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HomeMy WebLinkAboutMINUTES - 11152005 - C18 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORDSDIRECTOR DATE: November 15,2005 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08847, being developed by Shaped Homes,a Division of Shapell Industries,Inc., a Delaware Corp.,Danville area. (District SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 7- for Subdivision 04-08847, approving the Final Map and Subdivision Agreement for project being developed by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp., Danville area. (District III} FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08847 has been reviewed and processed by Public Works staff andmeets all applicable conditions of approval for recordation of the final map. CONSEQUENCES:OF NEGATIVE ACTION: The final map and subdivision agreement will not be approved. .". Continued on Attachment: SIGNATURE: ''�- --- COMMENDATION OF'COUNTY ADMINISTRATOR �_RECOMMENDATION OF BOARD COMMITTEE 1,APPROV E OTHER r SIGNATUR S ACTION OF BO DON G- & 0,.S— 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 Board of Supervisors on the VOT F SUPERVISORSf date shown. _V UNANIMOUS(ABSENT /4�' AYES: NOES: ABSENT: ABSTAIN: ,,..��//""'' ATTESTED�''yt;'r./e- +�--- ©ontacttor:Teti Works 236 JOHN SWEETEN, Clerk of the Board of Contact: Teri Rie(313-23b3) LL:tm Supervisors and County Administrator G:\GrpData\EngSvc\BO\2005\11-15\SD04-0884790-21.doe M Public Works—T:Bell,Construction Current Planning,Cotnnnntity Development T-September 15,2007 Shapell Homes,Attn:S.Savage and S.Worden 100 North Milpitas Blvd. BY. —� �L ;deputy Milpitas,CA 95035 American Casualty Company of Reading,PA Attn:P.Stocks 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 15, 2005,by the following vote: AYES: Gioia,'Fiepho,DeSa lnier,Glover and Uilkenm NOES: None ABSENT: '`None ABSTAIN. None RESOLUTION NO. 2005-/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08847, being developed by Shapely Homes,a Division of Shapely Industries,Inc.,a Delaware` Corp.,Danville area. (District III) The following docurnents were presented for Board approval this date: I. Map The final map of Subdivision 04-0$$47, property located in the Danville area, Supervisorial District III, said map having been certified by the proper officials. R. Subdivision Agreement A subdivision agreement with Shapell Industries, a Division of Shapell Industries, Inc., a Delaware Corp., principal, whereby said principal agrees to complete all improvements as required in said subdivisionagreement within two years 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 on the date shown. Originator:Public Works(ES) Contact: Teri Ric(313-2363) � �/' LL:mf ATTESTED: G'7'`/' WJ c:\c rna:a\Enssvc\so+zoos\11a5Sn 04-08847 so-ai:doc JOHN SWEETEN Clerk of the Board of Su ervisors and cc: Public Works—T.Bell,Construction ' p Current Planning,Community Development County'Administrator T-September 15,2007 Shapell Domes,Attn:S.Savage and S.Worden 100 North Milpitas Blvd. Milpitas,CA 95035 By ,Deputy American Casualty Company of Reading,PA Attn:P.Stocks 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 RESOLUTION NO.2005/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08847, being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,Danville area. (District III) DATE: November 15 2005 PAGE: 2 A. Cash Bond Performance amount: $4;600.00 Auditor's Deposit Permit No. 449564 Date: August 11 2005 Submitted by: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. Tax ID Number: 95-2578030' B. Surety on Bond Company: National Fire Insurance Company of Hartford Bond Number: 929348513 Date: August 3 2005', Perforimance;Amount: $458,10€1.00 Labor&Materials Amount: $231,354.