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MINUTES - 09232008 - C.6
TO: BOARD OF SUPERVISORS = Y _ Contra � . FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTO ` Costa 'RIM iz DATE: September 23, 2008 °� • �~,� County sra'coi zi SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 05-00005, Walnut Creek area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ approving the Parcel Map and Subdivision Agreement, for Minor Subdivision 05-00005, for project being developed by Thomas A. Halaszynski, as recommended by the Public Works Director, Walnut Creek area. (District III) FISCAL IMPACT: None. 9 BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The applicant has satisfied all of the conditions of approval required for Parcel Map and Subdivision Agreement recordation. 1 CONSEQUENCES OF NEGATIVE ACTION: The Parcel Map and Subdivision Agreement will'not be recorded. Continued on Attachment: SIGNATURE: fki- 7RFCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED ASr RECOMMENDED OTHER I hereby certify that this is a true and correct ��/ copy of an action taken and entered on the V7/0 OT,@OF SUPERVISORS minutes of the Board of Supervisors on the ✓✓ UNANIMOUS(ABSENT date shown. AYES: NOES: ABSENT: ABSTAIN: KD:jc N= A0- Z G:\EngSvc\80\2008\09-23\MS 05-00005 BO-21 FORM.docz ATTESTED. �r Contact: originator:PublMonis works 13- DAVID TWA Clerk of the Board of Contact; Monish Sen(313-2187) , cc: Public Works—K.Gu.Edwards,Engineering Supervisors and County Administrator P.Edwards,Engineering Services Current Planning,Department of Conservation and Development T—July 23,2009, Thomas A.Halaszynski 2952 Dorothy Drive Pleasant Hill,CA 94523 By , Deputy Indemnity Company of California 17780 Fitch Irvine,CA 92614 Atm:Blake A.Pfister Placer Title Company 2321 Tice Valley Blvd. Walnut Creek,CA 94595 Attn:Valerie Cunningham THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None -ABSTAIN: _None RESOLUTION NO. 2008/4W SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 05- 00005, for project being developed by Thomas A. Halaszynski, as recommended by the Public Works Director, Walnut Creek area. (District III) The following documents were presented for Board approval this date: I. Map The parcel map of Minor Subdivision 05-00005, property located in the Walnut Creek area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Thomas A. Halaszynski, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within two years from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an KD:ic action taken and entered on the minutes of the Board of 0:\EngSvc\BO\2008\09-23\MS 05-00005 BO-21 FORM.docx Supervisors on the date shown. Originator: Public Works(ES) Contact: Monish Sen(313-2187) cc: Public Works—K.Guruwaya,Construction J�'- L P.Edwards,Engineering Services ATTESTED: cr 07r- *PGS �� 40& � Current Planning,Department of Conservation and Development —� '���(�• T—July 23,2009 DAVID TWA, Clerk of the Board of Supervisors and Thomas A.Halaszynski County Administrator 2952 Dorothy Drive Pleasant Hill,CA 94523 Indemnity Company of California 17780 Fitch B Deputy Irvine,CA 92614 y p ty Attn:Blake A.Pfister Placer Title Company 2321 Tice Valley Blvd. Walnut Creek,CA 94595 Attn:Valerie Cunningham RESOLUTION NO.2008/ �O�/ SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 05- 00005, for project being developed by Thomas A. Halaszynski, as recommended by the Public Works Director, Walnut Creek area. (District III) DATE: September 23, 2008 PAGE: 2 A. Cash Bond Performance amount: $1,000.00 Auditor's Deposit Permit No. 505995 Date: July 3, 2008 Submitted by: Thomas A. Halaszynski B. Surety Bond Bond Company: Indemnity Company of California Bond Number: 728036S Date: April 21, 2008 Performance Amount: $42,800.00 Labor& Materials Amount: $21,900.00 Principal: Thomas A. Halaszynski III. Tax Letter 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 the 2008-2009 tax lien, which became a lien on the first day of January 2008, is estimated to be 20,900.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit: 505424 Date: June 25, 2008 Amount: $20,900.00 Submitted by: Thomas A. Halaszynski 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 reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. N w N n o V $ "9L B < oi- ic N � $ lQ�,ya Y W W ,J ti��l Wq, kit 41°6 4\ m# p W st, F� 60 M W w Tit " e sSri it -1 Q, IS tib rs 7s 1 SVM r, it 00 p 2 t Y 3 s $ (¢G y- yyRJjYy�yyy R A 41gO 41� �j �W YrA D ro ' 16, ° roS � Y z $ 04 � � wig �� a ` E3 0. oaof m m LL , O Z II j a w K •`l�S 0 If) Z C b .5 p is b N Q �MV 'U '!' O O J w2 ♦ � F' 3U � �U ^ v c 'vmin Nm: n0 8 Z GO E N fQ" ^ a °' n n a N ^ .n.. 