HomeMy WebLinkAboutMINUTES - 01242005 - C3 BOARD OF SUP-ERVIS R
_':�! M: MAURICE M. SH111J,.PUBLIC WORKS DIRECTO
ATE Januar 24, 2006
UBJEC ,* Approving the Third Extension of the Right of Way Landscaping Agreement for A 98-01083,
Sa .amore I oug . rt valley)area.. (District IIIA
SPECIFIC REQUEST(S))OR RECOMMENDATIONS) C BACKGROUND AND JUSTIFICATION
ARECMMENA.TIN
ADOPT Resolution No. 2006/ *�4 for RA. 98-01083, approving the Third Extension of the Right of Way
Landscaping Agreement for project being developed by Shapell Industries of Northern California, San Ramco
(Dougherty Valley) area. (District III)
FISCALIMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMEND TION S
The Right of Way Landscaping Agreement has expired.
CONSEOUENCES OF NEGATIVE ACTION*
The Right of Way Landscaping.Agreement will not be renewed.
Continued on Attachment: {SIGNATURES
OMMENDATION OF COUNTY ADMIN ST OR
RECOMMENDATION OF BOARD COMMITTEE
uo PPROVE OTHER
St NATURE
APPROVED AS RECOMMENDED OTHER.
I:hereby certify that this is a true and correct
copy of an action taken and entered on the
:minutes of the Beard of Supervisors on the
VOTOF SUPERVISORS date shown.
UNANIMOUS(A SEN '
AYES: NOES*
ABSENT: ABSTAIN.
ATTE S TED: �
Y: JOHN SWEETEN, Cler t .e Board of
G:\GrpData\EngSvc\BO\2006\01-24\RA 98-41083 BC)-11.doc r ll I"°V' U Sn11:1Administrator
County
Originator: Public Works(ES)
Contact: Teri Rafe(313-2363
cc: Public Work —T.Bell,Construction
Current Pla g,Community Development By Deputy
T--July 21,2406
Shapell Industies,
100 N.Milpitas Blvd, ,
Milpitas,CA 9503
American Casualty Company of Readi ng,'PA
2355 E.'Camelback Rd.,Ste 500
Phoenix,AZ 95016
THE BOARD OF SUPERVISORS of CONTRA COS'T'A COUNTY, CALIFORNIA
Adopted this Resolution on January 24, 2006 by the fallowing vote:
AYES: Uil ema,Piepho,DeS ulnier,Glover and Glioia
NOES: None
ABSENT: None
ABSTAIN.- None
RESOLUTION NO. 2006/ 4:
SUBJECT-. Approving the Third Extension of the Right WayLandscapingAgreement for:�A
.
98-01083, Say.Ramon(Daugherty "alley) area. (District 111
The Public Works Director having recommended that he be authorized to execute the third
agreement extension whichextends the Right of Way Landscaping Agreement between Shapell
Industries of ort erh California and the ;ounty for construction of certain improvements*in RA.98-
01083, in the San Ramon(Dougherty Valley) area, through September 21, oo
APPROXIMATE PERCENTAGE OF WORK COMPLETE: 98%
ANTICIPATED DATE OF COMPLETION: September 200
►
REASON FOR EXTENSION: The Right of Wad"Landscaping Agreement has expired.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
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
G.-\GrpD ta\,n Svc ► \2006141-241 A 98-0108 BO-1 Ldoc shown.
Originator: PublicWor.s(ES) '�,r ��`�+�. ++''"�"�"
Contact: Teri lie(31.3-2363) .��TTES ED:
cc, Public Works--T. ell,Construction JOHN SWEETEN, Clerk o e Board of Supervisors and County
Current Planning,Coxnr nunity Developtnent Administrator
T;—July 21,2006
shapell lndusties
100 N.Milpitas Blvd,
Milpitas,CA 95035 ,Deputy
Arnerican Casualty Company of Reading,PA
2355 E.Caelback Rd.,Ste'540
Phoenix,AZ 95016
RESOLUTION NO.2006/ �
ecord-ec at the request of
Conte Costa County
Public Works Department
Retro to.
Public Works Department
Records Section
Area: San Ramon Do4ghert Valley)
Road.-N
Co.Road.No..N/A
Development: SuldiviSI
c8
Development: � O
PN:222-160-00- ►
OFFER OF DEDICATION-LANDSCME EASEMENT
We, Seif A. Zaki and Sheila L. Carson,the undersigned,being the present title owner of record of
the herein described parcel of land,do hereby make an irrevocable offer of dedication to the public
and to CONTRA COSTA COUNTY and its successors or assigns, an easement for landscape
purposes'L including installation and maintenance of landscape'Iproveme xts,over 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 CONTRA COSTA A LINTY and its successors or assigns shall
incur l ah%� v th 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 gaffer has been accepted
y appropriate a tidn eftl e hoard of Sup
ervisor ,or of the local governing body of its successors or
assigns.
In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public,
should determine that the use of said property or any portion thereof is no longer needed,the rights
herein given shall terminate as to those portions not needed and revert to the undersigned ower or
its successors or assigns.
The provisions hereof shall inure to the benefi
Landscape Maintenance Easement
City of San Ramo
Contra Costa County
EXHIBIT""Al
Real property situate In the City of Say.Ramon, County of Centra Costa, State of
California, described as follows.-
Being a portion of Correction Grant Deed to Self A. 'saki and Shelia L Carson, recorded
May 27, 2005 in Document No. 20050191512, Contra Cosa County Records, described
as follows:
at the southwestern corner of said deed,- thence along the western,
northwestern and northers tines of said deed the following three 3) courses.-
1.
ourses:1. North 04017'00"East, 38.589 meters
2. North.47047'35"East, 2.585 meters
3 South 88041'50"East, 0.497:teeters.
Thence leaving last said line, South 00'49'52":fast, 14,102 .eters; thence,
South.04'07'20"West, 26.163 meters to the southern li .e df said deed; thence along said
southern life, South 89'49'44"West, 3.618 meters to the Pol*nt of Begini .
Contains 133 sm±, 0.01 pec arcs±
End of Description
No.518
Ex . + -3 - '
-*00 IZw2oo �7'7
Charles . el man,, Late
Land Surveyor No. 5186,
License Expires: 06-30-07
LEGEND
P.O.B. POINT OF BEGINNING
sm SQUARE METERS
N _ ha HECTARES
(T) TOTAL
(EX.) EXISTING
0.497m
N4747"351F LILA RJDG� ROA fJ
2.585m
8 4150 E 25_740m_[7)
mom
mom
- - - - - - - - - -
� � 0049'52"E
500m
PUE I �
14. 102m
AREA
Y Yii
ii�i
Yii�i
rn
Qr)
(0*0 lh al)
NO• Lo1
pOc'Um
25 �9 j 512 S�gD1, 1 Z�0M 1
1 13 W
c\1Q)
o
3.6 18m
Mmmowmwm
A O.B.
S894944 w� N88*41'*JU'*'pW'
14.986m(T) 14.640m Lp1 5� X796
SU: f3p1Vl5�b>
gg5
EXHIBIT
�
B "� """�"" �wru """»° 7/0/2005` , ,,. "` °`. _ '° , "�,°
PLAT Tu: ACCOMPANY LEGAL DESCRIPTION ensen.
FOR zar a. Associates
LANDSCAPE MAINTENANCE4600 A�
GHONE:H�SJ 3�21�9100� S00 AX: 925 ASANTON. CA 91588
EA;5EMZNT c > 22'-"°°
C1TY OF SAN RANON, CAISFORNiA SCALE: DATE: JOB NO.:
1:400 07-12-05 971143
CAUFORNIA ALLnPURPOSE ACKNOWLEDGMENT
State of 2.* �A%/ 0
County of AW7��. eSPX;da=
On `'" ^ before
AF Date Name and Titl of Officer(e.g.,"Jane Doe,Notary Public")
F 40
personally appeared ... IPA 490 C-91
Neffll%(s)of Signer(s)
0 personally known to me—OR--, `proved to nye on the basis of satisfactory evidence to be the person(S)
)
whose name(Q je/are subscribed to the within instrument
and acknowledged to me that 4e/sem/the/ executes the
same in bWbwltheir authorized bapacit ie s ,and that by
4W4w/their signature,,, n the instrument the person(D,
or the entity upon behalf of which the person@ acted,
executed the instruments
Old
WITNESS r hand and official�' a seal.
Ignature of Notary Public.
