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HomeMy WebLinkAboutMINUTES - 02112003 - C13-C17 1 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 February 11, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO. 2003/86 SUBJECT: Acceptance of Instrument(Offer of Dedication-Road Purposes) for RA 1094 (cross- reference SUB;7976) Bollinger Canyon'Road, being developed by Windemere BLC, LLC, San Ramon(Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication Bollinger Canyon Shapell Industries, Inc. San Ramon III For Roadway Purposes Road,RA 1094 (Dougherty (cross-reference Valley) SUB 7976) APN 206-120-001 &206-250-008 TR-.CW I hereby certify that this is a true and correct copy of an action Os:tGrpData'EngSvclBO\200312-11-031RA1094b 130-30.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown, Contact: Teri Rie(3132363) cc: Recorder(via Clerk of the Board)then PW Records shapeilIndustries oftvotiernCalifornia Sam Warden ATTESTED: FEBRUARY 11, 2003 100 Milpitas Blvd. Milpitas,CA 95035 JOHN SWEETEN,Clerk of the Board of Supervisors and County Unnar Conmwnities Administrator Brian Olin 3130 Crow Canyon Place,suite 310 San Ramon,CA 94583 By ,Deputy RESOLUTION NO.2003/ 86 AfAl glob- a.5,C)—Mi Reeard dates a reql�art of: IIII III III I III II sill I IIIA i I it IIIII I Illi I IN I III BoarContra `y CONTRA COSTA Cc Recorder Office ik to STEPHEN L. WEIR Clerk-Recorder PubliEngle Works Dvices neHt DOC; - 200 —00673v0�-00 Engineering Services Division Records section Wednesday, FEB 12, 2003 11:03:00 FRE $0.00 Area: Dougherty Valley hoed: Bollinger Canyon Road Tt l Pd $0.00 Nbr-0001314680 Co.Road No.: RA 1044 1 r c/R S/1-10 Development No.: SUB 7476 APN:206-120-001& 2/x`250-008 OFFER OF DEDICATION ..ROAD PURPOSES Shapell Industries, Inc., the undersigned, being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to Contra Costa County, a political subdivision of the State of California and its successors or assigns, for street, highway landscaping and other related purposes, including maintenance thereof, the real property situated in the County of Contra Costa, State of California, as described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that Contra Costa County and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of Contra Costa County and it successors or assigns and will be binding upon the title owner of record and that owner's heirs, successors or assigns. The undersigned executed this instrument on �fOq (0 7— (S (S MM _ (PrMt necoa d!`rklt)�* ,,�<• ���/t':��a���+ (PMnt roma& G..P- (See attached notary) T4AC1AAA9\ArAMP1401\rnnaiylt\a'hanpli\xrnt\flri (1117\hF.f71f`.ATTt)N-RW-R(7i�,.flM:. :5/317102 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia S Psgmes ss. County`o`f�- ,) , -Zy 0 f '� -2-- before me, __ f't 01 � �, 1 '__kl�.S OEMNerve end Tft of Of low(e.g.,'Jam Doe.Nopry PuubRej personally appeared Nan*$)of Signer{es personally known to me ❑ 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**AsWhey executed the same in -fttwItheir authorized capacity(ies), and that by hief#wtheir signature(s)on the instrument the person(s),or JANICE T.KRUSE the entity upon behalf of which the person(s) Commission#1318897 [ acted, executed the instrument. Notary Public-California Santa Clara County TNESS my hand and off' lal seal. MY Comm.makes Au_g 24,2W5 �-- Signature of Notary Public OPTIONAL Though the Information below is not required by law,it may pave valuable to persons reVng 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: . - O �ct-1 - o i e 0 tc Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: - '- 1AS S tS't`". V. LD �'is�tST 5 , Ind vidual rop or thumb here rporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-In-Pact ❑ Trustee • Guardian or Conservator ❑ Other. Signer is Representing:_ C_. 0190 NadoW Nary Awsoclabon=9350 D,Sob Ave.,P.O.®ox 2402=Chaftwordi,CA 91313-2402=www.wdonelnomy org Prod.No.5907 Reorder.Call Toll-free 1.800.876.0927 LEGAL DESCRIPTION BOLLINGER CANYON ROAD RIGHT OF WAY SHAPELL INDUSTRIES CONTRA COSTA COUNTY CALIFORNIA JANUARY 22, 2002 JOB NO. : 94462--00 EXHIBIT `A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO SHAPELL INDUSTRIES, INC. , A DELAWARE CORPORATION, BY DEED RECORDED NOVEMBER 20, 1987, IN BOOK 14029 OF OFFICIAL RECORDS, AT PAGE 677, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE SOUTHERN LINE OF SAID PARCEL OF LAND AND THE CENTERLINE OF THAT CERTAIN FIFTY (50.00) FOOT STRIP OF LAND AS DESCRIBED IN THAT CERTAIN DEED RECORDED FEBRUARY 6, 1936, IN BOOK 408 OF OFFICIAL RECORDS, AT PAGE 128, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID POINT OF BEGINNING, ALONG THE SOUTHERN LINE OF SAID PARCEL OF LAND (14029 OR 677) , NORTH 7704' 00" WEST (THE BEARING OF SAID SOUTHERN LINE BEING TAKEN AS NORTH 77004' 00" WEST FOR THE PURPOSE OF MAKING THIS DESCRIPTION) 20.934 METERS; THENCE, LEAVING SAID SOUTHERN LINE, NORTH 00037' 16" EAST 16.488 METERS; THENCE, ALONG THE ARC OF A TANGENT 425.000 METER RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 04048' 12", AN ARC DISTANCE OF 35.630 METERS; THENCE, ALONG THE ARC OF A REVERSE 600.000 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 85049' 04- EAST, THROUGH A CENTRAL ANGLE OF 04048' 12", AN ARC DISTANCE OF 50.302 METERS; THENCE, NORTH 00°37' 16" EAST 70.000 METERS; THENCE, ALONG THE ARC OF A TANGENT 446. 900 METER RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 07028' 14", AN ARC DISTANCE OF 58.268 METERS, THENCE, NORTH 81°54'30" WEST 2.400 METERS; t P:\452-00\LEGGALS\LG-SOLS-002.DOC LEGAL DESCRIPTION JANUARY 22, 2002 PAGE TWO JOB NO. : 94462-00 THENCE, ALONG THE ARC OF A NON-TANGENT 449.300 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 81054'30" EAST, THROUGH A CENTRAL ANGLE OF 06045' 00", AN ARC DISTANCE OF 52. 