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ALU LU tt QXXF Q A A O lL w (Y�lw ZCw SNZ W 000a < VI W T O N O J6 f6� J v i i O' Z aG SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) n 2 Subdivision: Yt1S05 - 005 Effective Date: 912'3 /©00 Subdivider: - r4 ftS Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER ct9 hio,Public Works Dire Gr By A Print ame -j'H�R� 1'i � NRlA52YNS�+1 R COM ENDED FOR APPROVAL: Print Title OyJ"reR- By: V�/t��� �?g�/G'� Print Name Engineering Servces Division Print Title FORM APPROVED: Silvano B.Marchesf,County Counsel NOTE:Ail signatures must be acknowledged.If Subdivider is incorporated,he contract must be signed by two officers.The first signature must be that of the chairman of the board,president, or vice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of Cardomia ) ss. County of ) On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for 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/shelthey executed the same in his/her/their authorized capeciry(ies),and that by hisfhentheir 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, SEE ATTACHED Dated; Noti Public- (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter"County")and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,sig ris,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter'Ordinance Code'). Subdividershall complete said improvements(hereinafter"Work')within the above completion period from dale hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at,seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or super orto the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the Improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govem. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Cade,provide as security to the County: A. For Performance and Guarantee: $ !,©dO-OVcash,plus additional secudly,inthe amount of$ ; 200.0 0,which together total one hundred percent(100%)of the eslimafed cost of the Work. Such addibonai security is presented in the form of: Cash,certified check or cashier's check. �—Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdivider guarantees performance under this Ag reement and maintenance of the Work for one yearafter its completion and acceptance against any defective workmanship or materials of any unsatisfactory performance. p B. For Payment: Security in the amount:$ 1 i l 6 09which is fifty percent(50%)of the estimated cost of the Work..Such security is presented in the farm of: Cash,certified check,or cashier's check e/' Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. [Rev.9103) Page 1 of 2 With this secunty,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 944.406 and 94-4.408 of the Ordinance Cade. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,'Acceptance,'of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be,accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment work for landscaping installed under this Agreement, Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to ensure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete, 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as.promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of Bald Work andlor materials,or paymentstherefor,or any combination oral]of these acs,shall not relieve the Subdivider of Its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY, Subdividershall defend,hold harmless and indemnify the indemnitees from the 1lablllbes as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted line Work as complete,and Including the defense of any sutl(s),aclion(s),or other proceedings)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,orany officer,agent,or employee of one ormore of them, D. Non-ConditIons.The promise and agreement in this section arenolconditionedordependentonwhetherornotanyindemniteehasprepared,supplied,orapproved any plan(s)or specifica6on(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 9. COSTS, Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of exlsfing utilities required thereby;inspections;material checks and tests;and olhercosts incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. it. NON-PERFORMANCE AND COSTS, If Subdivider tails to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay ail costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even If Subdivider subsequently completes the Work, Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the Work,Subdivider ag rees to pay all attorney's fees, staff costs and all other expenses of 118gation Incurred by County In connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORATIONIANNEYATION, if,before the Board of Supervisors accepts the Work ascompiete,the Subdivision isinduded in territory incorporated as a city oris annexed to an existing city,except as provided in this paragraph,County's rights under this Agreement andlor any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city,Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph 8.