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HomeMy WebLinkAboutMINUTES - 01142003 - C2-C4 OL CONTRA COSTA Co Recorder Office 200 DOC— L3C�0021198-00 Recorded at the request of: "" """ Contra Costa County Wednowda;y,, JAN 15, 2003 10:13:51 Board of Supervisors FIRE $0.00 Return to. Public Works Department Tt 1 Pd $0,00 Nbr-0001263%8 Engineering Services Division Records Section 1 r c/R 9 1 1 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 14, 2003, by the following vete: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: None ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 26 SUBJECT: Accepting completion of improvements for Subdivision 7796/7980,San Ramon area. (District IIT) The Public Works Director has notified this Board that the improvements in Subdivision 7796/7980 have been completed as provided in the Subdivision Agreement with Shapell industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JG:cw T hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2002\I-14-03\ SUB 7796-7980 BO-45.doa action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact; Teri Rie(313-2363) cc. Public Warks -952578030,Accounting ATTESTED: JANUARY 14, 2003 -T.Bell,Construction Div. JOHN SWEETEN, Clerk of the Board of Supervisors -M.Valdez,M&T Lab. and County Administrator -L Bergeron,Mapping Div. Recorder(via ler ,then PW Engineering Services J.Fukuda,City of San Ramon a7 2222 Camino Ramon San Ramon,CA 94583 ByD er)uty S.Savage&S.Worden c% Shapell Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 American Casualty Company of Reading,PA 21650 Oxnard Street,Suite 760 Woodland Hills,CA 91367 RESOLUTION NO.20031 26 SUBJECT: Accepting completion of improvements for Subdivision 7796/7980, San Ramon area. (District III) DATE: January 14, 2003 PACE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 14, 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 BANWSUR> TY October 14, 1997. American Casualty Co.of Reading,PA BE IT FURTHER RESOLVED the payment Tabor and materials) surety for $2,985,500, Bond No. 158774790 issued by the above surety be RETAINED for the six month lien guarantee period until July 14, 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 N. Chanterella Dr., Rosincress Dr., Conna Way, Sorrelwood Dr.,Sorrelwood Ct.,and S. Cate Ridge Rd., the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 7796/7980 filed October 29, 1997,in Book 395/396 of Maps at Page 8 and 47, Official Records of Contra Costa County, State of California, are ACCEPTED as complete. Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Lengths(Miles) N. Chanterella Dr. 40'/64' .030 Rosincress Dr. 40'/64' .011 Canna Way 36'/56' —40'/64' .001 Sorrelwood Dr. 36'/56' .038 Sorrelwood Ct. 36 /56' .018 S. Gale Ridge Rd. 58'/82'—40'/64' .021 Bollinger Canyon Rd. Varies .060 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $57,300 cash deposit(Auditor's Deposit Permit No. 294281, dated April 24, 1997)and additional$2,400 cash deposit(Auditor's Deposit Permit No. 302256,dated September 30, 1997) made by Shapell Industries of No. California and the performance/maintenance surety bond rider for$886,700,Bond Number 158-774-790 issued by American Casualty Co.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. 2003/26 Executed in Triplicate SURErY Tract 7796/7980 Gale Ranch Increase-Decrease Rider TO BE ATTACHED TO and form part of Bond Number ..,.. .. 158 774 790 _ 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€7r'mcipal,and in favor of County of Contra Costa of_ ...,Martinez,CA� ._..,_. . .,..... . .. ,. ..... ___...w... , , _... .... ., __..._. .. Y. .. hereinafter referred to as the Obligee,e€fective the 2 th day of eptember0997i IN CONSIDERATION of the premium charged for the attached bond and other goad and valuable consideereton it Is underrsfood and agreed that effective the 22nd -- _ day of October , 2002 ,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shag be and the sante is hereby decreased from the Burn of Five Million Nine Hundred Eleven Thousand Three Hundred and no/100 (Performance Only) _.__.. Dollars( $5,911,300.00 ) to the sumo# .�E, ht Hundred Eight Six Thousand Seven Hundred and no/100 !Performance C)nlvi _ Dollars( $886,700.00 ). IT Is FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the at#ached band, theregate liability of the Surety for any lose occurring prior to sept date shall not exceed the urt of Five !Ilion Nine Hundred Eleven Thousand Three Hundred and no/100 ( r: ormance Only) . _. . w._._.a_• _ ..._._.... �.Dollars( $5,911,300.00 } or for any loss occurring subsequent to said date shall not exceed the sunt of Eight Hundred Eishty,Six Thousand Seven Hundred and no/100 (Performance Only Dollars(1 3700.0Q—„�- �. In no event,however,shalt the aggregate#ability of the Surety B eed the larger of the aforeme€ttionerdd sums, It being the Intent hereof to preclude cumulative tlabgity. SIGNED,SEALED AND DATED this 28th day of October 2002 Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (PrincI al) B B Seal) PAX WJSJ PJAa 1 American Casuai Company of Reading,PA I (S r SUR-23169-D Pam6la 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.Malt,Sandra V.Hanner,Individually,Individual) 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 Vice President and their corporate seals to be hereto affixed on this 25th day of June,2002. G +l tti 0 cv Continental Casualty Company meg 040Fo National Fire Insurance Company of Hartford I:7 1° A American Casualty Company of Reading,Pennsylvania 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,whir;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 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. V*OFFICIAL SEAL" . DIANE FAULKNER Notary Public,$tote 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 Dower of Attorney herein above set forth is still in force,and further certify that the Ely-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 28th day of -tctbex _ 2{} 2 � t�1� ttt5ttq �°s' Continental Casualty Company �, »eareoNational Fire Insurance Company of Hartford at American CasualtyCompanyof Reading,Pennsylvania 31, Mary A.Ribikawskis Assistant Secretary (Rev. 10111101) Authorizing By-Laws and Resolutions ' ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX---Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article 1X of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal skull be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. ' "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President, an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adapted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On October 28 2002 before me, Sandy Banner - Notary Public Date NAME. TITLE OF OFFICER- "JANE DOE, NOTARY PUSLIC" 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(*IS/Am(subscribed to the within instrument and acknowledged to me that Wshe executed the same in bdWherttxtc authorized capacity(ierl, and that by i Iwher/W signature($) on the Instrument the person(), or the entity upon behalf of which the person(* acted, executed the instrument. WITNES my hand and o ' seal. 5ANOY BANNER _ Commission#1362157 �m Notary Public-California SiC3NA ftE OF NOTARY Loa Angeles County My