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HomeMy WebLinkAboutMINUTES - 09122000 - D3 THE BOARD OF SUPERVISORS,AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on September 12, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER RESOLUTION NO. 2000/=4-AL (Government Code § 25350) SUBJECT: Consummate Purchase and Accept Grant Deed for the Blue Rock Drive Fire Station(Relocation of Station 82) Antioch Area Project No. 4500-6X5516 The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District, RESOLVES THAT: This Board on August 15, 2000, passed Resolution of Intention No. 2000/397 and Notice fixing September 12, 2000, at 1:00 PM in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place where it would meet to consummate the purchase of the real property described therein from Wilson VIII, L.P., said property being required for fire station purposes. Said Resolution was duly published in the Contra Costa Times in compliance with Govt. Code Section 6063. The Board hereby consummates said purchase and approves the Purchase Agreement dated September 12, 2000,between Wilson VIII, L.P., and the District for a fire station site at Bluerock Drive, Antioch, California, and authorizes the Public Works Director to sign the Purchase Agreement on behalf of the District. The County Auditor-Controller is hereby DIRECTED to issue a check in favor of Old Republic Title Company, 3000 Clayton Road, Concord, CA 94519, Escrow No. 280918, for $324,901 for said property for payment to Grantors, upon their conveying to the District a Deed therefor. Said Deed, is hereby ACCEPTED and the Real Property Division is ORDERED to have it recorded, together with a certified copy of this resolution. The Board, on August 15, 2000 in Resolution 2000/397, FOUND the above activity, Intention to Purchase Real Property for the Bluerock Drive Fire Station, Antioch, California, is not subject to the California Environmental Quality Act (CEQA)pursuant to Article 5, Section 15061 (b)(3) of the CEQA guidelines. PAS:eh I hereby certify that this is a true and correct G:\GrpData\RealProp\2000-Files\BOs&RES\BR16B1ucRockDriveFireStadon.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig.Dept.: Public Works(R/P) date shown. Contact: Pat Smyers(313-2222) cc: Auditor-Controller(via R/P) ATTESTED:_September 12, 2000 Public Works Accounting PHIL BATCHELOR, Clerk of the Board of County Recorder(via RIP) Supervi rs�andunty Administrtor By aDepu RESOLUTION NO. 2000/.434 09-30-00 12:01pm From-CRTC MARKETING +9253631925 T-269 P.04/05 f-040 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ,. �L County of IZX4 Can AL6t1'5:r_ 1t)g before me. < --Z '�..- Data Name and Mo*1 Ofr w(*.4,•J Doe,Namy Pubra y personally appeared J JA Y SC.'HNI C-K &44 4 lTffV.4Lc l(LSd N I Nama�o}Sigrwr El personally known to me–OR-- proved to me on the basis of satisfactory evidence to be the person sly whose names issubscribed to therthin instrument and acknowledged to me that he/sh executed the same in hisJher e` uthorized cafaci reg ,and that by his/her of f natur on the instntmentthe erso CLARE PLISKARCZY C 9 P Comrn sslon#1199426 or the entity upon behalf of which the person'sQ' acted, . , Notary Public-Cal;famia executed the instrument. Contra Costa county Ir Wc=nnB#mW23M0_2f WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law.It may prove valuable to parsons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: - Document Date: J�`(iGU`z'1-" `�C' NumberofPages: Signe (s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: dividual 0 individual 0 Co ate Officer © Corporate Officer Title(s): TItle(s): ❑ Partner--is Lf ' d ©General ❑ Partner—® Limited a General G Attorney-in-Fact 0 Attorney-in-Fact 0 Trustee 0 Trustee 0 Guardian or Conservator D Guardian or Conservator 0 Other: Top of thumb L7 Other: Top of ftnb here Signer Is Representing: Signer Is Repres ng: 0:995 NatiOft Notary AacoC400n•Brd8 Rammst AW,.P.O.BOOP 7104+Canoga c be&CA 91304.71$4 Prod,No.5907 Ratird*r:Cao Toll-free 1-DW-67"W 08-30--00 12:01 PM From-QRTC MARKETING +9253631925 T-269 P.05/05 F-040 r Bluerack Firs Station Site Portion 0'72-012-089 Drawing No. MA201-:20100 EXHIBIT"A°" EABCF.L.I: (Fee Title) Real property in the City of Antioch, County of Contra Costa, State of California, being a pardon of Pel "D* as shown on the reap of Subdivision M.S. 2-93, filed December 18, +1998, in Beak 170 of Parcel Maps, at page 2Z, described as foilowa: Beginning at the most northerly c Omar of said Parcel "t7" (470 PM 22), thence from said Point of Beginning, along the easterly boundary of Parcel 13", south 28*49'Sr out 277.00 feet; thence, leaving said boundary of Pard "13", south 81.10'03" west 210.00 tet; thence north 28*49"57" west 222.29 fact to a paint on