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of lh'us Agreement by Subdivider,completion andlor maintenance of the Work. Form Approved by County Counsel (Rev.9103) H:1Finaf PW1LW-SubAgmL9.03.wpd Page 2 of 2 ACKNOWLEDGMENT C� State of California County of CONTRA COSTA ) On /5 0200 _before me, LIZA S. QUESADA, NOTARY PUBLIC -�/ (insert name � and title of the officer) J� personally appeared //Zd S A . l gla-S.� /tS Kf who proved to me on the basis of satisfactory evidence t6 be the person( whose name is are- s bscribed to the within instrum ent and acknowled ed to me that el heAkrey executed the sam a in ii Ai-.rAheir authorized capacity(i�}, and that b his/ er4l� it signaturej� on the instrument the person(, or the entity upon behalf of which the person(z<acted, executed the instru ment. I certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. WITNESS my hand and official seal. LIZA S.QUESADA Commission#n# 1680127 @my Notary Public-CaliforniaContra Costa County Comm.Expires Aug b,2010 Signature (Seal) i A - Subdivision: MS05-005 Bond No.: 728036S Premium: $1 , 284 Any claim under this Bond should be sent to the following address: Indemnity Cc of Calif . 17780 Fitch Trvri na ( A 92614 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT.The Pr�in/�d/IpAa�has executed an agreement with the County of Contra Costa(hereinafler'County")to 05 install and pay for street,drainage and other improvements in Subdivision/115 'O,f as specified in the Subdivision Agreement,and to conplete 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. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers aid materialmen. 2. OBLIGATIOt, Tice Valley 2321 LLC ,as Principal, and Indemnity Company of California a corporation organized and existing under the laws of the State of C a 1 i f o r n i a 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) Forty—TwoThousandEightHundred ---- Dollars ($42 R Q n 1 for itself or any city assignee under the above Subdivision Agreement. 21 , 900 (B. Payment) Twenty—OneThousandNineHundred---------- Dollars ($ 1 to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Par14 of Division III of the Civil Code of the State of California. 3. CONDITION.This obligation is subject to the following condition. A. The condition of this obligation as to Section 2.(A)above is such that if the above bounded 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 his or their part,to be kept and performed at thetime 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 pan of the obligation secured hereby and in addition to the face amount specified therefor,here shall be included costs and reasonable expenses and fees,including reasonable attorneys fees,incurred by the County of Conte Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment rendered. B. The condition of this obligation,as to Section 2.(B)above,is such that said Principal and the undersigned as corporate suety are held firmly bound unto the County of Contra Costa and all contractors,subcontractor,laborers,materialmen and other persons employed in the perfoonance of the aforesaid Subdivision 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 Actwith respect to this work or labor,and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expanses and fees,Including reasonade attorneys fees,incurred by the County of Contra Costa(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 judgment 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 TNe 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Cede,so as to give a fight of action to hem or their asagns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligalon shall become null and void;othemise It shall be and remain in full force and effect C. No change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to be performed thereunder orany plan or speclications of said work,agreed to by the Principal and the County of Contra Costa(a city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any action agairst the Principal whenever taken. SIGNED AND SEALEDon April 21 08 PrincipatTice Valley 2321 LLC surety?ndemnity Company of California Address: 232► 'X cE vRLLef B t_v o. Address: 17780 Fitch yk{+LW'Jr Casc-ic zip: `[45°15 Irvine 926j4 : i Print Name: Thomas A Halaszynski PdntName:Blake A Pfister . Title: ow NL"fL i A-t;.G.rT Title: Attorney—in—fact [Note:Al signatures must be adm Hedged. For carporabons,two officers must sign. The first signature must be that of the chairman of he board,presdent or vice-president,the second signature must he that of the secretary,assistant secretary,chief financial officer,or assistant treasurer.