Comm.Expir"Jul 2,2UQB 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 TYPEOF 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 Casual t CSC any of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE 0-107128-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' ss. County of __ _ _�. ��--C'► On before me, Date t� Name and Title of Officer(e.g.,"Jana Doe,Notary Public") personally appeared MAR� Name(s)of Signar(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -+Aare subscribed to the within instrument and acknowledged to me that he4hefthey executed the same in their authorized JANICE T.KRUSE capacity(ies), and that by lat0%,rAheir Commission#1318697 Z signature(s)on the instrument the person(s), or Notary Public-California f. the entity upon behalf of which the person(s) Santa Clara County r acted, executed the instrument. MY Comm.F—V ims Aug 24,2005 ITNESS my hand and offic` i seal, Signature of Notary Public OP AL 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 Documentic"IC t` "t h 9 c,(a, Title or Type of Document: . N Document Date: D_�i a 2— Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual ` top of thumb Here ,'corporate Officer---Title(s): S t ST. V Q ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ (guardian or Conservator ❑ Other: ` Signer Is Representing: ..__) -1-L- -� ''L -a 0 7949 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402"www.nationalnotary.org Prod.No.5907 Reorder:Call Tait-Free 1.800-876-6827 C.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 14, 2003 by the following vote: AYES: Supervisors Gioia, Uilkema, Gerber, Glover and DeSaulnier NOES: None ABSENT: None ABSTAIN: None 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) Amendments to Section III and IV as follows: Replace Section Ili language with the following: The letter from the County Tax Collector stating that there are no unpaid county taxes was valid through december 31, 2002. Western Pacific Housing shall obtain an updated tax letter indicating the status or any tax liens against this property for the remainder of 2002-2003 tax year and provide security, if required, within 20 days or this date. Add Section IV to read as follows: 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 20 days, then the Public Works Director shall bring the approval of the final map back to this Board for recision. The following individual spoke and expressed agreement to the above changes to the tax letter. Glenn Brown, Western Pacific Housing 6653 Owens Drive, Pleasanton, CA 94588 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. Attested: January 14, 2003 John Sweeten, Clerk of the Board Of Supervisors and CountyAdministrator By: h= F �` Deput�Clerk THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 14, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER, AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 27 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 M) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8646,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III, said map having been certified by the proper officials. U. 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 true and correct copy of an action taken and entered on the minutes of the Board of Supervisors LT:cw on the date shown. G:\GtpData\EugSve�BO\2002\1-14-03\Sub 8646 130.21.doc Originator:Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: JANUARY 14, 2003 cc: Public Works-T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and Current Planning.Co--ay Devekrlrrneat County Administrator T—113.17-03 Western Pacific Housing,Inc. 6658 Owens Drive Pleasanton,CA 94588 Attn:Bruce Brennan By Deputy Safeco Insurance Company of America 2055 Sugarloaf Circle Duluth,GA 30097 Atte:YChriberly A.Tavernier RESOLUTION NO.2003/27 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. 39589'7 Date: November 13, 2002 Submitted by: Western Pacific Housing, Inc. Tax II)Number: 9544879656 B. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number: 6187284 Date: November 5,2002 Performance Amount: $1,271,000 Labor&Materials Amount: $641,950 Principal: Western Pacific Housing, Inc, M. Tax Letter The letter from the County Tax Collector stating that there are no unpaid County taxes was valid through December 31,2002.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 20 days of this date. 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. 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 20 days,then 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, RESOLUTION NO. 2003/27 REQUEST TO SPEAK FORM (THREE (3) MV4UTE LIMIT) PLEASE PRINT LEGIBLY Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Dame: ' J l t Phone 9 -5 -.2S- -w , - . , Address: 5 PV-' C ty a Zip Code: '.' -5-SS I am speaking for myself_ or organization: —7"2 P, AJ t�A C 1 F t e /Iio v T) (name of organization) CHECK ONE: I wish to speak on Agenda Item# G Date. f I er - 01� Ivry Comments will be general for against �I wish to speak on the subject of I do not wish to speak on the subject but leave these comments for the<boar&to consider: _..__. . _.. .. __...... ........._.. .. ... ........ ......... ..__.. ...... ........ ........ ........ ........ ........ ........ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 14, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER, .AND D1SAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/ 27 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 M) The following documents were presented for Board approval this date:' L Map The final map of Subdivision 8646,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Western Pacific Housing,Inc.,principal,whereby said principal agrees to complete all improvements as rewired 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 LT:ew G:\GapBata\EngsvclTsa\2002\1-14-03ls,ib 8646 F3o-2l.aoc on the date shown. Originator:Public Works(ES) Contact: T.Rie(313-2953) ATTESTED: JANUARY 1.4 2003 W. Public Works-T.Bell,Construction JOAN SWEETEN,Clerk of the Board of Supervisors and Current Planning,Community Development T—10-17-73 County Administrator Western Pacific Housing,Inc. 5658 Owens Drive Pleasanton,CA 94588 Attn:Bruce Brennan Byzi� ,Deputy Safeco Insurance Company of America �J 2055 Sugarloaf Circle Duluth,GA 30097 Attn:Kimberly A.Tavernier RESOLUTION NO. 2003/27 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, 2002 Submitted by: Western Pacific Housing, Inc. Tax ID Number: 95-4879656 B. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number: 6187284 Date: November 5, 2002 Performance Amount: $1,271,000 Labor chi Materials Amount: $641,950 Principal: Western Pacific Housing, Inc. III. Tax Letter The letter from the County Tax Collector stating that there are no unpaid County taxes was valid through December 31,2002.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 20 days of this date. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: I. 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. 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 20 days,then the Public Works Director shall bring the approval of the Final Map back to this Boardfor recision. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/27 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivisions SUB 8646 Principal. Wi=s t p r n Par i f; r Ij n i i cz7 no, T n c Effective Date: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL ` Maurice M.Shiu,Public Works Director By. (Signature) (PriftY nwrn&rule) oor RECOMMENDED FOR APPROVAL � l�• � �� By: (Signature) Engineering 1w+'ervicps ivision (Print natrte&title) FORM APPROVED: Victor J.Westrnan,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 by the Conditions of Approval for this development and generally as shown on 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 manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 12.900.00 cash,plus additional security,in the amount.$ 1.271.000;00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. K 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:$ 641.950.00which is fifty percent(5010)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 held as 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(])year from and after,the Board of Supervisors accepts the work as complete,in accordance with Article 9646,"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 private improvements,which are not to be accepted by the County. 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 charges may be 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 harmless 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 districts,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 causingliability 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 all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 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. Il. 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. 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 6A 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. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance. RL:1D:Wd/m GAGrpDeiaEgSvcTornu\A.G woRMAG•30.dac Rev. Ca6ber23,.202 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of_.. _ L-/� �N111 OPTIONAL SECTION County of_ _zy 6�/� CAPACITY CLAIMED BY SIGNER On before me, 1#+rtr`1 L flfJ/GP JV f r / 1.� !Yj+' Though statute does not require the Notary to fill in DATE NAME,TITLE OFCEF�R E.G.,"lA E,NO3ARY PU9t tC" thg date I)Elpiy,doing so may prove invaluable to �t `_�--�y persons relying on the document. personally appeared �,�� � �• {.�'���,C�1'��/Cr NAME(S)OF SIGNER(S) INDIVIDUAL personally known to me,and acknowledged to me that such corporation executed the within CORPORATE OFFICER(S) instrument pursuant to its by-laws or a resolution of its Board of Directors TITLES) OR proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are PARTNER(S) LIMITED subscribed to the within instrument and acknowledged to me that he/she/they executed the GENERAL same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the ATTORNEY-IN-FACT instrument the person(s)or the entity upon behalf of which the person(s)acted,executed TRUSTEE(S) the instrument GUARDIAN/CONSERVATOR WANDA LAWRENCE t WITNESS my hand and official seat, OTHER: COMMISSION 130+028 ep SIGNER IS REPRESENTING: NoTAYtY Pt SUC-CALIi`C RNIA I NAME OF PERSON(S)OR ENTITY(IES)} AtAMEDA COUNTY My W f t OVA.WAY 10,21105 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. 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. IL SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (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." x�„tw G\GTData\FtrgSvc anti.\WORD FORMSWLL PURPOSE NOTARY.,hu Rev-August 1,2001 CERTIFICATE OF ASSISTANT SECRETARY Western Pacific Housing-Windemere,LLC., a Delaware limited liability company By LAMCO Rousing, Inc., a California Corporation its Managing Member The undersigned hereby certifies as follows: I. He is a duly elected, qualified and acting Assistant Secretary of Lamco Housing, Inc., a California corporation (the "Company") is familiar with the facts herein 'certified and is duly authorized to certify the same. 2. The Board of Directors of the Company consists of one director. 3. The following is a true, correct and complete copy of the resolution related to the subject matter as adopted by the Consent of Sole Director of the Company dated November 7, 2002 (the "Resolution"). The Resolution has not been amended, rescinded or modified and remains in full force and effect as of the date hereof. Election of Vice President and Division President RESOLVER, that Edward A. Galigher is hereby elected to the office of Vice President of the Company and Division President (the "Division President") of the Company's Bay Area Division (the "Division"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED FURTHER, that the Division President is hereby authorized and empowered, in the Division and in the name and on behalf of (A) the Company, (B) any partnership of which the Company is a general partner or agent, and (C) any limited liability company of which the Company is a member or agent (collectively the "Entities"), (i) subject to written approval by any one of the following officers of the Company: a) Chairman of the Board, b) Vice Chairman, President and Chief Executive Officer, c) Executive Vice President, Treasurer and Chief Financial Officer, or (d) the Region President of the Division (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Entities and (iii) to execute and deliver office and model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities'business,the Division President is hereby authorized and empowered,in the name and on behalf of the Entities in the Division, to execute and deliver (i) contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real properly, (ii) home sales contracts, sales person employment agreements and similar or equivalent agreements,documents or instruments and (iii) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER,that in connection with the management of the Entities' business in the Division, the Division President shall be authorized and empowered,in the name and on behalf of the Entities in the Division,to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. IN WITNESS WHEREOF, the undersigned has set his hand on the 9`"day of December, 2002. Paul W. $uchschacher, Assistant Secretary U.UTEWAL7WIn1L4MCO102DecO9-CIJAS.wpd c�i AMB �C' {,r i. v '{ FirstAmerican .Title Insurance Company www.firstam.com • NYSE:FAF January 17, 2003 Clerk of the Burd 651 Pine St.,Room 106 Martinez, CA RE: Subdivision. 