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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-293 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,;CALIFORNIA Adopted this Resolution on June 8,2004, by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTTON NO., 21004/ 293 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 02- 0020,being developed by Scott Busby, Martinez area, (District 11) The following documents were presented for Board approval this date: I. Map The parcel map of Subdivision 02-0020, property located in the Martinez area, Supervisorial District II, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Scott Busby,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Originator:Public Works(ES) Contact: Frank Navarro(313-2264) AM;rnt ATTESTED: JUNE 08, 2004 G:iGrpDatalEngsvclBQ2WO6-08-04'IAS 02-0020 BO-2 l.doc Ips SWEETEN,Clerk of the Board of Supervisors and ee: Public Works s T.Bell,Construction Current Planning,Convnunity Development County Administrator T—April S,2005 Scott Busby P.O.Box 1007 Martinez,CA 94553 Lincoln General Insurance Co. By Deputy 501 W.Broadway,Suite 1400 San Diego,CA 92101 RESOLUTION NO.2004/ 293 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 02-0020, being developed by Scott Busby, Martinez area. (District II) DATE: June 8, 2004 PAGE: 2 A. Cash Bond Performance amount: $1,342.00 Auditor's Deposit Permit No. 423931 Date: May 3, 2004 Submitted by: Scott Busby Tax ID Number: 550-92-3587 B. Surety Bond Bond Company: Lincoln General Insurance Co. Bond Number: 66112376 Date: April 21, 2004 Performance Amount: $132,858.00 Labor&Materials Amount: $67,100.00 Principal: Scott Busby III. 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 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $3,500.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Lincoln General Insurance Co. Bond Number: 66112378 Date: April 21, 2004 Amount: $3,500.00 Principal: Scott Busby NOW,THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLMON NO. 2004/293 * • � i « # IF a • P t rf ► B! i � « « � i \i� � f! 111 � ' #+�1f « \'� � a ♦ t « _ n is • v # ♦ f �w �� tT p f « 4 # « } p t « « it A{ E r « « # \ f } 4 ♦ s} a ' « fa « ]4�9 t« a a 7 « « rP ' ♦ } r � R :f la � a E « } sa � x fE ,;� w c ♦ e P .. i ♦ f � � � 4�.o a � � t r� i� �a rf� is ♦ 4 - #rk « �i � • .a � f '.c♦ �t it * r IT a '' �. » - a. �i-' i + - �� :T . • * � � « ;' « « ,. ,� « � pia # 'a « � ., ` ;1 iT s •# S t# p a iC a « } �a ! f « . « \` R R • } a =`� ii>Y�a a if = .a s ' « :" iM , ♦ ♦ t .a �l li Z is a ♦ # f z[ '� x A ,a sf a , a MIME 4n , r f -OL ALU ll.d " i rlip ' < " w. i .,. mi, , �{{ ' i i i i i l E { i I i `�• • it * � #, t r.e w r .# NUMM 423931 DM AWGNi '� r r. � 4r.• w ,: e � R �M DEPOSIT PERMIT OFRCE OF COUNTY AUCInDR-CONTROLLER MART 7—CAL tNIA TOTFiE TREASURER: .. � 6,2 �--•- RECENED FROM /f ORGANIZATION NUMBER iT (Fax Cosh Colection Pmcedaat+es no County Adwnirtmtor's Buktin 105.) DESCRB'T ION FUND/ORG. AC TASK ACTMTY AMOUNT i i t t t - t t t -- _ _ -__- - - ----- __ LL - -- - --._... �,►- t t i i t i i t t , i i EXPLANATION: TOTAL $ DEPOSIT Deposit cwssists of the folbwing items COIN and CURRENCY $ CHECKS,Maa,ETC. $ BANK WOWS $ FOR ALWORWCONTROUER USE ONLY DEPOSrr NUMBER DATE ASSIGNED The amount of rntsrW desarbed d 4e is for Treosurer`s receipt of above,a amounts' ` Receipt of above amount is hereby deposit into the County.Treasury r` ockn� ) C Date-513� f t T �� En � Deputy County Auditor Deputy County Taeasurer ti-34REV.(7-93) { L. g , i 828600-0800: G1138290, $125.00, WCC Traf Fee COLA, permit# 340971, RomiMayder, 1331 Sierra Ave. Sar Jose, CA 95126 828600-0800: 61138291, $301.00, WCC Traf Fee COLA, permits# 351191 351192,Excelbuilt, Inc., 3150 Hilltop Mali Rd, Ste 10, Richmond, Ca 94806 0682-9755 / 819200: 61138281, $16.000.00, Signal Design & Remodel, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas,CA 95035 0682-9755 / 819200: G1138282, $6,000.00, Signal Design, Shapely Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 0682-9755 / 819200: 61138283, $3.600.00, Signal design, Contra Costa RE Investors, LLC, 4155 Biackhawk Plaza Circle, Suite # 201, Danville, CA 94506 k 0682-9755 / 819200: 61138284, $400.00, Signal Design, Ponderosa Homes II, Inc, 6671 Owens Dr., Pleasanton, CA 94588 819800-01800: G1138517, $8,200.00, RA 1148, Cash