the southerly right of way line of Bluerack live, from which a radial line of a non4angent curve concave to the northwest having a radius of 270-00 test beam. north 200463 r west thence northsastert along said scuferiy right ref war line, along ft am of said tee, through a contmi angle of 37*81 '21', a dbftmce of178.31 foot thence north 31'24'02"+east 43E.82 feet to the Point of Beginning. Containing an area of 1'.'136 acres cel`land, more or less. Bearings are based on the Calif mia Coordinates System Zane 111 (CCS27). Distances given are grid distance; multiply dlstanceas glycan by 1.000Q7'to ob%in ground distances. This real property description hse been prepared by me or under my direction, In cankmance with the Professiamal Land Surveyors Act. Signature: licensed Land Surveyor Contra Gusts !County Public Works Date: � �� 1 '� ,cam.. 400 0 ora.SM 1 1 +!►tRly►7l"Av JI'I11Ci iCAi. �t Qe i OWTR1CrXOC 3MAM Parcel Number: 072-012-089 Grantor: Wilson VIII Project Name: Bluerock Station Site Address: 2033 North Main Street, Ste. 700 Project Number: 4500-6X5516 Walnut Creek, CA 94596 PURCHASE AND SALE AGREEMENT BETWEEN CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND GRANTOR NAMED HEREIN This Agreement is entered into by and between Contra Costa County Fire Protection District, a County fire protection district, organized pursuant to Health & Safety Codes § 13801, et seq. (hereinafter "Agency") and Wilson Vlll, a California limited partnership, (hereinafter"Grantor"). RECITALS Grantor is the owner of approximately 1.136 acres of real property located in Contra Costa County, California and described on Exhibit "A" attached hereto and incorporated herein by reference. The real property, including improvements thereon, if any, are collectively referred to herein as the"Property". AGREEMENT NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Effective Date. It is understood that this Agreement is subject to approval by the Agency's Governing Board. This Agreement is effective on the date approved by the Agency's Governing Board ("Effective Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the Agency. 2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and Agency agrees to purchase the Property. 3. Purchase Price. The purchase price for the Property shall be Three Hundred Twenty Four Thousand Nine Hundred and One Dollars ($324,901) ("Purchase Price"). 3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any bond or assessment that constitutes a lien on the Property shall be cleared and paid by Grantor as of the date title shall vest in Agency by the recordation of the deed herein pursuant to Sections 4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of the date title vests. 4. Conditions to Agency's Performance. The Agency's obligation to perform under this Agreement is subject to the following conditions: 4.1. Grantor's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow. 4.2. Grantor's performance of all obligations under this Agreement. 4.3. The vesting of title to the Property in the Agency by grant deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except the following "Approved Exceptions" as outlined in the Preliminary Report dated February 10, 2000, issued by Old Republic Title Company: 1 A Mineral rights as excepted in the legal description appearing at page 4 of said Preliminary Title Report. B. Covenants, conditions, restrictions and reservations of record, listed as exception 12. C. Easements or rights of way of record over said property, listed as exceptions 10 and 11. D. Those matters described and referred to in Instrument No. 90-56597 recorded March 20, 1990 in Book 15731 of Oficial Records, Page 679 listed as Exception No. 7 in the Preliminary Report. 4.4. The Old Republic Title Company's being prepared to issue a CLTA title insurance policy in the full amount of the purchase price, subject only to the Approved Exceptions ("Title Policy"). If Agency determines that any of these conditions have not been met, Agency shall have the right to terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow agent. 5. Escrow. By this Agreement, Agency and Grantor establish an escrow ("Escrow") with Old Republic Title Company, 3000 Clayton Road, Clayton, California, their Escrow No. 280918 ("Title Company"). Grantor and Agency agree to file escrow instructions with said Title Company, in accordance with this Agreement. This includes authorization of the Title Company to withhold, as provided herein, pro rata taxes, liens and assessments on the Property conveyed. 5.1. Fees and Title Insurance. The Agency shall pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the Agency, the premium charged therefor. 