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Home My WebLink AboutMINUTES - 02042003 - C11-C13 _. ......_..........._......__.. ..... .. ......... ............ _........ ......... ......... ......... ......... .............. _. ................. ........_._.....-_..._. ......... ......... .......... CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC— 2003-0055916-00 Contra Costa County Wednesday, FES 05, 2003 06:36:36 Board of Supervisors FRE $e.00 Return to,. Public works Department Tt l Pd $0,00 Nbr®0001301839 Engineerng Services Division Ire/R9/1-2 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 4, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND OESAvILNIER LADES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO. 2003/ 60 SUBJECT: Accepting completion of private improvements for Subdivision 5431, Brentwood area. (District IIIA The Public Works Director has notified this Board that the private improvements(Lookout Point Loopy in Subdivision 8431 have been completed as provided in the Subdivision Agreement with Hof amn Land Development Company,heretofore approved by this Board in conjunction with the filing of the Subdivision Map, PE:ow G:\Gr3Data\EngSvc\BO\200J\2-04-03\SUB 8431 BD-45.doc Originator: Public works(ES) I hereby certify that this is a due and correct copy of an action taken Contact: Rich r ierly(313-2345) and entered on the minutes of the Board of Supervisors on the date M. Public works Accounting,Fed Tax I.D.68-0419482 or shown. State Tax I.D.C2119258 T.Hell,Construction Div. P.Edwards,Engineering Services ATTESTED: FEBRUARY 04, 2003 -H.Finch,Maintenance Div. JOHN SWEETEN,Clerk of the Board of Supervisors and County I.Bergeron,Mapping Div. Administrator _M.Valdez;M&T lab Recorder(via Clerk),then PVA Engineering Services { Sheriff' atrol Div.Commander CHP,c/o AIF�'` G CSAR–Carog By— - Deputy T–8-04-03 Hofmann band Development Company 1383 Galaxy way Concord,CA 94520 The American.Insurance Company One Market Plaza Spear Street Tower San Francisco,CA 94111 RESOLUTION NO.2003/ 69 ................I........I......-,''''I'll ................................................................................................. SUBJECT: Accepting completion of private improvements for Subdivision 8431 Brentwood area. (District RD DATE: February 4,2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the private improvements have been COMPLETED as of February 4, 2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT INAM- E OF BAN /SURETY October 2, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$181,650.00, Bond No. 11141714193 issued by the above surety be RETAINED for the six month lien guarantee period until August 4,2003,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 there is no warranty period required, and the Public Works Director is AUTHORIZED to REFUND the $3,700.00 cash security for performance (Auditor's Deposit Permit No. 374249,dated September 12,2001)plus interest in accordance with Government Code Section 53079,if appropriate,to Hofmann Land Development Companypursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required, and the surety (performance)bond is EXONERATED. RESOLUTION NO. 2003/69 _...... ......_.. ......... ......... ......... ....... ........ .......__.. . ......... ......... ......... ......... ......... ......... ................ .. _....._.. _ ......... .. ....... ......... ......... CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC— 00 0055917-00 Contra Cosa County Board of Supervisors Wednossday,, FES 05, 2003 09:38:41 Return to: FRE $0,00 q, � q Pub's;c Works Department Tt I Pd $0,00 Nbr-OR@1301841 Engineering Services Division. i r c f R S/1-2 Records Section THE BOAS! OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 4, 2003,by the following vote: AYES SUPERVISORS GIOIA, UILKEMA, GLOVER AND BESAvLNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: 1014E RESOLUTION NO. 20031 70 SUBJECT: Accepting completion of private improvements for Subdivision 5433, Brentwood area. (District HI) The Public Works Director has notified this Board that the private improvements (Castle Rock Loop) in Subdivision 13433 have been completed as provided in the Subdivision Agreement with Hofmann band Development Company,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. PE:cw G:\GmDa*.a\EngSvc\ 0)\2003\2-04-03\SUB 8433 BO-45.doc Originator; Public Works(ES) I hereby certify that this is a true and correct copy of an action taken