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HomeMy WebLinkAboutMINUTES - 07182000 - C15-C21 �Rl THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 18, 2000 by the following vote: AYES: SUPERVISORS UILKEMA, DESAULNIER, CANCIAMILIA AND GERBER NOES: NONE ABSENT: SUPERVISOR GIOIA ABSTAIN: NONE SUBJECT: Approval of the Second Extension of the subdivision agreement for Subdivision MS 97-89, Martinez area. The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the subdivision agreement between Mark E. Tompkins and the County for construction of certain improvements in Minor Subdivision MS 97-89, Martinez area, through October 27, 2001; ♦ APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: Summer 2001 REASON FOR EXTENSION: Could not find a paving contractor willing to do the work this year. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. 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. ATTESTED: JULY 184- 2000 PAIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator JC:kw By Deputy G:\Grpbata\EngSvc\BO\2000\BO 7-18-OO.doc Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno,Construction Current Planning,Community Development T—8-2701 Mark E.Tompkins 2125 Pine Street,Martinez,Ca 94553 Frontier Insurance Company 101 West Broadway,Ste 700,San Diego,CA 92101-8208 SUBDIVISION AGREEMENT EXTENSION Contra Costa County Development Number : Subdivision MS 97-89 Developer : lilark E.Tompkins & Norman Johnson Original Agreement Date : October 27, 1998 Second Extension New Termination Date October 27,2001 Improvement Security 5ecuritl T1Jpe Security Amount (X)Cash : S 2,000.00(1% cash,$1,000 Min.) (X) Bond : $ 194,900.00(Performance) : $ 98,450.00 (Labor&Material) Bond No. (Date) : SDO0031942 (August 3, 1998) Surety : Frontier Pacific Insurance Company The Developer acid the Surety(or Fitiaticial Institution)desire this Subdivision Agreement to be extended through the above thAe; And Centra Cosia County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated: Dated: • FOR CONTRA COSTA COUNTY Nlaurice M. Shiu, Public Works p Developer's Signature(s) Printed ItLCP17 INI}l L)FC3 '.�' VA ' t _IV e ink I By. L Address (1-ingineeringSWvices Division) Frontier Insurance Company Surety or Financial Institution 101 West Broadway, Suite 700 San Diego, CA. , 92101--8208 (1 ME. Devetvlier•'s, Surety's and 17hancinl Address Institution's Signatures must be Notarized.) " � FORM APPROVED: Victor J.Westman,County Counsel Attorney in Facts Signature Jocelyn Quirt Printed lc!kw \\t'1VS4\S!#ARUATA\(3i}it)ata\EiigSvcVoliii\200OVtttie\MS47•A4-LE-t FOPKI,doc Jule 7,2000 After Approval Return to Clerk of the Board CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 1�r stateof California OPTIONAL SECTION County or Contra Costa. CAPACITY CLAIMED BY SIGNER On /20J00 ,before mc, M.A. Atwater, Notary Public Though statute does not require the Notary to nil DATE NAME,111 LE OF OFFICER E G,"JANE tx7E.NQTARY PUBLIC" to the data below,doing so may prove Invaluable to persons relying on the document. personalty appeared 3c�y„�. ifi r NAME{S)OFSIGNER(S) D INDIVIDUAL IX personally known to me-OR-0 provided to me on the basis orsatisfactory evidence to 0 CORPORATE OFFICER(S) he the person(s)whose norne(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) O LIMITED capacM A.ATWA t the same in his/her/choir authorized' p GENERAL Carimisslon# 1 113433 the same ty(i n h and that it authorized, their ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or 0 TRUSTEE(S) " Nsa11. y PubiiC-CCttItt71'xtidl _ the entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR { Gontxta Costta County acted,executed the instrument. 0 OTHER: My�nm'}q:;—es 7Cttt'I,2MC WITNESS nn hand and official seal, + �� SIGNER IS REPRESPERSON(S) L. a NAME OF PERSON{S)oR ENxIxY{I85}t T 1UNATURE OF NO]ARY f! act:nowlHged lir me that such corporation executed the within instrument pursuant to its by-laws or Frontier Insurance Company a icsolution of its Buaid of Dftcctors. OPTIONAL SECTION 7I1IS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO T HE DOCUMENT AT RIGHT. Number of Pages 'though the adjaLcrni data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. IMC.ALL SIGNAU1 S-The name and interest of the signer should be typed or printed BENEATH the signature. `I`he name must besigned as it is typed or printed. ll, IS GNA`ORES FOR INDIVIDUALS-The name mustbe signed exactly as it is printed or typed. The signer's interest in the property must be stated. Ill. GNAT RES-Signing party must be either a general partner or be authorized'in writing to have the aut.tor)ty to sign for and bind the partnership. IV. ATURES FOR CORPORATIONS should be signUy officers,icers,one from each of the following two groups: GROUP I. (a)The Chair of the Board MThe President Any Vice-President GROUP 2. la �The Secretary bAn Assistant Secretaryy cThe Chief financial Officer d)The Assistant Treasurer If sipatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: hi " ..and acknowledged to e chat such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:kw Rev.Jute 7.ZU00 X00 ;ranll i r INSURANCE COMPANY ROCK HILL,NEW YORK 12775-8000 (a Stock Company) POWER OF ATTORNEY !Rnbty Aff CY1en '3y ';�711JCSC 'lrt$Cnts:That FRONTIER INSURANCE COMPANY,a New York Corporation,having Its principal office in Rock HAI,New York,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 4th day of November,1985. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognisances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; 'RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory In the nature thereof; "RESOLVED,that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be In effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT FRANK R.OLSSON CORDON J.FISCHER JOCELYN QUIRT Walnut Creek California of ,in the State of its true and lawful Attomey(s)-in-Fact with full power and authority hereby oonf erred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as Its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND($550,000.00) DOLLARS;and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 311 Witness W{jereo f FRONTIER INSURANCE COMPANY of Rock Hill,New York,has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 1 Oth day of August 1998 FRONTIER INSURANCE COMPANY }Y+S row�r�e'.. SUL a� �r i t 1062 'k BY: ..........',,.,,.•^"�+ DAVID E.CAMPBELL,Vice President STATE OF NEW YORK) COUNTY OF SULLIVAN) ss: On this 10th day of August 1998 before me, N. Ortiz, Notary Public, personally appeared David E.Campbell of FRONTIER INSURANCE COMPANY,personally known to me to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid, and that the seal affixed to the preceding Instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officerwers duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company, referred to in the preceding Instrument,is now in force. 311 V'CStiflt0tty WljerCa f,I have hereunto set my hand,and affixed my official seal at La Jolla,California,the day and year above written. PC 09M rcoollork im W �= Signature of Notary Public CERTIFICATION Corporation Acknowledgement 1,JOSEPH P.LOUGHLIN,Secretary of FRONTIER INSURANCE COMPANY of Rock Hill,New York,do hereby certify that the foregoing Reso- lution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. ail %DltrtCSS %Jf)CrCof I have hereunto set my hand and affixed the facsimile seal of the co ration this 20th day of June 20 00 �;►�* a~ VAL ISO t 4 M t JOSEPH P.LOUGHLIN,Secretary FM 19.5002-e(112000) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 4 "State of California OPTIONAL SECTION County of Contra Costa CAPACITY CLAIMED BY SIGNER on b 20 f O(t ,before me, M'A• Atwater Notary Public Though statute does not require the Notary to tilt VAI E NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC~ in the data below,doing so may prove Invaluable to persons retying on the document appeared Mark �TpmU k ins NAME(S)OF SIGNERS) ❑ INDIVIDUAL tJ personally known to the-OR,-fd provided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/sl,e/they executed O PARTNER(S) 0 LIMITED M.A AIW ATIR (he same in his/her/their authorized 0 GENERAL Commhoon Ii 1113433 capacity(ies),and that by his/her/their O ATTORNEY-IN-FACT _� � signalure(s)on the instrument(he person(s)or ❑ TRUSTEE(S) Notay the entity upon behalf of which the person(s) ❑ GUARDIAN/CONSERVATOR tonttti Coft Cexx* f acted,executed the instrument. ❑ OTHER, My Comm.Bon Oct tQ 2MO WITNESS my hand and official seat, SIGNER IS REPRESENTING, i J (NAME OF PERSON(S)OR ENTrrY(iES)l SIGNA7 UR OF NOTA Y 0 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors" OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO TI IF,DOCUMENT AT RIGHT. Number of Pages Though(he adjacent data is not required by law,it may prove valuable Date of Document to persons retying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INS° UCT10N8 TO NOTARY The fullowing informaition is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. ?l LL SIQN!Alt�=-The name and interest of the signer should be typed or printed BENYATH the signature. The name must a signed exactly els it is typed or printed. 11. SIGNATURES p09-i1 D1VJ DQALS-The name must.be signed exactly as it is printed or typed. The signer's interest in the property mush stated. 111, S1Gl�lATURgS1�PRPARJNER Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bindthe partnership. 1V. SIS GNAT! QRATIOjj§ ocurnents s iould be signed by two officers,one from each of the following two groups: - GROUP I. �'b� Tlie Chair of the Board The President cAny Vice-President GROUP 2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two,groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing die instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will Suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..arid acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JrAw Ito+.May 3,1999 THF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 18, 2000 by the following vote: AYES: SUPERVISORS UILKEMA, DESAULNII RR, CANCIAMILLA AND GERBER NOES: NONE ABSENT: SUPERVISOR GIOIA ABSTAIN: NONE RESOLUTION NO.: 2000134 SUBJECT: Approval of the Parcel Map for Subdivision MS960015, Ksaightsen area. The following document was presented for Board approval this date: The Parcel Map of Subdivision MS960015,property located in the Knightsen area, said map having been certified by the proper officials; Said documents were accompanied by: I. 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 19992000 tax lien has been paid in full and that the 20002001 tax lien,which became a lien on the first day of January, 2000, is estimated to be $4,000.00: II. Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code, in the form of a surety bond, No. 502650, issued by Financial Pacific Insurance Company with Jeffrey Ghidossi as principal, in the amount of $4,000.00 guaranteeing the payment of the estimated tax; NOW THEREFORE BE IT RESOLVED 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; BE IT FURTHER RESOLVED 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. I hereby certify that this is a true and correct copy of an action taken and entered on JD:kw the minutes of the Board of Supervisors on the date shown. \\PWS4\SHARDATA\GrpData\EngSvc\BO\2000\BO 7-18-OO.doc June 13,2000 Originator:Public Works(ES) ATTESTED: RU 18 2000 Contact: Teri Rie(313-2363) PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator cc: Public Works o Engineering Services Current Planning,Community Development By Deputy Jeffrey Ghidossi 111 Cortona Dr.,San Ramon,CA 94583 Financial Pacific Insurance Company P.O.Box 292220,Sacramento,CA 95829-2220 RESOLUTION No. : 2000/346 Tax Collector's Office William J.Poilacek 625 Court Street Contra County Treasurer-Tax Collector l=inarice Building,Room 100 P.0.Box 631f� Joseph L.Martinez Martinez,California 94553- Costa assistant Tax Collector 0063 (925)W4122 County Joslyn Mitchell (925)646-4135 FAX "11 Tax Operations Supervisor '"" E V L' D Faft MAY 3 0 2000 vy PUBLIC WORKS DEPT, Date: 5/22/00 IF THIS TRACT IS NOT FILED PRIOR TO THE GATE 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. 