HomeMy WebLinkAboutMINUTES - 04142007 - C.81 TO: BOARD OF SUPERVISORS `'" -` --- C �t
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
x Costa
DATE: August 14, 2007 `"~1 C ty
--------tz`tt
SUBJECT: APPROVE and AUTHORIZE the conveyance of an access easement to Gonsalves and Santucci Inc.;and
execute a Grant of Easement on behalf of Contra Costa County, Martinez area. (District II)
Project No. 0651-6L72RP
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
DETERMINE that the conveyance of the access easement rights as shown on Exhibit"A"and Exhibit`B"attached
hereto, will not substantially conflict or interfere with the Contra Costa County's (County) use of the property,
pursuant to Government Code Section 25526.5.
APPROVE and AUTHORIZE the conveyance of the access easement to Gonsalves and Santucci Inc.
AUTHORIZE the Chair, Board of Supervisors,or designee,to execute the Grant of Easement on behalf of Contra
Costa County(County) in consideration for the payment received in full in the amount of$13,400.00.
DIRECT the Real Property Division to cause said Grant of Easement to be delivered to Grantee.
CONTINUED ON ATTACHMENT: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM NDA OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BO ON -eVW7APPROVED AS RECOMMENDED OTHER
a
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT Or�� ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: David Kramer(313-2227)
DK:sr
G:\RealProp\Board Orders\2007\08-14-07 BO-Gonsalves&Santucci.doc ATTESTED ww )
JOHN CULLS LERK OF THE BOARD OF
SUPERVISORS
Orig.Div: Public Works(R/P)
Contact: David Kramer(313-2227)
cc: County Administrator
Auditor-Controller(via R/P) BY: DEPUTY
P.W.Accounting
Recorder(via R/P)
I.Bergeron,Computer Services
Grantee(via R/P)
SUBJECT: APPROVE and AUTHORIZE the conveyance of an access easement to Gonsalves and Santucci Inc.;
and execute a Grant of Easement on behalf of Contra Costa County, Martinez area. (District 11)
Project No. 0651-6L72RP
DATE: August 14, 2007
PAGE: 2 of 2
FISCAL IMPACT:
In consideration for the conveyance of the Grant of Easement to Gonsalves and Santucci, Inc., Public Works
Department has received $13,400.00 for the easement rights.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Conco Cement Company, owned and operated by Gonsalves and Santucci Inc., has built a cement trucking
maintenance yard and cement facility located north of the County maintenance facility on Waterbird Way. Conco
has requested the County grant an easement over a portion of County land for access to their facilities. A CEQA
Notice of Determination was posted on June 24, 2005 for this project.
CONSE UENCES OF NEGATIVE ACTION:
Conco Concrete Company will not have adequate access to their property.
Recorded at the request of:
Contra Costa County USE FOR EASEMENTS TO OTHER PUBLIC AGENCIES SUCH AS
LATERAL CROSSINGS GRANTED FOR NO CHARGE.
After recording return to:
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attention: David Kramer
Portion of A.P.N. 159-140-059
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, a political subdivision of the State of California, (hereinafter"COUNTY"), hereby
grants to Gonsalves and Santucci, Inc., a California Cooperation (hereinafter"GRANTEE', a
nonexclusive right to a perpetual easement and right of way for installing, constructing,
reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using
a private access road and appurtenances thereto, and for no other purposes whatsoever,
along and in all of the hereinafter described parcel of land situated in the County of Contra
Costa, State of California, described'as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A" AND %%B"
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY The primary use of the Property subject to
this easement (hereinafter the "Property") is for county maintenance facility
purposes, including, but not limited to, the right to build structures, parking and
buildings together with all appurtenance thereto. GRANTEE acknowledges and
agrees that the use just described constitutes the primary use of the Property and
that any and all rights granted or implied by this Grant of Easement are secondary
and subordinate to the primary use of the Property by the COUNTY, its successors
and assigns. GRANTEE shall not, at any time, use or permit the public to use the
easement area in any manner that will interfere with or impair the COUNTY's
primary use of the Property. GRANTEE shall not fence said easement without the
prior written approval of the COUNTY, and shall remove any fencing when
requested by COUNTY to do so. GRANTEE shall not otherwise obstruct the
easement area.
2: COUNTY TITLE: GRANTEE hereby acknowledges COUNTY's title to the Property
and agrees never to assail or resist said title.
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior
to any construction, reconstruction, remodeling, excavation, installation or plantings
within the easement area, submit specific plans and specifications to the COUNTY
for review and approval. Such approval, together with any additional requirements
to be in the form of a written permit issued by COUNTY to GRANTEE.