Contact: Rich Lierly 1,313-23483 and entered on the minutes of the Board of Supervisors on the date cc: Public Works Accounting,Fed Tax I.D.68-041-9482 or shown. State Tax'.D.C2118258 T.Bet?,Construction Div. 1E8$ rt4RY Q4 �(,' P.Edwards,Engineering Services ATTESTED: s -H.F'rlc1,Maintenance Div, JOAN SWEETEN,Clerk of the Ford of Supervisors and County -I.Bergeron,Mapping Div. Administrator -M.Valdez,M&T Lab Recorder(via C3erk),then PW Engineering Services , Sheriff-Patrol Div.Commander CHP,c/o AI By X ,f'� aWa ,Deputy CSAR—Cartog w T—8-04-03 Hofmann 1a d Development Company 1380 Galaxy Way Concord,CA 94520 The America.,insurance Company One Market Plaza Spe Lr Street Tower San Francisco,CA 4411'_ RESOLUTION NO.20031 70 E SUBJECT: Accepting completion of private improvements for '%Subdivision 8433, Brentwood area. (District III) DATE: February 4,2003 'AGE, 2 NOW 'THEREFORE BE IT RESOLVED that the private improvements have been COMPLETED as of February 4, 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 BANK/SURETY April 16, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$195,950.00, Bond No. 11133612025 issued by the above surety be RETAINED for the six month lien guarantee period until August 4, 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 there is no warranty period required, and the Public Works Director is AUTHORIZED to REFUND the $3,900.00 cash security for performance (Auditor's Deposit Permit leo. 378659, dated.December 12,2001)plus interest in accordance with Government Code Section 53079,if appropriate,to Hofmann Land Development Company pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required, and the surety (performance)bond is EXONERATED. RES011UTION NO. 2003✓70 _. _... _. _. ._. _ _. _. .. __. THE BOARS OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 4, 2003,by the following vote: AYES- SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA. GERBER ABSTAIN: NONE RESOLUTION NO. 2003/ 71 SUBJECT: Accept updated tax lettered tax surety bond for Subdivision 8646,being developed by Western Pacific Housing,Inc.,San Ramon(Dougherty Malley)area.(District III) BACKGROUND: The Final Map and Subdivision Agreement were approved on January 14, 2003, by the Board. of Supervisors per the attached Beard Resolution. The Final Map was released for recordation upon the submittal of the updated tax letter and tax surety by Western Pacific Housing, Inc., to the Public Works Department on January 15, 2443. I. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full and the 2003-2044 tax lien,which became a lion on the first day of January 2003, is estimated to be $284,300.40, with security guaranteeing payment of said tax lien as follows: 0 Tax Surety Bond Company: Fidelity and Deposit Company of Maryland Bernd dumber: 08065289 Date: January 14, 2003 Amount: $284,304.00 Principal: Western Pacific Housing, Inc. LT:cw I hereby certify that this is a true and correct copy of an action G:\C-liData\:sgSvc\BO\200312-04-03\SUE 8646 BO-21.doc Originator:Public Worcs(ES) taken and entered on the minutes of the Board of Supervisors on Contact: T.fie(31-3-2363) the date shown. cc: public Woes-T.Bell,Construction CUrrent Fiannnn&Conununi-ty Development T-11-14-03 Western Pacific dousing,Ire. r 6658 Owens Drive ATTESTED: FEBRUARY 44, 2003 Pleasanton,CA 94588 JOHN SWEETEN,Clerk of the Board of Supervisors and Fidelity and Deposit Company of Maryland County AdministratorJeff Willis One leers Center 4010 Boyscout Blvd.,Suite 600 , Taxrpa,FL 33607 By �_ . ,Deputy RESOLUTION NO.2003/ 71 ......._. 1111.... __ ........ ...................__.... ................... SUBJECT: . ............................................................................................ SUBJECT: Accept updated tax letter and tax surety bond for Subdivision 8646,being developed by Western Pacific Mousing, Inc., San Ramon(Dougherty Malley) area. (District 111). DATE: February',4, 2003 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Public Warks Director accepted the updated tax letter and tax surety to satisfy the Conditions of the attached January 14 2003,Board Resolution. RESOLUTION NO. 2003/71 FATCO$42 8645 TaxCollector's Office William J.Pollacek 4) 625 Court Street Contra County Treasurer-Tax Collector Finance Bu'!Iding,Room 100 P.0,Box 631 €ussell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 1/14/2003 IF THIS TRACT IS NOT FILED PRIOR TO TIME DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract l MS# city 