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HomeMy WebLinkAboutRESOLUTIONS - 12042001 - 2001/5711 ejr Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 4, 2001, by the following vote: AYES: Supervisors Gioia , Gerber , DeSaulnier , Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 571 SUBJECT: Acceptance of Grant Deed of Development Rights (Property Line Structure Setback) for Subdivision MS 106-90, granted by the Harold and Elizabeth Schulz Revocable Trust, Rosemarie A. Keebler and Theodore Welp, Knightsen area(District III). IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Subdivision MS 106-90,Harold& Elizabeth Knightsen III Development Rights condition of approval 9c.Schulz Revocable Property Line Structure Trust, Rosemarie A. Setback). Keebler and Theodore Welp. G:\GrpData\EngSvc\BO\2001\Temp\MS 106-90 BO-27-2.doc JD:lad I hereby certify that this is a true and correct copy of an actic Originator: Public Works(ES) taken and entered on the minutes of the Board of Superviso:Contact:Rich Lierly(313-2348) on the date shown.cc: Recorder(via Title Company)then PW Records Current Planning,Community Development Attn: Rose Marie Pietras Schulz Trust,Rosemarie A.Keebler and Theodore Welp. 1 150 Pinewood Drive ATTESTED: December 4 , 2001 Napa,CA 94558 JOHN SWEETEN, Clerk of the Board of Supervisors an County Administrator By Z6<e1- Deputy RESOLUTION NO.2001/ 5 71 41 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Knightsen Subdivision: MS 106-90 APN: 020-110-006 GRANT DEED OF DEVELOPMENT RIGHTS Property Line Structure Setback.) To meet condition of approval number 9C, of Subdivision MS 106-90, the Harold and Elizabeth Schulz Revocable Trust,dated August 7, 1997,Rosemarie Keebler and Theodore Welp(Owners)hereby grant to the County of Contra Costa, a political subdivision of the State of California(Grantee) and governmental successor or successors of said county,the future development rights, as defined herein below, over a portion of that real property known as Parcels "A,B, C and D",of Subdivision MS 106-90, situated in the County of Contra Costa, State of California and more particularly described in Exhibit "A". Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "Restricted Development Area Property Line Structure Setback)." The development rights are and shall be a form of covenant, which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property. In the event of a disapproval of proposed construction by Grantee or successor Grantee, said proposed construction shall not be performed. Grantee, or successor Grantee,may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor Grantee, may deem appropriate. The undersigned executed this instrument on T Date). HAROLD P. SCHULZ and ELIZABETH M. SCHULZ, Trustees of the Harold and Elizabeth Schulz Revocable Trust,dated August 7,1997,as to an undivided 1/3 interest; ROSEMARIE A. KEEBLER, as to an undivided 1/3 interest and THEODORE WELP, as to an undivided 1/3 interest. G1 Harold P. Schulz, trustee. E abeth M. Schulz, trustee. WHArlold P. Schult , Power of Att rney Rosemarie A. Keebler By Joseph . ebler, Attorney—in—fact Theodore Welp by ose ebler,attorney-in-fact See attached notary) G GpDataarngS,c JOSUPII`.'_00!'Octotxrr.MS:fib-90 Dli-I doc JD lad,. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION County of Contra Costa CAPACITY CLAIMED BY SIGNER On 10-18-01 ,before me, Beverly Sue McMurdo, Notary Public Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC the data below,doing so may prove invaluable to personally appeared Joseph M. Keebler, attorney in fact for persons relying on the document. Rosemarie A. Keebler & The eFV? S) D INDIVIDUAL D personally knownto rite-OR- proved to me on the basis of satisfactory evidence to D CORPORATE OFFICER(S) be the person(s)whose name(s)is/are BEVERLY SUE MCMURDO subscribed to the within instrument and TITLE(s) Commission# 1286987 acknowledged to me that helshe/they executed D PARTNER(S) D LIMITED Z the same in his/her/their authorized Notary Public-California D GENERAL Z Contra Costa Councapacity( ies),and that by his/her/their D ATTORNEY-M-FACT signature(s)on the instrument the person(s)or MyCorr m.EVhi s Dec 11,2M4 the entity upon behalf of which the person(s) D TRUSTEE(S) acted,executed the instrument. D GUARDIAN/CONSERVATOR O OTHER: WITNESS my ha and official seat, c SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR EWFFY(IFS)i GNATURE OF NOTARY OPTIONAL SECTION Grant Deed of Development THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Rights( SPthark) TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document Oct 18, 2001 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 1. c) a)The Chair of the Board b The President Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer 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: tt and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:t PWS4\SHARDATA\GrpData\EngSw\For \WORD FORMSWl,PURPOSE NOTARY.