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HomeMy WebLinkAboutMINUTES - 02242004 - C6-C10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEIIA, GREENBERG, DESAULNIER ANIS GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 77 SUBJECT: Approving and authorizing the County match in the amount of$150,200 for the Bicycle Transportation Account Program Grant for the Viera Avenue Bike Lanes, Gateway Road Bike Lanes Phase I, and Pacifica Avenue Bike Lanes Phase I projects, East County area. (Local Road Funds) (District V) Project No. 0676-6P1026 Bike Transportation Account Grant Application WHEREAS, the County is soliciting candidate projects for funding under the Bicycle Transportation Account Program in the fiscal year 2004/2005, and WHEREAS,the staff proposes the construction for bike lanes on Viera Avenue, Gateway Road, and Pacifica Avenue at a total project cost of$1,502,000; and WHEREAS,the Bicycle Transportation Account Program requires the local agency to fund at least ten percent (10%) of the total project cost. The County's estimated cost for the projects will be &47,500 for Viera Avenue, $56,100 for Gateway Road, and $46,000 for Pacifica Avenue, which totals $150,200 and will be funded by Local Road Funds. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF CONTRA COSTA COUNTY: that the Contra Costa County Board of Supervisors hereby certifies that funds in the amount of $150,200 are available to satisfy the County local share requirement for the Viera Avenue, Gateway Road', and Pacifica Avenue Bike Lane projects. 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. As:ie:iad ATTESTED: FEBRUARY 24, 2004 G:lGrpOatakTransEng\GRANT$18TANSTA 04.05!80 04-05 STA Resoiution.don JOHN SWEETEN, Cleric of the Board of Supervisors Orig.Dept.: Public Works(TE) and County Administrator Contact: A.Schaal(313-2234) cc: M.shits,Director PWD J.Bueren,Deputy PWD S.Kowalewski,Assistant Director PWD B.Fernandez,Senior Engineer C.Raynolds,Accounting PWD By , Deputy RESOLUTION NO. 2004/ 77 e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILMIA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE TRAFFIC RESOLUTION NO. 2004/4048 ABSTAIN: NONE Supervisorial District I SUBJECT: Pursuant to Section 22507 of the California Vehicle Code declaring parking to be prohibited on Parr Boulevard (Road No. 0564C), Richmond area. The Contra Costa Board of Supervisors RESOLVES that: On the basis of a traffic and engineering survey and recommendations thereon by the Sheriffs Department and the County Public Works Department's Traffic Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 22507 of the California Vehicle Code parking is hereby declared to be prohibited between the hours of 10:00 p.m. and 6:00 a.m.,on the south side of Parr Boulevard (Road No. 05640) Richmond area, beginning at the intersection of Richmond Parkway and extending westerly to the end of the County maintained road; and, parking is hereby declared to be prohibited at all times on the north side of Parr Boulevard, beginning at the intersection of Richmond Parkway and extending westerlyto the end of the County maintained road. Vehicles violating this parking restriction may be removed pursuant to Section 22651(n) of the California Vehicle Code. Traffic Resolution No. 3519 pertaining to the existing parking prohibition is hereby rescinded. 