HomeMy WebLinkAboutMINUTES - 02052008 - C.2 ! I ez
SEL
TO: BOARD OF SUPERVISORS Contra�?, �-'-��
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR - __-`- _. Costa
DATE: February 5, 2008 �o— --- G�ti`ko�
STA-Cou County
SUBJECT: Approve the Parcel Map and Subdivision Agreement for Minor Subdivision 04-00024,for project
being developed by Muir Lane Estates, LLC, Alamo area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ 9 for Minor Subdivision 04-00024,approving the Parcel Map and Subdivision
Agreement, for project being developed by Muir Lane Estates, LLC, Alamo area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Public Works Department has reviewed the Conditions of Approval for Minor Subdivision 04-00024 and has
determined that all conditions required for Parcel Map approval have been satisfied.
CONSEQUENCES OF NEGATIVE ACTION:
The Parcel Map and Subdivision Agreement will not be recorded.
Continued on Attachment. SIGNATURE:
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
:_rC PROVE JTHER
r
SIGNATURE(S): 1 7", 4~'
ACTION OFBOA ON G y�,�.ct.,y �J� „Zcc O APPROVED AS RECOMMENDED_LZOTHER
VO T OF SUPER SOBS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT .L— )
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
KD:vz
G:\EngSvc\BO\2008\02-05\BO-21 MS O4-0024.doc date shown.
Originator: Public Works(ES)
Contact: T.Rie(313-2361)
M. Public Works–Construction
Current Planning,Community Development ATTESTED:
T–December 5,2010 JOHN CULLEN, Clerk ofWe Board of
Muir Lane Estates,LLC
3201 Danville Blvd.,Site 270 Supervisors and County Administrator
Alamo,CA 94507
Attn:Jefferey Fautt
First American Title Company
6683 Owens Drive
Pleasanton,CA 94588 By. tr , Deputy
ov
Attn:Barbara Pinto
Western Insurance Company
P.O.Box 21030
Reno,NV 89515
Attn:Cynthia Bell
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 5, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho,
Bonilla, and Glover
NOES: None
ABSENT: None
ABSTAIN. bone
RESOLUTION NO. 2008/
SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04-
00024, for project being developed by Muir Lane Estates,LLC,Alamo area.(District
III)
The following documents were presented for Board approval this date:
I. Map
The parcel map of Minor Subdivision 04-00024,property located in the Alamo area,
Supervisorial District III, said map having been certified by the proper officials.
II. Subdivision Agreement
A subdivision agreement with Muir Lane Estates, LLC, principal, whereby said
principal agrees to complete all improvements as required in said subdivision
agreement 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
KD:vz taken and entered on the minutes of the Board of Supervisors
G:\EngSvc\BO\2008\02-05\BO-21 MS O4-0024.doc
Originator: Public Works(ES) on the date shown.
Contact: T.Rie(313-2361)
cc: Public Works–Construction
Current Planning,Community Development
T-December 5,2010 ATTESTED: I °Z'&W 9P
Muir Lane Estates,LLC JOHN CULLEN, Clerk of the hrdarrd of Supervisors and
3201 Danville Blvd.,Suite 270
Alamo,CA 94507 County Administrator
Attn:Jefferey Fautt
First American Title Company
6683 Owens Drive
Pleasanton,CA 94588 By , Deputy
Attn:Barbara Pinto —
Western Insurance Company
P.O.Box 21030
Reno,NV 89515
Attn:Cynthia Bell
RESOLUTION N0.2008/ ,of
SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04-
00024, for project being developed by Muir Lane Estates, LLC, Alamo area.
