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HomeMy WebLinkAboutReso 1983-11362 'ift:CORDING REQUES~ t10V AND &lAJLTO: . "'-, s;ase i\c:LUm TOt....". ,nie'M. Fulasz, City Oerk P. O. Box 1087 ula Vista, California 92012 . 1795 83-307Q~8: j--.- '''J'' - -'fd~L()~'Dl:.b ~lt .:;::.::~: orFICIi\L HCr:liHhS ~. OF SMj ["reG COllil1 y, t,\ I RESOLUTION NO. 11362 i983 AUG 30 Ml 9: 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF qHu.r.AtJ3{, i,.Ic/};.~,.. I VISTA APPROVING MAP OF CHULA VISTA TRACT 80-5 dNi1!U)tI, ""',J:..ULI\ I ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS ~. AND OPEN SPACE LOTS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVE- MENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAME NO fE~;;;. . .~ A~' .~, I' -" ,- \~ " The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract 80-5 Unit A, El Rancho Del Rey 6A and more particularly described as follows: Being a subdivision of portions of Quarter Sections 62, 63, 69 and 70 of Rancho de la Nacion in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County on May 11, 1869. No. of Lots: 111 Area: 66.065 acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Cassia Place, Mesa Place, Redbud Place, Chestnut Court and portions of Beechglen Drive, paseo Del Rey, Arroyo place and East "J" Street, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council accepts Lots A and B. in fee for open space purposes. BE IT FURTHER RESOLVED that said Council hereby accepts On behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage, street tree planting, sidewalk ramp and pedestrian access, open space and public utilities, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. ....... " . '., -..... 1796 BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets and Lots A and B are accepted on behalf of the public as heretofore stated, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, street tree planting, sidewalk ramp and pedestrian access, open space and public utilities as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain subdivision improvement agreement dated the 17th day of August, 1983, for, the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. ' BE IT FURTHER REsoiNED that the Mayor of the Ci ty of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by /s/ John P. Lippitt John P. Lippltt, City Engineer , ,'~J7??r/eV I. !ri11/}"./ ~ omas J. Harron, Acting City Attorney J<-tl3t;..... ~....,. . 1797 JLA VISTA, CALIFORNIA, this 83 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 23rd day of August , by the following vote, to-wit: Malcolm, Cox, Moore, McCand11ss, ,Scott Councilmen ES: YES: STAIN: SENT: Councilmen None ~ Councilmen None ':' Councilmen None Isl Gregory R. Cox Mayor of the City of Chula Vista TEST Isl Jennie M. Fulasz City Clerk - HE OF CALIFORNIA ) JNTY OF SAN DIEGO ) s s , Y OF CHULA VISTA ) I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO.11362 ,and that the same has not been amended or repealed, rED August' 24, 1983 (seal) ~ ~JJ c;p-~ ~ City CierI( -660 " 1798 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of A",,"~t , 19 JU_,.' by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and EL RANCHO DEL REY CORPORATION, 690 Otay Lakes Road, Chula Vista, California 92010, hereinafter called "Subdivider"; WIT N E SSE T H : WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed SUbdivision, to be known as EL RANCHO DEL REY UNIT 6A pursuant to the provision of the SUbdivision'Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision maps, and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereof, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and / WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improve- ment required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No.10103 , approved on the 27th day of May , 1980 , and Form No. CA--410 Revised 12/82 ;t?- /r 3{;~ -1- 1799 WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared, submitted to and approved by the City Engineer as shown on Drawings No. 83-37 through 83-49 inclusive on file in the Office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City, in the amount of NINE HUNDRED THIRTY-SIX THOUSAND DOLLARS AND NO CENTS ($936,000.00) NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider agrees to comply with all of the require- ments of the tentative map resolution; to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvements and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor" all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the required improvements, and that Subdivider has installed or will install temporary street, name signs if permanent street name signs have not been' installed. 3. It is expressly understood and agreed that Subdi- vider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the third anniversary date of the recordation of the map of said sUbdivision. 4. It is expressly understood and agreed that Subdi- vider will perform said improvement work as set forth hereinabove or that portion of said improvement work serving any buildings or structures ready for occupancy in said subdivision prior to the issuance of any, certificate, of clearance for utili ty connections for said buildings or structures in said sUbdivision, and such certificate shall not be issued until the City Engineer has certi- fied in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. -2- ie'-//36,,2.- 1800 5. It is expressly understood and agreed to by Subdi- vider that, in the performance of said work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FOUR HUNDRED SIXTY-EIGHT THOUSAND DOLLARS AND NO CENTS ($468,000.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FOUR HUNDRED SIXTY-EIGHT THOUSAND DOLLARS AND NO CENTS ($468,000.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security in the sum of FIFTEEN THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($15,600.00) to secure the installation of monuments, which security is attached hereto, marked Exhibi t "C" and made a part hereof. 9. It is further agreed that,if the public improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the comple- tion of the public improvements within said subdivision in accordance with the specifications contained herein. Upon certi- fication of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for 'the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -3- ,e -1/3 6..2-- 1801 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) ircurred by City in connection with the approval.of the improvement plans and installation of public improvements hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall have deposited with City a sum of money sufficient 'to cover said cost. 12. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alley, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold harmless City, its officers and employees, from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting from the construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the di ve'rsion of waters in the construction and maintenance of drainage systems and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, ,by said approval, be an insurer or ,surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- / /(_ //.5 6' ,;2. ',' 1802 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Mayor of t~ ty of Chula Vi';a ATTES ~ m~~ . City Cle - tI Approved as to form by ~~ ~5- ;t'-/13b?-- SUBDIVIDER: EL RANCHO DEL REY CORP. (Attach Notary Acknowledgment) ." If , ,9 , State of County of /1 C' C :, ' .~ ~ . r: } .. \. ~'''l>'4\-, ;-i'v.,-" ~.:' ,'\ ., ~. r " \ . \ '\ ~ ,.__>A,:,,'.' , '. - '- .... ..... ;<_',., In , \ \' '\ \' . -,' ... ..':-" :~..... \.~. . . . ..~ :i "" ..', ,-.'. , California S;:Jn DiP-Eo OFF'lC1AL SEAL CECElIA SULLIVAN NOTARY PUBLIC. CALIFORNIA SAN DIEGO COUNTY My comm,_;~i~s ~~U~23; 1986 _:( k - / / .J b;J-.-/ CORPORATE ACKNOWLEDGMENT FORM 7120052 } ss, , , " ,"(....~ On this the 17tl1Jay of August Cecelia Sullivan the undersigned Notary Public, personaily appeared = ~: ~ 83 19_, before LOUIS S. COHEN AND MARTIN D. COLLIER rn personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as President and Vice PresidentOr on behalf of the corporation thE named, and acknowledged to me that the corporation executed it. WIT~ my ha~d and licial ~ . ' lttJ 1!J fl~ Notary's Signature ' NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd.. Woodlan( , : ~F;' Exhibit "A" Exhibit "B" Exhibit "C" , 1~()3 LIST OF EXHIBITS Improvement Security - Faithful Performance: Form: Bond 'Amount: $468,000.00 Improvement Security - Material and Labor: Form: Bond Amoun t : $468,000.00 Improvement Security - Monuments: Form: Bond Amount: ",."'0"''' ._.......,;-.-' - . -, ---'--"~" --~" ",-",,~,,'--""--'" ,$15,600.00 '..,-";"'.'"1:. ..l, . ,.'_ '....,.,,~ ... , -;.c,,;;.:..-;c..";":'.----.~~~_::_.,,....~--"""...---..-..-~--' "- ,-" " Securities approved as to form,~~p amount by ,";:':~_ ?'>i..*~'1ff~~,"';:\..~.~w~'.;...,.~-',~~.....'" -. -:,\:A~_:~:'~,~,(;~,};:':':, ;''\'''<;~[,.",',.,~# <;:'" -",:X~",,~"'>~!l'<: ,'- -,- ..,',' '~ ~ ";' ,'-. ' ", " .' '_.J ~~-:._~~~';'-~' ~~. ,--'..;!.j- ~~~k4~~'-'- -_::'j~~~ t6 _ ":Aii.::k.~,~;,~r!~~~~.f;r.~.,t;~'J/""~.,_ Cl.ty Attorr.ey .,_-"~~-.'~ ..... '._._._.,,"---_.__.._--.--~._~-----_.. Improvement Completion Dat'e:' ...,' ThreErYears' froffi"Dat,e"of'CQundl Approval of the .SubSli. yi:o,i?,n ~ Improvement Agreement ;t-//.3 6,2--' .. I , 01804 Bond Nii': '. "SC7093683 Prem'ium:' $8,424.00 BOND FOR FAITHFUL PERFORMANCE , WHEREAS, The City Council of the City of Chula Vista, State of California, and El Rancho del Rey, a Califomia Corporation (here~nafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 , and identified as project Chula Vista Tract 80-5 Unit A , is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. ' ',- NOW, THEREFORE, we, the principal and FIREMAN'S FUND INSURMlCE CO~1PANY , as surety, are held and firmly bound unto the City of Chula vista, hereinafter called "City", in the penal sum of Four-hundred Sixijb-eight thousand , dollars ($ 468, 0,00 ) lawful money of the United, States, for the payment of which sum well and 'truly to be made, we bind ourselves, our he'irs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adminis- trators, 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 altera- tion 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 City of Chula Vista, 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 specified therefor, there shall be included costs and reasonable expenses and fees, including , reasonable attorney's fees, incurred by the City in successful:!.y < enforcing such obligation, all to be taxed as costs and in- cluded in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the " " Je-//3b..2 .' -2- 1805 , agreement o'r to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci- fications. In addition to the acts bonded for pursuant to the agreement incorporated above, the following 'acts and performances are additionally subject to the terms of this agreement: In witness whereof, e~~ed by the principal and .",,1::.. q , 19 8'3 EL~ D~ ~ BY: z:. G~7::2- Louis h id this instr~~ent has been duly surety above named, on ,. ",., ' .., ..""'