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HomeMy WebLinkAboutMINUTES - 01242006 - C.3 BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 24, 2006 SUBJECT: Approving the Third Extension of the Right of Way Landscaping Agreement for RA 98-01083, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ cZ�/ 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 Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Right of Way Landscaping Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Right of Way Landscaping Agreement will not be renewed. Continued on Attachment: L./.SIGNATURE: COMMENDATION OF COUNTY ADMINIST OR RECOMMENDATION OF BOARD COMMITTEE _ ::�PPROVE OTHER SIGNATURES ACTION OF BO ON %la,»w6Z Y 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 VOTF,,�SF SUPERVISORS date shown. I/ UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: ATTESTED:V/4-7-7 k-a->:r JY:rm JOHN SWEETEN, Cler the Board of G:\GrpData\EngSvc\BO\2006\01-24\RA 98-01083 BO-1 l.doc Supervisors and County Administrator Originator: Public Works(ES) Contact: Teri Ric(313-2363) cc: Public Works—T.Bell,Construction Current Planning,Community Development By , Deputy T—July 21,2006 Shapell Industies 100 N.Milpitas Blvd, Milpitas,CA 95035 American Casualty Company of Reading,PA 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 95016 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 24, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ 02 SUBJECT: Approving the Third Extension of the Right of Way Landscaping Agreement for RA 98-01083, San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Right of Way Landscaping Agreement between Shapell Industries of Northern California and the County for construction of certain improvements in RA 98- 01083, in the San Ramon(Dougherty Valley) area, through September 21, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 98% ♦ ANTICIPATED DATE OF COMPLETION: September 2006 ♦ REASON FOR EXTENSION: The Right of Way Landscaping Agreement has expired. IT IS BY.THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken JY:rm and entered on the minutes of the Board of Supervisors on the date G:1GrpDatalEngSvc1B01200610 1-24\RA 98-01083 BO-1 l.doc shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED: V(moi y C cc: Public Works—T.Bell,'Construction JOHN SWEETEN, Clerk o e Board of Supervisors and County Current Planning,Community Development Administrator T—July 21,2006 Shapell Industies 100 N.Milpitas Blvd, Milpitas,CA 95035 American Casualty Company of Reading,PA By A�-'Deputy 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 95016 RESOLUTION NO.2006/ 020 Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Records Section Area: San Ramon(Dougherty Valley) Road:N/A Co.Road No.:N/A Development: Subdivision 8133,Lot 8 APN: 222-160-008-9 OFFER OF DEDICATION-LANDSCAPE EASEMENT We, Seifi 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,including installation and maintenance of landscape improvements,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 COUNTY 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 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 owner or 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 have executed this instrument on (Signature) . (Print Name&Titl Homeowner 1 , (Si ature) , (Print Name&Title) Homeowner (see attached notary) :mW G:\GrpData\EngSvc\Fonns\OF WORD\OF-4.doc Rev.June 20,2005 •Landscape Maintenance Easement City of San Ramon Contra Costa County EXHIBIT "A" Real property situate in the City of San Ramon, County of Contra Costa, State of California, described as follows: Being a portion of Correction Grant Deed to Seifi A. Zaki and Shelia L Carson, recorded May 27, 2005 in Document No. 20050191512, Contra Costa County Records, described as follows: Beginning at the southwestern corner of said deed; thence along the western, northwestern and northern lines of said deed the following three (3) courses: 1. North 04°17'00"East, 38.589 meters 2. North 47°47'35"East, 2.585 meters 3. South 88°41'50"East, 0.497 meters. Thence leaving last said line, South 00°49'52" East, 14.102 meters; thence, South 04°07'20" West, 26.163 meters to the southern line of said deed; thence along said southern line, South 89°49'44" West, 3.618 meters to the Point of Beginning. Containing 133 smf, 0.01 hectares±. End of Description D�SSS SU9 No. 5186 * Exp. 06-30-07 �k s��rFOF cA�-�F�P�� 07- !Z - 2yo5^ Charles ellman, Date Land Surveyor No. 5186, License Expires: 06-30-07 G:\Admin\GALERANCH\Sub8133\LME LOT8.doc LEGEND P.O.B. POINT OF BEGINNING sm SQUARE METERS N _ ha HECTARES (T) TOTAL (EX.) EXISTING 0.497m N47°4735"E UA r RIDGE ROAD 2.585m S88°41'S0"E 25.740mIT) - - - - - - - - - - - - - - - - - - - - - I S00°49'52"E I j 14.102m 1.500mPL/E I jI I..