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: FEBRUARY 24, 2004 JF:i=ux--;e JOHN SWEETEN, Clerk of the Board of G:1GrpDatslTransEngl2004\BO-TR14048-0584G.doc Supervisors and County Administrator Orig.Dept.: Puhlic works(Traffic) Contact: .ferry Fahy,(318-2276) cc: California Highway Patrol Sheriffs Department By Deputy TRAFFIC RESOLUTION NO. 2004/4048 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR f County 9 n ht"s �„ILy DATE. February 24, 2004 Y�= SUBJECT: North Broadway Area Infrastructure — Phase III Project, Bay Point area. District V. [CCPD-CP## 97-36] Project No. 0662-6R4141 Task: ACQ Account: 3540 SPECIFIC REQUEST{S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i. Recommended Action: A. APPROVE the Amendment to Purchase and Sale Agreement dated February 17,2004, from Sergio D. and Grace Singhbhairo. B. AUTHORIZE the Public Works Director, or designee, to execute said Amendment to Purchase and Sale Agreement on behalf of the County. C. APPROVE the payment of$30,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Placer Title Company, 1981 North Broadway, Suite 100, Walnut Creek,CA 94596, Escrow No. 615-5756 to be forwarded to the Real Property Division for delivery. Continued on Attachment: x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER 1 SIGNATURE(S) ACTION OF BOARD ON a 2 APFRt3VE13 AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS xx UNANIMOUS{ABSENT NONE } I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN:_ _ minutes of the Board of Supervisors on the LLO:cs:eh date shown. G:1GrpData\RealProp12003-Fifes\BOs&RES\BOB Singhbhario.doc Ori Div: Public Works RIP) ATTESTED: FEBRI�ARY 24, �U�4 9 JOHN SWEETEN,Clerk of the Board of Contact: Lucy Owens(313-2229) Supervisors and County Administrator Recording to be completed by P cc: County Administrator Auditor-Controller(via R/P) By —Deputy P.W.Account Redevelopmen# via RIP) Board Girders Clerk Specialist,Adm. Subject: North Broadway Area Infrastructure — Phase 111 Project, Bay Point area Date- February 24, 2004 Page: 2 11. Fiscal l'mpac#: The activity is funned by Contra Costa County Redevelopment Agency (100%). Ill. Reasons for Recommendations and Background: These property rights are required for the North Broadway Area Infrastructure--Phase Ill Project, Bay Paint area in accordance with the approved plans and specifications. IV. Conseguences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. rc3. ,v.'It 0,)It,rfv ��unty Ounsr NU. It Al\& 1DNENS"TG PURCHASE AND SALE AGMEMENT nis Amendment to that certain Purchase and Sale Agrc=tot Between.Contra Costa County and Grantor Named Herein(the"Agreement"), that was effective as of November 4,2003,entered into by and between.CONTRA COSTA COUNTY("County") and SERGIO D. SWGB BHAIRO and GRACE Sl:�`d'+GHBHAIRC3("Grantor")is made as of the_day of 2004,.by and between County, a political subdivision ofthe State of California, and Grantor. RECITALS A. County and Grantor entered kato the Agreement pursuant to which Q antor agreed to sell and County agreed to purchase the"Property'described in the:Agreement. B. County and Gh=tor desire to enter into this Amendment to amend the purchase pace for the Property,to add additiotW terms regarding the date and spanner in which Grantor wl vacate the Property, and to othcsvise modify the Amt as more particularly described below. NC)'SX>',THERFFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree to amend the Agreement as follows. I. pgLaitions. Except as otherwise defined herein,capitalized terms used but not othtrwise dcfzned hereinn are wed as defined in the Agreemeot. From and after the effective slate:of this Amendment,all references in.the Agreement to"this Agreement"(or words or phrases of similar m shall be deemed refemnces to the Aghcem=t as amended hereby unless the context othem ise specifically rewires. 