.:.:: 1.'~. ". '~ ~ " eSl en " . ~v ~ Surety APPROVED AS TO FORM: ~=-'.J~ City Attorney )i;: , PW-E-34 , , J' ;'1" ''''';-'~;::-;"'"~~'t;;:;;~'~:ii-:-~i't'rr::rtlli{.:,.r.f;I,t'';<<i_"~;</{,,,-....~~... . PcltU ^ If 1 , , , \ " tf .." i"' {..'t ' (, it' "' .Il t'i. , , ... ---- .--.... '" ~. '- ..".".", ,. ~ :"J .. , ...~ . ACKNOWLEDGMENT BY SURETY .t806 ;....:r.: ~ -.. ... 5-11 STATE: OF CALIFORNIA SS . COUNTY OF SAN DIEGO ' On ~'1 , 1983 before me, the undersigned: a Notary Public in and for said State, personally appeared Louis S. Cohen, personally kno,vn to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Presi- dent, and Martin D. Collier, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within ins trument as the tI~ /....... './.f.~~ of the .Corpora- tion that executed the within instrument and,acknow- ledged to me that such corporation executed the IVithin instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature ~,~.,.M~;l " 'rf. ~ 1< \.~;~~..' ij ;' ,," ~"'. ~" ~ ' s;~~,~ ~.....,~,' <1 ,. '. "'"{j ~1 ,~.,.;lt ~j",i'" ~ i'~: ";,;: ;1 :: ~' _:'.~ ~ :::; ~. .....~,~.:.'Ft;tJ!:.. ~..;; ~~. ~'..."'I""; 7- notarfal:'seal) , ;',;\'" {I 1 i ''f':rrJ (This area for official ~.~~ _ 'l]i2 "',." ,- - ", '\ OFFICIAL SEAL ANITA, CALVERT HYDE NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My camm. expires JUN 6, 1986 ~~:"-'......--..- '.~, .1' ','n , ~:el "~h.ll ~-//36pL , - ------=-=.=::.:.:~---:'-:--::2:..;.......:.....:.:. ~- " ,_ ~ --=---'~----.,.,>-~ ~ , ,I _ 'to "'. .~~ \ .' . 'J (;ENERAI. . ....'WER 01' ATIORNE\' KNOW Al.l'ft.U:N BY THF-'iF. PR":SF.NTS: Thai FIREMAN'S FUN.D INSURANCE COMPANY. a Corporaliun duly (Irganill'iJ and c.\i':ling llndt'f [he law~ of the State of California. and havint' ih rrincip~1 (!fficc in the City and County of S.1I1 Francisco. in said SIale, has madc. t'on....rilulcd anJ appuinted. and does by these presenl'i make. conSlIlulc and appolnl FIREMAN'S FUND INSURANCE COMPANY 1807 SHERRY L. APPELDORN and DONALD R. CHALKER jointly or severally ils (rue and lawful Al1orney(s)-in-Facl. with full power and ;'luth"rity ht'l'eby conferred in its name. plan~ and "Icad. 10 e~eculc. "cal. ackn()wlcdgc and deliver any and all bonds. undeflakings. recognizances or other wrillen obligations in the nature thereof --------------------------- and 10 hind the Corporation lherehy as fully and 10 the same c-~tenl a~ if such honds wc-re signc-d by the Pre~,idcnL scaled with lht' corp(lratl' seal I\f Ihe" Corporation and duly allested by its Sef,:relary, heret'l~' ratif)'ing and I.:l.lnfirming alllhat the said Atwrneyls)-in-Ful.:t may do in the premises, . This ptlt,l,'er of attorney is granted pursuant III Article VIII, Secliun _'0 and :'11 of By-law... of FIREMAN'S FUND I NSURANCE COM IlANY n\IW in full force and effecl. "Arlide VIII, AppoinlmenI Jnd,AvOwril)' A.\si.~rJfI( srxrclaric.\, and Al/(lHJt'y-in.Facl owl! Apcllr, f() a,'('l'fl/ I.cf:!all'IO"l'...., :1m! ,\1:J~l' ,'\PPC;/!;lIh't'." Seclion 30, Appoinrmt'nt. Thl' Chairman (If the HIlaHJ of Dilt'CI1.H', ltH' I'lt',idclll, :llIY \'t,'c-Pn'sidl'lll \11 any nthcr I't'r,PII ;l\llhllri/cd t1y Ill,' tl(\;tIU n[ Direclor,>, lhe Cllairman of ,hl' Board of lJireclOr" lhe Prl.',ident NallY Vi,'l'.Pre....idl'nr, may, (rom lime In time. :lppninl I-h....idelll :\"i'l:llll Sl'l'rCI:lric' and All(lrney...-in-Fal"l 10 reprcst'nl <lnd act (Of and Oil bdlalf (If Ihl' Corp(l(alillll and :\gCrl1' 10 aCt'l'pt kgal PH),'t"S ant.! tll;t~l' appl.'al:tIICl." (Ilr .lIlt.! 011 bdlJlf of lhe Corporal ion. St'Clion 31, Authori/)'. The Authori1Y of 'ul"h Rc,it.!ellt A...~i,lanl SeL"rl'laril", Atlnllll'y,.in.Fat'l, illld Agcnl' ,hall lh' :1' Pll"l'rihl't.! ill tllc ill'IIUlllerll t'\'idcllcing Ih~ir appoinlmenl, and any <'Ul"h appoirllml'nl and all allllj(\ril~' grllllleu Ihl'll'h~ 1ll3Y hl' rc\'ikcd al any tim\' hy thl' t\,lart.! (\1 Dil,','WI' 01 b~ any p\'r~on empowcrt'u 10 make ...U\;h appoilllllll'nt." Thi'i pt1wer of altorney i~ signed and sealed under and hy lhe authori!~' of the f("JlIowing Re~olulion adllpted hy Ihe B(l,trd nf Dirc..:!(n', Ilf FIREMAN'S FUND INSURANCE COMPANY al a meeting duly called and held on the 1.'ilh day of July, Iqfl/l. and ~aid Re~ol\Jti\ln ha\ nul h'."l'n ;Hllcndcu 01 reflt:'aled: "'RESOLVED, that Ihe signalUre \)f any Vi~l'.Presidcn1. A~~i~t;lIl! Se.:rctary, and Hc,idenl A~"i...lanl Sel.:rt'lary of Ihis Corp()fa!i1111. ;mtl lhl' "'l'altlf thi" Curp\lralion may Ile affixed or printed on any power of attorney, (lIl any re\'(lcation of any power (,f aI1{lrne~', or on an)' certifi~atc rdaling lhercln, hy fal"similc. and any power of allorney. any reVllcation of any fHlwer ~lf all\lrney, \H l,;crlili,..ale hearing ...uch fa..:;,imilt: ,ignatllfl.' (\1' f,l\......irnik '\,:11 ,h:1I1 hc valid and binding upon the Corporation." IN WITNESS WHEREOF. FiHEMAN'S FUND INSURANCE COMPANY ha... rall"erJ lh~..;e pre"l'nl" III he ~ignt..d hy it, Vil..'l..Pre....idcnl. and iH ,'orporale ~eallo bl: hereulllO affi\ed thi~ 14th day ot June ,19~ ~~\'NS~(~2 {~~~:'; i'--f\,':.r"....~ Hy_ \",....I.I<.,jdcnl STATEOt' CAI.IHlRNIA, CITY ANIl COlINH Ot' SAN t'RANCISCO } " On !hi.' 14th day nf J!!fI~_--==-~ , 19 ~_ hcf\II,'Il1,' pCI...onally 1..'<l11ll' Ri chard \llJ 111 ams 10 me knowll. who, hcing by Ole dilly W'-(Hn, did dl'posC and 'lay: th:11 hl' I' ViL'l'-Prl....illl'nll1f FIRE\IA~'S FUND INSUr('\,~("I: CO\lI'A:-':Y. Ih<.." CPl' p(l/;lliOl\ de,nihed in and "'hidl l'\C~'lJll'd lhl' ahu\'l' irhllllllll'nl; Ill:!! hl' kl1(I\'" thl' ,~':tl of ,aid C(HPIlI:l1ion: I!wr thl' 'l.;t! :llti\,'d 1(> th,' ':lid ilblIUIII('lll is "'Udl corporall' Sl'al: that II was ~(l affi.\l'd by (lrd,'! of llll.' Il(l:lld oll>ir'.,'lol.... ~)f _,aid ("~lIp(lI"ali(lll anu lhal hI.' ,igll~'d hi, namc Ihcll'W hy li~l' llldt'J. IN WITNESS WHEREOF. I hal'\.' hereunto s~'l my hand alld affi\l'd lll~' (lffi,'ial ,,':tl. lhc da~ anu ~'l'al hcrl'in fir'l ahll\C \\lill'~1l ..................................u........I..........._1I 5 OFFICI~\L SEAL :: 1- 6' - SUSIE K. GILBERT a .,- ..' MOTAIlY ,MUC . CAlifORNIA !l " , em . COUNTY Of SAIl RlAHClSCO My Commj~slon EJ(pires Nov. 17, 1984 i ..I..IU._I......I~... 111"-= ~~.II ~~~~ "';,,',11\1',,1>1>, CERTlf'ICHE STAHOf'('AI.lHlRNIA, CITY ANIl('Ol:NTY (If' SAN t'RANClS('O 1 " I. lhe under~lgned, Re,rdcllI A~mlant Sen\.'IM\ of F1RE\IA~'S FU~D INSLJRA~CE CO\lI'A:s.lY, a CALlFOR~IA CllIr1l!:lIil1Il DO HEREBY CERTlry Ihat Ihe foregOing and ;muchl.'d P()\\[R or At IOR""l Y ll'l!larrh_lll lull forll.' and !l;!\ llOl I'-C"llfl'\okyd :md tllrlbl.'r~l1\ll\. Ih,lI '\llldl'\ II.l Secliom 30 and .\1 of thc Uy-Iaws of Ihe (\lrporalinn, and th<.' R",tlIUIIOIl 01 lhc Buard 01 Dlf<.'':IOrs, .'l"t 1\lrlh III lhc I'l.\~\l.'f ur :\!Wl0l'Y, :H<.' lhl\\ 11l force, Signed and ~eakd allhc C'ilY and CounlY of San Franci"'l'o. Daled tile 9th _JaY(lt August ,I,)~_!!..~ '. - ~~. ;::';~..' ,;:;,.. {~'\'~ ';' ("...~, ~...", ".\"11'\ ~-1130,;z... ~"d'~"~~ ----- 3807"-FF-5-81 r, 1808 Bond No: SC7093683 'Premium included in . Performance Bond -- . ~~- BOND FOR MATERIAL AND LABOR WHEREAS, the City Council of the City of Chula Vista, State of California, and El Rancho del Rey, a California Corporation ' (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated pUblic improvements, which said agreement, dated 19 , and identified as proj ect ChUla Vista Tract 80~5 Unit A , is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City 'of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOl'/, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Chula Vista and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of civil Procedure in the sum of Four-hundred sixty-eight thousand dollars ($468,000.00 ), fcr materials furnished or labor thereon of any kind, or for amounts due under the Unemployment In3urance 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 face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of ChulaVista in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed 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 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. "f ~ -1/36~ I'" " >' '. 1809 -2- The surety hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness executed by the . rL,.. ~,( f' BY:~~~~' W~~;;r(DJ . et~:lier, ~nt duly whereof, this instrument has been principal and surety above named, on 19 t.3 ~ .' AttorneY-in~Fact ., Surety "~~'i..,.,'\, 'l>t1;;"'::~ ~:-:'.:~_-~:~:~:"'~~'':'::::::- ~:~-::'~':::~~'"~V''''''' . ," .I~'. APPROVED AS TO FORM: ~'~ ..J~ City Attorney " PIV-E-34 ---~-~.~"\,~'7;"'~r:"":-:.~".r"I:~:-"',,,\u.,-,",.:."l\','\ ... ~;i).' ';.;, ; f(- /!3b ;... , '+;' . STATE OF CALIFORNIA County uf Los Angeles On this 9tL.. d,y uf August , 1983 " berore IIlc"Mary_Anne ~.b,~.:LkeL_, , uUI,ry public in and for the State of C,lifornia with principal office in thc Couuly uf ___ Los_ Ang5!J~_,__._____, Icsidiug therein, duly commissiuned ,nd swum, person,lIy appe'lfed _~i!,t:!Y_.1,:__AjJJ)e 1 darn ______.___,' known to me to b~ the person whose name is subscribed 10 the ~ithill instrument as the atlorncy-in.fact of thc_________ Fireman's Fund Insurance Company , -~ ---------, the ~orp(Jfatiun nal1ll..'d as Surety in said instrulllcnt, and acknowledged 10 Illt' IlIa tile subscrih<:J lhc Ili.IllH,' or said C\.JrlHHatillll t hen..' I 0 as Surely. alld his own !lame as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my uf/'ici,,! sl'al, al lilY office ill the afo.rc.';:lid Coullty, the d,y ,ud ye,r in Ihis ccrtific,te firSl abuve wrillen, ~' cff/;ck<--~--- Not,ry Public I .R-//36:L- " '. $-11575 r-F'" . .':;t rf:f .1 i;!.}-;' I ,;~J~ [!V:, ~;,;~: ; t~:V;i.'. '~ r .:: c . ~~t.,{ ,,-~, . 