(CH.Code,§1190 and Carps.Cade,§313.)] Form Approved by County Counsel (Rev.1/06) H:IF1W%Pwl1mpren9ond.1 a6.rpd ACKNOWLEDGMENT State of California )SS. County of Orange } On April 21, 2008 before me, Lianne Nahina , Notary Public Notary Public, personally appeared Blake A Pfister who proved to me on the basis of satisfactory evidence to be the person whose name(411) is/3wsubscribed to the within instrument and acknowledged to me that he/sl� executed the same in his/heri'tHeif authorized capacity(iQe�, and that by his/4e4#temif signature(,@' on the instrument the person(,O, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LIANNE NAHINA Commission # 1767633 o Notary PublIC -California c orange County MyC0rtn1F0esSep14.2011 ignature of Notary OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Bond 7280355 Date-April 21 , 2008 Number of Pages: 1 Signer(s) Other than Named Above: None Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer—Title: o Partner o Limited o General JV Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Indemnity Company of California ' r J• r POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY cOMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949263-3300 Attached to 7280 6S KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Blake A. Pfister*** as their We and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney Is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. „ppomn" pAN Y a QQ r 4F a O c Stephen T.Pate,Senior Vice President OkAp-o C 6CT1. a a t 10 2y � OGT-:=S By o= 19 3 6 0 - uv 1967 Charles L.Day,Assistant Secretary 1�O ... V State of California ^•,, {* ,,r' .` �}, County of Orange On January 1st,2008 before me, Christopher J.Roach,Notary Public Date Here Insert Name and'rifle of the Officer personall;•appeared Stephen T Pate and Chades L.Day Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to e c M sr the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized K 2 9 , capacity(tes),and that by hislherltheir signature(s)on the instrument the person(s),or the entity upon behalf of CHRISTOPHER J��tOAt 1i which the person(s)acted,executed the instrument. 4�OTAFIY PUBLiCAUFORNIA° E I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is a ORANCiEt:OUryMIY true and correct. VA ¢;'+Ss•�r.ai �OOfflm exptr'as Nley,L19 2Af1t t? . WITNESS my hand and offiial seal. Place Notary Seal Above Signature +c Ch er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 21 g 4sy of A p r 11 2008 By',e-Albert Hillebrand,Assistant Secretary flo-1 ACKNOWLEDGMENT �, � A State of California LM Seat ��� ez t`County of CONTRA COSTA `) 0,,CkOJ& �t Lro. .+ kin l Al , aoo g On Ol ap02 beforeme, LIZA S. QUESADA, NOTARY PUBLIC r (insert name and title of the officer) personally appeared 1 ha m.AS A LA'"3441 S� 1 who proved to me on the basis of satisfactory evidence to be the ersonW whose nam e( s/ r_ _subscribed to the within instrument and acknowle ed to me tha e/ hetittEq executed the same in hi e heir authorized capacity(ieA, and that b hi ' signatureA on the instrument the person( or the entity upon behalf of which the person( acted, executed the instru ment. 1 certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. a.� WITNESS my hand and official seal. ® LIZA S.QUESADA l@my Commission# 1680127 Zft Notary Public-California Contra Costa County Comm.Expires Aug 6.201 O Signature (Seal) i INSCO INSURANCE SERVICES, INC. �nSC�1CO Underwriting Manager for: [� Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 7280365 Principal: Tice Valley 2321 LLC Obligee: County of Contra Costa Surety: Indemnity Company of California Effective April 21 2008 it is agreed that: Principal is Thomas A.Halaszynski Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this lith day of July 20o8 Principal: Thomas A. Halaszynski Surety: Indemnity pany of California 139: Blake A Pfister, Attorney-in-Fact , PRODUCER: Bond Connection,PO 4164,Dana Point,CA 92629 IDA 183(REV.1/01) ACKNOWLEDGMENT State of California }ss. County of orange } On July 11 , 2008 before me, Lianne Nahina, Notary Public Notary Public, personally appeared Blake A Pfister who proved to me on the basis of satisfactory evidence to be the person whose name() is/ate subscribed to the within instrument and acknowledged to me that he/sloe+ req executed the same in his/hen'thai authorized capacity(iae), and that by his/he4t4e+r signature(e) on the instrument the person(e), or the entity upon behalf of which the