OPTIONAL
ZONA
`houcgh the information below is not required by lave, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 10 .. ► .
yp
Document Date: Number of Pages:
Signer(s) Other Than gamed Above;
c c ty Claimed bySigner(s)
Signer's Name: Signer's Name:
M Individual El Individual'
El Corporate Officer F Corporate Officer
Titles Titles :
1:1 Partner�----El Limited 0 General El Partner- F: Limited F General
0 Attorney-i n-Fact Attorney-in-Fact
TrusteeEl Trustee
1:1 Guardian or Conservator ator �RIGHT THUMBPRINT- C Guardian or Conservator
Other: Top of thumb here ❑ Other fop of thumb here
Signer Is Representing: Signer IsRepresenting:
C 1995 National Notary Association!8236 Remmet;Ave.,P.O.Box 7184•Canoga Park,CA 913019-7184 Prod.leo.5907 Reorder;Call Tall-Free 1-800-876-6827
ram A
UOTNTRA U"�OS.i A U UNI
"APING AGREEMENT EXTE:
RIGHT OF" WAY LAINDNU NSION
De'velopment Numben RA -01.083
Original Agreement Date September 213 1999
Third Ex : n New Termination _ September 2 ,2006
ImProvement Security
SURETY: Amer1can.Casualt
y:Company of Readina,PA
BOND NUMBER No.(Date). 9290197490 (8/31199)
Securily Securi Amount
icaw S ,$3-010.00 %cash,$1,000 Min.)
:fond Rider. S 19,215.00(Performance)
4' :M �
'Tlie DeAteloper andhSurae desire hi Ag ern ent tobe xtend d through heabove date--and Contra Costa County
and Said Surety he ebe2 V.
het�to and acknowledgeme.
Dated 0-2Q051
NQr
FOR CONTRA.COSTA,COUNTY C NTS ��
S. opes `�pure. �
uric Sh itis Public WCt6 797 1
�.
By:
Printed
DcArkpees,Sj*gnature.(s)
RECOMMENDED FOR A L
BY ��Id
E I peer � 1l 100 T. ilei a Blvd.
14il etas C 95035
Address,'
Amrican Casualty Cowan
of Read1ng, PA
(NOTE: Developer's, Siirely'.v and Fiiiancial Surety,or Financial Institutioll
is ftidoi '�v Signaxir s ot.ttv be Notarized.) 2355 E., Camelback Road,
Aldd. ress
+ qtr t Q1tr �
)(ttorneyi"n Facts Signature
Pamela L Stocks
i-nd
POWER.OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men B :P
y These ,resents,That Continental
Casualty Con p n r,anIlli
no scorporation,fational Fire Insurance Company of Hartford a
Connecticut corporation,�and�American Casualty Company of Reading Pennsylvaniaiesrporation(he in d CNCpana,Pennsylvania corei ca Ile "'the A om
are duly organized and x1 ting corporations having their principal offices Ire the Cityof Ch icago,and State of Illinoi
is,and:that they do by virtue of the
signatures and seals herein affixed hereby make,,const t to and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attomey(s)4n-Fact with full power and autho
rity,hereby conferred to sign.,seal and execute for and on their
behalf bonds,undertakings and other obligatory instruments of similar nature
In Unlimited.Amounts-
tre. v
and to,bind them th b as.;ffi- 11 a d to the same extent as if such instrument were sign
y ments: ed by a duly authorized officer of their corporations and all the
acts of said Attorney. purs authority hereby ratified and confirmed.
uim'Wthe'authori given is.
This Power of Attorn d- I and W:authority of the By-L and Resoluti ns printed on the reverse hereof,duly
ey is,,m de�and execute pursuant o. -Later 0
adopted,as indicated,,by the Boards of Directors of the corporations.
In Witness Whereot the,CNA Comiesh caused these p
.pam ave cause, resents to be signed by their eftior ice.President Senior Vi P dent and their corporate seals to be
hereto affixed on this 2 1 st day of March,,2005.
