HomeMy WebLinkAboutRESOLUTIONS - 11042008 - 2008/707THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 4, 2008 by the following vote:
AYES:Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES:None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/
SUBJECT: Approving the fourth Extension of the Subdivision Agreement for Minor
Subdivision 93-00021, for project being developed by Harold W. Smith and
Martha-Lee Smith, Declaration of Trust dated May 23, 1979, as recommended by
the Public Works Director, Diablo area. (District III)
The Public Works Director having recommended that she be authorized to execute the
fourth agreement extension which extends the Subdivision Agreement between Harold W. Smith
and Martha-Lee Smith, Declaration of Trust dated May 23, 1979 and the County for construction
of certain improvements in Minor Subdivision 93-00021, Diablo area, through August 5, 2009;
APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0%
ANTICIPATED DATE OF COMPLETION: August, 2009
REASON FOR EXTENSION: Acquire Right of Way easements from neighboring
properties.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works
Director is APPROVED.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
PE:jc
G:\EngSvc\60\2008\I I-04\MS 93-00021 BO-11 FORM.docx Supervisors on the date shown.
Originator: Public Works(ES)
Contact:M.Sen(313-2187) bG/
Bond No/Date:5651435,July 9,2003 ATTESTED:
cc: Public Works—K.Gumwaya,Construction DAVID TWA; Clerk of the Board of Supervisors and
Current Planning,Department of Conservation and Development
T—June 5,2009 County Administrator
Harold W.Smith and Martha-Lee Smith
Declaration of Trust dated May 23,1979
101 Ygnacio Valley Road,Suite 330(DVEC)
Walnut Creek,CA
fCali By Tit+ "`^': ,Deputy
4596
Indemnity Company of California a -
11780 Fitch Street
Irvine,CA 92614
RESOLUTION NO.2008/ P
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number:MS 93-00021
Developer: Harold W.Smith and Martha-lee Smith
Declaration of Trust Dated May 23, 1979
Original Agreement Date: August 5, 2003
Fourth Extension New Termination Date: August 5, 2009
Improvement Security
Surety Indemnity Company of California
Bond No. (Date): 565143S (luly 9, 2003)
Security Type Security Amount
Cash: 11125.00 (1% cash, $1,000 Min.)
Bond: 111,375.00 (Performance)
56,250.00 (Labor & Material)
The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa
County and said Surety hereby agree thereto and acknowledge same.
Dated: Dated:
Principal/Developer:
HAROLD W, SMITH AND MARTHA-LEE SMITH;
DECLARATION OF TRUST.MAY 23 1979
FOR CONTRA COSTA COUNTY AND ALL AMENDMENTS,RESTATEMENT§,AND SUB-TRUSTS?
Julia R.PBueren, PublicYprks Director
By.
By-
mi stee
By
RECOMMENDED FOR APPR AL:
e nu Successor Trustee
By:
By.
R—oFertRosenRosenberg, successortrustee
Engineering ervices Division) Address: Diablo Valley Estate Company,LLC
101 Ygnacio Valley Road #330
Walnut Creek,CA 9459
NOTE: Developer's, Surety's and Financial
institution's Signatures must be Notarized.) Indemnity Company of California
Surety or Financial Institution
FORM APPROVED: Victor J. Westman, County 11780 Fitch Street
Counsel Irvine, CA 92614
Addres
After ADoroval Return to Clerk of the Board V,( k,' kZaW-
Attorney in Facts Signature
Erin Russell , Attorney-in-Fact
Printed
Principal/Developer:
HAROLD W. SMITH AND MARTHA-LEE SMITH,
DECLARATION OF TRUST MAY 23, 1979
AND ALL AMENDMENTS,RESTATEMENTS, AND SUB-TRUSTS)
By: i ti date:i
Martha-Lee Smith, Trustee
i
By date:
Randall . Smith, Successor Trustee
By: date:
B' e C. Smith,S-u-ccessor Trustee
By: C-lJ( date:
Robert Rosenberg, Successor Tru tee
i
Address: Diablo Valley Estate Company, LLC
101 Ygnacio Valley Road, #330
Walnut Creek, CA 94596
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofi/. ifJKlYlx
O before me, A*
HereatecInsertmeandTieoftheUnicer
personally appeared r '` _e
of Signer(s)—/
who proved to me on the basis of satisfactory evidence to
be the person(s)-whose name(a) isJare subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in tWher/their-authorized
capacity(ies), and that by-his/her/their signature(s) on the
instrument the person(e), or the entity upon behalf of
CAROLCOPPERSIEIN which the person(s) acted, executed the instrument.
Commitwon N 15165312
Garro I certify under PENALTY OF PERJURY under the laws
Cam ExPhnlop310 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and o ficial seal.
Signature
Place Notary Seal Above Signature of Notary P is
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: /
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited 0 General _ Partner— Limited General
Attorney in Fact L1 Attorney in Fact
M Trustee Top or thumb here
Trustee Top of thumb here
Guardian or Conservator Guardian or Conservator
Other:Other:
Signer Is Representing:Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave.,P.QBox 2402-Chatsworth,CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-87&6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of.California
County of
On 411.21,0 before me, If U
ate L Insert Nam and Title of he Officer
personally appeared a A' • .Y!/ii 6Z?