8646 FATCO# 570931 Per your request, enclosed are copies of the portion of the above referenced subdivision map pages where the assessor number was corrected. If you have any questions or if we may further assist you,please call. Very truly yours, FIRST AMERICAN TITLE GUARANTY COMPANY Barbara Pinto Subdivision Officer 1355 Willow Way, #100, Concord, Ca 94520 925-356-7025 Fax 925-671-9471 _.. SUBDIVISION 8646 SHELBOURNE BEING A SUBDIVISION OF LOT 11, SUBDIVISION 7976 RECORDED IN BOOK 436 OF MAPS, AT PAGE 29 CONTRA COSTA COUNTY RECORDS, CONTRA COSTA COUNTY, CALIFORNIA CARLSON, BARBEE & GIBSON, INC: CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON, CALIFORNIA NOVEMBER, 2002 WESTERN PACIFIC HOUSING-WINDEMERE LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: WESTERN PACIFIC HOUSING-WINDEMERE LLC, A DELAWARE LIMITED LIABILITY COMPANY DATE: t1 7 "0-Z BY: LAMCO HOUSING, INC., LIFORNIA C RPOR 0 , TS MANAGING MEMBER BY: 11� $ DEVIS�N P SENT � ���__ ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF tOMMOOM ONL' �r�C�$ t '� . BEFORE ME, &kfW-M- A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED 'ilk ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE FOREGOING STATEMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE STATEMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE STATEMENT. WITNESS MY HAND, ., . . `_-----__ (SIGNATURE _ I , (PRINT) MY COMMISSION EXPIRES: ! _ COUNTY OF PRINCIPAL PLACE OF BUSINESS: _- THE PUBLIC FOR PUBLIC USE FOR PUBLIC; UllLI0' PUkPUbtS 6 ,LUO! NU WATER, SANITARY SEWER, TELEPHONE AND CABLE TELEVISION UTILITIES, INCLUDING CONSTRUCTION, ACCESS OR MAINTENANCE OF WORKS, IMPROVEMENTS AND STRUCTURE THE CLEARING OF OBSTRUCTIONS AND VEGETATION. THE AREAS DESIGNATED "PRIVATE STORM DRAIN EASEMENT" OR "PSDE" ARE DEDICATE THE HOMEOWNER'S ASSOCIATION OF SUBDIVISION 5646 FOR STORM, FLOOD AND SURFr WATER DRAINAGE, INCLUDING CONSTRUCTION, ACCESS FOR 'MAINTENANCE OF WORKS, IMPROVEMENT AND STRUCTURES, WHETHER COVERED OR OPEN, AND FOR THE CLEARII OBSTRUCTIONS AND VEGETATION. THE AREAS MARKED "SANITARY SEWER EASEMENT" OR "SSE' ARE OFFERED FOR DEDI( TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) OR ITS DESIGNEE IN GF AS A NON—EXCLUSIVE SURFACE EASEMENT AND A NON—EXCLUSIVE SUBSURFACE EASE FOR SANITARY SEWER PURPOSES INCLUDING CONSTRUCTION, ACCESS OR MAINTENANCI WORKS, IMPROVEMENTS, AND STRUCTURES, AND THE CLEARING,OF OBSTRUCTIONS ANC VEGETATION. NO BUILDING:OR,STRUCTURE MAY BE PLACED ON SAID EASEMENT, NOR ANYTHING BE DONE THEREON *ICH MAY.-INTERFERE NTH CCCSD'S FULL ENJOYMENT SAID EASEMENT. THE AREAS DESIGNATED " V�TM LANE EASE?�#E=NT" OR "WLE" ARE DEDICATED TO THE I SAN RAMON .:SERVICES DISTRICT- (DSRSD). FOR, THE CONSTRUCTION, MAINTENANCE, USE OPERATION ,.OF WATER :TRANSNASSfON .PIPELINES, AND ALL NECESSARY APPURTENANCE THERETO; TOGETHER WlTHT#�l- RIGHT EBF INGRESS TO AND EGRESS FROM SAID EASEN NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT, NOR SHALL ANYTI DONE THEREON WHICH MAY INTERFERE WITH THE DUBLIN SAN RAMON SERVICES DISTF FULL ENJOYMENT OF SAID EASEMENT. THE AREA DESIGNATED "EMERGENCY VEHICLE ACCESS EASEMENT" OR "EVAE" IS HERE DEDICATED TO THE PUBLIC FOR EMERGENCY VEHICLE ACCESS. THE AREAS DESIGNATED "STREET LIGHT EASEMENT" OR .."5LE" IS HEREBY DEDICATED THE HOMEOWNER'S ASSOCIATION OF SUBDIVISION 8646 'OR ITS DESIGNEE OR SUCCESS FOR THE INSTALLATION, MAINTENANCE, REPAIR, REMOVAL AND REPLACEMENT OF PUB STREET LIGHTS AND THEIR APPURTENANCES; INCLUDING BUT NOT LIMITED TO ELECTR FOUNDATIONS AND CONDUIT RISERS. THE UNDERSIGNED HEREBY RELINQUISHES TO THE PUBLIC FOREVER ALL RIGHTS OF VEHICULAR INGRESS AND EGRESS OVER AND ACROSS THE LOT LINES WHERE DESIGN RELINQUISHMENT OF ABUTTERS RIGHTS AND PRIVATE ACCESS PROHIBITED AND SHOW "IIIIIIII/IIZ. THE MAP SHOWS ALL EASEMENTS ON THE PREMISES, OR OF RECORD. Z z 3— 100 -- APN: 206 -50406d -181111 94462-50 PROVED 10 ME 6 THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHC NAME(S) IS/ARE SUBSCRIBED TO THE FOREGOING STATEMENT AND ACKNOWLEDGED TO Iv THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE STATEMENT THE PERSON(S) OR TH ENTITY UPON BEHALF OF WHICH THE PE N(S) AC LD, XECUTED THE STATEMENT. WITNESS MY HAND, 'o (SIGNA Tbwftm ?" (PRINT) MY COMMISSION EXPIRES: COUNTY OF PRINCIPAL PLACE OF BUSINESS: AL-k mstA6x>wN 7 SURVEYOR'S STATEMENT THIS MAP WAS PREPARED UNDER MY DIRECTION AND 18 BASED UPON A FIELD SURVEY l� CONFORMANCE WTH' THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF WESTERN PACIFIC HOU SING-WINDEMERE LLC ON JUNE 1' 2002 AND IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I HEREB STATE THAT THE MONUMENTS WILL BE SET IN POSITIONS ]NOICATED. BEFORE DECEMBER 2005. THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. L AND R SU4416..�s- CHRISTOPHER S. HARMISON, P.L.S. L.S. NO. 7176 7176 EXP. 12/31/03 EXPIRES: DECEMBER 31, 2003 OF APN: fir--54 -f-- ZL-1-100-011 4462-50 19 1AkAUA LANL 27 39 c 16 17 3 C 34 ARIANNA LANE 27 N47 0124 w R 26 2 53- 15 49 N0916 58 E R4 , . '' ' - 36 J N57`37'0 N33'03'56"W R ALBION ROAD (I. 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PF a SEE SHEET 10 6 �f N56735'52"W 75.00' N $I w N56'35'52"W 6900' w r I 00 �I� I 1 v 1 -4'PUE/SLE a I" N5615521 69.00' W w= rt N51'35'52•W(R) 69.00' tn .- E5 t w r.� O I 'O j m 1 I� I }�--4'PUE/SLE ! Ifill i I4 N5135'S2"W 89.00' N4a 0 `W Yg.7 ��LL�N1�' ras�at� rt�s ��NY°�' RC�,qD � 29) �. Id stn o t- V1 1+� � y� c>co W@ ��yy �pyo{,,C'y�� I b I 't`Vi�w WIT O 3 O S = a 2 l -4-t H �$ O a— ► z �a z y zo+d �► (� Z _ .............._ ...................................................... COUNTY OF CONTRA COSTA DEPOSIT PERMIT FICE OF COUNTY AUDITOR-CONTROLLER i TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER � �✓ i t (C7rgcruzationj (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT iti T l� j �`l� ,i•j � "L 'Y:..) / �,1!ftT�l ��{ G �.a � iY` �f i... ,/ I� 61Z13 oc", { I f � y E 49 LXT ` 4 lr .✓ w J_J I I I k -1 L S i i t a i t i 4 t t t EXPLA TION: r _. TOTAL $ t n. IT DEPOS 1 , 02 Deposit consists of the following ftems, t( COIN rind CURRENCY $_ _f CKS,:1v1.0.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBERy tr DATE J ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County T asury. acknowledged. Date . . 2 .. , d: Ti#le#•.�" ; } ar EXT. Deputy County Auditor - Deputy County Treasurer D-34RE .{7- \ tc2 2-q 2-- . ! / 0/ / 9 sVc_s. 20 - DU • IG . Uu * 2O ° UUi IIUU » 5 ° I0+ . C U tt : 962a O ° « §O9 ° (j0 * ; ) . OU * 6 ' §U + 12 , "I U0' z t • GGO . §u * . 25U00 + 2 ] 7 • GG9 . SUm O - * 250 . 00 * § • GUG . UU* I32 , 7bU - CU , 12 = 2O9 . 9D + 6 § , ?GU - SG * §U0du * 217 • U §U §Ov §U12- O • * � rt :d J 000649-9665 1831000: G1108293, $500.00, RS 2724 Record of Survey Map Check Fee, PLS Surveys, Inc., 2220 Livingston Street, Oakland, CA 94606 000649-9665 / 831000: 01108296, $132,700.00, RA 1094 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon ##310, San Ramon, CA 94583 000649-9665 / 831000: G1108298, $61_,300.00, SUB 8646 Inspection Deposit, Western'Pacific Housing, 6658 Owens Drive, Pleasanton, CA 94588 —.� 819800-0800- 1108297, $12.900.00, UR 8646 Cash Perfortnance Band, Western Pacific Housing, 6658 Owens Drive, Pleasanton, CA 94588 - _ - Subdivision: AUD SW Band Na.: 61e72s4 IMPROVEM NT SECURITY Balm FDR Sulavivism AGREEMENT (Perrformance,Guarantee and Payment) (California Government Code§§ 66499-W99.10) 1, Bl&,rrAL OF SUDM=AOUMTI The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and ether improvements in Subdivision 86 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing;of a final map or parcel map for said subdivision, 2. OB1' GAfi t3 lr Western Pacific Housing. Inc. as principal and SAVECO Insurance coW�ahM of America , a corporation organized and existing under the laws of the Mate of washington---- and authorized to transact surety business in`'California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the:County of Contra Costa,California to pay as follows: A. Performance and Guarantee: One Million Two Ho—dtgg Sevoty-One use nd QW1OO Dollars($ 71.000,M __-}for Contra Costs County or any city assignee under the above County Subdivision Agreement. R. Payment: Six Hun jred Party One Thou d Nine Hundred Fibnd t}Q!1 X10 Dollars ($ _ 641.95t}.