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HomeMy WebLinkAboutMINUTES - 09192000 - C3 THE BOARD OF SUPERVISORS V - CONTRA COSTA COUNTY, CALIFORNIA • Adopted this Resolution on September 19, 2000, by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER RESOLUTION NO. 20001 446 (Gov't Code § 25363) SUBJECT: Resolution of Intention to Sell County Surplus Real Property and Determine that the project is a Class 12 Categorical Exemption. Vacant Commercial Land on Evora Road opposite Pomo Street. Project No. 4660-6X4146 CDD-CP#00-12 Bay Point Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of vacant land, acquired for highway purposes, described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real Property Division is DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior to said sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets November 9, 2000, at 11:00 a.m., at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. The Board hereby FINDS that the project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines, and DIRECTS the Director of Community Development to file a notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for a payment of a $25.00 handling fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the notice of Exemption. This activity has been found to conform to the General Plan of the County. RDB:eh I hereby certify that this is a true and correct \GrpData\RealProp\2040-Files\BOs&RES\BR5EvoraRoad.doc copy of an action taken and entered on the ©rig. Dept.: Public Works(RP) minutes of the Board of Supervisors on the Contact: Ron Babst,Tel. (925)313-2226 date shown. cc: P/W Accounting County Administrator ATTESTED:SEPTEMBER 19_L 2000 Assessor PHIL BATCHELOR,Clerk of the Board of Auditor-Controller Supervisors and County Admini trator Community Development Dept Engineering Services-Environmental By �`)' � �" Deputy RESOLUTION NO. 2000/446 NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 25363) The County Real Property Division will sell at public auction to the highest responsible bidder, the vacant commercial lot hereinafter described: Assessor's Parcel No. 098-230-050, located on the southside of Evora Road, west of Willow Pass Road opposite Pomo Street on the northside of Highway 4. The auction will be held at 255 Glacier Drive, Martinez, California, on November 9, 2000, at 11:00 a.m. Minimum Bid: $200,000. Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier Drive, Martinez, California 94553, or may be requested by phone to be mailed by calling (925) 313-2220. The County reserves the right to reject any and all bids received. The parcel will be sold as is and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. By Order of the Board of Supervisors of Contra Costa County Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By iS eputy Clerk RESOLUTION NO. 2000/446 rv1 CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT #4660-6X4146 CP# 00-12 PROJECT NAME: Evora Road — Sale of Excess Property Opposite of Pomo Street PREPARED BY: Trina Torres DATE: January 26, 2000 APPROVED BY: DATE: c � �G RECOMMENDATIONS: (X) Categorical Exemption (Class 12) ( ) Negative Declaration ( ) Environmental Impact Report Required ( ) Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: The project is surplus government property which is not in an area of statewide, regional, or area wide concern as identified in Section 15206 (b)(4). What changes to the project would mitigate the identified impacts N/A USGS Quad Sheet Honker Bay Base Map Sheet #E-17 Parcel # portions of parcels 098-230-031, 098-230-040, 098-230-046, and 098-230-047 GENERAL CONSIDERATIONS: 1. Location: The project is located on Evora Road, directly across (south) from Pomo Street in the Central County area, in the unincorporated area of Bay Point. (f=igures 1 — 3). 2. Project Description: The project consists of the sale of a 1.87-acre parcel of surplus property on Evora Road, directly across (south) from Pomo Street. The land was originally acquired as part of the State Highway 4/Willow Pass Grade Widening and Lowering project. After the project was completed, the 1.87- acre site of assembled land remnants was deemed excess. 3. Does it appear that any feature of the project will generate significant public concern? [] yes [X] no [] maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [ ] yes [X] no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? Pittsburg At GAGrpData\EngSvc\ENVIR0\2000 projects\ CEQAonly\Cat.Ex\Evora Rd.Saie.doc c� FIN" ��!��SRR �► �f1G�il����^'�1�� :;>..,,*,�;r "'r,`�',, r► y�r�1�;�'r�wl akNWdwar* �� r,6 FIVINIVIL AY [.ilk:, dWWW� xitcaf. P w jmwm WQ 3 Rik an VIP60 Ah I 4A ��"IZMIRPV Or 4 ri `,o U' OR ilii Mll MAIFri IN r 16A ' { TIZ Cts t jdei: , xg'.�_ � .. ^�;.;' �.+zsw++r- -. `` ' �-,: ,,,�, . � �' �►� iii • , Iffli dinlbdLLR lli � #l�IR�F ,._ *!!!Ml� 11'►�'��1tl? �l�lt!A�!R���! '" : �i�ii <. ����it�����il�i�ij�����i1�i1�i�;�' ��C►r..