934 METERS; THENCE, NORTH 75009'30" WEST 17.700 METERS; THENCE, ALONG THE ARC OF A NON-TANGENT 467.000 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 75009'30" EAST, THROUGH A CENTRAL ANGLE OF 00047'45", AN ARC DISTANCE OF 6.486 METERS; THENCE, ALONG THE ARC OF A COMPOUND 452.500 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 74021'45" EAST, THROUGH A CENTRAL ANGLE OF 2505336" , AN ARC DISTANCE OF 204 .495 METERS; THENCE, SOUTH 50006'36" EAST 2..401 METERS; THENCE, ALONG THE ARC OF A NON-TANGENT 450.100 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 4802737" EAST, THROUGH A CENTRAL ANGLE OF 15021'28", AN ARC DISTANCE OF 120.648 METERS; THENCE, NORTH 56053'51" EAST 146.503 METERS; THENCE, ALONG THE ARC OF A TANGENT 525.400 METER RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 02044' 23", AN ARC DISTANCE OF 25.124 METERS; THENCE, ALONG THE ARC OF A COMPOUND 404.400 METER RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 35050' 32" WEST, THROUGH A CENTRAL ANGLE OF 14048'24", AN ARC DISTANCE OF 104.508 METERS; THENCE, ALONG THE ARC OF A REVERSE 622.220 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 50038'56" EAST, THROUGH A CEN'T'RAL ANGLE OF 01032' 56", AN ARC DISTANCE OF 16.820 METERS; THENCE, ALONG THE ARC OF A REVERSE 521.800 ME'T'ER RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 49006' 00" WEST, THROUGH A CENTRAL ANGLE OF 06022'31", AN ARC DISTANCE OF 58.059 METERS TO A POINT ON THE NORTHEASTERN LINE OF SAID PARCEL OF LAND (14029 OR 677) ; THENCE, ALONG SAID NORTHEASTERN LINE, SOUTH 35030'46" EAST 68.762 METERS; PA462-00V EGAM\L.G-BOLS-003.DOC LEGAL DESCRIPTION JANUARY 22, 2002 PAGE THREE JOB NO. : 94462-00 THENCE, LEAVING SAID NORTHEASTERN LINE, ALONG THE ARC OF A NON-TANGENT 586.900 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 53010' 58" WEST, THROUGH A CENTRAL ANGLE OF 0002758" , AN ARC DISTANCE OF 4.776 METERS; THENCE, ALONG THE ARC OF A COMPOUND 140.500 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 52043' 00" WEST, THROUGH A CENTRAL ANGLE OF 09039'33" , AN ARC DISTANCE OF 23 .686 METERS; THENCE, ALONG THE ARC OF A REVERSE 131.500 METER RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEAMS SOUTH 43003'27" EAST, THROUGH A CENTRAL ANGLE OF 06000' 16" , AN ARC DISTANCE OF 13 .781 METERS; THENCE, ALONG THE ARC OF A REVERSE 584.500 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 49003'43" WEST, THROUGH A CENTRAL ANGLE OF 15057'34" , AN ARC DISTANCE OF 162.812 METERS; THENCE, SOUTH 5605351" WEST 136 .941 METERS; THENCE, ALONG THE ARC OF A TANGENT 401.900 METER RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 39021'20", AN ARC DISTANCE OF 276.060 METERS; THENCE, SOUTH 72027'29" EAST 17.700 METERS; THENCE, ALONG THE ARC OF A NON-TANGENT 384.200 METER RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 72°27'29" EAST, THROUGH A CENTRAL ANGLE OF 09030' 54", AN ARC DISTANCE OF 63.802 METERS TO A POINT ON THE SOUTHERN LINE OF SAID PARCEL OF LAND (14029 OR 677) ; THENCE, ALONG SAID SOUTHERN LINE, NORTH 89017'29" WEST 56.036 METERS TO ., A POINT..ON .SA.ID CENTERLINE (408 OR 128) ; THENCE, ALONG SAID CENTERLINE THE FOLLOWING THREE (3) COURSES: 1) ALONG THE ARC OF A NON-TANGENT 457.201 METER RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 86°14'49" EAST, THROUGH A CENTRAL ANGLE OF 08020' 51 AN ARC DISTANCE OF 66.610 METERS; 2) SOUTH 04035'40" EAST 129.065 METERS, AND 3) ALONG THE ARC OF A TANGENT 304.801 METER RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 05053'41", AN ARC DISTANCE OF 31.359 METERS TO SAID POINT OF BEGINNING. P:W62-00UMAL&W-BOLS-003.DOC LEGAL DESCRIPTION JANUARY 22, 2002 PAGE FOUR JOB NO. : 94462-00 CONTAINING 4.771 HECTARES OF LAND MORE OR LESS. EXCEPTING THEREFROM, ALL OF THAT CERTAIN PARCEL OF LAND DESCRIBED BY DEED RECORDED FEBRUARY 6, 1936, IN BOOK 408 OF OFFICIAL RECORDS, AT PAGE 128. END OF DESCRIPTION v u1ND SUA Jc'k.�o�t1ER S. c N8.7176 CHRISTOP14ER S. HARMISON yy Exp.�� C o3 ,t L.S. NO. 7176 EXPIRES: DECEMBER 31, 2003 fin`Of CAItFd�` PA462-MLEGALSW-BO S-003DDOC SEF+ PAGE 2 rkAet� ic $74'21'45"E(R) L4 CS APN � SHAPELL muffRm BOUNDARY S8154'30_"E APN 206-120-001 6 14029 OR 677) L3 N81'58'23" R N86'14'49"W R v cAMP PAM W (1104 OR 377) iz Ca EXISTING DOUGHERTY r z ROAD ROW, 15.240m $r (408 OR 128) MWRL IVDU ti APN 206--250-008 (14029 OR 677) N85`49'040E RCON JTRA COSTAn RIGHT-OF-WAY "VI�CORPOIA�Ea NTy OF SAN RAA40N Li N88'41'59"W R $ENT CREEK SUBDIVISION 7750 ` `- POB CURVE TABLE UNE TABLE NO.I RADIUS DELTA LENGTH NO.1 BEARING LENGTH C1 425.000m 04`4812 35.630m L1 I N77'04 00 W 20.934m C2 600.000m 04'4812 50.302m L2 NOO`3716 E 16.488m C3 446.900m 07'2814 58,268m L3 N81'54 30 R 2.400m C4 449.300m 06'45 00 52,934m L4 N75'09 30 R 17.700m C5 467.000m 00`47 45 6.486m C5-'-§7-2'27'29'E(R) 17.700m C6 384.200m 09'30 54 63.802m L6 N8917 29 W 56.036m C7 457.201m 08'20 51 66.610m C8 304.801 m 0553 41 31.359m PLAT TO ACCOMPANY LEGAL DESCRIMON BOLLINGER CANYON ROAD BIGHT-OIC-WAY SHAPELL Ili PYOPEETY 0014M OWrA COUPW, CA MIND JANUARY, 2002 REVISED: MAY 300, 2002 PAGE 1 OF 3 Carlson, Barbee, & Gibson, no. CIVIL ENGINEERS • SURVEYORS a PLANNERS 2603 CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 8660322 FAX: (925) 856-8575 9402-00 H:\9W2\AW\PH01\pLAT\PLAT-RWL-BOi S D°' rr, ,stric !rl j !9HOM INDUSTRIES ©� APN 206-120-001 \,z g (14029 OR 677) �gd' �' 1 I APN 1' BOUNDARY L3 •'`� ,ti� N4878'09" EXISITNG DOUGHERTY ROAD ROW, 15.240m (408 OR 128) MWELL MUSTM APN 206-250-008 `'� • (14029 OR 677) # V`e �o fi RIGHT-OF-WAY o ,Q� SWILL INDUSTRIES APN 206-120-001 t( j (14029 OR 677) 57471'45"E R c� t SEE PAGE i CURVE TABLE LINE TABLE 1NO.1 RADIUS I DELTA ILENGTH NO. BEARING ILENGTH Ct 407.00OM 00'47 45 6.486m L1 N75'09 30 W R 17.700m L2 .S7227 29 E R 17.700m L3 S50`06 36 E 1 2.401 m PLAT TO ACCOMPANY LEGAL DESCRIPTION ROLLINGEB CANYON ROAD EIGHT-OF-WAY sS'APELL muffM PYOPERTY comA courA coum, cALmImu JANUARY, 2002 PAGE 2 OF 3 REVISED: MAY 30 2002 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS = SURVEYORS • PLANNERS 2603 CAMINO RAMON, SUITE 100 SAN RAMON, CALFORNIA 94583 TELEPHONE: (925) 866-0322 FAX (925) 866-8575 94482-00 H:\94462\ACAD`PH01\PuT\FuT—aW—®oLs.DWG J strlc SUBDIVISION BOUNDARY w- N55'28'31"W R \ N49*06'00"W R - N50'38'560W R C4 SWELL MUSTMESS APN 206-120-001 (14029 OR 677) ,.0 N35`50'32"W R �`� ,y'` ,lb \ RIGHT-OF-WAY tib'• RIGHT-OF--WAY SWELL INDUSTRIES APN 206-120 -001 (14029 OR 677) CURVE TABLE NO. RADIUS I DELTA LENGTH C1 525.400m 02'44 23 25.124m C2 622.200m 01'32 56 16.820m C3 521.800m 06'22 31 58.059m C4 586.900m 00`2758 4.776m C5 140.500M 09'39 33 23.686m C6 131.500m 06'0016 13.781m PLAT TO ACCOMPANY LEGAL DESCRIPTION BOLLINGER CANYON ROAD RIGHT-6F-WAY SRAPELL INnUSTRIEs PROPERTY Wan CMA WUm, CALIP'0>l1m JANUARY, 2002 REVISED: MAY 301 2002 PAGE 3 OF 3 Carlson, Barbee, & Gibson, Inc. CIVIL ENDS • SURVEYORS • PLANNERS 2603 CAMINO RAMON. SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX (925) 866-8575 94462-00 x\94462\ACAD\PHOi\PLAT\PLAT-RW-80MDWG 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 February 11, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO* 2003/ 87 SUBJECT: Acceptance of Instrument (Offer of Dedication - Drainage Purposes) for RA 1102 (cross-reference SUB 7976) Bollinger Canyon Road,being developed by Windemere BLC, LLC, San Ramon(Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication Bollinger Canyon Shapell Industries, Inc. San Ramon III For Drainage Purposes Road, RA 1102 (Dougherty (cross-reference Valley) SUB 7976) APN 206-250-008, 206-080-001 & 206-240-003 I hereby certify that this is a true and correct copy of an action taken and TR:cw G.GrpData\EngSvc�30\2003\2-11-03\RAi 102 Bo-30.doc entered on the minutes of the Board of Supervisors on the date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) cc: Recorder(via Clerk of the Board)then PW Records ATTESTED: FEBRUARY 11, 2003 Shapell Industries of Northern California JOHN SWEETEN,Clerk of the Board of Supervisors and County Sam Worden 100 Milpitas Blvd. Administrator Milpitas,CA 95035 Lennar Communities Brian Olin, By ,Deputy 3130 Crow Canyon Place,suite#310 San Ramon,CA 94593 RESOLUTION NO.2003/ 87 Iill 111 III I(��II iill I VIII I III��III'IIII���III ISI Recorded at the r"uest of- CONTRA COSTA Co Recorder Office CPublic ontm Costa w int STEPHEN L. WEIR Clerk-Recorder Return to: DOC— 2003-0067349-00 Cootm Com"County Wednesday, FEB 12, 2003 11:02:55 Public worm Depw=ent FRE $0.00 Records section Tt 1 Pd $0.00 Nbr-0001314679 Arra: Dougherty Valley 1 r c/R S/41-B Road: _Bollinger Canyon Road Co.Road No.: RA 1102 Development No.: $UB 7976 Assessor's No.: 206-250-008,206-080-001 &206-240-003 OFFER OF DEDICATION-DRAINAGE PURPOSES Shapell Industries, Inc., the undersigned, being the present title owner of record of the herein described parcel of land, does hereby make an irrevocable offer of dedication to COUNTY OF CONTRA COSTA,a political subdivision of the State of California,and its successors or assigns,of an easement for storm, flood and surface water drainage, including construction, access or maintenance of work, improvements and structures, whether covered or open, or the clearing of obstructions and vegetation,upon the real property situated in the County of Contra Costa,State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that COUNTY OF CONTRA COSTA and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs,successors,assigns,and personal representatives of the respective parties hereto. The undersigned executed this instrument on 7- r kswauV OhInt nam a aura (33 4 wrint name&tide) /Y7 ��ecrlpll-oy (See attached notary) x:\94462\ACRD\Px01\consult\shapell\sent\053002\DEDICATION-sM=ACR.doc 6/3/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On b Zy, before me, Q kC-e. Date Name and Tide of Otloer(e.g.,'Jane Doe,Notary Pub lc") r personally appeared Name(e)of 8igrur(e) ersonaliy known to me L proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4aare subscribed to the within instrument and acknowledged to me that4wAa efthey executed the same In hisfherltheir authorized f capacity(les), and that by -NeAw/their JA""ft" signature(s)on the instrument the person(s), or .tANlCE T.ltRUSE the anti upon person(s) Commission#1318897 entity P behalf of which the Notary Public-Cellfomia y acted, executed the instrument. Santa Clara County WL4yC0mrMEjVresAug24,2W5� WITNESS mXhand and offs ial seal. Signature of Notary Public OPTIONAL 77vugh ft information below is not required by taw,h may prove valuable to persons rWng are the document and could prevent fraudulent removal and reattachment of this form to anoftr document Description of Attached Document C� 2- Title or Type of Document: ' a ` f2 f j 1 tU Q C e— f , N Document Date: Number of Pages: Slgner(s)Other Than Named Above: Capsclty(ies) Claimed by Signer Signer's Name: .�® corpordual C Com` 'T � `4-N I Top of th�ntr rare 'Corporate Officer—Title(s): � 0 Partner.a.