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HomeMy WebLinkAboutMINUTES - 11062007 - C.24 TO: BOARD OF SUPERVISORS ontra FROM.: MAURICE M. SHIU, CHIEF ENGINEER ..:� Costa DATE: November 6, 2007 �- �~�4 CO ° -= County UtI SUBJECT: APPROVE and AUTHORIZE the exchange of real property between Contra Costa County Flood Control and Water Conservation District and Jacuzzi et al, Antioch area. (District V) Project No. 7566-6138126 Government Codes §25365 SPI-C'IFIC•IZEOUESI'(S)OR RI_CONIMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: The Board of Supervisors,as the Governing Board for Contra Costa Flood Control and Water Conservation District on October 16, 2007, approved the Notice of Intention to Exchange Real Property between Contra Costa Flood Control and Water Conservation District and Jacuzzi et al(Jacuzzi)and fixing Tuesday,November 6,2007 at 9:30 a.m., in the Board's Chambers. County Administration Building, 651 Pine Street, Martinez, California as the time and place it. would meet to consummate the exchange of real property described therein between the District and Nunn;said Notice was duly published in the Contra Costa Times. The Board found that the District's property is no longer required for present or future District use. APPROVE the exchange of real propertybetween the District and Jacuzzi and the conveyance of the District's property located in the Antioch area to Jacuzzi upon the conveyance of Jacuzzi's property located in the Antioch area to the District. The properties being exchanged between the District and Jacuzzi are of equal value. CONTINUED ON ATTACHMENT: ❑x SIGNATURE: d ad A a RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMNIF TFOIN OF B A D O.MVIN•II17E —� APPROVE OTHER / SIG'NATURE(S): ACTION OF BOZI ON 1�ldl(/C YPIP 464-V d G_ -2",*ROVED AS RECOMMENDED OTHER VOTE QI SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT ✓/ ' COPY OF AN ACTION TAKEN AND FNTI RED ON UNANIMOUS(ABSENT Naj�t� ) MINUTES OF ME BOARD OF SUPERVISORS ON THE AYES: NOES: DA'Z'E SHOWN. ABSENT: ABSTAIN: Orifi.Div. Public Work,(R/P) Contact: Carla Peccianti(313-222-2.) C'P:sr:tr CORcalProp\Board Orders\2007`11-06-07 BO-Jacuzz.i.d6c ATTESTED JOHN C'ULLEN.CLERK OF TI4E BOARD OF SUPERVISORS cc: R Faraone,flood Control 1. Bergeron.Computer Services Public Works Records Grantee(via R/P) BY: DEPUTY Recorder(via R%P) SUBJECT: APPROVE and AUTHORIZE the exchange of real property between Contra Costa County Flood Control and Water Conservation District and Jacuzzi et al, Antioch area. (District V) Project No. 7566-6138126 DATE: November 6, 2007 PAGE: 2 oft RECOMMENDED ACTION: (cont'd.) AUTHORIZE the Chief Engineer, or his designee,to execute said Right of Way Contract. ACCEPT the Grant Deed dated September 7, 2007 from Jacuzzi conveying the property to the District. AUTHORIZE the Chair, of the Board of Supervisors, to execute the Grant Deed from the District conveying the District's property to Jacuzzi. DIRECT the Real Property Division to have the Grant Deed from Jacuzzi delivered to Placer.Title Company, 1981 North Broadway, #100, Walnut Creek, CA 94596, recorded in the Office of the County Recorder and deliver to Jacuzzi the Grant Deed from the District for recording according to the terms of the Right of Way Contract. FISCAL IMPACT: There is no impact to the County General Fund. No monies are being exchanged between the parties REASONS FOR RECOMMENDATIONS AND BACKGROUND: On August 29.2005 the Board of Supervisors,as Governing Board for the Contra Costa County Flood Control and Water Conservation District, adopted the Environmental Impact Report for Future Urban Area 2, certified by the City of Antioch on December l;, 1995. The Findings and the adoption of the EIR covered all real property transactions associated with the relocation of DA56 Line Z and the completion of the Lindsey Detention Basin. The District originally acquired property from Nunn in April 1990,for DA56 Line Z Channel. This alignment crossed through the Nunn property bifurcating it into two smaller parcels. The construction of State Route 4 Bypass(SR4BP)allowed the District to reconfigure Lindsey Basin and realign DA56 Line Z Channel so it would no longer separate Jacuzzi's property. For the District to be able to relocate DA 56 Line Z Channel, it requires the acquisition of additional real property from Jacuzzi. DA56 Line Z Channel was moved to the new property under a Right of Entry. Now, the property acquired from Jacuzzi in 1990 is surplus to the District's needs. Rather than exchange money between the District and Jacuzzi,both parties prefer to exchange property riglits without monetary consideration. CONSEQUENCES OF NEGATIVE ACTION: The District will not have the property rights necessary for the relocation of DA56 Line Z Channel and will have to purchase the property. Recorded at the request of: Contra Costa County Flood Control & Water Conservation District Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Carla Peccianti Assessor's Parcel No. Portion of 053-072-017 Placer Title Co. Escrow No. 615-9783 GRANT DEED For Value Received, receipt of which is hereby acknowledged, Lawrence Fenolio and Lola .Fenolio, as Trustees of the Fenolio Family Trust U/T/A dated October 24, 1988, as amended and restated as of August 15, 1989, as to an undivided 20% interest, Tullio Jacuzzi, Trustee of the Tullio Jacuzzi Revocable Trust Dated July 25, 2000, as to. an undivided 10% interest, Daniele Jacuzzi and Jean Pfeiffer Jacuzzi,Trustees of the Daniele Jacuzzi Family Trust U/T/A Dated May 23, 1986, as to an undivided 20% interest, Laura Lea Jacuzzi, an unmarried woman, as to an undivided 2.86% interest Marianne Jacuzzi, a married woman, as to an undivided 1.43% interest, Robert Arthur Mohr, a married man, as to an undivided 1.43% interest, Douglas Reid Jacuzzi and Georgia Dee Hodges husband and wife as joint tenants as to an undivided 2.86% interest, Leanna Jacuzzi Thomas, a married woman, as to an undivided 1.43% interest, Bradley Jonathan Thomas, a married man as to an undivided 1.43% interest, Marc Lewis Jacuzzi, a married man, as to an undivided 1.43% interest, Kimberly A. Jacuzzi, a married woman as to an undivided 1.43% interest, Rodolfo Jacuzzi and Mary B. Jacuzzi, Trustees of the Jacuzzi Living Trust dated June 16, 1993 as to an undivided 5.7% interest, Olga Jacuzzi Gall, Trustee of the Richard Gilmour Gall Exemption Trust dated March 13, 1978, as amended and restated on April 15, 1985, as to an undivided 10% interest, Richard G. Gall, II an unmarried man, as to an undivided 2.5% interest, Raymond Karl Gall, an unmarried man as to an undivided 2.50/0 interest, Robert Charles Gall, a married man as his sole and separate property, as to an undivided 2.5% interest, and Marjorie Lynn Gall Himes, a married woman as her sole and separate property as to an undivided 2.5% interest, Linda Emery and Richard Jacuzzi Successor Trustees of the Clydia C. Jacuzzi Revocable Trust Dated July 25, 2005, as to an undivided 10% interest, GRANTS to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic existing under the law of the State of California, Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT ""A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date S �� .� ����``l Jacuzzi, et al BY By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi . By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi . By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �,�°r.�,�r,�r.�r,�r,�:c�-c.�:c�:e,�=c,�r,:r.,�:r.�r,-r.�rc��=c.�r.�r,�.r,�.r,�,c�,=`.�.r,�.rxrxr,�rcr,�r,�rxx,�r,�•�:.�.r,=c,�.r,r.�c,�r.�r,�=.ci=c State of California County of CallirQ Oh �C�J�1t17,� y ,� 7f 2C-,C before me, ci i'1 t( f E /� , �;l i Ci:; , iv�:{�.r µk i� 1 C._. Date Name and Title of Officer(e.g.."Jane Doe,Notary Public") personally appeared LC; Y2 Name($)of Signer(s); L Verso( y E personally known to me !V(or proved to me on the basis of satisfactory evidence) to be the person whose nam is4te)subscribed to the CAMILLE A. CHICO . within instrument and acknowledged to. me that COMM. #1585806 �' Q NOTARY PUBLIC CALIFORNIA he/sh tey�executed the same in his/her eir authorized 0 • CONTRA COSTA COUNTY capacity fes , and that by his/he their signaturep on the My Comm.Expires June 7,2009 instrument the persons , or the entity upon behalf of which the person @21acted, executed the instrument. WITNESS my hand and official seal. Price Notary Seal Above ' Signature of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description.of Attached Document Title or Type of Document: f t i Document Date: .. fL%%�L'%%. G.�i�•' ! _-_ Number of Pages: �" y Signer(s) Other Than Named Above: Capacity res,) Claimed by Signer�(sj Signer's Name: �U�"' �)<'C: f_ .%t %1` +' Signer's Name: Individual - Individual I.._ Corporate Officer — Title(s): __...- l:_. Corporate Officer — Title(s): !!_I Partner — ---_. Limited 1_ General 1 Partner — __ll Limited F-1 General =l Attorney in Fact _J Attorney in Fact ' Trustee To f;o::F-.LJr-b her _u'firustee Torr of thumb here .� 1 , -1 Guardian or Conservator _ Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: 2006 National Notary Association•9350 De Soto Avc.P.O.Box 2402•Chatsworth.CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT""A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenol' , Trustee Lola Fenolio, Trustee By By Tullio Jac i, Trustee� Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Robert Ch es Gall i r By By Marjorie Lyn Gall Himes Richard acu i ByiLn? Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Klagorie Lyn Gall Himes By By Robert Charles Gall Richard Ja` zzi By. Linda Emery OZ ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07.doc STATE OF ARKANSAS COUNTY OF GARLAND I, DEBORA LOGAN, NOTARY, WITNESSED SIGNATURES OF RICHARD JACUZZI AND TULLIO JACUZZI, AND VIEWED IDENTIFICATION FOR BOTH. NOTARY, DEBORA LOGAN DATE OF SIGNATURES N111111"''"% "o, o�ee19'?�� ' 2' . � i��99 •.�'•ARLANJp`cP�` LIC The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By gy ate- - �,GS�`-� Tullio Jacuzzi, Trustee DanieliOacuzzi, T ee By Jean Pf iffej acuzz�Trust e' Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Marjorie Lyn Gall Himes By By Robert Charles Gall Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07.doc ALL-PURPOSE ACKNOWLEDGMENT State of California Gr SS. County of On t acC`7 before me. i l,:\I L. ` I NMARY I pet:sonafy appeared Aa _-L SIGNf k�tii personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( les), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf o1: which The persons) acted, executed the instrument. WITNESS my hand and official seal. SUZANNE M.GUNDERMAN NCOMM.# 1664021 m 1 NOTARY POIX-C UFOpNA p. sum COUNTY r QMYCM.EV.V1AY4,20i0 NOTARY'S SIGNATURE OPTIONAL. INFORMATION The information below is not required by law. However, it could prevent Fraudulent attachment of this acknowl- edsment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ ATTORNEY-IN-FACF -- NUMBER OF PAGES TRUSTEES) ❑ G.LIARDIAN/C'ONSEiRVATOR DATE OF DOCUMENT ❑ 0"1-HER: — OTHER SIGNEIR IS REPRESENTING: RIGFIT THUMBPRINT L NANIE CSP PI.Rti, WS)OR ENTITY(II-S OF E - SIGNER n RA, /99 y4Ll -.)'.SIERRA. 800-36' 3369 The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laur a Jacuzzi c,�� By By Marianne J u i /Robert A hur ohr ` �J By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc CERTIFICATE OF ACKNOWLEDGMENT OF EXECUTION OF SIGNATURE REPUBLIC OF IRELAND) COUNTY AND CITY OF DUBLIN) ss: EMBASSY OF THE) UNITED STATES OF AMERICA) I, Rima J. Vydmantas, Vice Consul of the United States of America at U.S. Embassy, Dublin, Ireland, duly commissioned and qualified, do hereby certify that on 7`" September, 2007, before me personally appeared Robert Arthur Mohr, identified by U.S. passport 701778850, and Marianne Jacuzzi, identified by U.S. passport 701586050 who executed the attached document in my presence. In witness whereof I have hereunto set my hand and official seal the day and year last above written 41 RimAI-Vydmantas Vice Consul-of-the' United States of America The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi bert Art r Mohr By i ;/ /�--� , By ,? D s Reid Jacuzzi Georgia flee Hod es By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of SAN FRANCISCO On SEPTEMBER 04, 2007 before me, BONNIE HUGH, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared GEORGIA DEE HODGES and DOUGLAS REID JACUZZI NAME(S)OF SIGNER(S) ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i are .subscribed to the within instrument and ac- knowledged to me that he/sh a xecuted the same in his/her heir ' authorized capacity(ies), and that by his/her hei signature(s) on the instrument the person(s), WNME HUGH or the entity upon behalf of which the CofyPubli c-CaliforniaoCaliforniallotary PubliX1462299 � person(s) acted, executed the -instrument. Son Francisco County My Comm.t iesJan13,200t1 WITNES�nyhand andoffi ial seal. ! f �/�--�-z---E � J SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ® INDIVIDUAL ❑ CORPORATE OFFICER GRANT DEED TITLE OR TYPE OF DOCUMENT. TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Date i( _ L-71 _ 07 GRANTORS Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr. By . By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna J Ouzzi T as Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc State of California } County of� }ss. �- On C1- y C-1 , before me, (,,CYI �f e4) _ , the undersigned Notary Public, personally appeared /-Q-C14L4c-1-. J �r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized.capacity('es), and that by his/her/their signatures(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESSED my hand and official seal. LORI FALLOW COMM. #1680,412 v NOTARY PUBLIC-CALIFORNIA No Signature NEVADA COUNTY n + . COMM.EXPIRES JULY 26,2010 - - - - - - - - - - - - - - - - - - - - - - - - - - OPTIONAL- - - - - - - - - - - - - - - - - - - - - - - - - - Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers(s) Other Than Named Above: The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas Y � Y Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gail, Trustee Richard G. Gall, II By By Raymond Karl-Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc State of California County of Alameda On September 5th, 2007 before me, the undersigned, a notary public, personally appeared o--N<1( L Pw % ; z Z ► Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to ire that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official sea] , M SULLIVAN 0my COMM.#1553673 m WNotary Public-CailforniaALAMEDA COUNTYN S l gn ature Comm.Exp.March 16,2009 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I . I (, State Of -8-y;Gx r1\a- (..!, County of ccy"-r N-a_ u.,S� Y�b2 r Cp ` m N 11 l,f bl�C On �c�itl( before e, �,t�c'Y�Q_. �� Cl , Date Name and Title of Officer(e.g.•-Jane Doe,Nolajly Pu lic") personally appeared \1 1(0006] 3ctC, U_7_2_ l I ( Name(s)of Signer(s) ! personally known to me-OR-!proved to me on the basis of satisfactory evidence to be the person( whose name( is/afe subscribed to the within instrument ( I and acknowledged to me that.he/she/tom executed the same in lots/her/tl4ek authorized capacity(ies), and that by E -#ts/her/t#eir signature(s'J on the instrument the person(, LINDA HEASELL or the entity upon behalf of which the person( acted, I f:, ,.•;=; COMM. #1608262 executed the instrument. (.: �iH • },� NOTARY PUBIJC-GALIFOR.PdIA NI CONTRA COSTA CO N b,2009 rS TY MyCOMM.EXpires rWITNESS my hand and official seal. 2! 0 0 !�! L V : Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent > ! fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i I Document Date: Number of Paaes: ! . Signer(s) Other Than Named Above: r � Capacity(ies) Claimed by Signer(s) , Signer's Name: Signer's Name: C Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ; D Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ ❑ Trustee ❑ Trustee177 ,' I ' ❑ Guardian or Conservator - ❑ Guardian or Conservator ; 1 ❑ Other: Top of thumb here E] Other; Top of thumb here i 110 ! Signer Is Representing: Signer Is Representing: --` :: 7 r L•-ti-:L �>CC t CC G ✓ C 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT ""A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Ja uzzi Kimberly A. Jacuzzi By e6—L aL) ' B b.,4u, Rodolfo u i, Truse4e B. Jacu r, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 5-22-07 recorder.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca' rnia J County of '1 O 4,-d %'X�'efle me, Date f Name and Title of Officer le.g.."JaneADoe,Notary Public') personally appeared U 1 6% of am (s)of Signer(s) • Z , personally known to me (or proved to me on the basis of satisfactory evidence) to be theerson Asons names is/are subscribed to the % f = A ���;^ t., within instrument and acknowledged to me that y,rr V y he/she/they executed the same in his/her/their authorized ity(iesl. and that by his/her/their sicinature(s) on the instrument the erson or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my harro and official seal. i A r Place Notary Seal Above Signature / Signature of Notar Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anothe document. Description of Attached Document J Title or Type of Document: C,:zlr Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual = Individual Corporate Officer—Title(s): J Corporate Officer—Title(s): Partner—E Limited - General 7 Partner—u Limited E General - Attorney in Fact Attorney in Fact ' Top of t7ur-b here lop of thumb here F. Trustee ❑Trustee .D Guardian or Conservator Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: I .r`i.'.2006 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder:Call Toll-Free 1-800-876-6827 RONALD E NUNN POB DOC NO. 90-'i12836 10834 OR 486 POR TDOCSNO CORNER O1 1072CEL 12 S89'20'29"E 259.81' / 221.10' 17"E (R) / NORTH LINE OF JACUZZI PARCEL 566.2_9'37"W(R) A=0'45'20" ,p PER DOC. N0. 2005-39197 N56°43'12 {"E R I R=3123.03' J L=41..18' - — �- — — LP r, ` A=23'46'47' R=841.14 L=349.10' E1/2, SEC 34, T.2N., R.2E., MDB&M r. IJ Exp 112-31-Q7 A=10*45'03" Nd:.4998 R=328.10' `� L=61 .56' Lr, 4jF OF. Lr STATE ROUTE 4 w BYPASS A=16°23'03" PARCH SM DOG NO R=1232.001`1072 ' FLOOD CONTROL L=352.29' CHANNEL TRUAR LAND INVESTMENTS 265,452 sq.3t= CORPORATION S86°07 59 WLR)- 6A9 At DOG NO.2005-31964 o N8�° L4 ? 0 100' 200' 300' POB = POINT OF BEGINNING LEMA=4°47'33" cn SCALE — 1"=200' (R) = RADIAL BEARING R=3123.03' � W.0 = ABUTTERS RIGHTS L=261.22' RELINQUISHED (PER DOC N0. 2007-211072) S85'1?'19'�W�R JA�� ET AL o BEARINGS USED ARE BASED ON 6.06 5 11 EI,R� DOG NaNQ 2QOS-391917 THE CALIFORNIA COORDINATE N SYSTEM OF 1983, ZONE 3. c DISTANCE ARE IN GROUND, �'- MULTIPLY DISTANCES SHOWN BY A-23.31'19" ri A=4°13'09" 0.99993642 TO OBTAIN GRID R=1008.14' R=2900.19' DISTANCES. L-413.88' - L=213.57' SOUTH 1/4 COR SEC 34 - T.2 S., R.2 E., Si°41 '27".W MDB&M 80°22�26ti'yy ' 12.28' S89'30'1 5"E 959.76' N89°30'15"W 177.92' SOUTH LINE OF S89°30'15"E 1137.68'(T) E1/2, SEC' 34, T.2N., PORTION OF E 11/2 SEC 34,T 2 K R°2 E,MDB&M R.2E., MDB&M Mark CONTRA COSTA COUNTY FLOOD CONTROL Cit6 of Antioch Thomas & AND WATER CONSERVATION DISTRICT in ontra Costa Company, IncDRAWING NO. FA-20011 County, California Scale 1" = 200' EXHIBIT B Date AUG 29, 2007 Plat to Accompany Legal Description Drown By TWP 8/29/2007 Checked By AMM APN 053-072-024 VA9l-98042\CARD\Draw1ng\plats For aqulsltion\60012 - Jacuzzl'et at - Channel Row 7-30-07.dwg 8/29/2007 9:40-40 AM PDT The following described real property in the City of Antioch,County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT ""A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee i ByBy 01'ga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ! ss. County of �//�✓,' yam- ) On 2 0 V7 before me, Date Name and Title of Officer(e.g— a Doc,Notary P is") personally appeared G /*t v _ e, --� I Name(s)of Signerjs) , .. personally known to me �•, I � LI proved to me on the basis of satisfactory evidence ; to be the person whose name( is/0e ' subscribed to the within instrument and i acknowledged to me that tae/she/th L%y executed MARK W. MASTERS the same in hiss/her/tk6ir authorized COMM:#1732915capacity(ies), and that by his/her/thir NOTARY PU"-CAfffORNW; signature(s`f on the instrument the person, or GE I i 1� ORANCMIM the entity upon behalf of which the person'(W Comm..Expires'/br.ll.ZOlI acted, executed the instrument. h1 WITNESS d andficial eal. I rh, Signafurc of Notary bloc — '! OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I Description of Attached Document pRi Title or Type of Document: 5✓1 A I Document Date: Number of Pages: ' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer I Signer's Name: ' Individual Top of thumb here - Corporate Officer — Title(s): Partner — J Limited General :1 Attorney-in-Fact = Trustee 1 Guardian or Conservator l Other: ! Signer Is Representing: ` ?,1999 National Notary Assoc,ation-9350 De Soto Ave..P.O Box.2402•Chatsworth.CA 91313-2402-www.nationalnotary.org Prod No 5907 Reorder.Call Toll-Free 1.800-875.8827 The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al BY By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee .By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II BY By Raymond Karl Gall Robert Charles Gall i B /l Y � By Ma orie-.L�Gall Him'ess1/ Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al B-22-07 recorder.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of r before me, " L.-r - = Ur b ' Date Name and Titie of Officer(eg..`Jane Doe.Notary'Public•) personally appeared /�'X'�'ctr10.� ` L rt/d 0_-i-< ' ;177 -� Name(s)of Signer(s) Fj personally known to me �"proved to me on the basis of satisfactory evidence to be theerso whos aN a'( isJar subscribed to the within instrument and acknowledged to me that CINDY 1.PESTOTNIK e .14e sh /they- executed the same in - f/thLir CommisslOn# 1648735 Z ;-® Notary Public California authorized capacity(iibs� and that by EC tti-- orange County signat re(s4on the instrument the ers (s•;L, or the My Com M. Expires Mar 30,2010 entity upon behalf of which the erso�'s�acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ,;'�/��' Sionature of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: —. ._. Number of Pages: Signer(s) Other Than Named Above: . Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signers Name: ;-I Individual %; Individual _I Corporate Officer—Title(s): __. [J Corporate Officer—Title(s): _ Panner—f Limited General - Partner—i__ Limited ❑ General _ Attorney in Fact _ Attorney in Fact lot::,;i'.nurnr.,fieri: y Top of thumb here Trustee _i Trustee F. Guardian or Conservator I.I Guardian or Conservator Other: rJ Other: Signer Is Representing Signer Is Representing: ,0 2004 National Notary Association•9350 De Soto.Ave..P.O.Box 2402•Chatswortn.CA. 91313-2402 tern No 5907 Reorder:Call Toll-Free 1-800-8766627 The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley )onathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga cuzzi al st - _ Richard G. Gall, II By ,. By aymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r ,cr �� r _.:. The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Marjorie Lyn Gall Himes By By Robert Charles Gall Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07.doc State of Missouri County of Vernon On this 5"' day of September in the year 2007, before me, the undersigned notary public, personally appeared .Linda Emery, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the. purposes therein contained. In witness whereof, I hereunto set my hand and official seal. CCS Charles R. Edmonds CHARLES EDMONDS Notary Public-Notary Seal STATE OF MISSOURI Vernon County Commission # 05533789 My Commission Expires: L — ��`J The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jac,6.6 By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard G. Gall, II By By Raymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc ACKNOWLEDGMENT State of California County of 5 C/0_rl On rZ before me, (here insert name and title of the officer) personally appeared 4-.-e.n .TLS 7-'7-t personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. COMM#1643570 REINArn Notary LA WVo�°"couNry Signature OMYCOM Febe,2410 (Seal) The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date I "/` �� Jacuzzi, et al By By Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee ary B. cu i Trustee By By Olga Jacuzzi Gall, Trustee r a I, II By By Raymond Karl Gall Robert Charles-Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\AealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 8-22-07 recorder.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `. o State of California ss. County of IV1 (✓ On tSYM L before me, l/1'1I2f5T1 N(;� I"I . w 1(.S�/y f 1 vO17�iY�l�c.IC. Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Name(s)of Signer(s) Li personally known to me roved to me on the basis of satisfactory evidence CHRISTINE M.WILSON to be the perso ) whose name� e subscribed Commission# 1617097 t the within ins rument and ack owledged to me that @My Notary Public-Callfornla he 5/tf executed the same inh /t it Orange County authorized capacity�ies`� and that byai �e it comm.Expires Oct 30,2 signature( on the instrument the person), 6r thb entity upon behalf of which the persons) acted, executed the instrument. WITN my hand and o Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: . Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual ❑ Individual ,❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited CI General ❑ Partner—Cl Limited ❑ General C. Attorney in Fact IRWIN • y Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator D. Other: ❑ Other: Signer.Is Representing: Signer Is Representing: t,2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 The following described real property in the City of Antioch, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTORS Date Jacuzzi, et al By BY Lawrence Fenolio, Trustee Lola Fenolio, Trustee By By Tullio Jacuzzi, Trustee Daniele Jacuzzi, Trustee By By Jean Pfeiffer Jacuzzi, Trustee Laura Lea Jacuzzi By By Marianne Jacuzzi Robert Arthur Mohr By By Douglas Reid Jacuzzi Georgia Dee Hodges By By Leanna Jacuzzi Thomas Bradley Jonathan Thomas By By Marc Lewis Jacuzzi Kimberly A. Jacuzzi By By Rodolfo Jacuzzi, Trustee Mary B. Jacuzzi, Trustee By By Olga Jacuzzi Gall, Trustee Richard . Ill, II Y Y B B � � Raymond Karl Gall Robert Charles Gall By By Marjorie Lyn Gall Himes Richard Jacuzzi By Linda Emery ATTACH APPROPRIATE ACKNOWLEDGMENTS Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 Jacuzzi et al 5-22-07 recorder.doc ACKNOWLEDGMENT State of California County of Los Angeles On September 6, 2007 before me, Helen Yen Ho, Notary (here insert name and title of the officer) personally appeared Robert Charles Gall personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offici . seal. NM WN IN -10Conn WOM 0 1476704 UxAngels Cow* Signat a MyC =LExpIaWor14. (Seal) Parcel 5019 Drawing Number FA20011 Exhibit"A" Land Description of a parcel of land situate in City of Antioch, County of Contra Costa, State of California; said parcel being a portion of that certain parcel of land described in the Grant Deed to Jacuzzi et al, recorded. February 3,2005 as Doc.No.2005-39197 in Official Records of Contra Costa County, State of California,same parcel being more particularly described as follows: PARCEL 5019(Fee Title): I I I I Beginning at the northeasterly corner of Parcel 12 (60012-1) described in the Final Order of Condemnation i recorded July 23,2007 as Doc.No. 2007-211072,Official Records of Contra Costa County, being a point on the north line of said Jacuzzi parcel; thence along the north line of said Jacuzzi parcel, South 89°20'29" East, a I i distance of 221.10 feet; thence leaving said northerly line and crossing through said Jacuzzi parcel for the i following six (6) courses: (1) South 18°39'24" East, a distance of 373.51 feet, (2) South 13°02'19" East, a i distance of 355.23 feet, (3) South 04°41'49" last, a distance of 335.64 feet, (4) South 02°42'01" East, a distance of 171.87 feet to the beginning of a tangent curve to the right, having a radius of 2900.19 feet, (5) southerly along the arc of said tangent curve to the right having a radius of 2900.19 feet, through a central angle i of 04°13'09",an are distance of 213.57 feet, (6) South 01"41'27" West,a distance of 12.28 feet to the south line I of said Jacuzzi parcel, said south line also being the south line of the east half of Section 34; thence along said i south line,North 89'30'15"West,a distance of 177.92 feet to the southeasterly corner of said Parcel 12(60012- 1), being the beginning of a non-tangent curve to the left from which point the center bears North 80122'26" i I West, 1008.14 feet; thence along the easterly line of said Parcel 12 (60012-1) for the following six(6) courses: (1)northerly along the are of said non-tangent curve to the left having a radius of 1008.14 feet,through a central j angle of 2391'19", an arc distance of 413.88 feet to the beginning of a non-tangent curve to the left from which i Parcel 5019 Drawing Number FA20011 i point the center bears South 85°12'l 9" West, 3123.03 feet,(2)northerly along the arc of said non-tangent curve i to the left having a radius of 3123.03 feet.,through a central angle of 04°47'33", an arc distance of 261.22 feet to I the beginning of a non-tangent curve to the left from which point the center bears South 86°07'59" West, 1232.00 feet, (3) northerly along the are of said non-tangent curve to the left having a.radius of 1232.00 feet, through a central angle of 16°23'02", an