(District III)
DATE: February 5, 2008
PAGE: 2
A. Cash Bond
Performance amount: $1,200.00
Auditor's Deposit Permit No. 495695 Date: January 10, 2008
Submitted by: Muir Lane Estates, LLC
Tax ID Number: 56-2670978
B. Surety Bond
Bond Company: Western Insurance Company
Bond No.: RES30042 Date: January 8, 2008
Performance Amount: $123,000.00
Labor & Materials Amount: $62,100.00
Principal: Muir Lane Estates, LLC
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 2007-2008 tax
lien has been paid in full and the 2008-2009 tax lien,which became a lien on the first
day of January 2008, is estimated to be $66,300.00, with security guaranteeing
payment of said tax lien as follows:
• Tax Surety
Financial Institution: Western Insurance Company
Bond No.: REM10045 Date: January 8, 2008
Amount: $66,300.00
Principal: Muir Lane Estates, LLC
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said parcel 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. 2008/}
SUBDIVISION AGREEMENT
(Gov.Code,§§66462 and 66463)
Subdivision: ✓I S 0 - O 1-`� Effective Date: v 2-1r/0
Subdivider: � �/ ` J tom-S f-ck_- _ LL Completion Period:
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY S DIVIDER r-{
Maurice M.Shiu,P lic Works Director
By: f-/I �> /%
Print Name
RECOMMENDED FO APP AL: Print Title I
By: L�/w�
Print Name7
--:e
ngineenng bervices 44ision Print Title
FORM APPROVED: Silvano B.Marches!,County CounselN( OTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract
must be signed by two officers.The first signature must be that of the chairman of the
board, president,or vice-president;the second signature must be that of the secretary,
assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and
Corps.Code,§313.)
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of�2,Qff, /y C"_ )
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for .J � ) ('t2,i.1 J ,perseaalty
kaewfl-te-me*proved to me on the basis of satisfactory evidence)to be the persono)whose name(sl s are subscribed to the within instrument a d acknowledged to me that 60shelthey
executed the same in jiisfiher/their authorized capacity(ies),and that ti t(*herltheir signature&on the instrument the person(4 or the entity upon behalf of which the person(4 acted,
executed the instrument.
WITNESS my hand and official seal.
Dated: U P L. WALL
CoFff—mrs-slon # 1 719942 Notary Public
Z :
`'e D Notary Public—California
Nota Z ��
( ry Seal) Napa County
Comm• Dk9s Jon 21,2011
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,(hereinafter"County")and the above-mentioned Subdivider mutually promise and agree
as follows concerning this Subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and
such other improvements(including appurtenant equipment)as required in the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works
Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto
(hereinafter"Ordinance Code').
Subdivider shall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov.
Code,§§66410 et.seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code
and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to
the County:
A. For Performance and Guarantee: $ 1 1�V cash,plus additional security,in the amount of$ / 3�V Od,adwhich together total one hundred
percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of:
Cash,certified check or cashier's check.
do Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work for one year after its completion and acceptance against any defective
workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount:$ �0 do ,which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the
form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond. Form Approved by County Counsel
Acceptable irrevocable letter of credit. [Rev.9/031
Page 1 of 2
With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the
Subdivider.
Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with
Sections 9414.406 and 944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a
period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,'of the Ordinance Code. Subdivider agrees to
correct,repair,or replace,at Subdivider's expense,any defects in said Work.
The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment work for landscaping installed under this Agreement.Said plant establishment work shall
consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary
to ensure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required
by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement
plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised.
7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County
indicating the Work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,or payments therefor,orany
combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for
damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and
employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and
including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable
at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said
liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to
Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them.
D. Non-Conditions.The promise and agreement in this section are not conditioned or dependent on whether or not any indemnitee has prepared,supplied,or approved
any plan(s)or specification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly
from any negligent or willful misconduct of any indemnitee.
9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material
checks and tests;and other costs incurred by County staff arising from or related to the Work,and priorto acceptance of the Work as complete or expiration of any applicable warranty periods,
whichever is later.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the fled map and to the satisfaction of the County Road Commissioner-Surveyor before
acceptance of the Work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS, If Subdivider fails to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the
Work,County may proceed to complete and/or maintain the Work by contractor otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited
to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work.
Should County sue to compel performance underthis Agreement orto recovercosts incurred in completing ormaintaining the Work,Subdivider agrees to pay all attorney's fees,
staff costs and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city oris annexed
to an existing city,except as provided in this paragraph,County's rights under this Agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new
or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with
the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph 8.A.upon any such incorporation or annexation.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision.
14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any
portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance
of this Agreement by Subdivider,completion and/or maintenance of the Work.
Form Approved by County Counsel
(Rev.9/031
H:1Fin a IIPMLW-S ubAg mL9.03.wpd
Page 2 of 2
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(organization)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
LP 01 02031 BA 12331 003520 9660 REV 5B060C 631.72
TP 07-00050 BA 35971 1 5B051X 218.63
GP 06 00007 BA 34814 5B0019 392.08
DP 07 03029 BA 34814 15B0015 3,005.64
5B036X 3,229.82
5B048D 2,570.17
000651 6L0015 4,741.76
RT 4 Bypass rent 007566 9191 6D8126 750.00
SU 06-00019 BA 33126 003520 9660 15B027A 456.17
MS 06 00022 BA 32839 000651 IF 6L0073 181.99
6Q1894 Bixler 000682 9752 3,600.00
Trust Fund 000649 96651 112,400.00
000648 9140 2,590.00
819800 0800 1,200.00
Explanation: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE '
ASSIGNED r
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed: Date_/ /
Signed: Signed:
'Title: Acct. Clk.Adv EXT. 3-2344 Deputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93)
0649-9665 / 112300: G1232092, $100.00, SD 92-07713, Major Subdivision
Inspection, Bay Point Partners LLC, 2862 Victoria Ridge Ct., Pleasanton, CA
94556
0649-9665 / 112300: G1233308, $9,000.00, MS 04 00024, Inspection
Deposit, Muir Lane Estates, LLC, 3201 Danville Blvd, Ste 270, Alamo, CA
94507
0649-9665 / 112300: G1233309, $2,800.00, MS 04 00024, Plan Check,
Muir Lane Estates, LLC, 3201 Danville Blvd, Ste 270, Alamo, CA 94507
0649-9665 / 112300: G1233311, $500.00, RS 3259, Record of Survey
Deposit, Irene Gough, PO Box 1034, Lafayette, CA 94549
0648-9140: G1233309, $2,590.00, MS 04 00024, Creek Mitigation Fee,
Muir Lane Estates, LLC, 3201 Danville Blvd, Ste 270, Alamo, CA 94507
819800-0800: G1233309, $1,200.00, MS 04 00024, Cash Bond, Muir Lane
Estates, LLC, 3201 Danville Blvd, Ste 270, Alamo, CA 94507
Subdivision: MSO4-0024
` Bond No.: RES30042
Premium: $9,4 A 0
Any claim under this Bond should be sent
to the following address:
P 0 Box 21030
Reno, NV 89515
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance,Guarantee and Payment)
(Gov.Code,§§66499.66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinafter'County)to install and pay
for street,drainage and other improvements in SubdivisiorMS 04-00 specified in the Subdivision Agreement,and to complete said work within the time specified for completion in
the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision.
Under the terms of the Subdivision Agreement, Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and
materialmen.
2. OBLIGATION. Muir Lane Estates, LLC as Principal,and
Western Insurance Company ,a corporation organized and existing under the laws of the State of
Nevada and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,
administrators,successors and assigns to the County of Contra Costa,California to pay it:
OneHundred Twenty Three Thousand 123,000.00
(A. Performance and Guarantee) Dollars($ )for itself or any city
assignee under the above Subdivision Agreement
(B. Payment) Sixty Two Thousand One Hundred Dollars($ 62,100.00 )tosecure the claims to
which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California,
3. CONDITION. This obligation is subject to the following condition.
A. The condition of this obligation as to Section 2.(A)above is such that it the above bounded Principal, his or its heirs, executors,administrators,
successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration
thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and
meaning,and shall indemnify and save harmless the County of Contra Costa(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 therefor,there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any
judgment rendered.