(�Q to secure the claims to which reference is made in Title XV (commencing' with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. �. Ctarrnta�� 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 beep and perform the covenants,conditions and provisions in the said ag ment 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 in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (cat city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise It shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,thea shall be included reasonable casts,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,laborer's,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 hind,or for amounts due under the Unemployment bsuranreAct with respect to such work or labor 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 casts 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 rile claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to therm or their assigns in any suit brought upon this bond. Should the work under conditions of this brand be fully petformed,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 sof Contra Costa(or city assignee)shall relieve the surety from liability on this brand;and consent is hereby given to make such alteration without further 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. ,&M on November 5, 2002 PRINCIPAL.- Western Pacific Housing, Inc. SVRETY: SAFSCO Insurance Company of America Addre9S: 6558 gens Drive Address: 2055 Sugarloaf circle City: Pleasanton CA Zip; X4588. Cl ur h `GA - t Zip: 30097 .Print Name. .' _ SK o print Name: xi rly A. Tavernier, Attorney-In-Fact c/o Willis of Florida Title. Title; Attomey-in.Pact 7650 Courtney Campbell cswy. Tampa, FL 33607 Mpairlies. (813) 281-2095 tUunw:,�� s�. . �%BN wo�,t�sr+�-MAm sem ��x ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS_ On this 5th day of November, 2002 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of SAFECO Insurance Company of America, 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, I have signed and affixed my official seal on the date in this certificate first above written. Signature , xY w,COMAiSSON# ODIOUS SIRES guy 28,me 1ON."EDTWWTROY FAIN NSiSPANCE,iv- + N This area for Official Notarial Seal S /� /mow /�r� SAFECO INSURANCE COMPANY OF AMERICA S A F E C �.de POWER GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98188 No. 10471 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation.does each hereby appoint W_DUNN;DAVID H.CARR;KIMBERLY A.TAVERNIER;ANETT CARDINALE;LINDA T.MEYER,Tampa,Florida********************** its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of Its business,and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of September 2002 cd��Y� A��_ PC—,45-,44N , CHRISTINE MEAD,SECRETARY MII{E MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the Sy-Laws,and (il) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,i have hereunto set my hand and affixed the facsimile seal of said corporation this $th dayof November 2002 , E COAip SEAL SF.AL X ^� 1953 162% at CHRISTINE MEAD,SECRETARY S-0974(SAEF 2101 0 A registered trademark of SAFECO Corporation 09/13=02 POF CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ALAMEDA On November 7, 2002 before me, Wanda Lawrence, a Notary Public in and for said State personally appeared Glenn R.Brown,personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and StateLe WANtA LAWF{ENC EI COMMISSION i NOTARY FUSUO-CAUFOPM ALWELM COU rr Wanda Lawrence ems. I0,206 (Notary's name must be typed or legibly printed) [Notary Stamp or Seal] 1/`A/03 FATCtO $42 8646 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.C.Bax 631 » Russell V.watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Count/ Joslyn Mitchell (925)646-4135 FAX 77 Tax Operations Supervisor Date: 1/1412003 IF THIS TRACT IS NOT FILED PRIOR TO THE 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/MS# City T.R.A. 8646 SAN RAMON 66383 Parcel#: 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 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of.January, 2003 is $284,300.00 This tract is not subject to a 1915 Act Bond.' If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 clays 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 By: -� , ply c AM VAN C 0 WANY R WoUrn Pads.Housing Fiat Anwrl"Ift TiVA Co. Fidelity and Deposit Company of Maryland 6M OverA Or 130 Willow Way,0141 One Metro Center 4010 Boyscout Blvd., Suite 600 !t ta,Ca 345$9 =rd,Ca 94530 Tampa, FL 33607 Alt*: A0411 BarbtifA PWR Attn: Jeff Willis 975- 3"x• 050 F11Oot 925.356-7025 Phone: (813)873-2055 PATCOO1f70931 ,'Tax M 3/2 04 B�. ST TAXES KNOW ALL MEN BY TME PUSENV'TS: Bond #08065289 THAT, ' W�atetn P ific I�c�usit�Wi�da_mt_� L�. a I�►e aware li�icec3 liabilit�t co a a--as principal and (Surety) Fidelity and Deposit Company of Maryland. a corporation organized and existing under the laws of the State of Maryland— , and authorized to transact surety business in California as surety aro held and firmly bound unto the County of Contra Costa State of California,in the penal sum of IM HUa d iahtyyr tt n tInd three ho yd Dollars (g>2 ft &.Z ---),to be paid to said County of!Longa Cote , for tho payment,of which will and truly be made, we and each of us bind ourselves,our heirs, executors,administrators anti successors,jointly avid severally,firmly by these presents. Sealed with our Seals and dated this 14th _day of January_20–W—. The conditions of the above obligation IS such thaat'W3MPLEAS,theabove bounded principal is about to file a map entitled-Tract#646 and covering a subdivision of a tract of land In said County of _Contra Casts and there are certain liens for taxes and spacial assessments collected as taxes,against the Said tract of land covered by.said map,which taxes and special assesirwnts collected as taxes,Am not as yet due or payable. NOW,THERMU,if the raid r1jo-WL shall pray all of the tweet and spe4iai asseassments collected as tams which at a lien against said tract of land covered by said map,at the time of the filing of said map of said tract, them this obligation shAll be void and of no effect,otherwise it shall remain in full force and effect. Western PaciflC Housing-Windemert, Fidel y and Deposit Co anp of Maryland A Delawue limited iability company BX: Surety Kimb i A. T-avernier, Attorney-In-Fact r #ih�se�ll•+r- c/o it is of Florida 7650 o rtney Campbell Cswy., #920 (nat>Z y a tcknowledgerrtertt attached) Tampa, FL 33607 Inquiries: (813) 281-2095 DATE: BUND REVIEWED AND APPROVED CON'T'RA COSTA COUNTY TRE U LLECTOR BY: ACKNOWLEDGEMENT BY SURETY NATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 14 th day of January, 2003 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-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, I have signed and affixed my official seal on the date in this certificate first above written. Vl- a'��� Signature � - Y'p Anett CardinaW MY Cfltv4M #{3N# t3D103428 ju{ 28,2006 a" BANDED TI+RU TRbY FAIN 1NStA0,4M w, r