Bond, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1138519, $14.0100.030, Sub 8690, Cash Bond, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61138527, $1,342.00, MS 02-0020, Cash Bond, Busby Construction, PO Box 1007, Martinez, CA 94553 0649-9665 / 831000: G1138527, $9,539.00, MS 02-00120, Inspection Fee Deposit, Busby Construction, P4 Box 1007, Martinez, CA 94553; 0649-9665 / 831000: G1138518, $40.500.00, RA1148, Road Acceptance Inspection, Shapely Industries of No. CA, 1010'North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: 61138520, $66,400.00, Sub 8690, Major Sub Inspection, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: 61138524, $32,250.00, Sub 8681 Improvement Pian Review, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1138525, $11,008.00, Sub 8699, Landscape Improvement Plan Review Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 Subdivision: S 0-1-00ZO Bond No.: 66112376 Premium $2,717. NPROVEMENT SECURITY BON' D FoR SuBD3 VISION AGREEMENT (Performance, Guarantee and Payment) (California Government Cade §§ 66499-66499.10) I. RAWAL ate Suyawa—om AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa, to install and pay for street, drainage and<other improvements in Subdivision ms na-.nn n ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws. and rulings thereunder m order to satisfy conditions for fling of a final map or parcel map for said subdivision, Z. On fi 't`rc rt: -Scott Busby as mincipal and Lincoln General insurance Company $ corporation organised and existing under the laws of the State of Pennsylvania and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. performance and Guarantee: One hundred thirty-two thousand eight, hundred fifty-eight Dollars($---L3-2,8 5 8..O0 f for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. T'aymeat: —Sixty-seven thousand ane hundred _ Dollars ( 67,100.00 )to secure the claims to which refer=e is made in title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. Co nv-M_Orz: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs, executors,ad finis gators,successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true mtern and meaning and shall indemnify'and save harmless the County of Contra Costa, (or city assignee)its officers,agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full farce and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable casts, expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as casts and included in any judgement rendered. B. The condition of this obligation, as to Section (23.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and.other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also;incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. ' It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the.principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND ZALED on April 21, 2004 PRINCIPAL' Scott Busby SURF Ty: Lincoln General Insurance Company Address: PO Box 1407 Address: 5011 W Broadway, Suite 1400 City: Martinez Z 94553 City; San a o, CA p: 921 1. By: By: Print Name: Scott Busby Print e: Gloria S. Russell Title: Owner/Develouer Title: Attomey-in-Fact HXMW*1ap G.lQrpData�EngSve\FannsSBN WORD\BN-12.d- Rev.November 28,2000 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN EY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and Woint: Gloria S. Russell its true and lawful attomey(s)-in-fact to sign,seal and execute for and on its behalf,as surety,bonds,undertakings,and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,090,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorneys)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,nay be facsimile representations of those signatures;and the signature and seat of any notary,and the seal of the Company,tray be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be ixed, these presents to be signed by its duly authorized officers this 4th day�nt 2002. INS Attest: °' -00RATZ '•;rte' Gary J. do ,Se tory .: Ci .