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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-510 :�� VIII III III I iII II II I IIINII II II VIII Nlll l 111 l 1111 CONTRA COSTA Cc Recorder Office STEPENI L, WEIR Clerk-Recorder Recorded at the request of. DOC— 2003—@1s98458.00 Contra costa County Wednesday, AUG 13, 2003 09:26:40 Board of Supervisors Fits $9.00 Return to: Public Works Department Tk I Pd $0,00 Nbr-0001677574 Engineering Services Division Y r C/6'6/1—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 GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/ 510 SUBJECT: Accepting completion of improvements and declaring certain roads as county roads for RA 1083(cross-reference Subdivision 7796)North Orale Ridge Road,San Ramon (Dougherty Valley)area. (District III) The Public Works Director has notified this Board that the improvements in RA 1083(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:\GrpDatatEngSvc\BO\200318-12-031RA 1083 B045.doc originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contacts Teri Rie action taken and entered on the minutes of the Board of 13-2363) cc: Public Works -Tax LD, AccAccountiuncing -T.Bell,Construction Div. Supervisors on the date shown. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. -L Bergeron,Mapping Div. ATTESTED: AUGUST 1.2. 2003 -J.Gray,Engineering So-vices Sheriff-Patrol Div.Commander JOHN SWEETEN, Clerk of the Board of Supervisors and CHP,c/o Al County Administrator CSAA—Cartog City of San Ramon Joye Fukuda - 5000 Crow Canyon Road San Ramon,CA 94583 By Deputy Shapell Industries of Northern CA Steve Savage and Sam Worden 100 N.Milpitas Blvd. Milpitas,CA 95035 American Casualty Co of Reading PA 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 RESOLUTION NO.2003/ 510 SUBJECT: Accepting completion of improvements and declaring certain roads as county roads for RA 1083(cross-reference Subdivision 7796)North Gale 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$971,000.00, Bond No. 929097473 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 a portion of North Gale Ridge Road from Station 8+54 to Station 11+80, as shown on the RA 1083 improvement plans,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 and DECLARED to be a county road. The maintenance of the culverts crossing West Branch Alamo Creek are excluded from County/City maintenance. Also,the portion ofNorth Gale Ridge Road constructed as RA 1104 is also excluded from County/City maintenance. Upon acceptance by the Board of Supervisors,the County shall contract with the City of San Ramon for maintenance for a portion of North Gale Ridge Road in accordance with the Dougherty Valley Memorandum of Understanding. Shapell Industries of Northern California shall maintain the culverts and the remainder of North Gale Ridge Road until such time the Board of Supervisors accepts the culvert work(DA 00 17) and the remaining road work(RA 1104) as complete. Road Name Road-R/W Widths Lengths (Miles) North Gale Ridge Road 39'—72' 0.20 BE IT FURTHER RESOLVED that the County will not be issuing a road number for North Gale Ridge Road. The road is to be annexed to the City of San Ramon. BE IT FURTHER RESOLVED that the beginning of the w=ant Lperiod is hereby established, and the $19,420.00 cash deposit (Auditor's Deposit Permit No. 337342 , dated September 2, 1999) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for$288,400.00,Bond Number 929097473 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. 12ESOLUTION N0. 200.3/510 ' V n t • Executed in Triplicate SURErY RA-1083,Gale Ranch Increase-Decrease Mar TO BE ATTACHED TO and form part of Bond Number ._.. ,929.097 473_.,_,,, issued by the _AmicanerCesua tv Comoanv of Reading. PA _ .__.. a8 Surety.on behalf of Shaped Industries of Northern California,A D€vision of Shapell Industries, Inc. of Milpitas,CA ----- ,herainafter referred to as the Principal,and In favor of _e.County of Co0tM Costa of. Martinez,CA hereinafter referred to as the Obligee,effedive the _2= . .day of. . ,..ti9lagusz,jJ9P.9.. IN CONSIDERATION of the premium charged for the attached bend and other good and valuable consideration It Is understood and agreed that affective the----2nd day of July, 2003 ,and subject to all the terms, conditions and ns of the attached bond,the penal sum#woof shah be and the same is hereby decreased fronm tt►e gUm Of One-Million Nine Hundred Twenty Two Thousand Six Hundred and noll00***Perrormanoe Only _�..._. Dollars t0 the sUm of .-(wQ.Hundred Eighty Eloht Thousand EoUr Hundred Dollars-and nol100***Performance Only Doilare( $288.400.00*** IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, eonditians and Imitations of the attached bond, the ag Iab*of the Surety for any lose oa ning prior to said date shall not exceed the sum of One Million Nine Hundred Twenty Two Thousand Six Hundred and noi100***Performance Only ...__..._._....DONars( $1,922,600.00*** or for any ION occurring Usimt to said date shall not exceed the sum of Two Hundred Eighty Eight Thousand Four Hundred and no1100**'Performance Only *** Dollars{�288.400.00-., In no event,however,shall the ate liability of the Surely Tweed the larger of the afvrwentloned sums, it being the Intent hereof to pmdude c umuladve ilabdity. SIGNED,SEALED AND DATED this 2n.4 ^day of July- 2003, Acceiged BY: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (P ® Seal B =amela Com an of Readin PA SUR-23189-D tocks, Aitomey-h-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Prevents,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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Mall,Sandra V Manner,Individually of Sherman Oaks,CA,their true and lawful Attomey(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 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 seats to be hereto affixed on this 6th day of March,2003. Continental Casualty Company National Fire Insurance Company of Hartford (DOO American Casualty Company of Reading,Pennsylvania 7 Michael Gengler Sen Vice President State of Illinois,County of Cook,ss: On this 6th day of March,2003,before me personally came Michael Gengler 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 corporation,National Fire 