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CITY COUNCIL AGENDA ITEM NO.16

Meeting Date: July 23, 2002

Subject/Title: Approve a Purchase Agreement with Jim and Julie Moita for the Northwest Quadrant Infrastructure, Project (Lone Tree Way Widening), CIP 336-3127.

Submitted by: City Attorney: Dennis Beougher
Engineering: B. Grewal/M. Kirby

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving the following actions: (1) an agreement for purchase of a fee parcel (property exchange) with Jim J. Moita and Julie F. Moita, trustees of The Jim and Julie Moita Trust Dated December 13, 1998, for a portion of real property identified as APN 019-010-028, generally located on the north side of Lone Tree Way adjacent to the railroad tracks and the intersection of the existing Fairview Avenue, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the purchase agreement, including the document entitled “Temporary Easement and Agreement”, and such other documents as may be needed to complete the transaction including acceptance of the Deed, the document entitled “Temporary Easement and Agreement”; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed, and such other documents as may be needed to complete the transaction to convey the City owned property identified as a portion of APN 019-010-022 & 027 (property exchange) from the City of Brentwood to JMI Properties Corporation, a California corporation described in said purchase agreement.

PREVIOUS ACTION
On November 10, 1998, the City Council approved Resolution No. 98-196 that annexed the northwest area into the City of Brentwood.

On November 28, 2000, the City Council approved Resolution No. 2203 to take various actions. The actions included adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible.

On February 27, 2001, the City Council approved Resolution No. 2246 approving the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions.

On May 22, 2001, the City Council by Resolution No. 2299 certified and approved the Negative Declaration and adopted the 2001/2006 Capital Improvement Program (CIP) for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years.

On May 22, 2001, the City Council authorized the City Engineer to execute a Consultant Services Agreement with Cordoba Consulting, Inc. for project management services not to exceed $115,000 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

On February 12, 2002, the City Council by Resolution 2464 authorized the City Manager to execute a Design, Engineering, Estimating and Project Management Contract with Pacific Gas and Electric for the under grounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way from Jeffrey Way to Fairview Avenue.

On May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/2007 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 6540l of the Government Code.

On May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/2003 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 and the Lone Tree Way - Union Pacific Undercrossing Project, CIP 336-3134.

On July 9, 2002, by Resolution No. 2613, the City Council certified and adopted the Mitigated Negative Declaration for the Lone Tree Way Widening Project (a portion of the Northwest Quadrant), CIP Project No. 336-3127.

On July 9, 2002, by Resolution No. 2610, the City Council approved executing a contract amendments for Professional Design and Service Agreement for the Northwest Quadrant Project, CIP Project No. 336,3127, and approve a change order with Cordoba Consulting, Inc., to incorporate management and coordination assistance for the Lone Tree Way – Union Pacific Undercrossing Project, CIP Project No. 336-3134.

BACKGROUND
The widening of Lone Tree Way will cause two parcels of land (City owned) to become un-developable. The logical disposition of these parcels would be to incorporate them into the Moita property. The City needs to acquire a strip of land off the frontage of the Moita property for widening of Lone Tree Way and a long-term temporary roadway easement due to the Lone Tree Way - Union Pacific Undercrossing Project, CIP 336-3134. The property exchange therefore, would be beneficial for both the City and the Moitas. Since the value of the land being exchanged is of equivalent value, no monetary exchange will take place.

The widening of Lone Tree Way is necessary in order to support commercial and residential development of the area. The roadway system is currently over capacity and utility facilities are virtually non-existent. Major upgrades of all systems are required to support existing as well as proposed uses in the area.

FISCAL IMPACT
The Northwest Quadrant Infrastructure Project will increase annual maintenance costs by approximately $40,000 per year.