— • :tfi hojwani,Preid t 1977 The Commonwealth of Pennsylvania S -1-' ,a, •O York County ;0. ct,1,)VSyL%jF � On this Ah clay of September,2002,before rriE na)1 C. Bhojwani,to me known,who being duly sworn, did depose and say:that he is the.President of the Co in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notariai Seat The Commonwealth of Pennsylvania CatHerine mono hoose,notary York County Sprtnpsttataury Twp.,York C 4t- My Commission Expires June t Notary Publt I,Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 21st day of &di , 2004, --�ritiirssgtt,� oMres !C►�' J. d Secretary 197'7 a= ��,/ ttrrrirenttN ` x r<�9>33mwawwdw.aika3myatPA17402-0136 Bond No. 66112376 TERRORISM RIDER NOTICE— FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE.OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"),will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Dego On 4/29/2004 before me, Athena Panos , personally appeared Gloria S. Russell ..personally known tome -OR- ❑ 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument, riio Akotiffi €i€ ATHENA PANOS I CW=L JW#127130e3 WITNESS my hand and official seal. SM MVC .l JU21,2Wc Signature of Notary 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 Power of Attorney & Bond ❑ PARTNER(S) ❑ LIMITED ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Lincoln General Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of ` .��,�e County of ?-/rlrt On ( a - _ before me, t t iPeu r e-1• hf , DATE NAME,TITLE Of OFFICER-E.G.,VANE DOE,NOTARY PUBLIC personally appeared �o s AME(S) SIGNER( ❑ personally known to me - OR - "proved to me on the basis of satisfactory evidence to be theep rson(� whose name } ictal subscribed to the within instrument and ac- knowledged to me thaLbp/sl /th/e executed the same in his/ho/t Ir authorized JULIE> ARI_S Elul ca- pacity eQA, and that y his/hefith�r k. ct3m"Tij?Sjon f 135544)13 x SI nater ton the instrument the on , rel N& IrG.btl - ilr ►niWa or the entity upon behalf of which the person(s acted, executed the instrument. WITNESS my hand and official seal. JA /" ;l '� S1 NATURE OF NOTARY OPTINAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could preve fraudulent reattachment of this form, y CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTAC OCUM'ENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER >7TLsts> ITLE OR TYPE OFDOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 17 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER t5 R ESENTING: NAME OF PEiiSON(S} R ENTtTY{IESj SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Boz 7184-Canoga Perk,CA 81309-7184 ..... VVIDAFMI1 1/19 t 4121104 OLD REP$42 02-0020 Tax Collector's office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P. O. Box 631 (('�""�/�1C}}-- Russell V.Watts Martinez, California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County tty Joslyn Mitchell (925)646-4135 FAX "I Tax Operations Supervisor l at ; e Date: 4/2112004 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. 02-0020 MARTINEZ 76006 Parcel#: 375-260-019-1 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 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $3,500.00 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 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond most be presented to the County Tax Collector for review and sagroval of adequacy of security prior to filim with the Clerk of the Board of Supervisors WILLIAM J. POLLACEK, Treasurer-Tax ctor By: Bond #66112378 Premium $100.00 PRINCIPAL TITLE COMPANY S-U— Scott Busby' Old Republic Titin Comoanv Lincoln General Insurance Company PA 300i on Cla Road 501 W. Broadway, Ste. 1400 ddress Street Address Street Address Martinez, CA 94553 Cottcord.-Ch"5'iA San Diego, CA 92101 City, state, zip city. State, zip Cita, State,Zip Scott Busby Dawn Cabmi Ron Ballard Contact Perron Contact person Contact Person 925-228-055 19 51887-7680 (619)744-5034 Phone Number Phone Number Phone Number QOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT Scott Busby ,as Principal and Lincoln General Insurance Company as Surety, a corporation organized and existing under the taws of the State of Pennsylvania and authorbmd to transact surety business in Califomia are held and firmly bound unto the County of contra Costa, State of Callfomia. in the penal sum of THREE THOUSAND FIVE HUNDRED DOLLARS($3,500:00),to be paid to the said County of Contra Costa,for the payment of which will and truly be made,we and each of us bind ourselves, our heirs,executors,administraturs and successors,jointly and severally, firmly by these presents. SSeated with our seals and dated this 21st day of_April _ 2004. The conditions of the above obligation is such that WHEREAS,the above bound Principal is about to file map(s) entitled MS 02.0020 covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against said tract of land covered by said map(s),which taxes,and special assessments collected as taxes, are not as yet due or payable. NOW THEREFORE, if said Principal shall pay all of the taxes and special assessments collected as taxers which are a limn against said tract of land covered by said reap, at the time of the fling of said map, then this obligation shall be void and of no eftct.Otherwise it shall remain in full force and effect. PRINCIPAL: SURETY: By: Scott Busby Lincoln1Gen ce Company By., .... (ALL SI TUR MUST RlZEt3) AriaS. ssell Attorney'-in--act DATE: BOND REVIEWED AND APPROVED CONTRA COSTA COUNTY TREA` K>`; - 1' COLLECTOR BY: ' <@> p n-W fAX 0117 752-0166 3350 Wheemd 1irL,PO Ba 37V9, Yard,PA 17402.0136 Bund No. 66112378 TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 LINCOLN GENERAL INSURANCE COMPANY PONWR OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Gloria S. Russell its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf,as surety,bonds,undertakings,and other obligatory instruments of similar nature in an amount not to exceed Three Million Duilsir sr($3,000,000)and to bund it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4h day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety binds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,.and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpo to be a fixed, these presents to be signed by its duly authorized officers this 4th dayaq*ttamr2002.INS " '— 1+ , ,DRAT Attest Gary J. , tary --- ojwani,Preaid t 1977 :aw The Commonwealth of Pennsylvania : —,. _ o York County �0` c�4'VSYLOd'*'r ; On this 4th day of September,2002,before ✓`'�� � ' �~ msrnalty�'' k C.Bhojwani,to rrx known,who being duly sworn,did depose and say:that he is the President of the Cor7pt�'f64iiMM in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the some was his free act and deed. Notarial seat The Commonwealth of Pennsylvania Cattierine Mani l oOs0.Notary York County Springettsbury Twp.,York #uly Commission Expires lune i Notary Publt I, Gary Omdorf% Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 21 st day of April , 2004 +1•titiarrrrrrrrf goRAT 1977 0 �'�''frrtrxrtr tnttttt��'��' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 4/21/2004 before me, Athena Panos , personally appeared Gloria S. Russell personally known to me -OR- ❑ 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. ATHENA 1'141+fC)S 1e WITNESS my hand and official seal. t OMMLWM# 1271303 S --DJeW Co [ MyC0m n.ExpVw 3uI21, Signature of Notary 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. I CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Power of Attorney & Bond ❑ PARTNER(S) ❑ LIMITED IBC ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Lincoln General Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5007 State of /11 County of On —rl before me, . A41,S DATE NAME,TITLE OF OFFICER-E.G.,'JANE OOE,NOTARY PUB41 personally appeared , NAME(S)OF SIGNERS) ❑ personally known to me - OR - droved to me on the basis of satisfactory evidence to be the p rs whose nam Is/ate subscribed to the within instrument and ac- knowledged to me that helshpthey/executed the same in is h ,r'tthe authorized and that by his/hgfifthir JULIE , 5E6 sigaaiur* on the instrument the ppmn* Commission#135WS or the entity upon behalf of which the Notary Public----calftmia p rS yacted, execufed the instrument. Contra cow county My comm.B#Ms May 11,2W6 Wl NESS my hand and official seal. S AT E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the docu t and could prevent fraudulent reattachment of this farm. r CAPACITY CLAIMED BY SIGNER DESCRIPT OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(5) ❑ PARTNER(S) ❑ LIMITED © GENER ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSE TOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESE"NG: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Boz 7184-Canoga Park,CA 91309.7184 When recorded mail to: DECLARATION FOR MAINTENANCE OF PRIVATE STREET THIS DECLARATION is executed by Marty Ochoa and Barbara Kirk Ochoa,Trustees of the Marty Louis Ochoa and Barbara Kirk Ochoa Revocable Trust, date October 29 , 2003, owner,with reference to the following facts: 1. Real property situated in the unincorporated area, County of Contra Costa, State of California, described as follows: Parcels B,C and D,as shown on Parcel Map MS 02-0020, filed , in Book of Parcel Maps, Page , Contra Costa County Records. 