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MINUTES - 12022003 - C21-C25
L THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 714 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7609,being developed by John D. Curtis,Martinez area. {District II} The following documents were presented for Board approval this date: I. Map The final map of Subdivision 7609, property located in the Martinez area, Supervisorial District II, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with John D. Curtis, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) On the date shown. Contact: Chris Lau(313-2293) CL:nn 0:\43rpData\EngSvc\BO\2003\12-02-03\5D 7609 BO-21.doc cc: Public Works—T.Bell,Construction DER Current Planning,Community Development ATTESTED: 5 2003 nil.cis 2004 John JOHN SWEETEN,Clerk of the Board of Supervisors and 1235 Escobar Street County Administrator Martinez,CA 94553 Developers Surety and Indemnity Company Sandy Black P.O.Box 19725 Irvine,CA 92623 By ,Deputy RESOLUTION NO.2003/ 714 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7609, being developed by John D. Curtis, Martinez area. (District H) DATE: December 2, 2003 PAGE: 2 A. Cash Bond Performance amount: $14,700.00 Auditor's Deposit Permit No. 414721 Date: November 12, 2003 Submitted by: John D. Curtis Tax ID Number: 565-68-9971 B. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 5657525 Date: November 7, 2003 Performance Amount: $1,453,300.00 Labor&Materials Amount: $734,000.00 Principal: John D. Curtis III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that',the 2003-2004 tax lien has been paid in full and the supplemental tax lien is estimated to be $0.00. 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 final 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 subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/714 } jag MR Y wit � fix uiY of . OIN3WVWJVS�� ��. MAN cr H1 ' z co Hui- V916 a' '�-`•� hry"6 ���K� � Ltd' w�t CMZ 20 nag 69 2 45� o V W WW J �"` �"�` 2y�iJ Mg W g � VK � ! 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N" q�" F.tf t� •�.nl r�ey h w, �w ��y" {+pY��• Md iU W 6 Q yi (,Z_ < :I:I +ri ", M r: +ti a3 r w 0aS vi w s1 ( �fwVi Ad1Jt Y wN N h o. •�'?LWtJ a WW 4A T 4.2 wis Y qL� m r a : a Iu a � laty �#. s► ► r tt} till-, r as wH Yw� yy p p Y an M t'! *9i �i+f Y 'M ♦ t Y91 Y]J� a d � J V J J J J d J r r'J d a J J r J J a J J d Jr d i m! is dN I in Alt CO AD IA < M (27D kF y jl.t it e rt in yyy�yF t4 .{ 'f y Cil 1 1 tf / i •� w N � COO ,vy'A rte, ,t ��,��A. � Lar t� '`may \ + rr�r poi zAamm , 11 Lai LLI ILI: OR 1 7� h .BpEgr ��w v � ti i1it < c � LAI It t i ��y w ie Lar Lar 1 n;.SL..gip: s SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: Sub 7609 Principal: John D• Curtis, a a=ngle ma• Effective Date: ' b�— Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director By: (signature) _ .. RECOMMENDED FOR APPROVAL (Pint tame&ttlC) °'�-----`J'John D. Curtis, Owner & a single maw By: (Signature) gin ervices Division (Print name&title) O APPRO Li: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal 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). Principal 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 mariner equal or superior to the requirements of the County Ordinance Code and rulings trade 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, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee.- $14,700-00 cash,plus additional security,in the amount:$1,453,300»JO which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form o£ Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal 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 Payment: Security in the amount: s734,:00.00 ,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, Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,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. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's 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. Principal 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal 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,Principal shall make whatever changes necessary to the plans 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof, 8. INDEMNITY: Principal shall hold hamlless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's 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 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 Principal,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: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal 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 Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain�the'work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in therevent County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal 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,except as provided in this paragraph,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 Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL MIad G:%OrpDatalEngSvc\Fomav\AG wORDAG-30.doc Rev. October 2i,2001 _............................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMEENT State of 3 OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ore me, Though statute does not require the Notary to till In DATE TrnZ OF OFFICER Efil.,"JANE NOTARY PUBLIC the data below,doing so may prove Invaluable to personalty appear lbhri . persons relying on the document. NAnts(s)o toms.(s) 0 INDIVIDUAL 0 personalty known to me-ORA�7proved to me on the basis of satisfactory evidence to Q CORPORATE OFFICER(S) be the person)o whose nsm f is/ase Ttztt?(s> Subscribed to the within instrument and acknowledged to me that hels y executed 0 PARTNER(S) 0 LIMITED the same in his/h*04tok authorized C GENERAL MOM capactty(f4oand instrument entttsttlteir 0 ATTORNEY-IN-FACT' signature( an the tnstrurnentthe person}or C TRUSTEE(S) the entity entity upon behalf of which the perso*) C GUARDIANICONSERVATOR CCI' a C, � acted,executed the instrument. C OTHER:WITNESS my hand a off 'al sea> SIGNER IS REPRESENTING: I NM a OF PERSON($)OR ENTrrY(tFS)) S NA F TA Y OPTIONAL SECTION r «. THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document 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)tither Than Named Above re-attachment of this form IN51 IACTto s 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. FFR ALL SIGNATURES - The dame and interest of the signer should be typed or printed BE ATH the signature. The name must be signedexactly as it is typed or printed. II. IGNA'IUI R INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be state III. SIGN4T1= FOR PAR I*N S 'S - Signing party must be either a general partner or be authorized in writing to have the authority to sign or an Iia partnership. Ill. SIGN-Documentsshould ntould beCORPORATIONS slgne yy tw two o kers,one from each of the following two groups. GROUP 1. Na* Chair of the Board b)The President c Any Vice-President GROUP 2. ary The Secreta b 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." JQrdw 11PWS4%S tARDATA`hrD0 lEnySv"0MW%WORD FORWhALt.PURPOSE NOTARYA04 COUNTY 00 CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER � MARTINEZ,CALIFORNIA ` TO THE TREASURER: RECEIVED FROM f" ORGANIZATION NUMBER' ' c•-'' tmtan) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT $ # 51 %60 6z e 21D Y r�-75 AD 51 eo, _ C { rC` t 'f _ter - f� X15 y( E PLANATION: , } r> / TOTAL $ } # f r ' f_. f 2 — DEPOSIT *6'/J _ Deposit consists of the o owing items �� L 7 ,' f COIN and CURRENCY $ r CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 414721 N , '+ . ASSIGNED The amount of money described above is for Treas receipt of ovs aunt is approved. Receipt of above amount is hereby deposit into the County Treasury /�s acknowledged. s Bate ' � Signed: Sued: '"" ,c'•cr .,. Till j -wC (r EXT. ' 2 3 Deputy County Auditor Deputy i1tourity Treasurer D-34 REV.