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MINUTES - 12032002 - C11-C14
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote: AYES: SUPERVISCRS=UILKEM, GERBER, DESAULNIER, GLOVER, ANIS GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/722 SUBJECT: Approve the 2"d Extension of the Subdivision Improvement Agreement for Minor Subdivision 3-98, Alamo area. (District III} The Public Works Director having recommended that he be authorized to execute the 2nd agreement extension which extends the Subdivision Agreement between Imperial Trading Limited and the County for construction of certain improvements in Minor Subdivision 3-98,in the Alamo area, through November 12, 2003; +► APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 80% ♦ ANTICIPATED DATE OF COMPLETION: December 2002 REASON FOR EXTENSION: Delays in project. Paving scheduled for November 2002. Road signing thereafter. NOW THEREFORE BE IT 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 PE:cw entered on the minutes of the Board of Supervisors on the date shown. o:\GrpData\Engsvc\ao\2002\12-03-02\MS 3-98 leo-1 l.dos DECEMBER 03 2002 ATTESTED: r Originator: Public Works JO SWEETEN, Clerk of the Board of Supervisors and County Contact: Rich Lierty{3113-23-2345} Administrator CC., Public Works—T.Bell,Construction Current Planning,Corrnnunity Developmnt T- 03 im?erial Trading Lirrrited By ) � ,De Ut 351 Brightwood Circle Danville,CA 44506 RESOLUTION NO.2002/ 722 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Minor Subdivision 3-98 Developer: Imperial Trading Limited Original Agreement Date: May 23,2000 2nd Extension New Termination Date: November 12,2003 Improvement Security Auditor's Deposit Permit Security Type Security Amount Number(Date) Made Ey Cash: $ 1,000.00 349201 (4/28/00) Trademark Homes,LTD. (1% cash, $1,000 Min.) Cash: $69,800.00 (Performance) 349737(5/8/00) Imperial Trading Limited Cash: $35,400.00 (Labor&Material) 349815 (5/9/00) Imperial Trading Limited The Developer desires this Agreement to be extended through the above date;and Contra Costa County hereby agrees thereto and acknowledge same. Dated: 0 Z Dated: _ FOR CONTRA COSTA COUNTY Maurice Shi ,Public Works Director Developer's Signature(s) By. Printed f', 7 won,/ C"r/zC lt— RECOMMF OR PROVAL: Address /�A�v't/,`Jtic, e4 9Yt.-t7 C By: Ivo ,0'k7eeJ ,;) Cdpr ; ring Services Division) Surety or Financial ffistitution (7VOTE: Developer's, Surety's and Financial �---1' Institution's Signatures must be Notarized.) Attorney in Facts Signature F FORMAPPROVED:v qoe 7.wecuwn c«nrycouaW / , o Printed After Approval Return to Clerk ofthe B_pard _ �" � CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT � State of CA OPTIONAL SECTION County of Contra Costa CAPACITY CLAIMED BY SIGNER On OC t. 29 gyp,before me, N. .7. 7ov_ Aloes ry Pub 1 i r- , Though statute does not require the Notary to 1111 BATENAMl, oT I ESI FILER .G.,"JANE DoE,NOTARY PUBLIC' 1n the data below,doing so may prove invaluable to personally appeared_ F_r a d E Scbnppar tpersons relying on the document. NAMES)OF SIGNER(S) D ❑ INDIVIDUAL 111?�personally known to me-OR-C❑ provided to me on the basis of satisfactory evidence to Ll ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TITLE(S) to the within instrument and acknowledged to that he/she/they executed the same in ❑ ❑ PARTNER(S) C ❑ LIMITED N. J. JOY /her/their authorized capacity(ies),and that by C1 ❑ GENERAL COmmildl0n 01�t 33 /her/their signature(s)on the instrument the © )KATTORNEY-IN-FACT NdfAry ����. '11ftrnla on(s)or the entity upon behalf of which the p ❑ TRUSTEE{S} COMM Closet Cou�y on{s)acted,executed the instrument. C ❑ GUARDIAN/CONSERVATOR IY4y C+7flirtt. InM 1�p1 �, ES hand andtciai ❑ OTHER: t NER IS REPRESENTING: 311A OTARY {NAME OF PERSONS)OR ENTITY(IES)) C❑ acknowledged tome that such corporation executed the within instrument pursu its by-aws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following 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. (a)The Chair of the Board b The President c Any Vice-President GROUP 2, a The Secretary An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of 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." THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 723 SUBJECT: Approval of the Parcel Map and Acceptance of Instrument for Grant Deed of Development Rights (in lieu of bonding required improvements) for Minor Subdivision 157-90,being developed by Warren Turnage,Clayton area.(District III) The following documents were presented for Board approval this date: I. Map The parcel map of Minor Subdivision 157-90,property located in the Clayton area, Supervisorial District III, said map having been certified by the proper officials. II. Instrument A Grant Deed of Development Rights. Granted by Judith Ann Mashore, Marchele Trost Turnage, Todd Trost, and Derek Trost, in lieu of bonding the improvements required for Minor Subdivision 157-90. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date Originator:Public Works(ES) shown. Contact: Rich Lieriy(313-2348) JH:cw G:1GrpData\EngSvc\3012002\12-03-02\MS 157-90 BO-21.doc ATTESTED: DECKER 03, 2002 c: Current Planning,Commnmity Development JOHN SWEETEN,Clerk of the Board of Supervisors and County Warren Turnage Administrator 530 Brouwnstone Road Oakley,CA 94561 Cathy Trost 8291 Lone Tree Way ; Brentwood,CA 94513 BY ,Deputy RESOLUTION NO.2002/ 723 SUBJECT: Approval of the Parcel Map and Acceptance of Instrument for Grant Deed of Development Rights (in lieu of bonding required improvements) for Minor Subdivision 157-90,being developed by Warren Tumage, Clayton area. (District DATE: December 3, 2002 PAGE 2 M. 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 2002-2003 tax lien has been paid in full. 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 not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said instrument, Granting Development Rights, is hereby accepted. RESOLUTION NO. 2002/723 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Morgan Territory Subdivision: MS 157-90 APN: 078-320-001 GRANT DEED OF DEVELOPMENT RIGHTS (In lieu of bonding required improvements) To meet condition of approval numbers 11, 12, 14(A2), 14(E), 14(P),and 14(H),of Subdivision MS 157-90, we, Judith Ann Mashore, Marchele Trost Turnage, Todd Trost, and Derek Trost, (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 B, C, and D of Subdivision MS 157-90,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.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, said proposed construction shall not be performed. Grantee,or successor, may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee, or successor,may deem appropriate. Owners grant these development rights in lieu of constructing or bonding the improvements required by the Conditions of Approval for Subdivision MS 157-90.Upon completion of the improvements, per the improvement plans for MS 157-90, approved by the County on September 25,2002,or the bonding of these improvements, per the requirements of County Ordinance 94-4.4, Grantee, or successor, shall quitclaim development rights back to owners or successors. The undersigned executed this instrument on 9/26/02 coag). Judith Ann Ma shore, an unmarried woman, Marchele Trost Turnage,Todd Tros Derek Trost as their interests may a pear 040,K (5 J ith Ann Mas ore ae Marcheje Trost Tumage (siseaure) Todd Trost (See attached notary) (Si;eaum) 0:\Grpbua\Enssvcttgnu002w8ausuatGonRMs:57-90.dac Derek Trost JH Subdivision MS 157-90 (In Lieu of Bonding Required Improvements) EXH(BIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Parcels B, C, and D, shown on the parcel map of Subdivision NIS 157-90, on file at the County Recorder's Office as follows: Date: Book: Page: Mit SvcUorgt12W2VagMtWSt57-90EXA.&C CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT state of CALIFORNIA OMONAL SECTION Cotmtyof CONTRA COSTA CAPACITY CLAIM MBYSIGNER David Randall Fischer, Notary Public On� "'��.before me, Though statute dares not require the Notary to lull In DATE RM&C 1Y U rw B.a,MM D014 WARY KSW tJC"' the data below,doing so may prove invaluable to pmonallyappWod JUDITH ANN MASHORF Persons reiyiasonthe document NAMMOFEMEN INDIVIDUAL Xpersonalty known to ine-OR-0 proved to me on the basis of satisf story evidence to C CORPORATE OFFICER(S) be thea)whose name(s)Wan su to the within instrtanent and MUM acknowledged to me that hdsWIhey executed 0 PARTNER(S) the same in hiallm/therir authorized Q GENERA r .e► LIMITED — �-� j _•• j •• l7 GENERAL "t capacity(ics),and that by hislhorltiteir DAVIT RAMOALL ftgCHER signatures)on the inshurnent the pexaoo(s)or U ATTORNEY-IN-PACT PACT COAM 01 a the entity upon behalf of which the pawn(!) C TRS ' acted,executed the insht:rraxtt c GGA N/CONS£RVATOR CONTRA COSTA COUNTY C} 0 OTHER:- COW THER: C�,}itSai.W.AUG.gt,2titl3"' wri`I�IESS my hand and oilkw SIGNER IS REPRESENTING: {ivatse raaSON(S)ca MM(W)l SI(�IX1STit$OPI ARY OMONAL SECTION Grant Deet! of Development THIS CERWICATE MUST BE ATTACHED Title arc Type of Docun=t Psi a h t S (I n_1 i e t i n f ho n al;n- TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it nay prove valuable Date of Document 9/26/02 2SfD2 to persons relying on the document and could prevent fraudulent Signa(s)Other Than Nannd Above (three others n"ttachment of this form IRISM—R-C TUNS TO Nt3TA12Y 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. FQR ALL aQNAM -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. H. SLQE&j=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. `,FOR S - Signing party must be either a general partner or be authorized in writing to have the authority to sign or an partnerslnp. IV. Documents should e sign y twoo cers,one from each of the following two