2. Each of Parcels B, C and D, has access to or is affected by that certain private street easement described as: ""Private Road-Not County Maintained" on said parcel map MS 02-0020. 3. The parties to this Declaration or its successor(s)in interest intend to maintain and repair the private street described above for the benefit of all lots listed above. 5. NOW, THEREFORE, in consideration of the Declaration made, and expressly for the benefit of and to bind themselves and their successors in interest, it is hereby agreed as fellows: A. MAINTENANCE AND REPAIR: it is understood that, only those owners of the parcels included in Paragraph 2,will maintain and repair the private street described in said area. B. ASSESSMENTS: All present and future owners will assess themselves periodically and pay all costs and expenses necessary to maintain the private street in good condition and repair. C. PROPORTIONAL ASSESSMENT: Every record owner of a parcel described in Paragraph 2 shall pay a proportional share of the assessments, costs and expenses of maintenance and repair. Presently, there are 3 parcels and each owner is chargeable with a 1/3 share. D. NOTICE:The parties hereto,or their successor(s)in interest may initiate required maintenance or repairs after consulting with all other record owners of parcels listed in Paragraph 2. No repairs shall be made without agreement by the majority and before ten(10)days'prior written notice being given to those record owners,emergency repairs being expressly excluded. The notice shall describe the repair(s) contemplated and the anticipated cost thereof. E. COVENANT RUNNING WITH THE LAND: It is the intention of the undersigned that this Declaration shall be for the benefit of and run with each and every parcel affected hereby, and any parcels created by any subsequent division of said parcels. Owners are obligated under this agreement only during the period of record ownership of those parcels listed in Paragraph 2 above, and only for those assessments,costs,and expenses incurred pursuant to Paragraphs C&D above during the period of record ownership. F. NATt1RE OF STREET: it is acknowledged that the street affected by this Declaration is private. The City or County has no responsibility to repair or maintain the street unless and until a dedication thereof is made and accepted by the City or County. Prior to acceptance of street dedications, owners of the private street are required to undertake and complete such widening, surfacing or other repairs which meet City or County standards for publicly maintained streets. G. ENTIRE DECLARATION: This instrument contains the entire Declaration. Any modification of this instrument shall be of no force and effect unless such modification of this instrument shall be in writing and signed and acknowledged by the party sought to be charged. H. ATTORNEY'S FEES: In the event of any controversy,claims,or disputes relating to this instrument or the breach thereof,the prevailing party or parties shall be entitled to recover from the losing party or parties reasonable expenses, attorney's fees and costs. 1. HEIRS AND SUCCESSORS: This Declaration shall be binding upon and inure to the benefit of heirs, personal representatives, successor(s)in interest and assigns of the owner(s)of the parcels listed herein. Dated: The Marty Louis Ochoa and Barbara Kirk Ochoa Revocable Trust dated October 29, 2003 By : M y Ochoa, Trustee z' By : Barbara Kirk Ochoa, Trustee State of Califytmia 611 } County } SS. o _t �— �`l On LL , 2004, befoM m ' personally ppeared , personally known to me (or 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 capacity(ies), and that by hislher/their'signature(s) on the instrument, the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. j WITNESS my hand and official seal. GTR�AACYARK ROOMERt3f COW*14W23s I BLIC-CAUFORRIAigP,FEEB.5.20M + My commission expires: (SEAL) State of Cali omia �7A ) r' ) SS. County On , 2004, before meG< Ima ersonally appeare ;IZ—=ZJ ,;,personally known to me(or proved to me M 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/#heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. TRACY MAMA R0MERW COMM.f 1488235 "OTARY PMC-CALIFORNIA y� coMM1t.EXP:FEB.5.2WO r