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Stateof California OPTIONAL SECTION Countyof Contra Costa CAPACITY CLAIMED BY SIGNER On 10-18-01 ,before me, Beverly Sue McMurdo. Nota Pllb11C Though statute does not require the Notary to till in DATE NA TIME OF OFFICER E.G.,"JANE DOE,NO ARY PUB11C" the data below,doing so may prove invaluable to personally appeared Harold P. Schulz & Harold P. Schulz, Power persons relying on the document. NAME(S)OF SIGNER(S) 0 INDIVIDUAL of Attorney for Elizabeth M. Schulz 0 CORPORATEOFFICER(S) 0 personally known to me-OR-.0 proved to me on the basis of satisfactory evidence to 40' be the person(s)whose name(s)is/are TITLE(S) BFVERLY SUE MCMURD O subscribed to the within instrument and hacknowledged to me that he/she/the executed 0 PARTNERCommissiOfl#14B6987 g y S) LIMITED the same in his/her/their authorized PublfC-CO180fr1f0 i 0 GENERAL capacity(ies),and that by his/her/their 7(,Stauoumr signature(s)on the instrument the person(s)or 0 ATTORNEY-FN-FACT M)f<'*'rA•EXp.^!?F3C 11,' 4 the entity upon behalf of which the person(s) 0 TRUSTEE(S) acted,executed the instrument 0 GUARDIAN/CONSERVATOR 0 OTHER: WITNESS my hand and official seal, SIGNER IREPRESENTING: NAME OF PEE RSONS)OR ENi1TY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION Grant Deed of Development THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Rights ( Setback) TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document Oct 18, 2001 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. 1.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 1. c) a)The Chair of the Board b The President Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C The Chief Financial Officer 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." jc: PWS"HARDATA\CrpData\EngSw\For \WORD FORWALL PURPOSE NOTARY.doc Subdivision MS 106-90 Property Line Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcels"A,B,C and D",designated as"Restricted Development Area(Property Line Structure Setback)"shown on the parcel map of Subdivision MS 106-90,on file at the County Recorder's Office as follows: Date: Book: Page: G:\GrpData\EngSvc\IOSEPH\2001\Octobcr\MS 106-90 EX-A.doc JD:lad:sr RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: JOSEPH M. KEEBLER DICKENSON, PEATMAN &FOGARTY A Professional Law Corporation 809 Coombs Street Napa, California 94559-2977 DURABLE POWER OF ATTORNEY LIMITED TO TRANSACTIONS AFFECTING REAL PROPERTY SITUATED IN CONTRA COSTA COUNTY, CALIFORNIA I,ROSEMARIE A. KEEBLER,a resident of Napa, California, do hereby appoint JOSEPH M. KEEBLER as my attorney-in-fact to act for me and in my name as authorized in this document. By this document I intend to create a Durable Power of Attorney under California Probate Code Section 4100 et. seq. This power of attorney and the powers granted to my attorney-in-fact shall not be affected by subsequent incapacity of the principal. 1. YOUR POWERS. I hereby grant to JOSEPH M.KEEBLER as my attorney- in-fact all powers and authority to act as attorney-in-fact for me and in my name with respect to each and all of the following matters as the same are defined in California Probate Code Section 4451, which section 4451 is referred to and is hereby incorporated by reference pursuant to California Probate Code Section 4263, and shall be interpreted and exercised in the same manner as if this were a Statutory Form Power of Attorney executed pursuant to Probate Code Section 4401. Without limiting the powers specified in said Section 4451,those powers shall be interpreted to include,but not be limited to,the following specific powers: With respect to any interest in all real property which I may own which is situated in the County of Contra Costa, State of California, including any interest in such real property which I may hereafter acquire, you are authorized to pay all property taxes, liens and encumbrances, including any mortgage or deed of trust;to contract for,purchase, and receive such property, and all deeds and other assurances therefor;to lease, sell, exchange, change the form of title, release, convey, mortgage or otherwise encumber, and convey by way of deed of trust,upon such terms and conditions and under such covenants as you shall deem proper;to grant options;to eject,remove, or relieve tenants or other persons from, and recover possession of, such property