Attachments:
Resolution
Site Map
Two Project Maps
Purchase Agreement
Temporary Easement and Agreement
Exhibit showing the eventual Lot Line Adjustment for the Moita property.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) APPROVE AN AGREEMENT FOR PURCHASE OF A FEE PARCEL (PROPERTY EXCHANGE) WITH JIM J. MOITA AND JULIE F. MOITA, TRUSTEES OF THE JIM AND JULIE MOITA TRUST DATED DECEMBER 13, 1998, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-010-028, GENERALLY LOCATED ON THE NORTH SIDE OF LONE TREE WAY ADJACENT TO THE RAILROAD TRACKS AND THE INTERSECTION OF THE EXISTING FAIRVIEW AVENUE, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE THE PURCHASE AGREEMENT, INCLUDING THE DOCUMENT ENTITLED “TEMPORARY EASEMENT AND AGREEMENT”, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEED, THE DOCUMENT ENTITLED “TEMPORARY EASEMENT AND AGREEMENT”; (2) AUTHORIZE THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT DEED, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO CONVEY THE CITY OWNED PROPERTY IDENTIFIED AS A PORTION OF APN 019-010-022 & 027 (PROPERTY EXCHANGE) FROM THE CITY OF BRENTWOOD TO JMI PROPERTIES CORPORATION, A CALIFORNIA CORPORATION, DESCRIBED IN SAID PURCHASE AGREEMENT.

WHEREAS, on November 10, 1998, the City Council approved Resolution No. 98-196 that annexed the northwest area into the City of Brentwood; and

WHEREAS, on November 28, 2000, the City Council approved Resolution No. 2203 to take various actions. The actions included adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible; and

WHEREAS, on February 27, 2001, the City Council approved Resolution No. 2246 approving the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions; and

WHEREAS, on May 22, 2001, the City Council by Resolution No. 2299 certified and approved the Negative Declaration and adopted the 2001/2006 Capital Improvement Program (CIP) for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years; and

WHEREAS, on May 22, 2001, the City Council authorized the City Engineer to execute a Consultant Services Agreement of Cordoba Consulting, Inc. for project management services not to exceed $115,000 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, on February 12, 2002, the City Council by Resolution 2464 authorized the City Manager to execute a Design, Engineering, Estimating and Project Management Contract with Pacific Gas and Electric for the under grounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way from Jeffrey Way to Fairview Avenue; and

WHEREAS, on May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/2007 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code; and

WHEREAS, on May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/2003 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, on July 9, 2002, by Resolution No. 2613, the City Council certified and adopted the Mitigated Negative Declaration for the Lone Tree Way Widening Project (a portion of the Northwest Quadrant), CIP Project No. 336-3127; and

WHEREAS, on July 9, 2002, by Resolution No. 2610, the City Council approved executing a contract amendments for Professional Design and Service Agreement for the Northwest Quadrant Project, CIP Project No. 336,3127, and approve a change order with Cordoba Consulting, Inc., to incorporate management and coordination assistance for the Lone Tree Way – Union Pacific Undercrossing Project, CIP Project No. 336-3134; and

WHEREAS, a portion of real property identified as APN 019-010-028, generally located on the north side of Lone Tree Way adjacent to the railroad tracks and the intersection of the existing Fairview Avenue in the City of Brentwood, is needed for the widening of Lone Tree Way for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, a Purchase Agreement between the City of Brentwood and the vested property owner for a property exchange has been developed and is necessary to transfer property.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the Purchase Agreement, including the document entitled “Temporary Easement and Agreement” is hereby approved.

BE IT FURTHER RESOLVED that the Mayor or City Manager and City Clerk or any of their designees are authorized to execute the Purchase Agreement, including the document entitled “Temporary Easement and Agreement” and any related escrow documents including acceptance of the Grant Deed, the document entitled “Temporary Easement and Agreement”.

BE IT FURTHER RESOLVED that the City of Brentwood hereby accepts the Grant Deed, including the document entitled “Temporary Easement and Agreement”.

