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HomeMy WebLinkAboutMINUTES - 07081986 - T.1 CORRECTED COPY! PLEASE DESTROY _ PREVIOUS ISSUE- 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AS EX-OFFICIO GOVERNING BODY OF CONTRA OOSTA 2 COUNTY FLOOD CONTROL AND WATER C7ONSERVATION DISTRICT 3 4 Condemnation of Property ) RESOLUTION OF NECESSITY FOR Flood Control Purposes ) NO. 86/383 5 Project #7520-6B8636 ) Walnut Creek Area ) (C.C.P. Sec. 1245.230) 6 7 The Board of Supervisors of Contra Costa County, California, 8 as ex-officio governing body of the Contra Costa County Flood 9 Control and Water Conservation District by vote of two-thirds or 10 more of its members , RESOLVES that : 11 Pursuant to West ' s Water Code, Appendix 563-5 and Deering' s 12 Water Code , Uncodified Acts . Act 1656 , S5 , Contra Costa County 13 Flood Control and Water Conservation District intends to construct 14 the San Ramon Creek Bypass Channel , a public improvement , for 15 flood control purposes , and, in connection therewith , acquire 16 interests in certain real property. 17 The property to be acquired consists of twenty-four (24) par- 18 cels and is generally located in the Walnut Creek area . The said 19 property is more particularly described in Appendix "A" , attached 20 hereto and incorporated herein by this reference . Some of the 21 property sought to be acquired is property appropriated to a 22 public use; the proposed use is a more necessary public use than 23 the use to which the property is now appropriated (C.C.P. 24 51240. 610) , or a compatible public use (C.C.P. S1240.510) . 25 On June 17, 1986 , this Board passed a resolution of intention 26 to adopt a resolution of necessity for the acquisition by eminent 27 domain of the property described in Appendix "A" (Resolution No. 28 86/348 ) and fixing 10 :30 a .m. , July 8, 1986 , in its Chambers In RESOLUTION NO. 863$3 1 _ s • 1 the Administration Building, 651 Pine Street , Martinez, 2 California , as the time and place for the hearing thereon. 3 The hearing was held at that time and place , and all 4 interested parties were given an opportunity to be heard and based 5 upon the evidence presented to it , this Board finds , determines 6 and hereby declares the following: 7 1 . The public interest and necessity require the proposed 8 project ; and 9 2. The proposed project is planned and located in the manner 10 which will be most compatible with the greatest public good and 11 the least private injury; and 12 3 . The property described herein is necessary for the pro- 13 posed project ; and 14 4 . The offer required by Section 7267. 2 of the Government 15 Code was made to the owner or owners of record. 16 The County Counsel of this County is hereby AUTHORIZED AND 17 EMPOWERED: 18 To acquire in the District ' s name , Dy condemnation, the 19 titles , easements and rights of way as set forth in Appendix A, in 20 and to said real property or interests therein, in accordance with 21 the provisions for eminent domain in the Code of Civil Procedure 22 and the Constitution of California; 23 To prepare and prosecute in the District ' s name such pro- 24 ceedings in the proper court as are necessary for such 25 acquisition; 26 To deposit the probable amount of compensation, based on an 27 appraisal , and to apply to said court for an order permitting the 28 District to take immediate possession and use said real property -2- 1 for said public uses and purposes . 2 PASSED and ADOPTED on July 8, 1986, by the following vote: 3 AYES: Supervisors Fanden, Schroder, Torlakson and Powers 4 NOES : None 5 ABSENT: Supervisor McPeak 6 I HEREBY CERTIFY that the foregoing resolution was duly and 7 regularly introduced , passed and adopted by the vote of two-thirds 8 or more of the Board of Supervisors of Contra Costa County, g California , at a meeting of said Board on the date indicated. 10 Dated:J.UL 8 1986 11 Phil Batchelor , Clerk of the 12 Board of Supervisors and County Administrator 13 14 By 15 Deputy 16 cc: Public Works Department , 17 Real Property Division Auditor-Controller 18 County Counsel (Certified copy) 19 SLA/jh 20 21 22 23 24 25 26 27 28 -3- 0 APPENDIX "A" PARCEL 1.: A Temporary Construction Easement to Expire 10-31-88 All that portion of that parcel of land described as Parcel 1 in the deed to the Southern Pacific Land Company, a California Corporation recorded October 25, 1977 in Book 8562 at page 70 of Official Records of Contra Costa County, California, which lies easterly-of the following described line. Conmiencing at the most southerly corner of said Parcel 1 (8562 OR 70) , thence along the southeasterly line of said Parcel 1 north 650 14' 47" east 11.00 