by all lawful means; to collect, receive and receipt for rents and profits from such properties;to subdivide, develop or dedicate such property to public use, to dedicate easements or impose restrictions upon the use, including agricultural and conservation easements and restrictions, to or for public use without consideration; and to maintain, protect,preserve, insure, repair, build upon, demolish, alter, or improve such property, or any part of it,and any tangible personal property which I may own which is located in or around such property. You are authorized to pay all expenses, execute all documents required by the County of Contra Costa and make all necessary security deposits required by the County of Contra Costa for subdivision of such property, and to pay any expenses to develop and construct required improvements, maintain or repair the premises,to insure my tangible personal property located thereon, and to pay any fees, costs or charges required by the County of Contra Costa for subdivision of such property. As used herein, the term "subdivision" shall include, but shall not limited to,the division of any such property by parcel map proceedings. 2.LIMITATIONS OF YOUR POWERS.Notwithstanding the provisions of paragraph 1, your exercise of all powers granted in this document are specifically limited to be exercised only with regard to my rights, title, ownership and interest in and to any and all parcels of real property situated in the County of Contra Costa, State of California, including, but not limited to, all of my rights,title, ownership and interest in and to the real property described in the Interspousal Transfer Grant Deed recorded on August 13, 2001, as Serial No. 01-238202,in the Contra Costa Official Records, State of California(APN 020-110-006), and including,but not limited to,the subdivision thereof in conformance with the Conditions of Approval For Minor Subdivision 106-90 approved by the County of Contra Costa. 3. RATIFICATION. I hereby ratify and confirm all that you shall do or cause to be done under the authority granted in this document, and all documents signed, endorsed, drawn, accepted, made, executed or delivered by you shall bind me, my estate, my heirs, successors, and assigns. 4.THIRD PARTY RELIANCE. For the purpose of inducing the County of Contra Costa and any bank, broker, custodian, insurer, lender, transfer agent, taxing authority, governmental agency, or other party to act in accordance with the powers granted in this document, I hereby represent, warrant, and agree that: A. If this document is revoked or amended for any reason, I, my estate, my heirs, successors, and assigns will hold such party or parties harmless from any loss suffered, or liability incurred, by such party or parties in acting in accordance with this document prior to that party's receipt of written notice of any such termination or amendment. B. The powers conferred on you by this document may be exercised by you alone and your signature or act under the authority granted in this document may be accepted by third parties as fully authorized by me and with the same force and effect as if I were personally present, competent, and acting on my own behalf. C. No person who relies upon any representation you may make regarding 1) the fact that your powers are then in effect, 2) the scope of your authority under this document, 3) my competency at the time this document is executed, 4) the fact that this document has not been revoked, or 5) the fact that you continue to serve as my attorney-in-fact shall incur any liability to me, my estate, my heirs, successors or assigns for permitting you to exercise any power granted to you, nor shall any person who deals with you be responsible to determine or insure the proper application of funds or property. D. You shall have the right to seek appropriate court orders mandating acts which you deem appropriate if a third party refuses to comply with actions taken by you which are authorized by this document or enjoining acts by third parties which you have not authorized. In addition, you may sue a third party who fails to comply with actions I have authorized you to take and to demand damages, including punitive damages, on my behalf for such non- compliance. 5. REVOCATION OR AMENDMENT. I retain the right to revoke or amend this document and to substitute other attorneys-in-fact in your place. Revocation or amendments to this document shall be made in writing by me personally (not by you) and they shall be attached to the original of this document and recorded in the same county or counties as the original if the original is recorded. 