(7-93). COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED fROM ORGANIZATION NUMBER II (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG SUB ACS TASK OPTION ACTIVITY AMOUNT J} $ 1 ! l �0i C I � 111111 111 [ ItI .11 kit fill tiIIIIIIIIIIiIIIIII III I i i f i i i t 1 EXPLANATION. TOTAL $ ` DEPOSIT Deposit consists of the following items COIN and CURRENCY $_ CHECKS,M.O.,ETC. $ BANK DEPOSITS $` FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT [) ► NUMBER DATE � t ? ASSIGNED The amount of money described above is for Tress Of of ve t is ved. Receipt of above amount is hereby ,deposit into the County Treasury. acknowledged. ? C � !! } Si` C( t.k Date 1 �j Signed: Signed: Tiff .J. E7CT. `I Deputy County Auditor Deput aunty Treasurer D-34 REV.I7-93) 0649.9665 / 83 1000: G1122309, $13575.00,MS 02-15, Map Check Fee, Phillip A. & Leri L.Wolfe, Co-Trst A/L L Wolfe Trust, 6000 Johnston Rd. Pleasanton, CA 94588- 9595 0649-9665 / 831000: GI 122311, Shapell Industries of North California, PO Box 361169, Milpitas, CA 95035 $10,000.00, DA 0030,Drainage Acceptance Review $10,000.00, DA 0031,Drainage Acceptance Review 0649-9655 /8.31000: G1122312, $3043095.38,RA 1145,Road Acceptance Inspection Deposit, Shea Humes, 2580 Shea Center Drive, Livermore, CA 94550 0649-9665 / 831000: GI 122313, $230,355.66, Sub 7562, Major Sub Inspection Deposit, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 0649-9665 /831000: G1122315, $35,333.00,Sub 7609,Major Sub Inspection Deposit, John D. Curtis, 1235 EscobarSt. Martinez, CA 94553 0649-9665 / 831000: G1122316, $1,000.00, DP3048-00, COA Compliance Check,No Improvement plans, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-08010: GI 122312, $74,200.00,RA 1145, Performance Cash Band, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: G 1122313, $53,900.00, Sub 7562, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010;G1122314, $1,540.00, Sub7562,Performance Cash Bond, Shea Homes, 2580 Shea Center:Drive, Livermore, CA 94550 819800-08010: G1122315, $14,700.00,Sub>7609Performance Cash Bund,John D. Curtis, 1235 Escobar St.,Martinez,CA 94553 0682-9752/ 819200: G1122313,Sub7562, Shea Homes, 2580 Shea Center give, Livermore, CA 94550 $3,450.00, COA84AT SR4, Cypress Road Intersection Improvements $91,080.0 , COA84AZ, Laurel Road Corridor Fee $463920.00, COA 84AZ, Byron hwy 0682-9752 / 819200: GI 122315, $43,778.00, Sub 7609, COA27H Reliz Valley Rd Corridor Fee, John D. Curtis, 1235 Escobar St.,Martinez, CA 94553 0683-9752 /819300: G1122313, $10,000.02,Sub 7562, COA 84AU, Oakley/N. Brentwood AOB Shea Hames, 2580 Shea Center Drive, Livermore, CA 94550 828900-0800: G1122180, $2,290,00, ECCTIA Traffic Fees, Radder& Carol Von Uhiit, 48560 Ursa Dr. Fremont, CA 94539 828900-0800: G1122181 $2,290.00, ECCTIA Traffic Fees, Delfino Laga 80 Loftus Rd. Pittsburg, CA 94565 0648-9140/ 812100: G1122315,$18,707.50 Drainage Deficency/Mitigation,Alhambra Creel, John D. Curtis, 12.35 Escobar St. Martinez, CA 94553 Subdivision: Sub 7609 Bond No.. 5¢57525 Premium $29,065.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.10) 1. RECITAL OF SUBDIVISION AGREEMEN : The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 7609 , as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision., 2. OBLIGATION: John D. Curtia. a olngie man as principal and a corporation organized and existing under the laws of the State of Iowa and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Centra Costa, California to pay as follows. Gni: million four hundred fifty-three thou- A. Performance and Guarantee: sand three hundred and no/100------------- Dollars($ 1,15-3,100-00 ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Sevem hundred thirty-four--fou.r thousand and ria lQ0____--- Dollars ($ 734,000 )to secure the claims to which reference is made in Title XV (commencing with Section 3052) of Part 4 of .Division III of the Civil Cade of the State of California. 3. CttII7[ Oi+t: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's 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 it or its part, to be kept and performed at the time and in the manner therein specified'and iti all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers, agents and employees, as therein stipulated,them 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,there shall be included reasonable costs, expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or tabor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, all 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'l'5 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions 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 of Contra Costa(or city assignee)shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without f u-ther notice to or consent by the 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 the principal whenever taken. SIGNED ANTI:SEALED