R,",.e„fie•` This area for Official Notarial Seal CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ALAMEDA. On January 15, 2002 before me, Wanda Lawrence, a Notary Public in, and for said State personally appeared Richard P. Ambrosini, personally known to the (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscriber) to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �Z,40/w Notary Public in and for said County and State te"'"'a" ` DA"`A ..... WAFtDLAWRENCE COMMISSION 13MM NOT AY PUBLIC-CAUPOANIA 'Wanda Lawrence Q. my ALA*h# s.WAY Y (Notary's name must be typed or legibly printed) [Notary Stamp or sear Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGER.S, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V1, Section Z, 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.fames W. Dunn, David H. Carr,Kimberly A. Ta ernier, Lind 3. Meyer and Anett Cardinale, all of Tampa, Florida, EACH its true and lawful agent and Attorney-i to make a te, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds an rtakings a 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 re elected 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, Mirna Ramos, Denise Taylor,and Kimberly A. Waller Octobe 00. The said Assistant Secretary does hereby cera t the extr forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company, now in fo� IN WITNESS WHEREOF, the said Preside Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the se` RELIT t, D DEPOSIT COMPANY OF MARYLAND, this 26th day of November,A.D.2002. t ATTEST: o FIDELITY AND DEPOSIT COMPANY OF MARYLAND r�u ctvo,rfi h,ni By: y T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland County of Baltimore �ss' On this 26th day of November, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me 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 Seat 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. Carol J. Fader i Notary Public My Commission Expires: August 1,2004 POA-F 031-3190 TRE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 14, 2003,by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMEMA, GERBER, GLOVE, AND DESAULNIER NOES: NONE ABSENT: NONE RESOLUTION NO. 20013/ 28 Contra Costa County Flood Control and Water Conservation District Act(Section 31) (Gov't Cade§ 25363) SUBJECT: ADOPT Resolution No. 2003/ 28 approving Notice of Intention to sell the District's surplus real property identified as a 0.23-acre portion of Assessor's Parcel No. 007-100-010 located near Spyglass Drive on Monterey Court. Brentwood Area [CDD-CP02-14] Project No. 7505-6F8325 The Beard of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: The Board DETERMINES that the parcel of improved land,acquired for flood control purposes,described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real Property Division is DIREC'T'ED to post in three (3)public places in the County for that period,pursuant to Government Code Section 25363. The Board sets February 11, 2003, at 11:00 a.m., at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. DB:eh l hereby certify that this is a true and correct G:\GrpData\Rea]Prop\2002-Files\BOs&RES\HR5 Spyglass Drive.doc copy of an action taken and entered on the Orig.Dept.: Public works(RP) minutes of the Board of Supervisors on the Contact: D.Baker,Tel.313-2224 date shown. ec: P/W Accounting County Administrator ATTESTED: JANUARY 14, 2003 Assessor JOHN SWEETEN,Clerk of the Board of Auditor-Controller Supervisors and County Administrator Community Development Dept Engineering Services—Environmental ` T.Torres,Environmental By ` Deputy Board Orders Senior Clerk,Adm. RESOLUTION NO. 2003/ 28 _ NOTICE OF INTENTION TO SELL REAL PROPERTY Contra Costa County Flood Control and Water Conservation District Act (Section 31) (Government Code § 25383) The County Real Property Division will sell at public auction to the highest responsible bidder, the land- locked residential lot hereinafter described: A vacant 0.23-acre portion of Assessors Parcel No. 007-190-10 near Spyglass Drive on Monterey Ct. in the Brentwood area. The auction will be held in Conference Room"A", 255 Glacier Drive, Martinez, California,on February 11, 2003, at 11:00 a.m. Terms and Conditions of Sale are available at the office of the County Real Property Division, 255 Glacier Drive, Martinez, California 94553, or may be requested by phone to be mailed by calling 313-2229. The District reserves the right to reject any and all bids received. The parcel will be sold "as is" and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. By Order of the Board of Supervisors of Contra Costa County John Sweeten, Clerk of the Board of Supervisors and County Administrator By - -- Deputy Clerk RESOLUTION NO. 2003/ 28 BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Re: Notice of Intention to sell the) District's surplus real property ) Identified as 0.23-acre portion of) CERTIFICATE OF POSTING APN. 007-100-010 located near ) Spyglass Drive on Monterey Crt.) Brentwood Area [CDD-CP02-14]) Project No 7505 6F8325 ) I certify that I am now, and at all times hereinafter mentioned have been, a citizen of the United States and not a party to the above-entitled matter and not interested therein nor in the event thereof; and that on Tuesday, January 21, 2003, i posted a full, true and correct copy of Resolution No. 2003/ at the following locations: Contra Costa County Administration Building 651 Pine Street, 1St Floor Martinez, CA 94553 Contra Costa County Finance Building 625 Court Street Martinez, CA 94553 Contra Costa County Superior Court 725 Court Street Martinez., CA 94553 I declare under penalty of perjury that the foregoing is true and correct. Dated: January 21, 2003, at Martinez, California. /./LIZ4L�, 96's—an Gohs, D I ty Clerk GAGrpDatalRea1Prop\Donna Murdock\GE.11._brentwood_6F8325.doc PER DEBRA BAKER, FROM REAL PROPERTY, CA DATED JANUARY 14, 2003, TO ADOPT RESOLUTION NO. 2003/28 APPROVING NOTICE OF INTENTION TO SELL THE DISTRICT'S SURPLUS REAL PROPERTY IDENTIFIED► AS A 0.23-ACRE PORTION OF ASSESSOR'S PARCEL NO. 007-100-010 LOCATED NEAR SPYGLASS DRIVE ON MONTEREY COURT, BRENTWOOD AREA IS TO BE POSTED BY THE REAL PROPERTY AND NOT TO BE PUBLISHED. DATE JANUARY 14, 2003 TIME 3:00 pm NOTICE ICE OF PUBLIC LAND SALE Option to Purchase Auction Sale DATE: February 11, 2003 TIME: 11:00 A.M. PLACE: Public Works Department Conference Room "A" 255 Glacier Drive Martinez, CA 94553 PROPERTY LOCATION: On Monterey Ct., Brentwood PROPERTY DESCRIPTION: 0.23-acre vacant land-locked parcel. PROPERTY INFORMATION: Assessor's Parcel: A portion of 007-100-010 Size: 0.23-acre Zoning: unzoned; planned PD-20 Utilities: Mater, sewer, gas and electric, telephone available nearby. MINIMUM BID: $100,0010 OPTION DEPOSIT AMOUNT: $10,000 in the form of a certified check, cashier's check or money order (no personal checks) OPTION PERIOD: 45 days after acceptance of the bid by the Contra Costa County Board of Supervisors. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT REAL PROPERTY DIVISION 255 GLACIER DRIVE, MARTINEZ, CA 94553 For additional information, call Debra L. Baker Supervising Real Property Agent at (925) 313-2224 Monday through Thursday between 8:00 a.m. and 5:04 p.m. G:1GrpData\ReaiPropi2002-Fiies102-12\AuctionNotice Brentwood.doc December 30,2002 :::n::n:::v.;;... v:m:xiif:f$$f:}:•}:ry:•iryry:0... p ✓' Y ry :::::::: v}:::::: :??