5.2 Grantor's Deposit into Escrow. On or before the Close of Escrow, Grantor will deliver into Escrow with the Title Company the following documents: A. A grant deed, in recordable form and properly executed on behalf of Grantor, in a form acceptable to Grantor and Agency ("Grant Deed") conveying to Agency the Property in fee simple absolute, subject only to the Approved Exceptions. B. Copies of any effective leases, rental agreements or any other agreements, if any, which the Agency has agreed in writing are to remain in effect after Agency takes title. C. Grantor's affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended [26 USCA§1445] ("FIRPTA Affidavit"); and D. Grantor's affidavit as contemplated by the Revenue and Taxation Code § 18662 ("Withholding Affidavit"). 5.3. Deposit of Purchase Price into Escrow by Agency. Prior to the Close of Escrow, Agency will deposit the Purchase Price into escrow with the Title Company. 5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the Agency ("Close of Escrow). On the closing date, the Title Company shall close Escrow as follows: A. Record the Grant Deed, marked for return to the Agency care of Patricia A. Smyers, Real Property Agent for the Agency (which shall be deemed delivery to the Agency); B. Issue the Title Policy, if requested to do so by the Agency; 2 D. Disburse to the Grantor the Purchase Price, less funds held back, including funds segregated pursuant to Section 20, below, for prorated amounts and charges to be paid by Grantor, E. Prepare and deliver to the Agency and to the Grantor one signed copy of the Title Company's closing statement showing all receipts and disbursements of the Escrow. 6. Grantor's Representations and Warranties. Grantor makes the following representations and warranties with the understanding that these representations and warranties are material and are being relied upon by Agency. Grantor represents and warrants to the Agency that as of the date of this Agreement and as of the Close of Escrow: 6.1. Marketable Title. Grantor is the owner of the Property and has marketable and insurable fee simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only to the Approved Exceptions. No leases, licenses, or other agreements allowing any third party rights to use the Property are or will be in force unless prior consent has been given by the Agency in writing. Commencing with the full execution of this Agreement by both parties and until the Close of Escrow, Grantor shall not permit any liens, encumbrances or easements to be placed on the property other than the Approved Exceptions, nor shall Grantor enter into any agreement that would affect the Property that would be binding on the Agency after the Close of Escrow without the prior written consent of the Agency. 6.2 Condition of Property. Grantor has disclosed to the Agency all information, records and studies maintained by Grantor in connection with the Property concerning hazardous substances and that Grantor is not concealing any knowledge of the presence of contamination or hazardous substances on, from or under the Property. Any information that Grantor has delivered to the Agency either directly or through Grantor's agents is accurate and Grantor has disclosed all material facts with respect to the Property that are known to the Grantor. 6.3 Other Matters Affecting Property. To the best of Grantor's knowledge, there are not presently any actions, suits, or proceedings pending or, to the best of Grantor's knowledge, threatened against or affecting the Property or the interest of Grantor in the Property or its use that would affect Grantor's ability to consummate the transaction contemplated by this Agreement. Further, there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Property. To the best of Grantor's knowledge there are not presently any pending or threatened condemnation, eminent domain or similar proceedings affecting the Property. Grantor shall promptly notify Agency of any of these matters arising in the future. 6.4 Grantor's Agency. That this Agreement and all other documents delivered prior to or at the Close of Escrow have been authorized, executed, and delivered by Grantor; are binding obligations of the Grantor; and are collectively sufficient to transfer all of Grantor's rights to the Property. In addition to any other remedies that may be available to the Agency as the result of a breach of any of the foregoing warranties or representations, Grantor agrees to defend and hold the Agency harmless and reimburse the Agency for any and all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any of the warranties and representations contained in this Agreement and all third-party claims arising out of or related to any facts or circumstances with respect to the period prior to the Close of Escrow. 