person(4acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LIANNE NAHINA Commission # 1767633 Notary Publlo•Calllomla '�. Orange County L��J��-a- p�les5ep14.2011 ignature of Notary OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Bond 7280365 July 11 , 2008 1 Date: Number of Pages: Signer(s) Other than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer—Title: o Partner o Limited o General Jw Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Indemnity Company of California POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19726,IRVINE,CA 92623 (949)263-3300 Attached to 7280365 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Blake A. Pfister*** as their true and lawful Aftomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety. ship giving and granting unto said Attomey(s)4n-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the ads of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attomey,qualifying the attomey(s)named in the Powers of Attomey to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st,2008. ks7D n.� BY: 0 rko'' P.AMy Y Stephen T.Pale,Senior Vice President W.©RPORq ¢ tc Y 10 By. 3 B 1987 Charles L.Day,Assistant Secretarylow State of California County of Orange On January 1st.2008 before me, Christopher J.Roach Notary Public Date Here Insert Name and Title of the Officer personall;,appeared Stephen T.Pate and Charles L.Day Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized W capacity(ies),and that by hisMedfheir signature(s)on the instrument the person(s),or the entity upon behalf of H ++` which the person(s)acted,executed the Instrument. : `S I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ©RANtiyE�Op(JNif may: , <`, we and correct. WITNESS my hand and offs ial seal. Place Notary Seal Above Signature Ch' er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in farce as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 11 t Ny of J U 1 Y o 2008 BYr /r Albert Hillebrand.Assistant ecretary ID-1 380(WeQ(Rev.07107) ACKNOWLEDGMENT — N� State of California D4.ay( County of CONTRA COSTA On02(7 C1 _ before me, LIZA S. QUESADA, NOTARY PUBLIC (insert name and title of the officer) personally appeared T-ko�rL A . who proved to me on the basis of satisfactory evidence to be the person(5j'whose name isAam subscribed to the within instrument and acknowledged tome thate�hooey executed the same in is/ eEd4eir authorized capacity(), and that by N heratheir signature(s�_on the instrument the personka),_or the entity upon behalf o f which the person(4acted, executed the instru ment. I certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. LIZA S. QUESADA WITNESS my hand and official seal. Commission# 1680127 @my Notary Public-CalltorNp Contra Costa County.Comm.Expires Aug 6,201 Signature (Seal) i COID AFTER 10/11/08 8/27/08 PtA$47.00 05-0005 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 0063 (925)957-5280 Couny.,t �/ Joslyn Mitchell (925)957-2898 FAX `! Tax Operations Supervisor Date: 8/27/2008 p oo 1S 1001 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. 05-0005. WALNUT CREEK 98002 Parcel #: 188-141-002-9 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 $20,900.00 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, Treasurer-Tax C I ctor By: COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM TREASURER-TAX COLLECTOR'S DEPARTMENT ORGANIZATION NUMBER 0015 (Organization) 625 Court Street., Room 100, Martinez, CA 94553 (For Cash Collection Procedures,see County Administrator's Bulletin 105.) x�A .Y't#i ]iti31^� ✓ �r+}y.tJ.55.. L.:....iYf. } iMf 'l5 e'S}�I�F)e.yL. '��k`�Rr¢�T irf r, r.f:;:'I Xt4'-: ;a. ...'�ti. if th.;�)S"vt�:i*S .X,yxa�,s. t��A',�.1Pa x. .L"tk�lt•,P:t +tu )� nary F,fi DESCRIP,TION is , ,s :€ fA YFUND/ORGx SUB ACCT TASK+ OPTION ACTIVITY „ jyr, AMOUNT�,yv ' v..�..i v itITYp, SUBDIVISION GUARANTEE 831400 0803 20,900.00 EXPLANATION, TOTAL DEPOSIT $ 20,900.00 Review required by Contra Costa County Deposit consists of the following items: Tax Collector after 03/08/09 COIN and CURRENCY $ Subdivision Tax Guarantee Tract/MS . 05-0005 CHECKS,M.O.,etc. $ Used to pa taxes for the fiscal year 20 20 BANK DEPOSITS $ tt�1,h N9 V_ J` • L6 5 FOR AUDITOR-CONTROLLER USE ONLY 23ZN DEPOSIT PERMIT NUMBER AND DATE �iUty t✓R�P�1C `I S`1 S The ount of money describedabove Is forturer's receipt of above amount Receipt of above amount is hereby depo 1o4he-Geuny�r �"' pproved. acknowledged. y (' County Auditor Deputy County Treasurer Susan fiavez6_7 _ Signature Date Account Clerk-Advanced 7-2830 Title Extension Signature Signature TNTC D-34REV.(7.93) TRC Form Date: 08/26/04 • J. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT Board Date: / L3Ali" ]ten tuber: C. Ta C-7 To: Clerk of the Board lF9�eo < 0 From: Public Woi•ks Department ooNTgoo� ��0� tt (( tt ,J � �coST pF9 Subject: The following documents with appropriate Board Orders attached and this transm i ttal, shall accompany Final ap PIS 0Sro005 to the County Recorder's Office. Document Item Number [ ] No documents required [ ] Defen•ed Improvement Agreement [ ] Offer of Dedication — Roads [ ] Offer of Dedication — Drainage [�4] Grant Deed of Development Rights C<I [ ] Common Use Agreement [ ] Consent to Offer of Dedication — Roads [ ] Drainage Release [ ] Relinquishment of Abutters' Rights [ ] Landscape Agreement G [y.] Other jTY4GllC�1 The map and documents shall be transmitted to the Recorder's Office simultaneously by: Title Company: ( L.ACEk TI't-I.e Contact person: kA i It,4 WAipww- 9�s" y�fC Telephone number: A•��'_�`— � �'ri '�f� �� 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. RECORDED AT THE REQUEST OF: Contra Costa.County Board of Supervisors WHEN RECORDED RETURN TO: Public Works Department Engineering Services Division Records Section SPACE ABOVE THIS LINE IS FOR RECORDER'S USE DECLARATION OF NOTICE WHEREAS, the undersigned is the owner of the property described as follows: Parcels A and B, inclusive, ("Parcels") as shown on the map of Minor Subdivision 05-00005, filed for record on 20_, in Book of Maps at Page(s) through inclusive, in the Official Records of the County of Contra Costa, State of California ("Map"). AND WHEREAS, the County of Contra Costa Condition(s) of Approval number 10 dated September 9, 2007 require the undersigned to record the below notice for future owners of said Parcels: GEOTECHNICAL REPORT AVAILABILITY NOTICE Geotechnical reports that contain approved recommendations were prepared for this project by Purcell, Rhoades & Associates, Inc., on January 31, 2007, entitled "Geotechnical Study". The report includes specific recommendations with respect to the development and maintenance of land within the Project. No foundation or structure should be constructed without review of this report. A copy of the reports is on file for public review in the Contra Costa County Community Development Department. Owner shall make a copy of the report available to every purchaser of a Parcel from Owner. This requirement shall be a covenant, which shall run with each Parcel and shall bind all present and future owners of a Parcel. IN WITNESS WHEREOF, the undersigned has executed the within Declaration. (Owner/Company) By: `rhomns R. t4Ru.s2ras%r_t Title: Ow+Ntit- (Owner/Company) By: (Attach Notary) Title: CL:cl Page 1 of 1 C:\Documents and Settings\Tom\Local Settings\Temporary Internet Files10LK5B\DE-8 Sample Statements(2).doc Rev.February 8.2006 ACKNOWLEDGMENT -1, �v ' State of California County of CONTRA COSTA ) On �' �� � �� _before me, LIZA S. QUESADA, NOTARY PUBLIC (insert name and title of the officer) personally appeared I'tCE�CI:S h . �Ci�'C Z lSl who proved to me on the basis of satisfactory evidence to-be the person(A whose nameW(s7are- subscribed to the within instrument and acknowled ed to me tha e7l;he4lhey executed.the same in <hisfhsr-Ahelr authorized capacity(i®S), and that by iEherdtheir signature( on the instrument the person(or the entity upon behalf of which the person gacted, execu ed the instru ment. I certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. LIZA S..QUESADA WITNESS my hand and official seal. Commisslon iP 1600127 Notary Public - Cal!fornla r Conlin Costa County y IJiy Comm.Expires Aug 6,2010- - (Seal) �- Signature I i Recorded at the request of: Contra Costa County [hoard of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Walnut Creek Project: MS 05-0005 APN: 188-141-002 RELEASE AND INDEMNIFICATION I/we kAorL-csiKNsu.t declare the following: a. We are the owner(s)of Parcels A and B, inclusive, ("Lots") as shown the map of Minor Subdivision MS 05- OM, filed for record on in Book of Parcel Maps, at Page _, in the Official Records of the County of Contra Costa, State of California("Map"). b. We are aware that the creek banks on the site are potentially unstable and that potential damage to the on-site and off-site improvements may occur as a result of creek erosion or bank failure. C. In consideration of the potential damage referred to in subparagraph (b) above, and as a condition to the approved permit dated September 1 1 ,2006;per condition of approval number 32, we, each of us,and future property owners agree that we are aware of the potential damage. d. In further consideration of the potential damage,we,each of us,and future property owners hereby release th e County of Contra Costa, the Contra Costa County Flood Control and Water