BE IT FURTHER RESOLVED that Mayor or City Manager and City Clerk or any of their designees are authorized to execute a Grant Deed to convey City owned property identified as a portion of APN 019-010-022 & 027, and such other documents as may be needed to complete the property exchange.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of July 2002 by the following vote:

CITY OF BRENTWOOD
AGREEMENT FOR PURCHASE AND SALE OF INTERESTS IN REAL PROPERTY

Parcel Number: 019-010-028
Property Location: Lone Tree Way, Brentwood
Project Name: Northwest Quadrant Infrastructure (Lone Tree Widening)
CIP 336-3127

Grantors: Jim J. Moita and Julie F. Moita, Trustees
Mailing Address: 8117 Marsh Creek Road, Clayton, CA 94517

A document in the form of a Grant Deed, conveying to the City of Brentwood a portion of property identified as 019-010-028 described in Exhibit “A” and shown on Exhibit “B” designated as Parcel 3 (being land required to widen Lone Tree Way), will be executed and delivered to North American Title Company; a document entitled “Temporary Easement and Agreement, covering a portion of property identified as 019-010-028 described in Exhibit “A” and shown on Exhibit “B” designated as Roadway Easement (being land required for a temporary bypass while the Lone Tree Way underpass it built), will be executed and delivered to the City Clerk of the City of Brentwood.

In consideration of the above-mentioned instruments and the other considerations hereinafter set forth, it is mutually agreed as follows:

1. This Agreement is effective on the date of approval by the City Council.

2. The City shall:

A. (1) Convey a portion of City owned property (property exchange) to Grantor or his designees described in Exhibit A and shown on Exhibit B, identified as APN 019-010-022 designated as Parcel 1;

(2) Convey a portion of City owned property (property exchange) to Grantor or his designees described in Exhibit A and shown on Exhibit B, identified as APN 019-010-027 designated as Parcel 2;

(3) Waive all Lot Line Adjustment fees (City fees), when an application has been filed that meets all requirements as defined in the California Subdivision Map Act and the Brentwood City Code on APN 019-010-028 and the two parcels being conveyed in Paragraph 2A(1) and 2A(2) [Exhibit B showing a proposed Lot Line Adjustment];

all as valuable consideration, for property conveyed by the above documents when title to said property or interest vests in the City free and clear of all liens, encumbrances, assessments, leases, and taxes as shown in the Preliminary Report issued by North American Title Company, Order No. 54709-51900703-MEW and dated May 11, 2001, except:

(l) Taxes for the fiscal year in which this escrow closes shall be cleared paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of escrow.

(2) Covenants, conditions, restrictions and reservations or record, if any.

(3) Easements or rights of way of record over said property.

B. Pay all escrow, recording, or other fees incurred in this transaction, if any, and, if title insurance is desired by the City, the premium charged therefore. City will pay the premium charged for title insurance if desired by the Grantor for property being conveyed to Grantor (property exchange).

3. Grantor hereby authorizes the City to prepare and file escrow instructions with North American Title Company, on behalf of Grantor, in accordance with this agreement. The County will segregate taxes if necessary and any refund will come directly from the County.

4. It is understood that the agreement between the City and the Grantors shall include the following:

A. Grantors and the City each warrant that there are no oral or written leases on all or any portion of their respective property that is being conveyed (property exchange) exceeding a period of one month, and the both parties further agree to hold each other harmless and reimburse the damaged party for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor for a period exceeding one month.

B. The undersigned grantors hereby grants permission to the City of Brentwood, its contractors and their authorized agents, to enter, construct and bring the necessary workmen, tools and equipment on their property as shown on the attached map for the purposes of soils testing, materials storage, and for access purposes to the property, as required. It is understood and agreed that the Contractor will leave the premises in a clean and orderly condition on completion of the work. It is further understood that the above permission will remain in effect until completion of construction of the Lone Tree Widening Project.

C. The City of Brentwood shall hold Grantors harmless from any and all claims, demands, damages, losses, actions, liabilities, causes of action or judgments which Grantors may pay or be required to pay by reason of any damage or injury to any person or property suffered as the sole result of the active negligence of the City of Brentwood in performing the work described herein and excepting only such loss, damage or liability as may be the intentional acts or sole negligence of the Grantors.

D. The City will pay when due all claims relating to the above set-out preliminary work, and will not allow any lien of mechanics to attach to the property as a result of its exercise of the rights herein granted.

