose namr,(s)is/a�ad TITLE(S) CAROL COPPERSTEIN to the within instrument and acknowledged to Commisalon Ill 1516592 me that he/s] iey executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED �� Notary Pubde.Cadfomla hisA 4r authorized capacity(ies),and that by ❑ El GENERAL Contra Coate County his/leerhheir signature(e on the instrument the ❑ ❑ ATTORNEY-IIx'-FACT MyCOmm ExpMeaSep30,2008 Persol�(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) persory(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, ❑ ❑ OTHER: ff.44 SIGNER IS REPRESENTING: S ;�/ OF NOTARY (NAME OF PERSON(S)OR ENTITY(IES)) ❑❑ 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 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 irnformation 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 rNrDIVIDUALS - 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 Docurnents 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 resolution of the Board of Directors authorizing the person signing the instiunnent 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 witlun instrument pursuant to its by-laws or a resolution of its Board of Directors." STATEOF CALIFORNIA COUNTYOF SACRAMENTO On abefore me, ERIN RUSSELL,NOTARY PUBLIC (here i serf ame and title of the officer),personally appeared SANDY BLACK 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/herftheir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ERIN RUSSELL ; Signature (SEAL) WNOTARYPU 40038 LIC-C4ARNIAO ACRAMENTO COUNTY 0 OMM.EXP.SEPT.1&2007 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 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 DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT