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HomeMy WebLinkAboutMINUTES - 05252004 - C8-C10 Recorded at the request of.- Contra f:Contra Costa.County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 25, 2004 by the following vote: AYES: SUPERVISORS GIOIA, U.ILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ��nnwws� RESOLUTION NO. 2004/ 2M SUBJECT: Acceptance of Offer of Dedication for Landscape Easement,for Subdivision 8134,being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty galley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication Subdivision 8134 Shapell Industries of San Ramon III For Landscape Easement API: 222-140-041 Northern California, (Dougherty a Division of Valley) Shapell Industries, Inc., a Delaware Corp. I hereby certify that this is a true and correct copy of an SG:rm action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\BO\2004\05-25-04\SUB&134 B0-30.doc Supervisors on the date shown. Originretor: Public',APorks(BS) contact: Teri Rie(313-2363) Recording to be completed by COB cc: Current Planning,Commurity Development Department Shapell:ndustneso:Nor*ffieznCatifonia ATTESTED: MAY 25, 2004 100 N.Milpitas Blvd. t Milpitas,CA 95035 JOHN SWEETEN, Clerk of the Board of Supervisors and At-:Sam Worden&Ern Gold County Administrator By Deputy RESOLUTION NO.2004/. 270 Illi i!I III I III it!II!!I l liil l ll!Ilil l 11#! Recorded at the request of. CONTRA COSTA�( i III!!I!I STEPHEN L, UEIR,PClerk Recorder Contra Costa County t���u�worms Department Return to: [)0 �- 2004--0201`�83�-00 �'ubtic Works Department Ty, j Records Section FRE $0 r0®MAY 27 2004 10:43:01 Area: San Ramon(Dougherty Valley) Tt I Pd $6,00 Nbr-0001156375 Road: Heatherland Drive Development: SUB 8134 APN: 222-140-041 OFFER OF DEDICATION - LANDSCAPE EASEMENT 1,Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corti., the undersigned, being the present title owner of record of the herein described parcel of land, do hereby snake an irrevocable offer of dedication to the public and to CONTRA COSTA COUNTY and its successors or assigns, an easement for landscape purposes, including installation and maintenance of landscape improvements, over the real property situated in the County of Contra Costa, State of California,described as Parcel "A" as shown on"Subdivision 8134,Summit Bridge at Gale Ranch"as filed on the 23rd day of June, 1999 in Book 411 of Maps at Pages 36-46 inclusive, Contra Costa County Records. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing body of its successors or assigns. In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed,the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs,successors,assigns,and personal representatives of the respective parties hereto. The undersigned have executed this instrument on (5tgs.acure) _ (P12l:C'lttiC T ICJ T / r, AJ`SL,s V.Ps (SIgiYBSLLSC) ark Wes vph _ (see attached notary) Asst. s e o t;.y XPW GAGrpData\EngSvc\Forms\0F waRDOF-a.aoc Rev.September 8,2003 S'� . ✓l'/vN ✓. .i✓V'\ ._ .,�.:✓'✓�/�.-f �� ,.i�/�h .. T../�_ .''��n�W✓�,.,n�NJ\N l'.i _✓JJ/'�,/ S S< %r SS ?< S CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT s� State of California , zCounty of Santa Clara On September 10,2003,before me, Janice T. Kruse,Notary Public personally appeared z J.C. Truebridge known to ane to be the person whose name is subscribed to the within. ;5 instrument and acknowledged to me that he executed the same in his authorized capacity, 5 z and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. >> Dict YKM >> comm1won c#C�ctn a WITNESS my hand anal official seal. 'S S4 Signature of Notary Public � Zr Optional Information .f yTitle or Type of Document: Offer of Dedication—Landscape Easement, Tract 8134, Parcel "A" z? sz Capacity Claimed by Suer: Assistant Vice President of Shapell Industries,Inc. �1 - Il >r z� �S IS !Z . _ .,. . � ..i, i_� ✓' Mme- l ' � i_✓ ��:� �/� ✓�'�.//.i ✓ Z% »;> -�,�M�.�:�n✓>. .v,},^�.�.-.nr.:v.,�;w �..ni,n .�, -✓�, ,-..✓ .w �,✓ -✓�nn�,�.�J✓v i�ti w•✓,.rww-.�✓v��r✓v.,rw�i.r..�iv �� lr 5 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT ?` s State of California �< County of Santa Mara. � ?` On September 20, 2003, before me,Janice T. Kruse, Notary Public personally appeared I? Mark Westphal known to me to be the person whose name is subscribed to the within �> { instrument and acknowledged to me that he executed the sane in his authorized capacity, z and that by his signature on the instrument the person, or the entity upon behalf of which �{ the person acted, executed the instrument. s� > JM CE T.KRUSE Comminton# 131 W7 " ?� z<, Not�sry cc mio WITNESS my hand and official seal. �. iur4a Ciao C"jniy \ Signature of Notary Public 1 s Optional Information. 1, r 5 Title or Type of Document: Offer of Dedication—Land Cape Easement Tract 8134 Parcel "A" s� S �> Capacity Claimed by Signer: Assistant Secretary of Shapell Industries,Inc. � >; 1 z s` n 11 ii j'. it Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted.this Resolution on May 25, 2004 by the following vote: AYES: SUPERVIOSRS GIOIA, t ILKEMA, GREENBERG, DESA) VIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 271 SUBJECT: Acceptance of Offer of Dedication for Access and Public Utilities Easement, for Subdivision 8306, being developed by Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: I STRUM EINT REFERENCE GRA'N'TOR AREA. DISTRICT Offer of Dedication Subdivision 8306 Shapell Industries Inc,, San Ramon III For Access and Public APN: 222-270-001 a Delaware Corp. (Dougherty Utilities Easement Valley) I hereby certify that this is a true and correct copy of an SV:rm action taken and entered on the minutes of the Board of G.\GrpDateEngSvc\130\2004\05-25-04\SUB 8306 BO-30-2.doc Supervisors on the date shown. Originator: Public Works(ES) Contact: Teri lkie(313-2-3-6311 Recording to be completed by COB ce: Current Planning,Community Development Deparft nt Shapell Industries ofNort,ernCaNforrla ATTESTED: � (j(�(} IOC}N.Milpitas Blvd. Milpitas,CA 950JOHN SWEETEN, Clerk of the Board of Supervisors d A=Sam Worden County Administrator By , Deputy RESOLUTION NO.2004/ 271 Recorded at {°f: IIIIIIIIlili111�i1�11111111 Engineering Services Division Re rn to: CONTRA COSTA Co Recorder Office� Public Works Deparurient STENER WEIR' Clerk•Recorder Records Section DOC. 2@04-0261784-00 Area: San Ramon(Dougherty Valley) Thur*CI&Y,,+�MAY 27, 2004 10:44;03 Road: Dougherty Road FRS $0.00 Nor- 02156E Co.Road No.: 5701 TtlrrclR9rl�c Development No.: Subdivision 8306 APP: 222-270-001 OFFER OF DEDICATION - ACCESS AND PUBLIC UTILITIES EASEMENT Shapell Industries,Inc.,a Delaware Corp.,the undersigned,being the present tine owner of record of the herein described parcel of land,do hereby mare an irrevocable offer of dedication to the public and to CONTRA COSTA COUNWY and its successors or assigns, an easement for public use for access and public utility purposes, including construction, access or maintenance of works, improvements and structures and the clearing of obstructions and vegetation, over the real property situated in the County of Contra Costa, State of California, described. in Exhibit "A" (written description)and shown on.Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUTINI 'Y and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing body of its successors or assigns. In the event CON17RA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed,the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs,successors,assigns,and personal representatives of the respective parties hereto. The undersigned executed this instrument on t mss✓ �, __ (Date). B : e, �W� B (5igsmcure? ,yJp, yJ (See attached notary) :mw GAGrpDatalEngSvc\Forms\0F WC RMOF-7.coc Rev.March It,2004 EXHIBIT"A" SUBDIVISION 7984 w UNSURVEYED REMAINDER DESCRIPTION ACCESS EASEMENT TO CONTRA COSTA COUNTY REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS. "UNSURVEYED REMAINDER"OF -SUBDIVISION 7984, MONARCH AT GALE RANCH"AS FILED ON THE 28lh DAY OF OCTOBER,2002 IN BOOK 448 OF MADS,AT PANE 29,CONTRA COSTA COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHERN CORNER OF LOT 20 AS SHOWN ON THE MAF' ENTITLED "`SUBDIVISION 7976, WINDEMERE- FILED IN THE.OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY ON NOVEMBER 16, 2001 IN BOOK 436 OF MAPS,AT PAGE 29, (THE WESTERN LINE OF SAID LOT BEING NORTH 35°31'16'°WEST FOR THE PURPOSES OF THIS DESCRIPTION) SAID POINT OF COMMENCEMENT BEING ALSO ON THE WESTERN LINE OF BOLLINGER CANYON ROAD AS SHOWN ON SAID SUBDIVISION 7976; THENCE ON A DIRECT TIE, SOUTH 701,52'39" WEST, 1526.15 FEET TO THE NORTHERN TERMINUS OF THE COURSE"S.7-36'W., 117.54"ON THE EASTERN LIN E OF DOUGHERTY ROAD AS DESCRIBED IN THE DEED RECORDED FEBRUARY 6, 1936 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY IN BOOK 408 OF OFFICIAL RECORDS,AT PAGE 128;THENCE ALONG SAID EASTERN LINE,SOUTH 08°25'25-WEST(USED FOR THE PURPOSE OF THIS DESCRIPTION),117.54 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 1175.00 FEET AND A CENTRAL AN GLE OF 09°21'45";THENCE CONTINUING ALONG SAID EASTERN LINE AND ALONG SAID CURVE AN ARC LENGTH OF 192.00 FEET TO THE POINT OF BEGINNING; THENCE.LEAVING SAID EASTERN LINE, NORT H 89.0340"EAST,45.00 FEET TO A NON-TANGENT CURVE TO THE.LEFT, HAVING A RADIUS OF 1130.00 FEET, A RADIAL WHICH BEARS SOUTH 89°03'40"WEST AND A CENTRAL ANGLE OF 05158'15"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 117.76 FEET; THENCE SOUTH 06154'35" EAST, 229.77 FEE-f;THENCE AT RIGHT ANGLES,SOUTH 83-0525-WEST,45.00 FEET TO THE SAID EASTERN LINE OF DOUGHERTY ROAD;THENCE ALONG SAID EASTERN LINE NORTH 06°54'35"WEST,229.77 FEET TO A CURVE TO THE RIGHT HAVING, A RADIUS OF 1175.00 FEET AND A CENTRAL ANGLE:OF 05058'15";THENCE CONTINUING ALONG SAID EASTERN LINE AND ALONG SAID CURVE AN ARC LENGTH OF 122.45 FEET THE. POINT OF BEGINNING. CONTAINING 15,744 SQUARE FEET, 0.36 ACRES, MORE OR LESS. END OF DESCRIPTION �D PREPARED BY: k No.6820 zcx, Ll LIC E EXPIRES P.L.S. NO.6820 .� ° � ATE CRAI ATSUEDA 09-30-2004 OFC G G.1Admin'Jobs-991994o84\surveyLDGHRTY_CC—ACc_dese.doc ROAD R=1175.00' 921'45" , L=192.00 3 Jr�.,� � � ���° t�.8, �8g�i CON COSTA 1 P• ACCESS EASEMENT 15,74** SO.ET 0-113000, LEGENDQ 20 P.O.B. POINT OF BEGINNING ?,1 f P.O.G. POINT OF COMMENCEMENT �crx (R) RADIAL �,� � OF0��i� � (T % � SQ.FT. SQUARE FEET . LINE TABLE - - --- LINE LENGTH FEARING ��'-' .. S83 05'25"IM L 1 45.CG' N59'U3'4f3"E 45.00' Ca�GP1�'\9�1��€\G2�iNAi..?1Af'21ftats\RV_YAC.dxg Gfl2�#C+t EXHIBIT B uert PIAT TO ACCOMPANY LEGAL DESCRIPTIONensen FOR � zar &Associates, CONTRA COST. COUNTY ; �#''��ff�'^e�1�Ctf�e EASEMENT'��`'�f'�T�t 48$6 piA807 6f�iVE. Stif'iE 2601 ' PiEASANTOAi, CA 945$$ �t.s�.L'rs.7 P��°s. �ilYJ.#a.flY 1 PHONE: {925} 227--9166 • FAX. {925} 2?7�-9J60 SCALE: DATE. JOB NO.: CITY Off' PI ANION, AL&MEDA COUNTY, CALIFORNIA 1"=1470' 01-28-04 991084 page Project: 991084e Thu January 29 08 :46:10 2004 Parcel Map Check CONTRA COSTA COUNTY ACCESS EASEMENT --------------------------------------------------------------------------- LOT CLOSURE Parcel name: ACCESS EASEMENT JAN04 North: 458187.0607 East : 1591197. 9449 Curve Length: 117.76 Radius: 1130.00 Delta: 5-58-15 Tangent: 58.93 Chord: 117.71 Course: N 03-55-27 W Course in: N 83-05-25 E Course Out: S 89-03-40 W RP North: 458323.0057 East 1592319.7377 End North: 458304 .4895 East 1591189.8694 Line Course: S 89-03-40 W Length: 45.00 North: 458303.7521 East 1591144 .8954 Curve Length: 122.45 Radius: 1175.00 Delta: 5-58-15 Tangent: 61.28 Chord: 122.39 Course: S 03-55-27 E Course In: N 89-03-40 E Course Out: S 83-05-25 W RP North: 458323.0057 East : 1592319.7377 End North: 458181-6469 East : 1591153.2718 Line Course: S 06-54-35 E Length: 229.77 North: 457953.5458 East : 1591180.9143 Line Course: N 83-05-25 E Length: 45.00 North: 457958.9595 East : 1591225.5875 Line Course: N 06-54-35 W Length: 229.77 North: 458187.0607 East : 1591197.9449 Perimeter: 789.75 Area: 15,144 sq.ft. 0.36 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: N 75-57-50 W Error North: 0.00000 East : -0.00000 Precision 1: 789,150, 000.00 vVu�,^/✓*! /v\��N�M/./v�NW�WW��^✓.^NV�/WW�✓�N�-�/�N✓�/w\n'��V`/���i�/V�/�/WW\NWV�M/✓�/v^.MN�.N�) 'LV..\/tN`.M/�,'�/\V..'✓�vl�,'�NW/W�iV`./�MI�,�N�i�lWv�.l hN`M�.✓./✓/.N✓AMM/.'.'�f`.M//u�W�NV✓�Iv'\/�Nv�\/�iNM/'✓V�/�/=.M/ ) 2 `S > Z CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT � State of California s} County of Santa.Clara On March 15,2004,before me, Janice T. Kruse,Notary Public personally appeared J. s C. Truebridge and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. �Z - � #cam WITNESS my hand and official seal. ' kft "U. - -� Signature of Notary Public 2 Optional �onal tnfo,.a)tion �s Title or Type of Document: Offer of Dedication—Access and Public Utilities �$ Easement—8306—Dougherty Road Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of > Shapell Industries.Inc. M�.`��^:ri�:��n�. ./ ��..N�✓v�r'�/v\Miv'.Mi W�M✓�✓�N.i�i✓.N..�.,f.. .,.;' v`✓�/✓✓"�✓ f✓'.r✓./�✓v✓�l�/v`✓�/W�,nv�nN✓'✓-.✓Wv'vJWV �. �ni�„�.�n,w.r,i�-.�.,�ni✓v✓w�w�.r✓v,�.,��.r�:�.,.r✓�✓�-✓v-✓.✓.✓�w�vv✓,✓.���i��i-✓�.✓w�✓.i.i✓.i..^.�i�,v-✓✓v✓.iv✓✓.,v✓v�w.iw 0 .11 Recorded at the request of: Contra Costa Cou:ity Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 25, 2004 by the following vete: AYES: S v'PV OuLS .LV.it'i, ViL RA:d.'YK, l:lllma2:clyS..rMl:, iJL:StiVAlltl I.i:R d'SND G3i.AJtV,R NOES: NONE ABSENT: N014-E ABSTAIN: NO�lE RESOLUTION NO. 2004/ 271 SUBJECT: Acceptance of Offer of Dedication for Access and Public 'Utilities Easement, for Subdivision 8306, being developed by Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDINTG ONLY: �ISTRUMENT REFERENCE GRANTOR. AREA DISTRICT Offer of Dedication Subdivision 8306 Shapell Industries Inc., San Ramon III For Access and Public APN: 222-270-001 a Delaware Corp. (Dougherty Utilities Easement Valley) I hereby certify that this is a true and correct copy of an sG:rn.: action taken and entered on the minutes of the Board of G:\GrpDaa\EngSvc\BO\2004\05-25-04\SUB 8305$0-30-2.doc Supervisors on the date shown, Originator: Public Works(ES) Contact: Teri Rie(313.2353) Recording to be completed by COB cc. Current Planning,Community Development Department Shapell industries of Northern California ATTESTED: 1 25 2004 100 N.Milpitas Blvd. JOHN SWEETEN, Clerk of the Board of Supervisors and Milpitas,CA 95035 Attn:Sam Worden County Administrator By , Deputy RESOLUTION NO.2004/ C Recorded at the request of- Contra #. CCosta ontraa County Engincerirg Services I33visionReturt ontr to: County CONTRA COSTA Co recorder Office RecoTrds Sec Department ST�P4�N L r 00Clerk-Recorder` 4-00 Area: San Ratnon(Daugherty Valley) DOCdayor ��@ 27, 2004 10:44:03 ThursRoad. Dougherty Road FRE $0.00 - Nbr0002156376 Co.Road No.: 5701 It�l Pd $ ,�0 i r C/R9 6 Development No.: Subdivision 8306 APiv< 222-270-001 OFFER OF DEDICATION - ACCESS AND PLBLIC UTILITIES EASEMENT Shapell Industries,Inc.,a Delaware Corp.,the undersigned,being the present title owner of record of the herein described parcel of land,do hereby make an irrevocable offer of dedication to the public and to CONTRA COSTA COUNTY and its successors or assigns, an easement for public use for access and public utility purposes, including construction, access or maintenance of works, improvements and structures and the clearing of obstructions and vegetation, over the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COLEY and its successors or assigns shall incur no liability with respect to such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing body of its successors or assigns. In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed,the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs,successors,assigns,and