96-15 KNIGHTSEN 72002 Parcel#: 015-090-045-4 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 1999-2000 tax lien has been paid in full. Our estimate of the 2000-2001 tax lien, which became a lien on the first day of January, 2000 is $4,000.00 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. WLLI J. POLLACEK, Trea ur r-T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of gt i3A COSTA k° ' On 62 r DATEr, NAME,TITLE OF OFFIICE.R�-B�.d. JA DO�,NOTARY.FZ78UC:` personally appeared NAME(S)OF SIONER(S) 13 Personally known to me-'OR- Q Proved to me on the basis of satisfactory evidenCo toy be e' person(s) whose name(s) is/are subscribed to',iho+.ry �4rt s•< ' t instrument and acknowledged to me that he/slse/they"exc ut the same in his/her/their authorized capscity(ios,i:and tFiat� A A,a.v.Y•kd^'Y + r ANNEI.IE _. DOUG SSI his/her/their signature(s) on the instrument the parsoa(�s�,��or COMM. 1147370 � the entity upon behalf of which the persons) acted,oxecutod ,P. NOTARY PUBLIC-CALIFt}iiNllr the instrument. CONTRA COSTA COUNTY .+ My Comm.Explros July 19,12 WITNESS my hand and official s 1. SIGNATURE OF NOTARY. SUBDIVISION TAX BUND EXECUTED PURSUANT TO REQUIREMENT FOR SECURITY UNDER THE BOND # 502650 CALIFORNIA LAW RELATING TO SUBDIVISIONS PREMIUM: $300.00 Know All Men by These Presents: That we, Jeffrey Ghidossi, a married man, as his sole and separate property, as principal, and FTNANCTAL 'PACIFIC: INSURANCE COMPANY , a corporation, duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto the County of Contra Costa in the sum of Four Thousand Dollars and no/100 ($4,000.00) lawful money of the United States of America, for the payment whereof well and truly to be made, we bind ourselves, our heirs, executor, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS, The owner (s) of a division of land representing a certain subdivision of real estate, to wit: Subdivision Map No.96-15,intend(s)to file a map thereof with the Recorder of Contra Costa County;and WHEREAS, There are no liens against the subdivision or any part thereof for unpaid state, county, municipal or other local taxes or assessments collected as taxes except taxes or assessment not yet payable;and WHEREAS, The provisions of the Government Code of the State of California require that this bond be filed with the Clerk of the Board of Supervisors of Contra Costa County prior to recordation of the tract/parcel map; NOW, THERFORE, If the above-bounden principal shall pay when due all taxes and assessments,which at the time of filing said map, are a lien against the subdivision, or any part thereof, but not yet payable then this obligation shall be null and void;otherwise to remain in full force and effect. The obligation of the surety hereunder shall arise immediately upon the failure of the above-bounden principal to pay when due to the County of Contra Costa the aforesaid taxes and assessments and shall remain in full force and effect until said taxes and assessments, including any supplemental assessments, are paid in full including any penalties incurred. In respect to such obligation the surety waives the benefit of the provisions of Section 2845 of the Civil Code of California. If legal action is required to recover under this bond,the protection afforded by it shall cover the payment of reasonable attorney fees. Signed and sealed this bond,the protection afforded by it shall cover the payment of reasonable attorney fees. Signed and sealed this 2nd day of MAY _'20 00 BOND NUMBER 5(32650 Jeffrev Ghidossi Principal w By (4- This This must be acknowledged before a Notary Public Ti Address Telephone No. FINANCIAL PACIFIC INSURANCE COMPANY DATE: _1L. � ' Surety $OND REVIEWED,AND APPROVED P.O. BOX 292220, SACRAMENTO, CA 95529-2220 CONTRA COSTA COUNTY TEAL LECTOR A ss of Surety --- , BY: B f tcc s Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of CONTRA COSTA On 5/2/2000 before me, SANDRA M. GIFFORD DATE ' NAME,TITLE OF OFFICER-E.G.JANE DOE,NOTARY PUBLIC personally appeared ANNELIE I. DOUGLASS NAME(S)OF SIGNER(S) XEkPersonally known to me- OR- 0 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instniment and acknowledged to me that he/she/they executed the same in his/her/their authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or L SANDRA M. GIF ---- the entity upon behalf of which the person(s) acted, executed COMM 1204688 the instrument. NOTAWRY PUBLIC-C&F MIIA CONTRA COSTA COL*M MyCwm, Dec.13,200 WITNESS my hand and official seal. SIGNATURE OF NOTARY a 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 d CORPORATE TITLE(S) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED ❑ GENERAL %ZI ATTORNEY-IN-FACT p TRUSTEE(S) 0 GUARDIAN/CONSERVATOR [1 OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(IES) FINANCIAL. PACIFIC INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE •A , LIMITS D POWER F ATS` RNE .financial Pacific Insurance Company BOND NUMBER 502650 POWER NUMBER 502650 PRINCIPAL JEFFREY GRIDOSSI PENAL SUM 4.,000.