B. The condition of this obligation,as to Section 2.(B)above,is such that said Principal and the undersigned as corporate surety are held firmly bound
unto the County of Contra Costa and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and
referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor,
and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face
amount thereof,costs and reasonable expenses and fees,inciuding 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,and to be taxed as costs and to be included in the judgment 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(commencing with Section 3082)of Part 4 of Division 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 condition of this bond be fully performed.then this obligation shall become null and void;otherwise it shall be and remain in full force and effect.
C. No change,extension of time,alteration,or addition to the terns of said Subdivision Agreement or the work to be performed thereunder or any plan
or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given
to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of 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 January 8 PO 08
Principal: Muir Lane Estates, LLC Surety: Western Insurance Company
Address: 3201 Danville Blvd #270 Address: P 0 Box 21030
Danville, CA Zip. 94507 Reno, NV Zip:-8-5-5-T5--
By: M%L" UL..Q- eGS�-�..XL- By:
Print Name: JQ_.FFe.✓Q-!::l -V Print Name: Cynthia D. Bell
Title: �✓e_s%[\2"�— Title: Attorney In Fact
[Note:All signatures must be acknowledged. For corporations,two officers must sign. The first signature must be that of the chairman of the board,president,or vice-president;the
second signature must be that of the secretary,assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.))
Form Approved by County Counsel
[Rev.9/031
H:IFnapPVJ\SubAglmp Sec8ond.9.03.wpd
WESTERN INSURANCE COMPANY 313076
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That WESTERN INSURANCE COMPANY,a corporation organized and
existing under the laws of the State of Nevada and having its principal office at the City of Reno,in the State of Nevada,does hereby
constitute and appoint
Dick L.Rottman,Jeffrey P.Shaffer,Bradley A.Pearce,R.Scott Rottman,Kathyann Tallon,Kathleen J.Corkery,Cynthia D.Bell
Of the STATE OF NEVADA its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,
to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written
instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the
performance of contracts;and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof,the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its
corporate seal,duty attested by the signatures of its President and Secretary,this 19`f' day of June,2006.
WESTERN INSURANCE COMPANY
P
"°RAN
° ° (Signed)By
e� oq
SEAL President
kSJ4 'O• A �
1994 �
rE
OF NEv G
(Signed)By
Secretary
STATE OF NEVADA)
SS:
COUNTY OF WASHOE)
On this 19`h day of June,2006,before me personally came DICK L.ROT N,PRESIDENT of the WESTERN
INSURANCE COMPANY and CAROL B.INGALLS,SECRETARY of said with both of whom I am personally
acquainted,who being by me severally duly sworn,said,that they,the sai ROTTMAN and CAROL B.INGALLS were
respectively the PRESIDENT and the SECRETARY of the saidRN INSURALCOMPANY, the corporation described in
which executed the foregoing Power of Attorney,that they ea t e seal of.sp oybration;that the seal affixed to said Power
of Attorney was such corporate seal,that it was so affi y'br er of the Bapl� irectors o id corporation,and that they signed
their names thereto by like order as PRESIDEN' RETAR ,r�qc ve y,of tl� hy.
My Commission expires the 3 [ arch,201 . } ��
......................................`......"..........., r(l��1�► � .
PATRICIA A,LETSON gned)
Notary Public-Slate of N (18
AR—trr-,RersxdMP W pH; t'( is A.Letson Notary Public
No 06 1044332 Expire:Ma 31:010
i.....................................................:( 0
This Power of Attorney is granted by authority of the following Resolutions adopted by the Board of Directors
of the WESTERN INSURANCE COMPAN1t`on June 19,2006.
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,
contracts and other instruments relating to said business may be signed,executed,and acknowledged by person or entities appointed
as Attorney(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and
on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the
President,or a Vice President,jointly with the Secretary,under their respective designations. The signature of such officers maybe
engraved,printed or lithographed. The signature of each of the foregoing officers and the seat of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject
to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED,that Attomey(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case,
subject to the terms and limitations of the Power of Attorney issued to them,to execute and deliver on behalf of the Company and to
attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such
instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as i f signed by an Executive Officer and
sealed and attested to by the Secretary of the Company.