personal representatives of the respective parties hereto. The undersigned executed this instrument on_ `-- c57/% ``i -� (Date). B : B .y: Ak� ts��nfltt�> (See attached notary) :tw GAGrpData1Zng3vc\Fcrrrs\0F WORD\OF-7.dx Rev.March it,2004 EXHIBIT"A" SUBDIVISION 7984 - UNSURVEYED REMAINDER DESCRIPTION ACCESS EASEMENT TO CONTRA COSTA COUNTY REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "UNSURVEYECD REMAINDER" OF "SUBDIVISION 71184, MONARCH AT GALE RANCH"AS FILED ON THE 2811�i DAY OF OCTOBER,2002 IN BOOK 448 OF MAPS,AT PAGE 29,CONTRA COSTA COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERN CORNER OF LOT 20 AS SHOWN ON THE MAP ENTITLED "SUBDIVISION 7976, WINDEMERE" FILED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY ON NOVEMBER 16, 2001 IN BOOK 436 OF MAPS,AT PAGE 29, (THE WESTERN LINE OF SAID LOT BEING NORTH 35°31'16"WEST FOR THE PURPOSES OF THIS DESCRIPTION) SAID POINT OF COMMENCEMENT BEING ALSO ON THE WESTERN LINE OF BOLLINGER CANYON ROAD AS SHOWN ON SAID SUBDIVISION 7976; THENCE ON A DIRECT TIE, SOUTH 70052'39" WEST, 1526.15 FEET TO THE NORTHERN TERMINUS OF THE COURSE"S. 7036W., 117.54-ON THE EASTERN LIN E OF DOUGHERTY ROAD AS DESCRIBED IN THE DEED RECORDED FEBRUARY 6, 1936 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY IN BOOK 408 OF OFFICIAL RECORDS,AT PAGE 128;THENCE ALONG SAID EASTERN LINE, SOUTH 08025'25"WEST(USED FOR THE PURPOSE OF THIS DESCRIPTION), 117.54 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 1175.00 FEET AND A CENTRAL AN GLE OF 09021'45";THENCE CONTINUING ALONG SAID EASTERN LINE AND ALONG SAID CURVE AN ARC LENGTH OF 192.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERN LINE, NORT H 89°03'40"EAST,45.00 FEET TO A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1130.00 FEET, A RADIAL WHICH BEARS SOUTH 89$03'40" WEST AND A CENTRAL ANGLE OF 05058'15"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 117.76 FEET; THENCE SOUTH 06054'35" EAST, 229.77 FEEf;THENCE AT RIGHT ANGLES,SOUTH 83°05'25"WEST,45.00 FEET TO THE SAID EASTERN LINE OF DOUGHERTY ROAD;THENCE ALONG SAID EASTERN LINE NORTH 06°54'35"WEST,22.9.77 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF 1175.00 FEET AND A CENTRAL ANGLE OF 05058115";THENCE CONTINUING ALONG SAID EASTERN LINE. AND ALONG SAID CURVE AN ARC LENGTH OF 122.45 FEET THE POINT OF BEGINNING, CONTAINING 15,744 SQUARE FEET, 0.36 ACRES, MORE OR LESS. END OF DESCRIPTION D VA PREPARED BY: No.6820 IA CRAI ATSUEDA, P.L.S. NO. 6820 � V- DATE LICF C E EXPIRES: 09-30-2004 OFC �� G:Wdminl.fobs-93\39tC64�Survey\DGHRTY—CC ACC_desc.doc 2-G) c✓` P.d C. tl��J�f � 1 � Al y 1136 4tYYp�y ROAD R-1175.00' t r } L=192.00 x.03 An p.0.9* CONTRA COSTA ACCESS EASEMENT ti 15,744--E .SQ.Ij T 0-1130.00, �- 6-558'15 �VAAt t? LEGEND 20 P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT (R) RADIAL �• ��" C7F CAL (T) TOTAL SQ.FT. SQUARE FEET LINE TABLE LINE" LENGTH L BEARING � �'�� �---,83*0525"W -Ll 45.00' 1 N89'03'40"E 45.00' EXHIBIT B G.GALEPH2\99M4E\G2FINu.nAPs\Ptats\Ru VAd.g 01/28/04 PLAT TO ACCOMPANY LEGAL DESCRIPTION "-jense edn FOR - tzar & Associates CONTRA COSTA COUNTY CHABOTDRAT— SUITE 200 • PLEASANTONCA 94588 PHONE: (925) 227-9100 • PAX: (925) 227-9300A\ ✓� SEASEMENT SCALE: DATE: JO' (?.. CLr`I OF PL EASANTON, MAMMA COUNTY, CAL[FORNIA 1»®100' 01-28--04 991084 page 1 Project: 991084e Thu January 29 08 :46:10 2004 Parcel Map Check CONTRA COSTA COUNTY ACCESS EASEMENT ---------------------------------------------------------------------------- LOT CLOSURE Parcel name: ACCESS EASEMENT JAN04 Forth: 458187.0607 East : 3591197. 9449 Curve Length: 117.76 Radius: 1130.00 Delta: 5-58-15 Tangent: 58.93 Chord: 117.71 Course: N 03-55-27 W Course 1n: N 83-05-25 E Course Out: S 89-03-40 W RP North: 458323.0057 East 1592319.7377 Enol North.: 458304 .4895 East : 1591189.8894 Line Course: S 89-03-40 W Length: 45.00 North: 458303.7521 East : 1-591144 .8954 Curve Length: 122.45 Radius: 1175.00 Delta: 5-58-15 Tangent: 61.28 Chord: 122.39 Course: S 03--55-27 E Course In: N 89-03-40 E Course Out: S 83-05-25 W RP North: 458323.0057 East : 1592319.7377 End North: 458191. 6469 East 1591153.2718 Line Course: S 06-54-35 E Length: 229.77 North: 457953.5458 East : 1591180.9143 Line Course: N 83-05-25 E Length: 45.00 North: 457958.9595 East : 1591225.5875 Line Course: N 06-54-35 W Length: 229.77 North: 458187.0607 East 1591197.9449 Perimeter: 789.75 Area: 15,744 sq.ft. 0.36 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: N 75-57-50 W Error North: 0.00000 East : -0.00000 Precision 1: 789,750,000.00 �(. �r.,w�✓��w�avv�^v�,��M�.v� � wv�n,��,�✓�.�.,�,w✓vv.✓��.v.nivw�,wvwv.n✓vw.iw�✓v�,^.�����iv�niwvv�,�.�.�.Nw��,N j �.,w w.��nn.n✓..ti�n�.,✓�,�wv��,v��.��✓v��wvti.w^.✓�;v�✓w�.,-✓�rn.:,,w�nra�=.�.r✓�n,�.�.M✓�.^✓v�✓��,...�✓w�.ti^✓vw��✓-✓ww�wwv�n,w'n✓vvw�nia�✓�Z s CALIFORNIA ALL PURPOSE ACICNOWLEDGMENT � State of California �s s� County of Santa Clara On March 15,2004,before me, Janice T. Kruse,Notary Public personally appeared J. C.Truebridge and Ken Cox known to me to be the persons whose name are subscribed 5 to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JA N77 t:KRUSE Court U110n# 1318697 y� c� W'ITNESS my hand and official seal. / Si)jnature of Notary Public } Optional Infornfation Title or Type of D©courant. Offer of Dedication—Access and Public Utilities casement—8306—Dougherty Road Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of ? Shaueli Industries.Inc. I S S S � S S> �/'���.✓.�✓.n/,�v� � ..':����/'�VV�✓`�/�..'J�✓v`✓✓.,:iW��✓�:/�i���v�./moi✓✓✓v'.. %�f✓�N�.f/�J"✓��%���✓✓✓��� �%f✓�J�✓!�WNVIY��✓✓��/ e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 25, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UIUK EMA, GREENBERG, DE SALTIER AND CLOVER NOES: NONE ABSENT; NONE ABSTAIN: NONE RESOLUTION NO. 2004! 272 SUBJECT. .Approval of the Final Map and Subdivision Agreement for Subdivision 8688, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) The following documents were presented for Board approval this slate: I. Map The final map of Subdivision 8688,property located in the San Ramon(Dougherty Valley) area, Supervisorial District III, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., 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 origmator:Public works kES> Wken and entered on the minutes of the Board of Supervisors Contact: Ter.Ric(313-2353) SG:rm on the date shown. G:\Grpr,eta\EngSvc\BO\2003110-14-03\SUB 8588 BCH-21.doc cc: Public Works—T.Bell,Construction Clzrent Planning,Corm.rmity Development T-March 25,2005 ZvAY 25. 2004 Shapell Industries ofNor£iiem California, ATTESTED: - — a Division of Shapell Industries,Inc. JOHN SWEETEN,Cleric.of the Board of Supervisors and Sana Worden&Steve Savage P.O.Box 361169 County Administrator ldiilpias,CA 95035 National Fire Insurance Company of Hartford Pamela Stocks 5820 Canoga Ave.,Suite 200 By ,Deputy Woodland Ellis,CA 91367 RESOLUTION NO.2004/ 272 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8688, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District.III) DATE: May 25, 2004 PAGE- A. Cash Bond Performance amount: $10,000.00 Auditor's Deposit Permit No. 408866 Date: July 17, 2003 Submitted by: Shapell Industries of Northern California, Tax ID Number: 95-2578030 B. Surety Bond Bond.Company: National Fire Insurance Company of Hartford Bond Nurnber: 929270253 Date: July 8, 2003 Performance Amount: $994,500.00 Labor&Materials Amount: $502,250.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. 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$691,100.00,with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 732 Date: February 11, 2004 together with Bond Increase Rider dated May 7, 2004 Amount: $691,100.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. 