HomeMy WebLinkAboutRESOLUTIONS - 05152007 - 2007-263 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 15, 2007 by the following vote:
AYES: Gioia,Uilkema, Bonilla,
Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/ 0210 3
SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 97-08100,for
project being developed by John S. Herrington, Walnut Creek area. (District N)
The following documents were presented for Board approval this date:
I. Map
The final map of Subdivision 97-08100,property located in the Walnut Creek area,
Supervisorial District IV, said map having been certified by the proper officials.
H. Subdivision Agreement
A subdivision agreement with John S. Herrington,principal,whereby said principal
agrees to complete all improvements as required in said subdivision agreement
within two years 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
Originator:Public Works(ES)
Contact: S.Gospodchikov(313-2316) taken and entered on the minutes of the Board of Supervisors
KD:vz on the date shown.
G:\EngSvc\BO\2007\05-15\BO-21 SD 97-8100.doc
cc: Public Works–Construction
Current Planning,Community Development
T–March 15,rin 2009 � /V w 7
John S.Herrington ATTESTED: �ia°'V 7-
160 Alderwood Road JOHN CULLEN, Cl c of the Board of Supervisors and
Walnut Creek,CA 94598
Western Insurance Company County Administrator
580 E.Plumb lane
Reno,NV 89502
Old Republic Title Company
2001 North Main Street,Suite 500 By J ,Deputy
Walnut Creek,CA 94596
Attn:Dawn Cabral
RESOLUTION NO.2007/ a63
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SHa bm SNOV467-L 3 ONO-AMV83
R° COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE3'OF COUNTY AUDITOR-CONTROLLER jRra
MARTINEZ, CALIFORNIA
THE TREASURER:
<ECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
e
DESCRIPTION IFUND/ORG SUB TASK OPTIOh ACTIVITY AMOUNT
1
ACCT
Inv 912557 Utility 00065.1 9105 REV 6LO82E 7,173.41
Trust Fund 81.9800 0800 17,276.00
000648 9140 1 56,336.80
" 000649 9665 . 18,894.00
r
77
q
i
Explanation: _ TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY '-4..,,
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT }
PERMIT DP
NUMBER > u
DATE t /t�
ASSIGNED
The amount of money described above Is for easurees receiptofaboveamount is -Receipt of above amount is hereby acknowledged.
•11:1111111101:11111111111111; 1111111111 ounty Treasury _
•I , I I�,.� f., t, ,: s,
Slrfi�,'f., t It -'t,4€ �fiDate a
f4
all, Signed ". Signed:
Till# ai`y?1a '''h EXT. °r. >•*' J'�It r. t. Dwputy Gi=nty Auditor Deputy County Tseasuror
D-34 Rev. (7-93)
,r
819800-0800: 61220359, $1,177.00, SD 8100, Cash Bond, John S.
Herrington, 160, Alderwood Rd., Walnut Creek, CA 94598
819800-0800: G1220359, $16.099.00, SD 04-8905, Cash Bond, Davidon
Homes, 1600 South Main Street, Suite 150, Walnut Creek, CA 94596
0648-9140 / 112200: G1220365, $56.336.80, SD 04-8905, Drainage
Mitigation Fees, Davidon Homes, 1600 South Main Street, Suite 150, Walnut
Creek, CA 94596
0649-9665 / 112300: G1220343, $500.00, R53170, Record of Survey
Review, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA
94526
0649-9665 / 112300: 61220344, $500.00, R53171, Record of Survey
Review, LaMorinda Development, PO Box 2028, Orinda, CA 94563
0649-9665 / 112300: G1220346, M5 05-0003, Mark Rolandelli Const, Inc., 9
Whitfield Ct., Pleasant Hill, CA 94523
$1,550.00 Map Check
$7,440.00 Plan Check
0649-9665 / 112300: G1220348, $500.00, RS 3169, Record of Survey
Review, Larry Hogan, 5122 Pleasant Valley Dr., Mtz, CA 94553
0649-9665 / 112300: G1220350, $500.00, R5 3168, Record of Survey
Review, Bud Simmons, 3859 Joan Ave, Concord, CA 94521
0649-9665 / 112300: G1220358, $1,550.00, MS 05-0020, Map Check
Deposit, Jeffrey Jess, 3845 Camino Diablo Rd., Byron, CA 94514
0649-9665 / 112300: G1220359, $6,354.00, SD8100, Inspection Deposit,
S. Herrington 160 Alderwood Rd.. Walnut Creek CA 9_4.598
1
O O
MDC20040
Premium: $2,91 0�
Any claim under INS Bond should be sere
r the followln address
M.B. McGowan & Associates9p�urr nce A enc Inc.