on NoveiTber 7 2003 PRINCIPAL: John D. Curt i B, a single man SURETY: Developers Surety and Indemnity Company Address: 1235 Escobar Street Address: p•0• Box 19725 City: Iitartine7, CA Zip: 94553+1208 City: I 7 , r r, 139: ° � By: .Print Name:`�"� John D• Curtis, asingle man Print N _,, d�' I. c .._. Title: Owner Title: Atto -Fact 3D-.MWA&p GAGspDut"ngsvc\Fomwa 9N WORMBN-12.doc Rev.November 28,2000 A . The Insco Rico Group -- DISCLOSURE SER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect,if any,the Act will have on the premium charged for this bond., Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond,or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fite Irvine,CA 92614 (949)263 3340 www.inscodleo.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of t j� OPTIONAL SECTION County of O a [_ CAPACITY CLAIMED BY SIGNER trs��. me, ,rtL. Though statute does not require the Notary to fill in O' AME.TrrL8 0F O"ICER V40.,"JANE DO TARP PUBLIC" the data below,doing so may prove invaluable to --�°- persona relying on the document. personally appearedt.,1�?h Ift �.l�r-�'-�, NAME(s)as SIMMR(s) Q INDIVIDUAL. Q personally known to me-OR roved to me on the basis of satisfactory evidence to G CORPORATE OFFICER(S) be the personoWwhose name*is/a;*, TIT= subscribed to the within instrument and acknowledged to me that he/s*W*t*)6#xecuted Q PARTNER(S) Q LIMITED the same in his/haAW4 authorized �+ti#kMah Ia 1 Ilf cap and that by hishuar�4hriz Q GENERAL Q ATTORNEY-IN-PACT signature n the instrument the person( or Q TRUSTEES) Ct�4 � the entity upon behalf tr which the person{ Q GUARDLgN/CONSERVATOR � acted,executed the instrument. Q OTHER: y =:by SIGNER IS REPR.ESENTENG: WITNESS m ha a (NAME OP PERSON($)OR ENT ITYMS)i ATL3itE 0B N OPTIONAL.SECTION THIS CERTIFICATE MUST BE ATTACHED Title ort Document,.I"r"iLJr 1a Y L� Gt'l t_4'2, 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 INMUC TIQNS TQ 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 SIQZjA.11;IR _ -The name and interest of the signer should be typed or printed BENEATH the signaturt, The names signed exactly as it is typed or printed. 11, SIGNA nM5 FOR INDIVIDUALS_-The name must be signed exactly as it is printed or used. The signer's interest in the property must be stat. III. SjgjLA_TLTM FOR PAI2TN S - Si ming party must be either a general partner or be authorized in writing to have the authority to sign for an in the partnership. IV. SIGNA"I:M F�QRC� RATIONS, Documents should a signed by two officers,one from each of the following two groups: GROUP 1. Hai, The Chair of the Board 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 sufte. 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:mw UPWSa1STLtt6sn,ATA1�DWA+ ERSSrc\Pam\WORD FORM%AU PURPOSE NOTARY.&& STATE OF CALIFORNIA COUNTY OF SACRAMENTO SS. On November 7, 2003 before me, ERIN RUSSELL,NOTARY PUBLIC PERSONALLY APPEARED SANDY BLACK personally known to the(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 helshelthey executed the sane in hislherltheir authorized capacity(ies),and that by hi&*erhheir signature(s)on the instrument the person(s),or the entity upon behalf W0 . RIN SS FORNIA of which the persons)acted,executed the instrument. RY p{7g11Aiis RAMENTO COUNTY 0 WITNESS my hand and official seal. M.EXP.SEPT. 1$,3{07-� Signature This area,for Oficial Notarial Seal 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 ATTACHED DOCUMENT INDIVIDUAL D CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITi,E{Sj ❑ PARTNER(S) LIMITED D GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EtMTYjWS) INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT POWER OFATTORNEYF'OR C` `�- DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY Of CALIFORNIA PO BOX 19725,IRVINE,CA 92623 s(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally.but not jointly,hereby make.constitute and appoint: -*SHARON J. RUSCONI, SANDY BLACK, JOINTLY OR SEVERALLY*** as the true and lawful Attorney(s)-in-Fact,to make,execute,dclivcr and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority to do and to perfomi every act necessary, rcquisitc or proper to be done in connection therewith as each of said corporations could do,but rescrving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomcy(s)-in-Fact,pursuant