HomeMy WebLinkAboutMINUTES - 10162007 - C.22 TO: BOARD OF SUPERVISORS, AS GOVERNING _-1Y `-ti==� Contra
BOARD OF THE FLOOD CONTROL & WATER
CONSERVATION DISTRICT
Costa
FROM: MAURICE M. SHIU, CHIEF ENGINEER County
sra.couiy C'
DATE: October 16, 2007
SUBJECT: APPROVE the Notice of Intention to Exchange Real Property between Contra Costa Flood Control
and Water Conservation District and Jacuzzi et al, Antioch area. (District V)
Project No. 7566-6D8126 Government Code §25365
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSI-11ICAI-ION
RECOMMENDED ACTION:
RESOLVE that the Board of Supervisors, as Governing Board for the Contra Costa County Flood Control and
Water Conservation District intends to exchange with Jacuzzi et al (Jacuzzi), Contra Costa County Flood Control
and Water Conservation District (District) owned real property in the Antioch area, as described in the attached
Notice of Intention to Exchange Real Property(Notice) and more particularly described in Exhibit "A" attached
hereto, for land of equal value described in Exhibit"B",attached hereto,in accordance with the terms and conditions
of the Right of Way Contract on file in the Public Works Department.
DETERMINE that the property acquired by District by Final Order of Condemnation on April 11, 1990, in Book
15781,Page 959, Series No. 90-73517, Official Records of Contra Costa County for Drainage Area(DA) 56 Line Z
Channel is surplus and no longer necessary for flood control purposes.
The exchange of property is for property of equal value required for there cation of DA56 ine Z Channel project.
CONTINUED ON ATTACHMENT: ❑x SIGNATUR •
RECOMMENDATION OF COUNTY ADMINISTRATOR RENDATION F BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ��jj�''��''
ACTION OF BO D N a/G✓m 6G Y ��� s&'m?" APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THATTHIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ,IG ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Orig. Div. Public Works(R/11)
Contact: Carla Peccianti(313-2222)
G:112calProp\Board Orders\2007\10-16-07 BO-Jacuzzis.doc
JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc: R Faraone,Flood Control
1.Bergeron,Computer Services
Public Works Records
Grantec(via R/P) BY: DEPUTY
Recorder(via R/P)
SUBJECT: APPROVE the Notice of Intention to Exchange Real Property between Contra Costa Flood
Control and Water Conservation District and Jacuzzi et al, Antioch area. (District V) Project No.
7566-6138126
DATE: October 16, 2007
PAGE: 2of 2
RECOMMENDED ACTION: (con't)
DIRECT the Clerk of the Board to publish the attached Notice at least one week in advance preceding the date of the
exchange, one time in the Contra Costa Times, a newspaper of general circulation (pursuant to Government Code
Section 6061).
FIX Tuesday,November 6,2007,at 9:30 a.m.,in the Board's Chambers,County Administration Building,651 Pine
Street,Martinez,California,as the date and time for the Board to meet to consummate the exchange by a four-fifths
vote.
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 13, 1995. The Findings and the adoption of the EIR covered all real property
transactions associated with the relocation of Line Z and the completion of the Lindsey Detention Basin.
The District originally acquired property from Jacuzzi in April 1990, for a portion of DA56 Line Z Channel. This
alignment crossed through the Jacuzzi 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 the Jacuzzis'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 rights
without monetary consideration.
CONSEQUENCES OF NEGATIVE ACTION:
The District will not have the permanent property rights necessary for the relocated DA56 Line Z Channel and will
have to purchase the property.
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Parcel 5019
Drawing Number FA20011
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Exhibit"A"
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Land Description of a parcel of land situate in City of Antioch, County of Contra Costa, State of California;
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said parcel being a portion of that certain parcel of land described in the Grant Deed to Jacuzzi et al, recorded
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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:
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PARCEL 5019(Fee'IWO-
Beginning at the northeasterly corner of Parcel 12.(60012-1) described in the Final Order of Condemnation
recorded July 23,2007 as Doc.No:2007-21.1072,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
distance of 221.10 fect; thence leaving said northerly line and crossing through said Jacuzzi parcel for the
following six (6) courses: (1) South 18°39'24" East, a distance of 373.5.1 feet, (2) South 1.300299" East, a
distance of 355.23 feet, (3) South 04'41'49" East, a distance of 335.64. .feet, (4) South 02°42'01" East, a
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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
of.04013'09",an arc.distance of 213.57 feet;(6)South 01°41'27"West,a distance of 12.28 feet to the south line
of said Jacuzzi parcel, said south line also being the south line of the east half of Section 34; thence along said {
south line,North 99*30'15"West,:a distance of 177:92 feet to the southeasterly comer of said,Parcel 1,2(60012- ! .
1), being the beginning of a non-tangent curve to the left from which point the center bears North 80°22'26"
West, 1008.14 feet; thence along the easterly line of said Parcel 12 (600.12-1).for the following six(6)courses:
(l)northerly along the are of said non-tangent curve to the left having a radius of 1008.14 feet,through a central
angle of 23°31'19",an are distance of 413.88 feet to the beginning of a non:taugent curve to the left from which f
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Parcel 5019
Drawing Number FA2001 l
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point the center bears South 85°12'19"West, 3123.03 feet,(2)northerly along the arc of said non-tangent curve
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to the left having a radius of 3123.03 feet,through a central angle of 04°4713",an arc distance of 261.22 feet to
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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 arc of said non-tangent curve to the left having a radius of 1232.00 feet, j
through a central angle of 16°23'02",an arc distance of 352.29 feet to the beginning of a tangent reverse curve !
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to the right,having a radius of 328.10 feet,(4)northerly along the arc of said tangent reverse curve to the right
having a radius of 328.10 feet, through a central angle of 1045'03", an arc distance of 61,56 feet to the
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beginning of a tangent reverse curve to the left,having a radius of 841.)4 feet,(5)northerly along the arc of said
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tangent reverse curve to the left, having a radius of 841.14 feet, through a central angle of 23°46'47", an arc
distance of 349.10 feet tot be innin of a non-tan ent.curve to the le
g g g fl, from which point the center bears
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South 6602937"west, 3123.03 feet,(6)northerly along the arc of.said non=tangent curve to the left having's
radius of 3123.03 feet, through a central angle of 00'4.5'20",an arc distance of 41..18 feet to the True Point of
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
surface of said land,together with the right to takes remove,.mine, pass through and dispose of all said oil,gas,
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.
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Bearings used in the above description are based on the California Coordinate System of 1983, Zone 3.
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Distances are in ground,multiply distances shown by 0.99993642 to obtain grid distances.
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Parcel 5019
Drawing Number FA20011
This description has been prepared at Mark Thomas & Company, Inc., by me, or under my direction, in
conformance with the Professional Land Surveyor's Act.
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.IANDS�
EVI 12-31-07
0
Larry E. ohr�'so *, Ha 4898. * Date
Professional nd Surveyor jf.pF.CAL%*O���
California No.4998
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RONALD E NUNN POS
DOC NO.90.1T M WIN OR 480 PER DOCSNO CORNER
OF PARCEL 12 j
S89'20'29"E211072
259.81' / 221.10'
N65'44'17_'E_(R�,� / NORTH LINE OF JACUZZI PARCEL
S66'29'37"W(R) / A=0645'20" ;, PER DOC. NO. 2005-39197
w
N56'43'12"E(RJ R=31,23.03'
L=41.18' i
I ;
A=23'46'47' v ND 's
R=841.14 y
L=349.10' 'E
E1/2, SEC 34, T.2N.,
R.2E., MDB&M ^�
�, u Exp 12-31 7
A=10'45'03" N . 40 .
R=328.10' v'
L=61.56 CA��
STATE ROUTE 4 _
BYPASS A=16'23'03" PARCEL 5019 i
DOG Na 2W-211072R=1232.00' ROOD CONTROL j
L=352.29 CHANNEL i
TRISTAR LAND a�VFSTMINiS
26MO so ft=
CORPORATION S86'07'59WLR)L
DOC NO.2005-31964 :0 Z4,46rE( i c y
l N$ 0 loo' aw 3W
POB — POINT OF BEGINNING d='4'47'33" � SCAM - 2-zoo'
(.R) - RADIAL BEARING
4r a
R=312 63' a
L11U - ABUTTERS RIGHTS L=261.22'
REL.JNOUISHED 1
(PER DOC NO. 2007-211072) S85'1_2"19"WR JACLrMETAL
BEARINGS USED ARE BASED ON 6�p6'15 E(R' v �`' DOG NQ 2005.39W
THE CALIFORNIA COORDINATE
SYSTEM OF 1983, ZONE 3. m o
DISTANCE ARE IN. GROUND,
MULTIPLY.DISTANCES SHOWN BY A=2331'19" rn 0=413'09"
0.99993642 10. OBTAIN GRIDR=1008.14' R.=2900:19' i
DISTANCES. L=413:88' L=213.57'
SOUTH 1/4 j
COR SEC 34 I
T.2 S:, gp•22,R.2 . E., S1'41'27"W
MD
26 yy12.28'
S89'30'15"E 959.76' NB9.'30'15 W j
177.92' SOUTH LINE OF
S89'30'15' E 1137.68'(T) E1/2, SEC. 34, T.2N., j
PORTION OF E 112 SEC 34,12 K R.2 E,MDS&M R.2E., MDB&M
Mark CONTRA COSTA COUNTY FLOOD CONTROL Cit of Antioch
Thomas do
AND WATER CONSERVATION DISTRICT in 6ontra COSta
Company,
Inc. DRAWING NO. FA-20011 County, California
Scale 1 R 200EXHIBIT B
Date AUG 2 T 2007
Down By TYVP plot to Accompany Legal Description
'
8/29/2007. i
Checked Ely AMM API 053-072.024.