-©Limited 0 General 0 Attorney-In-Fact * Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 4 C- 0 1999 MtN W NMfY Anociakn-0380 Cys Soto Aw„P.O.Sox 2402-Chttr*O fi,CA 91313.2402•www.rWbrm lnotary.org Prat.No.5907 Reorder.Cal Tol-Free 1-80047a-6W LEGAL DESCRIPTION DRAINAGE EASEMENT SHAPELL INDUSTRIES CONTRA COSTA COUNTY, CALIFORNIA JANUARY 22, 2002 JOB NO. : 94462-00 EXHIBIT 'A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF I THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO SHAPELL INDUSTRIES, INC. , BY DEED RECORDED NOVEMBER 20, 1987, IN SERIES NO. 87- 245949 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF SAID PARCEL OF LAND, SAID POINT BEING THE SOUTHWESTERN TERMINUS OF THAT CERTAIN COURSE ENTITLED "NORTH 42026'53" EAST 264.40 FEET" ON THAT CERTAIN RECORD OF SURVEY, RECORDED FEBRUARY 25, 1981 IN BOOK 68 OF LICENSED SURVEYORS' MAP, AT PAGE 20 IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID EASTERN LINE, NORTH 47033' 07" WEST 30.480 METERS; THENCE, NORTH 42026' 53" EAST 54.294 METERS; THENCE, NORTH 47033' 07" WEST 18.288 METERS; THENCE, NORTH 42026' 53" EAST 12.192 METERS; THENCE, SOUTH 47°33' 07" EAST 18.288 METERS; THENCE, NORTH 42°26'53" EAST 26.549 METERS; THENCE, NORTH 86052' 12" EAST 164.368 METERS; THENCE, NORTH 21058'30" EAST 375.789 METERS; THENCE, NORTH 00°15'29" WEST 118.909 METERS; THENCE, NORTH 15013'54" EAST 125.706 METERS; THENCE, NORTH 18045'20" WEST 145.685 METERS; THENCE, NORTH 31012'50" EAST 54.936 METERS; THENCE, NORTH 58047'10"WEST 9.144 METERS P:\462-00\LEGALS\LG`EM-DRAIN-ACR.DW LEGAL DESCRIPTION JANUARY 22, 2002 PAGE 2 OF 3 JOE NO. : 94462-00 THENCE, NORTH 31012' 50" EAST 53 .350 METERS; THENCE, SOUTH 58°47' 10" EAST 9.144 METERS; THENCE, NORTH 31012' 50" EAST 70.404 METERS; THENCE, NORTH 2630'28" WEST 35.641 METERS; THENCE, SOUTH 63029'32" WEST 27.763 METERS; THENCE, NORTH 26°30'38" WEST 67.056 METERS; THENCE, NORTH 63029'32" EAST 27.763 METERS; THENCE, NORTH 26030'28" WEST 92.682 METERS; THENCE, NORTH 13°28'59" EAST 116.055 METERS; THENCE, NORTH 33012'41" EAST 86 .498 METERS; THENCE, NORTH 73016' 11" WEST 12. 192 METERS; THENCE, NORTH 16043'49" EAST 24.384 METERS.- THENCE, ETERS;THENCE, SOUTH 73016' 11" EAST 12.192 METERS; THENCE, NORTH 16043'49" EAST 151.376 METERS; THENCE, NORTH 46011'32" EAST 15.176 METERS; THENCE, NORTH 43°48'28" WEST 10.668 METERS; THENCE, NORTH 46011'32" EAST 35.052 METERS; THENCE, SOUTH 43048'28" EAST 41. 148 METERS TO A POINT ON THE EASTERN LINE OF SAID PARCEL OF LAND; THENCE, ALONG EASTERN LINE, THE FOLLOWING TWELVE (12) COURSES; 1) SOUTH 46011'32" WEST 42 .214 METERS, 2) SOUTH 16043'49" WEST 172.161 METERS, 3) SOUTH 33012'41" WEST 85.612 METERS, 4) SOUTH 13028' 59" WEST 99.664 METERS, 5) SOUTH 26030'28" EAST 201.086 METERS, 6) SOUTH 31012'50" WEST 181.286 METERS, P-\462-OOU.EGAIS11G-EM-DRAIN-ACR.DOC LEGIAL DESCRIPTION JANUARY 22, 2002 PAGE 3 OF 3 JOB NO. : 94462-00 7) SOUTH 18045'20" EAST 140.797 METERS, 8) SOUTH 15013' 54" WEST 130.875 METERS, 9) SOUTH 00°1529" EAST 120.753 METERS, 10) SOUTH 21058'30" WEST 401.157 METERS, 11) SOUTH 86052' 12" WEST 171.301 METERS, AND 12) SOUTH 42026'53" WEST 80.589 METERS TO SAID POINT OF BEGINNING. CONTAINING 5. 892 HECTARES OF LAND, MORE OR LESS. END OF DESCRIPTION �p LANti,�j * # CHRISTO HERS. HARMISON L.S. NO. 7.176 OFAUCAEXPIRES: DECEMBER 31, 2003 P:'14b�-001LEG,4L.5ai.G-EMaDRAIN-ACR.DbC ES�IBTT 'B' SEE WAGE �\ Tkj ra 3 LINE TABLE NO. DARING LENGTH L1 N47`33 07 W 30.480M .3 L2 N42-29'53T 54.294m �? rte- L3 S47'3310 E 18.288m "� co� L4 N42'26 53 E 12.192m L5 N42`26 53 E 26.549m L6 S42-26 53 W 80.589m -. -8 to totit -,Ln � rri SHAPELL MUSTS ES APN 208080-001 (87-245949) DRAINAGE 1 EASEMENT '0 I/ SWELL MUSTRM APN 206-250-008 (87-245949) APN BOUNDARY f WMEWRE (68 LSM 20) NB6*5212"E 164.368m S86-52'l rW 171.301m 1-5 IPPLAT TO ACCOMPANY LEGAL DE&MMDN ` tip DEAWAGE EASEMENT P08 SHAPZLL I DUREW PROPERTY C701C'!'JrA C 08fA ODUli'!T, CALIFORM JANUARY, 2002RNJQ.S" 2002 PAGE 1 OF 2 Carlson, Barbee, & Gibson, Inc. CIV . INKS • SURVEYORS • PLANNERS 2803 CAW40 RAMON, Olt 100 SAN RAMON, CALIFORNIA 84583 M9%ONE: (825) 888--0322 FAX: (825) 888-8575 94482_00 H:\94+482\ACAD\PHOI\PLAT\PLAT-EM-ACR.DWG sty CVN SHAPELL INDUSTRM t' APN 206--240-003 (87-245949) 00 DRAINAGE „'°' EASEMENT-../ '�, W'INDEMERE w / (68 LSM 20) APN BOUNDARY'' J �' LINE TABLE NO.1 BEARING LENGTH L1 N31'12'50"F 54.936m t L2 S58`4710 E 9.144m L3 N31'12 50 E 53.350m c" 14 N31'12 50 E 70.404m L5 N26'30 28 W 35.641m L6 N63'29 32 E 27.763m L7 N26-30'28W 67.056m L8 N26'30 28 W 92.682m L9 N33'12 41 E 86.498m SHELL WDUSTRI� } L10 S73"1611 E 12.192m APN 206-080W-001 L11 N16.43 49 E 24.384m L12 N16'43 49 E 151.376m (87245949) ' Ll 31 N46'1132 E435.052m d;' L14 N43.48 28 W L15 N46`1132 E Li 6 S43'48 8 EL17 S4.6'113 W . L18 N18'45 20 W 145.685m c Y Ll 91 S18'45 20 E 140.797m CP 1 n SEE PAGE 1 PLAT TO ACCOMPANY" LEGAL DMCRU'T ON DRAINAGE LASEMENT SHAPM n0pnTY CMVM Cf18'1'A ODUM CALMIM JANUARY, 1&2 REVISED. MAY 30, 2002 PAGE.2 OF 2 Carlson, Barbee, & Gibson, Inc. CM ENaNM • %W • K.ANNERS 2603 CAMINO RAMON, SWTE 100 SAN RAMON, CALfFORNIA 94583 MB40E- (925) W--0322 FAX- (925) 866-8575 94462-00 H:\94462\ACA(i\PHOi\,PtAT\PLAT-Di-ACR.DWC rt ����' IIII{{11111111{IIIIIIIIIIII{ I{IL i[{III i{I[II IIII I , ,►,� CONTRA COSTA Co Recorder Office ��P STEPHEN Lo WEIR Clerk-Recorder Recorded at the request of: DOC— 200 —00673'.x' 2-00 Contra Costa County Board of Supervisors Wednesday, FEB 12, 2003 11:02:08 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0.00 Nbr-0001314683 Engineering Services Division I r C/R B/1-7 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 11, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UIIXEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO. 2003/ 88 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8027, San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements on Rosincress Drive and Rosincress Court in Subdivision 8027 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of February 11,2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY September 21, 1999 American Casualty Company ofReading,PA. JG-.cw G:1GrpData\EngSvc1BO\2003%2-11-034SUB 8027 BO-45 RWL.doc Originator: Public Works(ES) T hereby certifythat this is a true and correct Contact: Tori Ric(313-2363} Y hhcopy of an action