7. Agency's Representations and Warranties. Agency warrants that, upon approval of this Agreement by the Agency's governing body, this Agreement shall constitute a binding obligation of the Agency. 3 8. Hazardous Materials. The Grantor hereby represents and warrants that during the period of Grantor's ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the property known to Grantor. Grantor further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substance or hazardous waste on, from, or under the property which may have occurred prior to Grantor taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair-market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the Agency may elect to recover its clean-up costs from those who caused or contributed to the contamination, or are otherwise responsible under State and Federal Law. 9. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 10. Right of Entry. From and after the Effective Date of this Agreement and at all times until this Agreement is terminated or title vests in the Agency, Agency shall have the right at all reasonable times to enter on the Property for the purposes of the Agency, including but not limited to conducting soils tests, surveys and studies for the purpose of constructing a fire station. Agency will indemnify and hold Grantor harmless against any damages or costs arising from Agency's or Agency's designated persons' entry onto the Property, including but not limited to attorneys'fees and costs. 11. Possession of the Property. Possession of the Property shall be delivered to the Agency at the Close of Escrow. 12. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the parties to this Agreement and their respective heirs, successors, and assigns. 13. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows: Grantor: Wilson Vill LP McShane, Schnack& Cheitlin 2033 N. Main Street, #700 Walnut Creek, CA 94596 Attn: Jay Schnack Telephone: (925) 932-8500 Agency: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Patricia Smyers Telephone: (925) 313-2222 or to such other addresses as Agency and Grantor may respectively designate by written notice to the other. 4 14. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the Agency of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed pubic improvement. Grantor has no other right or claim to compensation arising out of or connected with the acquisition of the subject property by the Agency, except as specifically set forth in this Agreement, including but not limited to all claims for compensation for improvements pertaining to realty, all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or damages of every kind and nature by reason of Agency's acquisition of the subject property and agrees never to assert such a claim. 15. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The Recitals are and shall be enforceable as a part of this Agreement. 16. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 17. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party 18. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. 19. Governing Law and Venue. This Agreement shall be governed and construed in accordance with California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County, California. 20. City of Antioch Reassessment District 27131 R Assessment (listed as Exception No. 6). The Property is currently a portion of a larger parcel, all of which is encumbered by a City of Antioch Reassessment district 27/31R assessment lien (listed as Exception no. 6 on the preliminary title report). The pro-rata portion of the lien allocable to the Property is approximately $77,401.00. Grantor agrees to pay in full, from the proceeds of this sale, that pro-rata portion of the lien allocable to the Property. Under applicable statutes, the lien cannot be segregated between the Property and the balance of the larger parcel until after the Property is made a separate legal lot by recordation of the deed from Grantor to Agency. Promptly following full execution and delivery of this agreement, Grantor will submit to the City of Antioch an application to begin that segregation. Agency shall pay when due all application fees and other costs and expenses (but not including Grantor's attorneys' fees) which are necessary in order to commence, prosecute, complete and obtain that segregation, including payment of the application fee (anticipated to be $3,000) at the time Grantor submits the segregation application. Agency will cooperate in providing all legal descriptions, surveys and similar information which may be necessary to obtain that segregation. At the close of escrow, there shall be retained in escrow from the purchase price the sum (approximately $77,401) which will be necessary to satisfy the segregated assessment lien on the Property as soon as that segregation is completed. The balance of the sale proceeds shall be distributed 5 by escrow to Grantor at the close of escrow. In the event of any conflict between the previsions of this paragraph 20 and other provisions of this agreement, the provisions of this paragraph 20 shall control." 