6. USE OF PHOTOCOPIES OR FACSIMILE COPIES. Only one original of this document has been executed. All parties dealing with you are authorized to rely fully on a photocopy or a facsimile copy of the original executed document. 7.SEVERABILITY. If any provision of this document is not enforceable or is not valid, the remaining provisions shall remain effective. 8. GOVERNING LAW. This document shall be governed by the laws of the State of California in all respects, including its validity, construction, interpretation, and termination. I intend for this Durable Power of Attorney to be honored in any jurisdiction where it may be presented and for any such jurisdiction to refer to California law to interpret and determine the validity of this document and any of the powers granted under this document. I execute this Durable Power of Attorney on October 2001, in Napa, California. RCAK14ARIE A.KEEBLER , Principal I hereby agree to serve as Attorney-in-Fact as authorized in this document. Dated: October_q, 2001. KEEBLE Attorney-in-Fact Address and phone number of Attorney-in-Fact: 1150 Pinewood Drive Napa, California 94558 707) 252-1133 STATE OF CALIFORNIA) ss. COUNTY OF NAPA On I p-1S 20D l before me, q,YY h L L1YPe,(1 a Notary Public in and for the State of California, personally appeared ROSEMARIE A. KEEBLER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CARRIN LYNN GREENZ0Commission#12Q5453 NOS pt-c°iftri° Not PublicContracostocountyarY my Corton.Boes rn 16,2ooc3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: JOSEPH M. KEEBLER DICKENSON, PEATMAN &FOGARTY A Professional Law Corporation 809 Coombs Street Napa, California 94559-2977 DURABLE POWER OF ATTORNEY LIMITED TO TRANSACTIONS AFFECTING REAL PROPERTY SITUATED IN CONTRA COSTA COUNTY, CALIFORNIA I,ELIZABETH M. SCHULZ, a resident of Hillsborough, California,do hereby appoint HAROLD P. SCHULZ as my attorney-in-fact to act for me and in my name as authorized in this document. By this document I intend to create a Durable Power of Attorney under California Probate Code Section 4100 et. seq. This power of attorney and the powers granted to my attorney-in-fact shall not be affected by subsequent incapacity of the principal. 1.YOUR POWERS. I hereby grant to HAROLD P. SCHULZ as my attorney-in- fact all powers and authority to act as attorney-in-fact for me and in my name with respect to each and all of the following matters as the same are defined in California Probate Code Section 4451, which section 4451 is referred to and is hereby incorporated by reference pursuant to California Probate Code Section 4263, and shall be interpreted and exercised in the same manner as if this were a Statutory Form Power of Attorney executed pursuant to Probate Code Section 4401. Without limiting the powers specified in said Section 4451,those powers shall be interpreted to include, but not be limited to,the following specific powers: With respect to any interest in all real property which I may own which is situated in the County of Contra Costa, State of California, including any interest in such real property which I may hereafter acquire, you are authorized to pay all property taxes, liens and encumbrances, including any mortgage or deed of trust;to contract for,purchase, and receive such property, and all deeds and other assurances therefor;to lease, sell, exchange, change the form of title,release, convey, mortgage or otherwise encumber, and convey by way of deed of trust, upon such terms and conditions and under such covenants as you shall deem proper;to grant options;to eject,remove, or relieve tenants or other persons from, and recover possession of, such property by all lawful means; to collect,receive and receipt for rents and profits from such properties;to subdivide, develop or dedicate such property to public use, to dedicate easements or impose restrictions upon the use, including agricultural and conservation easements and restrictions, to or for public use without consideration; and to maintain, protect,preserve, insure, repair, build upon, demolish, alter, or improve such property, or any part of it, and any tangible personal property CIC:t' t f U vco: I 0 Jvr nt,+rtJttr STATE OF IDAHO ) ID 4 N-a ss. COUNTY OF OUSTER ) C Lis f 1 IL On 960(l '960before me, Iq ZZI 11 r 6. _Wa Notary Public in and for the State of Idaho, personally appeared THEODORE WELP, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. M O c. OTAR y- (P G vv C otar ublic t ori-117110-4 TE of ti which I may own which is located in or around such property. You are authorized to pay all expenses, execute all documents required by the County of Contra Costa and make all necessary security deposits required by the County of Contra Costa for subdivision of such property, and to pay any expenses to develop and construct required improvements,maintain or repair the premises, to insure my tangible personal property located thereon, and to pay any fees, costs or charges required by the County of Contra Costa for subdivision of such property. As used herein, the term "subdivision" shall include, but shall not limited to,the division of any such property by parcel map proceedings. 