HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-643 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 14, 1999,by the following vote:
AYES: SUPERVISORS GIOIA, UILREMA, GERBER, DESAULNIER AND GANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 99/643
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 980011,
Walnut Creek area.
The following documents were presented for Board approval this date:
I. Map
The Parcel Map of Subdivision MS 980011, property located in the Walnut Creek
area, said map having been certified by the proper officials;
II. Subdivision Agreement
A subdivision agreement with Steven J. Wuthrich and Patricia M. Wuthrich,
subdivider,whereby said subdivider agrees to complete all improvements as required
in said subdivision agreement within one year from the date of said agreement.
Accompanying said subdivision agreement is security guaranteeing completion of
said improvements as follows:
A. Cash Deposit
Deposit amount: $1,100.00
Deposit made by: Steven J. Wuthrich
Auditor's Deposit Permit No. and Date: 341496 (November 30, 1999)
B. Surety Bond
Bond Company: Amwest Surety Insurance Company
Bond Number and Date: 107001806 (November 11, 1999)
Performance Amount: $111,900.00
Labor&Materials Amount: $56,500.00
Principal: Steven J. Wuthrich and Patricia M. Wuthrich
9
• s
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 980011,
Walnut Creek area.
DATE: December 14, 1999
PAGE -2-
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 1999-2000 tax
lien has been paid in full.
NOW THEREFORE BE IT RESOLVED 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;
BE IT FURTHER RESOLVED 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.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: DECEMBER 14, 1999
PHIL BATCHELOR, Clerk of the Board of Supervisors
and County Administrator
RL:Dl:mw By ,Deputy
G:\GrpData\EngSvc\BO\1999\BO 12-14-99.doc
Originator:Public Works(ES)
Contacts Rich Lierly(313-2346)
cc: Public Works-R.Bruno,Construction
Current Planning,Community Development
T—October 14,2000
Steven J.Wuthrich and P atricia M.Wuthrich
421 LeJean Way,Walnut Creek,CA 94596
Amwest Surety Insurance Company
425 California Street,Suite 350,San Francisco,CA 94104
Tax c'ollector's OffCentra Witham County Tr Foleasureer-T•Tax Collector
625 Court Street 'osta Joseph t..Martinez
Finance Building, Froom 100 Assistant Tax Collector
P.O.Box 631 County Joslyn Mitchell
Martinez, California 94553-1280 Tax Operations Supervisor
(925)646-4122
(925) 646-4135 FAX
Date: November 23, 1999
IF THIS TRACT 1S NOT FILED BY DECEMBER 31, 1999, THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/ NIS # CITY Y.R.A.
98-11 WALNUT CREEK 79029
Parcel #: 140-170-006, 140-170-007
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 current 1999-2000 tax lien has been paid in full.
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
WILLIAM J. POLLACEK,
Tre -Ta lector
By:
SUBDIVISION AGREEIVEN I'
(Government Code 566462 and 566463)
Subdivision: M5 Effective Date:
Subdivider: OtCVCA) te`16 _& 4-K,Y Completion Period:
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: •i
C NT_'RA COSTA COUNTY SUBDIVIDER
J.Iy chael Walford,Public Works Director
}
BBC
taia�)
- phfat�aeYt}
S*Wrl GJufb rich
60—t tvr
By:
En ccs Division
F=A.PPRt7=: Victor J.Westman,County Counsel Cry 6w Aer
(NOTE:All signucue!s to be it Subdivider is inooepaested,rig.
euusues enact oeofonn with ties des" ttipnssraadivra graape pusuaat to Cao-
porMkmi Code S313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called*CcunW and the above-mentioned
Subdivide mutually promise and agree as follows concerning this subdivision:
2. IlVIPRO'ltEn I S. 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 and in conformance with the Contra Casts County Ordinance Code(including
future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above oomple tiosn period from date hereof as required
by the California Subdivision Map act(Crovemment Code 5566410 and following),in a good workmanlike manner,in accordance with accepted construction
practices and in a manner equal or superior to the requirements of the County Ordinance Cade and rulings made thereunder,and where there is a conflict
between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. RMOVEMENT SEOIR TY. Uponatecuting this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County:
A. For Mamunce and gwma= S 00.Dt7 cash,plus additional security,in the amount of
$--),1 which together
total one hundred percent(100%)of the estimated coat of the work. Such additional security is presented in the form of
Cash,certified check or cashiers check.