•i}:•}}:ry:•}i:•ff$f$:iff::ff'r'rF: .... -" ti{ti? 1 L ryryry:•Yv ..x �{y t L rpt::.:::::::::::::::•::�;;":r.......::,.t �- -# �• ,✓,;� ::...... :::. �!, ::r::nr is•}{$;}:::•i:•:$f::}::$;:j '"� ...,.J...�.�_..r.....,s .. .,. i•. .:::::ryr::::::::{.iF;I•;:;:j;:;:i i::i}}:•}}}}::},t,?t•?:+?.}:•}:::....: r�-' 4 �^.... A:.. :•: • r'^+",r":n"er"„II•^'!'+.�+-t'»x rn+'vrrur .ern-..i.. ..... qr`" yin L �1` h r 3 z �y1 . fa ",413 tY D0 " saws GSVD3i; ter,.• xv AA �qr # i" }~ # C _ - - 44 'i �4. ORAL BIDDING_ In order to participate in the bidding procedure a CASHIER'S CHECK,CERTIFIED CHECK,OR MONEY ORDER, in the amount of $10,000.00 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the $100,000.00 set bid and continue thereafter until the highest oral bid is finally accepted. At the close of bidding,the highest bidder will be required to execute an"Option to Purchase Agreement"and to leave with the auctioneer their$10,000.00 non-refundable deposit in the form of a CASHIER'S CHECK CERTIFIED CHECK OR MONEY ORDER. BIC}ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The District reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the District, or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in completion of the sale,the District may,at its discretion,offer the Option to the second highest bidder. If the second highest bidder accepts the offer,the deposit requirement and terms of Option to Purchase shall be the same as stated in this notice of sale,except that the Option period shall commence upon acceptance by the Board of Supervisors. CLOSING TRANSACTION Successful bidder will have the Option period of 45 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE, attached hereto. In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that part or portion of this agreement so conflicting shall be amended to conform with any applicable legal requirements at the time. All District employees may bid to acquire surplus District property,except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. G:1GrpData\ReaiProp12002-Files102-121Auction0ralBidding.doc 12/30/02 Parcel Number: Portion of 407-110-010 Optionee: Project Name: Sal of Flag Lot Address: Project Number: 7505-6178325 OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1, Recitals. a. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred to as the "District", is the owner of the certain real property described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof, and further identified as a 0.233 portion of APN 047-110-014, hereinafter referred to as the "Property." b. District proposes to sell the Property. C. ("Optionee') desires to acquire the exclusive right to purchase the Property at an agreed price and under the specific terms and conditions below. 2. Effective gate. The effective date of this Option shall be the date that this Option is approved by the Contra Costa County Board of Supervisors, as governing body of the District. 3. Grant of Caption. District grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The term of this option shall commence on the Effective Date and shall expire or terminate on the earliest of the following dates: a. Option Term. Forty five (45) days following the Effective Date, unless during said period District agrees in writing to extend the Option Period. b. Extension of Option Period. District, in its sole discretion, shall have the right, but not the obligation, to extend the term of the Option Term, under such terms and conditions as District believes is reasonable, if District, in its sole discretion, believes such extension is warranted. No such extension shall be effective unless and until it is in writing signed by both parties. C. Breach. Immediately upon a breach or default by Optionee under this Option Agreement. 1 d. Purchase. The date that the Optionee acquires the entirety of the Property. 5. Consideration for Option a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay District the sum of Ten Thousand Dollars ($10,000.00) upon the terms and conditions outlined herein, said amount to be credited to the Purchase Price of the Property ("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board of Supervisors. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. b. Retention of Option Consideration. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of District shall belong to District and be retained by District,whether or not Optionee ultimately exercises its right to purchase the Property. District shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. if the Optionee exercises its Option, at District's option the sale may be consummated through an escrow at a title company to be selected by District ("Title Company"). In such ease, Optionee hereby authorizes District to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing Date"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price ("Purchase Price") for the Property during the Option Term is the sum of Dollars ($ ). All Option Consideration paid by Optionee shall be credited to the Purchase Price of the Property. The Purchase Price shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County Flood Control &Water Conservation District. C. Title; Grant Deed. The right, title and interest in the Property to be conveyed by District pursuant to this Agreement shall not exceed that vested in the District. If the Optionee exercises its option, the Property shall be conveyed to Optionee subject to all title exceptions, restrictions, easements, liens and reservations, whether or not of record. The sale under this Option is subject to the approval of the Contra Costa District Board of Supervisors. The Optionee may not take possession of the Property until a deed from the Contra Costa County Flood Control & Water Conservation District has been recorded. If the Optionee exercises its Option,, upon approval by the Board of Supervisors, the District shall convey title to the Property to the Optionee by Grant Deed. It is understood that Optionee acquires no right, title, interest or equity in or to said property until a grant deed to Optionee is recorded. 2 7. Exercise. From and after the Effective Date, this Caption may be exercised by Optionee's delivering to District before the expiration of the Option "Germ, written notice of the exercise ("Exercise Notice")and payment of the Purchase Price to the District. 8. Condition of the Property. Neither District, nor its agents or employees have made any warranty, guarantee or representation concerning any matter or thing affecting or relating to the Property nor does it assume any responsibility for the conformance to codes or permit regulations of the city or District within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition. District has not made and does not make any representation as to the physical condition of the Property. 