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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-071 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO. 2003/ 71 SUBJECT: Accept updated tax letter and tax surety bond for Subdivision 8646,being developed by Western Pacific Housing,Inc.,San Ramon(Dougherty Valley)area.(District III) BACKGROUND: The Final Map and Subdivision Agreement were approved on January 14, 2003, by the Board of Supervisors per the attached Board Resolution. The Final Map was released for recordation upon the submittal of the updated tax letter and tax surety by Western Pacific Housing, Inc., to the Public Works Department on January 15, 2003. I. 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 2002-2003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be $284,300.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: Fidelity and Deposit Company of Maryland Bond Number: 08065289 Date: January 14, 2003 Amount: $284,300.00 Principal: Westem Pacific Housing,Inc. LT:cw G:1GrpData%ngSvc11301200312-04-031.SUB 8646 BO-2l.doc I hereby certify that this is a true and correct copy of an action Originator:Public Works(BS) taken and entered on the minutes of the Board of Supervisors on Contact: T.Rie(313-2363) the date shown. Public Works—T.Bell,Construction Current Planning,Community Development T—11-14-03 Western Pacific Housing,Inc. 6658 Owens Drive ATTESTED: FEBRUARY 04, 200.3 Pleasanton,CA 94588 JOHN SWEETEN,Clerk of the Board of Supervisors and Fidelity and Deposit Company of Maryland teff Wi11is County Administrator One Metro Center 4010 Boyscout Blvd.,Suite 800 Tampa,FL 33607 By- Deputy RESOLUTION NO.2003/ 71 SUBJECT: Accept updated tax letter and tax surety bond for Subdivision 8646,being developed by Western Pacific Housing, Inc., San Ramon(Daugherty Valley) area. (District III). DATE: February 4, 2003 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Public Works Director accepted the updated tax letter and tax surety to satisfy the Conditions of the attached January 14, 2003,Board Resolution. RESOLUTION NO. 2003/71 114"/03 FATCO$42 8646 Tax Collector's Office 625 Court Street � � William J.Pollacek Finance Building,Room 100 County Treasurer-Tax Collector P.O.Box 631 Martinez,California 94553- Costa Russell V.watts 0063 Chief Deputy Treasurer-Tax Collector (925)646-4122 (925)646-4135 FAX County Joslyn Mitchell Tax Operations Supervisor Date: 1/14/2003 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. 8646 SAN RAMON 86383 Parcel#: 223-100-011-4 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 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $284,300.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: TITLE COMPAriI`Y' ��[ . estem VtfcliSt Housing rod AtaitdUM VO4 Lo. Fidelity andnrd DDeposit Company of Maryland One 6W Owso Dr LM WMOW Wort"of 4010 Bo scout Blvd., Suite 600 ftuaMeft,tE 04SU Cownk.Ca G Tampa, FL 33607 Adat Atpt.t'arbW Me Attn: Jeff Willis ids=�'1-ldiDFkafti 025-ilii-70M Phone: (813)873-2055 PATMSIGUI NO MAM T'A►XF� KNOW ALLMW W BY`I`H>ME pM$N`' I Bond #08065289 '1`i T. Western WIG HousingMirtdeMM =a INUM +e Ur noted HAW111Y COMMY PS principal and (S y) Fidelity.and Deposit Comrtany of Maalanr . Ci1tp0�i t1 organized and existing under the laws of the State of Maryland and muthodud to trttttsact surety business in Califontia as surety are held and firmly bound unto the County of—Contra Casti—,_&AN of California,in the pWW antra of In Iiurtdttd nigbiv Ur fta&W the hwW edd Daliars to be paid to said County of Centra Casts , !or tho payment of which will and`tn�dy be made,we and each of us bind ourselves,our heirs, exacuton,adminiWators and swmsors,,jointly and<overatllY,firrcly by theca presents. Scaled with our Seals and dated thiY 14th day of January 20! 03 • IU conditions of the above obligation is such that WHO$AS,Mite above Winded principal is about to file a map and ledLT=j and coveting a subdivision of a tract of bard in said County of Cantu Cotta_ - and then sat certain liens for taxes and special sawasmenta collected a taxes,against the said tract of lana covered by.said tom,which taxers and special asseesrmaents collaated as tutees,an not as yet due or payable. NOW,TBP M if the said rdal"ahMll pay all of the tuxes and special assessments collected a taws which no a lien against said tract of land cove W by said map,at the time of the filing of Laid Map of said tract,then WE obligation&hail be void and of no offec't.othwwi�so it shall remain in tall force and affeet. 'wizen Plaids'Houli g-Wtttdomme,LW Fidel y and Deposit qanyof Maryland A Delaware IiinitedAwlity com my AP Pdaci NrM Ki 1 A. Tavernier, Attorney-In-Fact t Enrsa.t�.r c/o it is of Florida aCtCnaNNled 7650 they Campbell Cswy., #920 �rt0iti attsuhr9d) Tampa, FL 33607 Inquiries: (813) 281-2095 DAT& BOND REVIEWED AND APPROVED CONTRA COSTA COUNTY TRE U OLLECTOR BY: i ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 14th day of January, 2003 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Fidelity and Deposit Company of Maryland, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. �;►. - . Signatureal �. ` � Anett Cardinale_.: W COMMS ON# DD103928 EXi W 7uy 24 2006 AEU EU THRU TROY FAIN N18UOM W- 4° - This area for ficial Notarial Seal CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ALAMEDA On January 15, 2002 before me, Wanda Lawrence, a Notary Public in and for said State personally appeared Richard P. Ambrosini, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. Notary Public in and or said County and State WANDA LAWRENCE COA"SWON i NOTMY PUBKUM-OALUMMOMWA Wanda Lawrence cagy femy (Notary's name must be typed or legibly printed) alitn wo'Mey 10'X06 [Notary Stamp or Seal] Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in -Laws of said Company,which are set forth on the reverse pursuance of authority granted by Article VI,Section 2,of the By side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint James W. Dunn, David H.Carr, Kimberly A. Ta ernier, Lind J. Meyer and Anett Cardinale,all of Tampa, Florida, EACH its true and lawful agent and Attorney-i to make o te, seal and deliver, for, and on its behalf as surety, and as its act and deed: any andyupons akin a execution of such bonds or undertakings in pursuance of these presents,shall be as biparry, and am I to all intents and urposes,as if they had been duly executed and acknowledgelected ofthe ComYpany at its office in Baltimore, Md in their own proper persons. This power ofthat ' on behalf of James W. Dunn, David H. Carr, Mima Ramos,Denise Taylor,and Kimberly A. be 00. The said Assistant S does herebyforth on the reverse .side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Compan;tDELIT77%7D now in f IN WITNESS WHEREOF, the saidesidAssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the DEPOSIT COMPANY OF MARYLAND, this 26th day of November,A.D.2002. ��„ �� ATTEST: o FIDELITY AND DEPOSIT COMPANY OF MARYLAND o JIM By. State of Maryland Rogers T E. Smith Assistant Secretary Paul C. Vice President County of Baltimore ss: On this 26th day of November, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they arerthe said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .GWTAW� Carol J. Fader Notary Public My Commission Expires: August 1,2004 PDXF 031-3190 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,undertaking,recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate, and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I©th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be. valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 24th day of January 2003 ` Assistant.Secretary