1\,:1' 1.11\ \t~~i. . .,}yP;:r' ....;..". , .. \-. ! ' ?, t \0,0' . " ,~. ACKNOWLEDGMENT UY SURETY 1810 } ss, STATE OF CALIFORNIA SS COUNTY OF SAN DIEGO . On ~9, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Louis S. Cohen, perscnally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Presi- dent, and Martin D, Collier, personally known to me or proved to me on the basis ~f satisfactory evidence to be the person ~po executed the within i~s!:rument as the r~ f&.la- .,G..~ of the Corpora- tlon that eAecuted thc W1th111 lnstrument and acknow- ledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. .' , -,~ \ Signature (This area for official no~~ri~l .seal: ~ ~"o/e ,~ _//36,2.....- OFFICli\L SEAL At,IITi\ CMVERT HYDE NOTARY PUBLIC - CALIfORNIA '..j ~. SAN OIEGO COUNTY ~t: )( C'7~~~~.~,;~~~~~:..._~~~~~:;~ J~~~~~ '1/.. '. GENt:l4Al:; ''POW.:R 01' 1811 AT1'ORNEV FIREMAN'S FUNI> INSURANCE COMPANY KNOW ALL MEN BY :rHESF~ PRESENTS: ThaI FIREMAN'S FUND INSURANCE COMPANY _,11 Corponuion dul}' organized <ind c\i.,'ing under the law~ of the State of California. and havin~ Its principal (~ffice in the CilY and Count)' of San Fram~isi.'o, in said Stall', has made. COfhliluletl and appointed, and does by these presents make, constltute and appoml SHERRY L. APPELDORN and DONALD R. CHALKER jointly or severally its true and lawful Atlorney(s)-in-Facl. with full power and authority hereby conferred in its name. place and stead. 10 execute. ..eal, acknowledge and deliver any and all bonds. undertakings. recognizances or olher writlen ohligafions in lhe nature thereof --------------------------- and lO hind the Corporation thereby a~ fully and to the same exlenl a.. if such honds were signed hy the PH'siden!. sealed wilh Ihl.' ..:orpOJille selll \)f th~' Corporation and duly i:ltlesled by its Secret<try. herehy ratifying and confirming all that the said AlwrneylsHn-Facl may do in Ihe premi..e'>. This power of attorney is granted pur...uant to Article VIII. Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY ntlW 'in full force and effect. . "Arlicle V Ill. ApP,oimtllcnI and Au/hority A~\i,"';WI sCl'rt'l<Jric,\, :Ifl(/ Allorfll'.\-ill-F;;l,'/ aI/(/ A.l't'I!I~ In :h'l"t'flll.\'!!<lII'I()"t',~, and AldJ..\' .'\{l{lor:/IJc'cI. Section 30, AppailltO/eT!(. The Chairman of the Board of DireClOr\. lhe Pre\idl'lll, ;lny Vke-Presidt:nl or any o,hl'r rl'r,\ln aLltiwri/<.'d by the Ihl:\ru of Dlrel'lor'o, the Chairmarl of lh;; Board of Dile~'IOl'. Iht' President 01 any Vke.Pr~,..idl'llt, IlWY, fWnI timl' 1(l lime. :lppnillt Kt....ilklll "\,\i,W111 Senel:Hie' and Auorncy...in-Fac! to repre\enl and aCI fot and on behalf of l.ht. Corporation and Agl't1\\ 10 accept k-~al proce" and 1l1~~(' ,lppea:.llln" for :1l11J Oil behalf tlf the Corporation Section 31. AuthorilY, The 'AulhorilY of 'ouch Re,ident A\..i"lrHlt Sc.:retarie,. Allol'llL'y,-in-Fa..:1, and Agent\ ,hall bl' il\ pr'~"~':-ih~'d ill lhl' ir),lrUllll'lIl e\'idencing their appoirwnent. and any ~lJeh apllOintmel\[ and all alllhurity gr:wlt'd llh'rl'by Jlla\' bt' I'l'\i~l'd at any time b~' Ihl' BUilld 111' Dirl'~'luh 01 l'~ any per..on t:mpowereulO mal<e such appOinlnlt'lIl," Thi\ power of allorney is signed and sealed under ;md by the authority of the following Re\olulion adopkd hy the Board nf Din:clUf\ of FIREtl1:\N'S FUND INSURANCE COMPANY at a meeting duly called and held on the I~th day of July, 1966. ,HId s':lid Ne.'oolul;on ha... nol ht'en amended or repealed: "RESOLVED. thallhe signature of any Vice-President. AS\lstanl Secrt:lary, and Re.,idenl A.,sistant SCCrdaf)' of this Curpllraliull. am.Hhe \(';\1 of thi\ Corporation may be afth,ed or printed on any power of allorne)'. on any revocatIOn of any power uf ath\rney, or on any certificale relaling thl'rel\!. h)' facsimile, and any power of attorney. any re\locafion nf .my power of ath\rney. or certificale hearing such f.K'Slmile signi-twre or facsimile seal shall he valid and binding upon the Corporation." IN WITNESS \\'HEREOF, FIREMAN'S FUND INSURANCE COMPANY htJs i.:.lU..t'J lht'"t' pre,>enls !n he signed hy il"; Vice-Pn:\iJt'nt. and it.. corporal(:' seal to be ht'reunto affixed l~is 14th day of ~_June ,19~ /';;';,;';~~'/; '(rj~.',' ; (,W._ .. ., I.' ~ "''0(1<'''''' ~~\INS~(~=- \'"~.I'r,',,denr Hy STATEot' C.~lI.'ORNI~. CITY ANII COIINH OF SAN FRANCISCO I ", ,I Onlhis 14th dayor June _ , 19 ~. r1cfore1l1t'personafJYl.';\J1Ic Richard Williams 10 me knnwn. ,who,_ twing by me duly "worn. did tkPO'>L' and ~ay: thaI he i\ \'i,'e-Prc\idcrn (If FIRE\1.-\~'S FUN\) INSUk..\~C1: CO\lfl:\;";Y. tile Cor- poration de\cnbcd rn and which e\t'clIted \h~' abo\'t' irhtnlJHelll; that he 1<110\\\ the,eal of \aid C(nporation; that thL' 'leal atl]\L'd 1,1 the _"lid Irhl!Llrn~'ll'. is such corporatcseal: lhal it was so affixcd by order of lht' Board of Din:Clor, of 'laid Cllrpllration Jnd lhat ht' \i~nl'd hi, n,\JlK tl1\.\ret{l'h~ li~t' ,Htkr. _ IN WITNESS WHEREOF. I have hereul1lo \t't my hand and affi\t'd my [lrficial \eal. tht' Ja! and Yl',H ht'rt'inlirq ab()\l' \\ li!t~'IL ..............U....DI............I..I.................... = OFfiCIAL SEAL : -I ell' -~iL SU, SI, E K, GILBERT i ~-" " " NOTARY PUllUC - CAUFORNIA = ,," CITY & COUHTY Of SAIl RlAHClSCO i . Mv(omml~~ron E)(pite~ No.... 17, 1984 i ii'II~"""_'UUI Ut 11 HI ~1'111 ~~~~~~ '1;,'1>,,\ 1',,\-.r,,' CERTIFICATE ST A TE OF C~L1H)RNIA. CITY AND COUNTY Of' SAN FRANCISCO I ", I I. the undersigned. Resit.lenl A..slstanl Secrclar_y' of _ F~RFMAN"~ FUN.U I~SURA~C[ CO:-'lPANY. a CALlFOR~IA, Cmp()!illipll. DO~.IERI::BY CERTIFY thaI the foregoing and attached PO\\ ER (H. A TTORN[) rcmatn\ tll tulllorl'\' <l!1d .\la\ nOI \"Iecnre\'okyd: and lurdl~'rnWrl' [hal ArtKk\ 11,1, Scctions 30 and 31 of the By-Iaw.s of (ht' Corporal/on, <JIllJ the Re\olullOn of the Board (11 Drr(,t'lor~. \('1 tUrlh III tll(' I'o\\<.'r l't :\lloln...:-, are Jhm III forl'c. Signed and sealed atlhe City and CounlY of San FriUl\:i\t'o. Dall.'u lhe 9th day ot August ]9 83 ','<;,":,'~rY." ,;~, ~":'""< ;,~i (+"\"1 '("~'" ~e ih.,jJ\'lll :\,~i':atll S"'-'ll'I<lI~ 360711-FF-5-81 ~-1136;2.-- ,~ , ~ 1812 Bond No: SC7093685 Premium: ' $280 SURVEY MONU~lliNT INSTALLATION BOND El Rancho del Rey, a KNOH ALL l>lliN BY THESE PRESENTS, That ~ California Corporation as the subdivider and Principal, and the FIREMAN'S FUND' INSIIRANCF COMPANY a Corporation of the State of Cali for~i a , as Surety, are held and firmly bound u'nto the City of Chula Vlsta,a municipal corporation, in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach, of the con-, ditions hereof, in the penal sum of Fifteen-thousand Six-hundred ($ 15,600, ) lawful money of the United States of America, to be paid to the said City of Chula Vista. . HHEREAS, the said Principal is presently engaged in subdividing certain lands to be known as ChUla Vista Tract 80-5 Unit Asubdivision in the City of ChulaVista, in accordance with the Contract for Completion of Improvements ,authorized by Resolution , and WHEREAS, the said Principal desires not to set durable monlli"ents prior to the recordation of the final map of the Subdivision and desires to get same at a later date, , NOI1, THEREFORE, the condition of the above obligation is that if Principal shall have set durable monuments of the survey by James A, (name of , as per the final map of said subdivision, a copy of the Hutchison Engineer) which is on file with the City ~ngineer of the City of Chula Vista, refer- ence to which said map is hereby made and'same is incorporated herein as though here set forth in full, and accqrding to the ordinances of the City of Chula Vista in force and effect at,tne time of giving of this bond, on or before the expiration of thirty (30) consecutive days following, completio and acceptance of public improvements within said subdivision, then the obligation shall be void, otherwise to remain in full force and effect. IN WITNESS V~E~OF, the said their hands~ this ~ day of ,....,....,...' EL and Suretv have hereunto set , : 19 8..'3' . DEL ~~lifOmia Corporation S. Cohen, President FIREMAN'S FUND INSURANCE COMPANY ( urety) .::.' fr,'" TO FORi-l: J~ BY .",.<."" -'." City Attorney .~--~._.".....--_.------";""'''i'''":::-' . '~.'~'''''.'-. .'~-,' ".~I. . .,.-..........,-'....,..... ..~- ':-j'.{- '-:!,,"J ""';'_,;.;-..<'H_:;', ?H-E-34 "" ,,- , STATEOFCALlFORNIA } ss. Cullnlyof....!:2~_,l\ngele~___.."._..__, A Ch lk ," On Ihis _.....2th _ day of __AuQUS t . , , ,.l.'!~:3__" hefore Ille ,..t1aJ'y~,,,,,I}Il,~.___a_._~Y'._._,.. b. . -, a notary public ill and for the St:J1C of Califurnia with principal office in tile CllUllty of.,___..___Lo?~Q_g~1es ~___... ___~._."_..' ,esidiug therein, duly commissioned and sworn, pelsunaJly appealed ~h~r:r:Y-LI\~,l dQIJ1____,.___ .. _"..~""., known tu me to be the person whose /lame is subsnibed to the within illslrumciH a~ the :it IOfHcy.in.f~ll.;l of thc__.______n.:_.:.:..-___...__ Fi reman's Fund I nsurance Company ___ ________ "......____..",,' the ~orporaliol~'-nall1cd-~s Surety in ~aid instrumc-I~-:-;;d acknowledged 10 lilt' Illal 11~ subscribed lht: llalTW ~)r sajJ C(Ii"jHna! i,1lI thereto as Surety, aud his own name as attOlncy~jll.ract. . IN WITNESS WHEREOF, I have hereunto set my hand allll atfixcu lilY UlllCI.lI seal, at lily 1)1 ~7C 111 the <dufe~lld ( ounly, th~ d.IY :JlHI YI..'M 111 tillS l't.'rtiflC<ltc first ,lbllV~ WllttCIl. "~~" / / fJ~/ ~:;c.~ OfFlCI,\L S<"L ~ ---kIJfr,~-- / __~~_ ___ ;{l','," "",..,""'" , '," MARY, A, NNE CHALKER" Nola' y I ubbe ~"~i3f~ ~ ...;:, N~~I~u81 1(; CALIFORNIA ;; ~ 4;~, ,,' ~ 0 PRINCIP/.L OFFICE IN t ~ f:;;', :.t-~' LOS ANGELES COUNTY ""'0;"." My Comm"s,," Exp, Feb 13, 1987 ;:t::-:// .3 b~ ' f' ., 1;..,,!o'.;,;;.j~t\!,it'4\l~~::J,i."J!:b.,;~.)j,;'.t~l:ii;t~ff'~~~~j.e1i;~iiikit,~~~d\~.,w~~t[;}iJi,'~i..~;;.v.:i...tj,;;~~~~:~:;~..:,';....,...:..."',;(,f;;I ';~):"\":'.... ...41< ,..Ji~'#','~,,,,,,,, Jl:~~:.:;'41 -', < - -- - - - ------ , ";lI'" STATE OF CALIFORNIA 'J,,iilck$ COUNTY OF SAN DIEGO SS. , ; f1i ~~ q,;~' f~~ ~,id 1 i:; ,:~f~;~ '~~~l i~e ,~;~:~:~g~:~i, ' s No i:~~n :ub lie personally kno\V11 to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the . Presi- dent, and Martin D, Collier, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the V~ ~'o:z/,,_-€:-- of the Corpora- tion that executed the within instrument and acknow- ledged to me that such corporation executed the ',ithin instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. " i \'.il r' 5.1157 S!10 <~. , '; '. (.,... " r 1, ACKNOWI.ED(;MENT BY SURETY "'1'3' 1813 ,". ,", ....,. Signature ~ I )t.:"'::i,~ .; '; " '.....1-:1 .;'.. --;.., ~"''"')., .