HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-573 '��` ` Illl ISI lil II VIII II II I � I�
i l l! VIII
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder •
Contra Costa.County DOC— 2004-0412118-00
Board of Supervisors Wsdrirt�da
Return to: Y, OCT 27, 2004 14:04:18
Public works Department FRE $0.00
Engineering Services Division T4l Pd $0,00 Nbr-00023994$5
1rc/RS/1-13
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 26, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 573'
SUBJECT: Accepting completion of public improvements and declaring certain roads (the
widening ofBixler Road) as county roads, Subdivision 8456, Byron area. (District
III)
The .Public Works Director has notified this Board that the public improvements in
Subdivision 8456(the widening ofBixler Road)have been completed as provided in the Subdivision
Agreement with Pacific/Bowie-Tracy II,heretofore approved by this Board in conjunction with the
filing of the Subdivision Map.
CL:rm
G:\GrpData\EngSvc>BO'aOO4110-26-041SD 8456 BO-45.doc
Originator: Public works(PS) I hereby certify that this is a true and correct copy of an
Contact: C.Lau(313-2293) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.33-0739602 Supervisors on the date shown.
CC: Public works -T.Hell,Construction Div.
-M.Valdez,M&T Lab
-H.Finch,Maintenance Div. ATTESTED: OCTOBER 26, 2004
-I.Bergeron,Mapping Div.
_T_.April 26,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and
Sheriff Patrol Div.Commander County Administrator
CHP,c/o Al
CSAA—Cartog
Pacific/Bowie-Tracy 11
Attn:David Powell
One Corporate Plaza,2"d Floor By-- y a/( f
ai4rCt-- ,Deputy
Newport Beach,CA 92660
American Motorists Insurance Co,
7470 N.Figueroa
Los Angeles,CA 90041
Arch Insurance Company
Attn:Patricia white
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
RESOLUTION NO.2004/ 573
SUBJECT: Accepting completion of public improvements and declaring certain roads (the
widening of Bixler Road) as county roads, Subdivision 8456, Byron area. (District
III)
DATE: October 26, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the public improvements have been
COMPLETED as of October 26, 2004 thereby establishing the six-month terminal period for the
filing of liens in case of action under said Subdivision Agreement:
f
DATE OF AGREEMENT NAME OF BANKISURETY
August 13, 2002 American Motorists Insurance Company
BE IT FURTHER.RESOLVED the payment(labor and materials) surety for$459,850.00,
Bond No. 3SM04670400 issued by the above surety be RETAINED for the six month lien
guarantee period until April 26, 2005, at which time the Clerk of the Board is AUTHORIZED to
release the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the widening of Bixler Road is ACCEPTED and
DECLARED to be a County road,the right-of-way was conveyed by separate instrument,recorded
on August 29, 2002 , in Book 446 of Maps on Page 43.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$9,200.00 cash deposit(Auditor's Deposit Permit No. 387224 ,dated May 30,
2002)made byPacific/Bowie-Tracy II,the performance/maintenance surety for$910,503.00,Bond
No. 3 SM04670400 issued by American Motorists Insurance Company, and the Bond Endorsement
(Rider)No. SU6000613,which reduces the performance/maintenance surety to 5128,755.45,issued
by Arch Insurance Company,be RETAINED pursuant to the requirements of Section 94-4.406 of
the Ordinance Code until release by this Board.
`� ✓ ARCH INSURANCE COMPANY
Bond Number : SIJ 6000613
FORMERLY 3SM046704N
ENDORSEMENT
To be attached to and form a part of SUBDIVISION Bond, issued by the undersigned company, as
Surety on behalf of PACIFIC/BOWIE-TRACY II as Principal, in favor of COUNTY OF CONTRA
COSTA as Obligee,
Effective AUGUST 3, 2004, the Principal and the Surety hereby agree to amend the attached bond as
follows:
Surety Hereby Changed from American Motorists Insurance Company to Arch Insurance
Company
All else remains the same.
Provided that the liability under this endorsement shall be part of, and not in addition to, the liability
under the attached Bond, and in no event shall be cumulative.
Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of
this bond except as above stated.
SIGNED, SEALED, DATED: AUGUST 4, 2004
PACIFIC/BOWIE- 'RACY II Arch Insurance Company
(Surety)
By: �`` By: s
PATRICIA M. WHITE, Attorney In Fact
>PleasgnCeindors<emend
TY OF COU. OSTA
(Obligee)
AW By
Oburn to our office.
Endorsement Number:
DMECT CORRESPONDENCE TO:
ARCH CONTRACTORS&DEVELOPERS GROUP, 135 N.LCIS RCBLES AVE.,#825,PASADENA,CA 9 1101
PHONE(625)639-5200•FAX(626)639-5210
ARCH INSURANCE COMPANY
Pond Number : SU 6000613
FORMERLY 3SM04670400
CORRECTED ENDORSEMENT
ENDORSEMENT
To be attached to and form a part of SUBDIVISION Bond, issued by the undersigned company, as
Surety on behalf of PACIFIC/BOWIE-TRACY H as Principal, in favor of COUNTY OF CONTRA
COSTA as Obligee,
Effective AUGUST 3, 2404, the Principal and the Surety hereby agree to amend the attached bond as
follows:
REDUCE BOND AMOUNT FROM: ($910,503.00) NINE HUNDRED TEN THOUSAND FIVE
HUNDRED THREE&N01100.
NEW BOND AMOUNT: ($128,755.45) ONE HUNDRED TWENTY .EIGHT SEVEN HUNDRED
FIFTY.FIVE&45/100.
All else remains the same.
Provided that the liability under this endorsement shall be part of, and not in addition to, the liability
under the attached Bond, and in no event shall be cumulative.
Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of
this bond except as above stated.
SIGNED,SEALED,BATED: SEPTEMBER 27,2004
PACIFIC/BOWIE-TRACY H Arch Insurance Company
(Principal) Surety)
By: -— By:
DENNIS M. BERRYMAN PATRICIA M. WHITE, AttorneylnFact
COUNTY OF CO COSTA
(Obligee)
Oblige ease sign endorsement and return to our office.
Endorsement Number:
DIRECT CORRESPONDENCE TO:
ARCH CONTRACTORS&DEVELOPERS GROUP,138 N.LOS ROSLES AVE.,#825, PASADENA,CA 91101
PHONE(626)639-5200•FAX(626)639-5210
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
Can AUGUST 4 2004 before me TIMOTHY D. FRANK NOTARY PUBLIC
personally appeared PATRICIA M. WHITE
(� personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence
the person($]whose name(sl is/s ubscribed to
the within instrument and acknowledged to me that
4elshe/t4ey executed the same in A+s/her/t4eir
"—' .F"W authorized capacity(lsej, and that by is/her/the*
C+tNxUflliiiM N 14U101 signature(s)on the instrument the person(&), or the
entity upon behalf of which the persons' acted,
190101veant"LIN10*0 executed the instrument.0012k —
WITNESS my hand and official seal.
Notary Public Seal
SICSNAT E OFNOT RY
OPTIONAL
Though the data below is not required by taw,it may prove valuable to persons reiying on the document and could prevent fraudulent reattachment of this farm,.
DESCRIPTION OF ATTACHED DOCUMENT:
TITLE OR TYPE OF DOCUMENT: BOND RIDER
DOCUMENT MATE: AUGUST 4 2004
CAPACITY(IES) CLAIMED BY SIGNER(S)
Signer's Name: PATRICIA M. WHITE Signer's Name N/A _
❑INDIVIDUAL ❑1NdIVIDUAL
❑CORPORATE OFFICER ❑CORPORATE OFFICER
Title(s) Title(s)
❑ PARTNER(S)❑LIMITED ❑ GENERAL ❑ PARTNER(S)❑LIMITED ❑1 GENERAL
ATTORNEY-IN-FACT ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) ❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR ❑ GUARDIAN/CONSERVATOR
❑! OTHER: ❑ OTHER:
Signer is representing: Signer Is representing:
NAME OF PERSON(S)OR ENTITY(IES) NAME OF PERSON(S)OR ENTITY(IES)
ARCH INSURANCE -WMPANY
POWER OF ATTORNEY
Know All Man By These Presents:
That the Arch insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint
Michael J. Colxani, Paul C. Hughes, and Patricia M. White of South Coast Metro, CA(EACH)
its true and lawful Attorneys)-in-Fact;to make, execute, seat, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any,promissory note,check, draft or letter.of credit.
This authority does not permit the same obligation to be split into two.or more bonds in order to bring each such.bond
within the dollar Ilmit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bands and undertakings in pursuance''of these presacits shall be as binding upon the said
Company as fully anq,amply to all.intents,and purposes, as if the same had'beeH-dui executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri. " �
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,.
and to authorize thein to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified 'by facsimile under and by authority of the following resolution
adopted by the unanimous;consent of the Board of directors of the Company.on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bund executed pursuant to the
resolution adapted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOMLOO13 00 03 073
Page I of 2 Printed in U,S,A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 18 day of July , 20 03
Arch Insurance Company
Attested and Certified
cll
mrxsaare �
Illaaa➢rl 001,
Joseph S.L i,Corporate Secretary Thomas>P. Luckstone,Vice President
STATE,OF CONNECTICUT SS
COUNTY OF FAIRFIELD SS
I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labatt personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowiedged that they being thereunto duty
authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth. .
OFFiCfk SEAL
MSJSM B,GILLIGAN,.Wtary Public
StatesafConrEeclicutMeiissa . GIIlrgan, Notary Public
My Corrxnissim gg?p s Febru 28,2005
My commission expires 2-28-05
CERTIFICATION
I, Joseph S. Labatt, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated July 18..2003 on behalf of the person(s)as listed above is a true and correct copy and that
the same has been in full force and effect since the date thereof and Is in full farce and effect on the date of this certificate;
and I do further certify that the said Thomas P.Luckstone, who executed.the Power of Attorney as Vice President,was on
the date of execution.of the attached Power of Attorney-the duly elected Vice President of the Arch insurance Company,
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this. I . day of
Joseph S eII, Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
$�aonce t
.c 00100 t
tS s9
yin
iEisa➢➢d
Home Office: Kansas City, MO a
OOML0013 00 03 03
Page 2 of 2 Printed in U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
on September 30, 2004 before me, Julie Edmiston i
`i
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pubiic")
personally appeared Tennis M. Berryman
Names)of Signer(s) )
i R]personally known to me )
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
Am VDIM1670111111 capacity(ies), and that by his/her/their
Con"Vo Mar,014634" signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
omw COU*
mvc*".how Doe 26. anted, executed the instrument.
(WITNESS my handnd official seal.
Place Notary Seat Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
0 individual
TP
of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
rI
Signer Is Representing:
1
)
0 1999 Nation&!Notary Amoctinion•SW Do Sora Ave.,P.O.Boz 2402•CtAtsworth,CA 91313.2402•wwmnationair otary.org Prod,No.5907 Reorder:Ca11 ToA"Free 1.800.876-6827
Recording Requested by. CONTRA COSTA Co Recorder Office
STEPHEN Ls WEIR, Clerk-Recorder
First American. Title Guaranty Co. DOCS-- 001-0345487--00
Aasct 6— First American Title
When Recorded Marl To: Friday, NOV 09, 2001 08:00:00
Pacic/Bowie-Tracy II TCF $3.0 qac a, , �c .
00
fi
One Corporate Plaza -Ttl Pd $16,00 Nbr-0000605946
Newport Beach, CA 92660 mato/R2/1_4
ATTN• Stephen R. Bowie rxAlo ofr"� '%�'l
STATEMENT OF PARTNERSHIP AUTHORITY
TITLE OF DOCUMENT
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION,
(GOVT. CODE 2736L6)
(Additional recording fee applies)
34548!
s
_�.�.�r..�......_�._.._ A _
st
r 4
SECRETARY OF STATE 'r
I, BILL JONES, Secretary of State of the State of California,
hereby certify.
That the attached transcript of - page(s) was
prepared by and in this office from the record on file, of
which it purports to be a copy, and that it is full, true
and correct.
IN WITNESS WHEREOF,, 1 execute this
certificate and affix the Great Seal of
the State of California this day of
OCT 1 8 2001
r4 �
8 r. Secretary of State
SecJStaie Form CE•1De7;ray.B/9$)
`ate of CaL�t�ri� _
o M r� r ¢¢z�rt� #� 3454S r
1ectttatp of Mate Form GP-1
ril trb#�♦ 7Li7��� \l�l��IJ
STATEMENT OF PARTNERSHIP AUTHORITY
IMPORTANT-- Read instructions on back before completing form.
NAME OF PARTNERSHIP
Pacific/Bowie-Tracy II
STREET ADDRESS OF CHIEF EXECUTIVE OFFICE CITYISTATEICOUNTRY ZIP CODE
One Corporate Plaza Newport Reach, CA 92660
STREET ADDRESS OF A CALIFORNIA OFFICE,IF ANY CITY ZIP CODE
One Corporate Plaza Newport Reach CALIFORNIA 92660
A. LIST THE FULL NAMES AND MAILING ADDRESSES OF ALL PARTNERS OR: o B. STATE THE FULL NAME AND MAILING ADDRESS OF AN AGENT
® APPOINTED(ATTACH ADDITIONAL PAGES,IF NECESSARY) AND MAINTAINED BY THE PARTNERSHIP WHO WILL MAINTAIN A
LIST OF THE NAMES AND MAILING ADDRESSES OF ALL PARTNERS.
NAME: Pacific Development Croup II, a NAME:
California general partnership
ADDRESS: One Corporate Plaza ADDRESS:
CITY' Newport BeaClkTATEICOUNTRY: CA ZIP CODE: 92660 CITY:
Stephen R. Bowie, Trustee of the STATEICOUNTRY:
NAME Stephen Bowie Family Trust ZIP CODE:
ADDRESS: One Corporate Plaza
CITY: Newport BeaChTATEICOUNTRY'. CA ZIP CODE: 92660
NAMES OF ALL PARTNERS AUTHORIZED TO EXECUTE INSTRUMENTS TRANSFERRING REAL PROPERTY HELD IN THE NAME OF THE PARTNERSHIP (ATTACH
ADDITIONAL.PAGES,IF NECESSARY)
PARTNERNAME. Stephen R. Bowie, Trustee PARTNER NAME: Pacific Development Croup II
PARTNER NAME:
of the Stephen Bowie Family Trust PARTNER NAME: a California general partnership
PARTNER NAME• PARTNER NAME'
OTHER MATTERS,IF ANY: (ATTACH ADDITIONAL PAGES,IF NECECSARY)
NUMBER OF PAGES ATTACHED,IF ANY:
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE For Secretary Of State Use
FOREGOING IS TRUE AND CORRECT.
/ 302000048029
�I ��C,1 (� FILE#
SIGN TUR OF PARTNER DATE EXECUTED SCJ
DOCUMENT#
Stephen R. Bowie, Trustee of Orange _County, California
7YP ORP INT AME O PAR,TNE • COUNTY AND STATE EXECUTED
-
,h
S ep�en iowie Family Trust
the Office of 5,,e Secretary of Stato
s1GNATURE OF PARTNER DA EXECUTED � Of the Staff of C�l,tomia
See attached FEB 14 2000 .
TYPEORNM OF PARTNER COUNTY AND STATE EXECUTED
RETURN TO:
NAME. Dennis M. Berryman G I LL J 0 N I,4S !a ry ef
ADDRESS: One Corporate Plaza
CITY: Newport Beach STATEICOUNTRY. CA / LISA ZIP CODE: 92660
345487
•
ATTACHMENT TO
STATEMENT OF PARTNERSHIP AUTHORITY
FOR
PACIFICIBOWIE -TRACY II
Continuation of Item No. 8
Pacific Development Group tl,
a California general partnership
By:
Dennis i. Berryman,Trustee Date Executed
of the Berryman Family Trust
By, _
Arra K. ragman, Trustee Date ecuted
of the Arn K. Youngman Trust
Orange County,California
County and State Executed
302000048020
E%D 0f DOCUMEN' + OF,y�,
4
TO: BOARD OF SUPERVISORS
FROM: MAU'RICE M. SHIU, PUBLIC WORKS DIRECTOR. �►
DATE: October 26, 2004
SUBJECT: Accepting completion of public improvements and declaring certain roads (the widening of
Bixler Road) as County roads. Subdivision 00-08456.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 573 for Subdivision 00-08456,accepting completion of public improvements and
declaring certain roads(the widening ofBixler Road)as County roads,being developed by Pacific/Bowie-Tracy II,
Byron area. (District III)
t
FISCAL IMPACT:
There is no impact to the General Fund. The County has not funded any of the improvements related to this action.
The improvements were constructed by the developer with oversight by the County.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Conditions of Approval for this subdivision required the construction of road and drainage improvements. The
developer has satisfied this condition.
CONSEQUENCES OF NEGATIVE ACTION:
If the action is not approved, the developer will not begin the warranty period and improvements will not be
accepted as complete.
Continued on Attachment: SIGNATUR
ECOMMENIIATION OF COUNTY ADMINISTRATOR
_T RECOMMENDATION OF BOARD COMMITTEE
✓A'P'PROVE OTHER
r r
SIGNATURE S -' .e: ,
ACTION OF BOXRb ON �=RER 26-, 2004 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
G:\GrpData\EngSvc\BO\2004\10-26-04\SD 8456Order.doe Board of Supervisors on the date Shown.
Orig,Div: Public Works(ES)
Contact: Frank Navarro(313-2264)
ce: Pub;tic Works •T.$ell,Construction Div.
M.Valdez,M&T Lab
1.Bergech,ron,n,Mapping Div.. ATTESTED: OM$ER 26> 2004
-I.Bergeron,Mapping Div.
T-April 26,2005
Sheriff-Patrol Div.Cor:vtavider JOHN SWEETEN, Clerk of the Board of
CHP,c/o Al
CSAA-ung Supervisors and County Administrator
Paci&,Sowie-Tracy II
Attn:David Powell
One Corporate Plaza,2n°Floor
Newport Beaon.,CA 92660
American Motorists Insurance Co,
7470 N.FigAngeles,
By Deputy
Loss Angekea,CA CA 90041
e
Arch Insurance Company
Attn:Patricia White
135 N.Los Robles Ave.,11825
Pasadena,CA 9 k 101