to these presents,arc 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 Dl:rcctors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,21000: P.ESOLV"D.that the Chairman of tic Board,the President and any,Vice Prasidcnt of the corporation bc,and that,each of then:hereby is,authorized to cxccutc Powers of Attorney,qualifying the attorncyt,$)named in the Powers ofAttomey to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship:and that the Secretary or any Assistant Secretary of the corporations bc,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificatc relating thereto by facsimile,andany such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation 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 Executive Vice President and attested by their respective Secretary this V,day of November,2000. Bv' David H,Rhodes,Executive Vice President e Q�,• N O� °• �O 70 �, } uta SEAL � �•• 1 T, rn OtvT.5 ma Z Br+:WaltcrA.Crowell, Secretary ��e jC}YVP 'rte r `ILtFO��� rr;r*'trrrprrr�+rtsr'r�i��`` STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ; On November 8,2000,before me,Diane 1.Kawam,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(ot•proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledecd to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument WITNESS my hand and official seal. t7I mwNE 40 1672MA Cr SMhd tt�Y619'W to +D SGS CO Jb71YGALlRSNtYtA Signature — my Cemm.IdwAm IL 2tIt12 CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA., does hcrcbv certify that tic foregoing Power of Attorney remains in full Force and has not been revolved,and furthcrmore.that tic provisions of tho resolutions of the respective Boards of Directors of said corporations sot forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,the 71;x'1 day of NOVE?Ttber 2003 By David G.Lane,Chief Operating Officer €D-!380(i 11O0) __ VOID AP1` R 1011x103 FINANCIAL$21 7609 Tax Collector's Office lliann J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.0, Box 631 (�` Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX "I Tax Operations Supervisor Date: 10/14/2093 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTERI5 VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract l MS# Cid T.R.A. 7609 MARTINEZ 76004 Marcel#: 367-140-001-2 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 2003-20034 tax lien has been paid in full. Our estimate of the supplemental tax lien is . $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Band, the original principal to calculate a segregation is Subdivision bored must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treas axVoll or By. .................... ........ Recorded at the request of: Contra Costa County Board of Supervisors Return to, Public Works Department Engineering Set-vices Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 2, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UIIKEMA, GREENBERG, GLOVER AND DESAUINIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION N 0. 20031 715 SUBJECT: Acceptance of Grant Deed of Development Rights(Creek Structure Setback)for Subdivision 7609, being developed by John D. Curtis, a single man,Martinez area. (District 11) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: TOR: AREA: DISTRICT: Grant Deed of Subdivision 7609 John D. Curtis, Martinez II Development Rights a single man (Creek Structure Setback) 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 shown. CL:nn G.GrpData\ErigSvei 3(Y,2003%12-G2-03'SD 7609 BO-27-2.doc Originator: Public Works(ES) ATTESTED:_ -DECEMBER 02� 2003 Contact;Cbris Lau(313-2293) JOHN SWEETEN, Clerk of the Board of Supervisors and Recording to be completed by Title Company County Administrator CC: Current Planning,Community Development John D.Curtis 1235 Escobar Street Martinez,CA 94553 By -Deputy RESOLUTION NO.2003/. 715 RECORDED AT THE REQUEST OF: � Contra Costa County Public Works Department Engineering Services RETURN TO: I Public Works Department Records Section C AREA: Martinez SUBDIVISION: SD 7609 APN: 367-140-001 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval No. 27G of Subdivision 7609, 1, John D. Curtis, a single man, (Owner) hereby grants 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 Lots 5, 6 and 7 of Subdivision 7609 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." 