feet to the Point of Beginning of said described line. Thence from said Point of beginning north 160 35' 00" west 208.00 feet; thence north 60 20' 00" west 49.00 feet; thence north 240 55' 00" west 48.00 feet; thence north 110 50' 00" west 35.00 feet; thence north 220 35' 00" west 43.00 feet; thence north 440 30' 00" west 3.76 feet to a point in the northerly line of Parcel One as described in deed to the Southern Pacific Transportation Company, a Delaware Corporation, recorded September 29, 1972 in Book 6762 at page 822 of Official Records of Contra Costa County. Said point being the northerly terminus of said line. Said parcel of land being bounded on the north by the said northerly line of Parcel One (6762 OR 822) . PARCEL 2: A Temporary Construction Easement to Expire 10-31-88 Portion of Lot 2 in Block 9, as shown on the map entitled "Map No. 2 of Walnut Heights, Walnut Creek, California, Contra Costa County", which map was filed in the office of the County Recorder of said County on December 29, 1931, in book 10 of maps, at page 245, and a portion of the Rancho San Miguel, described as follows: Beginning at the most northerly corner of Parcel One as said parcel is described in the deed to Southern Pacific Transportation Company recorded September 29, 1972 in Book 6762 at page 822 of Official Records of said county; thence along the exterior boundary of said Parcel One south 190 18' 16" east 256.25 feet; thence south 19° 37' 18" east 101.62 feet; thenC8 south 440 42' 47" west 160.07 feet; thence leaving said boundary north 17 42' 24" west 424.25 feet to a point on the northwesterly line of EVd Parcel One 6762 OR 822) ; thence along said northwesterly line north 68 59' 37" east 131.56 feet to the point of beginning. PARCEL 3: (R/W 1352) , A Fee A portion of that parcel of land deeded to Newell Avenue Associates and recorded August 16, 1984 in Volume 11927 of Official Records at page 860. Beginning at a point on the northwest line of said Newell Avenue Associates parcel that bears North 44° 42' 59" East 10.00 feet from the most westerly corner thereof; thence South 170 51' 53" East 78.07 feet to a point on the boundary of said Newell Avenue Associates parcel; thence along said boundary North 24° 45' 16" West 74.00 feet and North 44 42' 59" East 10.00 feet, to the point of beginning. PARCEL 4: (R/W 1352T) , A Temporary Construction to Expire 10-31-88 A portion of that parcel of land deeded to Newell Avenue Associates and recorded August 16, 1984 in Volume 11927 of Official Records at page 860. Beginning on the northwest ;ine of said Newell Avenue Associates parcel at a point that bears North 44 42' 59" East 42.5 feet from V west corner thereof; thence aloDg the boundary of said parcel, South 44 42' 59" West 42.5 feet, South 24 45' 19" East 36.5 feet to a point hereinafter referred to as "Point All, South 24 45' 16" East 37.5 feet to a point hereinafter referred to as "Point B", South 24° 45' 16" East 18.77 feet to a tangent curve concave to the west with a radius of 915 feet, thence along the arc of said curve Southeasterly 51.5 feet to a point hereinafter referred to as "Point C", thence along the arc of said curve Southeasterly 12.5 feet to a point hereinafter referred to as "Point D", thence along the arc of said curve Southeasterly 101.66 feet, thence South 77° 51' 19" East 23 feet; Page 1 of 9 thence leaving the boundary of said Newell Avenue Associates parcel, in a straight line, Northwesterly 115.5 feet, more or less, to a point lying easterly 21.5 feet (measured radially) from "Point D11; thence in a straight line, Westerly 21.5 feet, more or less, to a point lying easterly 3 feet (measured radially) from "Point C"; thence in a straight line, Northwesterly 70 feet, more or less, to a point lying northeasterly 4 feet (right angle measurement) from "Point Bt1; thence in a straight line, Northerly 47.5 feet, more or less, to a point lying northeasterly 32.5 feet (right angle measure- ment) from "Point A11; thence in a straight line, Northwesterly 53 feet, more or less, to the point of beginning. PARCEL 5: A Temporary Construction Easement to Expire 10-31-88 All of that portion of those parcels of land described as Parcel 1 and Parcel 2 in deed to the Southern Pacific Land Company, a California Corporation recorded October 25, 1977 in Book 8562 at page 70 of Official Records of Contra Costa County, California, which lies easterly of the following described lane. Commencing at the most westerly corner of said Parcel 2 (8562 OR 70) , thence along the northwesterly line of said Parcel 2 north 650 141 4711 east 116.89 feet to the Point of Beginning of said described line. Thence from said Point of Beginning south 