Name(s)of Signer(s)
e
who proved to me on the basis of satisfactory evidence to
be the person(s)-whose name(.aj Ware subscribed to the
within instrument and acknowledged to me that
he/sheffhey executed the same in his/her/their authorized
M8LCOPpERSTEIN capacity{ies), and that by hisftr/Meir signature(s) on the
CommBaion#isi65S2 instrument the person.W, or the entity upon behalf of
t1o1prt' which the persons) acted, executed the instrument.
Corrro Collo Conry
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.
Place Nota
Signature e L L.T y 4
Notary Seal Above Signatulte,#YlNofary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
Attorney in Fact Attorney in Fact
2L Trustee Top of thumb here
Trustee Top of thumb here
Guardian or Conservator Guardian or Conservator
Other:Other:
Signer Is Representing:Signer Is Representing:
2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-ChatsworU,CA 91313-2402-w .NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of J}
O e oWobefore me,
DaV 01 ollifere Insert Name and Title V1he Officer
personally appeared l Lf [,Q C. T/G
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(a)whose name(aj-is/aw-subscribed to the
within instrument and acknowledged to me that
CAROL COPPERSTEIN he/Ore/;Otey executed the same in his/ber/their-authorized
0.
4Coma;
sloe#t 1516532 capacity(jos) and that by his/Jaerltbeir signature,(8.}on the
Notary PUIDDC-California instrument the person)*, or the entity upon behalf of
Contra Costa County which the persoro) acted, executed the instrument.
MyComm.Expras Sep 30,2008
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. '
Signature
Place Notary Seal Above Signature of Nbtavbhw
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: l Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate-Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General _ Partner— Limited General
Attorney in Fact Attorney in Fact
Trustee Top of thumb here
Trustee Top of thumb here
Guardian or Conservator Guardian or Conservator
Other:Other:
Signer Is Representing:Signer Is Representing:
2007National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of A(0.rVL C 4dC^J}
On before me, Joinifir L• leai.kli. Cls ry P` It'c ,
Date Here Insert Name and Tiile he O Pi 'r
personally appeared P,OLC.r t . Ro re-K bc49
Name(s)of Signerfs)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(e) is/are subscribed to the
within instrument and acknowledged to me that
yr- ...r ---w he/sheAhG executed the same in his/hetiAl4eir authorized
JENNIFER L.RANKIN capacity(ies), and that by his/he0heir signature(a) on the
Commission s 17a14ff7• instrument the person(s), or the entity upon behalf ofNotaryPublic -Callfofnlo,
Alameda County which the person(s) acted, executed the instrument.
Comm ess 21011
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_an_d official seal.
y VrSignature u-•-
Place Notary Seal Above ignature of Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
J
Title or Type of Document: Cop4il CaJ'f.- C6G-s•'4 S" WVlS1co-- Ajrcc1X4^-7L EXlztir ro
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
Attorney in Fact El Attorney in Fact
L7- Trustee Top or[numb here
El Trustee Top of thumb here
Guardian or Conservator Guardian or Conservator
Other:Other:
Signer Is Representing:Signer Is Representing:
02007 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsvtorth,CA 91313-2402 x .NationalNotaryorg Item#5907 Reorder:Call Toll-Freet-800.676-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sacramento
On asf4 ZLb$ before me, Sokha Khon, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Erin Russell
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
4- executed the same in his/her/their authorized capacity(ies),
r and that by his/her/their signature(s) on the instrument the
E SOKHA KHON person(s), or the entity upon behalf of which the person(s)
COMM. #1742622 acted, executed the instrument.
t NOTARY PUBLIC-CALIFORNIA 17SACRAMENTOCOUNTY0 1 certify under PENALTY OF PERJURY under the laws ofCOMM.EXPIRES APRIL 29,2011 + the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Pu c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
GQ Attorney in Fact El Attorney in Fact
Trustee Trustee
Guardian or Conservator Top of thumb here Guardian or Conservator Top of thumb here
Other: Other:
Signer Is Representing: Signer Is Representing:
Indemnity Company of California
and Developers Surety and
Indemnity Company
0 2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1.800-876-6827
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
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:
Sharon J. Rusconi, Sandy Black, Erin Russell, jointly or severally***
as(heir true and lawful Attorney(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 Attorney(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 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
Attorney,qualifying the attorney(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 anv 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 1s(,2008.
BY A 14,6".. ANpANYfit............. OM 0
Stephen T.Pate,Senior Vice President yJ` l !
P;
ti:' G OPPOggT
OCTo r
D
By -------------- 1 9 3 6 `o f w
19675
Charles L.Day.Assistant Secretary
11 7, rpw p , a-0D pq yFoP\
P a=
p .... A ,
State of California
County of Orange
On January 1s1 2008 before me, Christopher J.Roach Notary Public
Date Here Insert Name and Title of the Officer
personally 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 persons)whose name(s)islare subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/herllheir authorized
J.ROACH
capaciry(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
PHERwhich the person(s)acted,executed the instrument.
a COMM.01745939
NOTARY PUBLIC CALIFORNIA 0 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is3ORANGECOUNTY ^ true and correct.
My comm.expires May 19,2011
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Chr 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.
c
This Cerfificate is executed in the Cily of Irvine.California,the l tday of 1
r "
woe)
By - -
Albert Hillebrand,Assistantecrela5" ry
ID-1380(Weq(Rev.07107)