HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-602 V U � Recorded at the request of:
Contra Costa.County CONTRA COSTA Co Recorder Office
Board of Supervisors STEPHEN L. WEIR Clerk-Recorder
Return to:
Public Works Depart 00C 20011-0394006-00
tent
Engineering Services Division Wednesday, DEC 19, 2001 15:22:32
FRE $0.00 J _a A
Tt l Pd $0.00 Nbr-0000659502
1rc/R511-2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 18, 2001 by the following vote:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkerma
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 602
SUBJECT: Accept Completion of Improvements and Declaring Certain Roads as County Roads
for Subdivision Agreement and Subdivision Agreement for Right of Way
Landscaping for Subdivision 7903 being developed by Parkway Housing, Inc.,
North Richmond area(District I).
The Public Works Director has notified this Board that the improvements in Subdivision
7903 have been completed as provided in the Subdivision Agreement and Subdivision Agreement
for Right of Way Landscaping with Parkway Housing, Inc. heretofore approved by this Board in
conjunction with the filing of the Subdivision Map.
G-\GrpData\EngSvc1Bo12001\Tmrp`5LIB 7903 B0.45.doc
JC:lad
Originator: Public works 2368
Contact: Teri Ria{313-2368) � � ley I hereby certify that this is a true and correct co of an action
Conta
taken and entered on the minutes of the Board of Supervisors
ec: Public Works-Tax I.D.94-3292156,Accounting on the date shown.
-R.Bruno,Construction Div.
-J.Florin,M&T I.ab
-H.Finch,Maintenance Div.
-1.Bergemn,Mapping Div. ATTESTED: December 18 , 2001
Recorder{via ClefkB,then PW Engineering Services
Sheriff-Patrol Div.Commander JOHN SWEETEN,Clerk of the Board of Supervisors and
CHP,c/o Al County Administrator
CSAA—Cartog
Parkway Housing,Inc.
1452 Filbert Street
Richmond,CA 94801
Reliance Insurance Company By ,Deputy
580 California Street
San Francisco,CA 94104
RESOLUTION NO.2001/ 602
SUBJECT: Accept Completion of Improvements and Declaring Certain Roads as County
Roads for Subdivision Agreement and Subdivision Agreement for Right of Way
Landscaping for Subdivision 7903 being developed by Parkway Housing,Inc.,
North Richmond area(District 1).
DATE: December 18, 2001
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 18,2001 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
April 27, 1999 Reliance Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$304,650.00,
Bond No.B2606915 for the Subdivision Agreement and the payment surety for$26,358.64,Bond
No.B2606916 for the Subdivision Agreement for Right of Way Landscaping,issued by the above
surety be RETAINED for the six month lien guarantee period until June 18, 2002, at which time
the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on
file.
BE IT FURTHER RESOLVED that Marcus Avenue, Malcolm Drive, Maya Way,Martin
Drive and Ruby Avenue the hereinafter described road, as shown and dedicated for public use on
the final map of Subdivision 7903 filed November 4, 1997, in Book 396 of maps at page 34,
Official Records of Contra Costa County,State of California,are ACCEPTED and DECLARED
to be County Roads.
Road Name Road-R/W Widths Road No. Lengths Miles)
Marcus Avenue 32/42 0565AL 0.10
Malcolm Drive 32/42 0565AM 0.17
Maya Way 32/48 0565AN 0.02
Martin Drive 36/56 0565AP 0.10
Ruby Avenue 32/40 0565AQ 0.04
BE IT FURTHER RESOLVED that the widening of Gertrude Avenue is ACCEPTED and
DECLARED to be a County Road;the right ofway was conveyed by separate instrument,recorded
on November 4, 1997, in Book 396 of Maps on page 34.
BE IT FURTHER RESOLVED that the beginning of the warranty period for the subdivision
agreement is hereby established, and the $6,000.00 cash deposit (Auditor's Deposit Permit No.
331252, dated May 3, 1999) made by Parkway Housing, Inc. and the performance/maintenance
surety for $602,600.00, Bond No./Letter of Credit No. B2606915 issued by Reliance Insurance
Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board and BE IT ALSO FURTHER RESOLVED that the beginning of the
warranty period for the Subdivision Agreement for Right of Way Landscaping is hereby established
and the$700.00 cash deposit(Auditor's Deposit Permit No. 331252,dated may 3, 1999)made by
Parkway Housing, Inc. and the performance/maintenance surety for $52,717.8, Bond Number
B2606916 issued by Reliance Insurance Company be RETAINED pursuant to the requirements of
Section 94-4.406 of the Ordinance Code until release by this Board.
RESOLUTION NO. 2001./602
�� fill li!III i IN II II I iillll II Ili I If II I Illi I iilll I II
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder
Contra Costa County [SCC-- 200, -0394007-00 �s
Board of Supervisors
Wednesday, DEC 19 2001 15:22:37
Return to: FREPub
Engine Workening Department
Divi Tt l Pd $0.00 Nbr-0000659605
Engineering Services Division
Records Section Ire/RS/1-7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 18, 2001 by the following vote:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 2001/603
SUBJECT: Accept Completion of Improvements for Subdivision 8135 being developed by
Shapell Industries of Northern California, San Ramon area(District III).
The Public Works Director has notified this Board that the improvements in Subdivision
8135 have been completed as provided in the Subdivision Agreement with Shapell Industries of
Northern California heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
G:\GIPData'EngSvcSO\20011Temp1SLM8135 B04SAoc I hereby certify that this is a true and correct copy of an action
JC:Iad taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES)
Contact: Teri Ric(313-2368) On the date Shown.
cc: Public Works-Tax I.D.952578030,Accounting
R Bruno,Construction Div.
J.Florin,M&T Lab
IL Finch,Maintenance Div. ATTESTED: December 18 , 2001
I.Bergeron,Mapping Div.
Tickle File-10-18-02 JOHN SWEETEN,Clerk of the Board of Supervisors and
Recorder(via Clerk),then PW Engineering Services County Administrator
Joye Fukuda,City of San Ran on
CHP,c%AI
CSAR-Cartog
Shapell Industries of Northern California
Attn:Steve savage&Sam Worden By - �- Deputy
American Casualty Company
21650 Oxnard Street,Ste.760
Woodland Hilh:,CA 91367
RESOLUTION NO.2001/ 603
SUBJECT: Accept Completion of Improvements for Subdivision 8135 being developed by
Shapell Industries of Northern California, San Ramon area(District III).
DATE: December 18, 2001
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 18,2001 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
February 2, 1999 American Casualty Company of
Reading, Pennsylvania
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$867,300.00,
Bond No. 190523772 issued by the above surety be RETAINED for the six month lien guarantee
period until June 18, 2002, at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that Cattleya Court,Cattleya Drive,Lantana Way,Lilac ridge
Road and Tigerside Way the hereinafter described roads, as shown and dedicated for public use on
the Final Map of Subdivision 8135 filed February 5, 1999,in Book 407 of Maps at page 18,Official
Records of Contra Costa County, State of California, are ACCEPTED as complete.
Road Name Road-R/W Widths Lengths (Miles)
Cattleya Court 36/56 0.01
Cattleya Drive 34/52 0.21
Lantana Way 34/52 0.16
Lilac Ridge Road 39/63 0.72
Tigerside Way 34/49 0.30
BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is
hereby established, and the $17,400.00 cash deposit(Auditor's Deposit Permit No. 325271, dated
January 6, 1999) made by Shapell Industries of Northern California and the
performance/maintenance surety bond rider for $257,600.00, Bond No. 190523772 issued by
American Casualty Company of Reading, Pennsylvania be RETAINED pursuant to the
requirements of Section 94-4.406 of the Ordinance Code until release by this Board. Upon
completion of the maintenance period, the improvements will be accepted for maintenance by the
City of San Ramon.
RESOLUTION NO-. 2001/603
Executed in Triplicate
SURETY Tract 8135, Glen Bridge
Increase -Decrease Rider
TO BE ATTACHED TO and form part of Bond Number ,.i„ 190 523 772_ _ issued by the
American Casualty Company of Leading, PA
as Surety, on behalf of Shapell Industries of Northern California, A Division of Shapell Industries, Inc.
of _Milpitas, CA
.._w.. , hereinafter referred to as the Principal,and
In favor of County of Contra Costa
of ..Martinez, CA __..._... .�.._.. . .. ... . .. . .. ...___..._,.. . . .._. .. ... ._
_... . . . . .. . . . . .. , hereinafter referred to as the Obligee,effective the
_17th , dray of. _ Recembe(,,1998
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is
understood and agreed that effective the__18th day of . December , 2001 ,and subject to all the terms,
conditions and limitations of the attached bond, the penal sum thereof shall be and the same Is hereby decreased
from the sum of One Million Seven Hundred Seventeen Thousand Two Hundred No/100 (Performance Only)
Dollars{ $1,71720U,00 )
to the sum of Two Hundred Fifty Seven Thousand Six Hundred Noll 00 (Performance Only) w. _
Dollars($257,600.00 )
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond,
the aggregate liability of the Surety for any loss occurring prior to said date shag not exceed the u of
One Mi lion Seven Hundred Seventeen Thousand Two Hundred Noll 00 (Ierformance Only)
_... .,.4_.<.._.._Dollars,($1,717,200.00 )
or for any lose occurring subsequent to said date shall not exceed the sum of
Two Hundred Fifty Seven Thousand Six Hundred No/100 (Performance Only) Dollars($257,600.00 _
In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforernentloned sums, It being the
Intent hereof to preclude cumulative liability.
