HomeMy WebLinkAboutMINUTES - 09162008 - C.11 9E
TO: BOARD OF SUPERVISORS ? =' Y�==�� Contra
FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR ' Costa
Of: ��,d,aI11.1A ,Z
DATE: September 16, 2008 �o _= `P`oa
Sra �oUt=� ~ County
SUBJECT: Approving the Parcel Map for Minor Subdivision 07-00011, San Ramon (Dougherty Valley)
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No.2008/ approving the Parcel Map, for Minor Subdivision 07-00011, for project
being developed by Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director.
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Parcel Map meets the requirements of the ordinance code and all applicable conditions of approval.
CONSEQUENCES OF NEGATIVE ACTION:
The Parcel Map will not be approved.
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
COMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE (S):
ACTION OF BOARD 0 77 =77 APPROVED AS RE OMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
vo,1rE OF SUPERVISORS minutes of the Board of Supervisors on the
✓✓ UNANIMOUS(ABSENT date shown.
AYES: NOES:
ABSENT: ABSTAIN:
BBJc
6:\En
G:\EngSvc\BO\2008\09-16\MS 07-00011 BO-14 FORM.docx ATTESTED: /C, -9-00do'
Originator: Public Works(ES) DAVID T A, Jerk of the Board of
Contact: Monish Sen(313-2187)
cc: Current Planning,Department of Conservation and Development Supervisors and County Administrator
Shapell Industries,Inc.,a Delaware Corp.
100 N.Milpitas Blvd.
Milpitas,CA 95035
First American Title Company By—
, Deputy
6683 Owens Drive
Pleasanton,CA 94588
National Fire Insurance Company of Hartford
2355 Camelback Rd.,Suite 500
Phoenix,AZ 85016
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 16, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: -_ . None — -
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/ 649
SUBJECT: Approving the Parcel Map for Minor Subdivision,-07-0001 1, for project being
developed by Shapell Industries, Inc., a Delaware Corp., as recommended by the
Public Works Director, San Ramon (Dougherty Valley) area. (District III)
The following document was presented for Board approval this date:
The parcel map of Minor Subdivision 07-00011, property located in the San Ramon
(Dougherty Valley) area, Supervisorial District III, said map having been certified by the proper
officials;
Said documents were accompanied by:
Letter from the County Tax Collector stating that there are no unpaid County
taxes heretofore levied on the property included in,said map and that the 2007-
2008 tax lien has been paid in full and that the 2008-2009 tax lien, which became
a lien on the first day of January, 2008, is estimated to be $578,000.00.
Security to guarantee the payment of taxes, as required by Title 9 of the County
Ordinance Code, in the form of a surety bond, No. 929454559, issued by National
Fire Insurance Company of Hartford with'Shapell Industries, Inc., a Delaware
Corp., as principal, in the amount: $578,000.00, guaranteeing the payment of the
estimated tax.
BB# I hereby certify that this is a true and correct copy
G:\EngSvc\BO\2008\09-16\MS 07-0001 I BO-14 FORM.docx of an action taken and entered on the minutes of
:\E
Originator: Public works(Es) the Board of Supervisors on the date shown.
Contact: Monish Sen(313-2187) �/
cc:Current Planning,Department of Conservation and Development ATTESTED: �G d�
Shapell Industries,Inc.,a Delaware Corp.
100 N.Milpitas Blvd. DAVID TV1lrA, Crerk of the Board of Supervisors
Milpitas,CA Title and County Administrator
, Firs[American Title Company
6683 Owens Drive
Pleasanton,CA 94588 By Deputy
National Fire Insurance Company of Hartford
2355 Camelback Rd.,Suite 500
Phoenix,AZ 85016
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
RESOLUTION NO.2008/
SUBJECT: Approving the Parcel Map for Minor Subdivision 07-00011, for project being
developed by Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works
Director, San Ramon (Dougherty Valley)area. (District III)
DATE: September 16, 2008
PAGE: 2
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and improvement, is
DETERMINED to be consistent with the County's general and specific plans.
2. That said parcel map is APPROVED and this Board does hereby reject on behalf of
the public any streets, paths or easements shown thereon as dedicated to public use.
RESOL UTION NO. 2008/60,
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
Board Date:
Item Number:
FCONTRA
ED
To: Clerk of the Board
From: Public Works Department
=21
c PERVISORS
Subject: M /d�' f' ACO.