260 551 0011 east 7.17 feet; thence south 170 201 0011 east 89.00 feet; thence south 130 251 0011 east 113.00 feet; thence south 160 201 0011 east 20.00 feet; thence south 170 101 0011 east 152.00 feet; thence south 440 301 0011 east 10.74 feet to a point in the northerly line of Parcel One as described in deed to the Southern Pacific Transportation Company, a Delaware Corporation, recorded September 29, 1972 in Book 6762 at page 822 of Official Records of Contra Costa County. Said point being the southerly terminus of said line. Said parcel of land being bounded on the south by the said northerly line of Parcel One (6762 OR 822) . Page 2 of 9 PARCEL 6: (R/W 1370), A Fee A portion of Lot 13 as said Lot is shown on the map entitled "Map of Bradley Tract" filed September 15, 1941 in Book 25 of Maps at page 845, records of Contra Costa County, California , described as follows: Beginning at the most northerly corner of Parcel "A" as said parcel is shown on the map of Subdivision MS 232-76 filed August 2, 1977 in Book 56 of Parcel Maps at page 44; thence from said pint of beginning along the easterly line of said Lot 13 (25 M 845) south 19 31° 0011 east 16.51 feet to a point on the northerly line of the "area deeded to Contra Costa County" as shown on said parcel map (56 PM 44) from which a radial line of a Surve concave to the southeast having a radius of 45.00 feet bears south 34 56° 47" east; tfence southerly along the arc of said curve, through a central angle of 46 16' 35", a distance of 36.35 feet to a point from which the radial line of a nontang%t curve concave to the east having a radius of 285.00 feet bears south 63 36' 04" east; thence southerly along the arc of said curve, through a central angle of 26 01' 47", a distance of 129.48 feet to the westerly line of said Parcel "A" (56 PM 44); thence along said westerly line north 140 18' 30" west 80.00 feet to a point on the north- westerly line of said Parcel "A" from which a radial line of a curve concave to the southeast having a radius of 1,025 feet bears south 57 161 481° east; thence along said northwesterly line northeasterly along the arc of said curve, through $ central angle of 1° 26' 0111, a distance of 25.65 feet; thence north 34 091 13" east 86.45 feet to the most northerly corner of said Parcel "A", the point of beginning. Containing an area of 2,732 square feet of land, more or less. PARCEL 7: (R/W 1370T) A Temporary Construction Easement to Expire 10-31-88 A portion of Lot 13 as said Lot is shown on the map entitled "Map of Bradley Tract" filed September 15, 1941 in Book 25 of Maps at page 845, records of Contra Costa County, California , described as follows: Beginning at the most southerly corner of Parcel "A" as said parcel is shown on the map of Subdivision MS 232-76 filed August 2, 1977 in Book 56 of Parcel Maps at page 44; thence from said point of beginning along the westerly line of said Parcel "A" north 14 18' 30" west 52.70 feet to a point on the east line of the above described Parcel 1370 from which a radial line of a curve concave to the east having a radius of 285.00 feet bears south 89° 37' 51" east; thence northerly along said east line and curve, through a central angle of 26 01' 41" a distance of 129.48 feet to a point on the westerly line of the "area deeded to Contra Costa County" as shown on said parcel map (56 PM 44) from which a radial line of a curve concave to the east having a radius of 45.00 feet bears south 81 13' 22" east; thence southerly along the arc of said curve, through a central angle of 68° 411 03", a distance of 53.94 feet to a point on a nontangent curve from which a radial line os a curve concave to the east having a radius of 247.00 feet bears south 70 52' 38" east; thence southerly along the arc of said curve, through a central angle of 27 50' 33", a distance of 120.03 feet to the southeasterly line of said Parcel "A"; thence along said line south 67 03' 00" west 30.21 feet to the most southerly corner of said Parcel "A", the point of beginning. Containing an area of 5,246 square feet of land, more or less. PARCEL 8: A Temporary Construction Easement to Expire 10-31-88 A portion of Lot 13 as said Lot is shown on the map entitled "Map of Bradley Tract" filed September 15, 1941 in Book 25 of Maps at page 845, records of Contra Costa County, California, described as follows: Beginning at the most southerly corner of Parcel "B" as said parcel is shown on the map of Subdivision MS 232-76 filed August 2, 1977 in Book 56 of Parcel Maps at page 44; thence from said point of beginning along the westerly line of said Parcel "B" north 140 18' 30" west 100.00 feet to the northwesterly line of said Parcel "B"; thence along said line north 67° 03' 00" east 30.21 feet; thence leaving said line south 70 00' 29" east 102.82 feet to the southeasterly line of said Parcel "B"; thence along said line south 67 031 00" west 17.00 feet to the most southerly corner of said Parcel "B" , the point of beginning. Page 3of9 L Containing an area of 2,334 square feet of land, more or less. PARCEL 9: (R/W 1371), A Fee A portion of Lot 14 as said Lot is shown on the map entitled "Map of Bradley Tract" filed September 15, 1941 in Book 25 of Maps at page 845, records of Contra Costa County, California, described as follows: Beginning at the most northerly corner of Parcel "A" as said parcel is shown on the map of Subdivision MS 232-76 filed August 2, 1977 in Book 56 of Parcel Maps at page 44, records of Contra Costa County at the southeasterly line of the parcel of land described in the deed to the Contra Costa County Flood Control and Water. Conservation District recorded April 22, 1971 in Book 6365 at page 162 records of said County; thence from said point of beginning along said southeasterly line (6365 O.R. 162) north 34° 09' 13" east 44.94 feet; thence northeasterly along the arc of a tangent curve, concave to the northwest having a radius of 828.00 feet through. a central angle of 5° 211 1211, a distance of 77.36 feet to the easterly line of said Lot 14 (25 M 845); thence along said easterly line south 19 31' 00" east 110.60 feet; thence leaving said line, south 30° 52' 22" west 125.00 feet to the easterly bine of said Parcel "A" (56 PM 44); thence along said easterly line north 19 31' 00" west 15,00 feet to the most northerly corner of said Parcel "A", the point of beginning. EXCEPTING THEREFROM all of the above which lies within that easement described in the instrument to Contra Costa County recorded March 13, 1978 in Book 8744 at page 93 of Official Records of said County. Containing an area of 711 square feet of land, more or less. PARCEL, 10: (R/W 1371T), A Temporary Construction Easement to Expire 10-31-88 A portion of Lot 14 as said Lot is shown on the map entitled "Map of Bradley . Tract" filed September 15, 1941 in Book 25 of Maps at page 845, records of Contra Costa County, California, described as follows: Commencing at the most northerly corner of said Parcel (56 PM 44); thence along the easterly line of said Parcel "A" south 19 31' 00" east 15.00 feet to the Point of Beginning of the following described parcel ; thence from said Point of Beginning leaving said line, north 30 52' 22" east 125.00 feet to the easterly line of said Lot 14 (25 M 845); thence along sa td line south 19° 31' 00" east 49.27 feet; thence leaving said line, south 30 52' 22" west 43.44 feet to a point on the northwesterly line of Bradley Avenue as shown on said "Map of Bradley Tract" (25 M 845) from which a radial line of a &urve concave to the southeast having a radius of 447.75 feet bears south 38 49' 39" east; thence along said northwesterly line ang curve; southwesterly along the arc of said curve, through a central angle 3 45' 21", a distance of 29.35 feet to a point of reverse curve from which a radial line of a curve concave to the northwest having a radius of 35.00 feet bears north 42 27' 0011 west; the%ce southwesterly along the arc of said curve, through a central angle of 31 00' 3011, a distance of 18.94 feet to a point of reverse curve from which a radial line of a Fyrve concave to the southeast having a radius of 35.00 feet bears south 11 26' 30" east; thsnce southwesterly along the arc of said curve, through a central angle of 28 04' 4311, a distance of 17.15 feet to the west line of said Lot 14 (25 M 845); thence along said line, north 190 31' 00" west 12.00 feet to the Point of Beginning. EXCEPTING THEREFROM all of the above which lies within that easement described to Contra Costa County in the instrument recorded March 13, 1978 in Book 8744 at page 93 of Official Records of said County. Containing an area of 1440 square feet of land, more or less. PARCEL 11: (R/W 1372), A Permanent Easement Portions of that parcel of land deeded to Schakat Horst and Auschill Horst and recorded December 27, 1985 in Volume 12680 of Official Records at page 352. Commencing at the southeasterly line of the Southern Pacific Railroad right-of-way at the most northeasterly corner of the parcel of land described Page 4 of 9 in deed to the City of Walnut Creek recorded January 19, 1972 in Book 6567 at page 572 of Official Records of said Count; thence along the southeasterly line of said parcel (6567 OR 572) South 25 36' 22" West 49.54 feet to the Point of Beginning of the following described parcel ; thence from said Point of Beginning continuing along