HomeMy WebLinkAboutMINUTES - 03041997 - C8-C11 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 4, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
RESOLUTION NO. 97/ 106
(Gov. Code § 25526.5)
SUBJECT: Conveyance of Surplus Real Property
Project No. 7521-6D8330
Brentwood Area
The Board of Supervisors of Contra Costa County as the Governing Body of the
Contra Costa County Flood Control and Water Conservation district, RESOLVES THAT:
The District acquired certain real property by eminent domain action entitled Contra
Costa County Flood Control and Water Conservation District vs. Emanuel P. Razetto, et
al. The Stipulation for Entry of Judgment was filed May 12, 1980, and contained an order
that the District grant to the defendants a non-exclusive easement for ingress and egress
purposes across said property located in the City of Brentwood, described in Exhibit "A"
attached hereto. Said easement is DETERMINED to be surplus and not necessary for
District or other public purposes and its estimated value does not exceed $10,000.00.
This Board hereby APPROVES and AUTHORIZES the conveyance of said
easement to Marcello and Ginger Barbero, pursuant to Government Code Section
25526.5, and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement
on behalf of the District in compliance with the above-referenced court order.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
Orig. Dept.: Public Works(R/P)
Contact: Nancy Wenninger(313-2227) t 10dr eWOy err etr r I t"and emodaa�ar
cc: Public Works Accounting on P,, udw ww ado on " mhu*6 al Yee
Public Works Records *auaw «"dMshoM`
Grantee (via R/P) PWBAMMOR,aar< , L,oard
Recorder(via R/P) of supervism and County Administrate
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g:Vealprop\temp\l3arbero.t2
(Form updated 2/97)
RESOLUTION NO. 971106
EXHIBIT "X"
Legal Description
An Easement for purposes of ingress, egress and utilities over an existing maintenance
road along the westerly side of an irregular strip of land belonging to the Contra Costa County
Flood Control and Water Conservation District, being a portion of the southeast one quarter of
Section 1, Township I North, Range 2 East,Mount Diablo Meridian, lying within the City of
Brentwood,County of Contra Costa, State of California, more particularly described as follows:
Beginning at a point on the northerly line of Grant Street, from which Point "IG-I"as
shown on Contra Costa County Flood Control and Water Conservation District Drawing No.SD-
689'bears the following two courses: S89-22-52E 28 feet; thence NI-19-02E 137.56 feet.
Thence from said Point of Beginning: NI-19-02E 537.24 feet to the southerly line of"Parcel A"
as said parcel is shown in Parcel Map Book 16 page 18, recorded April 20, 1971, Contra Costa
County Records;thence S89-22-52E 13 feet;thence NI-19-02E 366,44 feet; thence along a
curve to the left with a radius of 758 feet,through a central angle of 6 degrees, 28 minutes, 28
seconds, a distance of 85.65 feet;thence N5-09-26W 83.96 feet to the northerly line of said
"Parcel A";thence S89-22-52E 65.33 feet; thence S5-09-26E 77.38 feet; thence along a curve to
the right with a radius of 823 feet, through a central angle of 6 degrees, 28 minutes, 28 seconds, a
distance of 93 feet to a point from which Point "IH" of aforesaid Drawing No.'ED-689' bears
N88-40-58W 23 feet;thence S1-19-02W 897.90 feet; thence N89-22-52W 50 feet; thence SI-19-
02W 5 feet to the northerly line of Grant Street; thence N89-22-52W 28 feet to the Point of
Beginning.
Bearings and distances are based on the California Coordinate System Zone 3 (CCS27).
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Recorded at the request of:
Marcello and Ginger Barbero
After recording return to:
Marcello and Ginger Barbero
1136 Amador Avenue
Berkeley, CA 94707
GRANT OF EASEMENT
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision
of the State of California, hereinafter called DISTRICT, hereby grants to MARCELLO BARBERO
and GINGER BARBERO, as Trustees of the 1989 Barbero Family Trust, hereinafter called
GRANTEE, a nonexclusive right to perpetual easement and right of way for ingress and egress
for vehicles and pedestrians in connection with GRANTEE'S agricultural and residential uses
of their adjacent lands, including all utilities, and for no other purposes whatsoever, along and
in all of the hereinafter described parcel of land situate in the City of Brentwood, County of
Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBIT "A"
The foregoing grant is made subject to the following terms and conditions:
1. GRANTEE hereby acknowledges DISTRICT's title to said lands and agrees never to assail or resist said title.
2. GRANTEE shall, priorto any construction or installation within the subject easement area, submit specific plans
and specifications to DISTRICT for review and approval. Such approval,together with any additional requirements
to be in the form of a written permit issued by DISTRICT to GRANTEE.