--f:j ~ ...." ." :"",, I}, ;'''~;JJI -:, , ..!'t :1~''''; t~ notarial se~a:l)~ ~.. .,',-;;"j ....... -*, (This area for official ~~/~ .",-~_,r..........~...~,'.':t.".'=4 . .. .(.~1.)-- '1 . . ,~'8EAL' ll~ll!lmo;~tVERTAYO'E . ~y,p,U,e/.l,\=.,-'CAtlFORNIA . ,.." :SAtl-Ji'llf!l<llOl1rf1Y' ..,. ...My:cqm!O, ,a,<i7i""'BNi6M V._'_ ___">,_;._::::;;;~ , :vn ," .I ".;J] /i?-//36t;iiL '~i~ h.t . -~'_.-.- --.- '- -', ,~q;j2 .~.:::=:......~-:~":;""'-.7'.....\...t" -. -. -..-- .~-~--_'::_-'"'-~,-"- -- GENEIlAI;c , POWER OF "ATfORNH FIREMAN'S FUND INSURANCE COlltiPANY 1814 KNpW ALL l\U:N BY :rH~"E PRESE~~: Th~l ~IREM~N:S FUt;J.D INSURANCE C()~PAN.Y. a ,Corl?uralion duly urganilcd and ell.i<,:'ting under the laws of the Stale of Cahforma, and haVinG Its pnnclpal offIce In the (lly and County of San francIsco. In scud Slate. has made, constituted and appointed. and dOC's by these presents make. constitute and appoint SHERRY L. APPELDORN and DONALD R. CHALKER jointly or severally its true and lawful Attorney(s)-in-Fact. with full poweT and authority hereby conferred in its name. place and stead. to execute. seal. acknowledgl: and deliver any and all bond!;.. undertakings. recognizances or other written obligatiom in the nature thereof --------------------------- and to bind the Corporation thereby as fully and to the same extent as if 'iuch bonds were signed by the Prc~idenl. ~ealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and con,firming all that the said Allorneyts)-in-Facl may do in the premise<;. This power of altorney is granted pursuant to Article VIII, Section 30 and 31 of By-Iaw<; of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect, ' "Article VIII. Apppimmem and Authorit)',AHislam secretarie.s. and Altofncy.in-F.ll't amI Agt'l1h 10 iJll,'epll.egiJ! PIOn'\.' ,/flJ .\I,II,c ..iPflCi/fiJIlCC', Section 30. Appoimme-nt. The Chairman of the Board of D'ilt"ctor,. the Pre,ident, '/.lny Vice~P,le,idenl or .IIIY mlll'r pl"r,On aUlbori/cd by tllt' Hoard Ilf Direoors, the Chairman of the Board of Director" the Pre,idcnt or any Vicc-Pre,ident. may. from lime (0 limr:, appoil11 Rc~idcnl A~~i~tlilll Secrctarit:~ and Altorneys-in-Fact 10 represenl and act for and on behalf of the Corporal ion and ,A.genL' to a~'cepl legal [noce\' iilHj make arreJrall\'C, for and on behalf of the COfporalion. Section 31, Authority. The Authority of <;uch Re~idenl A~,i,tanl Senetarie" A!loTlley,-in~Facl. iinJ Agenl., ,hall bc a, pr~',nibeJ ill the in.,lrulllclll evidencing lheir appointment, and any such appoint men I and all authority gral1lect lhcrcby may nl: r~'\'i~t'd at i\l1~' time by Ihl' Bllald of Dirt.'ctOI' or b~' any per~on empowered 10 make such appointment ," This power of atlorney is signed and sealed under and by' the aUlhoriry of the following Resolution iidopted hy the Bllar(] of Director<; ~)f FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th diiy of July. 1966, iind <;aid ResohHion hilS nor been :mlt'olleJ or repeiiled: "RESOLVED. thaI the signature of any Vice-President. A<;..i<;lant Secretary, and Residt'nl Assi..lant Secretary of this [nrpnralmn, and lhe seal \If this Corporation may he affixed or prinled on any power of attorney. on any n:vocat;on of any power of .-IIlorney, or em iiny certifkatl' relating thl'rt'lO, h, facsimile. and any power of altorney. any revocation of any power of altorney. or certificafe hearing <;uch fiicsimilc <;igna!urc or facsimile sl;'al <;~"jl1 hl' valid and ttinding upon lhe Corporation," . IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY hii<; ,:aused lht.'<;c prc'\ents tn he signed by ilS Vicl'-PfI.'<;idl'nl. and its corpora Ie seal to be hereunlO affixed Ihis 14th day of June ,19~ ~II;\INS~~~ By \',~~-Pr<""",knl ST A TE Of' C AUHlRNIA, CITY AND COllNTY ()f' SAN FRANCISCO } >\, Onlhis 14th dayof June , 19 ~f_, hdoremr"monalh'canre Richard Willfams .__ c 10 mt: ~IlO""'I1, who. being by me duly s.....o.rn. did depose and 'lay: lhat ht' i, \'ii..'c-Prl.'sidcllt of F1RE\1:\~'S FU~D INSUR,.\\:CL C'O'\P..\:SY. Ih\.' Cm- poralion described in and which e\eculed the above instrument; lhal he know, the 'leal of said Corporation: lhat tht. "eal afri\ed 10 (hI: ~aid in"tnHlll'lll b ~uch corporate seal: thaI it wa, so affixed by order of the Board of Director, of .said Corporatil1ll and thai hl' ~ig!lcd hi~ name th\'1'r.:t0 h:,;likl' l)rder, IN WITNESS WHEREOf. I have hereunto ..et my hand and affh:('d my llffil'iiil ~cal. lhl' day and Yl'M h~'r~'ill rir-,( ahl)\e '\'rilll.'ll. ............,.........I....au.II.IIIII............I..,I.. 5 OFFICIAL SEAL !! I- 6' SUSIE K, GILBERT ii ,-,- :.' IlOTARY Pl)l1IC . CAlIFORNIA Ii " em & (0U!m' Of SAIl fllAN(ISCO , . My Commission Ell:pires Nov, 17, 1984 i I................L 1 liD 1 ..m TI T I /~~~ S"l.tI\ l'uJ-.li, CF.RTlF1CATE STATE OF CALlF'ORNIA, CITY AND COllNTY OF' S,~N FRANCISCO 1. >\, I I, the' under!>ignect., Re~ident A\si<;tJnt Secretary of FIREMAN'S FU!\'IJ INSURA~CE CO\lPANY. a CALIFORNIA Corrul;.IlioJl. DO HE,REBY CERTIFY thaI the j'oregoing and iillached PO\\ [R OF ATTOR:'\JEY rcm3im in full forcc and !la, not h~'ell rc\'okcd: and lurllICT'lnorl' rhal Ar1\c1c \'111, Sectlom 30 and 31 of lhe By-l~w~ oJ tht: Corporation. and 111(" Re~o)lJ/;()n oj Ihe Board (II Dirl'Clor~. ,~'t lonh in the I'n\\l.'r of .