said southeasterly line (6567 OR 572) South 25° 36' 22" West 32.21 feet to a point on a curve concave to the aouth having a radius of 1000.00 feet from which a radial line bears South 16 06' 06" East; t ence easterly along the arc of said curve, through a central angle of 00 51' 34119 a distance of 15.00 feet; thence non-tangent to said curve North 010 11' 46" West 25.00 feet to the Point of Beginning. Bearings used in the above description are based on the California Coordinate System, Zone III . PARCEL 12: (R/W 1372T), A Temporary Construction Easement to Expire 10-31-88 Portions of that parcel of land deeded to Schakat Horst and Auschill Horst and recorded December 27, 1985 in Volume 12680 of Official Records at page 352. Beginning at the southeast corner of Prcel One described above; thence along the boundary thereof, North 01 11' 46" West 25.00 feet, to the southeasterly line of City of Walnut Creek parcel (6581 OR 572) described above; thence along said southeasterly line North 25 36' 22" East 27.79 fest; thence East 12.50 feet; thence SouSh 63� East 12.00 feet; thence South 54 45' East 35.50 feet; thence South 72 East 17 feet, more or less,� to the north line of Mount Diablo Boulevard (also known as Walker Avenue); thence along said north line, in a general westerly direction 82 feet, more or less, to the point of beginning. PARCEL 13: A Temporary Construction Easement to Expire 10-31-88 A portion of that parcel of land deeded to Paige Properties and recorded May 16, 1979 in Volume 9355 of Official Records at page 138. Beginning at a point on the south line of Common Area Lot 1 of Tract 5819 recorded February 9, 1981 in Map Book 249 at page 1. (Said point bears North 68° 59' 37" East 14.5 feet from the sputhwest corner of said Lot 1.) Thgnce along the boundary thereof, So%th 68v 59' 37" West 14.5 feet, North 10 04' 38" West 80.74 feet, North 08 19' 38" West 51.60 feet, and North 68° 59' g7" East 4.02 feet; thence South 1?b° 57' 39" East 25.5 feet; thence South 09 East 51.5 feet; thence South 12 10' East 35 feet; thence in a straight line, Southeasterly 21 feet, more or less, to the point of begin- ning. PARCEL 14: A Temporary Construction Easement to Expire 10-31-88 Portion of Lot 1, as said lot is shown on the map of Subdivision 5819, filed February 9, 1981 in Book 249 of Maps, page 1, in the Office of the Recorder of Contra Costa County, described in the following sub-parcels: SUB-PARCEL "A" A strip of land five feet in width, the centerline of which is described as follows: Commencing at the southwest corner of said Lot 1; thence from said point of . commencement north 680 59' 37" east alogg the southern line of said Lot 1, a distance of 23.28 feet; thence north 21 00' 23" west, 2.50 feet to the True Point of Beginning of the herein described centerline;. thence from said True Point of Beginning along a line which is parallel with and 2.50 feet northerly, measured at right angles from the soutVrn line of said Lot 1, north 68 59' 37°" east, 54.86 feet; thence north 23 59' 37" east 14.39 feet; thence north 69 15' 37" east, 128.18 feet tg a point herein after referred to as Point "A"; thence continuing north 69 15' 37" east 26.29 feet to a point on the eastern boundary of said Lot 1, distant thereon north 23° 51' 58" west, 11.97 feet from the southeast corner of said Lot 1. Page 5 of 9 l SUB-PARCEL "B" A strip of land five feet in width, the centerline of which is described as follows: Beginning at Point "A" as referenced in the hereinabove described Sub-Parcel "A"; thence from said point of beginning south 20 44' 23" Last 12.08 feet to the southern line of said Lot 1, distant thereon south 68 59' 37" west, 26.94 feet from the southeast corner of said Lot 1. Said easement is for the purposes of constructing, laying, maintaining, and operating a sewer pipeline and electrical transmission lines therein and thereupon, and appurtenances and appliances together with the reasonable right of access to such easement for said purposes over the remaining lands of the grantor. PARCEL 15: A Permanent Sewer Easement Portion of Lot 1, as said lot is shown on the Map of Subdivision 5819, a map of which was filed February 9, 1981 in Book 249 of Maps; page 1, in the Office of the Recorder of Contra Costa County, described as follows: Beginning at the southwest corner of said Lot 1; thenSe from said point of beginning along the west line of said Lot 1, north 10 04' 38" west, 63.64 feet; thence leaving said west line, north 79 55' 22" east, 5.00 feet; thence southeasterly along the arc of a curve concave to the northeast, having % radius of 75.84 feet, the center of whicf from said point` bears north 79 55' 22" east, through