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. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee, or successor, herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor, shall have sixty (60) days from receipt of such proposal in which to !grant approval or disapproval. Failure by Grantee, or successor, to respond in said time period shall be equivalent to the approval of such proposal The undersigned executed this instrument on 0 t.6V1--1 X17, 1;Z003 (Date). John D. Curtis, a single man BY: �^ J hn D. urtis,Owner (See attached notary) Subdivision: 7649 Restricted Development Area(Creek Structure Setback) EXHIBIT"A" All that real property situated in the County of Contra Costa, State of California., described as follows: A portion of Lots 5, 6 and 7 designated as "Restricted Development Area (Creek Structure Setback)", shown on the final map of Subdivision 7609, on file at the County recorder's Office as follows: Date: Book: Page: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of C k -j OPTIONAL SECTION County of C 0 in t7 t, q c//-~,.,- S 1` CAPACITY CLAIMED BY SIGNER On ,before me, ! wi �P s✓ {!-S 0 f't Though statute does not require the Notary to CII in DA NAME,TITLE O€OFFI ER E G "JANE DOE,NOTARY PUBLIC" the data below,doing so may prove Invaluable to persons retying on the document. personally appeared ;.1 d ffi C� t Y'7�1 % NAME(S)OF SIGNER(S) C INDIVIDUAL personally known tome-OR-proved tome on the basis of satisfactory evidence to C CORPORATE OFFICERS) be the person{,)whose named)is/ate TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/the+executed d PARTNER(S) D LIMITED the same in his/W/thedauthorized capacity(I ),and that by his/Wltliellr 0 GENERAL PAMCC Ln K. NELSON C ATTORNEY-IN"-FACT signatureo)on the instrument the persons)or L Urrm ,# 1273171 rp the entity upon behalf of which the person{ FJ TRUSTEES) <1 r.!(TAgY MPUC-CAUFORWA ul acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR Cilm County '"' O OTHER: <; t ,ires Aug.6,2004 .a SS my ban ffici t """ " SIGNER IS REPRESENTING: / t 1 NAME OF PERSON(5)OR ENTITY(IES)) -SIGNATURE Of NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document 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. L FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must&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 - sign for and bind a partners ip th . IV. SIGNATURES FOR CORPORATIONS Documents sho,513 Fx signed y two o tcers,one from each of the following two groups: GROUP 1. �a�The Chair of the Board bThe President cAny 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." JC:MW G:NGspDat2\EnSSvc\Forn*iwORD FORMS\ALL PURPOSE NOTARY.doc RtvAvgun t,2001 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 2, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 716 SUBJECT: Acceptance of Grant of Easement for Sight Line Purposes for Subdivision 7609,being developed by John D. Curtis, a single man,Martinez area. (District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant of Easement Subdivision 7609 Henry Stanley Bailey Martinez II for Sight Line Purposes 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 CL:nu on the date shown. G:\GrpData\EngSvc\BO\2003\12-02-03\SD 7609 BO-27-3.doc Originator: Public Works(ES) Contact:Chris Lau(313-2293) ATTESTED: DECEMBER 02, 2003 Recording to be Completed by Title Company JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Current Planning,Community Development County Administrator Henry Stanley Bailey 5244 Alhambra valley Road Martinez,CA 94553 By ,Deputy RESOLUTION NO.2003/ 716 ............................ ....... ................ A RECORDED AT THE REQUEST OF: RETURN TO: Area: Unincorporated Contra Costa County APN: 367-150-001 SIGHT LINE EASEMENT Henry Stanley Bailey grants to THE COUNTY OF CONTRA COSTA CALIFORNIA A Sight Line Easement for the purpose of providing a clear line of sight so that motorists turning from Creekside Oaks Drive on to Alhambra Valley Road can safely view oncoming traffic from the west. The terms of this easement, which shall run with the land, are: • Fences or other structures shall not be constructed on this easement. • No plants expected to grow more than 3 feet tall shall be planted on the easement. • Public agencies shall be permitted access upon this easement for the purpose of maintaining a clear line of sight, and the trimming of vegetation including pruning of overhanging tree branches. The Sight Line Easement runs over a portion of real property identified as Assessor's Parcel Number 367-150-001 located at the northwest intersection of Creekside Oaks Drive and Alhambra Valley Road in unincorporated Contra Costa County, California. The Sight Line Easement is shown on the attached drawing labeled Exhibit A. The portion of the above property subject to this Sight Line Easement is described in "Exhibit B". The undersigned executed this instrument on , 2003 Henry Stanley Bailey, (Sipature) (See attached notarization) ............ ............. KENNETH AND SHARON JORDAN, TRUSTEES 12507 OR 79 ,, ss ' N70*49'45"E 191.06' 50 25 0 54 1003 150 SCALE IN FEET CUR-rl HENRY STANLEY BAILEY AND RUBY BAILEY 200D-47890 M7 OR 343 50.67' � �' N66 28'31?" N17'44'09"W co 4.35' N7123 43 E 511.42 � SIGHT DISTANCE EASEMENT P.O.B. 110 SQUARE FEET L�1 DETAIL — SCALE: 1"-20' 0 jD KENNETH AND SHARON . ILI JORDAN, TRUSTEES 1 2507 OR 791 � 6!310 L�1["a �W'T�N T Of N7123'360E 274.13' ALHAL4EM VALl.EY FJOAD SIGHT DISTANCE EASEMENT EXHIBIT "A" SEE DETAIL ABOVE LEFT f__ �► Subject SIGHT DISTANCE EASEMENT � f'LA1�#NER5 1390 SOUTH ��N MEET CIVIL ENGINEERS w LNUT CREEK, CA. 94596 Job No. 202013.0 Scc�le 1 =5 SURVEYORS (925) 476-230I BDateDate �T 213(}3 Chltd..�.�. � �1 fAX (925} 476-2350 By PE�"�"�'""""" SHEET OF 1 I PX;NG: Y:\2020313 7URT ESMT_SiGHTDIST DATE: 10-08-42003 XREFS: MSTRSITE, 784OR210 E)MBIT"B" LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN CONTRA COSTA COUNTY,CALIFORNIA,BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED BY PIERINA BARLETTANI AND ANTHONY J.BARLETTANI TO HENRY STANLEY BAILEY AND RUBY BAILEY AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED ON FEBRUARY 1, 1977 IN BOOK 8187 AT PAGE 343, CONTRA COSTA COUNTY RECORDS,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERN CORNER OF SAID BAILEY PARCEL(8187 OR 343), THENCE ALONG THE SOUTHERN BOUNDARY OF SAID BAILEY PARCEL,ALONG THE NORTHWESTERN LINE OF ALHAMBRA VALLEY ROAD,SOUTH 71-23'43"WEST(SOUTH 69°31'WEST PER 8187 OR 343)50.42 FEET;THENCE LEAVING SAID SOUTHERN BOUNDARY NORTH 66*28'30" EAST 50.67 FEET TO A POINT ON THE EASTERN BOUNDARY OF SAID BAILEY PARCEL;THENCE ALONG SAID EASTERN BOUNDARY SOUTH 17-44'09"EAST(SOUTH 19-52' EAST PER 8 187 OR 343) 4.35 FEET TO THE POINT OF BEGINNING. CONTAINING 110 SQUARE FEET,MORE OR LESS. UADocument Files\20200-1202013.0\2—Engineering&Surveying\Legal DescriptionTsmt—SightDist-doc 10/8/03 CALIFORNIA ALL,-PURPOSE ACKNOWLEDGEMENT State of •Q/ r''"/_Q OPTIONAL SECTION County of a CCAPACITY CLAIMED BY SIGNER On jQ before rue, C,� Though statute does not require the Notary to rill in bA NAME,TrrLE OF OFFICER ANE DOE,NOTARY PUBLIC' the data below,doing so may drove Invaluable to persons relying on the document. personally appeared xA>WtE(S)OF sl (S) INDIVIDUAL personally known to me-OR proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)istare TITLE(S) subscribed to the within instrument and off,MEL H K. NELSON acknowledged to me that he/shethey executed 0 PARTNER(S) 11 LIMITED _ '273171the same in hislherMeir-authorized grr,n. g El GENERAL Bt capacity(ies),and that by hist 0 ATTORNEY-TN-FACT vb s f �, signature(s)on the instrument the person(s)or Costa County O TRUSTEE(S) gar c n E oites Aug.S.2t)0� rt the entity upon behalf of which the person(s) ' „�,,,,( acted,executed the instrument. 0 GUARDIAN/CONSERVATOR 0 OTI4ER: SS my hand d official seal, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)l SIGNATURE of oT Y OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document 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 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. 11. 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. IM 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 a signed y two o kers,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 b An Assistant Secretaryry 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." 