The following documents with appropriate Board Orders attached and this transmittal,
shall accompany Fina)-/ ar Map MS 07-00 H to the County Recorder's Office.
Document Item Number
No documents required
[ ] Deferred Improvement Agreement
[ ] Offer of Dedication—Roads
[ ] Offer of Dedication—Drainage
[ ] Grant Deed of Development Rights
[ ] Common Use Agreement
[ j Consent to Offer of Dedication —Roads
[ ] Drainage Release
[ ] Relinquishment of Abutters' Rights
[ ] Landscape Agreement
[ ] Other
The map and documents shall be transmitted to the Recorder's Office simultaneously by:
Title Company: fig'%CO
Contact person: BA►2i3A A Plnrro
Telephone number: 738` 404,7
Title Co. Order Number.
NOTE TO TITLE COMPANY: Please submit a guarantee letter and map recording fee
to the County Recorder at the time the map and the documents are filed with the
Recorder's Officer.
NOTE TO RECORDER: Please ensure that the documents listed above are attached to
the map so that the map and documents can be recorded concurrently.
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VOID,AFTER9%27%08 8/13/08 FATCO$38.00 07-0011
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P.O. Box 631 Russell V.Watts
Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector
0053
(925)957-5280 County Joslyn Mitchell
(925)957-2898 FAX Tax Operations Supervisor
�Sra couzz'C';
Date: 8/13/2008
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# City T.R.A.
07-0011 SAN RAMON 17126
Parcel #: 222-2,40-018-2 222-240-047-1 222-240-048-9
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the map.
The 2007-2008 tax lien has been paid in full: Our estimate of the 2008-2009 tax lien, which
became a lien on the first day of January, 2008 is $578,000.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
The amount calculated is void 45 days from the date of this letter, unless this letter
is accompanied with security approved by the Contra Costa County Tax Collector
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasur r-Tax Collector
By:,
PRINCIPAL TITLE COMPANY SURETY
Shapell Industries,
Inc..a Delaware Corp. First American Title Company National Fire Insurance Company of Hartford
100 N. Milpitas Blvd. 6683 Owens Drive 2355 E. Camelback Road, Suite 500
Milpitas Pleasanton Phoenix
CA 95035 CA 94588 AZ 85016
Attn: Kelly Erardi Attn: Barbara Pinto Attn: Bond Department
408-946-1550 925-738-4042 602-212-3200
Order Number: 0192-2459642 BOND NO. 929454559
PREMIUM: $4,335.00
Fiscal Tax Year 2008/2009
BOND AGAINST TAXES
KNOW Ax.L MEN BY THESE PRESENTS: Plaza @ Gale Ranch(Safeway Fuel Center)
THAT Shapell Industries, Inc., a Delaware Corp. , as Principal and
(Surety) National Fire Insurance Company of Hartford , a corporation
organized and existing under the laws of the State of I L and authorized to
transact surety business in California as surety are held and firmly bound unto the County of Contra Costa,
State of-California,in the penal sum of Five Hundred Seventy Eight Thousand Dollars and 00/100 Dollars
($I'_578;0_00-00'^ ), to be paid to said County of Contra Costa,for the payment of which will and
truly lie-made,weFand each of us bind ourselves, our heirs,executors,administrators and successors,jointly
and severally, firmly by these presents.
Sealed with our Seals and dated this 14th day of August
2008 .
The conditions of the above obligation is-such that WHEREAS, the above bounded principal is about to file
a map entitled rParcel-Nlap MS 07-0011. Parcel#222-240-018-2 222-240-047-1 222-240-048-9
and
covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes
and special assessments collected as taxes,against the said tract of land covered by said map, which taxes
and special assessments collected as taxes,are not as yet due or payable.
NOW, THEREFORE,if the said Shapell Industries, Inc., a Delaware Corp. shall pay all of taxes and
special assessments collected as taxes which are a lien against said tract of land covered by said map, at the
time of the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it
shall remain in full force and effect.
Shapell Industries, Inc., a Delaware Corp.