{30 Principal: Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2005 2006 tax lien has been paid in full and thesupplemental tax lien is estimated to be$0.00. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: l'. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of.,the streets, paths, or easements'shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 20051 Z-4r rh Y il o < a tym ' g � c� a W Jill 1 INFO 8 «}y�yyq t <g y � N 6 9 C� m 44 QEQ tz Jae � KM t.fth - .. ... oll 1 q 02 !211 all sit Is I A g oft a m11 §11 11 c�2 a � �a9 Awl mile 11MR M I„ g i 1� t r OD La � � a o -ri La CK �e u � b �$ � r ir5ice p ,y 35 yr s" w '6 , CL N � � 0 lit �� m m X3 %ftlow c - " �� ^ ICA � Q� iyp. Vel �binyR�SJ� �(y� 1 ��{a. { {7`5��,y9� �'•tr y.�' �1~p�D u�(yK�� �JJ y�,xF yf* ^�.. ,r vi 10 [L C^t�. 4.." Q'�?jy �� & .•" Gyd�}%�`��Y.r� � ��2{•n w '" O yla:. r�� �� 7 .er F�'e o ss301 a I zzosN M edD°cc UN e .y/ z z. z tlr�� .k,AO�g&aN AA,e4S4N i ;iiliy y 3'AO,�aY,sZN i V W fbp 6 �� TOO-4w OO$ of 6(iS I vg 4 CaSm GLBtiafr, . '`�+' i s MCI 3 1A.SL.AI N 4. 4 l 55'9Ct4tiF} • i 7 Q � if v?7ocszsON wW'i �a�' Nx irt$t.t.A&+9 V { v "3 �J n 3uav-7 tX^ ra tT j�jl�a y S "`� a �g AApASy�yy dX r / h."'V6t ak Bf Yay, a : , xx4r � ,00,CL84.O N 1M{OO N�pH31QC1V5 ,115>0 }LT — 3,is>ec£" � v5 {a) � �3R`�d'"�''� .457$ cv'k•-Q��� ��Q+x ,ea'au t �`$�'• �`'f5�� 3G�" W*�.w `'2•� �`Nt'„j �y�.rytb�0� `iy0 :� ,88'L9t 3:4£v+.1A.01 N $ O (U�i .a �"N •$' p�° � �N ��N g $' d'8 i. �$ Y � •a`fit �;�."�: a Wit W �' 3 r, Y � +� N C GmS..nenGS. $JNf2SV3kl�(3$1$Y8 di ��H @E BaI 3s(Z,65.Lt N W�W)i£O£4 3..L5.LLC.N -Y1"W- - 3 --- N o AOVId M�fn7f� 40 A, `�*c'4s t^v�' (1.50'851 c y. 3«4)S.ZZ.OtN ism 's}?'r t1� •° P �,, a 3.no.zz.aaN '�: d"' q'' le — '�. � �N m�'' •• U �,�sgt"$r.fr etas a isg" �3�Stse —1�is.stN �� a aGazn azeraq t nz.iu eey C �y,tw 2'�5 m S �y ,FS'4 tv 3 S£.OLAtNJ i '3„�,�rZ Sc 8D'$L � 'ul?irf�5t74 - � m w r SUSID ViSIDN AGREEMENT Code,§$WU W ttM) Subdtvfalorr: SM$ 04..0 8 8 4 7 Effed"Data, Subritumer Shapel i Homes, A Divisir n of Completion Period: 2 ears THESE SIG NATi1RES ATTEST TO'RE PMMS3 AGREEMENT HERETO. Sha ell hidusitries, 'Inc..') A Delaware 'Corp'. rCONTRA CrJ�fA m 8UBQNfPER Mau ft auk Pubs:Workai}lresCnr � �tAteme + ' firGl'�DL R NDED FC Print T& 455-'r x ' ti Pat r ng ne PrI � FalAPf+RG1V Sit £f.Itrchesf,Coin Coun�et AA a>anaturam�ua#be acnoaderfged If Su er b Incorporated;the tract sfgrW by two ofE m.The f4s#i*oature met be tsatof o c hairinan of the board,prsisidenf,azVf �fheeeconda6Strerefha#offhe assistant chef Mandal AW,or assb�nitrea�:(Ctsr.Code i 1190 and Corpa.Co*6 3 3.) CERTIFICATE OF AC*$y#R.EDCMEtf# State ofCat omia County of x �f Qn#*date iwltters batouy before me,the uncters ted Notary Public,, appgarartfhe person ning som for known to ma(or•proved to r on�e basleots factory ev wr tUePata a}who" ate b€the rY and aekn f ip to me thathefahamey exesxrtart the same In hkiAierJtn"Ir su#hratzeri capaci that by h herAlnair sfgnairue the kssbirrrxiri#i#ie e),or the upon#x'nalf of wh to the mal fid; executed theinefn.nwL WITNESS my hand and official east. Dated: (wry Seal) 1. PARTIES&DATE.E on the above date,the Coun#y of Contra Costa,California.