\tlorlll'~', ar<e II(W. in force, ' Signed and sealed at the City ~nd Counl)' of San Franci~l'o, Dated the 9th day of August , I",!!~ /' -//.36 ~ ~""'~,~~-- 380711-FF .f>.ll1 " , I / I , \ '-..-. 1815 -.."""'--- / t--.... / I / / / / / / ~"',.,# . ""~,' ').., , ,../ , , ,.. J.~" # . #..'Y ,,"" I"" -'.' <.' ~/ '1'7 _" '...., #'t .... ......,~:;. _ "7 ,,> <<"')-':J ... .... ...':/,-"'" 1~6 . ~{} ~'" ~ ~. ~ , . \ / 'y<V' I v'i?- / <:.> / / / '-,- ,>"" / - ,- - .' ... "-- \),/ t'>,y/_ " --.... f~.:(", -......-.... --- - --- --- ..... --- -.... --- ........... I -- ,(.... , .... '.... ~.. _ 'r J1 .. /1".... ""f,",.., ~...";"" . . t...,<'.... ". '11, .. J,','" #.",.... ,,,,,,r.. .,jo.. _,-.., "" - ,." ..../ "1,-, ,v. -, .. 10".. '.... co .... "';".::.. . \oJ - " ~ ,. ~ CA Alyo,v VleltVlTY MAP MJ ":D!IE' / / / --.... ........... - - LEGEND r~ OPEN SPACE FEE TITLE (LOTS A (8) .."J STREET OED/CAT/ON ~ --- - --------- DRAWN BY L, M. G. TITLE STREET 8 OPEN SPACE OED/CATIONS CHULA VISTA TRACT NO, 80- 5 EL RANCHO DEL REY UNIT NO.6A DATE 8 -/6-83 J< - I I"), L ') , .. , -' 1816 '.-.' I / I , / " \ <OA\ '1 \ , ~ ,.6' ~,\\/ ~'v I I?v / / / / -... ---..... / ..,....-- I I I I / / ..!,',~, " .......,' ,... ... .. ,~, .. "" ,.. 1-/<.'" I..'Y"""',, /''7_" '....., ...." / -,,:> ......,,,, (")...) ...:..':/,-" """-....-......, ,>..., / - ,~ ~ ,-' -- ~:::: / ,,' , -' Y/- ... ,;'.--........ -.::::'" -............ / --- --- - / ........ / LEGEND OPEN SPACE DRAINAGE / / -.... -- -.... -- ..... --....... -- --..... r ..... ,(... .. ... '... ,... _ 'rA" ,.,"'" "'1.. I',., ,.....;.. . .1...,<'.... . ~'1, 'f_' ,.. ,."..,'... '.,',.... v,'......, ''f,':J ",11: -, .......... ,0:". t,. ~ - .. ';:'.:> ....; - " CANyo-v ,~ --- ~-- -- VIe/Mirv /rI.4P !.IJ SCALE DRAWN BY L. M, G, DATE 8-/6-83 T I HE OPEN SPACE 8 DRAINAGE EASEMENTS CHULA VISTA TRACT NO, 80- 5 EL RANCHO DEL REY UNIT NO.6A 1<' ~ I I ~ t: 'L.. --- ---. --- , I '-' / I 18t7 ~ ~ ~ -..... \ \ <0--" \ -<J \ \ I' oQ .:f/ f W~. / ~'v / ~Cj / / / / 0",." '~','" ,... ... , ,f./ , , ,.. >> "':"( '- ,...Y",:)" /''l_'" '...,," ...., -,/=> - ..,,,, l~" "') ..:: ..9,..... -..... - -- /'-" / - ,~ ~ .' .............. \),' c-1 y ____ - / -, -..... t::2 -.......... ---- ---- ---. / / / LEGEND --- -- ...... ......... ...... ...... -- / -- STREET TREE 1& PEDESTRIAN ACCESS 8 SIDEWALK RAMP ,<....., , , , _... 'r....~ '- /...',.... ,.." I'...., I '..... I... . \... ,'..... /" /, "( , of ., i, ... ,.. ,~r... '.,'-;'-" ~,'......, ''I,~ ';1/: -, .... '.. tV... t.... Co ...,... "', . ,,; -::,7' ~ !!I " --.J~ASr:J"":"" ~ ST.eEET " f o C ~ CANyO,lj "> ---.,- - ' ------- Vle/MITV /tfI1P W 5CALE DRAWN BY L. M. G, TIT L E STREET TREE 8 PEDESTRIAN RAMP EASEMENTS CHULA VISTA TRACT NO, 80- 5 EL RANCHO DEL REY UNIT NO,6A DAT E 8 -16-83 R ~ II 'l/~ ').-. RESOLUTION NO. 11362 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MAP OF CHULA VISTA TRACT 80-5 UNIT A ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS AND OPEN SPACE LOTS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVE- MENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO' EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract 80-5 Unit A, El Rancho Del Rey 6A and more particularly described as follows: Being a subdivision of portions of Quarter Sections 62, 63, 69 and 70 of Rancho de la Nacion in the City of Chula vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County on May 11, 1869. No. of Lots: 111 Area: 66.065 acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Cassia Place, Mesa Place, Redbud Place, Chestnut Court and portions of Beechglen Drive, paseo Del Rey,' Arroyo place and East "J" Street, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council accepts Lots A and B in fee for open space purposes. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the easements with the right of ingress and egress for the construction of sewer, drainage, street tree planting, sidewalk ramp and pedestrian access, open space and public utilities, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets and Lots A and B are accepted on behalf of the public as heretofore stated, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, street tree planting, sidewalk ramp and pedestrian access, open space and pUblic utilities as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain subdivision improvement agreement dated the 17th day of August, 1983, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Clty f)~ omas J. Bar on, Actlng Ci ty Attorney R-1l362 JLA VISTA, CALIFORNIA, this 83 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 23rd day of August , by the following vote, to-wit: Malcolm, Cox"Moore, McCandliss, Scott Councilmen ES: YES: STAIN: SENT: Councilmen None Councilmen None Councilmen None /l.~ f ~e City of Chula Vista ~ City HE OF CALIFORNIA ) JNTY OF SAN DIEGO ) s s, Y OF CHULA VISTA ) I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chura Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO.11362 ,and that the same has not been amended or repealed, rED ( seal) City Clerk ;-660 '-