3. a. This grant is subject and subordinate to the prior and continuing right and obligation of DISTRICT, its
successors and assigns, to use all the property described herein. The GRANTEE shall not fence said
easement without the express written permission of the DISTRICT first had and obtained and shall remove
any fencing when requested by the DISTRICT to do so. The GRANTEE shall not otherwise obstruct the
easement area. The GRANTEE shall not use or permit use of said easement for any purpose other than
those described in this easement.
b. The GRANTEE agrees that in its use of this easement and the exercise of any rights hereunder, GRANTEE
shall in no way interfere with DISTRICT's use of the property. In the event GRANTEE's use should interfere,
GRANTEE shall,at the request of DISTRICT, and at GRANTEE's sole cost and expense, remove, modify or
relocate its facilities to the satisfaction of DISTRICT within thirty(30) days after written notice to do so. In the
event GRANTEE fails so to do, said work may be performed by DISTRICT at the expense of GRANTEE,
which expense GRANTEE agrees to pay to DISTRICT promptly upon demand including engineering costs
and any legal fees incurred to collect said costs.
4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without
first obtaining the prior written approval of its plans by DISTRICT.
Page 1 of 4
5. Any and all DISTRICT facilities,landscaping or miscellaneous improvements, removed or damaged as a result
of GRANTEE's use of said lands shall be repaired or replaced equivalent to, or better than,their existing condition
at the sole cost and expense of GRANTEE. In the event GRANTEE fails so to do,said work may be performed
by DISTRICT at the expense of GRANTEE,which expense GRANTEE agrees to pay to DISTRICT promptly upon
demand,including engineering costs and any legal fees incurred to collect said costs.
B. GRANTEE agrees that DISTRICT assumes no responsibility for the construction, maintenance, protection or
repair of GRANTEE's facilities resulting from DISTRICT's operations and use of said land.
7. The easement to be granted hereunder is non-exclusive. Nothing herein contained shall be construed to prevent
DISTRICT from granting other easements over said lands or using said lands for any and all purposes and the
DISTRICT expressly reserves the right to grant to others the right to use the easement in any manner and for any
purpose. All rights granted to GRANTEE hereunder are subject to all existing and future rights, rights of way,
reservations, franchises and easements in the property, regardless of who holds the same, including the
DISTRICT's right to use the property for any purpose. DISTRICT shall have the right to require GRANTEE to
modify, remove or relocate its facility in a timely manner at GRANTEE's sole cost as reasonably necessary to
accommodate any other user's right to construct, replace, enlarge,repair, maintain and operate its facilities,in
the same manner as required by section 3 of this easement,including the rights and remedies contained therein."
8. a. In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the
public and to individuals arising out of GRANTEE's use of the property. GRANTEE shall indemnify,defend,
save,protect and hold harmless, DISTRICT,its officers,agents, employees and contractors from and against
any and ail threatened or actual loss, damage (including foreseeable and unforeseeable consequential
damages),liability,claims,suits,demands,judgments,orders,costs,fines, penalties or expense of whatever
character,including but not limited to those relating to inverse condemnation, and including attorneys'fees,
(hereinafter collectively referred to as"liabilities")to persons or property,direct or consequential,directly or
indirectly contributed to or caused by the granting of this easement,GRANTEE's operations, acts or omissions
pursuant to this easement,or the GRANTEE's use of the easement,save and except liabilities arising through
the sole negligence or sole willful misconduct of the DISTRICT, its officers or employees.
b. GRANTEE further agrees to defend, indemnify,save, protect and hold harmless, DISTRICT from any and
all actual or threatened claims,costs,actions or proceedings to attack,set aside,void, abrogate or annul this
grant of easement or any act or approval of DISTRICT related thereto.
c. GRANTEE accepts the property conveyed pursuant to this easement in an"as is"physical condition,with no
warranty express or implied on the part of the DISTRICT as to any matter, including but not limited to the
condition of the soil,water,subsurface strata or ambient air in,on, under at or in the vicinity of the property.