9. Right of Entry. During the term of this Option and prior to the Closing Date, Optionee, its agents, contractors and employees, shall have the right to enter the Property at all reasonable times for the purpose of performing reasonable tests, engineering studies, surveys, soil and environmental tests and other tests, surveys, studies, and investigations of the Property as Optionee determines necessary or desirable. Optionee will defend, indemnify and hold District harmless from any claim, loss or liability in connection with any entry by Optionee, its contractors, agents and employees and Optionee will be solely responsible for all costs incurred in connection with these activities or Optionee's investigation of the Property. 10, Informalities; Cancellation of Sale. District reserves the right to waive any informality or irregularity on any offer or cancel the sale at any time prior to recording of a deed. In the event of cancellation of sale by District, through no fault, action or inaction of Optionee, all monies depositedshall be refunded without payment of interest. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. 3 (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows: District: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Telephone:4 Fax: (925) 313-2333 Optionee: (Name (Address) (Telephone) or to such other addresses as 4ptionee and District may respectively designate by written notice to the other. 12. Assignment,Successors and Third-Party Rights. This Caption and all rights under this Agreement shall be freely assignable. This agreement shall be binding on and inure to the benefit of the parties, and their respective heirs, personal representatives, successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 13. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement, The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement.This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 14. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 4 15. Governing Law. This Agreement shall be governed and construed in accordance with California Law. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 16, Severability. Should any term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions of this Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts, terms, portions or provisions can be construed in substance to constitute the Agreement that the parties intended to enter into in the first instance. 17. Indemnification. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold harmless District, its officers, agents, and employees, from any and all claims, costs and liability for any damages, sickness, death or injury to persons or property, including without limitation all consequential damages, from any cause whatsoever, including the sole or joint negligence of District, its agents, officers or employees, arising directly or indirectly from or connected with the repairs or any present or future condition of the Property or use of the Property which is the subject of this Agreement, or any representations, misrepresentations or non-representations regarding its condition or use, and will make good to and reimburse District for any expenditures, including reasonable attorneys' fees that District may make by reason of such matters and, if requested by District, will defend any such suits at the aptionee's sole expense. 18. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the close of escrow of the Property, shall be fully enforceable after the Closing Date in accordance with their terms and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 19. Negation of Optionee or Partnership. No provision of this Agreement shall be construed as making either party an agent or partner of the other party. 20. Time of Essence. Time is of the essence for the Option Agreement. if the Option is not exercised in the manner provided in Section 7 before the expiration of the applicable Option Term, Optionee shall have no interest in the Property and the Option may not be revived by any subsequent payment or further action by Optionee. 5 21. Waivers. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by District and Optionee. 23. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters set forth, and expressly supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting this matter. CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT OPTI©NEE By By Chair, Board of Supervisors ATTEST: John Sweeten,Authority By Administrator and Clerk of the Board of Supervisors By - ° Dep'ty APPROVE©AS TO FORM by County Counsel June 6, 1997 NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description DLB:eh G.iGrpData\Rea3Prop12002-Ft#es102-121SA3a Sale Flag Lot doc 12130/02 6 Dry Creek Dam C.C.C.F.C.&W.C.D. Flag Lot Excess Land EXHIBIT "A" LEGAL DESCRIPTION All that certain real property situated in the City of Brentwood, Contra Costa County, California.,being a portion of the Contra Costa County Flood Control and Water Conservation District parcel described in the deed recorded on August 28 1964, in Book 4692, Page 455, Official Records of said County,said property more particularly described as follows: BEGINNING at the southeastern terminus of the northeastern line of lot 33, as said lot is shown on the Final Map entitled"Subdivision.8310,Deer Ridge Village Lots", filed in Book 427 of Maps,Page 29,Contra Costa County Records, said terminus also being a point on the generally northwestern line of said District parcel; thence along said generally northwestern line, generally eastern line and generally southeastern line of said District parcel the following five courses: 1)North 45'50'19"East 94.19 feet;2)North 43°58'41"West 94.16 feet; 3)North 45'50'19"East 80.00 feet; 4) South 43°58'41"East 109.16 feet; and 5) South 45'50'19"Nest 174.28 feet; thence North 43°3826"West 15.00 feet to the POINT OF BEGINNING. Containing 0.233 acres (14,146 square feet), more or less. See EXHIBIT B "Plat to Accompany Legal Description"attached hereto and made a part hereof. End of Description StiptAND ,�� Exp,12.3143 � No.LS MM /ti c�►���°` \\01512VOI\DATA\Projects\502\Documents\LLA&Legal Desc&Closures\CCCFCI7_FL,AGl.duc i LOT 23 4 427 M 29 LOT 21 427 M 29 Its QN0, LE c"'s 1,1fl 427 M 29 CALi�O LINE BEARING DISTANCE 1 � � Ll N35' 24 45"E 56.00 427 M 29 L2 N10' 31' 34"E 10. 42 L3 N82' 24 34"W 19. 37' ba L4 N42'50 32"E 85. 16' L5 N80' 31 46"W 60. 15' ,h, � C) ,� ' L6 N78' 16' 37*W 75. 59' co s L7 N63'42 59"W 76. 01 L8 N45#32; 13'"W 86. 19' L9 N43' 38' 26 W 122. 75 L 10 N43' 3$ 26*W 53. 96 r CONTRA COSTA COUNTY L11 N43' 38 26 W 15. 00 ' FLOOD CONTROL AND L12 N43' 38 26"W 53. 79 WATER CONSERVATION L13 N71'28' 41"E 73. 50 CIN DISTRICT L14 N85'25' 12*E 70.08' L15 N79 53 50 E 57. t33 4692 4R 4,% L16 N71'04 17"E 56. 92 L17 N63` 12 13"E 51. 73' • ; w L18 N52' 45 10 W 15. 17 . CURVE RADIUS LENGTH DELTA C2 470. 00 236. 02 28.46' 2201 154 75 0 150 340 450 C3 20. 00 28. 85 82'38W C4 20. 00 28. 85 82.38 45 C5 355. 00 108. 63 17' 3 f 56 SCALE IN FEET IC6 20.00' 31. 42' 90'0601 PLAT TO ACCOMPANY LEGAL DESCRIPTION 4ftQRLI I DES""�I�: STAFF EXHIBIT n CIVIL ENGINEERING LAND SURV€MG CHECKED: AL PLANNING SCALE: 1"=15 0' 111 CENTER AVE, SUITE F PACHECO *CA -94553 DATE. O. 2002 MAILING ADDRESS• P.O. BOX 6327• CONCORD *CA• 94524 SHEET 1 BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA (925)686-9890• FAX (925)686-9893 N0. 200004