E. The consideration mentioned in paragraph 2A above includes total compensation for both permanent and temporary rights (Temporary Easement and Agreement document) and includes total compensation for all severance damages to Grantor’s remaining property.

F. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the City of Brentwood, including the right to remove and dispose of improvements, commenced on date of the execution by both parties to Grantor or his designees, and that the amount shown in paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.

G. The City currently has contracts out for the Demolition and clearing of the site, which includes houses, septic tanks and the well destruction on the City owned property being conveyed in paragraph 2A(1) & 2A(2). The City will follow through with the completion of the contracts.

H. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being transferred by either party is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City or Grantor may elect to recover its clean-up costs from those who caused or contributed to the contamination. City or Grantor shall further indemnify, defend, save an hold harmless the City or Grantor from any and all claims, costs and liability, including reasonable attorney’s fees, for any damage, injury or death to persons or property arising directly or indirectly from or connected with the existence of toxic or hazardous material on the property, save and except claims, costs or litigation arising through the sole willful misconduct of the Grantor or City, their agents or employees.

5. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration of said document as to the transfer of real property and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. Other agreements exist between the Parties and shall not be effected by this agreement.

CITY OF BRENTWOOD GRANTOR

The Jim and Julie Moita Trust
Dated December 13, 1998


By:___________________ ________________________
Jim J. Moita, Trustee

Date:_________________ ________________________
Julie F. Moita, Trustee

ATTESTED:


By:__________________________ Date:_______________________


Date:________________________

NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED

WHEN RECORDED, RETURN TO:

City of Brentwood
City Clerk
150 City Park Way
Brentwood, CA 94513

TEMPORARY EASEMENT AND AGREEMENT

This Temporary Easement and Agreement is entered into as of July__, 2002 (“Effective Date”) by and between Jim Moita and Julie F. Moita as trustees of the Jim and Julie Moita Trust (individually and together, “Grantor”) and the City of Brentwood, a municipal corporation (“City”).

1. Grantor for a valuable consideration, receipt of which is hereby acknowledged, by this Temporary Easement and Agreement (“Agreement”) hereby grants to the City a temporary easement and right-of-way (“Easement”) over, under and across that real property situated in the City of Brentwood, County of Contra Costa, State of California (“Easement Area”), described as follows:

Legal description attached hereto as Exhibit “A” and made a part hereof.

2. The Easement Area shall be used solely for right of way, public utilities, and any purposes related to public right of way and public utility use by the City, or its assigns, all related to the City’s need for a bypass route while Lone Tree Way is closed for the purpose of building an underpass beneath the adjacent railroad tracks, The Easement shall continue so long as it is used or needed for the purposes described above, and until terminated by the City, but under no circumstances beyond ten (10) years after Effective Date..

3. City has paid Grantor adequate consideration, which Grantor hereby acknowledges is adequate for any or all rent for the first 36 months of this Easement. If the City does use or keep the Easement in force any time after 36 months from the Effective Date , whether or not the Easement actually is being used at such time, then the City shall pay Grantor a sum of $22,000.00 per year for the Easement, due and payable on January 1st of each succeeding year and subject to a pro rata rent for any portion of a calendar year during which the Easement expires or is earlier terminated. The annual payment shall be subject to a five percent simple interest rate increase, beginning six (6) years after the Effective Date of this Agreement

4. City agrees to return the Easement area to a condition that allows Grantor to build any approved plans for the Easement area at the time of the execution of this Agreement without additional cost to Grantor. Removal of all utility improvements installed by the City within the Easement Area is required to satisfy this condition, unless removal of any such improvement is waived by Grantor.

5. Subject to the ten-year expiration date, this Easement shall continue until the earlier of (a) the date the City sends Grantor written notice that it terminates the Easement or (b) thirty (30) days after the Lone Tree Way underpass is completed and opened for vehicle traffic, subject to the City having the right to enter and use the Easement area for the sole purpose of restoring the area as specified herein. The City covenants to promptly execute and deliver any quitclaim deed or other document required by Grantor, a title company, a lender or other party to clear title to the Easement Area. After receiving the City’s notice of termination or upon the ten-year expiration date, then upon the City satisfying the requirements to provide documents clearing title and upon the City restoring the Easement Area, City shall pay any pro rata back rent.