arc distance of 352.29 feet to the beginning;of a tangent reverse curve to the right, having a radius of 328.10 feet, (4) northerly along the are of said tangent reverse curve to the right having a radius of 328.10 feet, through a central angle of 10°45'03", an are distance of 61.56 .feet to the beginning of a tangent reverse curve to the left,having a radius of 841.14 feet,(5) northerly along the arc of said tangent reverse curve to the left, having a radius of 841.14 feet, through a central angle of 23°46'47", an are distance of 349.10 feet to the beginning of a non-tangent curve to the left, from which point the center bears South 66°29'37" West, 3123.03 feet, (6) northerly along the arc of said non-tangent curve to the left having a radius of 3123.03.feet, through a central angle of 00°45'20", an are distance of 41.18 feet to the True Point of I Beginning. Containing 6.09 acres,more or less. Excepting therefrom: All oil,gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the i surface of said land, together with the right to take, remove, mine, pass through and dispose of all said oil, gas, I casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to enter upon the surface of said land or upon any part of said lands within 500 feet thereof. j. Bearings used in the above description are based on the California Coordinate System of 1983, Zone 3. Distances are in ground, multiply distances shown by 0.99993642 to obtain grid distances. I I I i Parcel 5019 Drawing Number FA20011 This description has been prepared at Mark Thomas & Company, hie., by me, or under my direction, in conformance with the Professional Land Surveyor's Act. r LAND SURD / Exp.12-31-07 Larry B.. 01u1so . *� No.4998 �* Date Professional nd Surveyor 9lF of CAoF California No.4998 I i I I I i I I i I I I i i I I l DA-56 Line 7" Portion of Parcel 1564 Grant Deed from CCCFC&WCD to Jacuzzi Drawing Number FA 20,003 EXHIBIT "B" Real property in the City of Antioch, County of Contra Costa, State of California, being a portion of the southeast quarter of Section 34, Township 2 North, Range 2 East, Mount Diablo Meridian, and being a portion of Parcel 1564 as described in the deed to Contra Costa County Flood Control and Water Conservation District (CCCFC&WCD) recorded April 11, 1990 in Book 15781 of Official Records at page 959, Contra Costa County, California, described as follows: Parcel 5003 Beginning at the northeast corner of said Parcel 1564 (15781 O.R. 959) as shown on drawing number ED-10173 on file in the Contra Costa County Public Works Department Records section, being a point on a non tangent curve, concave to the west, a radial from said point bears south 82041'09" west; thence southerly along said curve and easterly line of said Parcel 1564, having a radius of 4099.96 feet, through a central angle of 1049'14", an arc length of 130.28 feet; thence south 84030'23" west, 2.00 feet to a point on a tangent curve concave to the west, a radial from said point bears south 84030'23" west; thence southerly along said curve and easterly line of said Parcel 1564, having a radius of 4097.96 feet, through a central angle of 4013'20", an arc length of 301.99 feet; thence north 88043'43" east, 2.00 feet to a point on a tangent curve concave to the west, a radial from said point bears south 88043'43" west; thence southerly along said curve and easterly line of said Parcel 1564, having a radius of 4099.96 feet, through a central angle of 12040'01", an arc length of 906.42 feet; thence south 78036'16" east, 1.00 feet to a point on a tangent curve concave to the west, a radial from said point bears north 78036'16" west; thence southerly along said curve and easterly line of said Parcel 1564, having a radius of 4100.96 feet, through a central angle of 1 025'11", an arc length of 101.62 feet to the southeast corner of said Parcel 1564; thence westerly along the southerly line of said Parcel 1564 north 89012'18" west, 59.88 feet to a point on a non tangent curve concave to the west, a radial from said point bears north 88025'37" west; thence northerly along said curve having a radius of 2900.22 feet, through a central angle of 2015'59", an arc length of 114.72 feet to a point on the westerly line of said Parcel 1564; thence south 78036'16" east, 3.92 feet to a point on a tangent curve concave to the west, a radial from said point bears north 78036'16" west; thence northerly along said curve and westerly line of said Parcel 1564, having a radius of 4022.96 feet, through a central angle of 5037'47", an arc length 1 of 395.28 feet; thence south 84014'03" east, 3.00 feet to a point on a tangent curve concave to the west, a radial from said point bears north 84014'03" west; thence northerly along said curve and westerly line of said Parcel 1564, having a radius of 4025.96 feet, through a central angle of 7002'14", an arc length of 494.48 feet; thence north. 88043'43" east, 2.00 feet to a point on a tangent curve concave to the west, a radial from said point bears south 88043'43" west; thence northerly along said curve and westerly line of said Parcel 1564, having a radius of 4027.96 feet, through a central angle of 4013'20", an arc length of 296.83 feet; thence south 84030'23" west, 2.00 feet to a point on a tangent curve concave to the west, a radial from said point bears south 84030'23" west; thence northerly along said curve and westerly line of said Parcel 1564, having a radius of 4025.96 feet, through a central angle of 1'58'14", an arc length of 138.46 feet to the northwest corner of said Parcel 1564; thence easterly along the north line of said Parcel 1564 south 89012'18" east, 74.76 feet to the point of beginning. Containing an area of 106,132 square feet of land, more or less. Exhibit "B-1" (Drawing number FA 20,003) attached and by this reference made a part hereof. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. O ,AND SU Signature: A. 9 Licensed Land Surveyor * Exp.9/30/07 Date: cQ/` N� L.S.6571 CAS-��O G:\Design\SURVEYS\Legals\Exhibits2007\DA56LineZJacuzziQuitclaim.doc KT:js August 2,2007 2 EXHIBIT 1113 - 111 PLAT TO ACCOMPANY EXHIBIT "B" �O 1"-200' d� -o Q n Nunn O r 10834 O.R. 480 7 O w ,,S89- 12'18"E 74.76 6o P.O.B. 41' 9"�NtR� c) 582 t° n �Detail 2.00 n ' 2.00 N.T.S. S840 30'23"W S84° 30'23"W ip 0 00 N Jacuzzi, et. al. 2005-411579 N. 2.00 Detail2.00 N880 43'43"E N.T.S. N880 43'43"E o FCPID 5,003 Area-106,132 sq. ft. o � Curve Data U �p Detail Ul No. Radius Length Delta C1 4099.96 130.28 10 49'14" N.T.S. ILI C2 4097.96 301.99 4013'20" 3.00 v C3 4099.96 906.42 120 40'01" S84 14 03 E E_ (D C4 410 0.9 6 101.62 10 25'11" LO C5 2900.22 114.72 2015'59" C6 4022.96 395.28 50 37'47" tv : a C7 4025.96 494.48 70 02'14" C8 4027.96 296.83 4013'20" w C9 4025.96 138.46 1° 58'14" =p o v Portion encumbered by C.C.W.D. N Oo easement 2006-0067366 D 00 Areo-23,930 sq. ft. o ——__ I Detoil. 3.92 N.T.S. C5 S780 36'16"E 1.00 588 25'37_E(R _ C4 ......... S78° 36'16"E PCL.A _ _ 59.88 N89° 12'18"W 430 M 41 464 Por PCL. F M o 18 3 U City of Antioch U / 2004-290737 See ED-10172 & ED-10173 DA-56 Line"Z" C.C.C.F.C.