a central angle of 33 22' 38" an arc distance of 44.18 feet; thence easterly along the arc of a curve concave to the southeast having a radius of 82.80 feet, the center of which from said point bears south 37 49' 19" east, through a central angle of 160 48' 56" an arc distance of 24.30 feet to a point on the northern line of the existing 10 feet in width ewer easement dedicated on said map of Subdivision 5819; thence south 21 00' 23" east, 10.00 feet to a point on the south line of said existing 10 feet wide sewer easement; thence leaving said south line, southwesterly along the arc of a curve concave to the southeast having a radius of 72.80 feet the center of which from said point bears south 21 00' 23" east, through a central angle of 17° 36' 35" an arc distance of 22.38 feet; thence south 21 00' 23" east, 8.34 feet to a point on the %outh line of said Lot 1; thence along said south line of Lot 1, south 68 59' 37" west, 23.28 feet to the point of beginning. Excepting therefrom; that portion of the above described parcel which lies within Unit 5 of said Subdivision 5819. PARCEL 16: Permanent Sewer Easement Portions of the 0.8566 acre and 16.047 acre parcels of land delineated on the Record of Survey map filed February 5, 1968 in Book 50 of Licensed Surveyors Maps, pages 39 through 44, in the Office of the Recorder of Contra Costa County, described in the following parcels: SUB-PARCEL "A" A strip of land 10 feet in width, the centerline of which is described as follows: Commencing at an angle point in the eastern boundary of the above referenced 16.047 acre parcel of land, said angle point being the Western terminus of the course in said eastern boundary delineated as " S88 02' 28"E - 170.26 (feet) " on said map (50 L.S.M. 39); thence from said point of commencement north 34° 38' 50" west along the line delineated on said map as centerline of creek, 54.56 feet to its intersection with the centerline of the 10 feet in width easement described in the Grant of Easement to Central Contra Costa Sanitary District, recorded May 23, 1962, in Book 4125 of Official Records page 144; thence along said easement centerline (4125 O.R. 144), north 50 09' 54" east, 52.32 feet to an angle point thereon, said point being the true point of beginning of the herein described centerline, thence from said true point of beginning continuing north ' 500 09' 54" east, 129.59 feet; thence southeasterly along the arc of a nontangent curve, concave to the southwest having a radius of 205.00 feet, the center of which' from said point bears south 16 09' 50" west, through a central angle of 300 14' 27119 Page 6 of 9 an arc distance of 108.20 feet; thence tangent to said curve south 43° 35' 43" east, 173.19 feet; .thence southeasterly along the arc of a tangent curve concave to the southwest, having a radius of 205.00 feet, through a central angle of 8° 19' 56" , an arc distance of 29.81 feet to a point hereinafter referred to as Point "A"; thence continuing southeasterly along said 205.00 feet radius curve, through a central angle of 8 19' 56" an arc distance of 29.81 feet; thence southeasterly along the arc of a compound curve concays to the west, having a radius of 46.00 feet, through a central angle of 26 29' 51", an arc distance of 21.27 feet to a point on the centerline of the 5.00 feet in width easement described in the deed to Central Contra Costa Sanitary District, recorded August 9, 1962 in Book 4178 of Official Records, page 153, said point bears north 0° 26' 00" west, 11.74 feet along the centerline of said 5 feet in width easement (4178 O.R. 153) from its intersection with the northwestern boundary of the parcel of land described as Parcel One in the deed to OGO, Inc. , a California Corporation, recorded November 29, 1972 in Book 6808 of Official Records, page 123. SUB-PARCEL "B" A strip of land 10 feet in width, the centerline of which is described as follows: Beginning at Point "A" as referenced in the hereinabove described Sub-Parcel A; thence from said point of beginning northeasterly along the arc of a curve concave to the northwest, having a radius of 157.00 feet, the center of which from said point bears north 30° 51' 44" west, through a central angle of 250 41' 04" an arc distance of 70.38 feet to a point on the northeast line of the above referenced 0.8566 acre parcel of land (50 L.S.M. 39) , distant thereon south 56 32' 48" east 1.69 feet from the most northern corner of said 0.8566 acre parcel ; thence continuing northeasterly along the arc of said curve having a radius of 157.00 feet, an arc distance of 38.74 feet into the parcel of land delineated as "STATE OF CALIF., 1966 O.R. 310" on the above referenced survey