��i�,'��,.f µ� � '�y�. ,,� ,;�,Q�!!!!1��1h���!�IL4!l1�l��lMll�I�i�h� ��'�'"'lt,4ry"i' �j �► '�' �� „`'+� !� idkdwkgfiiit�lii�ik�lN i #��,�.�nl�iiiii�WY�Eii��iii�l�,lliiiii#� �► ��.•.� fit'���r�!#1 �,���►� .�' ?�., �iIlii� �lii�► " 471 whir#��11�4 �M��1� 1�11�?!l1l�llI�1ME; 4R` �►� ► R���,��1iit�iiii�iihlit�i(i11� i�iiYil�iWi�if"iika �r;�`-�-�w-+'� :�?:`�' `�►'�+�``".`�,. t• �:+��!!M�l�!l��1�4�1!!��!!i. �' i�•J`�■iiL■l■���1�i► �.�L. �rti - ��` �iINWIN YiMilliiii�ii�l�iiili�,. 1�'_!N IN 11 P. &k E w �Z�► sem"! ���,:�•��a��; "r.±����lh3�1��!�,1��!11 ��� �. �� ��,,.:,���A►��''*, �'Y.`*+`Cts''. 70���: ._ --_=J.�ja�.. , �;��+I ► `�, ► � ►� r* TA 1 � 1 w l � z o � �t of l 1 » -r to V' w� CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Seligren - Public Works Dept. Project Description, Common Name (if any) and Location: Evora Road-Sale of Excess Property, Opposite of Pomo Street, County File #CP 00-12. Project Description: The project consists of the safe of a 1.87-acre parcel of surplus property on Evora Road, directly across (south) from Pomo Street. The land was originally acquired as part of the State Highway 4millow Pass Grade Widening and Lowering project. After the project was completed, the 1.87-acre site of assembled land remnants was deemed excess. (Figures 1-3) This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section�. Declared Emergency (Sec. 15269(x)) — General Rule of Applicability(Section 15061(b)(3) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class 12 for the following reason(s): The project is surplus government property which is not in an area of statewide, regional, or area wide concern as identified in Section 15206 (b)(4). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the fling date. Signature - Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\CEQAonly\ NOE\Evora Rd.acreage-Sale.doc Af N D9 SPurcha Al � :U. rn Thtr d , N 2040 T Ct11.E : 1 :Q A M nt 3 onf rence gloom M rtirt A 94: 553999 P TY . CAT1t C : © tl i€e f c ra Road �e�t cif Willow pay Rc c�pprit69 Porno ref atn the ncrtlieo � plwl T ' INFORMATION l�llAT'IC IBJ 1 tares, vacant u feraI Planmarcla[ ening: ot"narc ! uti l i *s: Water, seer, , end lectri t available. Tees: 1t presentl}� teed;Wlll ratlarn to tai rally a�e�gel . 9 D MINIMUM-13 00 l �tr � a ::Ch e3P ' lC � �ef� 7 �3 , a bier' the f car rr�oney t9:d99999 er �n� personal PTIC) l PEI I# : 3 dais after acceptance �e bid b� the snra cstan� Burduer�rlar . TlTAUITY PIBL( X35 CpRRTlll:l `l" L � C�PERTY C�I�IION 28LA Il I99 RVlw, lVIATiP41 53 �r aid ti n l i t#`� rttatir n, coli cs Bats t +ento i ea } rc�p rty at i261vt.rtd t ugh Thursday k�etl+vees"►79 0 a.m. �rt�� �k p. . 3 1 r :�f,ePL'�i�4E� t#�t�r�S�2�43�3�iteaif3�3�1RuCt's€snf+I�dt�Ps�r�v�mbert3.�it5C s...aa..ar t?APfFNY GCX� ..'" " ,,,, • i r V + tri - � F rrt+w Oro + c `r Y � � P�cir y, � y► a it y� �sy r1 � ii! iy M 1 � � � ar.�emir. � �� ,► w a e "++ ,r � A +.ro.eoic arc trwruwc tr + 4 r $ ♦ '' ar v u • + r/// t r Hca P 'a o a••o+r cxnrt w �, � I r r le'h it � o flit ItE EVp `'`�......---....�....... ROAD r y i _ i ro 0 j a f f \ c cd NJ i � ueaz m ti�a rA 1 f l I a at WASE .0 t ! ^n t I bb 49 7 ^ I vi I z• I I 1 I o i t ORAL BIDDING In order to participate in the bidding procedure a CASHIER'S CHECK, CERTIFIED CHECK,OR MONEY ORDER, in the amount of$20,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the$200,000 set bid and continue thereafter until the highest oral bid is finally accepted. At the close of bidding, the highest bidder will be required to execute an "Option to Purchase Agreement"and to leave with the auctioneer their $20,000 non-refundable deposit in the form of a CASHIER'S CHECK, CERTIFIED CHI=CK OR MONEY ORDER. BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The County reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the County, or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in completion of the sale, the County may, at its discretion, offer the Option to the second highest bidder. If the second highest bidder accepts the offer, the deposit requirement and terms of Option,to Purchase shall be the same as stated in this notice of sale, except that the Option period shall commence upon acceptance by the Hoard of Supervisors. CLOSING TRANSACTION Successful bidder will have the Option period of 60 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE, attached hereto. In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that part or portion of this agreement so conflicting shall be amended to conform with any applicable legal requirements at the time. All County employees may bid to acquire surplus County property, except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. G:\GrpOata\Real Prop\2000-Files\00-8\Ora[BiddingEvora Road.doc 8!3!00 ................................ NOTICE TO BIDDERS The sale property is an oblong shaped parcel containing approximately 1.87 acres. The parcel was assembled from the remaining land acquired in connection with the improvements and realignment of Willow Pass Road interchange to Highway 4. The site contains no trees or structures. All public utilities are available along Evora Road. The subject property has a General Plan designation of Commercial with a Zoning designation of General Commercial. The parcel is located in the Bay Point area of Contra Costa County. Maureen Toms of the County should be contacted at (925) 335-1250 for questions related to planning. The County is selling the property "Where is, as is", and it is the responsibility of the prospective bidders to satisfy himself/herself as to any risk associated with the property, now or in the future. ROB:eh G.iGrpOataiReal Propt2088-Pilest00-SiNoticetoBiddersi.doe 818180 .............................._.........._.......-._................-.................-.....-..-.....-..-.. ..-....--.....-.--..........--..-.... ..-...-..- .............- --- ....--.-...-.........-.............-.................-..-.............-.....-......... ............................................................................................................................................................................................................................................................................................................................ ............................................................. .. ...._.. OPTION AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY, a political subdivision of the 'State of California ("County") is the owner of certain real property described in Exhibit °A" attached hereto and made a part hereof, hereinafter referred to as the "Property." b. County proposes to sell the Property. C. ("Optionee") desires to acquire the exclusive right to purchase the Property at an agreed price and under the speck terms and conditions below. 2. Effective date. The effective date of this Option shall be the date that this Option is approved by the Contra Costa County Board of Supervisors ("Effective Date"). 3. Grant of Option. County grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The term of this Option shall commence on the Effective Date and shall expire or terminate on the earliest of the following dates: a. Option Term. Sixty (60) days following the Effective Date, unless during said sixty- day period County agrees in writing to extend the Option Period. b. ExtensrQn of Option Period. County, in its sole discretion, shall have the right, but not the obligation, to extend the term of the Option Term, under such terms and conditions as County believes is reasonable, if County, in its sole discretion, believes such extension is warranted. No such extension shall be effective unless and until it is in writing signed by both parties. C. Breach. immediately upon a breach or default by Optioneeunder this Option Agreement. d. Purchase. The date that the Optionee acquires the entirety of the Property. 5. Consideration for Option a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay County the sum of Twenty Thousand Dollars ($20,000.00) upon the terms and conditions outlined herein, said amount to be credited to the Purchase 1 Price of the Property ("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board of Supervisors. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. b. Retention of Option Consideration. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of County shall belong to County and be retained by County, whether or not Opticnee ultimately exercises its right to purchase the Property. County shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at County's option the sale may be consummated through an escrow at a title company to be selected by County ("Title Company"). In such case, Optionee hereby authorizes County to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing Date"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price ("Purchase Price") for the Property during the Option Term is the sum of Dollars ($ ). All Option Consideration paid by Optionee shall be credited to the Purchase Price of the Property. The Purchase Price shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. C. Title; Grant Deed. The right, title and interest in the Property to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. If the Optionee exercises its option, the Property shall be conveyed to Optionee subject to all title exceptions, restrictions, easements, liens and reservations, whether or not of record. The sale under this Option is subject to the approval of the Contra Costa County Board of Supervisors. The Optionee may not take possession of the Property until a deed from the Contra Costa County has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors, the County shall convey title to the Property to the Optionee by Grant Deed. It is understood that Optionee acquires no right, title, interest or equity in or to said property until a grant deed to Optionee is recorded. 