The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-648 IILIIIIlllllllllllllllfl�llllllllll�llllfllllllll ��,�- CONTRA COSTA Co Recorder Office STEP EN L. WEIR Clerk-Rgerr + +� / Recorded at the request of: �" 2®0 �i5i .�J0 Contra Costa County Wednesday, OCT 29, 2003 11:37:41 Board of Supervisors FRE $0.00 1i g Q+y r��g Return to: P Tt t Pd $8,N Nbr-01830228 Public Works Department Engineering Services Division I r C/R9/1—8 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEM, GREE MERG, GLOVER AND DESAULMER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 648 SUBJECT: Accepting completion of improvements and declaring South Wedgewood Road (formerly known as Tamerisk Road)as a county road,Road Acceptance 1125(cross- reference Subdivision 7984), San:Ramon(Dougherty galley) area. (District RI) The Public Works Director has notified this Board that the improvements in Road Acceptance 1125, South Wedgewood Road (formerly known as Tamerisk Road) (cross-reference Subdivision 7984)have been completed as provided in the Road Agreement with Shapell industries of Northern California, a Division of Shapell industries,Inc.,heretofore approved by this Hoard in conjunction with the filing of the Subdivision Map. LT:mt:sr G:\GrpData\EngSvc\BO\2003\10-2"3\RA 1125 BO-45.doc Originator. Public Works(ES) Contact: 'Peri Rie(313-2363) Recording to be completed by Clerk of the Board cc: Public Works -Tax Y.D.95-257-8030,Accounting -T.Bell,Construction Div. -M.Valdez,M&T Lab I hereby certify that this is a true and correct copy of an -H.Finch,Maintenance Div. action taken and entered on the minutes of the Board of -L Bergeron,Mapping Div. Supervisors on the date shown. -1 Gray,Eng.Svc. T. October 14,2004 ATTESTED• OCTOBER 28, 2003 Sheriff-Patrol Div.Commander CHP,c/o Al JOHN SWEETEN,Clerk of the Board of Supervisors CSAA-Ca:tog and County Administrator Shapell Industries of Northern California a Division of Shapell Industries,Inc.,a Delaware Corp. Sam Worden and Steve Savage 100 N.Milpitas Blvd. By �,Deputy Milpitas,CA 45035 National Fire Insurance Company of Hartford 21650 Oxnard St.,Suite 600 Woodland Hills,CA 41367 RESOLUTION NO.2003/ 648 SUBJECT: Accepting completion of improvements and declaring South Wedgewood Road (formerly known as Tamerisk Road)as a county road,Road Acceptance 1125(cross- reference Subdivision7984), San Ramon(Dougherty Valley) area. (District III) DATE: October 28, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of October 14, 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 10, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for$820,500.00, Bond No.929247983 issued by the above surety be RETAINED for the six month lien guarantee period until April 28,2004, 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 South Wedgewood Road(formerly Tamarisk 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 and DECLARED to be a County road. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Road Name Road-R/W Widths Lenghs alles`I South Wedgewood Road Varies 40'-741 Varies 72'-106' 0.4 (formerly Tamarisk Road) BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$16,400.00 cash deposit(Auditor's Deposit Permit No. 391840,dated August 22,2002)made by Shapell Industries of Northern California,and the performance surety bond rider for$243,700.00,Bond No. 929 247 983 issued by National Fire Insurance Company of Hartford be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/648 Executed in `triplicate SURM ` -1125 Gale Ranh It Cross Reference SUB 7984 increase-Deere"* Rider TO BE ATTACHED TQ and form part of Bond Number 247,983_......._... issued by the Nation x!Fire InsuranmQQm12anyafHarffQrd as Sumty,on behalf of Shapell Industries of Northern California,A Division of Shapell Industries, Inc. of Milpitas, CA hereinafter referred to as the Principal,and in favor of County of Contra Costa ... , .... ofMartinez,CA _W....... .. ..... , .. ...„......_.._..� __...,.... . . .. ,.... .,... hereinafter referred to as the Obliges,effective the -L0- . .day of. . ....Au �sj... 40 . IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration It is 23rd September 2003 and subject to all the terms, understood elfrod agreed that effeotive the�___ _ day of . b} conditions and*rdU&ns of the attached bond,the penal sum thereof shall be and the same Is hereby decreased from the surnof One Million Six Hundred Twenty Four Thousand Six Hundred and Noll 00***Pe ormance Only _,,____ .. Doliam{ $1.624,,600,00 } t0 the slum Of TWCi Hundradd Foft Three Thousand Sayan_Hundred and Noll ffl— PArformaanre Only Dollars(aJ243.700.00** ). IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and imitations of ft altachad bond, theliability of the Eumbi for any lose occurrWq prior to sold da*"I not exased the sum of One illion Six Hundred Twenty Four Thousand Six Hundred and No/100***Performance On ..®, .. . .. .._ -,....__..........Dolam{11.624.600.00** }r Or for any lose occurusnt to said date shall root exceed the sum of Two Hundred Forty Three Thousand Seven Hundred and No/100*** Performance On __Dollars{$243,700.00** } In no event,howem,shall the aggregate liability of the Surety exceed the larger of the albrernentioned sums,It be"the Intent hereof to preclude cumuk6v Iltablifty. SIGNED,SEALED AND DATED fhb —2&b--day of August 2003 Accepted By: Shapell Industries of Northern California, County of Contra costa a Division of Shapell Industries, Inc. (Principal) Je`� ,'�`��-" Seel U. T EBRIDGE, MST. VICE PRESIDENT Seal KEN COX, ASST. SECRETARY National Fire Insurance Company of Hartford � retY} (Seal) SUR.23189-D Pamela L.Stocks Attorney-in-fact CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clam On September 3,2003,before me,Janice T.Kruse,Notary Public personally appeared J.C.Truebridge and Ken Coax,personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons,or the entity upon behalf of which the persons acted,executed the instrument. dh 3teft r��usE CotntrriWOn# 1318,6971 Notc"P -Cot+tt,rnio SS my hand and official seal. Cbro cowty L�lycan►tn, �up��, Si turn of Notary Public Optional Info Title or Type of Document: +— N�- Tract: Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. 