Conservation District and the County's respective officers, agents and employees from any claim, cost, or liability arising out of or in connection with any damage to the on-site and off-site improvements as a result of the'creek erosion or bank failure. e. In further consideration of the potential damage, we, each of us, and future property owners hereby agree to defend. indemnify,and hold said County,'the Contra Costa County Flood Control and Water Conservation District and the County's respective officers, agents, and employees harmless from any claims, costs, demands, expenses or liability,including without limitation all consequential damages,arising out of or in connection with any damage to the on-site and off-site improvements as a result of the creek erosion or bank failure. f. This Agreement is an instrument affecting the title or possession of the real property described above and shal l inure to the benefit of the County of Contra Costa, and the Contra Costa County Flood Control and Water Conservation District and shall be binding on all our heirs, successors and assigns. The undersignedexecuted this instrument on Jut:-( �5 r Zcro£3 (date). By cif1� G L' JDaad GA(irpDnta\GtgSvc\FonnS\AG WORMAG-23.doc Rev.November 5,2001 ACKNOWLEDGMENT S tate of California County of CONTRA COSTA On L�(, IS , �)�O _ before me, LIZA S. QUESADA, NOTARY PUBLIC J (insert name and title of the officer) personally appeared !I') j"-(lLj. who proved to me on the basis of satisfactory evidence to re the person(Awhose name isbare subscribed to the within instrument and acknowledged to me that die/ heAhey executedthe same in /fiis%heaheir authorized capacity(ias), and that by isjhe4iheir signature(xl on the instrument the person(s),or the entity upon behalf of which the person(Q,acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia th at the foregoing paragraph is true and correct. LIZA S.QUESADA WITNESS my hand and official seal. emy commission#1660127 Notary Public-Col!lornla Contra Costa County Comm.Expires Aug 6,20,0 ,2010 l � Signature l �� (Seal) Recorded at the Request of: Return to: Mr.Thomas Halaszynski 2952 Dorothy Drive Pleasant Hill CA 94523 Project:Subdivision MS 05-0005 APN: 188-141-002-9 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF SHARED ACCESS AGREEMENT To Whom it May Concern: The following declaration is recorded to run with deeds to Assessor's Parcel Number 188-141-002-9 and parcels created by Contra Costa County Subdivision MS 05-0005 and any future subdivision of those parcels: "This document shall serve as notification that there is a Shared Access Agreement for the ioad',vay serving Parcels "A" and "B". This statement is, again, notification of the agreement and you should be fully aware of this at the tirne of purchase." This declaration is recorded at the request of the undersigned, owner of Assessor's Parcel Number 188-141-002-9. By:-.2L-0—y ._- T1-10MAS A. I-IALASZYN TSKI (See Norarry Acknowledgment Attached) ACKNOWLEDGMENT State of California �` U County of CONTRA COSTA On OTI ' before me, LIZA S. QUESADA, NOTARY PUBLIC (insert name and title of the officer) personally appeared �--01'dAC who proved to me on the basis-of satisfactory evidence to be t p ,rsonwhose name( is'are subscribed to the within instrument and acknowled ed to me tha h' she" executed the same in ii /herltfieir authorized capacity(iA, and that byis/ e4t#eir signature(Kon the instrument the personal, or the entity upon behalf of which the person(Wacted, executed the instru ment. I certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. UZA S. QUESADA WITNESS my hand and official seal. _eloy Commission# 1680127 Notary Public - Collfomia Contra Costa County Comm.Expires Aug 6,20101- Sign _Sign (Seal) . I Recorded at the Request of: Return to: Mr.Thomas Halaszynski 2952 Dorothy Drive Pleasant Hill CA 94523 Project: Subdivision MS 05-0005 ANN: 189-141-002-9 SPACE ABOVE THIS LINE FOR RECORDER'S lJSF f NOTICE OF PRE-CONSTRUCTION SURVEY To Whom It May Concern: The following declaration is recorded to run with deeds to Assessor's Parcel Number 188-141-002-9 and parcels created by Contra Costa County Subdivision MS 05=0005 and any future subdivision of those parcels: "This document shall serve as notification that if construction on Parcel "B" is initiated from March through mid-May (this period corresponds with the early stages of most raptors' nesting cycle) a pre-construction survey by a qualified wildlife biologist should be conducted to detennine (1) if any raptor are nesting adjacent to the work area and (2) what level of - protection the nest should be afforded during construction. This statement is, again, notification