SIGNED,SEALED AND DATED this 30th day of November 2001
Accepted By:
Shapell Industries of Northern California,
County of Contra Costa a Division of Shapell Industries, Inc.
(Principal)
B (Seal)
N.C. Truebridge
'Asst. Vice President
America Casualty Company of Leading, PA
/ (Surety)
By: IV (Seal)
erra_� ,ac�r� 'Sandra V. Hanner Attorney-In-fact
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,AMERICAN CASUALTY COMPANY OF REACTING,PENNSYLVANIA,a Pennsylvania
corporation(herein c:olksctively called"the CCC Surety 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 signature and seats herein affixed hereby make,constitute and appoint
BELwil A.Had,Sandra V.Harmer Individually
of Sherman Oaks California
their true and lawful Attorney(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 A nts-
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 are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,Printed on the reverse hereof,
duty adopted,as indicated,by the Boards of Directors of the corporations. +
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 28th day of October 1598
M1UR CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
AKY St.
S;AL on
•
Manan J.Cashion Group Vice President
State of Illinois,County of Cook,ss:
On this 28th day of October 1598 before me personally came
Marvin J. Cashion,to me known,who,being by me duly swam,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument tuft he knows the
seals of said ns;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority
gnrenn 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.
PUBLIC-
Gq-
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A. Ribikawskisr,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 each corporation printed on the
reverse hereof are still in force.In testimony whereof 1 have hereunto subscribed my name and affixed the seals of the said corporations
this 30th day of November 2001.
CONTINENTAL CASUALTY COMPANY
NATIONAL IRE INSURANCE COMPANY OF HARTFORD
F AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Z • AXtY=r, f
SEAL
11197
Mary A.Rlbikawskis Assistant Secretary
(Rev.10/1/97)
H
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 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 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 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 17th day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Ar6de 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
ENNSYLVANIAThis 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 VE--Execution of Obligations and Appointment of Attomey-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 paver 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 17th day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the 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 faosimile 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,Attomeys-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 Atborney-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 Vias President or the Board of Directors
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 riled and held on the 17th 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 adapted 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 seat 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 Novenber 30_t_2001 before me, B. Hail- Notary Public
Mata NAME,TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC"
personalty appeared Sandra V. Hanner
NAME(S)OF SIGNER(S)
( ) personally known to me—OR-- proved to me on the basis of satisfactory evidence to be
the person(s) whose name(*istAmoubscribed to the within instrument and acknowledged to me that
lRledshe/#M executed the same in bdr/her/file authorized capacity0mg and that by PlWherAw
signaturso) on the instrument the person($), or the entity upon behalf of which the person( acted,
executed the instrument.
WITNESS y h d and official seal.
L HALL
Commtsston#1186924
Notary Public-Call0mla SIGNATURE OF NOTARY
Los Angeles County
My ctt nm.E>ow Jun 14.2i)OCt
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
( }
ATTORNEY-IN-FACT
( __}
TRUSTEE(S)
GUARDIAN/CONSERVATOR
(.�.} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
American Casualty GompanY
of Reading, Pennsylvania SIGNER(S)OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I�
State of California
Count of *.�< �'a � "+ ►o ss. �
y =)
On s _ , before me,
Date Name and Title of Officer(e.g., Jane Doe,Notary Public")
personally appeared 1•`- >a
� Name(s)at Signer(s) )
>Cpersonally known to mei
❑ 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
NTOINi' BR capacity(ies), and that by his/her/their I
ANtm isalo BFtt iFlEl.t7
Cotrrmisatan#1316879 signature(s) on the instrument the person(s), or
Notary Publla-California entity upon behalf of which the person(s)
Santa Ciera CcuMY acted, executed the instrument. }
My Comm.>apina Jul 30,90tt6
WITNESS my hand and official seal.
Place Notary Seal Above S gnatur�of Notary Pubtk l
l•. i
I�
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 DocpMent
Title or Type of Document: �'�•-��-✓ # �.
Document Date: s 1 Number of Mages:
i
i,
Signer(s)Other Than Named Above:
I Capacity(les) Claimed by Signer
Signer's Name: _ LEO 14
❑ Individual Top of thumb here
0 corporate Officer—Title(s):
11 Partner—0 Limited ❑General
1 Ci Attorney in Fact
0 Trustee
0 Guardian or Conservator
O Other:
Signer Is Representing: — l
I:
fl 9899 Nati"t Notary ftsociation-9350 De Soto Ave.,P.O.Boit 2402+Cttawworth,GA$5313.2462•w»w.nattanahwtaryotg Food.No.6907 Reader:Call Tol�-Frau 1-800.0784827