2. SR99ift Amendments A. Paragraph 3 is hereby deleted and replaced with the follwAing paragraph 3: 3. Purchase Prim The pumbase price for the Property shall be Four Hundred Twenty Thousand Dollars ($420,000.00)("Purchase Price). B. Subparagraph 3.3 is hereby added; 3.3 Grantor expressly waives any right to relocation assisuAce and relocation benefits to which Grantor may be entitled under Federal or State lacy(including those set forth m Cals'.fornia.Government Code Section 7260 et seq.,42 Umted States Code Section 4601 et seq., and Code of Civil Procedure Section 1263.5101). l 900IZ00'd 900# V0:9I bDOZIC I I ZO ;WO AA r 1.u. tJt'll'T 7.VVnal V. U. VV VIII ) UV'JV;Z!CI . JA C. Subparagraph 5.2 is hereby deleted and replaced with the following subparagraph 5.2: Gr�tor's Deposit irdo Es crp v. On or before February 23,2004,Granter will deliver into Escrow with the Title Company the following documents: A A grant deed, in recordable form and properly executed on behalf of Grantor, in a form approved by County(-Grant Deed") conveying to County the Property in fee simple absolute,subject only to the Approved Exceptions; B. Copies of any cflective leases,rental agreements or ahyother agreements, if any,which the County has agreed in writing are to remain in effect after County takes title; C. Grantor's affidavit of nonforeign status as contmplated by Section 1445 of the Irrtemal Revenue Code of 1986,as amended[26'USCA section 14451 ("FiRP'TA Affidavit"); D. Grantor's of dzl it as contemplated by the Revenue and Taxation Code section 18662 C ixTithholding Affidavit"); and E. Grantor's escrow instrucdow prepared by Title Company for Q-autos, as seller,in connection with this Escrow. D. Paragraph 19 is hereby added,. 19. 'V'acation of the Property. Crrauator shall vacate the Property and deli-er all keys to all i nprovememts thereon to Tula Compazzy on or before noon on March 11,2004. Grantor shall leave the Property and hnprovemettc thereon in good condition with all fixtures in place and in good working order. 3. No Chher Amendments or Mo cati=a. Except as expressly amended pursuant to this Amtmdwent, all other provisions of the Agreement are unaffected,remain in full force and effect with no other amendments or modifications and are ratified and confirmed in all respects. 4. Grantor-'a Eamniota and D vm Qf AmeadrnenA- On or before 5:00 p.m. on February 17, 2004,Grantor shall exex ute and hand deliver the s4ned Amendment to County c/o Lucy tweets,Real Property Division,Public Works Depa Imetu,255 Glacier Drive, Martinez,CA 94553,telephone(925)313-2229. 2 gooffoo'd 900# bort boob/ct/30 :U1oad � 5 5, RgUres�,y..aatatious- The,parties hereto have entered into this Amendment based solely upon the representations, covenants and warranties contained and referred to herein. No party has placed may reliance on any representation not expressed or referred to in.this Amendment. 6. Voluacary greenhorn of Amendment. The parries hereto have freely and vohmtarily executed this Amendment and arc not acting under coercion, duress,menace; ecouom:ic compulsion, or because of any supposed disparity of bargaining power,rather,the patties hereto are freely and voluntarily signing this Amendment fbr their own benefit. 7. ge�t�=ation by Co_un_el. The parties lareto each acknowledge:dA hey have been represented in tlhe negotiations for, and in the preparation of,this Amendment by counsel of their own choosing,that they have read ibis Ameadmeal or have had it read to thom by their counsel; and that they are fully aware of and understand its contents and its legal effect. Accordiugly,this Amendment skull zaot be construed against any Party, anal the usual rale of construction that an agreement is construed against the party which drafted it shall not apply. $. Ap�oval andEffcrtivo Date This Amendment is subject to approval by the County Board of Supervisors, and shall be effective on the date approved by the County Boaad of Supervisors. 