6646 SAN RAMON 66363 Parcel#f: 223-100-011-4 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 20102-2003 tax lien has been paid in full. Our estimate of the 2003-20004 tax lien, which became a lief on the first clay of January, 2003 is $284,300.00 This tract is not subiect to a 1915 Act Bond. If subject to a 1015 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector A By: 4 ° 3 MAL Howie 710t >: AT k Fidelity and Deposit Company of Maryland One Metro Center # 4010 Boscout Blvd., Suite 6003 ftoodat Ca 049MC""111. Tampa, 336017 s4a`a +66.g ftoft 8 P25y�A { OM Phone: (813)873-2055 TAT h>>r- I Bond k01106-5289 RNA p Y �YGi� 6 1716 E THATa ''prin0f and F 1delat 2 pe osit Com a. of far;1ant3 ,a corporation organind and existing UrAier ft itw4 of the State of maryland , and Awthorind to transact sutely busi s in California as Surety at hold and flunly bOUnd unto the County of—Contra Cotta---jitate of California,In the portal sum of to be paid to sa County of CgRULCMIA for tho psyment.of which Will IM4 trWy be m at:d each of us based ourtelvet,out heirs, executors.administmars, successors,jointly and severally,#lrrAly by thaw pmsats. Sca,led with our Sams and dated th! � dais of ani art' a IU conditiOal of the above oft IS S h that WHEREAS,ft eve bounded principal is about to fila a oup entitled- and Covaing a subdivision of a tarot sof l in said County of CMjm Qs and tMm am awala liens fot axes and special amssinents collected as txxM Agairiat dans sald tmt of laud covemd by.said map.which tAXOS and atrial asses rats collected;as t4xcs,to not as ye due_ or payable. NOW,THEREFOM if the sed fftet&x1tall lay all of the tarda and special its collected as Mae which area lien against Said tract of land covered by said MP,At the tiMO of the filing Of staid Map Of said tract,thion this obliption andli be void Of no effect,Otha> it shall YOMAIn in fill fbM and affect. westam P,6 HMing-Windemeo,LLC F de4ey and Deposit Colpany of Maryland A Mlawaft fimwd lability company a ; Kimb 1 A. Z vera ieAttorney-In-Fact ffss ty a r C o .'f� 1 i s of Florida ?65Q� p, rtney Campbell Cswy., #924 (natuy saknowledgenwaattic ) Tampa, FJ 336017 inquiries: (813) 281-2095 BOND CONTRA COST.CLT NTy TRE GLUCT BY taf f ` 1{ _....... ......................................................... ..................................... ACKNOWLEDGEMENT SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH H SS. On this '14th day sof January, 2003 before rte, personally came Kimberly Aa Tavernier, who is personally known to me (car proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-1n-Fact on behalf of Fidelity and Deposit Company of Maryland, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, l have signed and affixed my official seal on the date in this certificate first above written, ,f. Signature e : �$ S <'✓3e.3 '� n MRS .sr,acL;Q`} 't?Rte,rt,-^'7c Y'rA'hfi'it:Ri"£i,�%'•4� E This area for Official Notarial Seal t i I' CERTIFICATE OF ACKNOWLEDGMENT i E E E STATE OF CALIFORNIA COUNTY NTY OF ALAMEDA On January 15, 2002 before me, Wanda Lawrence, a Votary Public in and for said State personally appeared Richard P. Ambrosini, personally known to ane (or proved to me on the basis of satisfactory evidence) to be the' person whose name is subscribed to the within ! instrument and acknowledged to me that he executed the sane in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WITLESS my hand and official seal. s i*Fatary t'ublic is and for:said�`oua#y anr�State WANDAOAMMA LAWRO� LW # 1 A AAM_ N ; F DA COVAM Wanda_Lawrence t0; (Notary's name must be typed or legibly printed) j ( [rotary Stamp or Seal] E y s I i i r E e Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 K SB ICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY 'THESE PRESENTS: That the FIDELITY ANIS (DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint James W. Dunn,David He Garr, Kimberly A. Ta ernier, Lllid J. Meyer and Anett Cardinale,all of Tampa, Florida, EACH its true and lawful agent and Attorney-i to make te,seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all boards an rtaicings e execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon s mpany, and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the reelected rs of the Company at its office in Baltimore, Md.,in their own proper persons. This power of attorne es that on behalf of James W. Dunn, David H. Carr, Minna Ramos,Denise Taylor,and Kimberly A. Waller EDctobe 00. The said Assistant