,. Acceptable corporate surety bond.
Acceptable irrevocable letter of credit
With this wourity,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payrntnfi Security in the amount of$ 9A 5'W- 0 0 which is fifty percent(50%)of the estimated cost of the work. Such
security is pi env ted in the form of
Cash,certified check,or cashier's check
Acceptable corporate nutty bond.
Acceptable irrevocable letter of"Wit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor
or materials to than or to the Subdivider.
CALIFORNIA ALL-PURPL E ACKNOWLEDGMENT
State of
County of
On r� – 9 before me,
( Date 7 Nart a ana of r .` e t7ce.Nat Vz6
t
tri
personally appeared s Name{s of Signor(s)
,
l
❑personally known to me–OR– roved 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,
K BACIGwUM executed the instrument.
plot& i tlsIII'M
jjy C�nlra WITNESS my hand and official sear
Ir
t ignature of Nota r 6C
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. h
Description of Attached Document
Title or Type of Document: JeL �!
Document Date: ! Number of Pages: o
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual ❑ Individual
Ej Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
El Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
( ❑ Guardian or Conservator • ❑ Guardian or Conservator
11 Other: Top of thumb here ® Other: Top of thumb here
�h
Signer Is Representing: Signer Is Representing:
O 1865 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 81308-7184 Prod.No.5907 Reorder:Call Toll-Fred 1.800.876.6827
Subdivision: US 11_apt
Bond No.: 10700 806
IMPROVEMENT SEcuRTr'Y BUND
FOR SUEDIMION AGREEMENT
(Performance,Guamntee,and Payment)
(California Government Code§§ 66499 - 66499.10)
1. gEr. jL OF SuBDIVIsm AUREEMENT: The Principal has executed an agreement with the County to
install and pay for street,drainage, and other improvements in Subdivision 1198
. 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 the Final Map or Parcel Map for said
Subdivision.
3. OBLIGATION: STEVEN J.WUnMCH ANIS PAIRICIA M. WVI'fIFt.I as Principal,and
AMWEST SURETY INSURANCE COMPANY - _-- 'a corporation organized existing
under the laws of the State df_ xpmgA-qKA 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:
A. Performance and Guarantee: ONE HUNDRED .EGEM TEiDUSAND NINE HU= ($
$111t900.00 1 for itself or any city assignee under the above County Subdivision
Agreement,plus
B. Payment: FIFTY SIX THOUSAND FIVE HUNDRED Dollars($
$36,500.0- ) to secure the claims to which reference is made in Title XV
(commencing wit4 Section 3082) of Part 4 of Division III of the Civil Code of the State of
California. * .
3 .
Y .
A. "rlie Condition of this obligation as to Section 2.(A)above its such that if the above bonded 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 is or its 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 therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation,all to be taxed as
costs and included in any judgement rendered.
CALIFORNIA ALL-PURPt E ACKNOWLEDGMENT
State of
County of 1Z(,A I 69=,Za�"
On ,�� e .� " before me,
Date Name le officer(e.g.,`J n® oe.Notary
personally appeared 1
y Name(s)of Signer(s)
C•
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),
J.M.6ACiGAWF4 or the entity upon behalf of which the person(s) acted,
Carron#t184705 executed the instrument.
Notary ftbOc-Cama nic
Contra Caste County WITNESS my hand and official seal.
my Comm.BON, 110.20M
Signature tory Publi
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:
Document Date: Number of Pages: ;d
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
El r- Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner---❑ Limited ❑ General ❑ Partner—❑ Limited ❑General
❑ Attorney-in-Pact ❑ Attomey-in-Pact
❑ 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 Assodation+8238 Remmet Ave.,P.O.Box 7194•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1.800.878-8827
No. $179
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of: California
County of: Contra Costa
On JEQZM= 23..--1999 before me,--L._G. RYAS, NOTARY PUBLIC
DATE VAMC.TITLE OF OFROCK.L.O.,VAMC Dol.VOTAMY F'UIUC`
personally appeared JAMBS E. STARK
cay DF aa+lMcal
X personally known to me -OR proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) isxxxx
subscribed to the within instrument and acknowledged to me that hevoocoo= excuted the same
hisv000000= authorized capacity+(xxx), and that by his xxx signature(x) on the instrument
* mss person(x) or tho ntity wpon behalf of which the person(x) acted, excuted the instrument.