6. The City shall notify Grantor when the Easement Area is restored and ready for surrender to Grantor, after which Grantor shall either accept the Easement Area or notify the City of additional work Grantor believes is needed to satisfy the conditions for surrender.

7. Nothing in this grant of Easement shall preclude Grantor and its successors from utilizing the surface area or subsurface of the Easement for any use, including, but not limited to, landscaping, waterways, constructing water, sprinkler, or irrigation lines or other related utilities for these purposes through the Easement so long as said uses of the surface will not interfere with the City’s full use and enjoyment of its rights provided by said Easement, as determined by the City Engineer. No permanent structures shall be allowed on the surface within the Easement Area until the Easement either expires or is terminated, unless agreed to by City Engineer. Grantor may enclose the Easement Area with fencing and use it for temporary storage and other permitted purposes until needed by the City. The City will give Grantor thirty (30 ) days’ prior notice to remove such fencing and temporary uses so as to make the Easement Area available for City’s use pursuant to this Agreement.

8. The Easement granted in this Agreement is non-exclusive. Grantor retains the right to make any use of the servient tenement, including the right to grant concurrent easements in the servient tenement to third parties that do not interfere unreasonably with City’s free use and enjoyment of the Easement for right of way and public utilities and their related uses.

9. The City shall take this grant of Easement subject to the Deed of Trust granted to secure an indebtedness or any other obligations secured thereby recorded before the date of execution of this Agreement. Grantor may use the Easement Area as security for future indebtedness, which shall be subject to this Easement. Grantor shall defend and hold the City of Brentwood harmless from any default of Grantor on said lien and deed of trust.

10. The City covenants to Grantor that the Easement and the City’s use of the Easement Area shall not interfere with Grantor’s right to use its adjacent property, including construction, operation and maintenance of a commercial self-storage facility with on-site manager’s residence pursuant to the plans approved by Design Review No. 00-14, and the City shall not use the fact of such adjacent Easement or its use by the City as a reason for restricting, conditioning or delaying Grantor’s use of such property, except as provided in Design Review No. 00-14.

11. Grantor shall be entitled to construct and operate the portion of its self-storage facility already approved for the Easement Area as soon as the Easement Area is restored and surrendered, without any delays or new conditions except those stated in Design Review No. 00-14 . If the Grantor pays the fees in effect on the date that Grantor requests a building permit for such buildings proposed in the Easement Area, notwithstanding the prohibition of development in the Easement Area until the City’s use of the area for bypass purposes, the City agrees that any building or other City fees or charges levied on such construction and operation permit shall be those in effect on the date that Grantor requests and pays for the permits. If the building permit cannot be used for 18 months after the building permit is issued due to the City’s use of the Easement Area, City agrees to renew the building permits without additional cost to Grantor so long as the City uses the Easement Area.

12. The City shall indemnify, defend and hold Grantor harmless from and against any injuries, damages or claims arising from the City’s use of the Easement.

13. If any legal action or proceeding arising out of or relating to this Agreement or the Easement is brought by either party, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys’ fees, costs, and expenses incurred in the action or proceeding by the prevailing party, including any appeals and any enforcement efforts.

14. Time is of the essence in this Easement.

15. This Easement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and the City

GRANTOR: GRANTEE:

JIM MOITA and JULIE F. MOITA, CITY OF BRENTWOOD
Trustees of the Jim and Julie Moita Trust
Dated December 13, 1998


By:__________________________________ By:___________________________
Jim Moita, as Trustee of the Jim and John Stevenson, City Manager
Julie Moita Trust, dated 12/13/98

By:
Julie F. Moita, as Trustee of the Jim and
Julie Moita Trust, dated 12/13/98

STATE OF _______________________ )
) ss.
COUNTY OF ______________________ )


On ________________________, before me, _____________________________, a Notary Public in and for said state, personally appeared ____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me 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 seal.


____________________________________________
Notary Public in and for said State


[SEAL]

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