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 affixed to the said instrument are such corporate sub;that they were so affixed pursuant to authority given 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. OFFICIAL SEAL � ELIZA PRICE • �+uaN+�uo.amw+ae�.us�or . woor�wK �r,rs My Commission Expires September 17,2086 Eliza Price Notary Public CERTIFICATE I,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,PennVivania,is Penn ration 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 o the Board of Directors of the corporations printed,prt tare:reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the l of the said corporations this h7d day of 2003 a, Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania APLY SWAL Y i. i Form F6853 Mary A.kik—a7jA kik—a7is Assistant Secretary 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 Dins 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 in-fact to actin 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 fie limitations set forth in dieir 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 Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directom 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,1443. "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 attomey grunted pursuant to Section 3 of Article 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 at 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 bard or undertaking to which it is attached,continue to be valid and binding on the Company." ADOP'T'ED 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 VI—Execution of Obligations and Appointment of Attorney-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, firm time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bones, undertakings and other obligatory instruments of like nature. Such attornneys-in-fact, mbject to the limitations set firth in their respective certificates of authority,shall have f dl 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 power and authority previously given to any attorney-in-fes." 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, 1493. "Resolved,that flee signature of then President or any Executive,Senior or Group Vice President and the seal of the Company my be affixed by fhcsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or at Assistant Secretary and the seal of dee Company may be affixed by facsimile to any certificate of any such power and any power or certificate barring such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by ce rtifTeste m 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." ADOP'T'ED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and ueaftd pursuant to and by authority of the following Resolution duly adopted on February 17,1493 by the Bond of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Viet President of the Corporation may,from time to time, appoint,by written certificates,.Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of invmummi bands,UndatskillP and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certifieata of authority,shall have fide power to bind the Caporation by their signature and execution of any such innstnmmertt and to attach the Baal of the Corporation thereto. The on Executive Vice PmWent,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and ty previously given to any Attorney-in-Fact." This Power of Attorney is signed and waled 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,1443. "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 an any power of attorney granted pursuant to the Revolution adopW 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 fiacsimile to any catificarte of any Mxh power.and any power or certificate baring such facsimile signature and seal shall be valid and binding on the Corporaftom Any such power 20 and pled and certified by certificate so executed and sealed,shaft 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 July 2. 2005 before me, Sandy Banner - Notary Public Dat# NAME.TITLE OF OFFICER.."JANE DOE:NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (X} personally known to me—OR_(,_..,)proved to me on the basis of satisfactory evidence to be the persona) whose name(*$is/zIg subscribed to the within Instrument and acknowledged to me that MishelibW executed the same in hWher/ttak authorized CaPacttyOev, and that by NWher siglMdure(s)on the instrument the person(tt), or the entity upon behalf of which the person(30 acted, executed the instrument. _ WITNESS SANDY HANKER y hand and official seal. Commission#1362157 -rr Notary Public-U forme Los Angel"County Si?W RE OF NOTARY My Comm.Expires Jul 2,2006 PMOWN 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 {r}GENERAL { —} ATTORNEY-IN-FACT NUMBER OF PAGES } TRUSTEE(S) {�) GUARDIAN/CONSERVATOR {�) OTHER DATE OF DOCUMENT SIGNER 19 REPRESENTING: NAME OF PERSONS} OR ENTITY(IES) lty C American Casuaompany of Reading, Pennsylvan a _SIGNEJ9(S)OUT=�1N NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On �-t- Date before me, Nano and Tilt of OMoor(e.g.,•Jens Dot`Pb1aw Fu6itc'1 personalty appeared Name(s)of Signers) rsonally known to me © proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)–Ware subscribed to the within instrument and a JANICE T.KRUSE � acknowledged to me that 4&Wwjhey executed ConM11091011013191W the same in hisAisiftheir authorized NoWly C&Mbnft capacity(ies), and that by A401"n0their Sam Owe t signature(s)on the instrument the person(s),or *CWM&PkftAugA2W5 the entity upon behalf of which the person(s) acted, executed the instrument. ITNI=SS my hand and official seal. SiW_d MINY rum OPTIONAL Though the lnformatlon below is not Mqulmd by law,It may pave VwVob to penarns rWng on the doo meat and could prevent fmu&dant r noval and reattachment of this form to another document Description of Attached Document Title or Type of Document: A. Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: Individual k T j2'borporate Officer--Title(s): "("• ��1, `'Of to �`° d Partner—0 Limited 0 General 0 Attorney-in-f=act 0 Trustee _ _ - 0 Guardian or Conservator 0 Other. Signer Is Represents m 1 M Ngd&W No"AuodaMon•SM Ds Sots Ave,.i?d.Boz 24M•Chftwodh,CA 61313.2402•w".mftWnft h`•a6 Prod.Na 5807 fisordtr:CM TWFFm 1