GRANTEE agrees that neither GRANTEE,its heirs,successors or assign shall ever claim, have or assert any
right or action against DISTRICT for any loss, damage or other matter arising out of or resulting from the
presence of any hazardous substance or any other condition of the property at the commencement of the
easement or from the release of any hazardous substance in, on or around any part of the property or in the
soil,water,subsurface strata or ambient air by any person or entity other than the DISTRICT following the
commencement of this easement. As used herein, "hazardous substance" means any substance, material
or waste which is or may become designated, classified or regulated as being "toxic," "hazardous" or a
"pollutant" under any federal,state or local law, regulation or ordinance. Nothing in this section is intended
in anyway to restrict the right of GRANTEE to seek contribution or indemnity from any person or entity other
than DISTRICT whose activities are a cause of any discharge, leakage, spillage or emission of hazardous
materials on or to the property.
d. To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect and hold the DISTRICT
harmless from and against any and all claims, demands, liabilities, expenses (including without limitation
attorneys fees and consultants fees), penalties,damages, consequential damages and losses, and costs
(including but not limited to the costs of any required or necessary testing, remediation, repair, removal,
cleanup or detoxification of the property and surrounding properties and from and against the preparation of
any cleanup, remediation,closure or other required plans whether such action is required or necessary prior
to or following the termination of the easement), of any kind or nature, arising out of or connected with
Page 2 of 4
GRANTEE's operation or performance under this easement, including all costs, claims,damages(including
property and personal injury) arising out of or connected with the uncovering, release or excavation of
hazardous materials (including petroleum} as a result of GRANTEE's construction, reconstruction,
maintenance, use, replacement, or removal of its facilities.
e. The obligations contained in this section shall survive the expiration or other termination of this easement.
9, a. GRANTEE understands and acknowledges that DISTRICT makes no representations, warranties or
guarantees of any kind or character, express or implied, with respect to the property, and GRANTEE is
entering into this transaction without relying in any manner on any such representation or warranty by
DISTRICT.
b. DISTRICT makes no warranty, guarantee, representation or liability, express or implied, as to the physical
condition of the property, including, but not limited to the condition and/or possible uses of the land or any
improvements thereon, the condition of the soil or the geology of the soil,the condition of the air,surface
water or groundwater, the presence of known and unknown faults, the presence of any hazardous
substances,materials, or other kinds of contamination or pollutants of any kind in the air,soil,groundwater
or surface water, or the suitability of the property for the construction and use of the improvements thereon.
it shall be the sole responsibility of GRANTEE,at its sole cost and expense,to investigate and determine the
suitability of the soil,air,water,geologic,environmental and seismic conditions of the property for the intended
use contemplated herein, and to determine and comply with all building, planning and zoning regulations
relative to the property and the uses to which it can be put. GRANTEE relies solely on GRANTEE's own
judgment,experience and investigations as to the present and future condition of the property or its suitability
for GRANTEE's intended use.
10. In the event GRANTEE shall cease to use the easement hereby granted for a continuous period of one year or
in the event GRANTEE abandons any of its facilities or fails to use the easement for the purpose for which it is
granted,then all rights of GRANTEE in and to said lands shall hereupon cease and terminate and title thereto
shall immediately revert to and vest in the DISTRICT or its successors. Upon any termination of GRANTEE's
rights hereunder, GRANTEE shall, upon request by DISTRICT, and at GRANTEE's sole cost and expense,
remove all its facilities from said lands and restore said property to its original condition. Upon failure of
GRANTEE so to do, said work may be performed by DISTRICT at GRANTEE's expense, which expense
GRANTEE agrees to pay to DISTRICT upon demand. GRANTEE shall execute any Quitclaim Deeds required
by DISTRICT in this regard.
11. No rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT.
12. This easement is granted subject to encumbrances, licenses, leases, easements, restrictions, conditions,
covenants, liens, claims of title, and restrictions of record and any prior rights held by others within said land,
against which no warranty is made, and the word "grant" shall not be construed as a covenant against the
existence of any hereof. GRANTEE shall defend, indemnify, save, protect and hold harmless DISTRICT, its
agents, officers and employees, from any claim, action or proceeding to attack, set aside, void or annul this
easement.
13. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this
document over any of DISTRICT's adjacent lands lying outside of the aforesaid strip of land above described.
14. This grant of easement contains the entire agreement between the parties hereto and shall not be modified in any
manner except by an instrument in writing executed by the parties or their respective successors in interest.
15. This grant of easement shall not be construed as if it had been prepared by one of the parties, but rather as if both
parties have prepared it. The parties to this grant of easement and their counsel have read and reviewed this
grant of easement and agree that any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply to the interpretation of this grant of easement.
Page 3 of 4
16. This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs,
successors and assigns of the respective parties hereto.
rIIN--WITNESS WHEREOF, this Grant of Easement is signed and executed this 1 t\, day of
Tcb--j U.Y V , 19 91.
CONTRA COSTA COUNTY GRANTEES
FLOOD CONTROL & WATER
CONSERVATION DISTRICT _// qlal BY � � — By Aayl
rc) 1
Chair, Board of Supervisors Marcello Barbero, Trustee
BY P�
ger Barbero, Trustee
STATE OF CALIFORNIA )
DISTRICT OF CONTRA COSTA)
On March 4, 1997 before me, Phil Batchelor, Clerk
of the Board of Supervisors and DISTRICT Administrator,
Contra Costa DISTRICT, personally appearedSupervisor
DeSaulnier 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.
� '
By. Deputy erk��A U-�a
Form Approved (12/94)
Victor J. Westman RICT eunse
BY
Deputy
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January 30, 1997
Page 4 of 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT SW7 („ D
State Of California
County Of Alameda
On February 7 , 1997 before me, OLIVIA G. COMANDANTE, NOTARY PUBLIC ,
DATE NAME TITLE OF OFFICER.E.G -JANE DOE NOTARY PUBLIC-
personally appeared Marcello Barbero & Ginger Barbero
NAMES)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) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
~ 00000-004-
V�AG COMANDANTE signature(s) on the instrument the person(s),
COMM.#1027528 or the entity upon behalf of which the
NOTperson(s) acted, executed the instrument.
My CaW6sk i,Emi MW e2/988
WITNESS my hand and official seal.
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 of Easement
TITLE OR TYPE OF DOCUMENT
Tmvs)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL Six
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER: February 7 , 1997
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENrrry9ESl None
1989 Barbero Family Trust SIGNER(S)OTHER THAN NAMED ABOVE
EXMBIT "A"
Legal Description
An Easement for purposes of ingress, egress and utilities over an existing maintenance
road along the westerly side of an irregular strip of land belonging to the Contra Costa County
Flood Control and Water Conservation District,being a portion of the southeast one quarter of
Section 1, Township i North, Range 2 East, Mount Diablo Meridian, lying within the City of
Brentwood, County of Contra Costa, State of California, more particularly described as follows:
Beginning at a point on the northerly line of Grant Street, from which Point "IG-I"as
shown on Contra Costa County Flood Control and Water Conservation District Drawing No.'ED-
689'bears the following two courses: $89-22-52E 28 feet; thence NI-19-02E 137.56 feet.
Thence from said Point of Beginning: NI-19-02E 537.24 feet to the southerly line of"Parcel A"
as said parcel is shown in Parcel Map Book 16 page 18, recorded April 20, 1971, Contra Costa
County Records;thence 589-22-52E 13 feet;thence NI-19-02E 366.44 feet;thence along a
curve to the left with a radius of 758 feet, through a central angle of 6 degrees, 28 minutes, 28
seconds, a distance of 85.65 feet;thence N5-09-26W 83.96 feet to the northerly line of said
"Parcel X% thence S89-22-52E 65.33 feet; thence 55-09-26E 77.38 feet; thence along a curve to
the right with a radius of 823 feet, through a central angle of 6 degrees, 28 minutes, 28 seconds, a
distance of 93 feet to a point from which Point "1H" of aforesaid Drawing No.'ED-689'bears
N88-40-58W 23 feet, thence SI-19-02W 897.90 feet; thence N89-22-52W 50 feet; thence SI-19-
02W 5 feet to the northerly line of Grant Street; thence N89-22-52W 28 feet to the Point of
Beginning.
Bearings and distances are based on the California Coordinate System Zone 3 (CCS27).