(herelnefter"County')and the ebo+re mentioned Suhtlividermutuaify prombe and agree as Ram omooffft ibis Subdivision: 2. IMER.QVEtstTS,Sufxfhdder frees to Inst�icerin road impronrerneCtta(botln ptsrllc amd ptMatel,drefrnsge trrgirosr9mertts,slgr#s�aet g9hfe,fire fnydrsrste,landscaping and such othetirnproverneals(ktcdnIl a#rpw#anant egttprirentl as required in the knprovemsnt plane forthle SW*A t as mviem d and on fe with the Contra Costs County Public Works Departmard,as ragAvd by Com*na of Approval for this,Subdhrtekn and In'confor wee vft the Contra Costa Cc"!Ordinance Cots,Including future, ndrk theitab (herektafter'Ordinance a Coda'. SubdhOarshal�oompb*wMlmprovements(hereinaft*W&k*)wiftftabovecm*ftpmWfmmd*beWssmwAWby#*Camla$tOdkM&pAct(Cov: Code,§166410 et set kt a goodworlu ntyte rnenner.In acxzrrdarsca with txrrteUrxalorr pratn> land In a rtxsrrner equal orsupaft m tho requke Was of the OrdktamCode and ruikngs made fmni rrda,,and waren there is a comUarriong the Impmusr pW*.the Co ns of Awmal'and the Ordinance Code,the meter rrxtutrsrrsants shall govern.' 3. ? Q1(E(E NT;" ECt3t�i1 Y.upon executing this Agremerd,the SukWldsrsbd,pursusat#o Gov.Cam BOW and the county Ordinance Coda,provide as aecuriNfa the County: 41600.00 458,100.00 A. dumarbrand - cash,OA addlior al securttt+,in the smou nt of 3 ,vAlch ftether total arra hundred peroertt(10Dl6}of the : oaaCafiso-YVork.'Sr�h add# rutty to preteri kn fha term of: - Crib,tsOad et"ormWa check. X Acceptable corporate surety bond. Acceptable Irrevocable IWter of credit Wrbftls"*,Sub&WdotgmmWspedommesunderthisAgreamentandma#rlenanceoftheWorkforoneyearafteriticx nletonand acceptance agak*any workmanship ormatedals or any unsatisfactory performance 231 ,350.00 8. For P Security Ir the amount,$ .which is fifty trercant(50%)of the estimated cost of the Work.Such secsalty is presented In ase form ofr Cash„certted check crcasler's chack x Ac captabfe corporate surety bond. Fon Approved by County Counsel Acceptable Irrevocable tetter of credit (Rev.001 1 Page 1 of 2 < �.�. ,�,, ,��.�U✓�,�^.�'v�%'i��w^",^:ivv'.�'�%v v�..�r.nf:��ni�.,�%i:.�,��.�, fu.ivy v.�i��. , rv��i,�,�-�✓�✓.W.nr��iw�.�.�^v✓v�vv�w^✓r�w�v�,.n"✓`✓�r�i. S SS >' CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ? County of Santa Clara <I On August 8 2005,before me,Janice:T. Kruse,Notary Public,personally appeared J.C. Truebridge and Sam Worden known to me to be the persons whose names are subscribed to the within inum strent and acknowledged to me that they executed the same ' in their authorized capacities,and that by their signature on the instrument the person,or the entity upon behalf of which the persons acted,executed the instrument. << .iNeCeT. usE —WITNESS my hand and official seal. s _ ComMission# 1318697 ? Notary Public-Cal lfOmia : Santa Clara County MV Comm.Expires Aug 244 2005 Sign tore of Notary Public Optional Information Title or Type of Document: Subdivision Agreement CC County-Wendt Ranch III Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of z Sbauell Industries,Inc. l� t, rl t ................... 5. .gg .......... M ........... ....... ...... OiM$;l l, E I Fggj&�,g NEW !AMMIRE Al"11 W.aI 'S zik'g ......... ... ME OR .... ...... p.j, on -MENM-9 N­�gla �.;z M IN M ..................... ............ MW PV mgm WIM, N RM'..MIN.M."MI-M I'M -ggg�g- MR am IN MINE MR z Hi�g gl:11.11.� E rr. 21N N®R,I, I.R gm Y !,g hr I'M RP NOW!? m riNS"'Vo 4.0- Mr.I i MAN! R EIRE 800- 0; 61161425, $4,600.061, Su ash Bond, 'Shapell ome , ries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 1 112300, G1161398, $1.245.23, MS 21-93, Minor Sub Improvement Inspection, Diablo Valley Estate Company, LLC, 101 Ygnacio Valley Rd'., Ste 330, Walnut geek, CA 94596 0649-9665 / 112300, 61161399, $7,800.00, MS 03-0023, Map Check COA Compliance Check, Improvement Plan Review, Richard Perez, 1011 Santa Fe, Ave., Martinez,CA 94553 0649-9665 / 112300, G1161400, $613.01, M500-00003, Inspection Deposit, Gene R. Schmidt, Inc., 940'Reliz