(Approved Stamp)
sy: 4,t4_
l`C-'Tr h r. 1 y ePrincipal
By:
(Attach Acknowledgement &" "Y- *
by Principal) National Insurance Company of Hartford
(Attach Acknowledgement
by Surety) wlz .
iNSltRq Pamela L. Stocks Surety
Attprney-in-Fact
$ DATE: eb/
�s a BOND REVIEWED AND APPROVED
CONTRA COSTA COUNTY
TREA$U,,R,����fJj� i COLLECTOR
Haws o BY: 71ZZZ
• POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of
Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called
"the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint
Pamela L.Stocks ,Individually
of Sherman Oaks, CA their true and lawful Attomey(s)-in-Fact with full power and
authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
Surety Bond Number: 929454559
Principal: Shapell Industries, Inc., a Delaware Corp.
Obligee: County of Contra Costa
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the insurance companies.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 25th day of July,2008.
G^s�9Cry INSURgt `°�sArrah� Continental Casualty Company
Fie °F �a red National Fire Insurance Company of Hartford
_�PoaA*e Q l t / n� � sNcaApo++grro q American Casualty Company of Reading,Pennsylvania
Z Q � 7 5 IDLY 71.
U SEAL Tdy `� 3��,r 1902 •3'
1897 UA NAM* � 0 �
Robert M.Mann Senior Vice President
State of Illinois,County of Cook,ss:
On this 25th day of July,2008,before me personally came Robert M.Mann to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois insurance company,
National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a
Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the
seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said
insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance
companies.
------------------
OFFICIAL_ SEAL
ELIZA PRICE
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES: 09M 7109
My Commission Expires September 17,20095a Price' a Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of
Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby
certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of
the insurance companies printed on theevgrse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat of
the said insurance companies this f4tn day of August 2008
PyGAsu9�ry \ tNsuRgy �vaNYCP Continental Casualty Company
°r9oI National Fire Insurance Company of Hartford
PORP:RAip 09 = ( ; a'`��pRPORgTgO T American Casualty Company of Reading,Pennsylvania
v
lg z
aJULY
19021
�J SFJU.
1897 �� HAR�FOA� 0
Mary A.R ika kis Assistant Secretary
Form F6853-7/2008
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article IX—Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice
President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of
insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of
Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17`h day of February,1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VI—Execution of Documents
Section 3 Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,
from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of
authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Executive,Senior Vice President or the Board of Directors may at any time revoke all power and authority previously
given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17'h day of February,1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VII—Execution of Documents
Section 3. Appointment of Attomey-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President
may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of
authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors,may,at any time,
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17`h day of February, 1993.
"RESOLVED: That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Insurance
Company may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Insurance Company may be affixed by facsimile to any certificate of
any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Insurance Company. Any such
power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Insurance Company."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On August 20. 2008 before me, Smiley K. Sandhu . Notary Public, personally
appeared JC Truebridge and Ken Cox
who proved to me on the basis of satisfactory evidence to
be the person(s)whose name(s)isA&subscribed to the
within instrument and acknowle ed to me that he/she he
executed the same ineihws%edr uthorized capacity(ies),
and that by hisA%f/ ei ignature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s)
SbtnEVK.sEwnHu acted, executed the instrument.
CommbNon N i 573074
-cadtornw _ I certify under PENALTY OF PERJURY under the laws of
sardc� +N the State of California that the foregoing paragraph is true
MVComm.ExpuesApr26.20 and correct.
WITNESS my hand and official seal.
(Seal) Signature U�—
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
♦♦0000000000000000000000000000000000000000000000000000000000000000♦
State of California
County of Los Angeles
On August 14, 2008 �J before me, Beverly A. Hall
Dale Name and Title of Notary
personally appeared Pamela L. Stocks
Name and or Names of Signer(s)
Who 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 of
which the person(s) acted, executed the instrument.
I certifyunder PENALTY OF PERJURY under the laws of 6EYENIY X NAIL
Commission 0 1717"9
the State of California that the foregoing paragraph is true RM"Pubft-CaptomW
and correct. los AnONq Cowilily
Witness my hand and official seal.
Signature &&Jkv
Notary Public Signature Place Notary Public Seal Above
Beverly A. Hall
OPTIONAL
Though the information below is not required by law,it may prove valuable to the 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 Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner- ❑Limited ❑General ❑ Partner- ❑Limited ❑General
❑ Guardian or Conservator Top of thumb ❑ Guardian or Conservator Top of thumb
I] Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Other: ❑ Other:
Signer is representing Signer is representing
National Fire Insurance,Company of
Hartford
♦0000000000000000000000000000000000000000000000000000000000000000eo