Secretary does hereby cert'. t the ex forth on the reverse side hereof is a true copy of Article 411, Section 2,of the By-Laws of said Company; . now in fa IN WITNESS WHEREOF, the said Preside � Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the s IDELIT D' DEPOSIT COMPANY OF,MARYLAND, this 26th day of November,A.D.2002. (� ATTEST: ` FIDELITY AND DEPOSIT COMPANY OF MARYLAND ti By: T E. Smith Assistant Secretary Paul C Rogers Dace President State of Maryland Country of Baltimore ss' Can this 26th day of November, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PALL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to erre personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 0(eo-- eg—a ' Carol a Fader Notary Public My Commission Expires: August 1,2004 POA-F 031-3190 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2. The Chairman of the Board,or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specialty authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements,deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,.-and to affix the seal of the Company thereto." CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the ssaid Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2,ofthe By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duty called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a -certified copy of any power of attorney issued by flie Company, shall be. valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I�ave hereunto subscribed my name and affixed the corporate seal of the said Company, 1h 2003 this 14� day of Assistant Semiary THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this resolution on January 14, 2003,by the following vote: AYES. NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2003/ SUBJECT: Approval of the Final:dap and Subdivision Agreement for Subdivision 8646,being developed by Western Pacific Housing, :Inc., San.Ramon(Dougherty Malley) area. (District 1H) The following documents were presented for Beard approval this date: I. Map The final map of Subdivision 8646,property located in the San Ramon(Dougherty Valley)area,Supervisorial District M, said map having been certified by the proper officials. 11. Subdivision Agreement A subdivision agreement with Western Pacific Housing,Inc.,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 tree and correct copy of an action LT:cw taken and entered on the-minutes of the Board of Supervisors C-:1GfpData�ngSvctBO1200211-:4-03\Sub 8646 B^-21.doc on the date shown. Originatar:Public Works(ES) Contact. T.Rie(313-2363) ATTESTED: cc; Pnb°sic works—T.Bell,Comstruction JOHN SWEETEN,Clerk of the Board of Supervisors and Current5'7-03 g,co�,.cy Developrnert County Administrator Western Pacific blousing,h1c. 6658 Owens Drive Pleasanton,CA 44588 Attn:Bruce Brennan By Deputy Safeco insurance Cornpny Of America 2055 Sugarloaf Circle Duluth,GA 30097 Attn:1'i.-nberly A.Tavernier RESOLUTION NO.2003/ SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8646, being developed by Western Pacific Housing, Inc., San Ramon(Dougherty Valley) area. (District III) DATE: January 14, 2003 PAGE 2 A. Cash Bond Performance amount: $12,900 Auditor's Deposit Permit No. 395897 Date: November 13, 2442 Submitted by: Western Pacific Dousing,Inc. Tax ID umber: 95-4879656 E. Surety Bond Band Company: Safeco Insurance Company of America Bund�;€tuber: 6187284 Date: November 5, 2002 Performance Amount: $1,271,000 Labor&Materials Amount: $641,954 Principal: Western Pacific Housing, Inc. III. Tarr Letter The letter from the County Tax Collector stating that there are no unpaid County taxes was valid through December 31,2442.Western Pacific Housing shall obtain an updated tax letter indicating the status of any tax liens against this property for the remainder of 2002-2003 tax year and provide security,if required,within 24 days of this date. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is IDETE%MIN. EID 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. 4. The Public Works Director is directed to hold recordation.of the Final Map until such time as the updated tax letter and necessary security is submitted by Western Pacific Housing to the Public Works Department.If the tax letter is not submitted to the Public Works Department within 213 days,theca the Public Works Director shall bring the approval of the Final Map back to this Board for recision. All deposit permits are on file with the Public Works Department.