7. Exercise. From and after the Effective Date, this Option may be exercised by Optionee's delivering to County before the expiration of the Option Term, written notice of the exercise ("Exercise Notice") and payment of the Purchase Price to the County. z ......... .._.._.__ ... ... ......... ....... ........ _.... ............................................................................................................................................................................................................................................................................................................................ 8. Condition of the Property. Neither County, nor its agents or employees have made any warranty, guarantee or representation concerning any matter or thing affecting or relating to the Property nor does it assume any responsibility for the conformance to codes or permit regulations of the city or County within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition. County has not made and does not make any representation as to the physical condition of the Property. 9. Light of Entry. During the term of this Option and prior to the Closing Date, Optionee, its agents, contractors and employees, shall have the right to enter the Property at all reasonable times for the purpose of performing reasonable tests, engineering studies, surveys, soil and environmental tests and other tests, surveys, studies, and investigations of the Property as Optionee determines necessary or desirable. Optionee will defend, indemnify and hold County harmless from any claim, loss or liability in connection with any entry by Optionee, its contractors, agents and employees and Optionee will be solely responsible for all costs incurred in connection with these activities or Optionee's investigation of the Property. 10. Informalitles; Cancellation of Sale. County reserves the right to waive any informality or irregularity on any offer or cancel the sale at any time prior to recording of a deed. In the event of cancellation of sale by County, through no fault, action or inaction of Optionee, all monies deposited', shall be refunded without payment of interest. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3) business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. 3 _._ _.. b. The place for delivery of all notices given under this Agreement shall be as follows: County: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn. Ronald Babst Telephone: (925) 313-2226 Fax: (925) 313-2333 Optionee: (Name (Address) (Telephone) or to such other addresses as Optionee and County may respectively designate by written notice to the other. 12. Assignment, Successors and Third-Party Rights. This Option and all rights under this Agreement shall be freely assignable. This agreement shall be binding on and inure to the benefit of the parties, and their respective heirs, personal representatives, successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 13. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement, The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement 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 Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting parry shall not apply to the interpretation of this Agreement. 14. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 15. Governing Law. This Agreement shall be governed and construed in accordance with California Law. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 4 _.. ............................................................................................................................................................................................................................................................................................................................ 16. Severability. Should any term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions of this Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts, terms, portions or provisions can be construed in substance to constitute the Agreement that the parties intended to enter into in the first instance. 17. Indemnification. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold harmless County, its officers, agents, and employees, from any and all claims, costs and liability for any damages, sickness, death or injury to persons or property, including without limitation all consequential damages, from any cause whatsoever, including the sole or joint negligence of County, its agents, officers or employees, arising directly or indirectly from or connected with the repairs or any present or future condition of the Property or use of the Property which is the subject of this Agreement, or any representations, misrepresentations or non-representations regarding its condition or use, and will make good to and reimburse County for any expenditures, including reasonable attorneys' fees that County may make by reason of such matters and, if requested by County, will defend any such suits at the Optionee's sole expense. 18. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the close of escrow of the Property, shall be fully enforceable after the Closing Date in accordance with their terms and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 19. Negation of Optionee or Partnership. No provision of this Agreement shall be construed as making either party an agent or partner of the other party, 20. Time of Essence. Time is of the essence for the Option Agreement. If the Option is not exercised in the manner provided in Section 7 before the expiration of the applicable Option Term, Optionee shall have no interest in the Property and the Option may not be revived by any subsequent payment or further action by Optionee. 21. Waivers. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and Optionee. 5 23. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters set forth, and expressly supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting this matter. CONTRA COSTA COUNTY OPTIONEE By By Chair, Board of Supervisors ATTEST: Phil Batchelor, Authority By Administrator and Clerk of the Board of Supervisors By Deputy APPROVED AS TO FORM: By County Counsel NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A- Legal Description G:\GrpOata\RealProp\2000-Files\00-8\SA3November9.doc 8128/00 6 ..._.................................................................................................................................................... Excess Property Vicinity of Evora Road at Pomo Street ' 4 Drawing M-3095-99 Exhibit "A" PARCEL 1: (EEE TITLE Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the parcel of land described in the deedto Contra Costa County recorded December 22, 1992, in book 18139 of Official Records at page 957, and a portion of the parcel of land described in the deed to Contra Costa County recorded January 22, 1991, in book 16350 of Official Records at page 92. described as follows: Beginning at the southwest corner of said Contra Costa County parcel (18139 OR 957); thence from said Point of Beginning along the westerly line of said Contra Costa County parcel (18139 OR 957) north 0°17'20" west 17.87 feet to a point from which a radial line of a non-tangent curve, concave to the northwest, having a radius of 862.01 feet bears north 0°17'25" west; thence leaving said westerly line of said Contra Costa County parcel, northeasterly along the arc of said curve, through a central angle of 22°41'06" a distance of 341.29 feet; thence non-tangent to said curve, south 46°42'54" east 35.02 feet; thence north 68040'21" east 265.48 feet to a point, said point bears south 15°03'00" east 54.41 feet from a found Standard Street Monument stamped "CA DEPT. Trans. LS 6214 NL021," as said monument is shown on the Record of Survey Map "RS2168" fled March 19, 1996, in book 108 of LSM at page 32; thence northeasterly and easterly along the arc of a tangent curve, concave to the south, having a radius of 143.00 feet, through a central angle of 3900655" a distance of 97.58 feet to a point of compound curvature; thence southeasterly, southerly and southwesterly along the arc of said compound curve, concave to the west, having a radius of 30.00 feet, through a central angle of 123055'05" a distance of 64.88 feet; thence tangent to said curve, south 51°41'21" west 323.44 feet to a point, said point lies on the line labeled "Proposed Right of Way" as shown on the Record of Survey Map "RS2002" filed September 12, 1995, in book 107 of LSM at page 49; thence along said "Proposed Right of Way" line, south 87°50'51" west 47.74 feet; thence north 77°13'05" west 418.79 feet to the Point of Beginning. T Containing an area of 1.87 acres of land, more or less. RELINQUISHMENT OF ABUTTER'S RIGHTS: The Grantor hereby releases and relinquishes any and all abutter's rights of access along the following described line: Beginning at the said southwest corner of said Contra Costa County parcel (18139 OR 9571; thence from said point, south 77°13'05" east 418.79 feet; thence' north 87°50'51„ east 47.74 feet, thence north 51'41'21" east 323.44 feet; thence northeasterly, northerly and northwesterly along the arc of a tangent curve, concave to the west, having a radius of 30.00 feet, through a central angle of 123°55'05", a distance of 64.88 feet to a point of compound curvature; thence westerly and southwesterly along the arc of said compound curve, concave to the south, having a radius of 143.00 feet, through a central angle of 39°05"55", a distance of 97.58 feet to the terminus of said fine. Bearings and distances are based on the California Coordinate System of 1983 (CCS83) Zone Ill. Multiply distances shown by 1.0000669 to obtain ground distances. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor LA�o SUS Contra Costa County Public Works Cate: -- No. 5" JH:sd ' �► C1►LtE �� 11PW5itSHAROATA1GrpOata\Clerimi\EXHIBrrst1999tExcess Property Evora at Pomo.doc 10/13/99