2. LIMITATIONS OF YOUR POWERS.Notwithstanding the provisions of paragraph 1, your exercise of all powers granted in this document are specifically limited to be exercised only with regard to my rights, title,ownership and interest in and to any and all parcels of real property situated in the County of Contra Costa, State of California, including, but not limited to, all of my rights, title, ownership and interest in and to the real property described in the Interspousal Transfer Grant Deed recorded on August 13, 2001, as Serial No. 01-238202, in the Contra Costa Official Records, State of California(APN 020-110-006),and including, but not limited to,the subdivision thereof in conformance with the Conditions of Approval For Minor Subdivision 106-90 approved by the County of Contra Costa. 3. RATIFICATION. I hereby ratify and confirm all that you shall do or cause to be done under the authority granted in this document, and all documents signed, endorsed, drawn, accepted, made, executed or delivered by you shall bind me, my estate, my heirs, successors, and assigns. 4. THIRD PARTY RELIANCE. For the purpose of inducing the County of Contra Costa and any bank, broker, custodian, insurer, lender, transfer agent, taxing authority, governmental agency, or other party to act in accordance with the powers granted in this document, I hereby represent, warrant, and agree that: A. If this document is revoked or amended for any reason, 1, my estate, my heirs, successors, and assigns will hold such party or parties harmless from any loss suffered, or liability incurred, by such party or parties in acting in accordance with this document prior to that party's receipt of written notice of any such termination or amendment. B. The powers conferred on you by this document may be exercised by you alone and your signature or act under the authority granted in this document may be accepted by third parties as fully authorized by me and with the same force and effect as if I were personally present, competent, and acting on my own behalf. C. No person who relies upon any representation you may make regarding 1) the fact that your powers are then in effect, 2) the scope of your authority under this document, 3) my competency at the time this document is executed, 4) the fact that this document has not been revoked, or 5) the fact that you continue to serve as my attorney-in-fact shall incur any liability to me, my estate, my heirs, successors or assigns for permitting you to exercise any power granted to you, nor shall any person who deals with you be responsible to determine or insure the proper application of funds or property. D. You shall have the right to seek appropriate court orders mandating acts which you deem appropriate if a third party refuses to comply with actions taken by you which are authorized by this document or enjoining acts by third parties which you have not authorized. In addition, you may sue a third party who fails to comply with actions I have authorized you to take and to demand damages, including punitive damages, on my behalf for such non- compliance. 5. REVOCATION OR AMENDMENT. I retain the right to revoke or amend this document and to substitute other attorneys-in-fact in your place. Revocation or amendments to this document shall be made in writing by me personally (not by you) and they shall be attached to the original of this document and recorded in the same county or counties as the original if the original is recorded. 6. USE OF PHOTOCOPIES OR FACSIMILE COPIES. Only one original of this document has been executed. All parties dealing with you are authorized to rely fully on a photocopy or a facsimile copy of the original executed document. 7.SEVERABILITY. If any provision of this document is not enforceable or is not valid, the remaining provisions shall remain effective. 8. GOVERNING LAW. This document shall be governed by the laws of the State of California in all respects, including its validity, construction, interpretation, and termination. I intend for this Durable Power of Attorney to be honored in any jurisdiction where it may be presented and for any such jurisdiction to refer to California law to interpret and determine the validity of this document and any of the powers granted under this document. I execute this Durable Power of Attorney on October , 2001, in Hillsborough, California. 