groups: GROUP 1. �a}The Chair of the Board ({b)}11ePresident Any Vice-President GROUP2. tal The Secretary IN An Assistant Secirtary (cj The Chief Financial Officer The Assistant'I`rwurer 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 on up,must contain the following phrase: "...and acknowledged to me that such corporation executed the within' ent pursuant to its by-laws or a resolution of its Board of Directors" )Qum 1Y'wa4Ss73ARnwopmtrlBn;SvCYF�cstwo FORM"PC LIOSHNarARY.dw CALWOI2NIA ALL-PURPOSE ACKNOWLEDGEMENT State OPTIONAL SECTION CoUnty f Yt, CAPACITY CLAIMED BY SIGNER On (P b ore me, Though statute does not require the Notary to fill In DATE TITP of o B. .,-JANE DOB NOTARY P the data below,doing so may prove invaluable to r�S persons relying on the document. personally appe NAMWS)Of sr s) ❑ INDIVIDUAL 1__to'lie MO proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICERS) be the pets whose namet }Out� TITLE(S) subscribed to Me within ins4imient and acknowledged a s y executed 0 PARTNER(S) 0 LIMITED the same i au zed 0 GENERAL R. capacity{i�S},a at b r BAMOV0 ATTORNEY-IN-FACT signatureM,on the instrument a person{o or ❑ TRUSTEE(S)COMM. #1326587 the entity upon behalf of which the persol* NOTARY PU8L1C-CAUFORNIAJ acted,executed the instrum0 GUARDIAN/CONSERVATORent. ❑ OTHER: COSTA COUNTY `9Comm Novambsr 22,2005 y hand and=0TARY eal, a SIGNER IS REPRESENTING: (NAME OF PBRSON(S)OR ENTITY(IFS)} iGNATURB tlF OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Docu _ .. TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form IINSMCTI NS 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 L___t�L 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. S19NATURES 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. S S - Signing party must be either a general partner or be authorized in writing to have e authority to sign for and bindthe partnership. IV. SI Documents should a signed by two officers,one from each of the following two groups: GROUP 1. Naair of the Board ((b))The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secreta c The Chief Financial{Sfficer 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." JQWW UPWS4\SRARDATA1apDaft\W,V,\FOnM\WORT)PORWALL PURPOSE NOTARYADQ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT S of OPTIONAL SECTION CoGw�»ty o CAPACITY CLAIMED BY SIGNER On `/f D�"-.bafo me, Though statute does not require the Notary to till In DAIS TITLE OF O I E.11., DOE x Y PUBLIC the data below,doing to may prove Invaluable to personally appea4T � } persons relying on the document. NAm(s)OF SIONERR(S) I ❑ INDIVIDUAL proved to me on the basis of ss'sfactory evidence ❑ CORPORATE OFFICER(S) be the pi, 0 whose na TITLE(S) subscribed to a within i t and acknowled to me executed ❑ PARTNER(S) ❑ LIMITED the same' his orized p GENERAL RIARSON capacity' nd that h' /tfmb ATTORNEY-IN-FACT COMM. #1326587 signatures the instrument the pers ATTOR or ❑ E(S) NOTARY PUBLIC-CALIFORNIA the entity upon behalf of which the person ❑ GUARDIAN/CONSERVATOR CONTRA COSTA COUNTY acted,executed the instrument. ❑ OTHER: MY Cortwn X22' my hand and official seal, SIGNER IS REPRESENTING: JC� (NAME OF PERSON(S)OR EWITY(IE5)) SIGNATURE OF NOTARY OPTIONAL SECTION ,J'�� THIS CERTIFICATE MUST BE ATTACHED Title or Type of Doeumen 11 TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following 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 AI, SI NATU,�tES -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. I A R INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SLQL4n=S FOR PAR.TNEHIPS - Skgnitng party must be either a general partner or be authorized in writing to have e authority to signfor and�in a partnership. N. SIQNAn=S F RAI S Documents should a sign y two officers,one from each of the following two groups: GROUP 1. Naair of the Board ({b, The President c 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 instr unent 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 onlyone group,must contain the following phrase: "...and acknowledged to me that such corporation executed the witin instrument pursuant to its by-laws or a resolution of its Board of Directors." 1\YYWS4ISHARDATvAPor=\WORD FORM UI.L PURPOSE NOTARY.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State o€ i*.AI IEORNIA OPTIONAL SECTION County of CONTRA COSTA CAPACITY C LAVAM BY SIGNER O n L - w Q - before me, Laura A.Moss,#'may PtAWC Tbooto statute does not require the Notary to illi in DATE the data below,doing se may prove Invaluable to ferny appeared t?5 =INDIVIDUAL ag on the document. NAMB �iR $-) 0 permuttly itnown to me-OR-8'1pmved to me on the bash of satisfsetary evidence to CI CORPORATE OFFICER(S) be the penon(s)whose nan*s)is/weTMISM - subseibed to the within autiument and scimowledgad to me that hetsba0 y executed 13 PARTNERS) O LIMITED the so=in hislImAkek authorized 0 CiENl3RAL - capecity(tts),and that by hisilusslikeir D ATTORNEY-IN-FACT !AURA A. MOSS signsh*s)on the iaslrurrtent the persons)or 0 T RUGA (S) •• Comm.