Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-509 CONTRA COSTA Co Recorder Off ice 12w �. _ ✓ STEM L. UEIR Cterk-Recorder Recorded at the request of: DOC— 2�@�@3--���$��'�_.�Qy Contra Costa County Wednesday, AUG 13, 2W3 09:26:31 Board of Supervisors FRE $0.08 Return to., I Pd $0.80 (+fir 0001677'56„4 Public Works Department Engineering Services Division Ire/RS/1-6 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 12, 2003,by the following vote: AYES; SUPERVISORS GIOI:A, UILKEMA, GREENBERG, GLOVER AND DESAUMIER NOES: NONE ABSENT: NONE ABSTAIN; NONE RESOLUTION NO.2003/ 549 SUBJECT: Accepting completion of improvements and declaring certain roads as county roads for RA 1082 (cross-reference Subdivision 7796) Lilac Ridge Road, San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in RA 1082(cross- reference Subdivision'7796)have been completed as provided in the September 21,1999 Agreement with Shapell Industries of-Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JG:rm G.14rpData\Engsvci130\20031$-05-03\RA 1082 so-45.doc originator. Public Works(ES) I hereby certify that this is a true and correct copy of an Contact- Teri Rue(313-2363) action taken and entered on the minutes of the Board of cc: Public Works -'rax LD,Accounting -T.Bell,Construction Div. Supervisors on the date shown. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. -1.Bergeron,Mapping Div. ATTESTED: AUGUST 12, 2003 -J. — - -J.Gray,Engineering services JOHN SWEETEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander CHP,c/o Al County Administrator CSAA—Cartog City of San Ramon a...Y Joye Fukuda 5000 Crow Canyon Road By + Deputy San Ramon,CA 94583 Shapell Industries of Northern CA Steve Savage&Sam Worden 100 N.Milpitas Blvd. Milpitas,CA 93035 American Casualty Co of Reading PA 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 RESOLUTION N0.2003/_ 509 SUBJECT: Accepting completion of improvements and declaring certain roads as county roads for RA 1082 (cross-reference Subdivision 7796) Lilac Ridge Road, San Ramon (Dougherty Valley) area. (District III) DATE: August 12, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 12, 2003 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 September 21, 1999 American Casualty Co.ofReading,PA BE IT FURTHER RESOLVED the payment(labor and materials) surety for$120,600.00, Bond No. 929097430 issued by the above surety be RETAINED for the six month lien guarantee period until February 5,2004,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 Lilac Ridge Road the hereinafter described road, as shown and dedicated for public use on the Final Map of Subdivision 7984 filed October 28,2002,in Book 448 of maps at Page 29, Official Records of Contra Costa County, State of California, is ACCEPTED as complete. Upon acceptance by the Board of Supervisors,the County shall contract with the City of San Ramon for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Len (Miles) Lilac Ridge Road 39'—72' 0.24 BE IT FURTHER RESOLVED that the County will not be issuing a road number for Lilac Ridge Road. The road is to be annexed to the City of San Ramon. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$2,400.00 cash deposit(Auditor's Deposit Permit No. 331987,dated May 18, 1999)made by Shapell Industries of Northern California and the performance/maintenance surety band rider for$35,800.00,Bond Number 929097430 issued by American Casualty Co of Reading PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOIXION NO. 2003/509 A Executed in Triplicate n J % SURA RA-1082 Bridges at Gale Ranch School Roads PLM LE 135 'Y Increase-Decrease Rider Vi TO BE ATTACHED TO and form part of Bond Number .r.. ,929 0$7 430........ issued by the American Casualty Company of Reading. PA as Surety,on behalf of Shapell Industries of Northern California .�-__..._ �..... . of _ Milpitas, CA ---�. ,hereinafter rafarred to as the Prh*ai,and In favor of QgUnly of Contra Costa- ... of. ..-.Martinez,CA __..._... .. .._.. . .. ... .._.. .....____ . _... . .. _. ........ ....._ hereineRer referred to as the Obliges,effactive the --71b . ,coy of. IN CONSIDERATION of the premium charged for the atlachad bond and other good and valuable consideration it in understood and agreed that uffacbm the— 2nd day of Julx 2003 ,end subject to atl the tarmac, conditions and limitations of the attached bond,the penal sum thered shail be and the some is hereby decreased from the sum of Two Hundred Thirty Eight Thousand Eight Hundred and no/100****Performance Only �{ _ DoNars{ $238, Q(y(�(.6S to the sorry Of Thirty Five Thousand Eight Hundred and no/100***Performance Only -_ Dollars(-135 nnn no** IT IS FURTHER UNDERSTOOD and agreed that subject to all the tons, conditions and limitations of the attached bond, the mate Nabift of the Surety for arr�r lose occurrkv Wor to sold d shall not exceed the sum of Two undyed Thirty Eight Thousand Eight Hundred an no/100""Performance Only Dolars( $238.800.00 )` or for aryy boa occur su uent to said daft shall not swe"d the sun of Thirty Five Thousand Eight Hundred and no/100***Performance Only Dollars{ ** In no event,however,she#the aggregate NabiNty of the Surety w=ed tete larger of the aforementloned scans, It being the Intent hereof to preclude cumin liability. SIGNED,SEALED AND DATED this 2nd day of July 2003, Accepted By: County of Contra Costa Shapell Industries of Northam California (P B S By n asua man of Reading, PA (Surety) Vic: .r L—' (saw) SUR-23189-D Pam L.Stocks, Attorney-In-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presemb.That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a. Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby macre,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated„by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 6th day of March„2003. Continental Casualty Company „ National Fire Insurance Company of Hartford �00 °"'u*+► American Casualty Company of Reading,Pennsylvania SP.AI. rat r, APA,- 1907 a. Michael Gengler SengfrViCe President State of Illinois,County of Cook,ss: On this 6th day of March,2003,before me personally came Michael Genglefr to me known,who,being by me duly sworn,did depose and say. that he resides in the City of Chicago.State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporasion,National Fire Insurance Company of Hartford,a Connecticut corporation.and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affrxrd to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by dee Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges sante to be the act and deed of said corporations. OFFICIAL 8 • ELIZA PRICE Marra�rr rusu*,rt+rra ar rr IN1 Mw11e wrrw My Commission Expires September 17,2006 —Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading..Pemu ylvanis.,*PennsXb=kpQUWvfion do hereby certify than the Power of Attorney herein above set forth is still in force;and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still inforce. In testimony whereof I have hereunto subscribed my name and the scat ofthe said corporations this 2nd day of Jt�]�y 2003 Continental Casualty Company, National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania t, OR taarr + • . Mawit ur A,R 96 is Assistant Secretary Form F6853 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 botuments Section 3. Appointment of Anarney-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 acts in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of line nature. Such attorneys-in-fact, subject to•the limitatiems set forth in Their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairnana of dee Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time.revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17&day of February.1993. "Resolv,4 that the signature of the President or any Executive,Senor or Group Vice President and the seal of the Company may be affixed by facsimile on my power of attormey graded pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secrecy or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and may power or certificate bearing such facsimile signature and seal shall be valid and binding an the Company. Any such power m executed and sealed and certified by cxrdffcate so executed and sealed wall,with respect to may bond or undertalft to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article YI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-iia-fact. The Chairman of the Board of Dkedom the Presider or any Executive, Senior or Gram Vice President may, from.time to time,appoint by written certificates in-fact to act in behalf of the Company in the execution of policies of insureauce, bonds, undertakings and other obligatory instruments of Bine nature. Such in-fact, subject to the limitations set Earth in their respective certificates of authority,Shan have fWI power to bind the Company by their signahne and execution of any such Instruments and to attach the seal of the Company thereto. The President or my Executives,Senior or Group Vice Resident may at any time ravdw all power and authority previously given to any 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 176 