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(b) Normal maintenance by GRANTEE of its facilities within the easement area,
including inspection and cleaning of existing pipelines, shall not require prior notice
to the COUNTY. GRANTEE shall perform maintenance of its facilities so as to
prevent damage to the site.
4. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES:
DISTRICT reserves the right to require GRANTEE to modify its facilities, to relocate
said facilities within the easement area or, at DISTRICT's sole discretion, to remove
its facilities from the easement area to another site selected by DISTRICT, at
GRANTEE's sole expense. If DISTRICT directs GRANTEE to remove its facilities from
the easement area to a site outside the easement area, DISTRICT shall provide the
GRANTEE with a similar easement for the new site. GRANTEE shall be responsible
for all Costs of relocating its facilities butshall not be required to pay for the
relocated easement area. In the event that GRANTEE fails to commence the
required work within thirty days after being directed to.do so by DISTRICT, or such
reasonable extension as DISTRICT may agree to, or fails to complete the required
work within a reasonable time thereafter, DISTRICT may perform or complete the
work at the expense of GRANTEE, which expense GRANTEE agrees to pay to
DISTRICT promptly upon demand, including but not limited to engineering costs and
any legal expenses incurred to collect such costs. If GRANTEE's facilities are
removed from the current easement area to a new easement area, GRANTEE shall
promptly quitclaim to DISTRICT its interest in the prior easement area.
5. DAMAGE TO COUNTY PROPERTY: Any and all COUNTY Property, facilities,
landscaping or other improvements, removed or damaged as a result of the use of
the easement area by GRANTEE, or any other person or entity acting under
GRANTEE's direction or control, shall, at COUNTY's discretion and direction, be
repaired or replaced by COUNTY, with all reasonable costs and expenses to be paid
by GRANTEE (including but not limited to engineering costs and legal costs of
collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE,at the
sole cost and expense of GRANTEE, equivalent to or better than their existing
condition. In the event that GRANTEE fails to commence the required work within
thirty days after being directed to do so by COUNTY, or such reasonable extension
as COUNTY may agree to in writing, or fails to complete the required work within a
reasonable time thereafter, COUNTY may perform or complete the work at the
expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly
upon demand, including but not limited to engineering costs and any legal expenses
incurred to collect such costs.
6. DAMAGE-TO GRANTEE'S FACILITIES: COUNTY shall have no responsibility for
the protection, maintenance, damage to, or removal of GRANTEE's facilities,
appurtenances or improvements, caused by or resulting from COUNTY's use of the
Property or work or operation thereon. It shall be the sole responsibility of the
GRANTEE to provide and maintain adequate protection and surface markings for its
own facilities. Subject to the foregoing, if GRANTEE's properly marked, protected
and maintained facilities are damaged by the sole, active negligence or willful
misconduct of COUNTY, COUNTY shall repair the damage at its sole cost and
expense or, at the discretion of and upon written notice from COUNTY, the damage
shall be repaired by GRANTEE and the pre-approved reasonable cost of such repair
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shall be paid for by COUNTY. Under no circumstance shall COUNTY have any
liability to GRANTEE or to any other person or entity, for consequential or special
damages, or for any damages based on loss of use, revenue, profits or business
opportunities arising from or in any way relating to, any damage or destruction of
any portion of the GRANTEE's facilities. GRANTEE hereby acknowledges that its sole
remedy for any damage to or destruction of any portion of GRANTEE's facilities, to
the extent COUNTY is otherwise so liable under this Grant of Easement, shall be to
require COUNTY to repair or replace the damaged or destroyed portion or reimburse
GRANTEE for GRANTEE's pre-approved reasonable costs and expenses in repairing
or replacing the damaged or destroyed portion.
7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, in and to the
Property. COUNTY shall have the right to require GRANTEE to modify, remove or
relocate its facility within the easement area or to a similar easement to be granted
to GRANTEE by COUNTY at no cost, in a timely manner at GRANTEE's sole cost as
reasonably necessary to accommodate the COUNTY's, or any other existing user's
right to construct, replace, enlarge, repair, maintain and operate its facilities, in the
same manner as required by Section 4 of this easement, including the rights and
remedies contained therein. GRANTEE agrees to take all precautions required to
avoid damage to the facilities of the existing users. If GRANTEE damages the
facilities or improvements of any existing user, GRANTEE shall repair or replace such
facilities at GRANTEE's sole cost and expense. Nothing contained herein shall be
construed to prevent COUNT`( from granting other easements, franchises, licenses
or rights of way over said lands, provided however, that said subsequent uses do
not unreasonably prevent or obstruct GRANTEE's easement rights hereunder.
8. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY: (a) In the exercise
of all rights under this easement, GRANTEE shall be responsible for any and all
injury to the public, to persons and to property arising out of or connected with
GRANTEE's use of the Property. GRANTEE shall indemnify, defend, save, protect
and hold harmless, COUNTY, its officers, agents, employees and contractors from
and against any and all 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 COUNTY, its
officers or employees.
b) GRANTEE further agrees to defend, indemnify, save, protect and hold harmless,
COUNTY from any and all actual or threatened claims, costs, actions or proceedings
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to attack, set aside, void, abrogate or annul this grant of easement or any act or
approval of COUNTY related thereto.
c) GRANTEE accepts the easement area in an "as is" physical condition, with no
warranty, guarantee, representation or liability, express or implied on the part of the
COUNTY as to any matter, including but not limited to the physical condition of the
Property and/or 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 substance, 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, 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 and is
not relying in any manner, on any representation or warranty by COUNTY.
GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall ever
claim have or assert any right or action against COUNTY 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 COUNTY 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 any way to restrict the right of GRANTEE to
seek contribution or indemnity from any person or entity other than COUNTY whose
activities are a cause of any discharge, leakage, spillage or emission of hazardous
materials on or to the PropE�rty.
d) To the extent permitted by law, GRANTEE shall indemnify, defend, save,
protect and hold the COUNTY 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, to the extent caused or contributed to by GRANTEE's operation or
performance under this easement, or GRANTEE's use, release or disposal of any
hazardous substance, including all costs, claims, damages (including property and
personal injury) caused by the uncovering, release or excavation of hazardous
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materials (including petroleum) as a result of GRANTEE's construction,
reconstruction, maintenance, use, replacement, or removal of its facilities, to the
extent that such activities increase the costs attributable to the cleanup or
remediation of such hazardous materials.
e) The obligations contained in this section shall survive the expiration or other
termination of this easement.
9. NO WARRANTIES: GRANTEE understands and acknowledges that COUNTY
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 COUNTY.
10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons 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 thereupon cease and terminate and
shall immediately revert to and vest in COUNTY or its successors. Upon any such
termination of GRANTEE's rights, GRANTEE shall, upon request by COUNTY, and at
GRANTEE's sole cost and expense, remove all of its facilities from the easement
area and restore said Property to its original condition. Upon the failure of
GRANTEE to do so, this work.may be performed by COUNTY at GRANTEE's expense,
which expense GRANTEE agrees to pay to COUNTY upon demand. GRANTEE shall
execute any Quitclaim Deeds required by COUNTY in this regard.
11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be
transferred, apportioned or assigned without the prior written consent of COUNTY.
12. NO SECONDARY RIGHTS_ Nothing herein contained shall be deemed to construe
that access or other seconclary rights are conveyed by this document over any of
COUNTY's adjacent lands lying outside of the aforesaid strip of land above
described.
13. ENTIRE AGREEMENT: 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.
14. CONSTRUCTION: 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.
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15. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein
contained shall inure to the bE!nefit of and be binding upon the heirs, successors and
assigns of the respective parties hereto.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 14th
day of AUGUST , 2007.
CONTRA0 COUNTY GRANTEE(S)
By By
Chair, ar Supervisors onsalves
President
APPROVED AS TO FORM
by County Counsel
July, 1999
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
A= 14, 2007 EMEI DA L. SHARP
On before me,
Deputy Clerk of the Board of Supervisors, Contra Costa
County, personally appeared SUP. MARY PIEPHO ,
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.
By:
Deputy Clerk
DK:sr
G:\RealProp\2007-Files\07-6-Gonsalves&Santucci(EA.17PA-MworU Grant Deed-County).doc
6
CONTRA COSTA COUNTY TO
GONSALVES AND SANTUCCI,INC.