Station Lane, Lafayette, CA 94549 0649-9665 / 112300, G1161402, $1,,400.00, Permit # 05-20379, Encroachment Permit Review- Large, Danville, Tassajara Ptrs, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 61161405, $500.00, R53025, Record of Survey Deposit, Toll Bros., Inc,, 250 Gilbraltar Rd., Worsham, PA, 19044 0649-9665 / 112300, G1161406, $500.00, R53026, Record of Survey Deposit, Virgil Chnez Land Surveying, 721 Tuolumne St., Vallejo, CA 94590 0649-9665 / 112300, G1161407, $12.706.40, RA1186, Landscape Improvement Plan Review, Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300, G1161412, $5,868.00, LP99-2061, Plan Review, Petrofunding, Inc., 4470 Yankee Will Rd., Ste 210, Rocklin, CA 0649-9665 / 112300, 01161413, $1,000.001, COA Compliance Check, Charles Lorraine Farr, 18311 Bollinger Canyon Rd., San Ramon, CA 94583 0649-9665 / 112300, G1161429 $24,300.00, Sub 04-8847, Major Sub Improvement Inspection, A Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300, G1161430, $500.0 0, MS 03-0019 Inspection Fee, Neil R. Cohn, Hannah Nicole Vineyard, 1260 Quail Trail, Brentwood, CA 94513 0649-9665 / 112300, G1161431, $1,000.00, M5 03-0019, COA Compliance Check- No Improvement Plans , Neil R. 'Cohn, Hannah Nicole Vineyard, 1260 Quail Trail, Brentwood, CA 94513 Subdivision. SUB'04-08847 (Wendt Ranch-Phase ITT) Bond No.: 229 348 513 Premium: $3 ,436.00 IYIPRovEiY1ENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (California Goventment Cade §§ 66499'-66499.10) 1. RecITALSOC SUBDIVISION A REEML7NT The developer.(principal)has executed a subdivision agreement with the 'County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision SUB (34-08847 Wendt Manch-Phase Ill ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel reap for said subdivision. 2. OBLIGATION: Sha ell Homes A Division of Sha ell h dustries Inc, A Delaware Corp. as principal andN anal Fire Insurance ars of `Hartford:. , a corporation organized and existing Linder the laves of the State of Cl and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Gxt fsntee: Four Hundred.Fifty Eight Thousand One Hundred and 00(100 Dollars($ 458 16(3.00 )for Contra Costa County or any cityassignee under the above County Subdivision Agreement. B. Payment: Two.11undred Thirty-One Thousand Three Hundred Fifty and 001100 Dollars ($ x:3135t 0.0 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division Ili of the Civil Code of the State of California, 3. CONDITION: 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 peep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and perfon-ned atthe 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 (or 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,there shall be included 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,all to be taxed as costsand included in any judgement rendered. B. The condition of this obligation, as to Section (2.13.) 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,laborers,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 kind,or for amounts due under the Unemployment Insurance Act 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 costs 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 file claims under Title 15(coinzneneing with Section 3082)of Pail 4 ofDivision 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions ofthis bond be fully performed,then this obligation shall become null and void; otherwise it shall he and remain in frill 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 of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and.consent is hereby given to make such alteration without fiirther 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. SIGNED AND SEALED on 2005 Shapell Horns, A Division of Shapell Industries, Inc. , A National Fixe Insurance PRINCIPAL: Delaw&re Gbrp. SURETY: Company of Hartford E. Address: 200 N. Milp .Address: itas Blvd. Su5it X5( 1 lback Road City: Milpitas CA Zig: 95035 Ity: Pho . • oAZ Zip: $5016 y Print N e: Vie= 6,l/2 Print Name: Pamela L. Stocks Title; ` : - : Title: Attorney-in-Fact By Print Name and Title: GAGvpDa€a%4roU%v\1-amr.