#1239810 ►n the entity upon behalf of which the persons) D QUARDIANICONSERVATOR 901ART t MIC•CAVORM Vt acted,executed the instntmunt. caul Corti County 0 OTHER: my Comm.Egret NOV.it,NO3 V471WESS my hand official seal, SIGNER,IS REPRESENTING: t NAME W FErtSOl+iM tut Ontr rtMs7t SI11371AW OP 140TAatior OPTIONAL SECTION THIS CERTIFICATE MUST RE ATTACHED Title or Type of Document_9AV 1 1) F—a Q D E V C" . CI TO THE DOCUMENT AT RIGHT. Numbar o€Pages -- Thougb the data below is not required by law,it may prove valuable Date of Document . C;? &,0 Z - -to persons retying on the document and could prevmt fraudulent Siper(s)Other Than Named Above mattachment of this form INSDIK-TM T{3_—QTARY T€te 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 I�",NA -`11e name and interest of the signer should be typed or printed MEATH the signature. Ile ef name must signedexactly as it is typed or printed. H. -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stat M. 9104TL=FOR U&MP S - Signing party must be either a general partner or be authorized in writing to have the authority to sign or an b ` e partnerslhux`p. IV. Documents should e signedy two o vers,one from each of the following two groups. GROUP 1. (a The Chair of the Board (b The President c Any Vice-President GROUT"2. a The Secretary An Assistant Secre c The Chief Financial fficer 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 oup,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." XWN YliWS4 AltUA7A1t3rpDatalAnywtpamdiwokraF RMSVILFU$FMAMAXY.dw a , a ' Nx TA VA Al I&VVA cak �Q � a � �� � ;•y New,...«. .f,F. �. 'ii� i�. OWN 3J 31 C 1925.4 0A.526 4 TIS R I E S�3 At Siler 101111 C*Of � 3 EY YS�09'Mt 345.&66 t N��K{33 11tr.Sti r r i�aompy'Yi 5rS.52S �G?l fFA3130fa(+1 +§�5 �¢ ins"�i•'�'.•"' �' � — l e't " " ` �► b� o t w -,r IT '9>Mlq� ChR r � o ,� t+ ` •(,b,•,{.'�"�+' S ', -.+ ° "-"C"- 3�T.i1NRkTs To COWNA Gala► Y-__"= r 6 / "-.�' L suffY&t'0!!O W, ;78.5�FSa 9 BiiMC w. - Y 4 ` ) o� Rat.fidf�i�l[If2tiiE311ik'�'��y 70 iIN'd°!` •EE7UCMG AW G8D1GA1 ^i itAiCTlD ppV67p EifT J k�' t -�F 19X1•V34't ' t01N#i 0"mom ow ----------- A7' YT 11111111141111 4m wo Cii50R4E} L10 1-4rL1L,� T�LLt t 4$t tw i IT i4M tIN # MARSI—t uwa� � • rr y t am} up ra twNd ti ;t tt.t0 j�'171i�p�13�e tiff+awwMaIIIIIII „�Et x Lj r.,u l.t t1✓ •w �� � AN fR i Tri pi ti+Siiir� 1 Ali j K. �` lSB GYrti�R'8 • rvv Cl Y M r f 5�` �'•(fly N �� to 0 Ln w Ar1-4 ` Cl rn to fit R ws 00 x IL WN IP io sM' pew _ ----------- 42. --------- 4 e +ate .,✓"." 8.74"4� '".^.--..., 4. yw CRtyo k i *� :kt s Al C3 �t � �" 10/9/02 OWNER$27 90-157 Tax i ollector's Office Vllllam J.Pollacek 625 Court Street Contra a County Treasurer-Tax Collector Finance Building, Room 100 R.O.Box 631 ((��""``' Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX lax Operations Supervisor Cate: 10/9/2002 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract I NIS# Cq T.R.A. 90-157 CLAYTON 79244 Parcel#: 078-320-001-7 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 2002-2003tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1815 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to fling with the Clerk of the Board of Supervisors. WILLIAM J. POLLaCEK, Treasurer-Tax C lle r By: `ga a r � • O � r w e� Ali w" c. a w a tic ot Cn � w 3 e, 13 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 3, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 724 SUBJECT: Acceptance of Instrument for Grant Deed of Development Rights (Creek Structure Setback), for Minor Subdivision 157-90,being developed by Warren Turnage, Clayton area. {District III} IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 157-90 Judith Ann Mashore Clayton III Development Marchele Trost Turnage Rights (Creek Todd Trost Structure Setback) Derek Trost I hereby certify that this is a true and correct copy of an action JH:o v taken and entered on the minutes of the Board of Supervisors on G:\GrpData\EngSvc\BO\2002\12-03-02\MS 157-90 BO-27 Crk Struct Sethk.doc the date shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) DECEMBER 03, 2002 cc: Recorder(via Title Company)thin PW Records ATTESTED'' Current Planning,community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County Warren Tumage Administrator 534 Bro—tone Road Oakley,CA 94561 BY - - - ,Deputy RESOLUTION NO.2002/ 724 _ 141!24101 WED 08:47 FAX 923 313 2333 CCC PUBLIC Wt0RR5 Q002 Recorded at the request of; Const Costa County Pubic Works Mpartmrent lwnginecring Services Return to: Public Works Department Retards Section Area: Morgan Territory Read: Marsh Creek Road County Road No.:3971A Subdivision,MS157=90 APIC-078-320-001 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 14A5 of Subdivision MS157-90,we Judith Ann Mashore, Marchele Trost Turnage,Todd Trost and Derek Trust,(Owner),hereby grant to the County of Contra Costa, a political subdivision of the State of California. (Grantee) and its governmental successor or successors, the future development rights,as defu'ied herein below over a portion of that real property known as Parcels A,B, C, and D of Subdivision MS 157-90 situated in the County of. Contra Costa, State of California, and more particularly described in Exhibit A. Development rights are defined to mega, and refer to the rit to disapprove of any proposer[ construction,development or improvement within the areas marked "restricted development area." 