V.\8I-98042\CA1)9\Dr*An6\plats for squls111o#\600]2 = Jocuzzl e.1 al - Channel Row 7-3D-07.OP6. 8i29/POO 9w4.040. AM PD7
1
DA-56 Line "Z"
Portion of Parcel 1564
Quitclaim 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 comer 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 84°30'23" 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 4°13'20", 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 12°40'01", 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°25'11", an arc length of 101.62 feet to
the southeast comer 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 2°15'59", an arc length of 114.72 feet to a point on the westerly
line of said Parcel 1564; thence south 78°36'16" east, 3.92 feet to a point on a
tangent curve concave to the west, a radial from said point bears north 78°36'16"
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 84°14'03" 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 88°43'43" 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 4°13'20", 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 1058'14", 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 89°12'18" 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.
Signature:
v � 2
Licensed Land Surveyor gyp,g/30!07
L.S.6571
Date:
T
'9 FOF C
G:\Design\SURVEYS\Legafs\Exhibits2007\DA56LineZJacuzziouitdaim.doc
KT:js August 2,2007
2
EXHIBIT IIB - 111
PLAT TO ACCOMPANY EXHIBIT "B"
1"-200'
O�V, n Nunn
2 n 0 r 10834 O.R. 480
p v►
O LA ,S89° 12'18"E 74.76
6p P.O.B.
582 41' 9 co p
n ' Detoil
2.00 N.T.S. �- 2.00
i7 S840 30'23"W S84° 30'23"W
20
0 0 N Jacuzzi, et. ol. 2005-411579
N '/ �A,
N.
2.00 Detail2.00
CU!` n N880 43'43"E N.T.S. N880 43'43"E
C
o FCPID 5,003 Area-106,132 sq. ft.
o �
Curve Data
Detail U Ln No. Radius Len th Delta
C1 4099.96 130.28 10 49'14"
N.T.S. T C2 4097.96 301.99 4- 13-20"
3.00
S84° 14'03"E <_ � v C3 4099.96 906.42 12040-01"
to
C4 4100.96 101.62 1025'111'
C512900.22 114.72 20 15'59"
J
C614022-96 395.28 50 37'47"
N v C7 4025.96 494.48 7002-14"
O a C8 4027-96,296.83, 4013-20",
0w C9 4025.961 138.46 1058'14"
bo
=p O v Portion encumbered by C.C.W.D.
N easement 2006-0067366
D o Area_23,930 sq. ft. Detail
'� I
N.T.S.
3.92 1.00
C5 S78� 36'16"E
R _ C4 ......... 8780 36'16"E
PCL.A �_ 59.88
N89° 12'18"W 430 M 41
464
M Por PCL. F
o
18 3
v City of Antioch
U / 2004-290737
See ED-10172 & ED-10173
DA-56 Line"Z" C.C.C.F.C.&W.C.D. to Jocuzzi, et. ol.
Instrument Grant Deed Scale 1"-200' Dote August 2007
Drown By KT Dwg.No. FA 20.003
Series No. Recorded Checked By JS Cod File .waw:ww:,a
"CCT Legals" To "Emelda Sharp"<EShar@cob.cccounty.us>
<cctlegals@bayareanewsgro
up.com> cc
10/22/2007 03:18 PM bcc
Subject RE:JACUZZI,et al at West of Empire Avenue South of
Neroly Road
Ad 2567970 is scheduled in the CCT for 10/30.
$51.80 will be billed.
Thank you,
Legal Advertising
Contra Costa Times -Concord Transcript- Lamorinda SUN
ph: 925.943.8019
fx: 925.952.5019
From: Emelda Sharp [mailto:EShar@cob.cccounty.us]
Sent: Wed 10/17/2007 9:41 AM
To: CCT Legals
Subject: JACUZZI, et al at West of Empire Avenue South of Neroly Road
Dear Jennifer,
Please publish the above Notice of Intention to Convey Real Property with
JACUZZI, et al located at West of Empire Avenue, South of Neroly Road, in your
Contra Costa Times,on October 30,2007,per our Ref.No. 2101.