3C:m r1\C"Data\EngSvc\FornuIWORD FORMSIALL PURPOSE NOTARY.doc Rev.Aogust 1,2001 el g'r Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 2, 2003,by the following vete: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/1 717 SUBJECT: Acceptance of Grant Deed of Development Rights(Scenic Easement) for Subdivision 7509,being developed by John D. Curtis, a single man,Martinez area. (District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed.of Subdivision 7609 John D. Curtis, Martinez II Development Rights a single man (Scenic Easement) 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 shown. CL:rm G;\GrpDatatEngSveaa,22003\I2-02-03\,SD 7609 B0-27.doc Originator: Public Works(ES) ATTESTED: DEC 02, 2003 Contact-Chris Lau(313-2293) Recording to be completed by Title Company JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Current Planning,Comn=ity Development County Administrator John D.Curtis 1235 Escobar Street Martinez,CA 94553 By ,Deputy RESOLUTION NO.2003/. 717 RECORDER AT THE REQUEST OF: Contra Costa County Public Works Depatfxnent Engineering Services ( RETURN TO: Public Works Department Records Section ( AREA:Martinez SUBDIVISION: SD 7609 APN: 367-140-001 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet condition of approval No. 2=of Subdivision 7609, I, John D. Curtis, a single man, (Owner) hereby grants 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 Lots I through 7 of Subdivision 7609 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." 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. Any owner or owners of all or any portion of said property desiring to developany improvement requiring the approval of Grantee, or successor, herein shall submit to such entity a written proposal describing,the nature, extent and location of such improvement. Grantee, or successor, shall have sixty (60) days from receipt of such proposal in which to grant approval or disapproval. Failure by Grantee, or successor, to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on Jv 91-7 !ZOO-5 truce). .Toho D. Curtis, a single man 3tr n ll. nrtfs,owner (See attached notary) Subdivision: 7609 Restricted Development Area(Scenic Easement) EXHIBIT"A" follows:All that real property situated in the County of Centra. Costa, State of California, described as A portion of Lots I through 7 designated as "Restricted Development Area (Scenic Easement)", shown on the final map of Subdivision 7609, on file at the County Recorder's Office as follows: Date: Book. Page. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of _ i `tom sr7 1�' Y 1 i C OPTIONAL SECTION Co=AT CAPACI'T'Y CLAIMED BY SIGNER Onbefore me, /'3 3 09- I c'd J I e (-S 0 h Though statute does not require the Notary to fill:in NAME,TITLE OF OFFICER E.G,";ANE DOE,NOTARYPUBLIC" the data below,doing so may prove invaluable to personally appeared c 1 Lt! Pl YY (Z 11 Yt+1,s persons relying on the document. NANE(S)OF SIGNER(S) D INDIVIDUAL personally known to me-OR-0 proved tome on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the personSv)whose name(s)Walt TITLE(s) subscribed to the within instrument#nd acknowledged to me that he/sX/thdy executed 0 PARTNER(S) ❑ LIMITED the same in his/W/thCTr authorized a GENERAL �*� capacity(i ),and that by hisA)&/tWi, PAMFLA K. NELSON signaturc on the instrument the person(d)or ❑ ATTORNEY-ITV-FACT �* +n in. b"1273171 ttt�t the entity upon behalf of which the person{g) 11 TRUSTEE(S) r : W Ar:RUBUC-CALIFORNIA V/ acted,executed the instrument. 11 GUARDIAN/CONSERVATOR J n Casty county rJ OTHER: r,, Expires Aug.6.2004 '� S my hand an fficiai se l -, �� SIGNER IS REPRESENTING: 1 NAME OF PERSON(S)OR ENTITY(IES)1 SIC. 'RE OF NOTARY ' OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document 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 ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must 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 e authority to sign for andbind the partnership. IV. SIGNATURES FOR CORPORATIONS 7ocuments should be signed by two officers,one from each of the following two groups: GROUP I. �c) a))The Chair of the Board b)The President AnyVice-President CROUP 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." IC MW G.\GrpDatatEng5v6ForTm%WORD FORMSIALL PURPOSE NOTARY.doc Rev.Aupst 1,2WI