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,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal ofl'aieain the City of Chicago,wAState of Illinois,anxlrthat they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually of Sherman Oaks,CA,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 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 herby 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 9th day of July,2003. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania f s W Michael Ge:ngler Swat'Vice President State of Illinois,County of Cook,as: On this 9th day of July,2003,before ins personally cane Michael Cnnrgler to me gown,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 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 s+rals affixed to the said instrument arc such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his mane thereto pursuant to Iike authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL • Et,ZA PRICE • �wer*++xia.srrrea�ur+or� .r rwras My Commission Expires September 17,2006 4fpri�:46��eNotary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corpomdon,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the: Power of Attorney herein above ad forth is still in force,and ftuther certify that the B)?4Aw and Resolution of the Board of Directors of the corporations pnnte¢,pth,t�e reverse hereof is ill in force. In testimony w�f 1 have hereunto subscribed my name and affixed the seal of the said corporations this GSL day of :3 fir,, Continental Casualty Company National Fire Insurance Company of Hartford � , American Casualty Company of Reading,Pennsylvania rtxr n. SEMA r�,, . (Oeg��Z7— Mary A. ika Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASU TY 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 thererto. 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 attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Directors of the Company at a meeting duly called and held on the 17s`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 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 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 Power of Attorney is trade and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the e ormany. "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, 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, undaukings 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 fill power to bind the Company by their signature and execution of any such h atrurnents and to attach the seat of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power suet authority previously given to any attorney-in-fact" This Power of Attorney is signed and sc ale d 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 17b day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the CDmpany 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 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 rpt 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,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligattory instruments of Me nature. Such Attorney-in-Fact,subject to the limitations art forth in their respective certificates of authority,shall have flub pourer 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 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°i 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 fWJimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretory 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 seal 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 CALTFORNTA County of LOS ANGELES On August 28,2003 before me, Sandy Hanner-Notary Public Oats NAME,TITLE OF OFFICER.."JANE DOE.NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME;S}OF SIGNER($) (x) personally known to me–OR--(—) proved to me on the basis of satisfactory evidence to be the person(s)whose name(Of Is/Alfteubscribed to the within Instrument and acknowledged to me that Wshe%lhagc.executed the same in biWher/t lit authorized capacityOeee and that by Plher/ it signatures)on the instrument the person(Q, or the entity upon behalf of which the person(* acted, executed the instrument. SAANDYNDYBANNER '- WITNESS hand and ofliclal seal. CCommission itt#392#5! Notary Pubk Uftnis - Los Argoft County ' SIGNATYJRE OF NOTARY JoMy Comm,ExOM Jut 2,2009 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 {) PARTNERS) () LIMITED GENERAL NUMBER OF PAGES ( ) ATTORNEY4N-FACT (�) TRUSTEE(S) {) GUARDIAN/CONSERVATOR (..r.) OTHER DATE OF DOCUMENT SIGNER 19 REPRESENTING: NAME OF PERSON(S) OR ENTI'IYQES) National lre Insurance Corny rw of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G-107426-d N-Q.Y CE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bands and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. 'Ib principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer:Western Surety Company,Universal Surety ofAmerica, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of heading, PA, The Firemen`a Insurance Company of Newark, NJ, and The Continental Insurance Company. MCILO -IRFMUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). L `� The United States will pay ninety percent (90%)of covered terrorism losses exceeding the applicable surety/insurer deductible. Crotm FT91ti