WITNESS m n (ficial seal.
fl TUBI D OTAXY
WTONAE
Though the data below Is not required by law, It may prove valuable to persons relying on the document and prevent fraudulent reattachr
of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE
BOND 131MER 107001806
TtTLI(a) TITLE OM TYPE OF DOCUMCNT
PARTNER(S) LIMITED
GENERAL
!WO (02)
„X- ATTORNEY-IN-FACT MUMaIM of FAala
TRUSTEE(S)
SUBSCRIBING WITNESS
GUARDIAN/CONSERVATOR
OTHER HOVMWBR 11,• 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
Name of Person(s) or Enthy(ies)
WA
SIU M OTVV1 TVAN VAMED ABOVE
1994 NATIONAL NOTARY ASSOCIATION•8236 Rommel Mo., P.O.On 744.Canoga Valk, CA 913
LIMIT FD POWER OF ATTORNEY
Arnwest Surety Insurance Company
Expiration Date: 08/27101 POWER NUMBER 0001050613
This document is printed on white paper containing the artificial watermarked logo( A )of Amwest Surety Insurance Company on the front and brown security paper
on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the
expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise
distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest
branch office at tAl41 1461199
KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation,does hereby make,constitute and appoint:
L.G.Byas
M.R.Prenger
James E.Stark
C.Ganapol
As Employees of California Insurance Center
its true and lawful Attomey-in-fact,with limited power and authority for and On behalf of the Company as surety to execute,deliver and affix the seal of the company thereto
if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows:
All Bonds up to 55,000,000.00
and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company,which are now in full force and effect.
1,the undersigned secretary of Amwest Surety Insurance Company,a Nebraska corporation,DO HEREBY CERTIFY that this Power of Attorney remains in full force and
effect and has not been revoked and furthermore,that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney,and
that the relevant provisions of the By-Laws of each company,are now in full force and effect.
Bond No.10700I8015 Signed&sealed this 11rHday of !►OVEN ER 1999
Karen G.Cohen,Secretary
rrrrrrrrrrrrrrrrr RESOLUTIONS OF THE BOARD OF DIRECTORS rrrrrrrr : rrrrrrrrrarrr rrrrr
This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15,1975:
RESOLVED,that the President or any Vice President,in conjunction with the Secretary or any Assistant Secretary,may appoint attomeys-in-fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and deliver and affix the seal of the
Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attomey-in-fact or agent and revoke any FOA
previously granted to such person.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind upon the Company:
(i) when signed by the President or any Vice President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary;or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly
authorized attorney-in-fact or agent;or
(iii) when duly executed and sealed (if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof
authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall
have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these present to be signed by its proper officers,and its corporate seals to be hereunto affixed this
25"day of September,1998. th/.
2�4 ' 1
John E.Savage,Presidefit Karen G.Cohen,Secretary
State Of California
County of Los Angeles
On September 25,1998 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,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 all that he/she/they executed the
same in hivbcr/their authorized capacity(ies),and that by Mather/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 ar,4 official seal.
,11,1 , JOANNE E. ANDERSON st
:{ tNSU "w,y Comm.8 1192456 M
taroaP oqy Signature (Seal) N NOTARYrilsi •eAllFoa,ilA
! ,i;-..�y? ,� las Anil"C wtty
j,�r (n'i th M Comm. Ave.21.2002
o DEC.141 c7
t- tlili5 °
(A
J. T
.1ly.; IR 5230 Las VirBenes Road Calabasas,CA 91302 TEL 818 871-2000
NN//NlNil�,l l,,,p,tttt