map (50 L.S.M. 39). Excepting therefrom: That portion of Sub-Parcel B which lies within said State of Calif, parcel (1966 O.R. 310). PARCEL 17: A Temporary Construction Easement to Expire 10-31-88 A portion of that parcel of land deeded to MWB Limited 01 and recorded March 29, 1984 in Volume 11717 of Official Records at page 704. Beginning on the northwest line of said parcel at a point that bears South 43 26' 30" West 2 feet from the north corner thereof; thence along the boundary of said parcel , North 43 26' 30" East 2 feet, South 350 39' East 100 feet, and South 28 23' East 68 feet; thence in a straight line, North- westerly 168 feet, more or less, to the point of beginning. PARCEL 18: (R/W 1439) , A Temporary Construction Easement 10-31-88 A portion of that 4.10 acre parcel of land deeded to Cliff Lane Associates and recorded June 30, 1978 in Volume 8903 at page 452, Official Records of Contra Costa County. Beginning at the most southerly corner of saig Cliff Lane Associates parcel ; thgnce along the boundary thereof, North 39 30' 00" West 569 feet, North 36 56' 05" East 170.66 feet, snd South 53 06' 55" East 370 feet; thence leaving said boundary, South 36 56' 05" West 210 feet and South 53 06' 55" East 248 feet, more or less, to the southeasterly line of said Cliff Lane Associates parcel ; thence along said southeasterly line, South 65 19' 30" West 173 feet, more or less, to the point of beginning. Containing 2.66 acres. PARCEL 19: A Temporary Construction Easement to Expire 10-31-88 A portion of the Common Area and portions of the patio areas of Units 40, 41, and 42 of Condominium Subdivision 3045 filed June 20, 1962 in Map Book 87 at page 41. Beginning on the southeast line of Subdivision 3045 at a point that bears South 44 02' 50" West 2.5 feet from the east corner thereof; thence along Page 7of9 the boundary of Subdivision 3045, North 440 02' 50" East 2.5 feet and North 320 34' 10" West 111 feet; thence South 300 45' East 97 feet; thence in a straight line, Southeasterly 14.5 feet, more or less , to the point of beginning. PARCEL 20: A Permanent Sewer Easement Portion of Lot 4, in Block 9, as said Lot and Block are shown on the map entitled "Map No. 2 of Walnut Heights" filed in the Office of the Recorder of Contra Costa County on December 29, 1913, in Book 10 of Maps, page 245, described as follows: A strip of land 10 feet in width, the centerline of which is described as follows: Beginning on the southern line of the parcel of land .described in the deed to the City of Walnut Creek, recorded May 12 1980 in Book 9848 of Official Records, page 651, distant thereon south 786 21' 30" east 20.78 feet from the intersection of said southern line with the eastern line of the parcel of land described as Parcel One in the deed to Southern Pacific Transportation Company, recorded June 11, 1976 in Book 7899 oS Official Records, page 208; thence from saiod point of beginning south 01 39' 58" west, 111.39 feet; thence south 07 34' 03" west, 56.50 feet to a point on the eastern line of said Southern Pacific Parcel One (7899 O.R. 208) distant thereon southerly along the arc of a curve concave to the west, having a radius of 915 feet, an arc distance of 178.47 feet from the northeast corner of said Southern Pacific Parcel One (7899 O.R. 208); thence continuing south 07° 34' 03" west, 139.45 feet; thence southerly along the arc of a tangent curve conca8e to the east, having a radius of 120 feet, through a central angle of 8 38' 3911 , an arc distance of 18.10 feet to a point on the eastern line of said Southern Pacific Parcel One (7899 O.R. 208), distant thereon northerly along the arc of a curve concave to the west, having a radius of 915 feet, an arc distance of 12.13 feet from the most southern corner of said Southern Pacific Parcel One (7899 O.R. 208); thence continuing southerly along the arc of said curve having a radius of 120 feet the center of which Brom said point bears north 88 55' 24" east, through a central angle of 12 37' 08" an arc distance of 26.43 feet to a point on the centerline of the 5 feet in width sewer easement described as Parcel One in the deed to Central Contra Costa Sanitary District recorded September 29, 1949 in Book 441 of Official Records, page 360; thence along said centerline, south 13 41' 44" west, 5.00 feet to the southern terminus of the herein described 10 feet in width strip of land. The northern terminus of said 10 feet in width strip of land to be on the south line of the above referenced City of Walnut Creek parcel (9848 O.R. 651) and the southern terminus of sail 10 feet in width strip of land to be on a line having a bearing of south 76 18' 16" west. PARCEL 21: A Temporary