taken cc: Public Works Accounting,Tax I.D.95-2578030 and entered on the minutes of the Board of Supervisors on the date T.Bell,Construction Div. shown. I.Bergeron,Mapping Div. Recorder(,via Y1gk),then PW Engineering Services T-3-18-03 ATTESTED:. FEBRUARY 11 2003 Shapell Industries of No.CA Steve savage,Sam Worden&Jim Gold JOHN SWEETEN, Clerk of the Board of Supervisors and County P.O.Box 361169 Administrator Milpitas,CA 95035 American Casualty Company of Reading,PA. 5820 Canoga Ave.,suite 200 ? Woodland Hills,CA 91367 City of San Ramon BY—_ -�" —,Deputy Joye Fukuda 2222 Camino Ramon San Ramon,CA 94583 RESOLUTION NO.2003/ 88 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8027, San Ramon(Dougherty Valley) area. (District III) DATE: February 11, 2003 PAGE: 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for $71,600.00 Bond No. 929097478 issued by the above surety be RETAINED for the six month lien guarantee period until August 11,2003,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements in Subdivision 8027 are ACCEPTED as complete.Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the$1,432.00 cash deposit(Auditor's Deposit Permit NNo.337456, dated September 7, 1999) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for$21,270.00, Bond Number 929097478, issued by American Casualty Company of Reading, PA., be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/88 Executed in Triplicate Subdivision 8027 Increase-Decrease Rider TO BE ATTACHED TO and form part of Bond Number .������..47_�3.._._...._... issued by the American Casualty Company of Reading, PA as Surety,on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas, CA ... ,hereinafter referred to as the Principal,and In favor of County of Contra Costa of Martinez, CA �._. . .. , hereinafter referred to as the Obligee,effective the 31 st_ day of. AYP.ust, 1999 r IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the_w_ 1 St day of . October ,2002 ,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shall be and the same Is hereby decreased from the sum of One Hundred Forty One Thousand Eight Hundred NO/100 (Performance only) weet O Dollars( $141.80Q.Qr ), T to the sum of ..we y One Thousand Two Hundred Seventy NO/100 (Performance Only) $21.270.00 }, �.. ... IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, t8e ?r Ik�t�It Of t�e Stt for ar kner,"hoMu rr��pti�r�� $ate shall not exceed ties ur�of ne u re y ne usan �gnt Hun a { 'e ormance Only) Down{$141.800.00 }, or for any loss occurring subsequent to said data shall not exceed the sum of Twenty One Thousand Two Hundred Seventy NO/100 {Pe ormance n oilers( 21,270.0 In no event however,shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, It ban the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this 3rd day of �S _pember. , 20Q2, Accepted 8y: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (Principal) ® seat - - an Ity Company of Reading, PA (Su } e (Seal) SUR-23139-D Pamela L. Stocks Attomey-{n-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation(herein called "the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hall,Sandra V. Hanner, individually,Individually of Sherman Oaks,California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature —In Unlimited Amounts— and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Viae President and their corporate seals to be hereto affixed on this 25th day of June,2002. Continental Casualty Company 00WOPATS ��e National Fire Insurance Company of Hartford ,�`,g • > Mr, American Casualty Company of Reading,Pennsylvania U i3El1L `r eat 1�7 Michael Gengler droup Vice President State of Illinois,County of Cook,as: On this 25th day of June,2002,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Moe President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation described In and which executed the above instrument;that he knows the seals of said corporations; that the seals affixed to the said Instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL" , MANE FAULKNER Notary Public,Stats of Illinois My Commission Expires 9/17105 ,•-fir My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Dire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Director of the corporations printed on th�reverse hereof is stilUn force.In testimony whereof 1 have�j�ig�rre� nto subscribed my name and affixed the seal of the said corporations this day of sept , VU Continental Casualty Company ooWOK4r& National Fire Insurance Company of o American Casualty Company of Reading Pennsylvania BFJ1L '� �iysIt. coo teat 4' e Mary A.Ribikewskis Assistant Secretary (Rev. 10/11/01) State of CALIFORNIA County of LOS ANGELES On September 3, 2002 before me, Sandy Iianner - Notary Public Date NAME,TITLE OF OFFICER.,"JANE DOE. NOTARY PUBLIC` personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (X) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 Ishtimubscribed to the within instrument and acknowledged to me that Wshe/sl'W executed the same in hWher/tmft authorized capaclty , and that by 11wher/ 1" signature($) on the instrument the person(g), or the entity upon behalf of which the person(so acted, executed the instrument. SANDY wwNER WITNESS hand and o seal. • Commission�113li2157 �s Notary Public-CaNfornie Los Anpeba CountyMNATUAV OF NOTARY My Comm. Jul�,ZOQQ 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 (._..-j INDIVIDUAL (�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {�) PARTNER(S) (.-..) LIMITED (�) GENERAL (�) ATTORNEY-IN-FACT NUMBER OF PAGES (�) TRUSTEE(S) {i) GUARDIAN/CONSERVATOR (�..) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Penns Ivy ansa SIGNER(S)OTHER THAN NAMED ABOVE 0-107426-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 1 c. � .