Continental Casualty Company
-Nmio
Ire, nsuran e Compan y of Hartford
American Casualty C o mpany Re
ad n Pennsylvania
of
)ULY 31
$E
Michael Gengler Sen` r''dice,President
State,of Illinois,,County of Cook,ss:
On this 2 1 st day of March,200 5,,before me personally came Michael Gengler to ane known,who, ing by me dul SWO, did depose and sav: that
el Y rn
he J resides in the City of Chicago,State of Illinois;that he is:a Senior Vice President of Continental Casualty,Company,an Illinois corporation orial
i Nati
Ko�o- Orporation,and American�Casualty Company of Reading Pennsylvania,,.a Pennsylvania corporation
ranc
Insu e ompi
Fire: C my of Watford,a'Connecticut c
f d
described to and'rhichexeq4tedfialve in rum.enttha
t he krthe seals of,paid con rpoWon& hi. eseas affixedtothe
saidinstrument are such
s ty Were$0 purs
corporate
se that their ]Boards of Di ofsaid rations and that he
UAW ority given by the
irectdrs o I colpo
signed.his name thereto
pursuant to like authority,and ac owle,4ges e to the act and d oMtlonSL'
kn be
eed of s d
.ai corp
Of"CIAL SM
UR PW
My Commission Expires'September 17,2005 Eliza.Price No itary Publi
c
CERTIFICATE
S ,
1.Mary A..,kibikiwskssistant ecretAis�A .. ry of C n I -alty Company
onti, en Casu an Illinois corporation at
N i
onal Fire Insurance Company of
Hartford,a Connecticut corporation,and American Ca Comp of ReaCig,P Ivania,,a Pennsylvania c oration:do hereby,certify that the
orporat sualty anyn enn
sy orp
Powerpf Attorney. herein Aves�e forth i still in - aS I force,and further certify that the Bpririt6Y w and Resolution of the.Board of Directors of the corporations
orce. test on -e and affixed the seal:6f the said corporations this
d on the reverse hereof is still m* :force. t
Whereof 1 have he eun 6 subscribec, mynam
29th dav of, t
200
Continen*I Casualty Compan
y
ompany Hartford
t
Nationa Fire Insurance C
2j
American,.casualty Co
mpany of Reading,Penn sylcrania
XILY 3 It
SEAL
t 97
Mary A.qikaileis Assistant Secretary
Form F6853-11/2001
Authorizing By-Laws and Resolution
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 adapted by the ward of Directors of the
Company.
"Article IX—Execution of Documents
Section 3. ,Appointment of Attorney-in-fact. The Chairman of the Beard 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, bands, 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 thererto. 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 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 7r"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 IX 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 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 adapted by the Board of Directors sof the
Company,
'`ArticleVI—Execution.of Obligations and Appointment of Attor a - nl,F ct
Section I Appointment of A ttorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Croup Vice
President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company i 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 cif 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-fast."
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 fay-:Daws, 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 adapted on February 17, 1993 by the Beard
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'Mice President or the Board of Directors may at any time revoke all power and authority
P 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 the1. 'h 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 adopted 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 can 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
t 29 2005 Sandy 11anner t
Noary Public
On before me,
Date NAME, TITLE OF OFFICEP., "'JANE DOE, NOTAPY PU8LIC"
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 per whose name(#is4amoubscribed to the within instrument and acknowledged to me that
W80912m executed the same in biw/her/ftic authorized capacityow* and that by PrWher/#W
signature(g) on the 'Instrument the person(l), or the entity upon behalf of which the person(jo acted,
executed the instrument
-A� Ask
AWL
S
:my
SANDY HANNER WITNE hand and official seal.
CLOM:Mission#1362157
o L my
081if6mia
Notary Public
1 0
LOS L-AngeleSL C Unt YL S' L L
,Q
IGNATURE OF NOTARY
20W,L LLL L
My COMM'L.
L L J-L L L L L LL L L
OMONAL
Though the data beloW is not required by law, It may prove valuable to persons relying on the document
and COULld prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUL AL
CORPORATE OFFICER
TILTLE(S) TITLE OR TYPE OF DOCULME NT
P ALRTNER(S) LIMITED
GENERAL
NUMBER OF PAGES
ATTORNEY-IK*FACT
TRUSTELE(S)
IL
GUARD
OTHL ER
DATE OF DOCUMENT
SIGN R LILS RL I
9 ELPftSLEW NG:
NAMEL OF PLELALSONENTIL( L OL TY(IES)
American C LLaSL
UaI any
Of L ILVLa n i a
L Red n
ag, PLefLj
W, __@0.... SIGNER(S) OTHER THAN NAMED ABOVE
G-10742AS-El
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Liar
On August 3 1, 2005 before me,Janice T. Kruse,Natal''Public personally ly appeared,
J.C.T rub idge&.Ke Cox Pers pally t �e t be t� persons whose names ars
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity,and that by their signature on the instrument the persons, or
the entity upon behalf of which the persons acted, executed ther stru ent.
AWE I OW
ommmon#1" � 'y WITNESS my hard and official seal.
z ,4
'
�
£` ature of Notary Public
Optional Information
Title or Type of Document: Landscaping Agreement Extension-RA-98-01083
Capacity Claimed by Signer: A. sista t Vice Eresi
de & s1€ a t Seereta � '
ShaiRellIndusWe Incl