&W.C.D. to Jacuzzi, et. al. Instrument Grant Deed Scale 1"-200' Dole August 2007 Drown By KT Dwg. No. FA 20.003 Series No. Recorded Checked By JS Cod File bwaaw:ortoa.t.ap. Recorded at the request of: Contra Costa County Redevelopment Agency Flood Control &Water Conservation District Return to: Rudy Jacuzzi P. 0. Box 885 Benicia, CA 94510 DA 56 Line Z Portion of Parcel 1564 GRANT DEED For Value Received, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic existing under the laws of the State of California, GRANT(S) to Lawrence Fenolio and Lola Fenolio, as Trustees of the Fenolio Family Trust U/T/A dated October 24, 1988, as amended and restated as of August 15, 1989, as to an undivided 20% interest,Tullio Jacuzzi,Trustee of the Tullio Jacuzzi Revocable Trust Dated July 25, 2000, as to an undivided 10% interest, Daniele Jacuzzi and Jean Pfeiffer Jacuzzi, Trustees of the Daniele Jacuzzi Family Trust U/T/A Dated May 23, 1986, as to an undivided 20% interest, Laura Lea Jacuzzi, an unmarried woman, as to an undivided 2.86% interest Marianne Jacuzzi, a married woman, as to an undivided 1.43% interest, Robert Arthur Mohr, a married man, as to an undivided 1.43% interest, Douglas Reid Jacuzzi and Georgia Dee Hodges husband and wife as joint tenants as to an undivided 2.86% interest, Leanna Jacuzzi Thomas, a married woman, as to an undivided 1.43% interest, Bradley Jonathan Thomas, a married man as to an undivided 1.43% interest, Marc Lewis Jacuzzi, a married man, as to an undivided 1.43% interest, Kimberly A. Jacuzzi, a married woman as to an undivided 1.43% interest, Rodolfo Jacuzzi and Mary B. Jacuzzi, Trustees of the Jacuzzi Living Trust dated June 16, 1993 as to an undivided 5.7% interest, Olga Jacuzzi Gall, Trustee of the Richard Gilmour Gall Exemption Trust dated March 13, 1978, as amended and restated on April 15, 1985, as to an undivided 10% interest, Richard G. Gall, II an unmarried man, as to an undivided 2.5% interest, Raymond Karl Gall, an unmarried man as to an undivided 2.5% interest, Robert Charles Gall, a married man as his sole and separate property, as to an undivided 2.5% interest, and Marjorie Lynn Gall Himes, a married woman as her sole and separate property as to an undivided 2.5% interest, Linda Emery and Richard Jacuzzi Successor Trustees of the Clydia C. Jacuzzi Revocable Trust Dated July 25, 2005, as to an undivided 10% interest, The following described real property in the City of Antioch, County of Contra Costa, State of California, Z:\GrpData\RealProp\Cada\Acquistion\Deeds\DE.01 grant deed to Jacuzzi 8-22-07 recorder.doc FOR DESCRIPTION SEE EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. G R Date: NOVEMBER 06, 2007 By hair, Bo r pervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On 1W' 06' before me,. �L• g1ARP Deputy Clerk of the Board of Supervisors, Contra Costa County,personally appeared SUP. MARY P= , who is personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their..authorized .capacity(ies), and that by. his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted . executed the instrument. WITNESS my hand and official seal. 57 By: �— De utv Clerk Z:\GrpData\RealProp\Cada\Acquistion\Deeds\DE.01 grant deed to Jacuzzi 8-22-07 recorder.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page I of 7 Martinez, California , 2007 Project Project No. DA56 Flood Control 7566 6D 8126 Channel Line Z This Agreement is entered into by and between Contra Costa County Flood Control and Water Conservation District, a body corporate and politic of the State of California hereinafter called "District" and Lawrence Fenolio and Lola Fenolio, as Trustees of the Fenolio Family Trust U/T/A dated October 24, 1988, as amended and restated as of August 15, 1989, as to an undivided 20% interest, Tullio Jacuzzi, Trustee of the Tullio Jacuzzi Revocable Trust Dated July 25, 2000, as to an undivided 10% interest, Daniele Jacuzzi and Jean Pfeiffer Jacuzzi, Trustees of the Daniele Jacuzzi Family Trust U/T/A Dated May 23, 1986, as to an undivided 20% interest, Laura Lea Jacuzzi, an unmarried woman, as to an undivided 2.86% interest Marianne Jacuzzi, a married woman, as to an undivided 1.43% interest, Robert Arthur Mohr, a married man, as to an undivided 1.43% interest, Douglas Reid Jacuzzi and Georgia Dee Hodges husband and wife as joint tenants as to an undivided 2.86% interest, Leanna Jacuzzi Thomas, a married woman, as to an undivided 1.43% interest, Bradley Jonathan Thomas, a married man as to an undivided 1.43% interest, Marc Lewis Jacuzzi, a married man, as to an undivided 1.43% interest, Kimberly A. Jacuzzi, a married woman as to an undivided 1.43% interest, Rodolfo Jacuzzi and Mary B. Jacuzzi, Trustees of the Jacuzzi Living Trust dated June 16, 1993 as to an undivided 5.7% interest, Olga Jacuzzi Gall, Trustee of the Richard Gilmour Gall Exemption Trust dated March 13, 1978, as amended and restated on April 15, 1985, as to an undivided 10% interest, Richard G. Gall, II an unmarried man, as to an undivided 2.5% interest, Raymond Karl Gall, an unmarried man as to an undivided 2.5% interest, Robert Charles Gall, a married man as his sole and separate property, as to undivided 2.5% interest, and Marjorie. Lynn Gall Himes, a married woman as her sole and separate property as to an undivided 2.5% interest, Successor Trustees of the Clydia C. Jacuzzi Revocable Trust Dated July 25, 2005, as to an undivided 10% interest, hereinafter called "Jacuzzi" for the exchange of real property between the District and Jacuzzi. Jacuzzi is the owner of record of the real property described in Exhibit "A" in the Grant Deed attached hereto and the District would now like to acquire this real property from the Jacuzzis for the District's realignment of their Flood Control Channel Line Z hereinafter referred to as "Jacuzzi Property". The District is the owner of real property described in Exhibit "B" in the Grant Deed attached hereto and Jacuzzi would now Like to acquire this surplus property from the District hereinafter referred to as"District Property". In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. A. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said Grant Deed from Jacuzzi and Grant Deed from the District shall Z:\GrpData\RealProp\Carla\Hcquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 2 of 7 relieve the District and Jacuzzi of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. B. The District requires the Jacuzzi Property for the realignment of the District's Flood Control Channel Line Z, a public use for which District has the rights to exercise the power of eminent domain. Jacuzzi is compelled to convey the Jacuzzi Property to the District and the District is compelled to accept the conveyance of the Jacuzzi Property from Jacuzzi. C. Jacuzzi-will exchange its interest in the Jacuzzi Property to the District by Grant Deed and the District will exchange its interest in the District Property to Jacuzzi by Grant Deed. The District and Jacuzzi agree.to exchange property rights without monetary compensation given to either party. 2. The Jacuzzi Property shall be conveyed to the District free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except: A. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow, B. Covenants, conditions, restrictions and reservations of record. 3. By this Agreement, the District and Jacuzzi agree to establish an escrow C'Escrow') with Placer Title Company, 1981 N. Broadway, # 100, Walnut Creek, California, 94596, ("Title Company') their Escrow No. 615-9784. Jacuzzi hereby authorizes the District to prepare and file escrow instructions with said Title Company, on their behalf in accordance with this Agreement. 