21. Grantor's Termination Rights. At Grantor's election, this Agreement will be of no force or effect, and the Grant Deed will be returned to the Grantor without being recorded, if Escrow is not closed (by recordation of the Grant Deed and disbursement to the Grantor under Paragraph 5A.D. above)within one hundred twenty (120)days after Grantor's execution of this Agreement. 22. E.B.M.U.D. Landscaping. Agency will be responsible for all landscaping of the E.B.M.U.D. right of way required by Antioch City Planning Commission Resolution No. 93-45. AGENCY GRANTOR CONTRA COSTA COUNTY TIRE PROTECTION DISTRICT Wilson VIII, LP By RECOMM DED FOR APPROVAL: By L ht"/4,� By Paul A. Wilson Real Property Aggfif r, — By - Matthew Wilson 7 incipal Real Property Agent Date: �.�� D o APPROVED: (Date Signed by Grantor) By Public Works Director Date: Date of Board Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description PAS:eh G:\GrpData\RealProp\2000-Flles\00-6\AG12WilsonVIII.doc 6/26/00 Biuerock Fire Station Site Portion 072-012.089 Drawing No. MA201-2000 EXHIBIT "A" PARCEL 1: (Fee Title) Real property in the City of Antioch, County of Contra Costa, State of California, being a portion of Parcel "D" as shown on the map of Subdivision M.S. 2-93, filed December 18, 1996, in Book 170 of Parcel Maps, at page 22, described as follows: Beginning at the most northerly corner of said Parcel "D" (170 PM 22); thence from said Point of Beginning, along the easterly boundary of Parcel 'D", south 28049'57" east 277.00 feet; thence, leaving said boundary of Parcel "D" south 61010'03" west 210.00 feet; thence north 28°49"57" west 222.29 feet to a point on the southerly right of way line of Bluerock Drive, from which a radial line of a non-tangent curve concave to the northwest, having a radius of 270.00 feet bears north 20°45'37" west; thence northeasterly along said southerly right of way line, along the arc' of said curve, through a central angle of 375071", a distance of 178.31 feet; thence north 31024'02" east 43.82 feet to the Point of Beginning. Containing an area of 1.136 acres of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS27). Distances given are grid distance; multiply distances given by 1.00007 to obtain ground distances. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. LAND sl! Signature: rrN ,�, �F� Licensed Land Surveyor � � Contra Costa County Public Works tZ.Yr 00 Exp � - Date: / 7 .Z 00 0 No. 5399 OF 11PWS4\SHAROATA\GRPOATA\CLERICAL\EXHIBITS\2000\FIRE OISTMCT.BOC 3/14100 PROOF OF PUBLICATION Nfl71C8 OF INTENTION TO (2815.5 C.C.P.) Rt1RCHMEREAL PFtfl ERW Super RECEIVED STATS OF CALIFORNIA The rBoard C t s rvity sof Contra Costa County de- County of Contra Costa antes Its inventionson t#wi all price of$324,901,the 11.tae 1 am a citizen of the United States and a resident of the acres of land located at on County aforesaid; i am over the age of eighteen years, and the south side of Sluerock OCT " 2 2000 Drive,east of Lone Tree Way not a party to or interested in the above-entitied matter, in Antioch, California and �s utiona"Nlo".ydescribed In CLERK BOARD OF SUPERVISORS I am the Principal Legal Clerk of the Contra Costa Times, a the eoara and will meet at CC. newspaper of general circulation, printed and published at 1:00 p.m.on September 12, C{7NT13A COSTA 2640 Shadelands Drive in the Cit of Walnut Creek, Count ty A In its Chambers,Coun- Y Y ty Administration Building, of Contra Costa,94598. 551 nine street, Martinez, California, to consummate the purchase. And which newspaper has been adjudged a newspaper of of C ,PHIL BATCHELOR, leric general circulation by the Superior Court of the County of the Board of SupervisorsRlar and Contra Costa,State of California, under the date of October County Administrator 22, 1934.Case Number 19764. By/a/patricla Molloy,Deputy Legal CCT 9248 Pu i#sh August 24, 31; Sept The notice, of which the annexed is a printed copy (set in 7,2000 type not smaller than nonpareil),has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: August 24,31: September 7 all in the year of 2000 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On th a5 7 day of Septa ber, 2000 ✓ .4{.....q.a 7 ss. 6t... .. r4/ r�t'w °r .. ..... Signri f. Contra Costa Times POBox 4147 Walnut Creek,CA 94596 (925)935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published)