0. 61-1 e,��
Paul 0. Webb L.S.5530
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TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: March 4, 1997
SUBJECT: Acknowledge Receipt of and Concur with Policy Determination on Earth Channel Repair
Method
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ACKNOWLEDGE receipt of attached policy by the Chief Engineer entitled `Repair of District
Maintained Earth Channels" and CONCUR with his policy determination for both District and County
drainage facilities.
IL Financial Impact:
Use of the method of bank repair outlined in the policy reduces our costs. Adoption of the policy is
required by the Federal Emergency Management Act prior to their agreeing to pay their share of
emergency repairs.
III. Reasons for Recommendations and Backaround:
Section 206.226, subsection b(3) "Restoration of Damaged Facilities", of the Federal Emergency
Management Act, requires that use of standards different from the original facility must be in writing
and formally adopted by the applicant. In this instance, the channel being repaired is earth lined and
the earth bank has eroded or slipped out. Inlieu of trying to compact a thin sliver fill repair, it is easier,
quicker, and fail proof to backfill the erosion or slip-out with large loose rock. The Federal Emergency
Management Agency is unwilling to accept the Chief Engineer's policy statement to this effect with out
concurrence by the governing board of the District.
The same method of repair will also be used on County owned channel improvements that have been
damaged due to storm flows.
Continued on Attachment— SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_V RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON D3-O`f —/9 APPROVED AS RECOMMENDED—OTHER
I holy arily that this M s ttua and om ed oop.r et
an acibn taken orad erdered m the n*AW& aF-tlor
aoaN of Se on the date hm M.
ATTESTE1.
PRIL BATCHELOR,Geri of&M board
VOTE OF SUPERVISORS of Supwvleas and C ty AamWigniii
V_ UNANIMOUS (ABSENT )
AYES: NOES: DW4
ABSENT: ABSTAIN:
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g\admin:mitttwchpol.t2
Ong. Div: Public Works(FC)
Contact: Milton Kubicek,(313-2203)
Attachment
cc: County Administrator's Office
County Counsel
GMEDA
Federal Emergency Management Act
(via PW Maintenance)
Flood Control Division
Accounting
Maintenance
REPAIR OF DISTRICT-MAINTAINED EARTH CHANNELS
This policy formalizes past and current practice of performing loose rock slope protection bank
repairs for erosion and/or slipouts in District-maintained earth channels.
The Contra Costa County Flood Control and Water Conservation District hereby adopts the
following design code and standard:
District flood control earth channel bank or basin slope erosions/slipouts should be repaired
with loose rock slope protection material conforming to State Standard Plans and
Specifications. The specific design shall be taken from accepted technical resources.
Exceptions will be allowed when the site conditions warrant a different repair method based
up on a geotechnical investigation and recommendation.
Use of this repair method for the past ten years has shown it to be cost-effective due to simplicity of
design and construction while providing long-term stability. In recent repairs, the US Army Corps
of Engineers and State Fish and Game have approved the use of this repair method since it minimizes
the environmental impact.
J. Michael Walford, Chief Engineer Date
JM W:GC:pc
a:krixlap.wpd
REPAIR OF DISTRICT-MAINTAINED EARTH CHANNELS
C. 10
THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY CALIFORNIA
Adopted this Order on March 4 . 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
------------
SUBJECT: Board Proceedings during the Month of February. 1997
IT IS BY THE BOARD ORDERED that the reading of the
minutes of the proceedings of this Board for the month of
February, 1997 is WAIVED, and said minutes are APPROVED as written.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 4. 1997
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
BY"�j d 0A 0. .JDeputy
C. 11
THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY CALIFORNIA
Adopted this Order on March 4 . 1997 by the following vote:
AYES: Supervisors Rogers, Uilkma, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Affidavits of Publication of Ordinances
This Board having heretofore adopted Ordinances Nos.
97-2
Affidavits of Publication of each of said Ordinances
having been filed with the Clerk during the month of
February. 1997 ; and it appearing from said affidavits
that said Ordinances were duly and regularly published
for the time and in the manner required by law;
NOW THEREFORE, IT IS BY THE BOARD ORDERED that said
Ordinances are declared duly published.
I hereby certify that this is a true
and correct copy of an action taken and
entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: March 4 . 1997
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By0 0 ,Deputy