9. QkvgMjpg`Law and' etz a This Amendment will be govmxked and constued in accordance with Cal fonnia law. The venue of tmy litigation pertaining to this Ammdment will be Contra Costa.County,California. CONTRA COSTA COUNTY GRANTOR REC NPXF.NDED FOR APPROVAL: S I�.,�Sm�h'bZ•o BY- Real.Pr oputy Agent By Grace r g bluairo� By Principal Real Property Agent Date: _ (Date signed ty Grantor) APPROVED: F Maurice M.Shiu to as atton Public'Wvrlcs Director Attorney for Grantor Date: (Date,of Board Approval) 3 9001VOa•d 900# 90.91 �0031LI130 :Woj� .......................... ................... vi v. v, vvv'It) vvUit c1 tYt1, 10) t. APPROVED AS TO FORD: Silcano B. muchosi County Coumsel By Deputy �:�C'vtdFdtatl2oR�OGN�t�tCC6dHpift Ri PutLBffi @�CA(S�5'�gtt(SiaShb�3DC}wpd 't 900/900"d 900# 90:91 VOOZILI/Z0 :Wojj Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA; GREENBERG, DESAULNIER AND GLOVER NOES: MiE ABSENT: NONE ABS'T'AIN: NONE RESOLUTION NO.L004/ 78 SUBJECT: Acceptance of Instrument for Offer of Dedication for Drainage Purposes,for DA 0021 (cross-reference Subdivision 8509) Phase IV Outfall, being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley)area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication DA 0021 (cross- Windemere BLC San Ramon III For Drainage Purposes reference SUB 8509) Land Company, (Dougherty Phase IV Outfall L.L.C. Valley) APN 223-090-006 223-100-057 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of SG:rm Supervisors on the date shown. G:�,C,rpData\Eng$vc1BOti2004\02.24-04\DA 21 RO-30.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB cc:'' current Planning,Community Development Department ATTESTED: FEBRUARY 24, 2004 Windemere BLC Land ConVany,L.L.C. 3130 Crow canyon Place,#310 JOHN SWEETEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 Alto:Baan Olin County Administrator BY Deputy RESOLUTION NO.2004/ 78 el CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L. I�IR, Clerk-Recorder Contra Costa County DCC— 200 Public Public Works Department Tuesday, FED 24, 2004 14:53:16 Return to.. FRE $,0.00 Contra Costa County Tt 1 Pd $0.00 Nbr-MISM51 Public Works Department Records Section 1 r C/RS/1-9 Area: San Ramon(Dougherty Valley) Road: East Branch Parkway Development No.: RA 1137&DA 0021 Assessor'sNo.: # - zxa-clg-Obfv�2zs-Rao-os7 OFFER OF DEDICATION- DRAINAGE PURPOSES Windemere BLC Land Company,L.L.C. ,the undersigned,being the present title owner(s) of record of the herein described parcel of land, does hereby make an irrevocable offer of dedication to COUNTY OF CONTRA COSTA, a political subdivision of the State of California, and its successors or assigns,of an easement for storm, flood and surface water drainage, including construction, access or maintenance of work, improvements and structures, whether covered or open, or the clearing of obstructions and vegetation, upon the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map)attached hereto. It is understood and agreed that COUNTY OF CONTRA COSTA and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned executed this instrument on JAWP W' ZOO (See attached signature page and notary) :mw �\PWS I1SHARDAI*A\GrpDataTngSvc\Form\OF W ORD\OF-9.doc Rev.December 3,2003 SIGNATURE PAGE FOR OFFER OF DEDICATION Windemere BLC Land Company LLC, a California limited liability company By: Brookfield Bay Area Holdings LLC, a Delaware limited liab company, Member By: Its: David Luebkeman Vii`+PrE+Sid@n� f Financial Officer By: Its: By: Centex Homes,a Nevada general partnership,Member By: Centex Real Estate Corporation, a Nevada corporation aging General Partner Its: �" •+ f� f By: LEN-OBS Windemere,LLC, a Delaware limited liability company Member By: Lennar Homes of California,Inc., a Iifornia corporation in emb Y: Its: SU�t+v- t �`# - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �1 State of California ss. }I County of C Ot, L CCStr- r rj On t�Q v_i if Z -2-M4 before me, t ? rzz- t.,.• L,=u ne- Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pubbe) 'r} personally appeared lJ t�t>Gt �C�V'� it '.-Utri ( tN� Ll, '? Name(s)of Signee(sJ .