I,CAROL B.INGALLS, Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a
true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19,2006 and that this Resolution is
in full force and effect.
I,the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this
8th day of January 2008
\,� PAN __ __
1 °'-ft"o
Secretary
SEAL
+.994 a
�r4rE of 4Ev�
ALL-PURPOSE ACKNOWLEDGEMENT
State of N 6, (A0 R
County of boa3oo&
On -g -fig before me, g)V-A OV
(Notary)
Notary Public, personally appeared, J y V14+I A 6. 6E(.L
Name(s) of Document Signer(s)
Personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
....................................................
WITNESS my hand and official seal �< ;''••, BRANDY A.SPELL TAELOUR
Notary Public-State of Nevada €
Y
€ Appointment Recorded in Washoe county
No;06.108235.2-Expires August 14,2010
uan,nnnuuu.,nuumuu........................wuuunnu+muun..nuuu:
ic otary
(Affix seal in the above blank space)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No: O
STATE OF California )SS APN No:
COUNTY OF � )
Onpw
v ` �0tJ before me, �cE (� C Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)
whose na e(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
certify under, ENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my ha an ffici eal.
Signature MULAN
Come kmm 0 17727"
"Of y Pub11c -Cowo„wo
Contra collo county .
comm.
7N I
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S) TITLE(S)
❑ PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/200/
I 1
VOID AFTER 2118/08 1/4/08 FATCO$47.00 04-0024
Tax Collector's Gs`,:. — William J. Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P. O. Box 631 Russell V.Watts
Martinez, California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)957-5280 County Joslyn Mitchell
(925)957-2898 FAX Tax Operations Supervisor
ti ,•;iiluo4a.
•S-
ST'4 COU1y�
Date: 1/4/2008
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/ MS # City T.R.A.
04-0024 ALAMO 66009
Parcel #: 198-160-017-2
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 2007-2008 tax lien has been paid in full. Our estimate of the 2008-2009 tax lien, which
became a lien on the first day of January, 2008 is $66,300.00
This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
The amount calculated is void 45 days from the date of this letter, unless this letter
is accompanied with security approved by the Contra Costa County Tax Collector
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-T x Co I ctor
6
By:
Tax Year 2008/2009 Bond #REM10045
Premium: $1,326.00
BOND AGAINST TAXES
KNOW ALL MEN BY THESE PRESENTS:
THAT, Muir Lane Estates, LLC, a California limited liability companu, as principal and
(Surety) Western Insurance Company , a corporation organized and existing
under the laws of the State of Nevada , and authorized to transact surety business in
California as surety are held and firmly bound unto the County of Contra Costa State of
California, in the penal sum of Sixty Six Thousand Three Hundred Dollars ($66,300.00), to be paid to said County
of Contra Costa, for the payment of which will and truly be made, we and each of us bind ourselves, our heirs,
executors, administrators and successors,jointly and severally, firmly by these presents.
Sealed with our Seals and dated this 8th day of January ,2008.
The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map
entitled MS 04-0024 and covering a subdivision of a tract of land in said County of Contra Costa and there are
certain liens for taxes and special assessments collected as taxes, against the said tract of land covered by said
map, which taxes and special assessments collected as taxes, are not as yet due or payable.
NOW, THEREFORE, if the said Principal, shall pay all of the taxes and special assessments collected as taxes
which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract,
then this obligation shall be void and of no effect, otherwise it shall remain in full force and effect.
Muir Lane Estates, LLC, a California limited liablity
company
By: Fautt Homes, LLC, a California limited liability
company, Its Sole Member
BY - --_ .