7250 Redw v 10
_.Novato,CA 4 45
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance,Guarantee and Payment)
(Gov.Cade,§§6649956499.10)
1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreementwith the County of Contra Costa(hereinafter'County')to install and pay
for street,drainage and other improvements in Subdivision III UIJ as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in
the Subdivision Agreement,all In accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision.
Under the terms of the Subdivision Agreement,Principal is required to lumish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and
materialmer,
2- OBLIGATION. John Herrington as Principal and
Western Insurance Company ,acorporation organized and existing under the laws ofthe State of
Nevada and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,
administrators,successors and assigns to the County of Contra Costa,California to pay it
One Hundred Sixteen Thousand Five Hundred Twenty Three and 00/100
(A. Performance and Guarantee) Dollars($ 116,523.00 )for itself or any city
assignee under the above Subdivision
Flft A9 Eight Thousand Eight Hundred Fifty and 00/100
(B. Payment, Dollars($ 58.850.00 to secure the claims to
which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Code of the Stale of California.
3. CONDITION. This obligation is subject to the following condition.
A. The condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal,his or its heirs,executors,administrators,
successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration
thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and
meaning,and shall indemnify and save harmless the County of Contra Costa(or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void:otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any
judgment rendered.
B. The condition of this obligation,as to Section 2.(B)above,Is such that said Principal and the undersigned as corporate surety are held firmly bund
unto the County of Contra Costa and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and
referred to in the aforesaid Civil Code for materials furnished or tabor thereon of any kind,or for amounts due underthe Unemployment Insurance Act with respect to this work or labor,
and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond, will pay,in addition to the lace
amount thereof,costs and reasonable expenses and fees,including reasonable attorney's lees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such
obligation,to be awarded and fixed by the court and to be laxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entitled to rile claims
under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect.
C. No change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to be performed thereunder or any plan
or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given
to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the Principal whenever taken.
SIGNED AND SEALED.. January 23 ,20 07.
Pnmcpn17 John Herrington - sere"; .Western Insurance Company
Address: 160 A1de Address: 580 E. Plumb Lane
Walnut Cre k CA zip: Reno, NV CZip: 89502
By: 3��4_4 ,',S-,
PrintJohn errin on Print Name: Debbie L. Welsh
Title CLI Y AAls., Tine Attorney-in-Fact
(Note:At)signatures m I be acknowledged. F ns,two officers must sign, The first signature must be that of the chairman of the board,president,or rice-president;the-, '
ec signature st that of the secretary, istant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.))
S� Form Approved by County Counsel
(Rev.9103]
1FM,iPNr abAglmpsecacnd 903.xpo
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of CALIFORNIA )
County of MARIN )
On January 23, 2007 before me, DONNA J. FROWD, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared DEBBIE L. WELSH
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s� whose
names) i0= subscribed to the within instrument and acknowledged to me that ate/she/flt q executed the
same in lei-s/her444-r authorized capacity(ps-), and that by 4.4&/her/4ir- signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(S acted, executed the instrument.
WITNESS my hand and official seal. n DONNA FRowD D
1.#Je',469. or
NCTnt'FUSLIC,Ck_IFORNIA
\. 'r.unres October 22.2009 J
Siglla�fk of Notary Public
(Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document The only exception is if a
document is to be recorded outside of California. In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a documem so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signei). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages Document Date • State and County information must be the State and County where the document
$ signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
11 Individual(S)
he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
)Ek Attorney-int-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
CAPA v12.10A5 n bAssociation or Professional Notaries X CSA 800873-9865 wwe'.notanclmnxom
.. I......�2-FiNWWItO.m.D-,
This Power of Attorney is grameli,q e idd by authority of the following Resolutions adopted by the Board of Directors
of the WESTERN INSURANCE COMPA l$on'"June 19,2006.
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,
contracts and other instruments relating to said business may be signed,executed,and acknowledged by person or entities appointed
as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and
on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the
President,or a Vice President,jointly with the Secretary,under their respective designations. The signature of such officers may be
engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject
to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED,that Attomey(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case,
subject to the terms and limitations of the Power of Attorney issued to them,to execute and deliver on behalf of the Company and to
attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof;and any such
instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and
sealed and attested to by the Secretary of the Company.
I,CAROL B.INGALLS, Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a
true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19,2006 and that this Resolution is
in full force and effect.
I,the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this
23rd dayof January 2007 ////•^/
� 0111
oF Secretary
SEAL <
sgrFi994�v'8
No. 07636
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California,
Western Insurance Company
of Reno, Nevada, organized under the laws of Nevada, subject to its Articles of Incorporation or other
fundamental organizational documents, is hereby authorized to transact within this State, subject to all
provisions of this Certificate, the following classes of insurance:
Surety
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
fidl compliance with all, and not in violation of any, of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 20th day of September, 2002,
I have hereunto set my hand and caused my official seal to be
affixed this 20th day of September, 2002.
Fee $3116.00 Harry W. Low
Insurance Commissioner
Rec. No.
Filed 3/2 /02 By Victoria S. Silbury
for Steven Greeny
Certification Deputy Asurance Commissioner
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have
compared the above copy of Certificate ofAuthority with the duplicate of original now on file in my office,
and that the same is a fidl, trate, and correct transcript thereof, and of the whole ofsaid duplicate, and said
Certificate ofAuthority is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and caused my
official seal to be affixed this 14th day of November, 2005 .
John Garamendi
Insurance Commissioner
By PoJ`�1
Pauline D Andrea
I
CERTIFICATE OF ACKNOWLEDGEMENT
State of California,`County of Contra Costa} ss.
On ��i V � before me, Karen K. Piona,
Notary Public 1 \
personally appeared
❑ P sonally known tome
ved to me on the basis of satisfactory evidence.
to be the persowhose nameVis/V6 subscribed to the within instrument and acknowledged
to me that he/s;e/tpey executed the same in his /t�eer authorized capacity�e and that by
his/her/thpd�signaturejK on the instrument the personK, or the entity upon behalf of which the
personK acted, executed the instrument.
KAREN K. PIONA 19
COMM. 1474136
WITNESS my hand and official seal. NOTARrPUBUC-CALIFO IA
I9,
CONTRA COSTA COUNTY ..
My Comm.Expires Mar.2,2008
Karen K. Piona Seal
Description of Attached Document
Document Date: Number of Pages:
Signer(s) other than named above:
Capacity(ies) claimed by signer:
Right Thumb Print
❑ Individual
❑ Corporate Officer- Title(s)
- ❑ Partner-Limited - General
❑ Attorney in Fact
❑ Trustee ,
❑ Guardian or ConsQ vator
❑ Other:
I
VOIDAFTER a P" 2/26/07 1/12/07 OLD$47.00 8100
Tax CollectcPs Office William J. Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P.O. Box 631 Russell V.Watts
Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
�Osr'G'COUl>'�G
Date: 1/12/2007
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# City T.R.A.
8100 WALNUT CREEK 98001
Parcel#: 148-270-054-7
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the map.
The 2006-2007 tax lien has been paid in full. Our estimate of the 2007-2008 tax lien, which
became a lien on the first day of January, 2007 is $4,200.00
This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
The amount calculated is void 45 days from the date of this letter, unless this letter
is accompanied with security approved by the Contra Costa County Tax Collector
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACE ,
Treas rer- x C le t r
By:
COUNTY OF CONTRA COSTA
{ DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
r
C TO THE TREASURER:
RECEIVED FROM
TREASURER -TAX COLLECTOR'S DEPARTMENT ORGANIZATION NUMBER 0015
(Organization) -
625 Court Street., Room 100, Martinez, CA 94553 (For Cash Collection Procedures,see County Administrator's Bulletin 105.)
,+t s'r
? ^'DESCRIPTION, 4' f'p a FUNDIORG ,SUB ACCT TASK"�OPTiiONe ACTIVITY - AMOUNT s-j
Ba a a,��. .F.
,..us.�+.,..*���m�a.....�^: �,.. s2 aE+;., , , a,. u, nri Oren .: &K,>, ,. �,.��3 ...a».x,mx
SUBDIVISION GUARANTEE 831400 0803 4,200.00
EXPLANATION: -
TOTAL DEPOSIT $ 4,200.00
Review required by Contra Costa County Deposit consists of the following items:
Tax Collector after 03104/07 COIN and CURRENCY $
Subdivision Tax Guarantee Tract/MS . 8100 CHECKS, M.O.,etc. $
Used to pay taxes for the fiscal year 2007-2008 BANK DEPOSITS $
JOHN HERRINGTON FOR AUDITOR-CONTROLLER USE ONLY
160 ALDERWOOD RD DEPOSIT PERMIT NUMBER AND DATE
WALNUT CREEK CA 94598 (ti, vt .i f-'Q
925-933-6021
T a ount of moray-descrri6 lab is for -'reakurer's receipt of above amount Receipt of above amount is hereby
dep it int e_C4Qu r pprroved. acknowledged.
Susan Chavez > '7 Deput� ounty Aa itor eputy County Treasurer
Signature Date
Account Clerk-Advanced 7-2830
Title Extension Signature Signature
TNTC DJ4REV.(7-93) T/TC Form Date: 08/25/04
I