of the requirement and you should be fully aware of this at the time of purchase." This declaration is recorded at the request of the undersigned, owner of Assessor's Parcel Number 188-141-002-9. By: • THOMAS A. HALASZYNSKI . (Sec. Notary AcknoNvleclement Attached) ACKNOWLEDGMENT State of California County of CONTRA COSTA On .a608 before me, LIZA S. QUESADA, NOTARY PUBLIC Q� (insert name and title of the officer) personally appeared �kS r`. AC11af1_ 2Skt who proved to me on the basis cf satisfactory evidence t6ke the person(y�whose name() is aTT subscribed to the within instrument and acknowledged to me thqGepheftftry executed the same in KiserAkir authorized capacity(X), and that b ii heir signature(s�con the instrument the person(, or the entity upon behalf of which the personks) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. WITNESS my hand and official seal. uzA S. A CommlCommissionn##168 1680127 @my Notary Public-California Contra Costa County Comm.Expires Aug 6,201 o Signature (Seal) M1 Recorded at the Request of: - Return to; Mr. Thomas Halaszvnski 2952 Dorothy Drive Pleasant Hill CA 94523 Project:Subdivision MS 05-0005 - APN: 188-141-002-9 SPACE ABOV B THIS LINE FOR RECORDER'S USE NOTICE OF PERMIT REQUIRED FOR FILLING WITHIN THE CREEK To Whom It May Concern:'' The following declaration is recorded to run with deeds.to Assessor's Parcel Number 188-141-002-9 and parcels created by Contra Costa County Subdivision MS 05-0005 and any future subdivision of those parcels: "This document shall serve as notification that any fill of the creek would require a Section 404 Permit from the Corps, Section 401.water quality certification from the Regional Water Quality Control Board, and a Streambed Alteration Agreement from California Department of Fish and Game. This statement is, again, notification of the requirement and you should be fully aware of this at the time of purchase." This declaration is recorded at the request of the undersigned, owner of Assessor's Parcel Number 188-141-002-9. By:_ 6 THOMAS A. HALAS7_YNSKI (Sec Notary Acknowledgment Attached) ACKNOWLEDGMENT State of California County of CONTRA COSTA �J On � G la66_ before me, LIZA S. QUESADA, NOTARY PUBLIC (insert name and title of the officer) personally appeared �1 s /�• �A�� u /)S Imo( who proved to me on the basis of satisfactory evidence to bete person(Ol-whose nameI are subscribed to the within instrument and acknowled ed to me that 1 ) he4rey executed the same in hed#w4r authorized capacity(iy s), and that b is! eir.-signature,(j$) on the instrument the is e person(§�' or the entity upon behalf of,which the person') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. LIZA S. QUESADA WITNESS my hand and official seal. Commission # 1680127 0=r Notary Public -California Contra Costa County My Comm.ExpiresAug6,2010 Signature (Seal) 1 Recorded at the Request of: Return to: - Mr.Thomas Halaszynski 2952 Dorothy Drive - .. Pleasant'Hill CA 94523 Project: Subdivision MS 05-0005 APN: 188-141-002-9 SPACE AHOV E THIS LINE FOR RECORDER'S USE STATEMENT OF POLICE SERVICES FEE FOR SUBDIVISION MS 05-0005 To Whom It May Concern: The following declaration is recorded to run with deeds to Assessor's Parcel Number 188-141-002-9 and parcels created by Contra Costa County Subdivision MS 05-0005 and any future subdivision of those parcels: "This document shall serve as notification that prior to issuance of a building permit for a main residence, you will be required to contribute $1,000.00 to Contra Costa County for police services mitigation. This statement is, again, notification of the fee and you should be fully aware of this at the time of purchase." This declaration is recorded at the request of the undersigned, owner of Assessor's Parcel Number 188-141-002-9. By: THOMAS A. HALASZYNSKI (See Notary Acknowledgment Attached) i ACKNOWLEDGMENT State of California County of CONTRA COSTA _j ` 6 J � •,�y..,�1;1 �°� Si6i� iiVi�Q�-0003 On 0 1 ")'0 0�' before me, LIZA S. QUESADA, NOTARY PUBLIC (insert name and title of the officer) personally appeared � �'S who proved to me on the basis of satisfactory evidence to bet personor,),whose nam is fe subscribed to the within instrument and acknowledged to me thate/ he/they executed the same in is her/their authorized capacity(, and that b hi edtheir signatureW on the instrument the person, or the entity upon behalf of which the person(*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California th at the foregoing paragraph is true and correct. ADA WITNESS my hand and official seal'. ]]] CoLIZA S. QUESmmission # 1680127 r -� Notary Public •California Contra Costa County My Comm.Expires Aug 6,2010 Signature ` (Seal)