� dbmhI Odiwt LEVINVE OTersonally known to me 1�I GltNurbn 14tggfi5 © proved to me on the basis of satisfactory5 a iiV611f11�►ft"C•Colkwnlo s evidence k . Gera Corr county Ca7 ML OMMW24,20D7 to be the person&whose name is/40 1 subscribed to the within instrument and tis < acknowledged to me that executed r'S the saae , in hi th ' authorized capacity and that by t i ♦14tN'Ji signaturn the instrument the perso or ' the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal Z -- LU444 Signature of Notary Public ti OPTIONAL f" 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. T; Description of Attached Document Title or Type of Document: ( t Cel U " VJY'-so, D%e S ?; Document Date: Number of Pages: �> i; Signer(s)Cather Than Named Above: �l Capacity(les)Claimed by Signer Signer's Name: NEW z + 0 Individual Top of thumb here Z D Corporate Officer—Title(s): A t Partner—C Limited 0 General <` C Attorney-in-Fact s ., C Trustee CI Guardian or Conservator 0 Other: Signer Is Representing: x=., .'=-�. .• -. -� v..,_ ..4f :ti.�.;n`f���t.(,�.<� '�"-c � _.r'��C;�,C,`�`C.`�%f%�C.'�G�^�v'4'.�4��':`=C.-��':.�;.'�.G.4-%G:�`4`�^W` C•1999 Nacional Notary Assaciatlon+9350 Da Soto Ave.,P.O.Box 2402•CnatSWOd1,CA 91313.2402+w nationalnotaryorg Prod.No.5907 Reorder:Cam Toll-free t-600-876-6827 CALIFORNIA ALL-PURPOSE:ACKNOWLEDGMENT el/ STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On January 13, 2004 before me, Jackie A. Nelson Notary Public personally appeared R. John Ochsner ,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon the behalf of which the person acted, executed the instrument. WITNESS my hand and official seal MOFJACIUE tCOMM.9 18528W arAKr FURMac-CAotrn.co�r�coum 3 3itt npsu24 M SIGNATURE OF NOTARY PUBLIC Jae' A. Nelson My Commission Expires April 22, 2006 OPTIONAL Though law dues not require the data below, 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 or Type of Document Title(s) Number of Pages Signer is representing: Name of Person or Entity(ies) Date of Document Centex Homes-- Northern CA Division Signer(s) other than named above 1855 Gateway Blvd., Suite 660 Concord, CA 94520-8417 Signer(s) other than named above V---. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT J State of California ss. County of -� on '�AN+.7r�t#:'- O`L�, ?CO` before me, Dale Name and Tide or 081cer(e.g.,"J Doe,Notary Public") personally appeared tZ t_ N 14_;2L�_ Name($)of Signer(s) ``.personally known to me 0 proved to me on the basis of satisfactory r evidence to be the persons) whose names) is/a4*- subscribed to the within instrument and - Kacknowledged to me that he/sib executed KAREN L1.. EENAN the same in his/i�er/their authorized Commission N 1378327 capacity(iss) and that by his/hem z i� E apt Notary Public California , signature(&)on the instrument the person(},or Contra CostaCounty I�hyComrri.Ex��iresC7ct7.2e1b the entity upon behalf of which the person(&) acted,executed the instrument. WiTNESStmy hand an fficlal�al. r~\ signature of Notary ublic i. OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: 0 Individual Top of thumb here 0 Corporate Officer—Title(s): 0 Partner—0 Limited 0 General 0 Attorney-in-Fact C3 Trustee ❑ Guardian or Conservator 0 Other: 1 i Signer Is Representing: 1 0 1999 Naticnai Notary Association•9351D De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nadonalnotary.org Prod.No.5907 Reorder:Call Foil-Free 1-800.878-682' NOVEMBER 25, 2003 JOB NO. : 462-00 WINDEMERE MIDDLE SCHOOL STORM DRAIN EASEMENT CONTRA COSTA COUNTY, CALIFORNIA EXHIBIT `A' REAL PROPERTY, SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 11, AS SAID LOT 11 IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 8620, RECORDED OCTOBER 25, 2002, IN BOOK 448 OF MAPS AT PAGE 9, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, ALSO BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO WINDEMERE BLC LAND COMPANY, LLC, DESIGNATED AS PARCEL SEVEN IN THAT CERTAIN DEED RECORDED APRIL 13, 2000, IN DOCUMENT NUMBER 2000-73786 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHERN LINE OF SAID LOT 11, SAID POINT BEING THE SOUTHWESTERN TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS, "NORTH 55056' 11" EAST 925.393 METERS" , SAID SOUTHERN LINE ALSO BEING THE NORTHERN LINE OF SAID PARCEL SEVEN (2000-73786) ; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG SAID SOUTHERN LINE, NORTH 55056' 11" EAST 513 .20 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID SOUTHERN LINE, NORTH 01012' 08" WEST 26 . 95 FEET; THENCE, NORTH 81006' 20" EAST 53 .23 FEET TO A POINT ON SAID SOUTHERN LINE; THENCE, LEAVING SAID SOUTHERN LINE, NORTH 81006'20" EAST 130.46 FEET; THENCE, SOUTH 40032' 28" EAST 7 . 83 FEET; THENCE, SOUTH 03002' 31" WEST 5 .46 FEET; THENCE, SOUTH 81006' 20" WEST 158 .98 FEET TO A POINT ON SAID SOUTHERN LINE; THENCE, LEAVING SAID SOUTHERN LINE, SOUTH 81006'20" WEST 17.20 FEET; THENCE, SOUTH 01012' 08" EAST 8 .71 FEET TO A POINT ON SAID SOUTHERN LINE; THENCE, LEAVING SAID SOUTHERN LINE, SOUTH 01012' 08" EAST 486.54 FEET; THENCE, ALONG A NON-TANGENT 200 . 07 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 06046' 52" WEST, THROUGH A CENTRAL ANGLE OF 03027' 28", AN ARC DISTANCE OF 2.2 . 07 FEET; P:\462-00\PH04\LEGALS\MIDDLE SCH00L\LG-PLAT-SDE-MSX0C LEGAL DESCRIPTION NOVEMBER 25, 2003 PAGE TWO JOB NO. : 462-00 THENCE, NORTH 01012' 08" WEST 477 .48 FEET TO SAID POINT OF BEGINNING. CONTAINING 8, 171 SQUARE FEET OF LAND, MORE OR LESS. ATTACHED HERETO IS A PLAT ENTITLED, "EXHIBIT 'B"' AND BY THIS REFERENCE, IS MADE A PART HEREOF. END OF DESCRIPTION Exp. # CHRISTOPHER S. HARMISON L.S. NO. 7176 ��TA11����4• EXPIRES: DECEMBER 31, 2005 Of P!\462-00\PH04\LEGALS\MSDDLE SCt;00L\LG-PLAT-SDE-MS,DOC c� cv SUB 7976 zit LOT 20 �` ' , SUB 860 63 435 M 29 LOT 11 `ate 448 M 9 44 Y 3���,,----SEE DETAIL A POB SEE DETAIL B 8,171 SQUARE FEET PAROL SEVEN POC �!1 2000--73786 O.R. I ti !I NO3'19'24"E(R) S06-46'52"w(R) cl TANGENT TABLE L6 NO.1 BEARINGLENGTH DETAIL �r�,�l i tjj L1 N01-1 2'08"W i 26.95' ',I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NODE ABSTAIN: NONE RESOLUTION NO. 2004/ 79 SUBJECT: Amending Subdivision Agreement,Minor Subdivision 3-00,Alamo area. (District III) The following bond and bond rider guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Gene R. Schmidt,Inc. as principal in the farm of a corporate surety bond(Bond No. 867856S) dated June 17, 2003, and corporate surety bond rider (Bond No. 867856S) dated November 24, 2003, and issued by Developers Surety and Indemnity Company in the amount of $267,200.00 for faithful performance and$134,920.00 for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement,Resolution 2002/530, approved by the Board on September 10, 2002, is hereby AMENDED to include the above-mentioned corporate surety bond and bond rider. All deposit permits are on file with the Public Works Department. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of G:\GrpData\1rngSvc\BO\2004\02-24-04\MS 3-00 130-23.doc Supervisors on the dater shown. 3D:rrn Originator: Public Works(ES) Contact: Frank Navarro(313-2264) ATTESTED: FEBRUARY 24, 2004 CC. Director of Community Development Public works -Accounting JOHN SWEETEN, Cleric of the Board of Supervisors -Construction and County Administrator By ,Deputy RESOLUTION NO.2004/ 79 � [ IN'SCQ INSURANCE SERVICES, INC. Underwriting Manager for: L33CU� Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•X949}263-3300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 8678565 Principal: Gene R. Schmidt, Inc. Obligee: County of Contra Costa Surety: Developers Surety and indemnity Company Effective .tune 17 , 2003 , it is agreed that: Increase Performances Bond Amount from$196,000.00 to$267,200.00 and Payment Bond Amount from$89,400.00 to $134,820.00 Nothing herein contained shall be held to vary, waive, alter, or extend any of tate terms, conditions,agreements or warranties of the above mentioned bond, outer than stated as above. Provided, however, that the liability of the company under the