PORTION OF APN 159-140-059
EXHIBIT"A'
ALL THAT REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA,COUNTY OF
CONTRA COSTA,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF SECTION 22,TOWNSHIP 2,NORTH,RANGE 2 WEST,MOUNT
DIABLO MERIDIAN,TOGETHER WITH ALL THAT PORTION OF THE RANCHO LAS
JUNTAS,DESCRIBED AS FOLLOWS:
PARCEL"A".PERMANENT EASEMENT
BEGINNING AT THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT(CCCFC&WCD)MONUMENT NUMBER 68165,SAID
MONUMENT BEARS S37055'59"W A DISTANCE OF 611.37 FEET TO CCCFC&WCD
MONUMENT NUMBER 68164 AS SHOWN ON CCCFC&WCD MAP"PACHECO CREEK,
COMPOSITE HISTORY MAP,RIGHT OF WAY"DATED DECEMBER 1979;
THENCE S35°38'55'E A DISTANCE OF 3066.30 FEET TO THE NORTHEASTERN CORNER OF
THE PARCEL OF LAND AS DESCRIBED IN A DEED DATED MAY 21, 1970 IN BOOK 6179
OF OFFICIAL RECORDS AT PAGE 465;
THENCE ALONG THE EASTERN BOUNDARY OF SAID PARCEL(6179 OR 465)SO]-10-16-W
A DISTANCE OF 927.35 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL,SAID
CORNER BEING THE TRUE POINT'OF BEGINNING;
THENCE FROM THE TRUE POINT OF BEGINNING CONTINUING SO]°10'l 6"W A DISTANCE
OF 495.09 FEET;
THENCE LEAVING SAID BOUNDARY N88049'44W A DISTANCE OF 1928 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 37.00 FEET,TO WHICH BEGINNING OF CURVE A RADIAL BEARS S33°42'17"E;
THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 56'00'21",AN ARC DISTANCE OF 36.17 FEET;
THENCE N0001722"E A DISTANCE OF 133.88 FEET TO A TANGENT CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 1017.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01046'33",
AN ARC DISTANCE OF 31.52 FEET;
THENCE NO2003'55"E A DISTANCE OF 298.82 FEET TO A POINT ON THE SOUTHERN LINE
OF SAID PARCEL RECORDED IN:BOOK 6179 OF OFFICIAL RECORDS AT PAGE 465;
THENCE ALONG SAID SOUTHERN LINE S88042'29"E A DISTANCE OF 0.83 FEET TO THE
TRUE POINT OF BEGINNING;
CONTAU41NG 1968 SQUARE FEET MORE OR LESS.
PAGE 1 OF 3
EXHIBff`B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY
DIREC CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
00
Roger Poynts,L.S.
Date:May 17,2007
LAND S
v ; GSR. L. P0 :F
5222
EXP. D-07
OF CA�1F�
PAGE 2 OF 3
FOUND CCCCFC&WCD #68165
CONCRETE MONUMENTS `��'•
PER CCC `�' �p•`�
FC&WCD MAP
C5 .
"PACHECO CREEK, 0Ams's
COMPOSITE HISTORY MAP, `� ` . G'�''F
S88'42'29"E TRUE POINT RIGHT OF WAY" DATE g�?''�~�
0.83' OF BEGINNING DECEMBER 1979. 20
CC
O 6700 OR 28 F
#68164
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EASEMENT 04
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R=1017.P0'
L=31.52
A=01'46'33" N87'56'05"W
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Z R=37.00 54 LSM .50
S89'42'38°E L=36.17'
A=56'00'21 %"
' EXP. 8-30-01:
c PARCEL "A"
?>>�� �l•''• ...•••'' `� SEE DETAIL
�OFCI►la� DRAWING
N 88'49'44"W �-
19.28' 200 100 0 200 400 600
SCALE T RCEL�� SCALE IN FEET PAGE
3 OF 3
DRAWN: KJM UDI-TETRAD CONSULTING ENGINEERS, INC.
CHECKED: RLP 5528 PACHECO BLVD., PACHECO, CA 94553 (925) 674-0218
SURVEY. EXHIBIT „B� SCALE: 1" 200'
APPROVED: DATE: 05/17/07
ACCESS EASEMENT JOB N0. 766
AUTHORITY TO EXECUTE REAL ESTATE DOCUMENTS
I, Karen A. Watson, Secretary of Gonsalves & Santucci, Inc. do hereby certify
that at a duly constituted meeting;of the Directors and Stockholders of the Corporation
held at the office of the Corporation on April 21, 2005 it was upon motion duly made and
seconded,and unanimously approved:
To authorize Mathew W. Gonsalves, Chairman; Steven A. Gonsalves, President;
Karen A. Watson, Vice President; Joseph R. Santucci, Vice President; Barry H.
Silberman,Vice President; or, Holly Bertuccelli, Vice President are hereby authorized
to execute any and all documents related to the purchase, sale and development and
improvement of real property for this Corporation, all on such terms and conditions as
they in their discretion deems to be in the best interest of the Corporation.
In witness whereof, I have hereunto set my hand and affixed the corporate seal of
this corporation this 21 st day of.April 2005.
,G
Kare Watson, Secretary
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