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Home My WebLink About117-83 DANVILLE Town of Danville 542 San Ramon Valley Boulevard Danville, CA 94526 (415) 820-6337 RESOLUTION NO..117-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE Authorizing Acceptance of Instruments Hartz Avenue, between Chruch Street and Short Street IT IS BY THE COUNCIL ORDERED that the following instruments are hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Offer of Dedication DP 3002-83 Lawrence B. Mooney Hartz Ave., for Roadway Purposes & Patricia A. Mooney between Church Street ,~--~ & Short Street Relinquishment of DP 3002-83 Lawrence B. Mooney Hartz Ave., Abutter's Rights & Patricia A. Mooney between Church Street & Short Street PASSED, APPROVED AND ADOPTED this 7th day of November, 1983, by the following vote: AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf NOES: None ABSENT: None ~~~~ MAYO ATTEST: Ci Orig. Dept.: Public Works (LD) cc: Recorder (via LD) then PW Records BO.DAN1107.t11 r ,- ,c, rl . , ' ( ',-' II ~~. l' C ;," "'1 S t a ~ptl.J"'n tQ: "J : .-. .~ t of: t' _i ly I' .';trn ",,,,to County ?u>'~ ic ',~,yks !12Dcltr;,2nt F 1:~ c C: : - rl S ~ ;'; C t ion C', ~" ~,~'" ~" · 0' ';; \,) , ,: . ".'1 ',", '\..i i j ,.'\,,-e:: Vc tov, /1 € R,~ a ci 72 ~:-,-I ~ (: c', I , If v-e;~ ~~~= (0. Road '~JO-:-~!tX.?:~':'~~l-~__ ~,~.J ~','.c,i,""""" ;', 0, " "", '2 "2, - c; c/ _.. ,h.- :;-l-...,..-T''':' ;~'I! VJ. ,.~ '- ~:7 L- fl, S s;:: s S or I s No. .?- (;~,:_~,~3~-.--..:-CI 8 OFFER OF DEDICATION - ROAD PURPOSES ( IndlvlduafJ----n-- (; I ",/ _'- / -" / j I ') '...-' ~ I . , ' " I r \ J i _ ~ -' 1-." :~ 3 '," 1,"/'" \" \,.r\ .,',' . I,'.. I ./ V ' . i ," r 1:{. t r r \ ( . 1 I>.. /).'-, t,V \, .,',f" h ,'.-:~'.... '"1'/ , _.., l ,; L_v ,'-'........ ....... _ hJv \ "~...' . \ \ 1'\: ~. -,"-...-- II" \ . .... ,~.......... I ...."...r ! t r,e- - un derslg-ned ,fle'fn 9 the presen't ,--fTt 1 e c\.:ner-ofre cordof"lh e 'h-e,:~Tn--'~~:s~~-I:Tbed parcel of land, do hel-eby make an irrevocable offer of dedication to the CITY OF DANVIUE, a political subdivision of the State of California, and its cuccessOl~S or assigns, for stl-eet and highway purposes, the real property situated in the CITY OF DANVILLE, County of Contra Costa, State of California, desuihed in Exhibit "1~" (v'ii'itten description) and shov.Jn on Exhibit "B" (plat r'-Iap) cttached hel'eto. It is unc1erstood and agreed that the CITY OF DANVILLE and its succc:ssors or assigns shall incur no liability with respect to such offer of dedication, and shall not 2SSUITI2 any responsibi 1 ity for the offered parcel of land or any improvc- 1Ti(~ n t s the reo nor t h e( e in, un t i 1 s lJ C h Q f fer has bee n a c c e p t e d by a p p)' c; p rid t e action of the City Council, or of the local governinq bodies of its succeSS,QI'S or assigns. The provisions hereof shall inure to the henefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. Iri \.JITNE~SWHE_REOF, these presents have expcuted this instrufllcnt this d f \, """ \,\'/L ay 0 ,_G--,-,-,r--_l ___u_,::..'...:\_~____ . "'l- -, . '~ STATE OF CALIFORNIA '.\ ) !,,-,.. )SS. COUNTY OF__~~J~_-',-'\ :J,-- 'I \ (...\../__ On C3\""-y..,:\.c:.\..~_'~_1c'l ~3 before me /' / / V /7., ' '__!...,.., /1,"/."/.. / ~/ ' __..,~..,..,...... --:.,1/. ,/1.-. -: "?'L- \. / C::2uA'; ~C ~~~~, '-=~ \ --------.-------. ' a Notary Public, in and for said State, personally appeared_~~...,1 <;._,i("<,. ---6." %C"(Y\'\~ ,~\~ €l':~\\U(\.'1 @. ~OCJ\~~ ,known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and ackno\'..ledged to me that \\<'L executed the same. WITNESS my hand and official seal. Dated: '~ \ ~G\ S:S3 _._~--~----~-- Sign atur~""" "-\<~\ o~, \>~ >1"1 (This area for official notarial seal) LD.OF. 6MI. DAN r'f't~il~ TT T r)N A. The Condition of this obligation as to Section 2.(A) above is such ~t if the above bounded principal, his or its heirs, executors, administraLors, s~Jcccs&ors or assigns, shall in all things stand to and abide by, and well and truly keel) and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its 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 City of Danville (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 a part of the obligation secured hereby and in addition to the face amount specifiedtherefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City (or City assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement 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 bound unto the City of Danville and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said 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 fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City (or City assignee) in successfully enforcing such obligation, to ~-~ awarded and fixed by the court, and to be taxed as costs and to be included in the dgement 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 file 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 alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the City shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. POWER OF ATTORNEY No . 0 5 1 3 3 CARLISLE INSURANCE COMPANY 3435 Wilshire Boulevard, Los Angeles, CA 90010 KNOW ALL MEN BY THESE PRESENTS: That this Power of Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY-IN-FACT AND THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * * FIVE HUNDRED THOUSAND DOLLARS * * * USE 0 F M 0 R E T H A NON E POW E R V 0 IDS THE BON D CARLISLE INSURANCE COMPANY, a corporation du1y'organized under the laws of the State of California, and having its principal office in the city of Los Angeles, :State of California, hereby make, constitute and appoint I f , j l , I j of the Ci ty of "SAN FRANCISCO and State of CALIF. , its true and lawful Attorney-in-Fact with full pow~r and authority hereby conferred to sign, seal and deliver in its behalf as surety, any and all kinds of bonds, and to bind CARLISLE INSURANCE COMPANY, hereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of said Company, and all the acts of said Attorney-in-Fact pursuant to the authority hereby given, are hereby ratified and confirmed. PAUL J. KONRATH IN WITNESS WHEREOF, the said CARLISLE INSURANCE COMPANY, has caused these presents to be executed'bY its offi~ers, with its corporate seal affi xed thi s date of lVfARCH 2B, 1983 '. ' STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this date of January 3, 1983 ,before me, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified came FRANK V. McCULLOUGH, President of CARLISLE INSURANCE COMPANY, a California Corporation, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of said Company and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the same instrument by the authority and direction of the said Company, pursuant to the following Resolution adopted January 4, 1982, by the Directors of said Company, and now in force, to wit: "Reso1ved that the President, Secretary or any Vice President shall have the power and authority to appoint Attorneys-in-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, con- tracts of indemnity and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." IN TESTIMONY WHEREOF, I have heteunto set my hand and affixed my official seal at the City of Los Angeles the day and year first written above. ~, CQ')n~ Notary Public This power not valid unless used by December 31, 1983