day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the real of the Company may be affixed by facsimile an any power of astt rney 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 dna Compatty may be affixed by facsimile to any certificate of any such power and any power or certificate bowing such facsimile signattme and seat shall be valid and binding on the Company. Any such power ser executed and seated 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 Resohrtion duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED: That rue President,an Executive Vias Resident,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates in-Fact to ant in behalf of the Corporation in the execution of policies of Insurance,bonds,undertakinp and other obligatory instruments of like nat ue. Such Auarney-in-Fact,subject to the limitations set forth in their respective rartif cares of authority,shall have fW1 power to bind the Cvrporsdon by their signature and execution of any such lostrtsmhent and to attach the seal of the Corporation tbersetu. The an Executive Vice Prosdenk any Senior or Group Vice Presider or the Board of Directors may at any time revoke all power and sw6mity Ply given to any Attocaey-ie-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the Ulawimg Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17&day of February,1993. "RESOLVED: That the signature of the President, an Executive Viae President or any Senior or Group Vice Resident and the seal of tht Corporation may be affixed by toile on any power of attorney granted pursuant to the Rommon adopted by this Board of Directors on February 17, 1993 and the_signature of a Secretary or an Assistant Sectuary and the seal of the Corporation may be affixed by faersimile to any certificate of any such power, and any power or eartfhaate bearing,such ficsimile signature and seal shall be valid and bid 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 'on." State of CALIFORNIA County of LOS ANGELES On July 2. 2003- before me, Sandy Banner - Notary Public oat* NAME.TITLE OF OFFICER..'JANE DOE,NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(s) (2L)personally known to me-OR-(—) proved to me on the basis of satisfactory evidence to be the person(s)whose name(*Wksmtsubscribed to the within instrument and acknowledged to me that MishetibW executed the same in ttWhertttsft authorized capacity{iee), and that by WherAWW signature(@)on the Instrument the person(x), or the entity upon behalf of which the person(*acted, executed the Instrument. ZrDY =- WITNESS hand and official deal. ` .`. SANDY MANNER ..-- t;ammis8ionf 1382i$7 4 Notary Pub11c-C r/­SXMTLME OF NarARY Loa Angshm County My Comm,E)*n Jut 2,2006 OPT1OIVAL Though the data Wow Is not required by law, it may prove valuable to persons relying on the document and could prevent frlauduient reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL G---) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) ) LIMITED (—)GENERAL NUMBER OF PANES { ) ATTORNEY-IN-FACT {) TRUSTEE(S) (.....) GUARDIAN/CONSERVATOR OTHER GATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) _. American Casualty Company of Reading,Pennsylvania SIGNER(S)O1"W"KHAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � County of SAA s t�-r�A as. , On -D i '�- before me, fC 1'a�t � } .i t,.;5 y Dept Name WW V to d OMOW a.."Jeno Doa {{ __ S o. personally appeared �� r- i -4__M.A'R _Cee_1 rPH Nwr*(s)of SW-(*) - - monally known to me Q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +dare _ subscribed to the within instrument and acknowledged to me that*/ahelthey executed 'ice t:KRW the same in -hie t t/their authorized C *A* C - 1318697 O[Nhie,capacity(ies), and -that by w0their signature(s)natures on the instrument the tiania t tourrty g ( ) parson(s),or , �� the entity upon behalf of which the person(s) acted, executed the Instrument. ITNESS my hand and seal. SVatm d Nftry Pdbk O N,4 Though the lnformetlen below Is not required by taw,It may prove valuable to pars"r&IAV on ft document and could preywq fraudulent removal and reattachment of this torn to another document Description of Attached Document Title or Type of Document-- : -L'Qs_- rc &'e ,\t� Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ® ih+idual ii���, Top of ftnb ram Corporate Officer--Titl$(s): s-°ksl-,y. ® Partner---0 Limited 0 General © Attorney-In-Fact D Trustee -- . • Guardian or Conservator CI Other: Signer is Representing 0 IM Na lmW WNy AsoodaWn•8350 Do Solo Aw..RO.aox 240'2•DOWWOM,CA 913i3-241 =rP mMftrsaM .OM PW.No.5907 Pao0w CO To"Y a f