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 owners of all or any portion of said property.In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prion or subsequent performance of such conditions as grantee may deem appropriate. The undersigned executed this instrument on January 2 '' 2001 Judith Ann Mashore, an unmarried woman, Marchele Trost Turnage, Todd Trost and Derek Trost as their interests may appear 05' Lg2; Judith Anri Mashore Marc ele Trost Turnage {sigaetwtt} �tr . `Todd Trost tsffna—) Derek Trost (See attached notary) G:KhpD9lCAdngSvcV'cugil2Cut Vicesunrylis7.41)DS.t,ckas subdivision MS 157-90 (Creek Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costs, Mata of Call fornia, described as follows: A portion of Parcels A, B, C, and D designated as "Restricted Development Area" shown on thet parcel map of Subdivision MS 157-90, on file at the Cout)ty Recorder's Office as follows: Date; Book. Mage. rrr {ir�il airUt 11wN�sit+safyuvmyji6Y.:►as?U.t.�,ss ##EW S7t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cali rnia ss. county of Onbefore me, A�gckA �s_}Nncy\1 tgx tVp't�C , Dafe yy Name and Tule of Officer(e.g.,"Jane Doe,Notary Publicic�- personally appearedII Name(s)of Signer(s) �&'proved to me on the basis of satisfactory evidence to be the person('* whose name(K is ', subscribed to the within instrument and acknowledged tome tat e KjtPr executed the same in his th 6iSS;Z0(,rt,*r zed ANGELA J. S7ANCHINA capacity ` and that by Camrrtisston 1267037 1 signature(Von the instrument the person or Notary publIC-Colifomio f the entity upon behalf of which the person! z Contra Costa County ( acted, executed the instrument. W comm.e0w Sun 11,20D4 ITNESS my hand and official seal. t Place Notary Seal Above S ature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Descr Ion of Attached Document Title or Typ f Document: Document Date: Number of Pages: Signer(s)Other Than Name ve: Capacity(les) Claimed by Signe Signer's Name: ❑ Individual Top of Thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1968 National Notary Association•9350 Do Som Ave.,P.O.Box 2402"Chatsworth,CA 81313.2402"www.natlomkxAM.org Prod.No.5807 Reorder:Call Toll-Free 141004MI-SW �::'��� ,,ice-C?•:''_�r�'�'- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of Calif rnia JJ ( I ss. County of On , before me, Date Name end Tit of Officer(e.g.,"Jane Doe,Notary Public") personally appeared `� L S�- Name(s)of Signer(e) 0 7Y> p 1 roved to me on the basis of satisfactory evidence to be the persor s whose name it2d) subscribed to the within instrument DIANA 1. CROSS acknowledged to me that he#aheA executed Comm.i 1162225 � the same in hfel`her/ authorized NOTARY PUBLIC-CALIFORNIA Ca aClt S , and that CHUB Costa County `" p y{ y -Ws/#ei/t ei My Comm. Expires Nov.21,2001 "� s6 the instrument the persora, or the entity upon behalf of which the person acted, executed the instrument. VI NIS my hand and official seal.a L.._ ., Place Notary Seel Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached 9ocument _p / Title or Type of Document: � j Document Date: J � 7 Number of Pages `��']'�,�..// rte, y ,! 1-2 t Signer(s)Other Than Named Above:_10d d-- l>��1 b4-d— k-C.& '4 14 . Capacity(les) Claimed by Signer Signer's Name: C1 Individual Top of thumb here ❑ Corporate Officer—Title(s): © Partner—[I Limited 0 General C1 Attorney in Fact ® Trustee 0 Guardian or Conservator CJ Other: Signer Is Representing: d 1999 National Notary Association•9350 De Soto Ave„P.O.Box 2402•Chatsworth,CA 91313.2402•www.netoonalnotary.org Prod No,5967 Reorder:Cali Toll-Free 1.. Attachment to Grant Deed of Development Rights STATE OF CALIFORNIA } } SS. COUNTY OF CONTRA COSTA } On Xuly 17, 2002_ , before me, the undersigned Notary Public, personally appeared JUDITH ANN -MASHORE _ 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. DAVID RANDALL FISCHER Notary Public u .