�.before me, , D Nam and title of often(e.9.,"dare Doe,Notary Public") personally appeared 7—Z Q.A—e& P_\C' " Name(e)of saner(a) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personpf whose nameK is/axe- subscribed to the within instrument and JANICEacknowledged to me that he/sheAhey executed Comrrsmlaslan*131 commission �U'� the same in his/hef tNeir°� authorized 8667 Notary Public-California capacity(fear)-, and that by his/ Z ma Clara County signatureWon the instrument the personA, or My 5rthe entity upon behalf of which the person` `ENpIrea Aug "2t acted, executed the instrument. iTNESS my hand and offici l seal. — - signature of Notary Pubflc O l Though the informatlon below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reatfachmant of this form to another document. Description of Attached Document Title or Type of Document: S =a. B C�2 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ 1 idual Toa of thumb here Corporate Officer—Title(s); ❑ Partner--❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing 0 1999 National Notary Anodatlor•9360 De Soto Me.,P.C.Box 2402-Chatsworth,CA 91313.2402•w"ww.nattonalnotary.or9 Prod.No.6907 Fleorder.Call Toll-Free w-WO476-OW III I 111 11 IN I IIIII I 111111111 IN I IIIII I II C,Ar CONTRA COSTA Co Recorder Office STEPHEN Le WEIR Clerk-Recorder Recorded at the request oft DOC— 20@h-0067353-6$ Contra Costa County Board of supervisors Wadnozday,, FEB 12, 2003 11z03:12 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0.60 Nbr-00013146$4 Engineering Services Division l r C/RS/1—7 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 11, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO. 2003/ 89 SUBJECT: Accepting Completion of Improvements for Subdivision Agreement(Right-of-Way Landscaping)for Subdivision 8105,San Ramon(Dougherty Valley)area.(District III) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements on Pedestrain Trail South of tract 8105 Cedar Bridge in Subdivision 8105 have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries ofNorthern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of February 11,2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY September 21, 1999 American Casualty Company of Reading,PA JG:cw G:1GrpDatalEngSvc1BO1200312-11-03LSUB 8105 BO-45.doc Or4onator: Public Works(ES) Contact:Teri Rio(313-2363) I hereby certify that this is a true and correct copy of an action taken cc: Public Works Accounting,Tax I.D.95-2578030 and entered on the minutes of the Board of Supervisors on the date T--3-18-03 Recorder(via Clerk),then PW Engineering Services shown. American Casualty Company of Reading,PA. 21650 Oxnard Street,Suite 760 ATTESTED: FEBRUARY 1-1 , 2003 Woodland Hills,CA 9361 City of San Ramon JOHN SWEETEN,Clerk of the Board of Supervisors and County Joys Fukuda Administrator 2222 Camino Ramon San Ramon,CA 94583 Sbapell Industries of No.CA Sam Worden&Steve Savage P.O.Box 361169 By ,Deputy Milpitas,CA 95035 RESOLUTION NO.2003/ 89 I% 2-- �'- SUBJECT: Accepting Completion of Improvements for Subdivision Agreement(Right-of-Way Landscaping)for Subdivision 8105,San Ramon(Dougherty Valley)area.(District III) DATE: February 11, 2003 PAGE: 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for $51,000.00 Bond No. 929097489 issued by the above surety be RETAINED for the six month lien guarantee period until August 11,2003,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of=-Way Landscaping improvements in Subdivision 8105 are ACCEPTED as complete. Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the$1,000.00 cash deposit(Auditor's Deposit Permit No. 337456,dated September 7, 1999) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $15,150.00, Bond Number 929097484 issued by American Casualty Company of Reading, PA., be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/89 Executed in Triplicate URAFTY Subdivision 8105 Increase -Decrease Rider TO BE A77ACHED TO and form part of Bond Number .9� X97..4 .4_.._.__..._... Issued by the American Casualty Company of Reading, PA as Surety,on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc. of __ Milpitas, CA _ _ hereinafter referred to as the Principal,end in favor of County of Contra Costa of Martinez, CA __....... .�..... . .. ,.. .... .._.. __..._... . .._._. _. ... ...r ...�.,. . .. hereinafter referred to as the Obligee, effective the 31 Vit_ day of. August, ,1999 . IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 1 st day of . October ,2002 ,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shall be and the same Is hereby decreased from the sum of One Hundred One Thousand NO/100 (Performance only) Dollars to the sum of FIRe 1 Thousand One Hundred Fifty (Performance only) Dollars($15.150.00 IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the a g ate usbNity of the Surety for any loss occurring prior to sold date shall not exceed theu of One Hundred One Thousand NO/100 (Performance Only) _... ..__..__.Dollars( 101,000.00 ) or for any lose occurrin subWunnt to said date shall not exceed the sum of Fifteen Thousand }ne Hundred Fifty {Performance Un-y Dollars{ 15 150.010 ._ .). In no event,however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative iiablilty. SIGNED,SEALED AND DATED this _3rd day of sael2tamher., ?Q. Acce*d By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (Principal) -, - (Seal) Amer' asuaity Company of Reading, PA (Surety (Seal) SUR-23189-D Pamela L. Stocks Attorney-in-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks, Beverly A.Hall,Sandra V. Hanner,Individually,Individually Of Sherman Oaks,California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts-® and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duty adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 25th day of June,2002. �, kNsjt�,t a. Continental Casualty Company o�o"+x*i �ysanasp� National Fire Insurance Company of Hartford o American Casualty Company of Reading,Pennsylvania Jules r, SEAL .