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation {the "Company"), does hereby make, constitute and appoint: Annelie 1, Douglass its true and lawful Attomevs-in-Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds,undertakings, recognizances or other written obligations in the nature thereof as follows. Notary Public, Bid, Performance, Payment, Licenses or Court Bonds Up To $200,000.00 and to bind the Company thereby. This Power of Attorney is si ned and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific nsurance Company at the meeting duly held July b, 1995, which are now in full force and effect: RESOLVED,that the President or any Vice.President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on be of the Company, to execute and deliver anis affix the seal of the Company to bonds, undertakings, recognizances,and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed(if a seal be required) by one or more attomevs-in-fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,,that the signature of any authorized officer and the seal of the Company may be.affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 4th of June, 1997. _ti `oi INSU,d�''�% t, c s; ,o LY 2,? ; 4 Robert T. Kingsley, President JohADI Hollingshead, Secretary ' w A:'�2`ti STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 15th day of November, 1999, personally came before me Robert T.Kingsley and John R. Hollingshead, to ,tie known to be the individuals and officers of Financial Pacific Insurance Company,who executed the above instrument, and they have acknowledged the execution of the same,and being by me duly swom, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. 4 ANN SCHREMP V corner,.>l1 1131641 ?w• eaarusr piu1c-Wortrlu � sacrta County iL My Comm.Et0ims Mar.2'7.2001 r Ann Schremp, Notary Public CERTIFICATE ? the undersigned Secretary of Financial Pacific Insurance Company a California corporation DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the B and of Directors set forth,and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento, this 2nd day of MAY 2000 John Hollingshea , Secretary Financial Pacific Insurance Company seal must be affixed � Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 18, 2000 by the following vote: AYES: SUPERVISORS- UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: SUPERVISOR GIOIA ABSTAIN: NONE RESOLUTION NO,: SUBJECT: Approving Quitclaim Deed. The Public Works Director having reported that on November 28, 1995,the Board accepted a Grant Deed of Development Rights from the Rhind Revocable Trust, created November 16, 1994 (owner), as a requirement for Subdivision Number MS 22-93. On the recommendation of the Public Works Director, IT IS BY THE BOARD ORDERED that the Chairperson is AUTHORIZED to execute the following "Quitclaim Deed" of the development rights to "Brian Fleury and Claudia Fleury, husband and wife." Being a portion of Parcels "A" and "B", as shown on the map of Subdivision MS 22-93, recorded in Book 168 of Maps at page 32, Contra Costa County Records. 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. \\PWS4\SHARDATA\GrpDato\EngSvc\BO\2000\Ba7-18-00.doc, JULY 18, 2000 ATTESTED: Originator:Public Works(ES) PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Contact: Rich Lierly(313-2348) cc: Recorder(via Clerk of the Board),then Records By ln=a4 Deputy Current Planning,Community Development Brian and Claudia Fleury 1750 Alameda Diablo,Diablo,CA 94528 RESOLUTION NO. : 2000/347 dv, Recorded at the request of: contra Costa County IIII III III I III II II ILII I IIII IIII I III I IIII 111111111 Public Works Department Engineering Services Division Return to: CONTRA COSTA Co Recorder Office Public Works Department STEPHEN L. WEIR Clerk-Recorder Records Section DOC— 200b-0181377-00 Area:Diablo Check Number 3200 PermAPN:1c 5-191- 56 W� AUG 23, 2000 1'3:10:36 AI'N:193-191-017 and 195-191401$ MSC $1.00 MGD j3.00 NEC $7.00 TCP $2.00 T!1 Pd $13.00 Nbr-0000082094 !re/R9/1-3 QUITCLAIM DEED OF DEVELOPMENT RIGHTS For valuable consideration, receipt of which is hereby acknowledged, County of Contra Costa, a political subdivision of the State of California, hereby remises, releases and forever quitclaims to Brian Fleury & Claudia Fleury,husband and wife, all rights,title and interest in the real property; specifically"Development Rights" as defined in the deed to the County of Contra Costa.,recorded February 13, 1996, Official Records Series number 96-26207, Contra Costa County Records, State of California; over those certain parcels of land, situated in Contra Costa County, being a portion of Parcels "A" and"B"designated as"Restricted Development Area,"as shown on the parcel map, of Subdivision MS22-93 filed February 13, 1996, in Book 168 of Maps, Page 32, Contra Costa County Records, State of California. No transfer tax due; this is a quitclaim of development rights only. County of Contra Costa, State of California By: /- Chair, Board f pervisors (See attached notary) Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: JH:kms 0:\GrpData\EngSvc\Jorge\2000VutteIM2056QD.doe Dated JULY 18, 2000 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On JULY 18, 2000 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Admi ttyqor0%trt t County, personally appeared who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) Ware subscribed to the within instrument and acknowledged to me that helshe they executed the some in hisfierlthe'v authorized capacity(ies), and that by histheri- their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. By Deputy Clerk Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 18, 2000 by the following vote: AYES: SUPERVISORS UILKEMA, DESAULNIER;, CANCIAMILLA AND GERBER NOES: NONE ABSENT: SUPERVISOR GIOIA ABSTAIN: NONE SUBJECT: Approving Deferred Improvement Agreement along Hoffman Lane for MS 45-83, (APN 011-050-016, 017, 018 and 019), Byron area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with John J. Zoria,John A. Papini&Antonia M. Zoria, as required by the Conditions of Approval for Subdivision MS 45-83. This agreement would permit the deferment of construction of permanent improvements along Hoffman Lane which is located in the Byron area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. 