Thanks for your attention.
(See attached file: JACUZZI,et al LOCATED AT WEST EMPIRE AVENUE,.doc)
Clerk of the Board of Supervisors
651 Pine Street, Rm 106
Martinez, CA
Main Line 925-335-1900
Direct Line 925-335-1903
Fax No. 925-335-1913
Emelda L. Sharp
Clerk of the Board
//r.
LEGAL PUBLICATION REQUISITION fo r
Contra.Costa County
FROM: Clerk of the Board TO: Contra Costa Times
651 Pine St., Room 106 P.O. Box 4718
Pine Street, Martinez 94553 Walnut Creek, CA 94596
E-MAIL: cctlegals@cctimes.com
FAX No. 925-943-8359
Requested by: EMY L. SHARP Date: OCTOBER 16, 2007
Phone No.: 925-335-1903 Reference No.:
Org.: 7566 Sub Object: 2190 Task: SAS Activity: 6D8126
Publication Date (s) OCTOBER 30, ' 2007
No. of Pages: 2
LEGAL PUBLICATION NOTICE OFINTENTION TO CONVEY REAL PROPERTY
WITH JACUZZI , et al located west of Empire Avenue
south of Neroly Road and east of the-.,:State Route
4 BYPASS.
E-MAIL
*** Immediately upon expiration of publication, ***
send in one affidavit for each publication in
order that the auditor may be authorized to pay you bill.
'Authorized Signature:
Please confirm date of publication and receipt of this fax.
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
NOTICE OF INTENTION TO EXCHANGE REAL PROPERTY
(Gov. Code § 25365)
The Board of Supervisors of Contra Costa County declares its intention to exchange with
Jacuzzi, et al, the District-owned real property, identified as District Parcel 5003, located west of
Empire Avenue, south of Neroly Road and east of the State Route 4 Bypass in the Antioch area,
in exchange for the Jacuzzi, et al-owned real property located directly east of the State Route 4
Bypass, and identified as a portion of APN 053-072-013. The Board will meet at 9:30 a.m. on
Tuesday, November 6, 2007 in its Chambers, County Administration Building, 651 Pine Street,
Martinez, California. to consummate the exchange.
ATTESTED: October 16,2007
By VINJY L. SHARP
Deputy
Publication Date(s): October 30, 2007
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
PUBLICATION REQUEST
TO: Jane Pennington, Chief, Clerk of the Board
Attn: Emy Sharp, Deputy Clerk, Clerk of the Board
eshar@cob.co.contra-costa.ca.us
FROM: Carla Peccianti
Public Works Department
(925) 313-2222
BOARD MTG. DATE: October 16, 2007
PREVIOUSLY APPROVED BY BOS ON:
HEARING DATE: November 6, 2007
PUBLICATION DATES: October 30, 2007
REQUESTED PUBLISHING PAPER(S): Contra Costa Times
Do not tvve below this line— Publication language on following page
� I
NOTICE OF INTENTION TO
EXCHANGEREAL
PROPERTY
(Gov.Code§25365)
The Board of Supervisors
of Contra Costa County
declares its intention to
exchange with Jacuzzi,et
al,the District-owned real
property,identified as
District Parcel 5003,locat-
ed west of Empire Ave-
nue,South of Neroly Road
and east of the State
Route 4 Bypass in the
Antioch area,in exchange
for the Jacuzzi,et al-
owned real property lo-
cated directly cast of the
State Route 4 Bypass,and
identified as a portion of
APN 053-072-013. The
Board will meet at 9:30
a.m.on Tuesday.Novem-
ber 6,2007 in its Cham-
bers.County Administra-
tion Building,651 Pine
Street,Martinez,Califor-
nia,to consummate the
exchange.
ATTESTED:OCTOBER 16,
2007
By Emy L.Sharp Deputy
Legal CCT 2567970
Publish October 30,2007
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above-entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at
2640 Shadelands Drive in the City of Walnut Creek, County
of Contra Costa,94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of October
22, 1934.Case Number 19764.
The notice, of which the annexed is a printed copy (set in
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:
October 30,
all in the year of 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek,California.
On this 7 day of No ember, 2007
........................ ..................................................
Signature
Contra Costa Times
P O Box 4147
Walnut Creek,CA 94596
(925)935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that published)