� � • 1got ev7 / ! Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 25th day of Juno,2002,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation described in and which executed the above Instrument;that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of sold corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' DIANE FAULKNER Notory Public,Slots of Illinois - My Commission Expires 9117105 { . My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 3rd _ day of .gaptP r}Pr 2A1�2 t�' Mra Continental Casualty Company National fire Insurance Company of Hartford ` o ak American Casualty Company of Reading,Pennsylvania Jay 31, SEAL tar Qs i Mary A.Rlbikawskis Assistant Secretary (Rev. 10/11101) State of CALIFORNIA County of LOS ANGELES On September 3,,2002 before me, Sandy banner - Notary Public Date NAME,TITLE OF OFFICER„'JANE DOE, NOTARY PUBLIC` personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( x ) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(a) whose name(o islAntsubscttbed to the within Instrument and acknowledged to me that WsheIAM executed the same in tdr/herlltic authorized capactty{f , and that by PWher signature{a) on the instrument the person(!t), or the entity upon behalf of which the personso acted, executed the instrument. SSANNDY HHANNER WITNESSy hand and offic seal. Commission•1362167 4, 0my Notary Pubk Los Angeks CM* StGNA E OF NOTARY Comm,=Jai 2.L20=01 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 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) {__._} LIMITED {�.} GENERAL NUMBER OF PAGES ( ) ATTORNEY-IN-FACT {.�..} TRUSTEE(S) GUARDIAN/CONSERVATOR (.._.} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS OR ENTITY(IES) American Casualty t omp ny of Reading, Penney)ma la SIGNER(S)OTHER THAN NAMED ABOVE Q,.i074Z6-� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. County of '�' � l ' OnL � before me, _ �N L �. e to Name and This of Ol9ow(a.g.,`Jana Doa,NutaN PubW personally appeared _- C_— Name(e)of 9lgnor(a). - ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personK whose nameW-is/are— subscribed to the within instrument and acknowledged to me that he/sheAhep executed the same in hisfhert etr authorized a _ � � - ca JANICET.KRUSE Paci ty4ie )r and that by his/heAheir Commission#131888 signaturW on the Instrument the personW,,or Notary Public-California the entity upon behalf of which the persart(ejr' Santa Clara County acted, executed the instrument. My Comm.Expire Aug 24,2005 NESS my hand and official seal. Al Signature of Notary Public OPTI Though the information below is not required by law,it may prove valuable to persons r@Vng on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document j Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ 1pdMdualTop of thumb here Corporate Officer---Title(s): 13 Partner—❑Limited ❑General ❑ Attorney-in-Pact ❑ Trustee ❑ Guardian or Conservator 13 Other: Signer Is Representing: 0 1888 National Notary Association•8850 De Soto Ave.,P.O.Box 2402•CAatswodh,CA 81313.2402•www.nationabotaty.org Prod.No.5807 Reorder.Call Toll-Free 1-906.9768827 �'� - } IIIIIIIIIIiIIIIIIIIIIIfIIIiIIIllIIillliilllll 1111 e,17 CONTRA COSTA Cc Recorder Office / STEPHEN L. WEIR Clerk-Recorder Recorded at the request of: DOC— 200 -00677354-00 Contra Costa County Board of Supervisors Wednesday, FEB 12, 2003 11:03:14 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0,00 Nbr-0001314655 Engineering Services Division 1 r C/f9 01—7 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 11, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO. 2003/ 90 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8131, San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements on Lilac Ridge Road,Jadecrest Court and Jadecres#Drive in Subdivision 8131 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of February 11,2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY September 21, 1999 American Casualty Company of Reading,PA. JC3:cw 0:\GrpData\EngSvc\B[71200312-11-031SUB 8131 BO-45.doc originator: Public Works(ES) Contact:Teri Ric(313-2363) I hereby certify that this is a true and correct copy of an action taken ec: Public works Accounting,Tax I.D.95-2578030 and entered on the minutes of the Board of Supervisors on the date Recorder(via Clerk},then PW Engineering Services p T--3-18-03 shown. Shapell Industries of No.CA Sam Worden&Steve Savage P.O.Box 361169 ATTESTED: FEBRUARY 11, 2003 Milpitas,CA 95035 JOHN SWEETEN,Clerk of the Board of Supervisors and County American Casualty Company of Reading,PA. 5820 Canoga Ave.,Suite 200 Administrator Woodland Bills,CA 91367 City of San Ramon Joye Fukuda ' /�_ 2222 Camino Ramon By ,�'�L.�t./ r ,Deputy San Ramon,CA 94583 s� RESOLUTION NO.2003/ 90 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Subdivision 8131, San Ramon(Dougherty Valley) area. (District III) DATE: February 11, 2003 PAGE: 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for $92,600.00 Bond No. 929097483 issued by the above surety be RETAINED for the six month lien guarantee period until August 11,2003,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements in Subdivision 8131 are ACCEPTED as complete.Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the$1,900.00 cash deposit(Auditor's Deposit Permit No.337456,dated September 7, 1999) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $27,495.00, Bond Number 929097483 issued by American Casualty Company of Reading, PA., be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/90 Executed in Triplicate SURA Subdivision 8131 Increase -Decrease Rider TO BE ATTACHED TO and form part of Bond Number .Q�Q��Z.