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. ATTESTED:__ JULY 18, 2000 �7:1GrpData\EngSVC\Bt7\20{)a1B0()7-1$-Qd.doC JC:kw PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator godhlOriginator: Public Works(ES) By i ---I FDeputy Contact: Rich Lierly(313-2348) cc: Recorder(via Clerk)then PW Records Current Planning,Community Development John J Zoria,John A.Papini and Antonia M.Zoria 234 N.Capitol,San Jose,CA 95127 vly -CO Recorded at the request of. Contra Costa County CONTRA COSTA Co Recorder Office Public Works Department STEM L. UEIR Clerk-Recorder Engineering Services Division Return to* DCC— 2000-0153114-00 Public works Department Cheek Number Engineering Services Division T JUL 20 � , 2000 11:'30 i 10 Records Section FRE ;e,00 Area: Byron 7t 1 Pd $0,00 Nbr-0000048488 Road: Hoffman Lane Co.Road No: 8543 l eoCPlliC l=8 Project: MS 45-83 APNt 011-050-016,017,018&019 FE3RE_�PROVEMENT AGREEMENT (Project: MS 45-83) THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRAC MSTA COLTNIY Q V Ft: (See note below) _Ilvildui VV Public Works Director ohn J.Zona R E!QQMMMET)FOR APPROVAL: By: . c 7 --£r(gineeri g Services Division Jahn A. Papini tlignat Antonia M. Zoria EMAPPROVED: Victor J. Westman, County Counsel (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313) (see attached notary) I PARTIES. Effective on Ahe County of Contra Costa,hereinafter referred to as"County"and John,Antonia Zona and John A.Papinl hereinafter referred to as"Owner"mutually agree and pronvse as follows: 2. PMOSE. Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. ,SC F'mENT B2MING ON SUCCESCoRS its maZUST, This agreement is an instrument affecting the title or possession of the real property described in Exhibit"A." All the temus,covenants and conditions herein imposed are for the benefit of County and the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the benefit of the land described in Exhibit"A" and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A",the terms of this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city,Owner, or those who succeed him as owner of the property described in Exhibit"A,"shall fulfill all the terms of this agreement upon demand by such city as though Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. ' Ar MS 45-83 (Hoffman Lane) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A,B, C and D as shown on the parcel map of Minor Subdivision 45-83, on file at the County Recorder's Office as follows: Date: March 28, 1985 Book: 115 PM 18 RL:mw G:1Grpllata\EngSvc\PICH\24041February\MS 45-83 DIA Hofmann Lane.doc MS 45-83 (Hoffman Lane) E=IT "B" IMPRO`4'EMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Hoffman Lane for parcels A, B, C and D, described in Exhibit"A": 1. Approximately 1,557 square meters (16,755square feet) of road construction. Construct a half width 20-foot paved roadway on Koffman Lane.The edge of pavement shall be located 10-feet from the right of way line. 2. Necessary longitudinal and transverse drainage. 3. Temporary conforms for paving and drainage as may be necessary at the time of construction. 4. Submit improvement plans to the public Works Department,Engineering Services Division,for review;pay an inspection and plan review fee and applicable lighting fee. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Hoffman Lane is constructed to its ultimate planned width by the County or by an assessment district. It is the intent at this time that the "pro rata basis" of costs, as specified in Item 4B of the agreement,shall mean that the owners of each parcel shall pay %4(25%)of the costs. RL:niw G:\UrpData\EngSvc\RICH\?OOO\February\MS 45-83 DIA Ho6nann lmcdoc -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _CALIFORNIA County of SANTA CLARA - LIDS I1fffM ,Notary public On M a,6 f to before me,..� pia Nartra and Trite of Officer{a.g.,'.tent Doo.Notary Pubilo"} Hyl personally appeared - •' rt Na�,a{a)of slgr{a} ❑personally known to me–OR–+roved 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), LUIS FEkREIRA a or the entity upon behalf of which the person(s) acted, �► COMM.PUNIX-�736 a executed the instrument. 1 SAWACLAMCOUWY Cemmxpaa.DEC, 5, `ON WITNESS my.hand and official seal. � r ,i it"of Notary Public {y t OPTIONAL Though the Information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Bate: .�2-~ *",c � Number of Pages: Signer(s) Other Than Named Above: 4 ;.' Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Tltle(s): Ttle(s): Partner—❑ Limited ❑ General ❑ Partner--❑ Limited ❑ General ❑ Attorney-In-Fact ❑ Attomey-in•Fact f' ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ` ._ ❑ Guardian or Conservator WINM ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01 DDB Natlonal Notary Association+8238 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 01309.7184 Prod,No.8M7 Reorder.call Toll-Prra 1-WO.87"827 CALIFORNIA ALG-PURPOSE ACKNOWLEDGMENT � CALIFORNIA State Of - -- County of SANTA CLARA C�11� � Notary public On Mt�.�.. 7,��ca before me,._,.,� �... <1 [Bata Nam*and"RNs of Ofter(e.g.,"Jane Do*,Notary pt�stic") personally appeared __ Aw-rc»f tjM. ; Naime{a)of Signet(a) O personally known to me-OR-droved to me on the basis of satisfactory evidence to be the person(s) ) whose names) 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), LUIS irERREIRA ge, or the entity upon behalf of which the person(s) acted, ,.. COMM. 1244736 executed the instrument. K� SAWACUMCOLWY ,aye vvireeme e,200 WITNESS my hand and official seal. atur.of Notary Pubis OPTIONAL 'T'hough the information below Is not required by law,it may prove valuable to persons relying on the document and could prevent E # fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: -'f r Document Date: 21LI6,1 _ Number of Pages: Signer(s) Other Than Named Above: �TvH J t� " Capecity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: C Individual a Individual is 0 Corporate Officer ❑ Corporate Officer Title(s): Title(s): © Partner—I3 Limited 0 General 0 partner—C Limited 0 General d Attomey-in-Fact 0 Attorney-in-Pact 7 0 Trustee13 Trustee W. 511V0 Guardian or Conservator a . ® Guardian or Conservator ) Other: Top of thumb here 13 Other: Top of thumb here Signer is Representing: Signer Is Representing: i it +'fs 01999 Nationat Notary Association+9238 Rommet Ave.,P.O.Sox 7194•Canoga Park,CA 91309-7194 Penal.No.5947 Reorder.CDG Tod-Free 1.80087E-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of before me, ata Nara arrd Twe of Ctttir�r(e.g.,'Jar* ,Notary Public) personally appeared � l012 AJ /J . 1A, I , %ms(&)of Sirer(s) X personally known to me ® proved to me on the basis of satisfactory evidence to be the person>)' whose name,W isLa rr TON,.i.sAi't`LEIT subscribed to the within instrument and Cc>MMission# 12148d acknowledged to me that he/sheMzey executed rotary Punic-Collfornic the same in his/�$r/Jheir authorized Contra Canto County capacity(ioal, and that by his/hdfltheir- MYComrn, APr 2 Z)W signature*on the instrument the personal, or the entity upon behalf of which the person(( acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Stfature oTNotery Public i OPTIONAL Though the information below is not required by it may prove valuable to persons relying on the document end could prevent fraudulent removal and reattachment of this torr to another document. Description of Attache Document Title or Type of Document: ,f Document Date: .���4k 14 Number of Pages: Signer(s)Other Than Named Above: .�". AIZ19 Capacity(les)Claimed by Signer Signer's Naive: 0 Individual I 11 Corporate Officer--Title(s): Top of thumb here 13 Partner—r-1 Limited ❑General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other. ' Signer Is Representing: i ,I 01497 National Notary Association 4356 Ds sots Ave.,P.O.Bore 2402•Chatsworth,CA 81313-2402 Prod.No.5967 Roordar:Call Toll-Pros 1-800-87"827 Otri' Recorded at the request of: Conga Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 18, 2000 by the following vote: AYES: SUPERVISORS UILKEMA; DESAULNIER, OANCIAMILLA AND GERBER NOES: NONE ABSENT: SUPERVISOR GIOIA ABSTAIN: NONE RESOLUTION NO.: 2000/348 SUBJECT: Approving Quitclaim Deed. The Public Works Director having reported that on February 16, 1984, the Board accepted a Grant Deed of Development Rights from John J. Zoria, John A. Papini and Antonia M. Zoria (owners), as a requirement for Subdivision MS 45-83. On the recommendation of the Public Works Director, IT IS BY THE BOARD ORDERED that the Chairperson is AUTHORIZED to execute the following "Quitclaim Deed" of the development rights to "John J. Zoria, John A. Papini and Antonia M. Zoria." The document was prepared by the Public Works Department. Being all of Parcels"A,B, C and D"as shown on the parcel map of Subdivision MS 45-83, recorded in Book 115 of Parcel Maps at page 18, Contra Costa County Records. 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. JC.kw ATTESTED: JULY 18 2000 1\YWS4\SHARLtATA\crcpData\Eng5vc\BOL2000\130 07-18-Ob.doc PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Originator:Public Works(ES) Contact: Rich Lierly(313-2348) BY ,Deputy cc: Recorder(via clerk),then Records Current Planning,Community Development John J Zoria,John A.Papini and Antonia M.Zoria 234 N.Capitol,San Jose,CA 95127 RESOLUTION NO. : 2000/348 Recorded at the request of: Contra Costa County CONTRA COSTA Cc Recorder Office Englicineering works Services Department STEPHEN L WEIR Clerk-Recorder Engineering 5erviees Copra to: 00C— 200b-0199791-00 Contra Costa County Public Works Department Chock Number Engineering Services W, AUG 189, 2000 11:30:04 Attn:Rich Lierly MIC $1.00 MOD $4.00 REC $8.00 TCF $3.00 7t1 Fd $16.00 Nbr-0000088276 1rotR9l1-4 QUITCLAIM DEED APN: 011-050-016, Title Co.: Order No.: 017, 018, and 019 For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing under the laws of the State of California,CONTRA COSTA COUNTY FLOOD CONTROL AND WATER.CONSERVATION DISTRICT, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to John J. Zoria, John A. Papini and. Antonina M. Zoria the following described real property in the Byron area of unincorporated County of Contra Costa, State of California. For description see Exhibit"A" attached hereto and made a part hereof. Dated: July 18, 2000 Grantor: Contra Costa County Redevelopment Agency Contra Costa County Flood Control and Water Conservation District By 4L;:5:tJ Chair,Bo f Supervisors (See attached notary) ac:kw G:\GtpData\EngSvcUohn\2000\J=e\MS 45-83 QC.doc Rev.August 3,2000 b v Subdivision MS 45-83 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A, B, C and D as shown on the parcel map of Subdivision MS 45-83, on file at the County Recorder's Office as follows: Date: March 28, 1985 Book: 115 of Parcel Maps Page: _ 18 Series No.: 85-38221 JC:kw G:\GzppData\EngSvc'John\2000\June'AIS 45.83 ExhA.doc June 26,2000 Dated JULY 18, 2000 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On JULY 18, 2000 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Adrr' I t�o AntrEF a County, personally appeared who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namo(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the some 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. By: D¢outy Clerk Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 18, 2000 by the following vote: AYES: SUPERVISORS UILKEMA DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: SUPERVISOR GIOIA ABSTAIN: NONE RESOLUTION NO.: 2000/349 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY TIME BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR. AREA Grant Deed of LP992056 Brian Fleury and Diablo Development Rights Claudia Fleury, husband And wife, as joint tenants 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. :kw ATTESTED: JULY 18, 2000 G:1GrpDada EngSvc\BO\20001BO 7-18-oO.doc PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator Originator: Public Works(ES) Contact:Rich Lierly(313-2348) / BY ,Deputy cc: Recorder(via Clerk)then PW Records AV Current Planning,Community Development Brian and Claudia Fleury 1750 Alameda Diablo,Diablo,CA 94528 RESOLUTION NO. : 2000/349 iiiil�l!llfiil�I!!! C IIIIIIIIIIIIII{IIIlllliif CNTRA COSTA Co Record �l�i Recorded at the request of* STEPHEW L. NEjRContCosta Recorder Office Public Works�ounty Department DOCa■ 2006=00 5131 Engineering services Ch*ck Number +id ,r� Return to: T, JUL 20, 2000 11.30:13 Public Works Department PRE za.aa Records Section Tt 1 Pd $0.00 Nbr-0000048458 Area: Diablo Road: Alameda Diablo ireJRB/;—� Permit:LP992056 APN: 195-191-017&195-191-018 GRANT DEED OF DEVELOPMENT RIGHTS (Restricted Development Area-Creek Structure Setback) To meet condition of approval number 14 of Permit LP992056,Brian Fleury and Claudia Fleury, Husband and Wife,as Joint Tenants,(Owners)hereby grant to the County of Contra Costa, a political subdivision of the State of California (Grantee) and its governmental successor or successors, the future development rights, as defined herein below, over a portion of that real property known as Parcels"A"and`B' of Subdivision MS 2293, situated in the County of Centra Costa, State of California, and more particularly described in Exhibits"A" and"B" Development rights are defined to mean and refer to the right to disapprove of any proposed construction, development or improvement within the areas marked"restricted development area," The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or successor, said proposed construction shall not be performed. Grantee or successor may condition approval of any proposed construction upon prior or subsequent performance of such conditions, as Grantee may deem appropriate. The undersigned executed this instrument on Brian Fleury and Claudia Fleury, Husband and Wife,as Joint Tenants si " n le , Owner f (sigwu tfft dla Fleury, Owner(See attached notary) 7AH:kw G:tGmData\EnsSvc\Jo*204UUunet2056WDE.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION Coun of CAPACITY CLAIMED BY SIGNER before me, t Though statute does not require the Notary to fill Olk ANA ,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" � in the data below,doing so may prove invaluable to persons relying on the document. personally appeared N S)OF SIGNER(S) ❑ INDIVIDUAL ❑ personally known to me-ORprovided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICERS) be the person(s)whose name(s)is/are TITI.E(S) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED MARY$,BApl API the same in his/her/their authorized ❑ GENERAL .'+ capacity(ies),and that by his/her/their COM1M.*1241837 ❑ ATTORNEY-IN-FACTNOTARY PUBLIC-CALIFORNIA ature(s)on the instrument the person(s)or :3TRUSTEE(S) CONTRA COSTA COUNTY the tity upon behalf of which the persons acte ,execut the instrument. ) ❑ GUARDIAN/CONSERVATOR coast.ExP.F'EIL I I,=" j 0 OTHER. V1' S y bareffloial seal, SIGNER IS REPRESENTING: - (6 ' (NAME OF PERSON(S)OR ENTITY(IES)) [IGNATUR5M N Y OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents, Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR 4LL SIGNAILISES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SlQNATURES FOIL INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNAE=S FOR PART UHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for an in epartnership. IV. 5IGNAD=S_FOR CORP ORATION5 Documents shoulde signs by two officers,one from each of the following two groups: GROUP 1. (a}The Chair of the Board ({b)}The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary The Chief Financial Officer cr The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board ing of Directors authorizing the person signthe instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JQMW Bev.May 3,1999 -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 w State of r County of AS I On Q1 � 00 before me, M � DATE NAME,TITLE OF OFFICER-E.G.,`JANE DOE.NOTARY PUBLIC- pL ersonally appearedIINA- F1,FJ k:1 5 NAM S)OF SIGNER(S) C personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ams- subscribed to the within instrument and ac- knowledged to me that+e/she/they-executed the same in -hi•s/her/thew+f- authorized capacity(ies), and that by,.hWher/t# signature(s) on the instrument theperson(s), t ' MA s,SAPI j or the entity upon behalf of which the NOTARY PUBLIC-CALIFORNIA A y p coNTl�AccraTAcouNTY 0 person(s) acted, executed the instrument. CCSI+tM.EXP.FBS,it,2001 ^ p ( ) JWIE and and official seal. t SIGN RE OF NOTARY LI OPT I 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 El INDIVIDUAL ❑ CORPORATE OFFICER + ,(4 (igtnTIT TITLES) LE OR TYPE OF DOCLIeN ❑ PARTNER(S) ❑ LIMITED t�77 ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) lei SIGNER(S)OTHER THAN NAMED ABOVE R P-10 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P,O.Sox 7184-Canoga Park,GA 91309-7184 G�` June 27, 2000 Job No. 93109 Land Use Permit: 2056-99 EXHIBIT' 'A' 'LEGAL DESCRIPTION "'RESTRICTED DEVELOPMEIVI' AREA- CREEK STRUCTURE SETBACK" All that real property situate in an unincorporated area of the County of Contra Costa, State of California, described as follows: Being a portion of Lots 119, 122 and 123 as shown on the map entitled "Mount Diablo Estate Park Subdivision, First Unit" filed May 6, 1916, in Volume 15 of Maps at Page 301, Contra Costa County Records, more particularly described as follows: Being a portion of Parcels 'A' and 'B' as shown on that certain Map recorded February 13, 1996, in Book 168 of Parcel Maps at Page 32, Contra Costa County Records, further described as follows: Commencing at the point of intersection the westerly line of said Lot 119 with the centerline of Alameda Diablo; thence leaving said Point of Commencement along said westerly line of Lot 119, South 13°59'03" West, 65.266 meters to the True Point of Beginning; thence leaving said True Point of Beginning and said westerly line of Lot 119, at right angles. South 76°00'57" East, 25.331 meters; thence North 47°20'00" East, 13.813 meters; thence North 831123'00" East, 17.574 meters; thence South 76°00'57" East, 30.631 meters; thence South 13059'03" West, 46.690 meters; thence along a curve to the left, having a radius of 1.82.871 meters, the center of which bears South 24006'35" West, through a central angle of 25017'46" for an arc length of 80.738 meters to a point on said westerly line of Lot 119; thence along said westerly line North 13059'03" East, 32.496 meters to said Point of Beginning. O� ESS%(j !`� 14. No. 22 ao CIM. '� OF Ck� a`�f-' ptPJT ALAMEDA. DIABLO I PARCEL A PAROL B Tule Po rr-' oFt f f, ; BE61NA)IM6 Vp 2S% 331m ` RESTRICTED DEVELOPMENT ARRA t I co �� 00,7!a� ABLO ROAD F. No22485 OF W.W ► / EXHIBIT "B" DeBolt Civil Engineering it7-00 PLAT TO ACCOMPANY Dsit Son Raw Valley buitr�ro J ..(000 LEGAL DESCRIPTION anrillt; Gllfwnts 940 ft 97 0 / 837-VOC � TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: M. SHIU, CHIEF ENGINEER DATE: July 18, 2000 SUBJECT: Annexation of a portion of the Walnut Creek Channel into the City of Pleasant Hill, Pleasant Hill Area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action AUTHORIZE the Chief Engineer to sign a letter on behalf of the Flood Control District indicating no opposition to the proposed annexation of a portion of the District's Walnut Creek Channel to the City of Pleasant Hill. II. Financial Impact: Annexation of a portion of this facility to the City of Pleasant Hill will have no financial impact on the District. { Continued on Attachment: X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 18, 2000 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS J� copy of an action taken and entered on the minutes of X UNANIMOUS(ABSENT_. ) the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: G.\GrpDatolndQ]ViBministra6on\Board Oraml3OW BO\baord order mst.dac JULY 18, 2000 Orig.Div: Public Works Flood Control ATTESTED: Contact. ff.Eckerson( 13271) CAO PHIL BATCHELOR, Clerk of the Board el P ti g of Supervisors and County Administrator By ,Deputy SUBJECT: Annexation of a portion of the Walnut Creek Channel into the City of Pleasant Hill, Pleasant Hill Area. DATE: July 18,2000 PAGE: 2 111. Reasons for Recommendations and Backimoun The Pleasant Hill Planning Commission and City Council recently approved applications for a residential development project located at the terminus of Lisa Lane south of Monument Boulevard and west of the Walnut Creek Flood Control Channel. The proposed development consists of 32 co-housing units,which is a new form of residential development,whereby owners have separate dwelling units, but may also participate in group activities, such as meal preparation. During the latter stages of project review it was discovered that the easterly portion of the site does not lie within the incorporated city limits of Pleasant Hill,but lies within Concord. The westerly boundary of the co-housing site is the Walnut Creek Flood Control channel, which was channelized by the Contra Costa County Flood Control District in the 1960's. The historic Walnut Creek channel formed the original boundary between Pleasant Hill and Concord. Improvements to the channel moved the creek bed to the east, enlarging the parcel where the co-housing project is proposed;however,no action was taken at the time to adjust boundaries between the two communities. The proposed co-housing project cannot be implemented urtil their entire site lies in one jurisdiction. The Contra Costa County Local Agency Formation Commission (LAFCO) is the appropriate jurisdiction to adjust city boundaries. Therefore,a reorganization of boundaries needs to be undertaken pursuant to the Knox- Cortese Act. The reorganization would involve a detachment of the territory from the City of Concord and simultaneous annexation to the City of Pleasant Hill and Pleasant Hill Recreation and Parks District. Implementation of the proposed reorganization would re-establish Walnut Creek as the boundary between Pleasant Hill and Concord. The environmental impacts of the proposed reorganization have been addressed in a recirculated Initial Study/Mitigated Negative Declaration for the co-housing project and certified by the Pleasant Hill City Council. The City of Concord has approved a resolution consenting to the de-annexation from their jurisdiction and the City of Pleasant Hill has adopted a resolution requesting LAFCO initiate the appropriate action. Since this annexation involves a portion of the District's Walnut Creek Channel,the City of Pleasant Hill is requesting a letter from the District consenting to the proposed action. District staff recommends the Board authorize the Chief Engineer to submit a letter to the City of Pleasant Hill consenting to the proposed annexation since it will have no adverse impact on our facility, Assuming LAFCO approval,the reorganization would become effective upon recordation by the State Board of Equalization. IV. Consequences of Negative Action: Without the District's consent, LAFCO cannot proceed with the proposed annexation and the co-housing project cannot be implemented.