4. District shall: A. Pay all escrow and recording fees incurred in this transaction except for title insurance for the District Property. If the District desires title insurance for the Jacuzzi Property, District shall pay the premium charged therefore. B. Convey by Grant Deed to Jacuzzi the District Property. The right, title and interest in the District Property shall not exceed that vested in the District, and the District Property is being conveyed to Jacuzzi subject to all existing easements, covenants, conditions, restrictions, reservations, and all other encumbrances, whether the same be recorded or unrecorded, existing at the time of original conveyance from Jacuzzi to the District by the Final Order of Condemnation — Action in Eminent Domain Case No. Z:\GrpData\RealProp\Carla\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 3 of 7 C88-05035 and recorded on April 11, 1990 Instrument No. 15781 OR 959 Official Records of Contra Costa County. The District represents it has not created any conditions restriction or covenants except as disclosed. 5. Jacuzzi Shall: A. Deposit into Escrow, any and all funds necessary to satisfy any bond demands and delinquent taxes due in any year, including the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and any unpaid nondelinquent assessments on the Jacuzzi Property which have become a lien at the Close of Escrow. B. Pay any or all money(ies) up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s) shall, upon demand(s), be made payable to the mortgagee(s) or beneficiary(ies) entitled there under; said mortgagee(s) or beneficiary(ies) to furnish Jacuzzi with good and sufficient receipt showing said money(ies) credited against the indebtedness secured by said mortgage(s) or deed(s) of trust for the Jacuzzi Property. C. Pay for the title insurance on the District Property if Jacuzzi desires title insurance and request the Title Company to issue a title insurance policy on said property. D. Retain possession of the Jacuzzi Property conveyed up to and including the date of recording of the Grant Deed conveying title to the District upon compliance by Jacuzzi with the conditions of this agreement. All rents collected by Jacuzzi for the Jacuzzi Property applicable to any period thereafter shall be paid to the District. Either party hereto collecting rent to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provision of this clause. 6. On or before the Close of Escrow, Jacuzzi will deliver to the District or into Escrow with Title Company the following documents: A. The Grant Deed for the Jacuzzi Property, in recordable form and properly executed on behalf of Jacuzzi, conveying to the District the Jacuzzi Property in fee simple absolute, subject only to the Approved Exceptions as shown on the Title Company's Preliminary Title Report No. 615-9784, dated April 3, 2006. B. Agreement(s) or any other agreement(s), if any, which the District has agreed to in writing, that are to remain in effect after the District takes title. Z:\GrpData\RealProp\Carla\Acquistion\Agreements\Exchange Agreement Jacuzzi 8 FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 4 of 7 C. Copies of any effective leases, rental agreements, or any other agreements, if any, which the District has agreed to in writing that are to remain in effect after District takes title. D. Jacuzzi's affidavit of no foreign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended [Section 26 USCA § 1445] ("FIRPTA Affidavit'). 7. Prior to the Close of Escrow, the District will deliver to Title Company the Grant Deed for the- District Property in recordable form and properly executed on behalf of the District conveying the District Property to Jacuzzi. 8. Escrow shall close upon the conveyance of the Jacuzzi Property to the District and the conveyance of the District Property to Jacuzzi. On the closing date which shall be no later than September 30, 2007 the Title Company shall close Escrow as follows: A. Record the Grant Deed to the District, marked for return to the District in care of Carla Peccianti, Senior Real Property Agent for the District (which shall be deemed delivered to the District). B. Record the Grant Deed to Jacuzzi marked for return to Jacuzzi, c/o Rudy Jacuzzi, P. 0. Box 885, Benicia, CA 94510 (which shall be deemed delivered to Jacuzzi). C. Issue the Title.Insurance Policy, for the Jacuzzi Property if requested to do so by the District and paid for by the District. D. Issue the Title Insurance Policy for the District Property, if requested to do so and paid for by Jacuzzi. E. Prorate taxes, assessments, rents and other charges for the Jacuzzi Property as provided by this Agreement. F. Prepare and deliver to the District and Jacuzzi one signed copy of the Title Company's closing statement showing all receipts-and disbursements of the Escrow and one conforming copy of the Grant Deed to Jacuzzi for the District Property, .one conforming copy of the Grant Deed to the District for the Jacuzzi Property. If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title Company shall notify the District and Jacuzzi and retain all funds and documents pending receipt of further instructions from the District. Z:\GrpData\Re6lProp\Carla\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 5 of 7 9. Jacuzzi warrants that there are no oral or written leases on all or any portion of the Jacuzzi Property exceeding a period of one month and Jacuzzi further agree to hold the District harmless and reimburse the District for any and all of its losses and expenses occasioned by reason of any lease of the Jacuzzi Property held by any tenant of Jacuzzi's for a period exceeding one month. 10. District represents, warrants and covenants that: A. The relocated channel across the Jacuzzi Property has been constructed in accordance with its plans and various permits and approvals, including the Specific Plan; the City's Creek Development Policy; the 1602 Lake and Streambed Alteration Agreement issued by the Department of Fish and Game (Notification Number 1600-2005-0744-3) dated April 14, 2006; the Action on Request for Clean Water Act§ 401 Water Quality Certification for Discharge of Dredged and/or Fill Materials for the Relocation and Enhancement of Line Z and Completion of the Lindsey Detention Project, (WDID#5807CR00071) Contra Costa County dated 29 March 2006; and the letter from the Department of the Army, dated December 14, 2005, determining that the water identified as Existing Line Z, as depicted on the Figure in the Specific Plan entitled "East Lone Tree Specific Plan Land Uses" dated July 25, 2005, is not currently regulated by the Corps of Engineers under Section 404, of the Clean Water Act (collectively, the "Permits'D. B. That all debris and concrete has been removed from the District Property and it has been filled and graded using an engineered fill method to a relative compaction of 90% and the former channel has been filled to a finished grade equal to the surrounding portions of the District Property. District covenants to comply with all terms and conditions of the Permits. Remainder of Page Intentionally Left Blank Z:\GrpData\RealProp\Cada\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8.23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6195) Page 6 of 7 In Witness Whereof, the Parties have executed this agreement the day and year first above