�Q�..�.._...�.. issued by the American Casualty Company of Reading, PA _ _ as Surety,on behalf of Shapell Industries of Northern California,A Division of Shapeli Industries, Inc. of Milpitas, CA _ --•• ,hereinafter referred to as the Principai, and In favor of County of Contra Costa of Martinez, CA __.....-. . .._.. . .. �. ...-.. ............... . ........ .. .,. ....� hereinafter referred to as the Obilgee,effective the 31 st_ .day of. August, 1999 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration It Is understood and agreed that effective the--lEt day of October , 2002 ,and subject to all the terms, aonditlons and limitations of the attached bond, the penal sum thereof shat)be and the same Is hereby decreased from the sum of One Hundred Eighty Three Thousand Three Hundred NO/100 (Performance Only,}, l`went even Thousand Four Hundred Nine Me N 100 PDollars anc iQEIQ.Al7� )" to the sum of ... ...-- Ninety t Dollars( $27.495.00 IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aaggregate 11 of the Surety for any lose occurring prior to said date shall not exceed the urs of One HHundred Elq ty Three Thousand Three Hundred NOV/104 (Performance Only) Dollars( $1 S'1," 00.00 ) or for any loss occurring subsequent to said date shall not exceed the sum of Twenty Seven Thousand Four Hunared Ninety Five NO/10D (Performance Only) Dollars( 9; Z QQ__ ,). In no event,however,she#the aggregate liability of the Surety auveed the larger of the aforementioned auras, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DATED this - 3rd day of September_ , 2QQ2,. Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (Principal) 13 : s �'�' Seal V As—cs}-. V' G - t;�d t, American Casualty Company of Reading, PA (Surety) (Seal) SUR-23169-D Pamela L. Stocks Attomey-in-fact c '/- f.' Oji POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called "the CNA Companies*), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A. Hall,Sandra V. Hanner,Individually,Individually Of Sherman Oaks,California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf. bonds,undertakings and other obligatory instruments of similar nature -®In Unlimited Amounts— and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 25th day of June,2002. Continental Casualty Company oa�r►a�t �,wp�o National Fire Insurance Company of Hartford JIkY 11, American Casualty Company of Reading,Pennsylvania v SEAL `e 1887 Michael Gengier Group Vice President State of Illinois,County of Cook,ss: On this 25th day of June,2002,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation described in and which executed the above Instrument;that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of sold corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. --------------------- "OFFICIAL SEAL" , DIANE FAULIKNER Notary Public,State of Illinois My Commission Expires 9/17/05Vcu' enLt.-""`a� - M Commission Expires September 17,2005 Diane Faulkner Notary Public . CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attomey herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on ttmrree nese hereof is still iq forCa.Ip testlmony whereof I have b unto subscribed my name and affixed the seal of the said corporations this day of GU Continental Casualty Company ooWoiuT* National Fire Insurance Company of Hartford �o at American Casualty Company of Reading,Pennsylvania SEALAKY3rr �` 1887 Mary A.Ribikawskis Assistant Secretary (Rev. 10/11/01) State of CALIFORNIA County of LOS ANGELES On _ September 3, 2002 before me, Sandy Banner - Notary Public Date NAME, TITLE OF OFFICER., "JANE OOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) ( X ) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the persona.) whose name(*ishiffinubscribed to the within instrument and acknowledged to me that ttbldshelift executed the same in hWher/Oft authorized capacityogsE and that by XWher signature(s) on the instrument the person(III), or the entity upon behalf of which the person(so acted, executed the Instrument. SAM-YHANNER WITNESS y hand and o 1 seal. Canmiasion#138215! yy�� .. Nr twy -Ca nim fCounty SIGNA RE OF NOTARY F.gku Jul 2,2005 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 (.�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�) PARTNER(S) (�) LIMITED GENERAL ( ) ATTORNEY-IN-FACT NUMBER OF PAGES (�) TRUSTEE(S) ( ) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE Q-107ate.8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On C = before me, -•� i131 `< '--_- gate Name and?"ftN of Officer{e.8.,"Jane Doegpf.$itaflrl personally appeared - 5 �'°`- a E\ 0 Neme)e)of ftnar(s) ' ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personj*`whose name(or is/afe- subscribed to the within instrument and acknowledged to me that he/shef{they-executed the same in his/Sei0their- authorized - i capacity(W4, and that by his/he#their signatureKon the instrument the person( , or 6ComrWoolon 01318697 the entity upon behalf of which the persory( r Notary public-California acted,executed the instrument. Santa Clara County MyC*m.8*wAug24,2W5 NESS my hand and official Bal. Signature of Notary PubAc OPTIONAL Though the information below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: � e=�4I L Document Date: Number of pages: Signers}Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ 11pdividualTop of thumb here Corporate officer—Title(s): t_ Partner--❑Limited ❑General ❑ Attorney-in-Fact • Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: ` - - tJ jc'�' 0 M Natbnat Nohry Aseoelabon•8354 De Soto Avo.,P.O.Box 2402•Chatsworth,CA 91313.2442•www.natlonalnotery.otg Prod.No.5907 Pieorder.Call Toff-Proo Y-0D0476.0527