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 final map is APPROVER 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. RESOLUTION NO. 2004/272 x q �� f� CL 10 LO 'i ELI, W gign{ as . 8 8 y..y 'w✓ m K.3 W.5 +t a '.a G J Ff .'..'o, p �� i e� r�'"an e-• i„1 �s Haa.� s u'�� z �v ..-,... �u`�4 � ���'�: > r � Off ' "'" � W cTi yrs cma` d �cr a Ris— i . v bs cel moo a X� rEN X 6i a mt z n v4o UST a r CR w a cw o r T N >-0 0 � 65 ;wg a60 ONS "Z, `[ -C, Ow ' `nm 41 ot gg 6 CS t a-'j ttYY � c' d ems•`_' b 'i a'. 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(�'9'V00'whN •"S� �1 tr`' N�*i•PW'YEr's«.• I N-�'pito X'c5+h N^7 aa1 hi'v N"..}..•N h�� Iiv S'+ S S Nil l ml , 3 o; ��aI �» g( �� g88j88 $�1885'� g ; 3 � -.i..e-a...�-..t i-4 v'�'v�L•J ...N'"�v,��o a.,77'CA��+-N-'�"Y Fa i a 3p g 'ps 22 e6 t d L t]d'NY%qt(E t JEi6S SY td,HWiW9%M5�Stti'*fi'[9E91]640t5b\8tW]^.V��h SUBDIVISION AGREEMENT T (Government Code§66462 and§5453) Subdi-i4sion. 8688Principal: Shapell lndLstries of Northern California. a Division. of Shan-ell.Industries,Inc,-$0% €k� ej�!" ? C'*' p Effective Date. : O Completion Period; I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO- CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shia,Public Works Director i Shapell Industries,lnc. ^,;/ �' :'< s;. ham.... . (S�8n )1 �; .� antes � s (Prat name&t •"' "' - RECOMMENDED FOR By: i' (sianan=) Engineering Services div' i n re do (Print ac FORM APPROVED: Victor J.Westman,County Counsel (NOTE: AU s,.patures tube acktowl:.dged I"Principalis incarpo-ateci,sipatses r!mcstc=vo n with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,Calriorma,hereinafter called"Cou-i and the above-mentioned Principal,mutually promise and agree as follows concerning his subdivisidn: 2. IMPROVENIENTS. Principal agrees to install certain road improvements(bob public and private),drainage improvements,sips,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with die Contra Costa County Public Works Department and in conformance wih the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof, as required by dire California Subdivision avian act(Government Code§§5410 and following)in a good workmanlike rn=er,in accordance with accepted corrstrucdon practices and in a-mariner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §65499 and the County Ordinarnce Code,provide as security to the County; A. For Performa-ice and G;rarantee: $ 10,000 cash,plus additional security,in the amount:$994.5€0 which together total one hundred percent(100%)of tate estimated cost of the work. Such additional security is presented it.he form of: Cash,certified check or cashiers check. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit, With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For I'avmrnt: Security in the amount:$502,25€},which is fifty percent(50%)of the estimated cost of the worn. Such security is presented in the form.of; Cash,certified check,or cashier's check X Acceptable corporate sure-Ly bond. -- Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to thein or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, t'ne amount securities maybe reduced in accordaricc with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in materiai or workmanship and shah perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6, "Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense, any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perforin establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Depart gent to be necessary to insure establishment of plants. Said plant establis:rent work shall be pe-formed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be madegaate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or state-ment by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of trr_'s Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor small County be thereby stopped from bringing any action against Principal for damages an—sing from the failure to comply with any of he terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered.incurred or threatened because of actions defined below and including personal injiury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted Lie work as complete and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the:natters covered by dins Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section.are not conditioned or dependent on whether or not any Indemnitee has prepared.,supplied,or approved any plan(s)or specification(s)in connection wiLh this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly fort=-,any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of exisding utilities required thereby. 0. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to til-e satisfaction of t to Coun y Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 1. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or mair_tair the work by contract or otherwise and Principal agrees tc pay all costs and charges incurred by County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon_ demand. Principal hereby consents to entry or he subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Princ=_pal subsequently completes the work. Should County sae to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of Etigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCO�t PORATION/A'NWT—;XATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city oris annexed' an existing city,excepE as provided in his paragraph,County`s rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to d;e new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal, who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. ' he provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to fie and record the final map or parcel map for said.subdivision. RL:'D:md GAGmData%&gSvc\Slave,Gale R=M8688(429)18688 AG-30-doe Rev. October 25,200: _._...._................................................................................................................................................._. ___._.. ......... ......... ......... ......... ......... ......... ......... ........... ........................ ........_ ......... ........ ......... ............ ......... ......_. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State o;California C b� � ✓�`�h VS. SYS --n d 5 On �j{ �} j Ld } '' QiVreC, _ 1 — /i G Date Pdame and Title of Officer e.g. °Jana Dos, personally appeared ame(s)of Signers) ` ersonaliv known to me ❑ proved to r"i!a on the basis of satisfactory q�1� ev!denc$ Y to, be the person(s) whose name(s)-Ware ... .�.,. .is subscribed to :he kRli.l'#ii"# instrument and a�� s acknowledged to me that ih they executed �. _ KRUSE v Notwy p - mbia f. the same in W* rsi heir authorized COU* ca�aac:ty(ies), and that fav 444we Aheir zt t ¢ s gnatu.re(sr on the )rist,ument the person(s), of i .he v .t;' uyv6` r. behalf of wt';ch 'he ocers.on(ss) acted, executed the Instrument. NESS n?v hand and of"# 'a'seal. _. �:. Signature o!Votary Puh!ic AZ OPT"1C`$> K �g. hough the!,,;formation below is not required by law,it may prove valuable to parsons relying on the document and could prevent ' faudulent removal and reattachment of this toms to another document Description of Attached Document y Title or type of Doccuinnent Dom;ment Date: dumber of Magee: Signer{s)Other Than Named Above:_ Capacity(les) Claimed by Signer Signer's Name: tv€dual Top of thumb here r. SGorporat Officer Tzile(s)e t E Partner Umited ❑General ❑ Attorney-in-Fact ❑ Trustee ' '; ❑ Guardian or Conservator ❑ Other Signer Is Representing \ �! �i ti 0 X988 4a'.innal NotaryAssociation*9350 De Soto Ave.,P.C.Box 2402-Chotsworth,CA 91313.2402 d mm.nationainotery.org Prod.No.5807 Reorder:Cail Toti-Fres 1-600-8766827 Gale Ranch 11 Subdivision.: 1 Gallery Bond No.. 922270253 - PreP'I`3i�;tZ't. $7,459.00 W 1kO Y Eit-RE.1.B i. SE:3cRff Y IJND FOR SUBDIVISION AC.REEM T (Pezforn=ce, Guarantee, mid Payment) (California Government Code 66499 -66499,10) 1. .rCLTAgN AC ' I-. Tlic Principal Was executed an areerraer t with fhe County to install and pay for street; drainage, and other itraproravenwnts in Subdivision 8688/N-2B 1 Gallery _, as specified in the Subdivision Agreement, mid to complete 6 d work avithi .dw tiny specified for coMpletiorr in dV Subdivision Agreement, all its accordance with.State and loci laws and rtalws theretander in order to satisfy conditions for filing of the,Final Map or Parcel Map for said Subdivision, 2. Omaaa I Sha ll Industries of Northern California A Division of Sha ell Industries inc, a Delaware Co.T. as PrimipA and National Fire Insurance Com2any of Hartford ,ac o pora it orgamzed existing under dr,laws of the.Mate of CT , and authorized to transact smety business in California, as Surety, hereby jointly and severally hind ourselves, our heirs, executors, adn-Anistrators, successors, and assigns to the County of Contra.Costa, California to pay it: Nine Hundred Ninety Four A. Perfammuce and GuaMntee: "l;cusand Five Hundred Dollars and 001100 ( 294,500,013 for itself or any city assignee under the above County Subdi:visilon.kgreenrnt, phis Bb Payment. Five Hundred Two Thousand Two Hundred Fifty Dollars and 00/100 Dollars( , $502,250,00 �i to secure the claims to which reference is made in Title XV (commming with Section.3082)of Part 4 of Division.III of the Civil Cove of die State of California A. The Condition of tWs obligation as to Section 2.(A)above is such that if the above bonded Principal, his or its.heirs, executors, adarainistrators, successors or assigns,shall in all things stand to and abide by, wid well said. truly keep and perform the covenants, condition.; and provisioms ill. the said agreement and any alteration thereof made as tlaereita provided, on is or its part, to be kept and perfomed at the firm and in the manner therein specified, slid in all rests according to their trate i te:ca.t and imaning, and shalt inderxazaify and save harmless the County of Contra Costa (or city assignee), its officers, vents and employees, as therein stipulated, dvn.this obligation s1m1l beconv nuU and void;oth rwise it shall be and.reniain in full force and effect, As part of tlae obligation secured'hereby and in addition to the face must speed therefore, there shall. be included costs and reasonable expenses and fees, including reaw:;,aable attonmey's fees, inc°ulixed by Coinity(car city assignee)ira successfully eaafiarcing suet.obligation, all to be taxed as costs and included in any Judgement rendered. B. The condition of this obligation, as to Section .{B} above is such that said Principal and the undersigned as corporate surety are held family hound unto the County of Contra Costa and a. contractors,subcontractors, laborers,material awn and other persons employed is the perforrarance of doe aforesaid agreeimut aud.ref�md to in the aforesaid Civil Code for materials,Rumisbad or labor thereon of any kiaad, or for amounts due under tiv Ti ernployr ent Insurance Act with respect to saach work or labor,that said surety will pay the same irt an aniount not e c eeding the aunt hereinn,al.x,)ve set forth, and also in case suit is brought upon this land, will pay, in addition to the'act arr unt dwreof, costs and reasonable expenses and fees, including reasonable attorney`s fees, incurred by County(or city assignee) in successfully enforcing Bch obligation, to be awarded and feed by.the court,and to be taxed as casts mid to be h cluded.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, con panies and corporations entitled to file c�lainas under Title l (co cing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to .or their assigns in any sit brought upon this brand. Should tlae condition of this bond be fully peafoiined tban.this obligation shall becom mall and void, otherwise it shall be and remain in full force mid effect. C, No alteration of said subdivision.€agreeta-rent or any plsnn or specification of said work agreed to by the, Principal and.the Gouty smell relieve any Surety froin liability on this bond; and consent is hereby given to h ike such altercation without further notice to or consent by Surety;and tfrie Surety hereby waives the provisions of California Civil Code Section.2819,acid bolds itself bow witlsout regard to and independently of any action agahLst Principal whenever taken. IG D AND.SEAL lil►on July 8, 2003 Shapell€ndustr€es of Northern California,A P° CIPAL; D vision of Shapell Industries,inc,,a Delaware Corp. SURETY-. National Fire Insurance Com Sin of Hs Odd Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City, Milpitas dip: 95035 pity: Woodland Hillsz- 91367alai � ,{j v By« 1 f` 1 Prism ' s ;j < Print Naatne: Marie A. Cook . Title- Title: Attorney-InAFarct �. - .. Fir€rated Larne. Title: 4 1�£`WSSL4trt?i.2E#�"£�S�C', aer�vc '�ru�f3lt'SNL�1�1B�.i,�.da� A July 8. 2003 before,ji-te, pl.?Sso Ti l€y kA•It,2wn to III(! � to be the personal, whose narne l(#islor°er sut)S ,ril eel to the within tr'astr r.rrrrfint-and acknowledged to me; t.!r �Osire�'t€a xec ute�X the starne irx-k /�cc�rlt��,�ttt�srl�t c apaclty(J.wt , and that by .s1gnatuj-e -oil the JAN106 T.MU ins,tvcrrtrent the pei sonK,ou the entity upon behalf of which the personS4 acted,executed the Instrt,rnent, Watmy Public MQ00ftmi: W:t'T,J.::SS my hand and or"fila} seal. W�� WAgo ,;" � #; uxe This area frit•t:'X4.1art NtaraHal Seal s OPTIONAL T1•;OL'gh the data below is not reqUired by law, it may prove valuable to persons relying can the document wid could pretvent fraudulent re<att<acli meat of this fr rni. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL t. t:Ol~PORAIE OFFICER Tru.1 OF TYPE.OF 00C,€.,MF.NT •t�r�t.stt s a ........._._........................... PARTNER(S) LIMITED a ATTORNEY-IN-FACT Li?�1�1��I�FY-Ilit-1"AC NUMBER OF PAGES l...J C;W4CLL✓AWtWrOSUSi_RWOR 'DATE OF DOCUMENT SlIGNER IS REPR S NTING- NAMC Of PENSON(S)OR ENTt-,WRES.) _.__..a_.._......�._.__. __..__._ _.._...-----.............. ........___�,..._.,...�... .Nat€on l Fire lit Insurance Com m o tt 1GNER(S)OTHER THAN €AMED ABOVE ID-081 Rtv,rata A1,1.-F11JRP0S >ACKNOWLEDGEMENT POWER OF ATTORNE" PPOINTING INDIVIDUAL ATTO1 2Y-[N- "ACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies*),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seats Derain affixed hereby make,constitute and appoint Marie A. Cook,Individual) of Milpitas, California their true and lawful A#orney(ss)4n-Fart with full power and authority hereby conferred to sign,seat and execute for and on their behalf bonds, undertakings and other obligatory Instruments of similar nature -in Unlimited Amours - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their it corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-L s and Resolutions,printed on the reverse hereof, duly adopted, as"indicated;by the Boards of Directors of the corporations. In VAtness Whereof,the CCC'Surety Companies have caused these presents to be signed by their group Vice President and their corporate seats to be Hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA oca BEN. togs Marvin J.Cashion Group dice President State of llllnois, County of Cook,ss: On this 18th day of June 1998 ,before me personally came Marvin J.Cashion,to me knciwn,who,'being by me duty sworn,did depose and say:that he resides h the,City of Chicago,Slate of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the seats of said corporations;that the seats affixed to the said instrument are such corporate seats,that they were so affixed pursuant to authority given by the Boards of Directors of said oorporadom and that he signed his trams thereto pursuant to like authority,and acknowledges sante to be the art and deed of said corporations: 40 43 PUBLIC My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 4 Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY`COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still In force,and further certify that the By-Law and Rw4utionon of the Board of Directors of each corporation printed on the reverse,,hereof are still in force.In test mony whereof I have hereunto subscribed my game and the seals of the said corporations this_��day of �- CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA A JULY Ii, � t} SEAL 't' � � L9GZ YB97 Mary A. Ribikaiwskis Assistant Secretary .v.10/1197) Author. nog By-Laws and Resolutions OPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adapted by the Board of Directors of the Company. "Article IX- Execution of Documents Section 3 Appointment of Attorney-:n-fact.TFie Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attcmeys-ire-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like ratiirea Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company thereto. The Chairman of the Board of Directors,the,President or any Executive,Senior or Croup Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney4ri-#ac," This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved,list the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such,power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and blinding on the Company." 3PTEC BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA; This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of he Company. "Article Vlw�xecutian of Obligations and Appointment of Attorney4n-Fact Section 2.Appointment of Attorney-fn-fact The Chairman of the Board of Directors,ft President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-ln-fact,subject to the limitations set forth in their respective certificates of authority,shall have full pawner to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsirrule under and by the authority of the-following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day.of February, 1993. 'Resolved,that the signature of the?resident or any Executive,Senor or Group Vice President and the seal of the Company may be affixed by facsiml€e on any power of attorney granted pursuant to Section 2 of Article VI of the lay-Lawes,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may bre affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding an the Company.Any such pawner so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ?PIED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February'!7, 11393 by he Board of Directors of the Company. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporations in the execution of polices of insurance,bores, t undertakings and other obligatory instruments of like nature.Such Attorney4n-fact,subject to the limitation set forth in their respective certificates of authority,shall have full powerto bind the Corporation by their signature and execution of any such instrument and to attach ; the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Burd of Directors may at any time revoke all power and authority previously given to any Attomey4n-Fact.' This Power of Attorney is signed and sealed by facsimile cinder and by the authority of the following Resolution adopted by the Board of Xrectors of the Company at a meeting duly called and heli on the 17th day of February,1993. 'RESOLVED:'that the signature of the President an Executive Vice President or any Senior or Group Vice President and the seat of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and ttie signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be aged by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,small With respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation.' In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. T DIS CLOSUM-OX-PREMEM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). I - j -j BE 2A PAYMENU OE 1ERRORIS L-03-S M, The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 CALIFORNIA ALL-PURPOSE ACK OWLEDO E T i f `.t; State of Cailforn;a d6 ate. County of � e 4 � rn # � before e, I `a Data Name and Title of O1tI er(e g., Jane Doe Notary Pubftl ur personally appeare }`tae s - k $ Com`- fa Narna(s)W Signers) t ersonai€y icnc,+Yn to:mss [-1 proved to me on the basis of satisfaeton ev?dence q§ in >>,, t4 be the per uOr!(5) whose :�a:liV{a73 II/L3tV T� F. subscribed to the within instrument and acknowledged to me that h&44_-_4they executed �t w' T € q t e safe in /heir authorized: a x. capacity(!;e�), arca that by �' t#-4e1, �}�, yy,,,��xcc e si e:ure(s) on the insttrument t.,,e person(s), or 7,sr �5n v atr tT.6 ks3'$3: x MY :z the entity upon behalf of winkh the person(s) Y �zaq g }i c5 } �( instrument. '{ �a. �z ma�L-4$�'.A d:r� acted, executed the instrument. ESS my Viand and o~fu:sai�sea€. q j ka� Signature of Notary Pubhc 'tk' uM �( Yx: OPT S 4 Though the information below is not required by law.,it may prove valuable to persons relying on the dcou Hent and could prevent fraudulent removal and reattachment of this ton,,to another document. 4- Description of Attached Document ttie or hype of i3ooutent; Docurnert Date: _ _ ._:_ __Dumber of Wages; Cz.i�-. r.rs)Other Thar.Named Above. m{ _ _ ----- Capacity(les) Claimed by Signer Signer Name: WMH W,_ lri , Top of thumb here NR rj Individual � � � k4 r wofpor ?e Officer—Tile( ) _�� _ u j 1 = '€'a [I Partne. -1 Urnited El Gere,al Attorney-in-Fact � Trustee Guardian or Conservator nom,. S.g..er is l�epresent i .�, nr_, - Ya cox • *I SQ9 Nat'.onal NotaryAssocWion>9350 Do Soto Ave..P.C.Box 2402-Chatsworth.CA 92313-2402 b www.rationg;notary.org Prod.No,5907 Reorder:Cali To:?-Freo 1-840-876.8827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER C c TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIM FROM J r' ORGANIZATION NUMBER {For Cash Collection Procedures sass County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCTTASK OPTION ACTIVITY AMOUNT azlvz # i— h+ L t �i j L ? I L I I--I XV9 9 / # # l # # e # # # # # i # 6 s c # # s 9 # s s 1 I L s A L p s t r t EXP NATTIP:N: ,d �5-11— DEPOSITTOTAL —Z 2"j �6 Deposit consists of the following items and CURRENCY $� KS,MO,ETC. $ BANK DEPOSITS $FOR AUI3iTOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE The amount of money described above is for Treasurer's receipt of above amount is approvedReceipt of ab�re omount is hereby d wt,into the co Tieasur� acknowledged s Date I*Lf"- Si �0 A/ gned Deputy Auditor County TWWW 3" D-3.REV i7-931 z,- t ' -;r /� 819800-0800: 01120511, $10.000.00, Sub 8688, Performance Cash Bond, 5hopell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd„ Milpitas CA 95035 819800-0800: 01120512, $21.700.00, RA1135, Performance Cash Band, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd,, Milpitas CA 95035 0649-9665 / 831000: 01120511, $48.700.00, Sub 8688, Inspection Fee Deposit, Shopell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 0649-9665 / 831000: 01120512, $101,100.00, RA1135, Inspection Fee Deposit, Shapell Industries of N. CA, PO Box 361169, 100 N. Milpitas Blvd., Milpitas CA 95035 V010 AFS" 6 4'104; 5/7/04 FATCO $42 8688 Tax Collector's Office William J.Poilacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Roost 900 P,o, Box 63' (("�``` '' Russell V.watts Martinez,California 94553- Costa Chief y Cie'puty Treasurer-Tax Cciiector 0063 (925)646-4'122 County Joslyn Machell (925)646-4135 FAX ""ll fax Operations Supervisor jam~ . s Date: 5/7/2004 IF THIS TRACT IS NOT FILED PRIOR TO T IE- 'SATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS Lam;7 IS VOID. This will certify that I have examined the map o the proposed subdivision entitled: Tract/#VIS# : it#' T.R.A. 8688 SA :., _,.. 66405 Parcel#n 222-288-001-9 222-270-U€3 1_1 222-270-002-9 and have determined from the official tax records ' t there are no unpaid County taxes heretofore levied on the property included in the rniap.. The 2000-2004 tax lien has been paidt _. -e `'smate of the 2004-2005 tax lien, which became a lien on the first day of January, 200! i-s :;,-691,100.00 This tract is not subject to a 1915 Act Bon^. I~` u .. t to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from. ?i" 3 ~,~Q of this letter, unless this letter is accompanied with security approved by 0�-: Costa County Tax Collector Subdivision bond must be_r reser i r €s v ax Collector for review andapproval of adequaU of security prior to Titin,- with the C> irk of the Board of Supervisors. J. POLLACEK, asurer-Tax Collector 3 r ff > i,f' Executed in Triplicate Subdivision/Tract 8690iN-4,Gale Ranch II,Parcel#222-280-001-0 OVASubdivision/Tract 8688/N-2B,Gale Ranch 111,Parcels#222-280-001-9,s uasn 222-270-,00'-1,222-270-002-9 Increase -Decrease Rider TO E-1;-AI-FAGHED TO and form Part of Bond Number 929 299 732 _. issued by the National Fire insurance Co-mw-Lof Hartford as Surely,on behalf of Sha ell Industries.Inc..a Delaware Como-at;on of Mftitas.CA hereinafter referred to as the Principal,and ir,favor of Martinez CA heretnafter referred to as the Obligee,effective the day of February,2004 IN CONSIDERAMN of the prernium charged fbr the attached bond end other good and valuable consideration it is understood and agreed thet effective the---Ll—th day of---V-e-h--u-a-rY—,--2-0-04 -,and subject to all the terms, conditions and PIMItations,of the attached bond,the penal sum thereof shall be,and the same Is Ba by increased from tl�e surn of Dollars tothe aurr,orf Six-Hundred Nine tv One Thousand One Hundred and No/" 0** iT IS FURTHER UNDERSTOOD and agreed that subject to all the terns: conditions and limitations of the attached bond; the aggregate llsbllity of the Surety for any loss occurring prior to said date shelf not exceed the surn of V- ive Hundred Thirty Eight Thousand Six Hundred and No/]00** 5538>600.00** or for any lose uccurring subsequent to said data shall not exceed the sum of - Six-HundredMnelt OrieTbousand One Hurdred and No/100** Dollars( S691,100.00** in no event,howevvr, shall the,aggregate liability of the Surety exceed the larger of the eforer.entloned sums, it being the Intent hereof to pret.lude cumufative ilabilltj. SIGNED,SEAI.EO AND DATED this ---2t —day of 2004 Accepted By: Coin of Contra Costa Shapell]industries,Eric.,a Delaware Corporation (Prinoipal) --T ayY ---T Truebrid ASSt. V.P. DATE: BOPM RtVIE-W'XD AND APPROVE11, Ken Cox , Asst. Sec. CONT COSTA COU NTY national Insurance CoMnMX2QArtford ti T R HAS U R ZE COLLECTOR /2 /Surety) BY, 75 N. (veal}ILI Pamela L Stocks Attamey4n-fact SUR-23169-D POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IIN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation.(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hamer,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,sea]and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. "i's Power of Attorney is made and executed pursuant to and by authority of the BY-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. 01 Continental Casualty Company A National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEAL V 7:mck .aelGen�gler � Se -�ViceP�resident State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally canoe Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL 000*** ELIZAPRICE 1401MW MKM STkTt W&LWOW MY COMM="MMt as:"M706 My Commission Expires September 17,2006 —fh;z—a—Priie—.e Notary Public CERTMCATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Dartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations I me and affixed the seal of the said corporations this linntedyn le reverse hereof is still in force. In testimony whereof I have subscri`bed my name t day of May 2004 R4 Continental Casualty Company VASU0 4, National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania JULY it. SEAL Mary A.4ikai6kis Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed purs=uant to and by a=uthority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX- 4Kxecution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Croup Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth ill their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact,,, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 176,day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.,, ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI— Execution of Obligations and Appointment of Attorney-Int-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." 'i his Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power,of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSU=RANCE COMPANY OFHARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company- "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written,certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instm-neat and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile=under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"'day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1913 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LGS ANGELES On May 7, 2004 before me, Sandy banner- Notary Public Cate NAME,TITLE OF OFFICER., 'JANE CSCE. NOTARY PUSLIC" personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) (2L) personally known to me —OR m (—) Proved to me on the basis of satisfactory evidence to be the person( ) whose name(4 is/Aimubscribed to the within Instrument and acknowledged to me that dshelAW executed the same in hWherlt air authorized capacity ` and that by I Wherl M signatureo) on the instrument the person), or the entity upon behalf of which the person(t acted, executed the instrument. SA # N WITNESS.�iy hand and o lal seal. YCarr-nss or,#1362157 �sa 1, Notary Public-Caiifomis t1�C3F NOTARY- - - - Lo Angeles County 61GNA 5 My Comm.Expires Jul 2,2 — --i OPTIONAL Though tete data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_ ) INDIVIDUAL (��} CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (� ) PARTNER(S) (._. ) LIMITED GENERAL NUMBER OF DACES ( ) ATTORNEY-IN-FACT (� ) TRUSTEE(S) ( ) GUARDIAN/CONSERVATOR ( ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Comoanv of Hartford SIGNER($)OTHER THAN NAMED ABOVE NOTICE In accordance vrith the Terrorism Risk Insurance Act of 2002, we are providing this I sclosure nol-ce for bonds and certain insurance policies on which one or.more def t�<e iitrng Con-, identified below is the surety or insurer. To-oMnc2pals or, bonds and insureds on certain insurance pC..3CiG'8 writ an by any one or more of the following companies (collectivdly the "'Writing Companies") as surety or insurer: Western. Surety Company, Universal Surety of America, Surety.Banding Company of America, ContinerAal Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Fir6mert's Insurance Company of Newark, Nil, and The ConEneutal Insurance Company, The prerrdurn attributable to coverage:for terrorist acts certified under the Act was Zero Dollars ($0.0u). The Unites'States vifl- pay ninety percent (90%) cif covered terror sin losses exceeding the applicable sur etylinsurer deductible, roan X7390 CS Sj > SZ CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT S� b s Stag of California �S S� 4> >s County of Santa Clara > On May 10 2004,before me,Janice T. Kruse Not Pudic personally appeared,J.C. y � � �' � y PP ss �S Truebrid a & Ken Cox personally known to me to be the persons whose names are }> �> subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons,or s the entity upon behalf of which the persons acted, executed the instrument, S> S AMICIE T. 1318697 Puu- calms WITNESS y hand arid.official seal. ' S` � G ., Signature of Notary Public �? t, Optional Information >s Title or'Type of Document: Increase/Decrease Rider-Bond#929299732 '> Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary-oI Shapell Industries,Inc. ss S` Sj 1'? SS �S 1> S Q ri 1<RT2 _rCIPAL TITLE COMPANY SUNY Shaped Industries,Inc. First American'Title Co. National Fire Insurance Company of Dartford 100 N.Milpitas Blvd. 1355 Willow Way,#101 5820 Canoga Avenue,Su;te 243 Milpitas,CA 95035 Concord,CA 94520 Woodland Hills CA 91387 Attw Tont S?rnnnson Attn..-Barbara Pinta A tn: Bond i7ept. Phone:408-946-1550 Phone: 925-356-7025 818-713-2035 F ATCO#787276 Sand No. 929 299 732 Tax year 2004 - 2405 Premium; $4040.00 BOND A.GA NST TABS Tract 8688, N-2B,Gallery,Gate Ranch It Parcel#222-280-001-9,222-270-001-1,222-270-002-9 KNOW ALL MEN BY THESE PRESENTS: 'I'- ATS Shat)ell Industries.Inc..a Delaware comoration as principal and (Surety) Naticanai sire insurance C4mpan�of Harttorcf ,a corporation organized and existing under the laws of the State of CT and authorized to transact surety business in California ars surety are held and firmly bound unto the County of contra costa, State of California,in the penal sum of Five Hundred Thirty Eft Thousand Six Hundred La ivctl pDollars ($538,600-00— ,,to be paid to said County of Contra Costa , for the payment of whiten will and truly be made,we and each of us hind ourselves,our heirs, executors,administrators and successors,jointly and severally,firmly by these presents. Sealed with our Seals and dated this 111th day of February_ __e2004. The conditions of the above obligation is such that WhIEREAS,the above bounded principal is about to file a map entitled Subdivision 28688 and covering a subdivision of a tract of'_and it said County of Contra Costa and there are certain lier6 for taxes and special assessments co`lectdd as taxes,against the said tract of land covered by said map,whicl1 takes and special assessments collected as taxes, 'are not as yet die or payable. NOW,T11EREFORE,if the said Erin slaall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map,at the time of the filing of said mals of said tract,then this obligation shall be void and of no effect,otherwise it shall remain in full farce and effect. Shapell Industries,Iric., a Delaware corporation National Fire Insurarce Corriparty of Hartford rin:pa pen Cox , Asst. Secretary Surety Pamela 1.., Stocks Attorney-in-Faci Principal Robert Moores Asst, V.P. DA'T'E OND RE IE`VED-�kN`D AIRF'aC CONTRA COSTA C€aUNT1 I s U > A, COLL C`l'CR (xzetary aclmowledgmwnt attarchcd) Y; { State of CALIFORNIA County of LOS ANGELES On February 11, 2004 before me, Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER- 'JANE DOE, NOTARY PUSLIF-1 personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(&) whose name{o is/Ansubscribed to the within instrument and acknowledged to me that Mishe/1W executed the same in WWher/Amlit authorized capacityoand that by Wher/4" signature(s) on the instrument the person(), or the entity upon behalf of which the person(SO acted, executed the instrument. WITNESS,tiiy hand and offt_c jsl seal. &4",*y FANNER Com-nission#1362157 NOWY Public-("aftmis Los Angeles Ciounq SIGNATURE OF NOTARY ,My Comm.Expires jul'g�20M fillip I OPTIONAL Though the data below Is not required by taw, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Ins_urarce CompaDy of Hartford SIGNER(S) OTHER THAN NAMED ABOVE - G-W7428-8 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTO,11 TEY-�YWFACT Know All Men By These:Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stags,Beverly A Hall,Sandra V Harmer,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. Its Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of October,2003. 0,A"S tttstt Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania J71LY E#, SEAL. Ila ISO? $r MichaelGengler Sern' Vice President State of Illinois,County of Cook,ss: Can this€4th day of October,2003,before me personally carne Michael Clengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL, � ELIZA PRICE ' NOTAW PUMM,STATE OF K.L010M MYN$XPiRED:OZ' 6-----------S My Commission Expires September 17,2(3t}6 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of Ft--b # L- C Continental Casualty Company ` National Fire Insurance Company of Hartford c a at,* a4A° #p An.erican Casualty Company of Reading,Pennsylvania 1tY°e raiz asst ►woas Mary A.R(bikafjkis Assistant Secretary Form F6853-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is trade and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article M Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or{croup Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey--in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a`day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on airy power of attorney granted pursuant to Section 3 of Article LX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or ce#ificate bearing such facsimile signature and sea,shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which itis attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following Lay-Law duly adopted by the Board of Directors of the Company. "Article VT---Execution 4f Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney--in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bands, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the linutatio s set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17s'day of February,2993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE 130AR.D OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory irstnumems of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. !be President,an Executive vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors cif the Company at a meeting duly called and held on the 17' day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." NOTICE In accordance with the Terrorism, Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies o�?which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the f6llowhng companies (collectivdiy the `Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company ofHartford,.American, Casualty Company of Reading, PA,The Firemen's Insurance Company of Newark., INTU, andThe Continental insurance Company. The premzu.xn attributable to coverage for terrorist acts certified under the.Act was Zero Dollars ($0.00). The United States will pay_ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Foam F=7-30 CALIFORNIA LL-PURPOSE ACKNOWLEDGMENT ,- Mate ofCalifornia y ss. ` iJi: % a 4 ' Or '° before rne:.,_ �aw fir_ y g Yana and 7N C',",cer�e g a�:e Cos:vG[sry Pup!lc") erSonaliy appeaCed � vtd Ef 3 s z ^`! " Y `� i�ama(s}of SiSnet{s) ;:�e 'Pona[iy known to?Tse ILi proved to ?Ise on the oaS:S of Satisfactory z eviderice y to be the person(s) whose narne(s) is/are subscri;ed to the ritnin instr>umert and acknowledged to me that h6/s /they executed D� '� t C t S` u� the sa re n lits/ erlthelr authorized 0•t^ ' 1 n ? r t a�a.,iry(Ies„ and that by l€ ,/:heir r Signature(S)on the instriunie't the oerson(s), or Y: the entity upon behalf of which the person(s) acted, executed the instrurnent. x, Wfy�aSS my hand and of ici S fa r: i^ tfs OPTIONAL r ?hough the Irformatlon below is no'required by law,it may prove valuable to parsons relying on the docurnent and could prevent y fraudulent removal and reattachment of this form m another docu'nart. Description of Attached Document Tide or"fype of Document: — — — l�ocif alt:ate: — dumber of mages: Signer(s)Other Than Tamed Above: _ _--_ ��_ v Capacity(les) Claimed by Signer Signer's Name: individual! I Top of Ih rcb here 0 Corporate Officer—Title's):i. 0 Partner---❑ United Cl General I g1t?Urrey-in_FaGt IN El Trustee O Guardian cr Conservator ❑ Other: Signer , ereSentin : �.� J✓`���.,_. ^�"J.:�'.'ysy'a✓, :9s 0 IM tiaS:onal Notary Associations 8350 Ds Sato Ava.,P.O.Box 2402 a Gnatsvmrth.CA 81313-22462•www.nationa,'notay.3rg Rod.No-5907 rRaorder:Cali TW-Fres i-800.6786927