1'&ETH M. C Z Principal I hereby agree to serve as Attorney-in-Fact as authorized in this document. Dated: October ,2001. ft,kROLD- P. SCHULZ Attorney-in-Fact Address and phone number of Attorney-in-Fact: 75 Country Club Drive Hillsborough, California 94010 650) 347-0400 STATE OF CALIFORNIA ) ss. COUNTY OF SAN MATEO) On ra, before me, Amt 8. & eliscil , a Notary Public m and for the State of California, personally appeared ELIZABETH M. SCHULZ, or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. A- TA 8. PRESSER Commission# 1245885Z Notary Public Notary Pubrc-Califomkl Atorneda Cour* MyC«nm.ftires Dec I7.2M3 Oct, 17 01 08: 11P Joe Keebler 70*72521149 p. 2 RECORDING REQUESTFD BY AND WHEN RECORDED RETURN TO: JOSEPH M. KEEBLER DICKINSON, PEATMAN & FOGARTY A Professional Law Corporation 809 Coombs Street Napa, California 94559-2977 lel R ABLE POWER OF ATTORNEY LIMITED TO TRANSACTIONS AFFECTING REAL PROPERTY SITUATED IN CONTRA COSTA COUNTY, CALIFORNIA 1,THEODORE WELP, a resident of the State of Idaho, do hereby appoint JOSEPH M. KEEBLER as my attorney-in-fact to act for me and in my name as authorized in this document. By this document I intend to create a Durable Power of Attorney under California Probate Code Section 4100 et. seq. This power of attorney and the powers granted to my attorney-in-fact shall not be affected by subsequent incapacity of the principal. I.YOUR POWERS. I hereby grant to JOSEPH M. KEEBLER as my attorney- in-fact full all powers and authority to act as attorney-in-fact for me and in my name with respect to each and all of the following matters as the same are defined in California Probate Code Section 4451, which section 4451 is referred to and is hereby incorporated by reference pursuant to California Probate Code Section 4263, and shall be interpreted and exercised in the same manner as if this were a Statutory Form Power of Attorney executed pursuant to Probate Code Section 4401. Without limiting the powers specified in said Section 4451, those powers shall be interpreted to include, but not be limited to,the following specific powers: With respect to any interest in all real property which I may own which is situated in the County of Contra Costa, State of California, including any interest in such real property which I may hereafter acquire, you are authorized to pay all property taxes, liens and encumbrances, including any mortgage or deed of trust;to contract for, purchase, and receive such property, and all deeds and other assurances therefor; to lease, sell, exchange, change the form of title, release, convey, mortgage or otherwise encumber, and convey by way of deed of trust, upon such terms and conditions and under such covenants as you shall de--m proper;to grant options; to eject, remove, or relieve tenants or other persons from, and recover possession of, such property by all lawful means,to collect, receive and receipt for rents and profits from such properties;to subdivide, develop or dedicate such property to public use., to dedicate easements or impose restrictiolis upon the use, including agricultural and conservation easements and restrictions,to or for public use without consideration; and to maintain, protect, preserve, insure, repair, build upon, demolish, alter, or improve such property, or any part of it, and any tangible personal property which I nuiy own which is located in or arowid such property. You are authorized to pay all V4 L 1 f U t lJV w 1 Lr+ J VC tvc c y t Cl r V i L V i t t w v expenses, execute all documents required by the County of Contra Costa and make all necessary security deposits required by the County of Contra Costa for subdivision of such property, and to pay any expenses to develop and construct required improvements, maintain or repair the premises, to insure my tangible personal property located thereon, and to pay any fees, costs or charges required by the County of Contra Costa for subdivision of such property. As used herein, the term "subdivision" shall include, but shall not limited to,the division of any such property by parcel neap proceedings. 