— AREA 133smt �I K� (0.01haf) `� ► 1�0, LST 7 6133 I OGUM�g� Dlyl51ON W 1 ! p Ob5Q SUB 4 1 2 M yfN _o 0 3.618m _ S89°4944"W *`N88°41'S0"W P.O.B. 14.986m(T) 14.640m Lo7 V j 1196 �SDlvl,glo" 7 5 395 M EXHIBITBGWLEPHI\GLERNpIM\9II41n\PLATS\L0T8tME-8133Ag 7/8/2003 PLAT TO ACCOMPANY LEGAL DESCRIPTION Ruggeri ensen FOR Azar & Associates LANDSCAPE MAINTENANCE 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 EASEMENTPHONE: (925) 227-9100 • FAX: (925) 227-9300 SCALE: DATE: JOB NO.: CITY OF SAN RAMON, CALIFORNIA 1:400 07-12-05 971143 m CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C ra�j�e r�1i a, County of On before me, x i -tt�srw�a�•Cer� Date D Name and Ttl of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Qja� swei-A 0!,2ardai e(s)of Signer(s) ❑personally known to me–OR-proved to me on the basis of satisfactory evidence to be the personQ whose names W/are subscribed to the within instrument and acknowledged to me that Ie/skte/the/-executed the same in b e4w/their authorized capacityGD,, and that by 4ist4er/their signatureinon the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 0006coMbc�� �A►t�o�n�ft*n ­WWWOWN 5 joill'Signature of Notary Public OPTIONAL 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 Document Title or Type of Document: S aTz ca7%ah--�dlAr�SC�a�,eiG►sQ �k� Document Date: //fl 0 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 CONTRA COSTA COUNTY RIGHT-OF-WAY LANDSCAPING AGREEMENT EXTENSION Development Number: RA 98-01.083 Developer: Shapell Industries of.Northern California Original Agreement Dates September 21, 1999 Third'Extension Ne-ss,Termination Date:. September 21,2006 Improvement Security SURETY: American Casualty Company of Reading,PA BOND NUMBER No. (Date): 929097490 (8/31/99) Security Tvne. Security Amount Cash: S .1,300:00(1% cash,51,000 Min.) Bond Rider: S 19,215.00(Performance) S64,70 (Labor c£ Material) The"Develolier and the S'ure!y desii`e this A.greementto he extended tlu-ough the above date,;and Contra Costa County and said SM-ety hereby agr:e then to and acknowledge same. Dated'.- y Dated: August 29, 2005 Shapell Industries of rthern California FOR CONTRA.COSTA COUNTY De , oper s Signature(s) Main ice M. Shiu; Public NJ ks ct G 77ZyF/312 By: W , L Printed t"D e, .per's Signature(s) RECOMMENDED FOR A AL: (� By11)�APrinted �J (Engi(ieer'n Sei , ces ' 'ision) 100 N. Milpitas Blvd. lflilpitas, CA 95035 Address American Casualty Company of Reading, PA (NOTE: Developer's, Surgy's and Financial Sul"ety or Financial'Institution Institution's Sighat a es crust he A,Iotarizerl) 2355 E. Camelback Road,n Rlix. AZ 85016 Suite 500 Cf11Ht•1:Si'FRl7t'f'la V;¢tt:tU �,xn,l'caah t'.sga+r3 Address Mier dnnrowd Relerrnto''Clerk of the Board ttorney in Facts Signature Pamela L. Stocks Printed 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 Hall,Sandra V Harmer,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(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. GASU.9�r tNSURq pF Continental Casualty Company National Fire Insurance Company of Hartford c°apOPA*e 0g'��r�oQ10aaTro American Casualty Company of Reading,Pennsylvania Z • y1 D JULY 71. °u SEAL M a test � ►raa�°� ` • � Michael Gengler Sen' r Vice President State of Illinois,County of Cook,ss: On this 21st day of March,2005,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior 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. OFFICIAL SEAL NlIC. EUZ- PRICE • ,//I�� MOTAIIT RATE Of E11M00 W COWMIOM E7011M1:ON17AE 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 forth is still in force,and further certify that the By-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 29th day of August _ 2005 GASr %"SURR 0 Continental Casualty Company ` National Fire Insurance Company of Hartford cot+PCAnTf S n 09CAPUR4Tir0 A American Casualty Company of Reading,Pennsylvania °u SEAL ♦ JULY]I- 180 HaR� ` • Mary A.Rtbikaiokis Assistant Secretary Form 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 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 attomeys-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 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 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 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 attomey-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 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 17`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 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 August 29, 2005 before me, Sandy Banner - Notary Public Date 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(t) whose name(#is/Armsubscribed to the within instrument and acknowledged to me that Wshe/jtW executed the same in bds/her/*wIc authorized capacity494 and that by f Iwher/t signature() on the instrument the person(4), or the entity upon behalf of which the person(o acted, executed the instrument. SANDYHANNER WITNES my hand and official seal. _ Commission#1362157 Notary Public-California Los Angeles County SIGNA RE OF NOTARY r,�� Comm.Expires Jul 2,2006 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 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) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-107426-8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On August 31, 2005 before me, Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge & Ken Cox personally known to me to be the persons whose names are 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 the instrument. JMICE T.KRM ComMUM#t 159742e WITNESS my hand and official seal. No" ic-CaNarria Sarna CwRo county My comm.E AW 24, W"PM —Mf Si .. ature of Notary Public Optional Information Title or Type of Document: Landscaping Agreement Extension-RA-98-01083 Capacity Claimed by Signer: Assistant Vice President& Assistant Secretary of Shapell Industries,Inc.