° DAVIDRANDALLFISC HER COMM.012338M$4 NOTARI'PUM iC CALIfOR(1tA CONTRA COSTA COUNTY2-4 COMM.EXP.AtJt.3:, oci3 Cody THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote: AYES: SUPERVISORS UILKE A, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 725 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1124 (cross-reference SUB 7976) being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District M) The following document was presented for Board approval this date for RA 1124 (cross- reference SUB 7976), located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Bond Deposit Amount: $8,291.00 Deposit made by: Windemere BLC Land Company,LLC Auditor's Deposit Permit No. and Date: 391754, August 21, 2402 WL:cw I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2002\12-03-02\RA 1124 BO-tb.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact. warren Lai(3132408) Supervisors on the date shown. CC' Public Works- T.Ball,Construction Current Planning,Cormnunity Development ATTESTED: DECEMBER 03, 2002 T-June 2003 Windemere BLC Land Company,LLC JOHN SWEETEN,Clerk of the Board of Supervisors and 3130 Crow Canyon PI,#310 County Administrator San Ramon,CA 44583 Attn: Brian Olin St.Paul Fire and Marine Insurance Company 333 City Blvd.West 01100B L. _ ,Deputy Orange,CA 92868 y— ---` " Attn:Patricia H.Brebner RESOLUTION NO,20021 725 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1124 (cross-reference SUB 7976) being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley)area. (District III) DATE: September 10, 2002 PAGE 2 H. Surety Band Bond Company. St. Paul Fire and Marine Insurance Company Bond Number and Date: ST 2234,August 14, 2002 Performance Amount: $820,809.00 Labor&Materials Amount: $414,550.00 Principal: Windemere BLC Land Company,LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/725 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code §66462 and §66463) Subdivision: RA 1124(X-REF SU$7976) Effective Date: le, Subdivider: %V1,10e*4 611&-, L-LL Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shiu, Public Works Director BY:Lennar Homes of California,Inc., Managing Member (signature) _ A4 At� By. (print name&Title) Don rarlon,Vice President RECOMMENDED FOR APPROVAL: I By: (signature) ,= �AWAS-clet-al-1 Engineering Services vi ion (print name& ttie) ynn To FORM APPROVED: Victor J.Westman; County Counsel (NOTEAll signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called" un ,"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, signs, 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 and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 8.291.00 cash,plus additional security,in the amount of $ 820,809.00 _ which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pgyment: Security in the amount of$ 414.550.00 which is fifty percent(50%)of the estimated cost of the work, Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material-U'F workmanship and shall perform satisfactorily for a period of one-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 his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform 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 insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 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 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 said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,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 the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)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 the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(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 form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 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 any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the 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 agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or 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. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. •kw:lap G:%GrpbatMEngsvc\Forrns\AG wORDWG-30A.doc Rev.May 18,2001 X>1_elo CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of3 County of r sf On l before rr)eb '} 'rc: . 111 ► L � f s s ate Name and Title of Officer e.g.,"Jane Doe,l4otary Pubile) personally appeared __ o) ftt~ 1 Ct n �—yhil j—&C t) (n , Names)of ftner(s) $(Personally known to me—OR—❑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 4sAahelthey executed the ""'�i°�' same in h 1~thelr authorized capacity(ies),and that by DEBRA A.Si ERWOpn COMM,#1313582 Wsy'tw/their signature(s)on the instrument the person(s), NOTARY PUBLIC-CALIFORNIA l' or the entity upon behalf of which the person(s) acted, CONTRA COSTA,CO} NTY�? COMM.EXP.JULY 16,2005 executed the instrument. WITNESS my han d officials Signature of Notary Public OPTIONAL Though the information below is not required by late,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: El Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Tltle(s): ❑ Partner---❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Pact ❑ Attorney-in-Fact Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator M Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 Nationat Notary Association•8236 