RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING EXCHANGE OF INTERESTS IN REAL PROPERTY OF EQUAL VALUE BETWEEN THE COUNTY OF SAN MATEO AND FREDERICK L. HERRING, TRUSTEE

OF THE WILLIAM DWIGHT DUTHIE 1987 TRUST

PURSUANT TO SECTION 25365 OF THE GOVERNMENT CODE

(C.O.P. NO. 2677)

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, Section 25365 of the Government Code authorizes this Board by four-fifths vote to exchange real property of equal value with any person, firm or corporation where the parcel of real property to be exchanged is not required for County use and the parcel of real property to be acquired is for County use; and

WHEREAS, the Clerk of the Board of Supervisors gave notice of the intended action of this Board of Supervisors pursuant to Section 6061 of the Government Code once in the San Mateo Times, a newspaper of general circulation published in the County of San Mateo in the form and manner provided by law and it appears from the affidavit or publication on file with the Clerk of the Board that said notice of intention has been given in the form and manner provided by law as aforesaid; and

WHEREAS, said notice of intention set TUESDAY, May 6, 2003, at the hour of 9:00 a.m. in the Supervisors' Chambers in the Hall of Justice of Records, 400 County Center, Redwood City, California;

WHEREAS, the County of San Mateo acquired a sanitary sewer easement as described in Exhibit "A" attached hereto and incorporated herein by reference; and

WHEREAS, Frederick L. Herring, Trustee of the William Dwight Duthie 1987 Trust is the owner of the certain interest in real property (sanitary sewer easement) located in the unincorporated area of San Mateo, described in Exhibit "B" attached hereto and incorporated herein by reference; and

WHEREAS, the sanitary sewer easement described in Exhibit "A" is not required for County use and the sanitary sewer easement described in Exhibit "B" is required for County use and the easements are of equal value; and

WHEREAS, it is necessary and desirable that this Board authorize the exchange of the easement described in Exhibit "A" for the easement described in Exhibit "B" as hereinafter provided; and

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:

1. That the County shall exchange said interests in real property (sanitary sewer easements) described in the attached Exhibit "A" and "B", pursuant to the terms and conditions stated in the Exchange Agreement. The interest in real property to be exchanged is not required for County use and the interest in real property to be acquired is required for County use. The easements are of equal value.

2. That the Assistant County Manager is hereby authorized to accept or execute the Exchange Agreement with Frederick L. Herring, Trustee of the William Dwight Duthie 1987 Trust, execute a Quitclaim Deed to Frederick L. Herring, Trustee of the William Dwight Duthie 1987 Trust for the property described in Exhibit "A" attached hereto and accept the Easement Grant Deed from Frederick L. Herring, Trustee of the William Dwight Duthie 1987 Trust for the real property described in Exhibit "B" attached hereto, all pursuant to Government Code Section 25365 of the Government Code. Said agreement and Quitclaim Deed shall be executed by the President of the Board of Supervisors for and on behalf of the County of San Mateo, and Clerk of the Board will attest to his signature thereto.

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