\13€1YC112DNOKI-12.doc :33 NF331,Ei 'l¢ 3S.': '3 •,'! >! 91......E S '•8:3 .•,:w. .....,... n.....: .1iT 3S Iq.. 3iE 35.:" 3 ..av5r .v#!. A: 335. +i5e.,, lid, .3„if!S 5 XY '. .., f 31,N I,..I f•:-:::, , •Y �, ✓�:MV 'l.tiiV'�' WW //.�.,^.N�V..'V✓ 4 ',. ✓, n �.^ �.'ti`� ^'w^,^..`..�r.n/*i '`/w',v,nh/.,'n�,✓•✓.'✓Vv`.'r ., v.vv!/ �� .. i ^..'\Y uti V.'✓rv".'/. M✓�."// W,.fY"\N\!v ./V fti.ti� .i\/.`V+/r .. i .' ✓ .'Vi v'i./'/`../'�"*.r^W ./V^.%.�iV^Nvi"✓:%'./../.'.'\/'v/l/4^J✓^lVyi'�;V^..1 ,11 `C SS ;� `S T CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT' State of California `? County of Santa Clara ; On August 8,2005,before me,Janice T.Kruse,Notary Public personally appeared J.C. Truebridge and Sam Worden known to me to be the persons whose names are z subscribed to the within instrument and acknowledged to me that they executed the same z in their authorized capacities, and that by their signature on the instrument the person, or >I the entity upon behalf of which the persons acted, executed the instrument. ss USE JAME T.KR s` r,,aAi;_ Commission# 1318647 >. WITNESS my hand and official seal. { Notary Public-CaliforniaSanta Clara County My Comm.Expires Aug 24,21105 Si ature of Notary Public x Optional Information Title or Type of Document; Security Bond-Wendt Ranch LII Capacity Claimed by Signer: AssistantVic-a President'and Assistant Secretary of '> ShIgell Industries,Inc. t rr \',._:' ice.,i.. F .ti::" \ .\ ., \. \,� :. ,.;' , ` :,:: .. ., .,\../�-'.`/N ',i i v\%vim. i J�U ✓/ >'\`/- .. POWER OF ATTORNEY APPOINTING MIV'IDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called',the'CNA Companies"), are duly organized and existing;corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Manner,Gina O'Shea,Individually, of Sherman Oaks,CA,their true and lawful Attomney(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 Senior Vice President and their corporate seals to be hereto affixed on this 21st day of March,2005. cttr Continental Casualty Company National Fire Insurance Company ofHartford c, +►*s .r American Casualty Company of Reading,Pennsylvania 81:11. tmtmr't � � Michael Gengler Sent' Vice President' State of Illinois,County of Cook,ss: On this 21 st day of March,2005,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State ofIllinois,that he is a Senior Vice President of ContinentalCasualty Company,an Illinois corporation,National Fire,Insurance Company of Ha ord,a Connecticut corporation,and Ar:merican Casualty Pompany,of Reacting,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 pmmrsuant to authority given by the Boards of Y3irectoms of said corporations and that he signed his name thereto pursuant to like authority,and acktmowledges same to be.the act and deed of said corporations, ; AI~FICtAt. t t+t�am� .wtw�o.r.,+rw+�ar�r� My Commission Expires September 17,2005 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set 1oft is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations is still in force. 