Rsmmat Ave.,P.O.Box 7194-Canoga Park,CA 91309.7184 Prod.No,5907 Reorder:Call Toll-Prse 14=-87&6827 f 6: , COUNTY OF CONTRA COSTA y - DEPOSIT PERMIT OFFICE OF COUNTY.AUDITOR-CONTROLLER 3 THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM « „ ORGANISATION NUMBER (f7ryadmtlor�} (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG ACCT. TASK OPTION ACTIVITY AMOUNT A >>:� i �- 19103101 T, z T Wql 3 �0 . C 66S , I EXPLANATION,,;, TOTAL $ v .. ,> y DEPOSIT r C 0 7 09"7,D Deposit consists of the following i ms ' 1 f 1 � d � try COIN and CURRENCY $ f l CHECKS,MO.,ET $ , BANK DEPOSIT $ k i,/ �~ —z LL „ ( �: r ., •. FOR AUDITOR-CO T OLLER USE ONLY 2Y YV Y ()_,,o C ) ) DEPOSIT PERMIT DP ( ( NUMBE DATE4 AUG f ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above ama t is hereby deposit into a County suey. acknowledged. Signe d �� �. ✓ Dated 41 / Signed: LSigned: Title: t , f EXT. Dep aurrty Audi Deputy County,Treasurer D-34REV..(7.93) 000649-9665 / 813000: 61093880, $114.684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093882, $,58.108.00, DA 0009/10 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: 61093884, $111,724.003, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093865, $6,291,00, RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093867, $1,000.00, SUB 8619 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093869, 12,170.00, RA 1133 Road Acceptance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093871, $1,000.00, SUB 8155 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093872, $1,000.00, SUB 8153 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093875, $1,000.00, SUB 8618 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093877, $2,000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite #200,Pleasanton,CA 94566 819800-0800: 61093879, i 000.00, SUB 8156 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093881, $14.273.00, RA 1123 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093883, $7,201.00, DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093885, $13,903.00, PA 0001 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000678-9191 / 818800: 61094084, $706,500,00, SPRW EBMUD Easement, Placer Title Company/Escrow Trust Account, 1981 N. Broadway, Ste, 100, Walnut Creek, CA 94576 000678-9191 / 818800: G1094085, $72,834.00, SPRW EBMUD Temporary Easement, East Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623 000649-9665 / 813000: 61093858, $500.00, RS 2695 Record of Survey Map Check Fee, Bud LaVerne .& Rosalia Simmons, 3859 Joan Avenue,Concord, CA 94521 000649-9665 / 813000: 61093859, $500.00, RS 2694 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526 000649-9665 / 813000: 61093860, $500.00, RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell, 92 Lucille Way, Orinda, CA 94563 000649-9665 / 813000: G1093861, $M.00, RS 2696 Record of Survey Map Check Fee, RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek, CA 94596 000649-9665 / 813000: G1093862, $500.00, RS 2697 Record of Survey Map Check Fee, Robert W. Randles& Ling Ling Li, 1 Chapparal Place, Orinda, CA 94563 000649-9665 / 813000: G1093864, $66.828.00, RA 1124 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093866, $5,000.00, SUB 8619 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093868, $13._365.00, RA 1133 Road Inspection Acceptance, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093870, J5,000.00, SUB 8155 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: G1093873, $5,000.00, SUB 8153 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093874, $5,000.00, SUB 8618 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: G1093876, $5,000.00, SUB 8156 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: G1093878, $11.478.00, SUB 8262 Inspection Fee Deposit, Sherman Ranch LLC, 4456 Black Avenue, Suite#200, Pleasanton,CA 94566 Subdivision: RA. 112J (X-REF,SI_M 7976) )goad No.; Q-2234 Premium: $2,052.00 P'ROVEMENT SECUSaTY BOt`M FOIL PuauC RIGnT of WAS'LA"SCAPI:AG.BF.EIUNT (Performance,Guarantee,and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL. Of SVBDI'VISION AG f!MF.NT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping,and other related improvements in Subdivision RA1124 (X-REF SU13 7976) as specified in the Subdivision Agreement (flight of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), 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. 2. OliUCATION: Wlaademere BLC Land Company, LLC. as Principal, and St._Paul Fire and Marine Insurance Company ,a corporation organized existing under the laws of the State of Minnesota , and authorizer) to transact surety business in California, as Surety,hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. Performauce and Guarantee: Eight Hundred Twenty Thousand Eight Hundred Nine LtoUa4rs (5820,809) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment.- Four Hundred Fourteea Thousand Five Hundred Fifty DoUars(5414,550)to secure the claims to which reference is made in Title XV (commencing, with Section 3082) of Part 4 of Division IN of the Civil Code of the State of California. 3. CONDLIJON: 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 is or its part,to be kept and performed at the time 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 Centra 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 part of the obligation secured hereby and in addition to the face amount specified therefore,here shall be included costs And reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any jadgement rendered. B. The condition of this obligation as to Section 3.(13) above is such that said Principal and the undersigned as corporate surety are held #intly bound unto the County of Contra Costa and all contractors,subcoruractors,laborers,material men and other persons employed in the performance of the aforesaid 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 Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the Amount herein above set forth, and also in case suit is brought upon this bound, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable anorucys fees, incurred by County(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 judgement 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 Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to Therm or their assigns in any suit brought upon this band. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. NO alteration of said subdivision Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve:any Surety from liability on this bond;and consent is hereby given to,make:such alteration without further notice:to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever toren. §IMD AND SEALER on August 14, 2002 WINDEMERE BLC LAND COMPANY, LLC By: LENNAR HOMES OF CALIFORNIA, INC. ST. PAUL FIRE AND MARINE PR WCIPAL-. its manager SII. TY.- INSURANCE COMPANY Address; 3130 Crow Canyon, Suite 300 Address: 333 City Blvd. West #1100 City: San Raman ip: 94583 City: Orangq, CA Zi-DL 92868 Fay: BY. Print Name: Lawrence H. rnQm2son Print Name:: Patricia H. Brebner Title: Vico President Title: Attorney--in-Fact WL.Cw G.1(,,Ypj}�p{F.�yyyC1W{lSrp13UU2\Aug11SAStT9 Y133 fSl�-l2A.Coe CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 15, 2002 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, personally known to me 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. ' .. Apr 1421OD4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. ST2234 Number of Pages: Two (2) Date of Document: August 14, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907 State of California County of Orange On August 14, 2002 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" } personally appeared Patricia H.Brebner , NAME(S)OF SIGNERS) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS H.BRYAN commission#1306736 WITNESS my hand and official seal. Notary Public-+California , z orange County my Comm.Expires Jun 1,20115 , SIGNATURE QF NOTARY OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHER€ OCUMENT [] INDIVIDUAL ® CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) [] PARTNER(S) LIMITED © GENERAL ATTORNEY-IN-FACT TRUSTEE(S) F1 'GUARDIAN/CONSERVATOR NUMBER OF PAGES ® OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(LES) SIGNER(S)OTHER,THAN NAMED ABOVE S-4087JGEEF 2183 01693 NATIONAL.NOTARY ASSOCIATION-8236 Remmat Ave.,P.O.Box 7184•Canoga Palk,CA 91309-7184 4 �, �' POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 22775 Certificate No. 1401293 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa ,State California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October ,2001 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company SWFIY yeas air P°`,,µ Iss49 Jp"i�«.v`uay�P .,c�tY't'� Y M j011P�11�)� Wfeooroaert.',n Qa"' PETER tii!CARMAN,Vice President Ei fry ` y,tSEAL�a° 3b�8'h�a*"$ 731 �'`�OFM£N y+�K�H�c n jd?s':xN� ap.........�' AtN 1'� f •6 ' State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 4th day of October 2001 before me,the undersigned officer, personally appeared Peter W Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. No YA In Witness Whereof,I hereunto set my hand and official seal. UgL OP r My Commission expires the Ist day of July,2006. AA REBECCA EASLEY-ONOKALA,Notary Public 9�CiYV 96203 Rev.7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and, in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Pact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibrcgtse,Assistant Secretary of Seaboard Surety Company, St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 14th day of August 2002 5�E7Y flF 6� Q\FM..�.MSyj9 JaY,INBUg9,', }pY'-YJ * y9 F4 0NiCR„Yf�'�, W%CPkiOkAtr:dry �°'I tlFrvEW s�e„uccc 1S.AM.++a rq .�,.... Apf T Nomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached.