HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-574 CONTRA COSTA Co Recorder Office
Recorded at the request of. S l EMM L, EIR€ Clerk-Recorder
Contra Costa County OOC— 2004-0412149-00
Board of Supervisors
Return to. Wed€r**day, OCT 27, 2004 14:03:33
Public Works Department FRE $0.00
Engineering Services Division Tt! P4 $0,00 Nbr-00239948$
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on October 26, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
:RESOLUTION NO. 2004/ 574
SUBJECT: Accepting completion of improvements for Subdivision.Agreement(Right-of-Way
Landscaping) on Bixler Road for Subdivision 00-08456, Byron area. (District III)
The Public Works Director has notified this Board that the improvements in Subdivision 00-
08456 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)
with Pacific/Bowie-Tracy II,heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
CL:rm
G:\G,pData\EngSvc\BO\2004\10-26-04\SD 8456 BO-45 L.doc
Originator- Public Works(ES)
Contact. C.Lau(313-2293)
Recording to be completed by CUB
LD.33-0739602
M. Public Works -T.Heli,Construction Div.
-M.Valdez,M&T Lab I hereby certify that this is a true and correct copy of an
-H.Pinch,Maintenance Div.
-1.Bergeron,Mapping Div. action taken and entered on the minutes of the ward of
-T—April 26,2005 Supervisors on the Bate shown,
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAA-Cartog ATTESTED; Q BER 26, 2004
Pacific/Bowie-Tracy 11
Attn:David Powell JOHN SWEETEN, Clerk of the Board.of Supervisors and
One Corporate Plaza,2nd Floor County Administrator
Newport Beach,CA 92660
American Motorists Insurance Co.
7470 N.Figueroa
Los Angeles,CA 90441
Arch Insurance Company By , Deputy
Alts::Patricia White
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
RESOLUTION NO,2004/ 574
SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right-of-Way
Landscaping) on Bixler Road for Subdivision 4008456, Byron area. (District III)
DATE: October 26, 2444
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the landscape improvements have been
COMPLETED as of October 26, 2404 thereby establishing the six-month terminal period for the
filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping):
DATE OF AGREEMENT NAME OF BANKISURETY
September 10, 2042 American Motorists Insurance Co.
BE IT FURTHER RESOLVED the payment(labor and materials) surety for $117,200.00,
Bond No. 3SM04686500 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 right-of-way landscaping improvements on Bixler
Road are ACCEPTED AS COMPLETE,
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $2,400.00 cash deposit(Auditor's Deposit Permit No. 387891, dated June 11,
2002)made by Pacific/Bowie-Tracy 11,the performance/mainternance surety for$232,000.00,Bond
No. 3 SM04686500 issued by American Motorists Insurance Co.,and Bond Endorsement(Rider)No.
SU6000616, which reduces the performance/maintenance surety to $32,760.00, 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 TV' ''r TV/NCE COMPANY
Band Number : SU 6000616
FORMERLY 3SM04686500
.U.1..+M.1 N i
To be attached to and form a part of SL'DDIVMSION Band, issued by the undersigned company, as
Surety on behalf of PACIFMCIBOVVIE-TRACY H as Principal, in favor of COUNTY OF CONTRA
COSTA as Obligee,
Effective AUGUST 3i 2004, the Principal and the Surety hereby agree to amend the attached bond as
follows:
Surgy, Hereb Chan ed from American Motorists Insurance Com an 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 Band, 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
PACIIIC/I30WrE-TRACY II Arch Insurance Company
tAlII4 u (Principal) — `(Su ty)
y. By: �
DENNIS M. BERRYMA.N PATRICIA M. WHITE, Attorney In Fact
COUNTY OF'CO 7 COSTA
(Obligee)
By:
ObligeeXPleasign dorsement a return to our office.
Endorsement Number:
DIRECT CORRESPONDENCE TO:
ARCH CONTRACTORS&DEVELOPERS GROUP, 135 N.LOS ROBLES AVE..#825, PASADENA,CA 91101
PHONE(626)639-5200•FAX(626)639-5210
ARCH INSURANCE COMPANY
Bond Number : SU 6004616
REPLACES BOND #3SM04686500
ENDORSEMENT
To be attached to and form a part of SUBDIVISION Bond, issued by the undersigned company, as
Surety on behalf of PACIFIClBONVU-TRACY R 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:
REDUCE BOND AMOUNT FROM: ($232, 000 . 00) TWO HUNDRED THIRTY THREE THOUSAND
& NO/100.
NN6�13RND AMOUNT: ($32 , 760 . 00) THIRTY TWO THOUSAND SEVEN HUNDRED SIXTY &
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-TRACY Il Arch Insurance Company
{t4�t (Principal) \ (Surety)
DENNISBy: By:�3
M. BERRYMAN PATRICIA M. WHITE, Attorney In Fact
COUNTY O ONTRA COSTA
(Obligee)
By.
Obligee: PI sign en rsernent and return to our office.
Endorsement Number: 1
DIRECT CORRESPONDENCE TO:
ARCH CONTRACTORS 8 DEVELOPERS GROUP, 135 N.LOS ROELES AVE.,#625,PASADENA,CA 91101
PHONE(626)535-0855•FAX(626)535-0675
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On AUGUST 4. 2004 before me TIMOTHY Q. FRANK NOTARY PUBLIC
personally appeared PATRICIA M. WHITE
personally known to me -OR - proved to me on the basis of satisfactory evidence
the person(a� whose name(al is/afe subscribed to
the within instrument and acknowledged to me that
h #
e/shelt4ey executed the same in rislher/l it
lddcxnh7lM0AWy6Jy authorized ca acit aas., and that by 4is/her/their
;<rtMUM#1443101 signature(e) on the instrument the person(e), or the
Notary Pubic a CONOgft entity upon behalf of which the person(s�acted,
0(mw COU*
�IMCk�tnrsswasexecuted the instrument.
WITNE S my hand and official 2eal.
Notary Public Seal
SIGN URE Or NOTARY
OPTIONAL.
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT.
TITLE OR TYPE OF DOCUMENT: BOND RIDER
DOCUMENT DATE: AUGUST 4 2004
CAPACITY(IES) CLAIMED BY SIGNER(S)
Signer's Name. PATRICIA M. WHITE Signer's Name—N/A
EINDIVIDUAL EINDIVIDUAL
E]CORPORATE OFFICER 7CORPORATE OFFICER
Title(s) Title(s)
PARTNER(S)11 LIMITED [] GENERAL 11 PARTNER(S)7 LIMITED IJ GENERAL
ATTORNEY-IN-FACT ATTORNEY-IN-FACT
TRUSTEE(S) 7 TRUSTEE(S)
7 GUARDIAN/CONSERVATOR 7 GUARDIAN/CONSERVATOR
E1 OTHER: 11 OTHER:
Signer is representing: Signer Is representing:
NAME OF PERSON(S)OR ENTITY(IES) NAME OF PERSONS;OR ENTITY(IES)
ARCH iMa�JRANCE, CQ?MPANY
POWER OF ATTORNEY
•
Know All Men 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. Co€zani, Paul C. Hughes, and Patricia M. White of South Coast Metro, CA(EACH)
its true and lawful Attorneys)-in-Pact, to snake, execute, seal, and deliver from the date of issuance of this power for and
an its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
s
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 duller limit 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 presents shall be as:binding upon the said
Company as fully.end,amply to all Intents and purposes, as if ttie same had baet ddiv xecitted 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 adapted 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 tiled with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,.
and to authorize them 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 bond executed pursuant to the
resolution adopted 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.
00ML0013 00 03 03
Fuge 1 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 ' 2003
Arch Insurance Company
Attested and CertifiedCORPOUT1 46
•
once
� eut
Missouri
Joseph S. L 1,Corporate Secretary Thomas P. Luckstone,Vice President
STATq OF CONNECTICUT SS
COUNTY OF FAIRFIELD SS
I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell 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 acknowledged that they being thereunto duly
authorized signets, 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.
OFFLCOL SEAL
MELISSA 8,GUIfiAN,.Wtary Nbtit
Slate of ConnedLartMelissa . G€I€gan, Nota�udlic /
My Commission Expims Febru 28,20x5 My commission expires 2-28-05
CERTIFICATION
1, Joseph S. Labell, 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 force and effect on the date of this certificate;
and I do further certify that th'e 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, € have hereunto s abscribed my name and affixed the corporate seal of the Arch Insurance
Company on this t ., day of 20 .
Joseph SX e€€, 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.
f)Van
cE
1fT L
MISSenri
Home Office. Kansas City, MO
OOML0013 00 03 03
Page Z of 2 Printed in U.S.A.
__
CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT
l
State of California .
ss.
County of grange
On October 5, 2004 before me, Julie Edmiston
� Date Nama and Title of Officer 10 g-"lone Doe,Notary Public"
personally appeared Dennis M. Berryman
Names)of Signii
X personally known to me
F proved to me on the basis of satisfactory
evidence
to be the persons) 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
t�MtSti7ON capacity(ies), and that by his/her/their
Ccxr�mi�ivn� N083 signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
C mngo County acted, executed the instrument.
MYL",onf[n. Dsc�b,
WITNESS my han d official seal.
I
Place Notary Seal Above Signature of Notary Public
r; OPTIONAL
f1 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
tis Title or Type of Document:
i
6 Document Date: Number of Pages: �
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: �(
i� ❑ Individual i`Top of thumb here
C7 Corporate Officer—Title(s):
❑ Partner®-❑ Limited ❑General 1
C Attorney in Pact
E. Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
i
I
0 1999 NaliionW Notary Aasociation•8350 De Soto Ave.,P.O.Box 2402 Chatsworth,CA 91313.2402•www.nalionalnotary.org Prod.No.5907 Reordor Cat Tbi;.Free 1.800876.6827
Recording Requested by: OONTRP COSTA Co Recorder Office
STEPHEN �, WEIR, Clerk-Recorder
First American Tide Guaranty Co. DCC— 2001--0345487--00
Acet 6- First American Title
When .Recorded Mail To: Friday, NOV 09, 2001 08:00:00
Paerfic/Bowvie-Tracy � MIC $1.00 MOD $4.00 REC $8,00
TCF $3.00
One Corporate Plaza -Ttl Pd $16,00 Nbr-0000605946
Newport Beach, CA 92660 maw/R2/1-4
ATTN: Stephen R. Bowie
STATEMENT OF PARTNERSHIP AUTHORITY
TITLE OF DOCUMENT
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR. RECORDING INFORMATION.
(GOVT. CODE 2736L6)
(Additional recording fee applies)
34S487
d�
7 :1'
� 1
SECRETARY OF STATE �
1, 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,, I execute this
certificate and affix the Creat Seal of
the State of California this day of
OCT 2001
JIM
1 }
x,
Secretary of State
Sec/Is—I. Porn CE-706!rev.6196)
r.4a� f. `ate of cathmIc
r
34548i1
Csectetatp of tate Form GP-1
+t era•"` itt V tleY
STATEMENT CSP PARTNERSHIP AUTHORITY
IMPORTANT— Mead instructions on back before completing farm.
NAME OF PARTNERSHIP
Pacific/Bowie--Tracy II
STREET ADDRESS OF CHIEF EXECUTIVE OFFICE CITYISTATEICOUNTRY ZIP CODE
One Corporate Plaza Newport Beach, CA 92660
STREET ADDRESS OF A CALIFORNIA OFFICE,IF ANY CITY ZIP CODE
One Corporate Plaza Newport Beach CALIFORNIA 92660
® A. LIST THE FUL.NAMES AND MAILING ADDRESSES OF ALL PARTNERS OR: 0 B. STATE THE.FULL NAME AND MAILING ADDRESS OF AN AGENT
APPOINTED(ATTACH A004TIONAL PAGES,IF NECESSARY) AND MAINTAINED BY THE PARTNERSHIP WHO WELL MAINTAIN A
LIST OF THE NAMES AND MAILING ADDRESSES OF ALL PARTNERS.
NAME: Pacific Development Group II, a
California general partnership NAME:
ADDRESS: One Corporate Plaza ADDRESS:
cITY Newport BeaC4TATE1COUNTRY: CA ZIP CODE: 92660 CITY:
NAME Stephen R. Bowie, Trustee of the STATE/COUNTRY:
Stephen Bowie Family Trust ZIP CODE:
ADDRESS. One Corporate Plaza
CIiY: Newport BeaCbLTATEICOUNTRY: CA ZIP CODE: 92660
NAfr(ES,DF AIL PAF;7NERS� CIT({ORIZ FCIF X>~O TG fIVSTRt7MENT5 TRANSFERRIN: REAL PROPER'T'Y HELD IN THE NAME OF THE.PARTNERSHIP (ATTACH
01-t NAL'_AGES,",I NECE XSARY)
PARTNER NAME: Stephen R. Bowie, Trustee PARTNERNAME: ,Pac`if.ic D'evelopmen :G.roup :IT
PARTNER NAME: PARTNER NAME;
of the Stephen Bowie Family Trust a Californi'a' t:
rnia general partnership
PARTNER NAME, PARTNER NAME:
OTHER MATTERS,IF ANY: (ATTACH ADDITIONAL PAGES,IF NECESSARY)
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 ANO CORRECT.
302000048029
-2/7 /00 7 FILE:#
SIGN TUR OF PARTNER DATE EXECUTED (^
!0(7CUMEtjI7#
Stephen R. Bowie, Trustee of Orange County, California
�'VK P enD ti ieE amity Trust
COUNTYANI]srAT EXECUTED
FI LEG
the C"Ce of iov Se Mta'y of Stato
SIGNATURE OF PARTRIE-R DATE EXECUTED of the State of Ca€llomia
See attached FEB 14 2000
i y'-t OR PRINT NAME OF PARTNER COUNTY AND STATE EXECUTED
RETURN TO: v
u;LL J0111"
1 S,S t,ry C.
NAME. Dennis M. Berryman
ADDRESS
One Corporate Plaza
csTy Newport Beach STATE/COUNTRY: CA / USA ZIP CODE: 92660
341,34S7
ATTACHMENT TO
STATEMENT OF PARTNERSHIP AUTHORITY
FOR
PACIFICIBBOWIE - TRACY 11
Continuation of Item No. 8
Pacific Development Group 11,
a California general partnership
By: L fir'C O
DerinEs:M."Berryman, Trustee Gate Executed
of the Berryman Family Trust
By:
Am K. ragman, Trustee Date E ecuted
of the Arn K. Youngman Trust
Change County, California
County and %tate Executed
502000048029
'
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: October 26, 2004
SUBJECT: Accepting completion of improvements for Subdivision Agreement (Right-of-Way Landscaping)
on Bixler Road, Subdivision 00-08456.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS):
ADOPT Resolution No. 2004/ 574 for Subdivision 00-08456, accepting completion of improvements for
Subdivision Agreement(Right-of-Way Landscaping)on Bixler Road,being developed by Pacific/Bowie-Tracy II,
Byron area. (.District.III)
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 installation of road improvements, including the
construction of landscaped median islands. The developer has complied with these conditions.
CONSEQUENCES OF NEGATIVE ACTION:
If the action is not approved, the County will not assume maintenance of the landscaping and will require the
reversal of landscape district annexation.
Continued on Attachment: SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
�XPPROVE --OTHER
SIGNATURE S -
ACTION OF BOAO ON QCTMM 260 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 8456 Order L.doc
Orig.Div: Public Works(ES; Board of Supervisors on the date shown.
Contact: Frank Navarro(313-2264)
cc: Public Works -T.Hell,Construction Div,
M.Valdez,M&T Lab
-H.Finch,Maintenance Div,
1.$Ap�26,Mapping
2005 gD" ATTESTED: OCTOBER 26, 2004
Sheriff-Patrol Div.Cofrvnander
CHP,ricA! JOHN SWEETEN, Clerk of the Board of
CSAA—Cartog
Pacif c/Uwie-Tracy 11 Supervisors and County Administrator
Attn:David Powell
One Corporate Plus,2a6 Floor
Newport Beach,CA 92660
Amencaa Motorists Insurance Co.
7470 N.Ftgovoa
Los nce Con, an 40041 By ' Deputy
Arch Insurance Company
Attn:Patricia Wbdte
135 N.Los Robles Ave.,#825
Pasadena,CA 91101