Construction Easement to Expire 10-31-88 Portions of that parcel of land deeded to Kaiser Foundation Hospitals and recorded December 27, 1982 in Volume 11061 of Official Records at page 224. SUB-PARCEL A: Beginning on the south line of East Newell Avenue at the northwest corner of- said Kaiser Foundation Hospital 's parcel ; thence along the north line of said parcel South 78 21' 30" East 11 feet; thence South 06 West 42.5 feet, more or less, to the west line of said parcel ; thence along said west line (being the arc of a non-tangent curve concave to the west with a radius of 915 feet), Northerly 44.5 feet, more or less, to the point of beginning. SUB-PARCEL B: Commencing at the southwest corner of said Kaiser Foundation Hospitals parcel ; thence along the west line thereof, North 140 27' West 171.87 feet and North 14 46' West 177.84 feet, to the point of beginning. Thence from said point of beginning, South 14° 46' East 34.5 feet, North 050 30' East 26.5 feet, and North 01 West 69 feet, more or less, to the west line of said parcel.; thence along said west line (being the arc of a non-tan- gent curve concave to the west with a radius of 915 feet), Southerly 63 feet, more or less, to the point of beginning. Page 8of9 SUB-PARCEL C: Beginning at the south corner gf Parcel One described above; thence along the east line thereof, North 06 East 42.5 feet, more or less , to the north line of Kaiser Foundation Hospital 's parcel (11061 OR 224); thence along said north line, South 78 21' 30" East 61 feet, to a point on the arc of a non-tangent curve concave to the south with a radius of 30 feet (a radial to said point bears North 11° West); thence alon j said arc, Southwesterly 12.04 feet; thence tangent to said curve, South 56 West 33 feet, to a point on the arc of a tangent curve concave to the northwest with a ' radius of 105 feet; thence along said arc, Southwesterly 29 feet, more or less, to the west line of said Kaiser Foundation Hospital 's parcel ; thence along said west line (being the arc of a non-tangent curve concave to the west with a radius of 915 feet), Northerly 7.5 feet, more or less, to the point of beginning. PARCEL 22: A Permanent Sewer Easement Portion of the "common area" of Subdivision 3045, a map of which was filed on June 20, 1962 in Book 87 of Maps, page 41,. described as follows: A strip of land 10 feet in width, the southeast line of which is described as follows: Beginning at the most southern corner of said Subdivision 3045, being a point on the northeast line of Creekside Drive; thence from said point of beginning north 44 02' 50" east along the southeast boundary of said Subdivision 3045, a distance of 300.00 feet. PARCEL 23: A Temporary Construction Easement to Expire 10-31-88 A portion of that parcel of land deeded to Walnut Creek Properties and recorded August 7, 1974 in Volume 7292 of Official Records at page 123. Beginning on the south line of said parcel at a point that bears South 65° 14' 47" West 5.5 feet from the southeast corner thereof; thence along the boundary of sa bd Walnut Creek Properties parcel , North 650 14' 47" East 5.5 feet, North 09 29' Weit 368.25 feet to a point hereinafter referred to as "Point A" , and North g7 38' 16" West 125 feet; thence South 10 45' West 14 feet; thence South 06 East 68 feet; thence in a straight line, Southerly 45 feet, more or less, to a point 8 feet westerly (right angle measurement) from "Point A"; thence in a straight line, Southerly 191.5 feet, to a point 12 feet westerly (right angle measurement) from the easterly line of said Walnut Creek Properties parcel ; thence South 09 29' East 100 feet; thence in a straight line, Southerly 78.5 feet, more or less, to the point of beginning. PARCEL 24: A Temporary Construction Easement to Expire 10-31-88 Portions of those parcels of land deeded to Acalanes Union Nigh School and recorded March 11, 1949 as PARCEL ONE and PARCEL TWO in Volume 1361 of Official Records at page 434. Commencing at the southeast corner of PARCEL ONE; thence along the east line thereof, North 33° 13' West 217.84 feet and North 30 49' West 14 feet, to the true point of beginning (hereinafter referred to as "Point A"). Thence continuing along said east line, North 300 49' West 123 feet to a point (hereinafter referred to as "Point B") and North 300 49' West 62.53 feet, to the souSheast corner of PARCEL TWO; thence along the east line thereof, North 28 36' West 46 feet; thence in a straight line, Southeasterly 108 feet, more or less, to a point lying southwesterly 5 feet (right angle measurement) from "Point B" ; thence in a straight line, Southeasterly 123.5 feet, more or less, to "Point A". DESC.SRCON to Page 9 of 9