attached band as changed by this order shall not be cumulative. Signed this 24th day Of November 2003 Lincip Gene Sch idt,Inc. Surety: Developers Surety and indemnity Company t-14 A. d&QAkn��-' 0- y: J a Attorney-in-Fact PRODUCER: California Insurance Center ID-1183(REV.1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA SS. County of CONTRA COSTA On UOJOARV ! Z 2-C ? before me, ALEX D. VOSICM— NOTARY PUBLIC Deft None art!Title of Officer personally appeared Names}of Signers) ❑ personally known tome -OR- Q� proved tome on the basis of satisfactory evidence to be the personwhose nameWislubscribed to the within instrument and acknowledged to me that he/4W Uaiey"executed the same in his/pof/tper authorized capacityW, and that by his/W/t)a r signatureXon the instrument the personK, or the entity upon behalf of which the person, 'acted, executed the instrument. ALEX 17. VOSICKA WITNESS my hand and official seal. �A Comm, #1269261 Vi NOTARY PUBLIC-CALIFORNIA Contra Costa County My Comm.Expires,lulq 27,2t}44 -t4 of Nwwy Public OPTIONAL INFORMATION The information below is not required by law. However,it could prevent fraudulent attachment of this acknowledgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL �` 3r CORPORATE OFFICER(S) 1 TITLE OR TYPE OF DOCUMENT TITLE(S) NVp . Cl PARTNER(S) fJ ATTORNEY-IN-FACT WE FLO S 4CKt1jLey6[MlF15--i-� Q TRUSTEE(S) NUMBER OF PAGES 0 GUARDIAN t CONSERVATOR Nf W6 M r4, Cl OTHER: DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IESy. _ r? '. H011i A INC ....................... ...........-..... ................. -:0" STATE OF Callfbmia SS. COUNTY OF Contra Costa on NOVEMBER 24, 2003 before me, Tanya Chinchilla,Notary Public PERSOMALLY APPEARED John Daley personally knowit to me(OM akj*w)to be the person(zO whose name(30 ivbaz subscribed to the within instrument and cu kitowledged to me that he13b&*1=executed the same hi lz&kXk -authorized cupacity(igit and that by his/ X° sigiurturef4j on the instrument the personffj,or the entity upon behalf ,f which the persmz(4 acted,executed the instrument. S A Ab TANYA CHINCHILLA WITNESS my hand and official seal. I cc>mrnission# 1375163Z1ZL Notary Public - California ?z, Contra Costa County My Comm.Expires SeP 16,2006 .��j Signature — This area for CVidal Notarial Seal OPTIONAL Though the data Wow 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 D INDIVIDUAL C3 CORPORATE OFFICER INCREASE RIDER TO BOND(! 8678565 TITLE OF TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ umrrED ONE (01) ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) D GUARDIAN/CONSERVATOR NOVEMBER 24, 2003 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PSRSONS)OR ENTM(M-S) DEVELOPERS SURETY AND INDEMNITY COMPANY NIA SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725.IRVINE,CA 92623•(949)263-33(X) KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** John Daley, M.R. Prenger, C. Smith, Lin Barnett, jointly or severally *** astheir true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties.bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURE'T'Y AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board.the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"'day of January.2002. \`— �� ` 3 19t 99IIItlttit , AND OMpAIVY fi By David H.Rhodes.Executive Vice President ,ryJ \,POh+,gT@�"g,'? O¢POg C W- OCT.5 I 1 U c O. tis s 1967 "at936 ate: By Walter A.Crowell, Secretary y*0' ! 'SSk°`A �CIFO(k a .,4Wa.9 "",yt"ttilfitl�tiitlllt`t STATE OF CALIFORNIA } )SS. COUNTY OF ORANGE On January 8,2tXi2,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.execirted the instrument. WITNESS my hand and official seal. rANTONIO ALVARADO G1 COMM.#1300303 " Notary Purine-California X ?� r ORANGE COUNTY Signature My Comm.Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California..the 2,4_T1._day of By David G.Lane,Chief Operating Officer iD-1380(01102)