written. DISTRICT JACUZZI CONTRA COSTA COUNTY FLOOD Jacuzzi, et al CONTROL AND WATER CONSERVATION DIST RI By C' By Ma hiu Lawrence Fenolio, Trustee Chief Engineer By � 'ep� — Date /1/0-7/03 Lola Fenolio, Trustee (Dae of and Approval) By Re ended f Approv I: Tullio Jacuzzi, Trustee By Carl eccianti Daniele Jacuzzi, Trustee Se for Real Prope Agent By By Jean Pfeiffer Jacuzzi, Trustee OPriK6 enLa cipal Real Property Agent By Laura Lea Jacuzzi By Marianne Jacuzzi By Robert Arthur Mohr By Douglas Reid Jacuzzi By Georgia Dee Hodges By Leanna Jacuzzi Thomas By Bradley Jonathan Thomas By Marc Lewis Jacuzzi Z:\GrpData\RealProp\Carla\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 6 of 7 In Witness Whereof, the Parties have executed this agreement the day and year first above written. DISTRICT JACUZZI CONTRA COSTA COUNTY FLOOD Jacuzzi, et al CONTROL AND WATER CONSERVATION DISTRICT By By Maurice Shiu Lawrence Fenolio, Trustee Chief Engineer BY Date Lola Fenolio, 'Trustee (Date of Board Approval) By Recommended for Approval: Tullio Jacdzzi, Trustffiqr BY BY Carla Peccianti Daniele Jacuzzi, Trustee Senior Real Property Agent By By Jean Pfeiffer Jacuzzi, Trustee Karen Laws Principal Real Property Agent By Laura Lea Jacuzzi By Marianne Jacuzzi By Robert Arthur Mohr By Douglas Reid Jacuzzi BY Georgia Dee Hodges By Leanna Jacuzzi Thomas By Bradley Jonathan Thomas By Marc Lewis Jacuzzi Z:\GrpData\RealProp\Carfa\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc a RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 6 of 7 In Witness Whereof, the Parties have executed this agreement the day and year first above written. DISTRICT JACUZZI CONTRA COSTA COUNTY FLOOD Jacuzzi, et al CONTROL AND WATER CONSERVATION DISTRICT By By Maurice Shiu Lawrence Fenolio, Trustee Chief Engineer By Date Lola Fenolio,.Trustee (Date of Board Approval) By Recommended for Approval: Tullio Jacuzzi, Trustee By By Carla Peccianti Daniele , cuzzi, Tr s e Senior Real Property Agent _ B� By J1 Jean Pf ff acu i, Trus e Karen Laws Principal Real Property Agent By Laura Lea Jacuzzi By Marianne Jacuzzi By Robert Arthur Mohr By Douglas Reid Jacuzzi By Georgia Dee Hodges By Leanna Jacuzzi Thomas By Bradley Jonathan Thomas By Marc Lewis Jacuzzi Z:1GrpData\RealProp\Carla\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 5.23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 6 of 7 In Witness Whereof, the Parties have executed this agreement the day and year first above written. DISTRICT JACUZZI CONTRA COSTA COUNTY FLOOD Jacuzzi, et al CONTROL AND WATER CONSERVATION DISTRICT By By Maurice Shiu Lawrence Fenolio, Trustee Chief Engineer By Date Lola Fenolio, Trustee (Date of Board Approval) By Recommended for Approval: Tullio Jacuzzi, Trustee By By Carla Peccianti Daniele Jacuzzi, Trustee Senior Real Property Agent By By J n Pfeiffer Jacuzzi, Trustee Karen Laws Principal Real Properly Agent �-CGCz�� Laura 1ka Jacu By Marianne Jacuzzi By Robert Arthur Mohr By Douglas Reid Jacuzzi By Georgia Dee Hodges By Leanna Jacuzzi Thomas By Bradley Jonathan Thomas By Marc Lewis Jacuzzi Z:\GrpData\RealProp\Carla\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6195) Page 6 of 7 In Witness Whereof, the Parties have executed this agreement the day and year first above written. DISTRICT JACUZZI CONTRA COSTA COUNTY FLOOD Jacuzzi, et al CONTROL AND WATER CONSERVATION DISTRICT By By Maurice Shiu Lawrence Fenolio, Trustee Chief Engineer. By Date Lola Fenolio, Trustee (Date of Board Approval) By Recommended for Approval: Tullio Jacuzzi, Trustee By By Carla Peccianti Daniele Jacuzzi, Trustee Senior Real Property Agent By By Jean Pfeiffer Jacuzzi, Trustee Karen Laws Principal Real Property Agent By Laura Lea Jacuzzi By ianne 7 Zzi By obert Arthur Mohr By Douglas Reid Jacuzzi By Georgia Dee Hodges By Leanna Jacuzzi Thomas By Bradley Jonathan Thomas By Marc Lewis Jacuzzi Z:1GrpData\RealProp\Cada\Acquistion\Agreements\Exchange Agreement Jacuui 8 FC final 8-23-o7.doc RIGHT OF WAY CONTRACT RW 8-3(Rcv.6/95) Page 6 of 7 In Witness Whereof, the Parties have executed this agreement the day and year first above written. DISTRICT JACUZZI CONTRA COSTA COUNTY FLOOD Jacuzzi, et al CONTROL AND WATER CONSERVATION DISTRICT BY By Maurice Shiu Lawrence Fenolio, Trustee Chief Engineer By Date Lola Fenolio, Trustee (Date of Board Approval) By Recommended for Approval: Tullio Jacuzzi, Trustee By By Carla Peccianti Daniele Jacuzzi, Trustee Senior Real Property Agent By By Jean Pfeiffer Jacuzzi, Trustee Karen Laws Principal Real Properly Agent By Laura Lea Jacuzzi By Marianne Jacuzzi By Robert A hr By c, o igl Reid JacWes By Georgia a Hod By Leanna Jacuzzi Thomas By Bradley Jonathan Thomas By Marc Lewis Jacuzzi Z:1GrpDatalRealProplCadalAcquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 6 of 7 In Witness Whereof, the Parties have executed this agreement the day and year first above written. DISTRICT JACUZZI CONTRA COSTA COUNTY FLOOD Jacuzzi, et al CONTROL AND WATER CONSERVATION DISTRICT By By Maurice Shiu Lawrence Fenolio, Trustee Chief Engineer By Date Lola Fenolio, Trustee (Date of Board Approval) By Recommended for Approval: Tullio Jacuzzi, Trustee BY BY Carla Peccianti Daniele Jacuzzi, Trustee Senior Real Property Agent By By Jean Pfeiffer Jacuzzi, Trustee Karen Laws Principal Real Property Agent By Laura Lea Jacuzzi By Marianne Jacuzzi By Robert Arthur Mohr By Douglas Reid Jacuzzi BY Georgia Dee Hodges B 4�J- Z,Y Leanna J cuzzi omas By Bradley onathan Thomas By Marc Lewis Jacuzzi Z:\GrpData\RealProp\Carla\Acquistion�Agreements\Exchange Agreement Jacuzzi 8 FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rcv.6195) Page 6 of 7 In Witness Whereof, the Parties have executed this agreement the day and year first above written. . DISTRICT JACUZZI CONTRA COSTA COUNTY FLOOD Jacuzzi, et al CONTROL AND WATER CONSERVATION DISTRICT By By Maurice Shiu Lawrence Fenolio, Trustee Chief Engineer By Date Lola Fenolio, Trustee (Date of Board Approval) By Recommended for Approval: Tullio Jacuzzi, Trustee By By Carla Peccianti Daniele Jacuzzi, Trustee Senior Real Property Agent By By Jean Pfeiffer Jacuzzi, Trustee Karen Laws Principal Real Property Agent By Laura Lea Jacuzzi By Marianne Jacuzzi By Robert Arthur Mohr By Douglas Reid Jacuzzi By Georgia Dee Hodges By Leanna Jacuzzi Thomas By Bradley Jonatha homas By � Marc Lewis c i Z:\GrpData\RealProp\Cada\Acquistion\Agreements\Exchange Agreement Jacuzzi 8 FC final 8-23-07.doc F RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 7 of 7 B A � Kimberly A. Jacuzzi By Rodolfo Jacuzzi, Trustee By Mary B. Jacuzzi, Trustee By Olga Jacuzzi Gall, Trustee By Richard G. Gall, II By Raymond Karl Gall By Robert Charles Gall By Marjorie Lyn Gall Himes By Richard Jacuzzi By Linda Emery Z:\GrpData\RealProp\Carla\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 7 of 7 By Kimberly A. Jacuzzi BylC - . ,�& Rodo �rJ"'cuzzi rustee By ' 1 � . ac ', rustee By Olga Jacuzzi Gall, Trustee By Richard G. Gall, II By Raymond Karl Gall By Robert Charles Gall By Marjorie Lyn Gall Himes By Richard Jacuzzi By Linda Emery 2:\GrpData\RealPmp\Carla\Acquistion\Agreements\Exchange Agreement Jacuzzi&FC final 8-23-07.doc RIGHT OF WAY CONTRACT RW 8-3(Rev.6/95) Page 7 of 7 By Kimberly A. Jacuzzi By Rodolfo Jacuzzi, Trustee By Mary B. Jacuzzi, Trustee By � Iga acuzzi tall, Trustee By Richard G. 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