Princi I Surety Cynthia D. Bell, Att rney In Fact
STATE OF Nevada )SS
COUNTY OF Washoe )
On 1/8/08 before me, Brandy A. Spell—Taelour Notary
Public, personally appeared Cynthia D. Beit who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of .A
which the person(s) acted, executed the instrument. C
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is W
true and correct. O
WITNESS my hand and official seal. v
•_� BRANDY A.SPELL-TAELOUR F
a Notary Public-State of Nevada \ A O
e Appointment Recorded in Washoe County = i
Signature No:06-108235-2-Expires August 14,2010 - U
ZZ
8/14/2010 H Z a
My Commission Expires: This area for olfcial notarial seal A Ap E,
Notary Name: Brandy A. Spell—Taelour Notary Phone: 775-829-2600
Notary Registration Number: 06-108235-2 County of Principal Place of Business: Washoe
WESTERN INSURANCE COMPANY 3130 (b
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That WESTERN INSURANCE COMPANY,a corporation organized and
existing under the laws of the State of Nevada and having its principal office at the City of Reno,in the State of Nevada,does hereby
constitute and appoint
Dick L.Rottman,Jeffrey P.Shaffer,Bradley A.Pearce,R.Scott Rottman,Kathyann Tallon,Kathleen J.Corkery,Cynthia D.Bell
Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact,each in their se=parate capacity if more than one is named above,
to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written
instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the
performance of contracts;and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof,the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its
corporate seal,duly attested by the signatures of its President and Secretary,this 10 day of June,2006.
WESTERN INSURANCE COMPANY
RANA/_.._ ftro;olp '
(Signed)By
s SEAL President
�srrE1 O�EV'o'* � �
(Signed)By
Secretary
STATE OF NEVADA)
SS:
COUNTY OF WASHOE)
On this 19" day of June,2006,before me personally came DICK L.ROT AN,PRESIDENT of the WESTERN
INSURANCE COMPANY and CAROL B.INGALLS,SECRETARY of said with both of whom I am personally
acquainted,who being by me severally duly sworn,said,that they,the sai ROTTMAN and CAROL B.INGALLS were
respectively the PRESIDENT and the SECRETARY of the said INSURAIMCOMPANY, the corporation described in
which executed the foregoing Power of Attorney,that they eao�;seal o 0 oration;that the seal affixed to said Power
of Attorney was such corporate seal,that it was so afft order of the B hectors o id corporation,and that they signed
their names thereto by like order as PRESIDENN RETAR re c vely,of they.
My Commission expires the 311 Na arch,201 . } �a
�V Y'„
PATRICIA A.LETSON t �(�Igned) �.
Notary Pubtir,-siaie of tla�1
M—,RF�1M W
hi
R„� ctaA.Letson Notary Public
,
.. Na060u33-2 Exp.a:Ma31 00E
t...................................................... 0
This Power of Attorney is grante cc�tidd by authority of the following Resolutions adopted by the Board of Directors
of the WESTERN INSURANCE COMPANIO&JJune 19,2006.
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,
contracts and other instruments relating to said business may be signed,executed,and acknowledged by person or entities appointed
as Attorney(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and
on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the
President,or a Vice President,jointly with the Secretary,under their respective designations. The signature of such officers may be
engraved,printed or lithographed. The signature of each of the foregoing officers and the seat of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject
to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED,that Attomey(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case,
subject to the terms and limitations of the Power of Attorney issued to them,to execute and deliver on behalf of the Company and to
attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such
instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and
sealed and attested to by the Secretary of the Company.
1,CAROL B.INGALLS, Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a
true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19,2006 and that this Resolution is
in full force and effect.
1,the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this
8th day of January , 2008 A
5 RAR _,(//,-t446
�PtORt
r° o Secretary
SEAL
t�r rE1994 o'y
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No: ()
STATE OF California )SS APN No:
COUNTY OF
On Z��� before me, . {''SIC{ l `` Notary Public, personally appeared
Q/V( ' who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS n,7RI an Z11.
Signature D. MALIAN
COMmWion i 177279)
Notary Public -Cantornia
Contra Costa County
C:M >. Oct 12 2p11
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
❑ INDIVIDUAL
❑ CORPORATE OFFICERS) TITLES)
❑ PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE -67Reproduced by First American Title Company 1112007