2. LIN41TATIONS OF YOUR. POWERS.Notwithstanding the provisions of paragraph 1, your exercise of all powers granted in this document are specifically limited to be exercised only with regard to my rights, title, ownership and interest in and to any and all parcels of real property situated in the County of Contra Co" State of California, including, but not limited to, all of my rights,title, ownership and interest in and to the real property described in the Interspousal Transfer Grant Deed recorded on August 13, 2041, as Serial No. 01-238243, in the Contra Costa Official Records, State of California(APN 420-110-006),and including, but not limited to,the subdivision thereof in conformance with the Conditions of Approval For Minor Subdivision 106-94 approved by the County of Contra Costa. 3. RATIFICATION. I hereby ratify and confirm all that you shall do or cause to be done under the authority granted in this document, and all documents signed, endorsed, drawn, accepted, trade, executed or delivered by you shall bind me, my estate, my heirs, successors,and assigns. 4. THIRD PARTY RELIANCE. For the purpose of inducing the County of Contra Costa and any bank, broker, custodian, insurer, lender, transfer agent, taxing authority, governmental agency, or other party to act in accordance with the powers granted in this document, I hereby represent, warrant, and agree that: A. If this document is revoked or amended for any reason, I, my estate, my heirs, successors, and assigns will hold such party or parties harmless from any loss suffered, or liability incurred, by such party or parties in acting in accordance with this document prior to that party's receipt of written notice of any such termination or amendment. B. The powers conferred on you by this document may be exercised by you alone and your signature or act under the authority granted in this document may be accepted by third parties as fully authorized by ire and with the same force and effect as if I were personally present, competent, and acting on tray own behalf. C. leo person who relies upon any representation you may snake regarding I') the fact that your powers are then in effect, 2) the scope of your authority under this document, 3) m•• competency at the time this document is executed, 4) the fact that this document has not been revoked, or 5) the fact that you continue to serve as my attorney-in-fact shall incur any liability to me, my estate. my heirs, successors or assigns for permitting you to exercise any power granted to you, nor shall any person who deals with you be responsible to determine or insure the proper application of funds or property. Uct. 17 01 08: 14p Joe Keebler Ulebell4Zd D. You shall have the right to seek appropriate court orders mandating acts which you deem appropriate if a third party refuses to comply with actions taken by you which are authorized by this document or enjoining acts by third parties which you have not authorized. In addition, you may sue a third party who fails to comply with actions I have authorized you to take and to demand damages, including punitive damages, on my behalf for such non- compliance. S.REVOCATION OR AMENDIMENT. I retain the right to revoke or amend this document and to substitute other attorneys-in-fact in your place. Revocation or amendments to this document shall be made in writing by me personally (not by you) and they shall be attached to the original of this document and recorded in the same county or counties as the original if the original is recorded. 6.USE OF PHOTOCOPIES OR FACSIMILE COPIES. Only one original of this document has been executed. All parties dealing with you are authorized to rely fully on a photocopy or a facsimile copy of the original executed document. 7.SEVERABILITY. If any provision of this document is not enforceable or is not valid, the remaining provisions shall remain effective. 8.GOVERNING LAW. This document shall be governed by the laws of the State of California in all respects, including its validity, construction, interpretation, and termination. I intend for this Durable Power of Attorney to be honored in any jurisdiction where it may be presented and for any such jurisdiction to refer to California law to interpret and determine the validity of this document and any of the powers granted under this document. I execute this Durable Power of Attorney on October , 2001, in Stanley, Idaho. THEODORE WELP Principal I hereby agree to serve as Attorney-in-Fact as authorized in this document. Dated: October2001. JOSEP M. ICEEBLER rney-in-Fact Address and phone number of Attorney-in-Fact: 1150 Pinewood Drive Napa, California 94558 707) 252-1133 UGL 1 / U 1 UO: 1 OP Jul-- I1t'CU 1 er r v r --- a za r „ STATE OF IDAHO ss. COUNTY OF CUSTER) Ct'-ST''L On apbj L JV, 2601 before me, ZVjfEr2_4 aZ,5Wa Notary Public in and for the State of Idaho, personally appeared THEODORE WELP, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. T M• p Q: p'TAR y Z': otar ublic PUBX-\G vp 12 aue- Ire W74a OF