1n testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporations this printed on the reverse hereof 3rd day of AU 'U l 2Q,05 Continental Casualty Company ,e National Fire Insurance Company of Hanford A American Casualty Company of Reading,Pennsylvania My yg 1 O 8EAl. Mary A.R*ky-ikaiakis Assistant Secretary Forme F6853-11/2001 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 Anorney-in-fast. 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 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 17d'day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the scall 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 beating 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 adopted by the Board of Directors of the Company. "Article Vl--Execution of Obligations and Appointment of Attorney-In-react 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 attomeys-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-fatty 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 17'h 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 Z of Article VI of the By-Laws,and tine 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 authorityof 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 17"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 1'7, 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 seated 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." --31 t•i ?Nr - ..-- :3p ... a##,' .F. s# sss}.##N i•;s:;ss .• 4#::#: sass:::aNaas Ea::aa:reea:.;E sx::. ::a:: :...# .####: aa:.. .aa#.::.::::�::....m.x#:a:i::::.aa::.as=: .:;� .pl----.....__.......?3M!>:.... ..3R1°.•.....�....M.E'#W. .....Na...11..... ............HS...........31i.....ipX....'##MR....311....Nq:....NNN..a.. .....Ik:...a.E.....N i.....I.f...........Hi.....i.[.....i..:#.a3i:... .#::#. ..w.. .a... :. ..-......... .......,.. �...,!!!!'.' .fl,,.. Hid .. .... .f'.. ngs' ..Ii 3ii,f ., s... 3a 31 i.gr::s:api4" tNMit:#t`NNi�':#NaAi!!•:; i3inN..a.iiq,." State of California County of Los A tiles On August 3,2005 before me. Sandy Hanner-Notary Public . Qat* NAME. TITLE OF OFFICER.. "JANE OOE. NOTARY PUBLIC personally appeared Pamela L.Stocks NAME(S)OF SIGNER(S) ( x ) personally known to me -OR-(_,_,.,) proved to me on the basis of satisfactory evidence to be the person(s)whose name( ishme subscribed to the within;instrument and acknowledged to that Dna/she/tom executed the same Inttft/her/fair authorized catpacity(bos), and that by itisdher/*0* signature(s)on the instrument the person(S), or the entity upon behalf of which the person(t) acted, executed the instrument. �• =-" WiTNES y hand'and ial seal.. SANDY HANNER A Commission#1362157 i Notary Public,Calitrnie GNA RE OF NOTARY Los Anpies GPu* wC .t jW-4 2=- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and couldprevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHE©DOCUMENT INDIVIDUAL (..�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) (_.._) LIMITED (�) GENERAL NUMBER OF PAGES (�x ATTORNEY-IN-FACT (�) TRUSTEE(S) (,.._.) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) N2finnal Fire I cu ance('.nm()anY of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.1014$8-5 .. 9123105 FATCO$27 8847 Tax Collector's Office William J.Poilacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.d.Box 631Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX `1 Tax Operations Supervisor 1" Date: 9/23/2005 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2005, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/M$# City T.R.A. 8847'` 0ANVILLE 66123 Parcel M 206-030-032-0 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 2005-2005 tax lien has been paid'in full. Our estimate of the supplemental tax lien is $M00 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 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, Treas r-Tax CO t By: