HomeMy WebLinkAboutMINUTES - 08052008 - SD.8 (2) TO: BOARD OF SUPERVISORS °E-SEL ° Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR C o S to
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DATE: July 22, 2008 r
co - ��~ County
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SUBJECT: Condemnation of property for widening of State Koute 4 from Loveridge Road to Somersville
Road, Pittsburg area. (District V) Project No.: 4660-6X4184
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
OPEN the public hearing and ask if any notified property owners wish to be heard on the four items specified in
Section II below. CLOSE public hearing.
Following close of hearing, MAKE the findings and determinations required by Code of Civil Procedure section
1240.030 described in Section II below.
FIND that acquisition of the subject property under Streets and Highways Code Section 760 will promote the
interests of Contra Costa County (County) and that acquisition has been recommended in writing by State of
California, Department of Transportation(Caltrans).
i
ADOPT the attached Resolution of Necessity No. 2008/-%.fto acquire property by eminent domain.
CONTINUED ON ATTACHMENT: ❑O SIGNA E:
RECOMMENDATION OF COUNTY ADMINISTRATOR REC MENDATION O A COMMITTEE
APPROVE OTHER
le
SIGNATURE(S): 9M3�-n La�,
ACTION OF BOARD ON , APPROVED AS RE MMENDED &R
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND ENTERED
IL 'UNANIMOUS(ABSENT ) ON MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN: '
KAL:sr
Contact: Karen A.Laws(3-2228)
G:\RealProp\Board Orders\2008\07-22-08 BO-RON.doc ATTESTED
JOHN UJLLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc: County Administrator
Auditor-Controller(via R/P),
P.W.Accounting
County Counsel BN': p ,DEPUTY
State of California(via R/P)
SUBJECT: HEARING to confirm Contra Costa County Sanitation District No.6 Final Engineer's Report,and to
adopt Ordinance No. 17 authorizing the levy of annual assessments to be placed on the tax rolls for
Fiscal Year 2008/2009,Martinez area. (Sanitation District 6 Funds)(District II)Project No.: 7365-
6X9E30
DATE: August 5, 2008
PAGE: 2
RECOMMENDATION(S): (CON'T)
ADOPT Ordinance No. 17; and
DIRECT the Clerk of the Board to file certified copies of this Board Order, the Final Engineer's Report and
Ordinance 17 with the Auditor-Controller in accordance with the provision of Health&Safety Code Section 5473.4;
and
DIRECT the Clerk of the Board to publish Ordinance 17 pursuant to Section 3 of the Ordinance; and
DIRECT the Auditor-Controller to levy the annual sewer service charges on the tax roll for Fiscal Year 2008/2009.
FISCAL IMPACT:
There is no impact on the County General Fund. Sewer service in Contra Costa County Sanitation District No. 6 is
funded entirely by annual sewer service charges (100%).
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
On July 8,2008,the Board of Supervisors fixed August 5,2008 at 9:30 a.m.,in the Board Chambers,as the time and
place for a public hearing on the written report filed by the Public Works Director. All required hearing notices have
been given. This assessment continues the same rate that has been in-place since 2005/06.
The proposed annual sewer service charges are needed to fund and maintain sewer service within Contra Costa
County Sanitation District No. 6.
CONSEQUENCES OF NEGATIVE ACTION:
Without the Board of Supervisors' approval, the Contra Costa County Sanitation District No. 6 would have to
reduce or eliminate sewer service or raise the necessary revenue by other means.
SUBJECT: Condemnation of property for widening of State Route 4 from Loveridge Road to Somersville
Road, Pittsburg area. (District V) Project No.: 4660-6X4184
DATE: July 22, 2008
PAGE: 3 of 4
BACKGROUND AND REASONS FOR RECOMMENDATIONS: (con't)
By Cooperative Agreement dated August 1, 2006, the County agreed to consider adoption of a Resolution of
Necessity on behalf of Caltrans. The Cooperative Agreement requires Caltrans representatives to appear at the
resolution of necessity hearing and present the proposed resolutions to the Board. The Cooperative Agreement
requires the State and CCTA to use project funds to defend, indemnify, save, protect and hold harmless the
County from loss damage or liability resulting from the County's actions under the agreement. Caltrans has
represented to County staff that the following information is true and correct.
I. Notice.
Code of Civil Procedure section 1245.235 provides that the governing body of the public entity may
adopt a resolution of necessity only after each person whose property is to be acquired by eminent
domain and whose name and address appears on the last equalized County assessment roll has been
nity to appear and be heard on the matters referred to in Code of
given notice and a reasonable opportu
Civil Procedure Section 1240.030. Caltrans represents that on June 20 and 23 of 2008, Caltrans sent by
first-class mail the required notice of the Board's intent to adopt a resolution of necessity on July 22,
2008 at 9:30 a.m. in the Board of Supervisors' chambers and of their opportunity to appear and be heard
on the matters referred to in Code of Civil Procedure section 1240.030.
I1. Scope of Hearing Pursuant to Code of Civil Procedure Section 1240.030:-
A. Public interest and necessity require the proposed project.
State Route 4 is the only east-west transportation corridor in this area that provides direct access
from Pittsburg, Antioch, and Brentwood to the greater Bay Area to the west and a link between
Contra Costa County and San Joaquin County to the east. Traffic volume on the existing
roadway is beyond system capacity, due to development in East Contra Costa County. This has
resulted in severe congestion and increased travel times. Further increases in traffic volume will
result in gridlock, not only in the freeway system, but also in the alternative local street network
located near the congested freeway.
B. The project is plamled and located in the manner that will be most compatible with the greatest
Public good and the least private injury.
The project was designed to have as little impact as possible to the residential sites situated
mainly to the south of State Route 4. This required the balance of the acquisition to the
businesses to the north of State Route 4. No households will require relocation; however, there
will be temporary impacts for the length of the project.
C. The properties sought to be acquired are necessary for the project.
All of the properties that are the subject of this resolution of necessity are directly related to the
widening of State Route 4. PG&E electrical transmission poles and an underground gas line will
have to be relocated in the business parcels on the north of State Route 4. By design the
relocation of the utilities onto these parcels is required prior to the start of construction on the
project. This relocation is a requirement of the project.
SUBJECT: Condemnation of property for widening of State Route 4 from Loveridge Road to Somersville
Road, Pittsburg area. (District V) Project No.: 4660-6X4184
DATE: July 22, 2008
PAGE: 4 of 4
BACKGROUND AND REASONS FOR RECOMMENDATIONS: (con't)
D. The offer of compensation required by Section 7267.2 of the Government Code has been made
to the owner or owners of record.
Caltrans made offers of compensation required by Government Code Section 7267.2, based on
appraisals of fair market value prepared by or on behalf of Caltrans in accordance with standard
Caltrans practice, and approved by Caltrans' Deputy District Director, Right of Way,District 4.
CONSEQUENCE OF NEGATIVE ACTION:
The State of California will not be able to acquire the property rights necessary for the project.
Attachments
Exhibit A— Written recommendation of Caltrans under Streets and Highways Code Section 760
Exhibit B - Resolution of Necessity
Exhibit C —August 1, 2006 Cooperative Agreement among County, Caltrans and OCTA
•.❑ni n rit 1A 11U 8ND HOUSTNG AGENCY
ARN HWARZENEGG R ovemur
DEPARTMENT OF TRANSPORTATION '
DIVISION OF RJGHT OF WAY
1 11 GRAND AVENUE
P. O.BOX 23440, MS-11A o
OAKLAND,CA 94623.0440
PHONE (510)286-5400
FAX (510)286-5379 Exhibit "A"
Y (800 735-2929 Fl"ergye power!
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) Be energy egjcienl!
June 16, 2008
4-CC-4
EA 228592
From: The State of California, Department of Transportation, District 4, ,Oakland, CA
To: Contra Costa County Board.of Supervisors, 651 Pine Street, Martinez, CA 94553-1275
RE: HIGHWAY CONSTRUCTION PROJECT FOR THE WIDENING OF STATE ROUTE 4
FROM LOVERIDGE ROAD TO SOMERSVILLE ROAD IN THE CITY OF PITTSBURG
In accordance with Code of Civil Procedure Section 760 and Cooperative Agreement 44-
2055/CCTA 490.14.15 executed on August 1, 2006, the State of California through its
Department of Transportation hereby recommends to the Board of Supervisors for Contra Costa
County that it approve the adoption of the attached resolution of necessi ty to acquire the property
herein described as necessary for the planned widening of State Highway Four from Loveridge
Road to Somersville Road in the City of Pittsburg.
li .�
hR•A MA ER ON
Deputy District Director
State of California, Department of Transportation
District 4/Right of Way
'•Cahrons improves mobility across California"
CONTRA COSTA COUNTY BOARD OF SUPERVISORS' �p EXHIBIT "B"
1 RESOLUTION NO. -�
� r
3 CONTRA COSTA COUNTY BOARD OF SUPERVISORS
RESOLUTION OF NECESSITY
4 TO ACQUIRE CERTAIN REAL PROPERTY
OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN
5 HIGHWAY 04-CC-4-PM 39 . 1 to 40 . 2
6 The Board of Supervisors of Contra Costa County, California,
7 by vote of four-fifths or more of its members, RESOLVES that :
8 This resolution is adopted pursuant to Code of Civil Procedure
9 Section 1240 . 140 and Streets and Highway Code Section 760 . County
10 is adopting resolution to allow the State of California to
11 construct a road reconstruction project , a public improvement ,
12 consisting of the widening and improving of State Route 4 from
13 Loveridge Road to Somersville Road, reconstruction of the Loveridge
14 Road interchange and replacement of Century Boulevard overcrossing,
15 in the vicinity of the City of Pittsburg and, in connection
16 therewith, acquire interests in certain real property.
17 The property to be acquired consists of thirty-three (33 )
18 parcels from seven property owners and is generally located in the
19 Pittsburg area. The said properties are more particularly
20 described in Appendix "A" , attached hereto and incorporated herein
21 by this reference .
1)2 On June 20 , 2008 and June 23 , 2008 , notice of the County' s
23 intention to adopt a resolution of necessity for acquisition by
24 eminent domain of the real property described in Appendix "A" was
25 sent to persons whose names appear on the last equalized County
1
I Assessment Roll as owners of said property. The notice specified
2 July 22 , 2008 , at 9 :30 a.m. in the Board of Supervisors Chambers in
3 the Administration Building, 651 Pine Street, Martinez , California
4 as the time and place for the hearing hereon.
5 The hearing was held at that time and place and all
6 interested parties were given an opportunity to be heard and based
7 upon the evidence presented to it , this Board finds, determines and
8 hereby declares the following :
9 1. The public interest and necessity required the proposed
10 project ; and
11 2 . The proposed project is planned and located in the manner,
12 which will be most compatible with the greatest public good
13 and the least private injury; and
14. 3 . The property described herein is necessary for the proposed
15 project ; and
16 4 . The offer required by Section 7267 .2 of the Government Code
17 was made to the owner or owners of record.
18 5 . Insofar as any of the property described in this resolution
19 has heretofore been dedicated to a public use, the
20 acquisition and use of such property by the State for the
21 purposes identified herein is for a more necessary public
�2 use than the use to which the property has already been
23 appropriated or for a compatible public use . This
24 determination and finding is made and this resolution is
1 adopted pursuant to Code of Civil Procedures 1240 . 510 and
1240 . 610 .
3
4 Through the joint exercise of their power of eminent domain,
5 the County is adopting a resolution of necessity to allow the
6 State to acquire property in Contra Costa County for State highway
7 purposes . The County finds that the acquisition under Streets and
8 Highways Code section 760 will promote the interest of the County
9 and that the acquisition has been recommended in writing by the
10 Department of Transportation.
11
12 RESOLVED by this Board that the State of California Department
13 of Transportation is hereby authorized and empowered:
14 To acquire, in the State' s name, by condemnation, the titles,
15 easements and rights of way hereinafter described in and to said
16 real property or interest (s) therein in accordance with the
17 provisions for eminent domain in the Code of Civil Procedure and
18 the Constitution of the California:
19 Fee : 60087-1 , 60088-1, 60089-1 , 60093-1, 60093-3
20
21 Permanent Easement : 60087-3 , 60087-4 , 60087-5 , 60088- 3 , 60088-4,
22 60088-7 , 60089-4 , 60089-5 , 60089-7 , 60093-5, 60093-8 , 60093-9,
23 60093-11 , 60093-12 , 60093-16 , 60862-1 , 60130-3
24
25 Temporary Construction Easement : 60088-5, 60088-6 , 60089-6,
3
1 60093-6 , 60093-10 , 60093-13 , 60093-14 , 60093-15, 60912-1
2
3 To prepare and prosecute in the State' s name such proceedings
• s.<y
4 in the proper court as are necessary for such acquisition;
5 To deposit the probable amount of compensation, based on an
6 appraisal , and to apply to said court for an order permitting the
7 State to take immediate possession and use of said real property
8 for said public uses and purposes .
9
10 PASSED and ADOPTED onV by the following vote :
11 AYES : 4
� 1��• � 4
12 NOES :
13 ABSENT: w g •
14
15 I HEREBY CERTIFY that the foregoing resolution was duly and
16 regularly introduced, passed and adopted by the vote of four fifths
17 or more of the Board of Supervisors of Contra Costa County,
18 California, at a meeting of said Board of Directors on the date
19 indicated above .
20
1 hereby certify that this is a true and correct
21 copy of an action taken and entered on the
minutes of the Board of Supervisors on the
r date shown.
22 Date : J ATTESTED: aaa
JOHN CULLER ,Clerk of the Board
23 of pe isorsand ,ou IAdministrator
By Deputy
24
25
4
APPENDIX "A"
Land Descriptions for fee and/or easement from seven landowners in the City of Pittsburg,
Contra Costa County, State of California are attached hereto and labeled:
i
60087 (ALBERT SEENO CONSTRUCTION)
60087-1 (FEE TITLE)
60087-3 (MECHANICALLY STABILIZED EARTH WALL EASEMENT)
60087-4 (PG&E TRANSMISSION LINE EASEMENT)
60087-5 (PG&E TRANSMISSION LINE EASEMENT)
60088 (WINCO)
60088-1 (FEE TITLE)
60088-3 (PG&E TRANSMISSION LINE EASEMENT)
60088-4 (MECHANICALLY STABILIZED EARTH WALL EASEMENT)
60088-5 (TEMPORARY CONSTRUCTION EASEMENT)
60088-6 (TEMPORARY CONSTRUCTION EASEMENT)
60088-7 (PG&E GAS LINE EASEMENT)
60089 (DELAWARE NORTHPARK LLC)
60089-1 (FEE TITLE)
60089-4 (PG&E TRANSMISSION LINE EASEMENT)
60089-5 (PG&E GAS LINE EASEMENT)
60089-6 (TEMPORARY CONSTRUCTION EASEMENT)
60089-7 (MECHANICALLY STABILIZED EARTH WALL EASEMENT)
60862 (DELAWARE NORTHPARK LLC)
60862-1 (PG&E TRANSMISSION LINE EASEMENT)
60093 (SIERRA PACIFIC PROPERTIES)
60093-1 (FEE TITLE)
60093-3 (FEE TITLE)
60093-5 (SANITARY SEWER EASEMENT)
60093-6 (TEMPORARY CONSTRUCTION EASEMENT)
60093-8 (PG&E TRANSMISSION LINE EASEMENT)
60093-9 (PG&E GAS LINE EASEMENT)
60093-10 (TEMPORARY CONSTRUCTION EASEMENT)
60093-11 (MECHANICALLY STABILIZED EARTH WALL EASEMENT)
60093-12 (PRAXAIR WATER LINE EASEMENT)
60093-13 (TEMPORARY CONSTRUCTION EASEMENT)
60093-14 (TEMPORARY CONSTRUCTION EASEMENT)
60093-15 (TEMPORARY CONSTRUCTION EASEMENT)
60093-16 (MECHANICALLY STABILIZED EARTH WALL FOOTING
EASEMENT)
60130 (CAMINO INVESTMENTS)
60130-3 (PG&E TRANSMISSION LINE EASEMENT)
60912 (PEPPERMILL CASINOS)
60912-1 (TEMPORARY CONSTRUCTION EASEMENT)
Appendix "A"
PARCEL 60087-1 Fee Title (Albert Seeno Construction) :
A portion of Grantor' s Property in Contra Costa County,
California, as described in that Deed recorded December 29 , 1993 ,
in Book 19317, Page 716 , in the Office of the Contra Costa County
Recorder, and more particularly described as :
COMMENCING at the southwest corner of Parcel "A" as shown and
described on P .M. S . 7704 filed August 15 , 1978 , in Book 69 of
Parcel Maps, at page 6 ; thence along the north line of the State
Freeway as shown on said map, along the arc of a curve of radius
30 , 000 feet [9 , 144 . 018 meters] , through a central angle of 000 51 '
51" , a distance of 452 . 48 feet [137 . 916 meters] ; thence South 700
59' 30" East Record Bearing, 133 . 04 feet [40 . 551 meters] , to the
TRUE POINT OF BEGINNING; thence North 160 46' 04" East Record
Bearing (North 160 48 ' 10" East for the following description of
said portion) , 7 . 992 meters; thence South 690 56' 03" East , 1.54 . 172
meters to the northerly right of way line -of State Route 4 ("State
Freeway" in said Deed) and a non-tangent 15 . 239 meter radius
curve, concave northwesterly, at the commencement of which a
radial line bears South 410 15' 00" East ; thence southwesterly
along said right of way line and along said curve through a
central angle of 610 17 ' 3611 , an arc distance of 16 . 302 meters ;
thence continuing along said right of way line North 690 57' 24"
West , 140 . 354 meters to the TRUE POINT OF BEGINNING.
CONTAINING 1 , 193 . 2 square meters (12 , 844 square feet) , more
or less .
This conveyance is made for the purpose of a freeway and
the grantor hereby releases and relinquishes to the grantee
any and all abutter' s rights including access rights,
appurtenant to grantor' s remaining property, in and to said
freeway.
PARCEL 60087-3 M. S .E . Wall Easement (Albert Seeno Construction) :
An easement for the purposes of maintenance and construction
of a Mechanically Stabilized Earth Wall (M. S . E. Wall) and incidents
thereto, over, under, along and across a portion of Grantor' s
Property in Contra Costa County, California, as described in that
Deed recorded December 29 , 1993 , in Book 19317, Page 716, in the
Office of the Contra Costa County Recorder, and more particularly
described as :
1
COMMENCING at the southwest corner of Parcel "A" as shown and
described on P .M. S . 7704 filed August 15, 1978 , in Book 69 of
Parcel Maps, at page 6 ; thence along the north line of the State
Freeway as shown on said map, along the arc of a curve of radius
30, 000 feet [9 , 144 . 018 meters] , through a central angle of 000 51 '
51" , a distance of 452 . 48 feet [137 . 916 meters] ; thence South 70°
59 ' 30" East Record Bearing, 133 . 04 feet [40 . 551 meters] , thence
North 16° 46' 04" East Record Bearing (North 160 48 ' 10" East for
the following description of said portion) , 7 . 992 meters to the
TRUE POINT OF BEGINNING; thence continuing North 16° 48 ' 10" East,
2 . 704 meters; thence South 69" 56 ' 03" East, 155 . 480 meters to the
northerly right of way line of State Route 4 ( "State Freeway" in
said Deed) and a non-tangent 15 . 239 meter radius curve, concave
northwesterly, at the commencement of which a radial line bears
South 52° 18 ' 29" East ; thence southwesterly along said right of
way line and along said curve through a central angle of 11° 03'
29" , an arc distance of 2 . 941 meters; thence leaving said right of
way line North 69° 56' 03" West, 154 . 172 meters to the TRUE POINT
OF BEGINNING.
Together with the right of ingress to and egress from the
above described parcel of land, by way of such roads or
passageways as may now or hereafter exist to sufficiently
accommodate Grantee' s maintenance and or construction equipment,
to include, but not limited to its maintenance vehicle, over,
along and across Grantor' s remaining property; provided, however,
that Grantee shall not unreasonably interfere with Grantor' s use
of such roads or passageways .
Grantor, hereby reserves the right to use said easement area
for purposes which will not interfere with Grantee' s full
enjoyment of the rights hereby granted; provided that Grantor, its
successors or assigns shall not erect, place or construct any
permanent building or other structures, construct any fence, or
plant or install anything that will interfere with the rights
herein granted to Grantee within said easement area .
CONTAINING 418 . 2 square meters (4 , 501 square feet) , more or
less .
PARCEL 60087-4 Transmission Line Easement (Albert Seeno
Construction) :
An easement for the right to erect, construct , reconstruct,
replace, remove, maintain and use a line of poles with such wires
and cables as Grantee shall from time to time suspend therefrom
2
for the transmission of electric energy, and for communication
purposes, and all necessary and proper crossarms, guys, anchors
and other appliances and fixtures for use in connection with said
poles , wires and cables together with a right of way, over, under,
upon, along and across a portion of Grantor' s Property in Contra
Costa County, California, as described in that Deed recorded
December 29, 1993 , in Book 19317, Page 716 , in the Office of the
Contra Costa County Recorder, and more particularly described as :
COMMENCING at the southwest corner of Parcel "A" as shown and
described on P .M. S . 7704 filed August 15, 1978 , in Book 69 of
Parcel Maps, at page 6; thence along the north line of the State
Freeway as shown on said map, along the arc of a curve of radius
30 , 000 feet [9 , 144 . 018 meters] , through a central angle of 000 51'
5111 , a distance of 452 . 48 feet [137 . 916 meters] ; thence South 70°
59 ' 30" East Record Bearing, 133 . 04 feet [40 . 551 meters] , thence
North 16" 46 ' 04" East Record Bearing (North 160 48' 10" East for
the following description of said portion) , 18 .421 meters to the
TRUE POINT OF BEGINNING; thence continuing North 160 48' 10" East,
9 . 013 meters ; thence South 630 34' 49" East, 14 . 246 meters ; thence
South 67° 20' 34" East, 79 . 368 meters; thence North 720 17' 46"
West , 93 . 011 meters to the TRUE POINT OF BEGINNING.
CONTAINING 382 . 0 square meters (4 , 112 square feet) , - more or
less .
The pargel of land hereinabove described in Parcel 60087-
4 was intended to describe a strip of land.
PARCEL 60087-5 Transmission Line Easement (Albert Seeno
Construction) :
An easement for the right to erect, construct , reconstruct,
replace, remove, maintain and use a line of poles with such wires
and cables as Grantee shall from time to time suspend therefrom
for the transmission of electric energy, and for communication
purposes, and all necessary and proper crossarms, guys, anchors
and other appliances and fixtures for use in connection with said
poles , wires and cables together with a right of way, over, under,
upon, along and across a portion of Grantor' s Property in Contra
Costa County, California, as described in that Deed recorded
December 29, 1993 , in Book 19317, Page 716 , in the Office of the
Contra Costa County Recorder, and more particularly described as :
COMMENCING at the southwest corner of Parcel "A" as shown and
described on P.M. S . 7704 filed August 15, 1978 , in Book 69 of
Parcel Maps, at page 6 ; thence along the north line of the State
Freeway as shown on said map, along the arc of a curve of radius
30 , 000 feet [9, 144 . 018 meters] , through a central angle of 000 51 '
3
51" , a distance of 452 . 48 feet [137 . 916 meters] ; thence South 70°
59' 30" East Record Bearing, 133 . 04 feet [40 . 551 meters] , thence
North 16° 46 ' 04" East Record Bearing (North 160 48' 10" East for
the following description of said portion) , 7 . 922 meters to the
proposed northern right of way line of State Route 4 ( "State
Freeway" in said Deed) ; thence along said proposed line South 690
56 ' 03" East , 42 . 816 meters to the TRUE POINT OF BEGINNING; thence
continuing along said proposed line South 690 56' 03" East, 58 .214
meters ; thence leaving said proposed line South 740 45' 22" East ,
54 . 967 meters to the existing northerly right of way line of State
Route 4 and a 15 . 239 meter radius , non-tangent curve, concave
northwesterly, at the commencement of which a radial line bears
South 59° 45' 06" East; thence northerly along said curve through
a central angle of 000 09 ' 10" , an arc distance of 0 . 041 meter;
thence leaving said existing right of way line North 72° 17 ' 46"
West, 113 . 089 meters to said proposed right of way line and the
TRUE POINT OF BEGINNING.
CONTAINING 136 . 7 square meters (1 , 472 square feet) , more or
less .
The parcel of land hereinabove described in Parcel 60087-
5 was intended to describe a strip of land.
4
PARCEL 60088-1 Fee Title (Winco) :
A portion of Parcel D, as said Parcel D is shown on the
Parcel Map, filed September 22 , 1997 , in Book 172 of Parcel Maps,
Page 17, in the Office of the County Recorder of said County, and
more particularly described as follows :
Beginning at the southwesterly corner of said
Parcel D; thence North 00 °51' 10" East, along the general westerly
line of said Parcel D, 8 . 914 meters; thence
South 69056' 03" East 127 . 398 meters to the general easterly line
of said Parcel D; thence South 16048110" West , along said general
easterly line, 7 . 992 meters to the southeasterly corner of said
Parcel D; thence North 69057124" West, along the general southerly
line of said Parcel D, 40 . 561 meters to the beginning of a tangent
curve, having a radius of 9143 . 440 meters ; thence westerly,
continuing along said general southerly line, on said curve to the
left, through an angle of 00°31143" , an arc distance of 84 . 360
meters to the Point of Beginning.
Containing 1, 021 . 3 square meters, more or less .
This conveyance is made for the purpose of a freeway and the
grantor hereby releases and relinquishes to the grantee any -and
all abutter' s rights including access rights, appurtenant to
grantor' s remaining property, in and to said freeway.
PARCEL 60088-3 Transmission Line Easement (Winco) :
An easement for the right to erect, construct , reconstruct,
replace, remove, maintain and use a line of poles with such wires
and cables as Grantee shall from time to time suspend therefrom
for the transmission of electric energy, and for communication
purposes, and all necessary and proper crossarms , guys, anchors
and other appliances and fixtures for use in connection with said
poles , wires and cables together with a right of way, over, under,
upon, along and across a portion of Parcel D, as said Parcel D is
shown on the Parcel Map, filed September 22 , 1997 , in Book 172 of
Parcel Maps, Page 17, in the Office of the County Recorder of said
County, and more particularly described as follows :
Commencing at the southwesterly corner of said Parcel D;
thence North 00051110" East , along the general westerly line of
said Parcel D, 22 . 893 meters to the True Point of beginning of the
parcel of land herein to be described; thence continuing North
00051 ' 10" East , along said general westerly line ,
12 . 784 meters; thence South 71°38' 22" East, leaving said general
westerly line, 65 . 086 meters ; thence South 63 '34149" East
70 . 474 meters to the general easterly line of said Parcel D;
thence South 16°48110" West , along said general easterly line,
9 . 013 meters to the northerly line of the 40 foot wide strip of
5
land shown as "40 ' PG&E EASEMENT (7 OR 93) " on said map; thence
North 72' 17' 46" West, along said northerly line, 21 . 815 meters to
a line, that is, parallel with and distant, 12 . 192 meters ,
southwesterly, measured at right angles from the hereinabove
described course having a length of 1170 . 474 meters" ; thence
North 63° 34 ' 49" West , along said parallel line, 49 . 557 meters to a
line, that is , parallel with and distant , 12 . 192 meters,
southerly, measured at right angles from the hereinabove described
course having a length of 1165 . 086 meters" ; thence
North 71°38 ' 22" West, along last said parallel line,
60 . 381 meters to the True Point of Beginning.
Containing 1 , 594 . 8 square meters , more or less .
Grantor further grants to Grantee :
(a) the right of ingress to and egress from said easement area
over and across said lands by means of roads and lanes thereon, if
such there be , otherwise by such route or routes as shall occasion the
least practicable damage and inconvenience to Grantor, provided, that
such right of ingress and egress shall not extend to any portion of
said lands which is isolated from said easement area by any public
road or highway, now crossing or hereafter crossing said lands;
(b) the right from time to time to trim and to cut down and clear
away or othQrwise .destroy any and all trees and brush now hereafter on
said easement area and to trim and to cut down and clear away any
trees on either side of said easement area which now or hereafter in
the opinion of Grantee may be a hazard to the facilities installed
hereunder by reason of the danger of falling thereon, or may interfere
with the exercise of Grantee' s rights hereunder; provided, however,
that all trees which Grantee is hereby authorized to cut and remove,
if valuable for timber or wood, shall continue to be the property of
Grantor, but all branches, brush, and refuse wood shall be burned,
removed, or chipped and scattered, by Grantee;
(c) the right from time to time to enlarge, improve, reconstruct,
relocate and replace any poles constructed hereunder with any other
number of type of poles either in the original location or at any
alternate location or locations within said easement area;
(d) the right to install , maintain and use gates in all fences
which now cross or shall hereafter cross said easement area; and
(e) the right to mark the location of said easement area by
suitable markers set in the ground; provided that said markers shall
be placed in fences or other locations which will not interfere with
any reasonable use Grantor shall make of said easement area .
Grantee hereby covenant and agrees :
6
(a) not to fence said easement area;
(b) to repair any damage it shall do to Grantor' s private roads
or lanes on said lands ; and
(c) to indemnify Grantor against any loss and damage which shall
be caused by the exercise of the rights hereby granted, or by any
wrongful or negligent act or omission of Grantee or of its agents or
employees in the course of their employment, provided, however, that
this indemnity shall not extend to that portion of such loss or damage
that shall have been caused by Grantor' s comparative negligence or
willful misconduct .
Grantor reserves the right to use said easement area for
purposes which will not interfere with Grantee' s full enjoyment of the
rights hereby granted; provided that Grantor shall not erect or
construct any building or other structure, or drill or operate any
well, or construct any reservoir or other obstruction within said
easement area, or diminish or substantially add to the ground cover
over said facilities, or construct any fences that will interfere with
the maintenance and operation of said facilities .
The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all
covenants shall apply to and run with the land.
PARCEL 60088-4 M.S .E. Wall Easement (Winco) :
An easement for the purposes of maintenance and construction
of a Mechanically Stabilized Earth Wall (M.S .E. Wall) and incidents
thereto, over, under, along and across a portion of Parcel D, as
said Parcel D is shown on the Parcel Map, filed September 22 ,
1997, in Book 172 of Parcel Maps , Page 17, in the Office of the
County Recorder of said County, and more particularly described as
follows :
Commencing at the southwesterly corner of said Parcel D;
thence North 00051110" East , along the general westerly line of
said Parcel D, 8 . 914 meters to the True Point of Beginning of the
parcel of land herein to be described; thence
South 69°56 ' 03" East 127 . 398 meters to the general easterly line
of said Parcel D; thence North 16'48110" East, along said general
easterly line, 2 . 704 meters to a line, that is, parallel with and
distant, 2 . 700 meters, northerly, measured at right angles from
the hereinabove described course having a length of
"127 . 398 meters" ; thence North 69056103" West, along said parallel
line and the prolongation thereof, 128 . 185 meters to said general
westerly line ; thence South 00051 ' 10" West, along said general
westerly line, 2 . 859 meters to the True Point of Beginning .
Containing 345 . 0 square meters, more or less .
7
Together with the right of ingress to and egress from the
above described parcel of land, by way of such roads or
passageways as may now or hereafter exist to sufficiently
accommodate Grantee' s maintenance and or construction equipment,
to include , but not limited to its maintenance vehicle, over,
along and across Grantor' s remaining property; provided, however,
that Grantee shall not unreasonably interfere with Grantor' s use
of such roads or passageways .
Grantor, hereby reserves the right to use said easement area
for purposes which will not interfere with Grantee' s full
enjoyment of the rights hereby granted; provided that Grantor, its
successors or assigns shall not erect, place or construct any
permanent building or other structures, construct any fence, or
plant or install anything that will interfere with the rights
herein granted to Grantee within said easement area .
PARCEL'60088-5 Temporary Easement (Winco) :
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31 , 2010) for construction
purposes and incidents thereto, upon, over, along and across, that
portion of the parcel of land described in deed from Meadow Creek
Estates, Inc. to ACG-Pittsburg Investors LLC, recorded August 19,
1998, under Document Number 98-0197330-00, in the office of the
County Recorder of said County, and more particularly described as
follows :
Beginning at the northeasterly corner of said parcel of land;
thence North 89003139" West , along the northerly line of said
parcel of land, 31 . 884 meters; thence South 0005612111 West 0 . 950
of a meter; thence South 89 ° 03139" East 31 . 614 meters to the
easterly line of said parcel of land; thence
North 16'48 ' 10" East , along said easterly line , 0 . 988 of a meter
to the Point of Beginning .
Containing 30 .2 square meters, more or less .
The Grantor has full use of the encumbered area except for
the six-month period.
PARCEL 60088-6 Temporary Easement (Winco) :
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31, 2010) for construction
purposes and incidents thereto, upon, over, along and across that
portion of Parcel D, as said Parcel D is shown on the Parcel map,
filed September 22 , 1997 , in Book 172 of Parcel Maps, Page 17, in
8
the Office of the County Recorder of said County, and more
particularly described as follows :
Commencing at the southwesterly corner of said Parcel D;
thence North 00051110" East, along the general westerly line of
said Parcel D, 8 . 914 meters to the True Point of Beginning of the
parcel of land herein to be described; thence continuing
North 00°51 ' 10" East , along said general westerly line,
13 . 979 meters; thence continuing North 00051110" East, along said
general westerly line, 12 . 784 meters; thence
South 71°38 ' 22" East , leaving said general westerly line,
65 . 086 meters; thence South 63034 ' 49" East 64 . 646 meters; thence
South 20°03 ' 57" West 20 . 054 meters to a line which bears
South 69°56 ' 03" East from said True Point of Beginning; thence
North 69°56 ' 03" West , along last said line, 120 . 499 meters to the
True Point of Beginning .
Containing 3 , 114 . 2 square meters, more or less .
The Grantor has full use of the encumbered area except for
the six-month period.
PARCEL 60088-7 Gas Line Easement (Winco) :
An easement for the right at any time, and from time to time,
to excavate for, install , replace (of the initial or any other
size) , maintain and use such pipe lines as Grantee shall from time
to time elect for conveying gas , with necessary and proper valves
and other appliances and fittings, and devices for controlling
electrolysis for use in connection with said pipe lines, and such
underground wires, cables , conduits, and other electrical
conductors, appliances, fixtures and appurtenances , as Grantee
shall from time to time elect for communication purposes, together
with adequate protection therefor, and also a right of way, upon,
along, under and across a portion of Parcel D, as said Parcel D is
shown on the Parcel Map, filed September 22 , 1997 , in Book 172 of
Parcel Maps, Page 17 , in the Office of the County Recorder of said
County, and more particularly described as follows :
Commencing at the southwesterly corner of said Parcel D;
thence North 00'51 ' 10" East , along the general westerly line of
said Parcel D, 12 . 253 meters to the point of intersection with the
northerly line of the 15 foot wide strip of land described in deed
from United States of America to Pacific Gas and Electric Company,
recorded September 30 , 1960 , in Liber 3714 , Page 143 , in the
Office of the County Recorder of said County; said point being the
True Point of Beginning of the parcel of land herein to be
described; thence continuing North 00051110" East , along said
general westerly line, 3 . 024 meters; thence South 71°59' 00" East ,
leaving said general westerly line, 69 . 866 meters ; thence South
56036 ' 53" East 9 . 295 meters to said northerly line ; thence
9
North 72 ' 17' 46" West , along said northerly line, 77 . 937 meters to
the True Point of Beginning.
Containing 198 . 8 square meters, more or less .
Grantor further grants to Grantee:
(a) the right of ingress to and egress from said easement
area over and across said lands by means of roads and lanes
thereon, if such there be, otherwise by such route or routes as
shall occasion the least practicable damage and inconvenience to
Grantor, provided, that such right of ingress and egress shall not
extend to any portion of said lands which is isolated from said
easement area by any public road or highway, now crossing or
hereafter crossing said lands;
(b) the right from time to time to trim and to cut down and
clear away or otherwise destroy any and all trees and brush now or
hereafter on said easement area and to trim and to cut down and
clear away any trees on either side of said easement area which
now or hereafter in the opinion of Grantee may be a hazard to the
facilities installed hereunder by reason of the danger of falling
thereon, or may interfere with the exercise of Grantee' s rights
hereunder; provided, however, that all trees which Grantee is
hereby authorized to cut and remove, if valuable for timber or
wood, shall continue to be the property of Grantor, but all
branches , brush, and refuse wood shall be burned, removed, or
chipped and scattered, by Grantee ;
(c) the right to use such portion of said lands contiguous to
said easement area as may be reasonably necessary in connection
with the installation and replacement of said facilities;
(d) the right to install , maintain and use gates in all
fences which now cross or shall hereafter cross said easement
area; and
(e) the right to mark the location of said easement area by
suitable markers set in the ground; provided that said markers
shall be placed in fences or other locations which will not
interfere with any reasonable use Grantor shall make of said
easement area .
Grantee hereby covenant and agrees :
(a) not to fence said easement area;
(b) to promptly backfill any excavations made by it on said
easement area and repair any damage it shall do to Grantor' s
private roads or lanes on said lands ; and
10
(c) to indemnify Grantor against any loss and damage which
shall be caused by the exercise of the rights herein granted, or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment, provided,
however, that this indemnity shall not extend to that portion of
such loss or damage that shall have been caused by Grantor ' s
comparative negligence or willful misconduct .
Grantor reserves the right to use said easement area for
purposes which will not interfere with Grantee ' s full enjoyment of
the rights hereby granted; provided that Grantor shall not erect
or construct any building or other structure, or drill or operate
any well, or construct any reservoir or other obstruction within
said easement area, or diminish or substantially add to the ground
cover over said facilities, or construct any fences that will
interfere with the maintenance and operation of said facilities.
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto, and
all covenants shall apply to and run with the land.
11
PARCEL 60089-1 Fee Title (Delaware Northpark LLC) :
A portion of Parcel D, as said Parcel D is shown on the
Parcel Map, filed September 22 , 1997 , in Book 172 of Parcel Maps ,
Page 24 , in the Office of the County Recorder of said County; and
those portions of Parcels B and C, as said Parcels B and C are
shown on the Parcel Map, filed September 22 , 1997 , in Book 172 of
Parcel Maps, Page 17 , in said Office of the County Recorder of
said County, and more particularly described as follows :
Beginning at the southwesterly corner of said
Parcel D; thence North 00°51' 10" East , along the general westerly
line of said Parcel D, 10 . 507 meters to the beginning of a non-
tangent curve, to which a radial line bears
South 17°33 ' 23" West ; thence easterly, along said curve to the
left , having a radius of 84 , 978 .265 meters, through an angle of
0000013711 , an arc distance of 15 . 198 meters to the beginning of a
reverse curve; thence easterly, along last said curve to the
right , having a radius of 6 , 048 . 708 meters, through an angle of
2°31 ' 11" , an arc distance of 265 . 997 meters; thence
South 69°56 ' 03" East 24 . 625 meters to the general easterly line of
said Parcel C; thence South 00051' 10" West, along said general
easterly line, 8 . 914 meters to the southeasterly corner of said
Parcel C; thence westerly, along the southerly lines of said
Parcels C, B and D, on a non-tangent curve to the left, to which a
radial line bears North 19°30153" East , having a radius of
9 , 143 .440 meters , through an angle of 1047135" , an arc distance of
286 . 134 meters ; thence North 72017146" West, along the southerly
line of said Parcel D, 19 . 180 meters to the Point of Beginning.
Containing 2 , 950 . 5 square meters , more or less .
This conveyance is made for the purpose of a freeway and the
grantor hereby releases and relinquishes to the grantee any and
all abutter' s rights including access rights, appurtenant to
grantor' s remaining property, in and to said freeway.
PARCEL 60089-4 Transm. Line Easement (Delaware Northpark LLC) :
An easement for the right to erect , construct, reconstruct,
replace, remove, maintain and use a line of poles with such wires
and cables as Grantee shall from time to time suspend therefrom
for the transmission of electric energy, and for communication
purposes , and all necessary and proper crossarms, guys, anchors
and other appliances and fixtures for use in connection with said
poles , wires and cables together with a right of way, over, under,
upon, along and across a portion of Parcel D, as said Parcel D is
shown on the Parcel Map, filed September 22 , 1997 , in Book 172 of
Parcel Maps, Page 24 , in the Office of the County Recorder of said
County; and those portions of Parcels B and C, as said Parcels B
12
and C , are shown on the Parcel Map, filed September 22 , 1997, in
Book 172 of Parcel Maps, Page 17 , in said Office of the County
Recorder of said County, and more particularly described as
follows :
Commencing at the southwesterly corner of said Parcel D;
thence North 00051 ' 10" East , along the general westerly line of
said Parcel D, 24 . 563 meters to the True Point of Beginning of the
parcel of land herein to be described; thence
South 71° 00 ' 57" East 18 . 782 meters; thence South 7202959" East
94 . 474 meters; thence South 69057 ' 52" East 132 . 521 meters ; thence
South 71°38 ' 22" East 60 . 093 meters to a point on the general
easterly line of said Parcel C, that is distant thereon, North
00051110" East , 22 . 893 meters from the southeasterly corner of
said Parcel C; thence North 00051110" East, along said general
easterly line, 12 . 784 meters ; thence North 71038122" West 56 . 081
meters ; thence North 69057151" West 132 . 600 meters ; thence North
72029159" West 94 . 584 meters ; thence North 71° 00 ' 57" West 22 . 618
meters to said general westerly line of said Parcel D; thence
South 00051' 10" West, along said general westerly line, 12 . 829
meters to the True Point of Beginning.
Containing 3 , 729 . 2 square meters, more or less .
The parcel of land hereinabove described in Parcel 60089-4
was intended to describe a strip of land, that is , 12 . 192 meters
in width.
Grantor further grants to Grantee :
(a) The right of ingress to and egress from said easement area
over and across said lands by means of roads and lanes thereon, if
such there be, otherwise by such route or routes as shall occasion the
least practicable damage and inconvenience to Grantor, provided, that
such right of ingress and egress shall not extend to any portion of
said lands which is isolated from said easement area by any public
road or highway, now crossing or hereafter crossing said lands;
(b) The right from time to time to trim and to cut down and clear
away or otherwise destroy any and all trees and brush now hereafter on
said easement area and to trim and to cut down and clear away any
trees on either side of said easement area which now or hereafter in
the opinion of Grantee may be a hazard to the facilities installed
hereunder by reason of the danger of falling thereon, or may interfere
with the exercise of Grantee' s rights hereunder; provided, however,
that all trees which Grantee is hereby authorized to cut and remove,
if valuable for timber or wood, shall continue to be the property of
Grantor, but all branches, brush, and refuse wood shall be burned,
removed, or chipped and scattered, by Grantee;
13
(c) The right from time to time to enlarge, improve, reconstruct ,
relocate and replace any poles constructed hereunder with any other
number of type of poles either in the original location or at any
alternate location or locations within said easement area;
(d) The right to install , maintain and use gates in all fences
which now cross or shall hereafter cross said easement area; and
(e) The right to mark the location of said easement area by
suitable markers set in the ground; provided that said markers shall
be placed in fences or other locations which will not interfere with
any reasonable use Grantor shall make of said easement area.
Grantee hereby covenant and agrees :
(a) Not to fence said easement area;
(b) To repair any damage it shall do to Grantor' s private roads
or lanes on said lands ; and
(c) To indemnify Grantor against any loss and damage which shall
be caused by the exercise of the rights hereby granted, or by any
wrongful or negligent act or omission of Grantee or of its agents or
employees in the course of their employment , provided, however, that
this indemnity shall not extend to that portion of such loss or damage
that shall have been caused by Grantor' s comparative negligence or
willful misconduct .
Grantor reserves the right to use said easement area for purposes
which will not interfere with Grantee' s full enjoyment of the rights
hereby granted; provided that Grantor shall not erect or construct any
building or other structure, or drill or operate any well , or
construct any reservoir or other obstruction within said easement
area, or diminish or substantially add to the ground cover over said
facilities, or construct any fences that will interfere with the
maintenance and operation of said facilities .
The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all
covenants shall apply to and run with the land.
PARCEL 60089-5 Gas Line Easement (Delaware Northpark LLC) :
An easement for the right at any time, and from time to time,
to excavate for, install , replace (of the initial or any other
size) , maintain and use such pipe lines as Grantee shall from time
to time elect for conveying gas, with necessary and proper valves
and other appliances and fittings, and devices for controlling
electrolysis for use in connection with said pipe lines, and such
underground wires , cables , conduits, and other electrical
conductors, appliances , fixtures and appurtenances, as Grantee
14
shall from time to time elect for communication purposes, together
with adequate protection therefor, and also a right of way, upon,
along, under and across a portion of Parcel D, as said Parcel D is
shown on the Parcel Map, filed September 22 , 1997, in Book 172 of
Parcel Maps, Page 24 , in the Office of the County Recorder of said
County; and those portions of Parcels B and C, as said Parcels B
and C are shown on the Parcel Map, filed September 22 , 1997, in
Book 172 of Parcel Maps, Page 17, in the Office of the County
Recorder of said County, and more particularly described as
follows :
Commencing at the southwesterly corner of said Parcel D;
thence North 00051' 10" East, along the general westerly line of
said Parcel D, 11 . 311 meters to the True Point of Beginning of the
parcel of land herein to be described; thence
South 7224 ' 45" East 7 . 961 meters ; thence South 72008154" East
88 . 154 meters ; thence South 71026147" East 62 . 279 meters; thence
South 70026 ' 11" East 77 . 932 meters to the northerly line of the 15
foot wide strip of land described in deed from United States of
America to Pacific Gas and Electric Company, recorded September
30 , 1960, in Liber 3714 of Official Records, Page 143 , in the
Office of the County Recorder of said County; thence South
72017 ' 46" East, along said northerly line, 68 . 715 meters to a
point on the general easterly line of said Parcel C, that is ,
distant thereon, North 00051110" East 12 . 253 meters from the
southeasterly corner of said Parcel C; thence
North 00051' 10" East , along said general easterly line,
3 . 024 meters ; thence North 71°59' 00" West 0 . 937 of a meter; thence
North 71°22 ' 59" West 30 . 050 meters to the prolongation of a line,
that is, parallel with and distant , 4 . 572 meters, northerly,
measured at right angles from the hereinabove described course
having a length of 1177 . 932 meters" ; thence North 70026111" West,
along said prolongation and said parallel line, 114 . 699 meters to
the prolongation of a line, that is, parallel with and distant,
4 . 572 meters , northerly, measured at right angles from the
hereinabove described course having a length of "62 . 279 meters" ;
thence North 71026 ' 47" West, along last said prolongation and last
said parallel line , 62 . 348 meter to the prolongation of a line,
that is, parallel with and distant , 4 . 572 meters, northerly,
measured at right angles from the hereinabove described course
having a length of 1188 . 154 meters" ; thence North 72008154" West,
along last said prolongation and last said parallel line, 88 . 193
meters to the prolongation of a line , that is , parallel with and
distant , 4 . 572 meters, northerly, measured at right angles from
the hereinabove described course having a length of 117 . 961
meters" ; thence North 72 °24 ' 45" West , along last said prolongation
and last said parallel line, 9 . 346 meters to the general westerly
line of said Parcel D; thence South 00° 51110" West, along said
general westerly line, 4 . 774 meters to the True Point of
Beginning.
Containing 1 , 328 . 5 square meters , more or less .
15
Grantor further grants to Grantee :
(a) the right of ingress to and egress from said easement
area over and across said lands by means of roads and lanes
thereon, if such there be , otherwise by such route or routes as
shall occasion the least practicable damage and inconvenience to
Grantor, provided, that such right of ingress and egress shall not
extend to any portion of said lands which is isolated from said
easement area by any public road or highway, now crossing or
hereafter crossing said lands ;
(b) the right from time to time to trim and to cut down and
clear away or otherwise destroy any and all trees and brush now or
hereafter on said easement area and to trim and to cut down and
clear away any trees on either side of said easement area which
now or hereafter in the opinion of Grantee may be a hazard to the
facilities installed hereunder by reason of the danger of falling
thereon, or may interfere with the exercise of Grantee' s rights
hereunder; provided, however, that all trees which Grantee is
hereby authorized to cut and remove, if valuable for timber or
wood, shall continue to be the property of Grantor, but all
branches , brush, and refuse wood shall be burned, removed, or
chipped and scattered, by Grantee;
(c) the right to use such portion of said lands contiguous to
said easement area as may be reasonably necessary in connection
with the installation and replacement of said facilities;
(d) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross said easement
area; and
(e) the right to mark the location of said easement area by
suitable markers set in the ground; provided that said markers
shall be placed in fences or other locations which will not
interfere with any reasonable use Grantor shall make of said
easement area.
Grantee hereby covenant and agrees :
(a) not to fence said easement area;
(b) to promptly backfill any excavations made by it on said
easement area and repair any damage it shall do to Grantor' s
private roads or lanes on said lands ; and
(c) to indemnify Grantor against any loss and damage which
shall be caused by the exercise of the rights herein granted, or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment, provided,
16
however, that this indemnity shall not extend to that portion of
such loss or damage that shall have been caused by Grantor' s
comparative negligence or willful misconduct .
Grantor reserves the right to use said easement area for
purposes which will not interfere with Grantee' s full enjoyment of
the rights hereby granted; provided that Grantor shall not erect
or construct any building or other structure, or drill or operate
any well, or construct any reservoir or other obstruction within
said easement area, or diminish or substantially add to the ground
cover over said facilities, or construct any fences that will
interfere with the maintenance and operation of said facilities.
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto, and
all covenants shall apply to and run with the land.
PARCEL 60089-6 Temporary Easement (Delaware Northpark LLC) :
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31 , 2010) for construction
purposes and incidents thereto, upon, over, along and across a
portion of Parcel D, as said Parcel D is shown on the Parcel Map,
September 22 , 1997 , in Book 172 of Parcel Maps, Page 24 , in the
Office of the County Recorder of said County; and those portions
of Parcels B and C, as said Parcels B and C are shown on the
Parcel Map, filed September 22 , 1997 , in Book 172 of Parcel Maps,
Page 17 , in the Office of the County Recorder of said County, and
more particularly described as follows :
Commencing at the Southwesterly corner of said Parcel D;
thence North 00051110" East, along the general westerly line of
said Parcel D, 10 . 507 meters to the beginning of a non-tangent
curve, to which a radial line bears South 17033 ' 23" West, and the
True Point of Beginning of the parcel of land herein to be
described; thence easterly, along said curve to the left, having a
radius of 84 , 978 . 265 meters, through an angle of 0000013711 , an arc
distance of 15 . 198 meters to the beginning of a reverse curve ;
thence easterly, along last said curve to the right, having a
radius of 6, 048 . 708 meters, through an angle of 2031111" , an arc
distance of 265 . 997 meters; thence South 69056103" East 24 . 625
meters to the general easterly line of said Parcel C; thence North
00051110" East, along said general easterly line, 13 . 979 meters to
a point, that is , distant thereon, North 00°51110" East 22 . 893
meters from the southeasterly corner of said Parcel C; thence
continuing North 00051110" East , along said general easterly line,
17
12 . 784 meters ; thence North 71038122" West , leaving said general
easterly line, 56 . 081 meters ; thence North 6905715111 West 132 . 600
meters; thence North 72029159" West 94 . 584 meters ; thence North
71000 ' 57" West 22 . 618 meters to a point on said general westerly
line of said Parcel D, that is , distant thereon North 00051' 10"
East 37 . 392 meters from said southwesterly corner of said Parcel
D; thence South 00051110" West , along said general westerly line,
26 . 885 meters to the True Point of Beginning.
Containing 7 , 619 . 0 square meters, more or less .
The Grantor has full use of the encumbered area except for
the six-month period.
PARCEL 60089-7 M S E Wall Easement (Delaware Northpark LLC) :
An easement for the purposes of maintenance and construction
of a Mechanically Stabilized Earth Wall (M. S .E. Wall) and
incidents thereto, over, under, along and across a portion of
Parcel D, as said Parcel D is shown on the Parcel Map, filed
September 22 , 1997, in Book 172 of Parcel Maps, Page 24 , in the
Office of the County Recorder of said County; and those portions
of Parcels B and C, as said Parcels B and C are shown on the
Parcel Map, filed September 22 , 1997 , in Book 172 of Parcel Maps ,
Page 17 , in the Office of the County Recorder of said County, and
more particularly described as follows :
A strip of land, 2 . 700 meters wide, lying northerly of and
coincident with the following described line :
Commencing at the southwesterly corner of said Parcel D;
thence North 00051 , 1011 East, along the general westerly line of
said Parcel D, 10 . 507 meters to the beginning of a non-tangent
curve, to which a radial line bears South 17'33123" West , and the
True Point of Beginning of the line herein to be described; thence
easterly, along said curve to the left, having a radius of
84 , 978 . 265 meters, through an angle of 0000013711 , an arc distance
of 15 . 198 meters to the beginning of a reverse curve ; thence
easterly, along last said curve to the right, having a radius of
6 , 048 . 708 meters, through an angle of 2 °31 ' 11" , an arc distance of
265 . 997 meters; thence South 69°56' 03" East
24 . 625 meters to a point on the general easterly line of said
Parcel C, that is, distant thereon North 00051110" East
8 . 914 meters from the southeasterly corner of said Parcel C, said
point being the terminus of the line herein described.
18
The side lines of said 2 . 700 meter wide strip of land shall
be prolonged or shortened as to terminate westerly on said general
westerly line of said Parcel D, and to terminate easterly on said
general easterly line of said Parcel C.
Containing 825 . 7 square meters, more or less .
Together with the right of ingress to and egress from the
above described parcel of land, by way of such roads or
passageways as may now or hereafter exist to sufficiently
accommodate Grantee' s maintenance and or construction equipment,
to include, but not limited to its maintenance vehicle, over,
along and across grantor' s remaining property; provided, however,
that Grantee shall not unreasonably interfere with Grantor's use
of such roads or passageways .
Grantor, hereby reserves the right to use said easement area for
purposes which will not interfere with Grantee' s full enjoyment of
the rights hereby granted; provided that Grantor, its successors
or assigns shall not erect , place or construct any permanent
building or other structures , construct any fence, or plant or
install anything that will interfere with the rights herein
granted to Grantee within said easement area.
19
PARCEL 60862 -1 Transm Line Easement (Delaware Northpark LLC) :
An easement for the right to erect, reconstruct, replace,
remove, maintain and use a lines of poles with such wires and
cables as Grantee shall from time to time suspend therefrom for
the transmission of electric energy, and for communication
purposes, and all necessary and proper crossarms, guys, anchors
and other appliances and fixtures for the use in connection with
said poles, wires and cables together with a right of way, over,
under, upon, along, and across a portion of Parcel B, as said
Parcel B is shown on the Parcel Map, filed September 22 , 1997, in
Book 172 of Parcel Maps , Page 24 , in the Office of the County
Recorder of said County, and more particularly described as
f ollows :
Beginning at the southwesterly corner of said Parcel B;
thence North 17042114" East, along the westerly line of said
Parcel B, 4 . 246 meters ; thence South 74023122" East
11 . 770 meters; thence South 71059106" East 46 . 452 meters to the
easterly line of said Parcel B; thence South 17042' 14" West, along
said easterly line, 4 . 424 meters to the southeasterly corner of
said Parcel B; thence North 72017146" West , along the southerly
line of said Parcel B, 58 . 213 meters to the Point of Beginning.
Containing 263 . 8 square meters, more 'or less .
Grantor further grants to Grantee :
(a) The right of ingress to and egress from said easement area
over and across said lands by means of roads and lanes thereon, if
such there be, otherwise by such route or routes as shall occasion the
least practicable damage and inconvenience to Grantor, provided, that
such right of ingress and egress shall not extend to any portion of
said lands which is isolated from said easement area by any public
road or highway, now crossing or hereafter crossing said lands;
(b) The right from time to time to trim and to cut down and clear
away or otherwise destroy any and all trees and brush now hereafter on
said easement area and to trim and to cut down and clear away any
trees on either side of said easement area which now or hereafter in
the opinion of Grantee may be a hazard to the facilities installed
hereunder by reason of the danger of falling thereon, or may interfere
with the exercise of Grantee' s rights hereunder; provided, however,
that all trees which Grantee is hereby authorized to cut and remove ,
if valuable for timber or wood, shall continue to be the property of
Grantor, but all branches , brush, and refuse wood shall be burned,
removed, or chipped and scattered, by Grantee ;
(c) The right from time to time to enlarge , improve, reconstruct,
relocate and replace any poles constructed hereunder with any other
20
number of type of poles either in the original location or at any
alternate location or locations within said easement area;
(d) The right to install, maintain and use gates in all fences
which now cross or shall hereafter cross said easement area ; and
(e) The right to mark the location of said easement area by
suitable markers set in the ground; provided that said markers shall
be placed in fences or other locations which will not interfere with
any reasonable use Grantor shall make of said easement area .
Grantee hereby covenant and agrees :
(a) Not to fence said easement area;
(b) To repair any damage it shall do to Grantor' s private roads
or lanes on said lands ; and
(c) To indemnify Grantor against any loss and damage which shall
be caused by the exercise of the rights hereby granted, or by any
wrongful or negligent act or omission of Grantee or of its agents or
employees in the course of their employment , provided, however, that
this indemnity shall not extend to that portion of such loss or damage
that shall have been caused by Grantor' s comparative negligence or
willful misconduct .
Grantor reserves the right to use said easement area for purposes
which will not interfere with Grantee' s full enjoyment of the rights
hereby granted; provided that Grantor shall not erect or construct any
building or other structure, or drill or operate any well, or
construct any reservoir or other obstruction within said easement
area, or diminish or substantially add to the ground cover over said
facilities, or construct any fences that will interfere with the
maintenance and operation of said facilities .
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto, and
all covenants shall apply to and run with the land.
21
PARCEL 60093 -1 Fee Title (Sierra Pacific Properties) :
A portion of Grantor' s Property in Contra Costa County,
California, as described in that Deed recorded September 11, 2001 ,
as Number 2001-0271980-00 , in the Office of the Recorder of Contra
Costa County, and more particularly described as :
COMMENCING at the 1- 1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20, 1992 , in Book 101
L. S .M. , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42 ' 14" West , 0 . 003meter (0 . 01
foot) to the northerly right of way line of State Route 4 , said
right of way line having a Bearing of South 720 17 ' 46" East (South
730 19' 19" East Record Bearing in Record of Survey Book 101
L. S .M . , page 13) ; thence South 720 17 ' 46" East, 7 .739 meters along
said Route 4 right of way line to the most westerly corner of
Grantor' s Property and being the TRUE POINT OF BEGINNING; thence
South 72° 17 ' 46" East (South 730 19' 19" East Record Bearing on
said Record of Survey) , a distance of 375 .341 meters along said
northerly Route 4 right of way line; thence leaving said right of
way line North 000 51' 10" East, 10 . 507 meters to a non-tangent
84 , 978 . 265 meter radius curve, concave northerly, at the
commencement of which a radial line bears South 170 33 ' 23" West;
thence along said curve westerly through a central angle of 000 09'
5911 , an arc distance of 246 . 615 meters ; thence North 68° 29' 52"
West , 32 . 124 meters; thence westerly along a 100 .200 meter radius
curve, concave northerly, through a central angle of 440 43 ' OB" ,
an arc distance of 25 . 741 meters; thence North 670 24 ' 42" West,
50 . 611 meters to said City of Pittsburgh right of way line and a
non-tangent 262 . 112 meter radius curve, concave northwesterly, at
the commencement of which a radial line bears South 34° 57 ' 24" E;
thence southwesterly along said curve and said right of way line
through a central angle of 060 04 ' 5311 , an arc distance of 27 .821
meters to the northerly right of way line of State Route 4 and the
TRUE POINT OF BEGINNING.
CONTAINING 4 , 285 . 6 square meters (46, 130 square feet ) , more
or less .
This conveyance is made for the purpose of a freeway and the
grantor hereby releases and relinquishes to the grantee any and
all abutter' s rights including access rights, appurtenant to
grantor' s remaining property, in and to said freeway.
PARCEL 60093 -3 Fee Title (Sierra Pacific Properties)
22
A portion of Grantor' s Property in Contra Costa County,
California, as described in that Deed recorded September 11 , 2001,
as Number 2001-0271980-00 , in the Office of the Contra Costa
County Recorder, and shown as Parcel " ' B' 17351 OR 216" on the
Record of Survey recorded August 20 , 1992, in Book 101 of L. S .M. ,
page13 , and more particularly described as :
COMMENCING at the westernmost corner of said Parcel "B" and
being the TRUE POINT OF BEGINNING; thence northeasterly along that
11540 feet" (164 . 592 meter) radius curve, concave southerly,
described in said Record of Survey, through a central angle of 02°
51 ' 4011 , an arc distance of 8 . 218 meters, whereat a radial line
bears North 24° 50' 24" West ; thence South 120 30 ' 22" East, 15.934
meters to a non-tangent, 13 . 563 meter radius curve, at the
commencement of which a radial line bears South 130 26' 52" West;
thence westerly along said curve through a central angle of 66° 45'
34" an arc distance of 13 . 563 meters to the TRUE POINT OF
BEGINNING and whereat a radial line bears South 800 12 ' 26" West
CONTAINING 83 . 6 square meters (899 . 6 square feet) , more or
less .
This conveyance is made for the purpose of a freeway and the
grantor hereby releases and relinquishes to the grantee any and
all abutter' s rights including access rights, appurtenant to
grantor' s remaining property, in and to said freeway.
PARCEL 60093-5 Sanitary Sewer Easement (Sierra Pacific
Properties) :
An easement for the right to construct, reconstruct, replace,
remove, and maintain a sanitary sewer over a portion of Grantor' s
Property in Contra Costa County, California, as described in that
Deed recorded September 11 , 2001, as Number 2001-0271980-00 , in
the Office of the Contra Costa County Recorder, and shown on the
Parcel Map of a Portion of the Rancho Los Medanos , recorded July
14 , 1978 , in Book 69 PM, page 6, more particularly described as:
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20, 1992 , in Book 101
L . S . M . , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42 ' 14" West , 0 . 003meter (0 . 01
foot) to the northerly right of way line of State Route 4 , said
right of way line having a Bearing of South 720 17 ' 46" East (South
730 19' 19" East Record Bearing in Record of Survey Book 101
L . S . M . , page 13) ; thence South 720 17 ' 46" East , 355 . 382 meters
along said right of way line; thence leaving said right of way
23
line North 35° 37' 56" East, 10 . 513 meters to the proposed
northerly right of way line of State Route 4 and the TRUE POINT OF
BEGINNING; thence North 350 37 ' 56" East, 25 .250 meters to the
southerly line of that 3 . 048 meter (10 . 00 feet) wide Sanitary
Sewer Easement recorded in Book 16973 O. R. , Page 119 ; thence North
790 42' 41" East , 6 . 226 Meters along said southerly line to
Grantor' s easterly property line; thence leaving said Southerly
Sanitary Sewer Easement line South 000 51 ' 10" West , 0 .422 meter,
along said property line; thence leaving said property line South
350 37' 56" West, 27 . 885 meters, to the proposed northerly right of
way line of State Route 4 and a 84, 978 . 265 meter radius, non-
tangent curve, concave northerly, at the commencement of which a
radial line bears South 170 34 ' 03" West ; thence westerly along
said curve and said proposed right of way line through a central
angle of 00° 00' 1211 , an arc distance of 4 . 809 meters to the TRUE
POINT OF BEGINNING.
CONTAINING 122 . 8 square meters (1 , 321 square feet) , more or
less .
PARCEL 60093-6 Temporary Easement (Sierra Pacific Properties) :
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31, 2010) for construction
purposes and incidents thereto, upon, over, along and across a
portion of Grantor' s Property in Contra Costa County, California,
as described in that Deed recorded September 11, 2001 , as Number
2001-0271980-00 , in the Office of the Contra Costa County
Recorder, and shown on the Parcel Map of a Portion of the Rancho
Los Medanos, recorded July 14 , 1978, in Book 69 PM, page 6, more
particularly described as :
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20 , 1992 , in Book 101
L. S .M. , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 17° 42' 14" West, 0 . 003meter (0 . 01
foot) to the northerly right of way line of State Route 4 , said
right of way line having a Bearing of South 720 17 ' 46" East (South
73(' 19' 19" East Record Bearing in Record of Survey Book 101
L. S .M. , page 13) ; thence leaving said right of way line North 820
28 ' 56" East , 60 . 141 meters to the intersection of Grantors
Property Line and the southerly right of way line of North Park
Boulevard; thence along said Property Line North 490 44 ' 31" East,
24 . 300 meters to the TRUE POINT OF BEGINNING; thence the following
courses;
24
1 . North 490 44 ' 31" East , 5 . 925 meters ;
2 . South 420 50 ' 34" East , 12 . 767 meters ;
3 . South 51° 13 ' 38" East , 20 .468 meters ;
4 . South 60° 20 ' 26" East , 16 .326 meters ;
5 . South 72° 17 ' 01" East , 25 . 063 meters ;
6 . South 17° 42 ' 14" West , 3 . 140 meters ;
7 . North 72° 17 ' 46" West, 26 .071meters ;
8 . Along a 76 . 195 meter radius curve , concave northerly, through
a central angle of 260 28 ' 4411 , an arc distance of 35 . 213
meters;
9 . North 45° 49 ' 02" West , 16 . 031 meters to the TRUE POINT OF
BEGINNING.
CONTAINING 341 . 2 square meters (3 , 673 square feet) , more or
less .
The Grantor has full use of the encumbered area except for
the six-month period.
PARCEL 60093-8 Transmission Line Easement (Sierra Pacific
Properties) :
An easement for the right to erect, reconstruct , replace ,
remove, maintain and use a lines of poles with such wires and
cables as Grantee shall from time to time suspend therefrom for
the transmission of electric energy, and for communication
purposes, and all necessary and proper crossarms, guys, anchors
and other appliances and fixtures for the use in connection with
said poles, wires and cables together with a right of way, over,
under, upon, along, and across a portion of Grantor' s Property in
Contra Costa County, California, as described in that Deed
recorded September 11, 2001, as Number 2001-0271980-00, in the
Office of the Contra Costa County Recorder, and shown on the
Parcel Map of a Portion of the Rancho Los Medanos , recorded July
14 , 1978, in Book 69 PM, page 6, more particularly described as :
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20 , 1992 , in Book 101
L. S .M. , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42' 14" West, 0 . 003meter (0 . 01
foot) to the northerly right of way line of State Route 4 , said
right of way line having a Bearing of South 720 17' 46" East (South
73° 19' 19" East Record Bearing in Record of Survey Book 101
L. S .M . , page 13 ) ; thence South 72° 17 ' 46" East , 7 . 739 meters along
25
said right of way line to Grantor' s westerly property line; thence
North 58° 01 ' 26" East, 28 . 355 meters along said property line to
the TRUE POINT OF BEGINNING: thence South 600 56' 44" East, 4 . 107
meters; thence
South 67° 24 ' 42" East, 2 . 957 meters; thence South 74" 23 ' 22"
East , 153 . 008 meters ; thence South 150 16 ' 52" West , 3 . 000 meters ;
thence South 74° 23 ' 22" East , 11 . 448 meters ; thence South 710 59 '
06" East, 46 . 178 meters; thence North 180 06 ' 12" East, 3 . 000
meters; thence South 710 59' 06" East, 13 . 792 meters ; thence South
700 31' 37" East . 118 . 776 meters ; thence North 000 51 ' 10" East,
12 . 865 meters ; thence North 70031 ' 37" West, 114 . 823 meters; thence
North 710 59 ' 06" West, 13 . 950 meters; thence South 170 42' 14"
West , 7 ..424 meters; thence North 720 17' 46" West, 102 . 102 meters ;
thence North 17° 42 ' 14" East , 5 . 644 meters; thence North 740 23 '
22" West, 82 . 272 meters; thence South 490 44 ' 31" West , 9 . 552
meters to a 61 . 109 meter radius , non-tangent curve, concave
southerly, at the commencement of which a radial line bears North
440 11' 01" East; thence westerly along said curve through a
central angle of 70 55' 5511 , an arc distance of 8 . 460 meters;
thence North 530 44 ' 54'4 West, 5 . 870 meters to an 18 . 134 meter
radius, non-tangent curve, concave southerly, at the commencement
of which a radial line bears North 360 15 ' 06" East ; thence
westerly on said curve through a central angle of 240 50 ' 06" , an
arc distance of 7 . 860 meters to a 262 . 112 meter radius , non-
tangent curve, concave northwesterly, at the commencement of which
a radial line bears South 370 45 ' 36" East ; thence southwesterly
along said curve through a central angle of 02° 41' 00" , an arc
distance of 12 . 275 meters to the TRUE POINT OF BEGINNING.
CONTAINING 3 , 554 . 8 square meters (38 , 263 square feet) , more
or less .
Grantor further grants to Grantee :
(a) The right of ingress to and egress from said easement area
over and across said lands by means of roads and lanes thereon, if
such there be, otherwise by such route or routes as shall occasion the
least practicable damage and inconvenience to Grantor, provided, that
such right of ingress and egress shall not extend to any portion of
said lands which is isolated from said easement area by any public
road or highway, now crossing or hereafter crossing said lands;
(b) The right from time to time to trim and to cut down and clear
away or otherwise destroy any and all trees and brush now hereafter on
said easement area and to trim and to cut down and clear away any
trees on either side of said easement area which now or hereafter in
the opinion of Grantee may be a hazard to the facilities installed
hereunder by reason of the danger of falling thereon, or may interfere
26
with the exercise of Grantee' s rights hereunder; provided, however,
that all trees which Grantee is hereby authorized to cut and remove,
if valuable for timber or wood, shall continue to be the property of
Grantor, but all branches , brush, and refuse wood shall be burned,
removed, or chipped and scattered, by Grantee;
(c) The right from time to time to enlarge, improve, reconstruct ,
relocate and replace any poles constructed hereunder with any other
number of type of poles either in the original location or at any
alternate location or locations within said easement area;
(d) The right to install , maintain and use gates in all fences
which now cross or shall hereafter cross said easement area; and
(e) The right to mark the location of said easement area by
suitable markers set in the ground; provided that said markers shall
be placed in fences or other locations which will not interfere with
any reasonable use Grantor shall make of said easement area.
Grantee hereby covenant and agrees:
(a) Not to fence said easement area;
(b) To repair any damage it shall do to Grantor' s private roads
or lanes on said lands ; and
(c) To indemnify Grantor against any loss and damage which shall
be caused by the exercise of the rights hereby granted, or by any
wrongful or negligent act or omission of Grantee or of its agents or
. employees in the course of their employment , provided, however, that
this indemnity shall not extend to that portion of such loss or damage
that shall have been caused by Grantor' s comparative negligence or
willful misconduct .
Grantor reserves the right to use said easement area for purposes
which will not interfere with Grantee' s full enjoyment of the rights
hereby granted; provided that Grantor shall not erect or construct any
building or other structure, or drill or operate any well , or
construct any reservoir or other obstruction within said easement
area, or diminish or substantially add to the ground cover over said
facilities, or construct any fences that will interfere with the
maintenance and operation of said facilities .
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto, and
all covenants shall apply to and run with the land.
PARCEL 60093-9 Gas Line Easement (Sierra Pacific Properties) :
27
An easement for the right at any time, and from time to time ,
to excavate for, install , replace (of the initial or any other
size) , maintain and use such pipe lines as Grantee shall from time
to time elect for conveying gas , with necessary and proper valves
and other appliances and fittings, and devices for controlling
electrolysis for use in connection with said pipe lines, and such
underground wires, cables , conduits, and other electrical
conductors, appliances , fixtures and appurtenances, as Grantee
shall from time to time elect for communication purposes, together
with adequate protection therefor, and also a right of way, upon,
along, under and across a portion of Grantor' s Property in Contra
Costa County, California, as described in that Deed recorded
September 11 , 2001 , as Number 2001-0271980-00 , in the Office of
the Contra Costa County Recorder, and shown on the Parcel Map of a
Portion of the Rancho Los Medanos, recorded July 14 , 1978 , in Book
69 PM, page 6 , more particularly described as :
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20 , 1992 , in Book 101
L. S.M. , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42 ' 14" West, 0 . 003meter (0. 01
foot) to the northerly right of way line of State Route 4 , said
right of way line having a Bearing of South 72° 17' 46" East (South
73" 19' 19" East Record Bearing in Record of Survey Book 101
L. S .K.•, page 13) ; thence leaving said right of way line North 820
28 ' 56" East, 60 . 141 meters to the intersection of Grantors
Property Line and the southerly right of way line of North Park
Boulevard; thence along said Property Line North 490 44 ' 31" East ,
3 . 619 meters to the TRUE POINT OF BEGINNING; thence the following
courses;
1 . North 490 44 ' 31" East , 17 . 535 meters;
2 . South 06° 03 15" West, 18 . 993 meters ;
3 . South 62° 02 ' 09" East, 27 . 966 meters ;
4 . South 660 38 ' 17" East , 30 . 304 meters ;
S . South 710 51 ' 55" East, 101 . 615 meters;
6 . South 700 42 ' 41" East, 38 . 223 meters ;
7 . South 72° 24 ' 4511 East, 111 .457 meters to Grantor' s
easterly Property Line .
8 Along said Property Line South 000 51 ' 10" West, 4 .774
meters ;
9 . Leaving said Property Line North 720 24 ' 45" West, 112 . 899
meters ;
10 . North 700 42 ' 41" West, 38 . 245 meters ;
11 . North 710 51 ' 55" West, 101 .778 meters ;
12 . North 66° 38 ' 17" West, 30 . 697 meters ;
13 . North 62° 02 ' 09" West, 39 . 365 meters ;
28
14 . North 060 03 ' 15" East , 6 : 370 meters to Grantor' s westerly
Property Line and the TRUE POINT OF BEGINNING.
CONTAINING 1 , 599 . 6 square meters (17 , 218 square feet) , more
or less .
Grantor further grants to Grantee :
(a) the right of ingress to and egress from said easement
area over and across said lands by means of roads and lanes
thereon, if such there be, otherwise by such route or routes as
shall occasion the least practicable damage and inconvenience to
Grantor, provided, that such right of ingress and egress shall not
extend to any portion of said lands which is isolated from said
easement area by any public road or highway, now crossing . or
hereafter crossing said lands;
(b) the right from time to time to trim and to cut down and
clear away or otherwise destroy any and all trees and brush now or
hereafter on said easement area and to trim and to cut down and
clear away any trees on either side of said easement area which
now or hereafter in the opinion of Grantee may be a hazard to the
facilities installed hereunder by reason of the danger of falling
thereon, or may interfere with the exercise of Grantee' s rights
hereunder; provided, however, that all trees which Grantee is
hereby authorized to cut and remove, if valuable for timber or
wood, shall continue to be, the property of Grantor, but all
branches, brush, and refuse wood shall be burned, removed, or
chipped and scattered, by Grantee;
(c) the right to use such portion of said lands contiguous to
said easement area as may be reasonably necessary in connection
with the installation and replacement of said facilities;
(d) the right to install , maintain and use gates in all
fences which now cross or shall hereafter cross said easement
area ; and
(e) the right to mark the location of said easement area by
suitable markers set in the ground; provided that said markers
shall be placed in fences or other locations which will not
interfere with any reasonable use Grantor shall make of said
easement area .
Grantee hereby covenant and agrees :
(a) not to fence said easement area;
(b) to promptly backfill any excavations made by it on said
easement area and repair any damage it shall do to Grantor ' s
private roads or lanes on said lands; and
29
(c) to indemnify Grantor against any loss and damage which
shall be caused by the exercise of the rights herein granted, or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment , provided,
however, that this indemnity shall not extend to that portion of
such loss or damage that shall have been caused by Grantor' s
comparative negligence or willful misconduct .
Grantor reserves the right to use said easement area for
purposes which will not interfere with Grantee' s full enjoyment of
the rights hereby granted; provided that Grantor shall not erect
or construct any building or other structure, or drill or operate
any well , or construct any reservoir or other obstruction within
said easement area, or diminish or substantially add to the ground
cover over said facilities, or construct any fences that will
interfere with the maintenance and operation of said facilities.
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto, and
all covenants shall apply to and run with the land.
PARCEL 60093 -10 Temporary Easement (Sierra Pacific Properties) :
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31, 2010) for construction
purposes and incidents thereto, upon, over, along and across a
portion of Grantor' s Property in Contra Costa County, California,
as described in that Deed recorded September 11, 2001 , as Number
2001-0271980-00 , in the Office of the Contra Costa County
Recorder, and shown on the Parcel Map of a Portion of the Rancho
Los Medanos , recorded July 14 , 1978 , in Book 69 PM, page 6 , more
particularly described as :
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20, 1992 , in Book 101
L . S .M. , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42 ' 14" West, 0 . 003meter (0 . 01
foot) to the northerly right of way line of State Route 4 , said
right of way line having a Bearing of South 720 17' 46" East (South
730 19' 19" East Record Bearing in Record of Survey Book 101
L . S .M. , page 13 ) ; thence leaving said right of way line North 860
55 ' 53" East , 53 . 811 meters to a point on the proposed northerly
right of way line of State Route 4 and being the TRUE POINT OF
BEGINNING;
thence the following courses;
1 . North 49° 44 ' 31" East , 31 . 818 meters;
2 . South 460 29' 41" East, 19 . 856 meters;
30
3 . Easterly on a non-tangent 77 . 756 meter radius curve,
concave northerly, at the commencement of which a radial
line bears South 410 11 ' 20" West, through a central angle
of 20° 55' 10" , an arc distance of 28 . 390 meters ,
4 . South 720 15 ' 13" East , 136 . 933 meters ;
5 . South 390 38 ' 54" East, 6 . 806 meters;
6 . South 690 49 ' 58" East , 30 . 160 meters ;
7 . South 720 23 ' 43" East , 70 . 828 meters ;
8 . South 750 2753" East, 6 . 393 meters;
9 . North 140 32 ' 07" East, 9 . 571 meters ;
10 . South 710 00 ' 57" East, 10 . 191 meters ;
11 . South 000 51' 10" West, 26 . 885 meters to a point on the
proposed northerly right of way line of State Route 4;
12 . Westerly on a non-tangent 84 , 978 .265 meter radius curve,
concave northerly, at the commencement of which a radial
line bears South 170 33 ' 23" West, through a central angle
of 000 06' 0711 , an arc distance of 151 . 372 meters;
13 . North 170 42 ' 33" East , 1 . 678 meters;
14 . North 720 17 ' 27" West, 91 .271 meters;
15 . Westerly on a non-tangent 208 .385 meter radius curve,
concave northerly, at the commencement of which a radial
line bears South 170 42 ' 33" West, through a central angle
of 060 12 ' 09" , an arc distance of 22 . 558 meters;
16 . North 66" 05 ' 18" West, 36 . 998 meters;
17 . North 670 24 ' 42" West, 1 . 922 meters to an angle point on
the proposed northerly, right of way line of State Route 4;
18 . Continuing on said proposed line North 670 24 ' 42" West,
25 . 962 meters to the TRUE POINT OF BEGINNING.
CONTAINING 6, 113 . 8 square meters (1 . 5107382 Acres) , more
or less .
The Grantor has full use of the encumbered area except for
the six-month period.
PARCEL 60093-11 M.S .E. Wall Easement (Sierra Pacific Properties) :
An easement for the purposes of maintenance and construction
of a Mechanically Stabilized Earth Wall (M. S . E . Wall) and
incidents thereto, over, under, along and across a portion of
Grantor' s Property in Contra Costa County, California, as
described in that Deed recorded September 11, 2001 , as Number
2001-0271980-00, in the Office of the Contra Costa County
Recorder, and shown on the Parcel Map of a Portion of the Rancho
Los Medanos, recorded July 14 , 1978 , in Book 69 PM, page 6 , more
particularly described as :
31
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20 , 1992 , in Book 101
L. S .M. , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42 ' 14" West , 0 . 003meter (0 . 01
foot) to the northerly right of way line of State Route 4, said
right of way line having a Bearing of South 72° 17 ' 46" East (South
730 19 ' 19" East Record Bearing in Record of Survey Book 101
L. S .M. , page 13) ; thence South 720 17' 46" East , 383 . 080 meters
along said Route 4 right of way line to Grantor' s easterly
property line; thence leaving said right of way line North 000 51'
10" East, 10 . 507 meters to a point on the proposed northerly right
of way line of State Route 4 , and being the TRUE POINT OF
BEGINNING; thence continuing on said easterly property line North
000 51' 10" East , 2 . 819 meters to a 84 , 975 . 56 meter radius non-
tangent curve, concave northerly, at the commencement of
which a radial line bears South 170 33 ' 25" West ; thence westerly
along said curve through a central angle of 000 06' 0511 , an arc
distance of 150 . 554 meters ; thence South 17° 42 ' 33" West, 2 . 700
meters to the proposed northerly right of way line of State Route
4 and a non-tangent curve of 84 , 978 . 265 meter radius, concave
northerly, at the commencement of which a radial line bears South
170 39' 30" West ; thence easterly along said proposed line through
a central angle of 000 06 ' 0711 , an arc distance of 151 .372 meters
to Grantor' s easterly property line and the TRUE POINT OF
BEGINNING.
CONTAINING 407 . 6 square meters (4 , 387 square feet) , more or
less .
Together with the right of ingress to and egress from the
above described parcel of land, by way of such roads or
passageways as may now or hereafter exist to sufficiently
accommodate Grantee' s maintenance and or construction equipment,
to include, but not limited to its maintenance vehicle, over,
along and across grantor' s remaining property; provided, however,
that Grantee shall not unreasonably interfere with Grantor' s use
of such roads or passageways .
Grantor, hereby reserves the right to use said easement area
for purposes which will not interfere with Grantee' s full
enjoyment of the rights hereby granted; provided that Grantor, its
successors or assigns shall not erect , place or construct any
permanent building or other structures, construct any fence, or
plant or install anything that will interfere with the rights
herein granted to Grantee within said easement area.
PARCEL 60093-12 Praxair Water Line Easement (Sierra Pacific
Properties) :
32
An easement for the right to construct , reconstruct, replace,
remove, and maintain a Water Line Easement over a portion of
Grantor' s Property in Contra Costa County, California, as
described in that Deed recorded September 11 , 2001 , as Number
2001-0271980-00 , in the Office of the Contra Costa County
Recorder, and shown on the Parcel Map of a Portion of the Rancho
Los Medanos, recorded July 14 , 1978 , in Book 69 PM, page 6, more
particularly described as :
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20, 1992 , in Book 101
L. S.M . , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42 ' 14" West, 0 . 003meter (0 . 01
foot) to the northerly right of way line of State Route 4 , said
right of way line having a Bearing of South 720 17 ' 46" East (South
730 19' 19" East Record Bearing in Record of Survey Book 101
L. S .M . , page 13) ; thence South 720 17 ' 46" East, 160 . 558 meters;
thence leaving said right of way line North 17" 16 ' 50" East , 9 . 774
meters to a point on the proposed northerly right of way line of
State Route 4 and being the TRUE POINT OF BEGINNING; thence North
17° 16 ' 50" East , 7 . 484 meters; thence North 620 25' 22" East ,
5 . 788 meters; thence South 010 27' 04" West , 3 .486 meters; thence
South 620 25' 22" West, 2 . 830 meters; thence South 170 16' 50"
West , 6 . 240 meters to the proposed northerly right of way line of
State Route 4 ; thence westerly along said proposed right of way
line on a 84 , 978 . 265 meter radius, non-tangent curve, concave
northerly, at the commencement of which a radial line bears South
170 42 ' 08" West , through a central angle of 000 00 ' 07" , an arc
distance of 3 . 048 meters to the TRUE POINT OF BEGINNING.
CONTAINING 34 . 0 square meters (366 square feet) , more or
less .
PARCEL 60093 -13 Temporary Easement (Sierra Pacific Properties) :
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31 , 2010) for construction
purposes and incidents thereto, upon, over, along and across a
portion of Grantor' s Property in Contra Costa County, California,
as described in that Deed recorded September 11, 2001, as Number
2001-0271980-00 , in the Office of the Contra Costa County
Recorder, and shown as Parcel "'B' 17351 OR 216" on the Record of
Survey recorded August 20, 1992 , in Book 101 of L . S .M. , page13 ,
and more particularly described as:
COMMENCING at the westernmost corner of said Parcel "B" ;
thence
33
northeasterly along that 11540 feet" (164 . 582 meter) radius curve ,
concave southerly, described in said Record of Survey, through a
central angle of 02" 51' 4011 , an arc distance of 8 .218 meters ,
whereat a radial line bears North 240 50' 24" West and being the
TRUE POINT OF BEGINNING; thence continuing on said curve through a
central angle of 09" 33 ' 5411 , an arc distance of 27 . 475 meters ;
thence South 230 38 ' 50" East, 3 . 000 meters to a 161 . 582 meter
radius, non-tangent curve, concave southeasterly, at the
commencement of which a radial line bears North 230 38 ' 50" West ;
thence along said curve through a central angle of 08° 49' 5411 , an
arc distance of 24 . 906 meters; thence South 240 50' 24" East,
15 . 568 meters to a 13 . 563 meter radius, non-tangent
curve, concave northerly, at the commencement of which a radial
line bears South 14° 09' 09" East ; thence westerly along said curve
through a central angle of 270 36 ' 0111 , an arc distance of 6 . 533
meters; thence North 120 30 ' 22" West , 15 . 934 meters to the TRUE
POINT OF BEGINNING.
CONTAINING 150 . 0 square meters (1, 614 . 6 square feet) , more or
less .
The Grantor has full use of the encumbered area except for
the six-month period.
PARCEL 60093 - 14 Temporary Easement (Sierra Pacific Properties) :
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31 , 2010) for construction
purposes and incidents thereto, upon, over, along and across a
portion of Grantor' s Property in Contra Costa County, California,
as described in that Deed recorded September 11, 2001 , as Number
2001-0271980 - 00 , in the Office of the Contra Costa County
Recorder, and shown on the Parcel Map of a Portion of the Rancho
Los Medanos, recorded July 14 , 1978 , in Book 69 PM, page 6 , more
particularly described as :
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20 , 1992, in Book 101
L. S . M. , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42 ' 14" West, 0 . 003meter (0 . 01
foot) to the northerly right of way line of State Route 4 , said
right of way line having a Bearing of South 72' 17 ' 46" East (South
730 19' 19" East Record Bearing in Record of Survey Book 101
L. S . M. , page 13 ) ; thence South 72" 17 ' 46" East, 7 . 739 meters along
said right of way line to Grantor' s westerly property line ; thence
North 800 11 ' 56" East , 279 . 995 meters to the TRUE POINT OF
34
BEGINNING: thence North 00° 56 ' 21" East , 18 .598 meters ; thence
South 890 03 ' 39" East , 99 . 194 meters; thence South 000 56 ' 21"
West , 19 . 494 meters ; thence North 880 32 ' 35" West , 99 . 198 meters
to the TRUE POINT OF BEGINNING.
CONTAINING 1 , 889 . 2 square meters (20, 336 square feet) , more
or less .
The Grantor has full use of the encumbered area except for
the six-month period.
PARCEL 60093 -15 Temporary Easement (Sierra Pacific Properties) :
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31 , 2010) for construction
purposes and incidents thereto, upon, over, along and across a
portion of Grantor' s Property in Contra Costa County, California,
as described in that Deed recorded September 11, 2001 , as Number
2001-0271980-00, in the Office of the Recorder of Contra Costa
County, and more particularly described as :
COMMENCING at the 1-1/4 inch Iron Pipe found at the northeast
corner of that tract of land shown on the Record of Survey
recorded August 20 , 1992 in Book 101 of L. S.M. at Page 13 , Contra
Costa Records ; thence South 160 48 ' 10" West (South 150 46' 04"
West Record Bearing on said Record of Survey) , 5 . 734 meters to the
southerly right of way line of the City of Pittsburg' s Right of
Way as shown in Book 17152 of Official Records, Page 659, recorded
January 15 , 1992 ; thence North 890 03 ' 39" West, 37 . 158 meters
along said right of way line to the TRUE POINT OF BEGINNING;
thence South 890 03 ' 39" East , 13 . 355 meters along said right of
way line to a 13 . 563 meter radius non-tangent curve , concave
westerly, at the commencement of which a radial line bears North
680 27' 17" East ; thence southerly along said curve through a
central angle of 380 25' 1711 , an arc distance of 9 . 095 meters;
thence South 16° 52 ' 48" West , 4 . 084 meters to a 8 . 991 meter radius
curve, concave northwesterly; thence along said curve through a
central angle of 490 44' 2811 , an arc distance of 7 . 806 meters to
the southerly Southern Pacific Right of Way Line and whereat a
radial line bears South 230 22 ' 44" East (said Southern Pacific
Right of Way Line is described in Book 6226, Official Records,
Page 420, recorded October 2 , 1970) ; thence North 890 03' 39" West,
7 . 800 meters along said Southern Pacific right of way line; thence
leaving said Southern Pacific right of way line North 000 56 ' 21"
East, 18 . 562 meters to the said City of Pittsburg right of way
line and the TRUE POINT OF BEGINNING.
CONTAINING 241 . 1 square meters (2 , 595 square feet) , more or
less .
35
The Grantor has full use of the encumbered area except for
the six-month period.
PARCEL 60093 -16 M.S.E . Wall Footing Easement (Sierra Pacific
Properties) :
An easement for the purposes of maintenance and construction of a
Mechanically Stabilized Earth Wall (M.S.E. Wall) Footing and
incidents thereto, over, under, along and across a portion of
Grantor' s Property in Contra Costa County, California, as
described in that Deed recorded September 11 , 2001 , as Number
2001-0271980-00 , in the Office of the Contra Costa County
Recorder, and shown on the Parcel Map of a Portion of the Rancho
Los Medanos, recorded July 14 , 1978, in Book 69 PM, page 6, more
particularly described as :
COMMENCING at the 1-1/4 inch Iron Pipe found 25 . 39 feet
westerly of Grantor' s most westerly property corner, as shown on
that Record of Survey recorded August 20, 1992 , in Book 101
L. S . M. , page 13 , said point being near the northerly right of way
line of State Route 4 and the easterly right of way line of
Loveridge Road; thence South 170 42' 14" West , 0 . 003meter (0. 01
foot) to the northerly right of way line of State Route 4, said
right of way line having a Bearing of South 720 17' 46" East (South
73" 19' 19" East Record Bearing in Record of Survey Book 101
L. S .M. , page 13) ; thence leaving said right of way line North 86"
55 ' 53" East , 53 . 811 meters to a point on the proposed northerly
right of way line of State Route 4 ; thence along said line South
670 24 ' 42" East, 25 . 963 meters to the TRUE POINT OF BEGINNING;
thence the following courses;
1 . Leaving said proposed line and continuing South 670 24' 42"
East, 1 . 922 meters ;
2 . South 660 05' 18" East , 36 . 998 meters;
3 . Easterly along a 208 . 385 meter radius curve , concave
northerly, through a central angle of 060 12 ' 0911 , an arc
distance of 22 . 558 meters;
4 . South 720 17' 27" East , 91 . 271 meters ;
5 . South 170 42' 33" West , 1 . 678 meters to said proposed right of
way line;
6 . Along said proposed right of way line on an 84 , 978 . 265 meter
radius curve, concave northerly, through a central angle of
000 03 ' 51" , an arc distance of 95 .243 meters ;
7 . Along said proposed right of way line North 680 29 ' 52" West,
32 . 124 meters;
8 . Along said proposed right of way line on a 100 . 200 meter
radius curve, concave northerly, through a central angle of
36
140 43' 08", an arc distance of 25 . 741 meters to the TRUE
POINT OF BEGINNING.
CONTAINING 261 . 7 square meters (2, 817 square feet) , more or
less .
Together with the right of ingress to and egress from the above
described parcel of land, by way of such roads or passageways as
may now or hereafter exist to sufficiently accommodate Grantee' s
maintenance and or construction equipment, to include, but not
limited to its maintenance vehicle, over, along and across
grantor' s remaining property; provided, however, that Grantee
shall not unreasonably interfere with Grantor' s use of such roads
or passageways .
Grantor, hereby reserves the right to use said easement area for
purposes which will not interfere with Grantee' s full enjoyment of
the rights hereby granted; provided that Grantor, its successors
or assigns shall not erect, place or construct any permanent
building or other structures, construct any fence, or plant or
install anything that will interfere with the rights herein
granted to Grantee within said easement area .
37
PARCEL 60130-3 Transmission Line Easement (Camino Investments) :
An easement for the right to erect, construct , reconstruct,
replace, remove, maintain and use a line of poles with such wires
and cables as State shall from time to time suspend therefrom for
the transmission and distribution of electric energy, and for
communication purposes, and all necessary and proper crossarms ,
guys, anchors and other appliances and fixtures for use in
connection with said poles, wires and cables, together with a
right of way, over, under, upon, along and across a portion of
Parcel "A" , as said Parcel "A" is shown on the PARCEL MAP, filed
September 22 , 1997 , in Book 172 of Parcel Maps, Page 24 , in the
Office of the County Recorder of Contra Costa County, State of
California, said portion being more particularly described as
follows:
Beginning at the most westerly corner of said
Parcel "A" ; thence North 17°42' 14" East, along the northwesterly
line of said Parcel "A" , 5 . 644 meters ; thence South 74023 ' 22" East
43 . 918 meters to the southeasterly line of said Parcel "A" ; thence
South 17042 ' 14" West, along said southeasterly line, 7 . 248 meters
to the most southerly corner of said Parcel "A" ; thence North
72017146" West , along the southwesterly line of said Parcel "A" ,
43 . 889 meters to the Point of Beginning.
Owner further conveys to State :
(a) The right of ingress to and egress from
said easement area over and across said lands by means of roads
and lanes thereon, if such there be, otherwise by such route or
routes as shall occasion the least practicable damage and
inconvenience to Owner, provided, that such right of ingress and
egress shall not extend to any portion of said lands which is
isolated from said easement area by any public road or highway,
now crossing or hereafter crossing said lands,
(b) The right from time to time to trim and to cut down and
clear away or otherwise destroy any and all trees and brush now
hereafter on said easement area and to trim and to cut down and
clear away any trees on either side of said easement area which
now or hereafter in the opinion of State may be a hazard to
facilities installed hereunder by reason of the danger of falling
thereon, or may interfere with the exercise of State' s rights
hereunder; provided, however, that all trees which State is hereby
authorized to cut and remove, if valuable for timber or wood,
shall continue to be the property of Owner, but all branches,
brush, and refuse wood shall be burned, removed, or chipped and
scattered by State;
38
(c) The right from time to time to enlarge, improve , reconstruct,
relocate and replace any poles constructed hereunder with any other
number of type of poles either in the original location or at any
alternate location or locations within said easement area;
(d) The right to install, maintain and use gates in all
fences which now cross or shall hereafter cross said easement area;
and
(e) The right to mark the location of said easement
area by suitable markers set in the ground; provided that said markers
shall be placed in fences or other locations which will not interfere
with any reasonable use Owner shall make of said easement area .
State hereby covenants and agrees :
(a) Not to fence said easement area;
(b) To repair any damage it shall do to Owner' s
private roads or lanes on said lands; and
(c) To indemnify Owner against any loss and damage
which shall be caused by the exercise of the rights hereby
conveyed, or by any wrongful or negligent act or omission of State
or of its agents or employees in the course of their employment,
provided, however, that this indemnity shall not extend to that
portion of such loss or damage that shall have been caused by
Owner' s comparative negligence or willful misconduct .
Owner reserves the right to use said easement area for
purposes which will not interfere with State' s full enjoyment of
the rights hereby conveyed; provided that Owner shall not erect or
construct any buildings or other structure, or drill or operate
any well , or construct any reservoir or other obstruction within
said easement area, or diminish or substantially add to the ground
cover over said facilities, or construct any fences that will
interfere with the maintenance and operation of said facilities .
The provisions hereof shall inure to the benefit of and bind
the successors and assigns of the respective parties hereto, and
all covenants shall apply to and run with the land.
CONTAINING 282 . 9 square meters (3 , 045 . 11 square feet) , more
or less .
39
PARCEL 60912-1 Temporary Construction Easement (Peppe=ill
Casinos)
A temporary easement (for a period of six (6) consecutive
months expiring no later than March 31 , 2010) for construction
purposes and incidents thereto, upon, over, along and across a
portion of Parcel B, as said Parcel B is shown on the Parcel Map,
filed August 14 , 1984 , in Book 111 of Parcel Maps , Page 16 , in the
Office of the County Recorder of Contra Costa County, State of
California, said portion being more particularly described as
follows :
Beginning at the northwesterly corner of said Parcel B; thence
South 89°03 ' 39" East, along the northerly line of said Parcel B,
9 . 343 meters ; thence South 0056' 21" West
25 . 028 meters ; thence North 89003139" West 16 . 455 meters to the
westerly line of said "Parcel B" ; thence North 16048 ' 10" East,
along said westerly line, 26 . 019 meters to the Point of Beginning.
Containing 322 . 8 square meters, more or less .
The Grantor has full use of the encumbered area except for the
six-month period.
The bearings and distances used in all of the above
descriptions are on the California Coordinate System of 1983 , Zone
3 . Multiply the above distances by 1 . 0000632 to obtain ground
level distances .
These real property descriptions have been prepared by me, or
under my direction, in conformance with the Professional Land
Surveyors Act .
y
Signature
Lie�Fiise and Surveyor
Date ) C
�pND 8
D TA
�' EXp. I L51 Q
� NO• s
qTE OF
40
EXHIBIT "C"
Caltrans #4-2055
CCTA #90.14.15
COOPERATIVE AGREEMENT
AMONG
COUNTY OF CONTRA COSTA,
TAE STATE OF CALIFORNIA,
AND THE CONTRA COSTA TRANSPORTATION AUTHORITY
FOR THE ACQUISITION OF REAL PROPERTY NECESSARY FOR
THE STATE ROUTE 4 (E)WIDENING—.LOVERIDGE TO SOMERSVII",LE PROJECT
THIS AGREEMENT is effective the day of � t 2006 among the COUNTY
OF CONTRA COSTA,a political subdivision ofthe State of Califo is(referred to herein as COUNTY),
the STATE OF CALIFORNIA,acting by and through its Department of Transportation(referred to herein
as STATE),and the CONTRA COSTA TRANSPORTATION AUTHORITY,a public entity(referred to
herein as AUTHORITY)pursuant to the provisions of California Streets and Highways Code section 130.
COUNTY, STATE and AUTHORITY are collectively referred to herein as the Parties.
RECITALS
A. The project that is the subject ofthis Agreement consists of the widening and improving of State
Highway Route 4 from west ofLoveridge Road to west of Somersville Road,reconstruction ofthe
Loveridge Road interchange,and the replacement ofthe CenturyBlvd.overcrossing,togetherwith
the acquisition of land necessary for said project (hereinafter collectively referred to as "Project").
B. STATE and COUNTY intend bythisAgreement tojointlyexercise theirpowersofeminentdomain
pursuant to Code of Civil Procedure section 1240.140 and Streets and Highways Code section 760.
The purpose ofthis Agreement is to allocate responsibilities as between AUTHORITY,STATE and
COUNTY for the acquisition ofpropertynecessary or convenient for the Project including,but not
limited to,the exercise of the power of eminent domain.This Agreement does not constitute the
creation of an agency or entity which is separate from the Parties.
C. The property or interests therein to be acquired pursuant to this Agreement are listed in Exhibit A,
attached hereto and incorporated herein by this reference(hereinafter the"Property").
D. On July 21,2005,STATE approved the proposed Project and adopted an Environmental Impact
Report pertaining to this Project that was certified on July 21,2005. On June 27,2006,COUNTY
approved the proposed Project and adopted the certified Environmental Impact Report pertaining to
this Proj ect. On October 19,2005, AUTHORITY approved the proposed Proj ect and adopted the
certified Environmental Impact Report pertaining to this Project.The certified Environmental Impact
Report authorizes the acquisition of the properties necessary for the Project.
AGREEMENT
1. Term. The term ofthis Agreement shall be from the effective date until the Property described in this
Agreement is acquired by STATE and all related right-of-way activities for the Proj ect are completed
by STATE or June 30,2012,whichever shall first occur.
2. STATE's Obligations. STATE will be responsible for acquiring the Property necessary for the
Project. STATE will exercise the necessary powers relating to property acquisition for the Project,
Page 1 of 7
July 14,2006 H:ICONDEWPACouniyCeltnnsRON07-14-06F[NAL.wpd
with the exception ofholding resolution ofnecessity bearings. With that exception,STATE will have
the power to take whatever steps are necessaryto initiate and conduct to a conclusion such eminent
domain proceedings as are necessaryto obtain titleto anyand all of the Property and,in connection
therewith,to perform or enter into one or more contracts to obtain performance of all required legal,
engineering, appraisal, right-of-way, relocation assistance and related services.
a. If STATE is unable to acquire some or all ofthe Propertybynegotiation,STATE mayrequest
in writing that COUNTY hold one or more hearing(s)pursuant to Streets and Highways
Code Section 760 and Code of Civil Procedure section 1245.235 for purpose ofconsidering
the adoption of one or more resolutions)ofnecessity to acquire some or all ofthe Property
necessary for the Project. Each hearing request shall be submitted to the COUNTY's
Principal Real Property Agent in the COUNTY's Public Works Department at least forty-five
(45)days before the date requested forbearing on the applicable resolution ofnecessity and
shall contain,in a complete and organized package,the documents and information described
below,as well as any other information deemed necessary or helpful by COUNTY's Public
Works Department. COUNTY's Public Works Department will advise STATE whether
further information is needed no later than twenty-five(25)days after receipt of STATE's
timely hearing request.
(1) The name(s),address(es)and telephone number(s)of the STATE representatives
making the request;the name(s),address(es)and telephone number(s)of the STATE
representatives who will be appearing at the hearing on the resolution ofnecessityand
the name(s),address(es)and telephone number(s)ofthe attorney(s)representing
STATE in any proposed eminent domain action.
(2) The name,address and telephone number of each person whose property interest is
to be acquired by eminent domain and whose name and address appears on the last
equalized county assessment roll.
(3) A legal description(metes and bounds)and platmap(drawn to scale)ofthe property
proposed to be condemned.
(4) Copies of the Government Code section 7267.2 offers made to property owners,
evidence that the offers were received and copies of any counter-offers.
(5) A statement describing compliancewith the Relocation Assistance Act. A copyof
any environmental impact report addenda,supplemental reports,or other applicable
environmental documents that have not previously been provided to COUNTY.
STATE will undertake all activities in compliance with applicable laws and
Department policy.
(6) STATE wil l allow COUNTY Real Property staffto review the market value appraisal
or appraisals for the subject Properties. STATE's allowing such review by specified
COUNTY staffis not and shall not be construed to be a waiver ofthe confidentiality
Page 2 of 7
July 14.2006 HACONDEMVPACoumyCelira nsRON07.14-06FQJAL.wpd
of said appraisals and any COUNTY staffreviewing the appraisals shall maintain the
confidentiality thereof.
(7) A draftresolution of necessity that complies with Code of Civil Procedure section
1245.230 and Streets and Highways Code section 760 in hard-copy and electronic
format.
(8) A draft Contra Costa County Board Order which details all ofthe facts and evidence
that support the findings required by Code of Civil Procedure section 1245.230(c)
and Streets and Highways Code section 760, in hard-copy and electronic format.
(9) STATE will prepare and send out notices ofthe hearing on the resolution ofnecessity
that comply with the alternate procedure adopted by COUN'T'Y under Code ofCivil
Procedure section 1245.235, and provide copies to COUNTY's Public Works
Department.
b. STATE representatives will appear at resolution of necessity hearings,will present the
proposed resolutions) to COUNTY's governing body,will be prepared to answer the
questions of COUNTY's governing body,and will introduce evidence and testimony sufficient
to support adoption ofthe proposed resolution ofnecessityand the findings contained therein
C. If COUNTY adopts a resolution of necessity, upon receipt of a certified copy of the
resolution ofnecessity,STATE shall file any legal action in the name of STATE and shall
handle all legal proceedings necessaryto obtain possession and title to the Property. STATE
will file any legal actions necessary to acquire the Property no later than six(6)months
following the date of adoption of the resolution of necessity. All Property acquired by
negotiation,settlement condemnation award or otherwise shall be acquired in thename of
STATE.
3. COUNTY's Obligations.COUNTY will conduct one or more public hearing(s)at which COUNTY
Board of Supervisors will consider the adoption of one or more resolution(s)of necessity. Upon
receipt ofa complete and timely request from STATE and satisfaction of all noticing requirements,
COUNTY will hold ahearing pursuant to Streets and Highways Code Section 760 and Code of Civil
Procedure section 1245.235 for purposes of consi dering the adoption of a resolution ofnecessity to
acquire some or all of the Property by eminent domain.If a resolution of necessity is adopted,
COUNTY wi ll forward a certi fled copy of the resolution of necessityto STATE at the address shown
below within five(5)working days.
4. AUTHORN Y's Obligations. AUTHORITY will administer this Agreement and will pay all costs and
expenses associated with COUNTY's participation in the matters covered by this Agreement
including,but not limited to,costs associated with CountyCounsel and Public Works Department
staff. Through September 30,2006,0 services rendered by County Counsel's Office attorney staff
will be charged to AUTHORITY at the rate of$]70.00 per hour. Through September 30,2006,
services rendered by County Counsel's Office legal clerical staffwill be charged to AUTHORITY at
the rate of$50.00perhour. Commencing October],2006,County Counsel's billing rates maybe
Page 3 of 7
July 14.2006 HACONDEMI1PACoumyCaltans RON07-14-06FMALwyd
adjusted annually upon thirty(30)days priorwritten notice to AUTHORITY. Billing statements will
be submitted on no less than a quarterly basis. All services rendered byPubl'ic Works Department
staff shall be paid at the rates shown on Contract 181,as amended,previously entered into between
AUTHORITY and COUNTY,and as it may be amended from time to time. Said rates may be
adjusted in accordance with the usual practice between the Public Works Department and
AUTHORITY,and billing statements shall be submitted in accordance with usual practices between
the Public Works Department and AUTHORITY. Reasonable expenses will bebilled at the actual
cost incurred. Compensation payable byAUTHORITY to COUNTY under&ds Section 4 shall not
exceed $25,000 without further written agreement of COUNTY and AUTHORITY.
5. Costs and Expenses ofPropg!yAgquisition. COUNTY will have no responsibility to pay any ofthe
costs or expenses related to acquisition of the Property. These costs will bepaid by,and have been
or will be allocated between,STATE and AUTHORITY by separate agreement.These costs and
expenses include,but are not necessarily limited to the following:
a. The deposit necessary to obtain immediate possession of the Property.
b. repurchase price or compensation for the Property,whether determined through settlement,
judgment or otherwise.
C. The cost of relocation assistance and related services, including relocation benefits, if any.
d. Compensation for loss of business goodwill, if any.
C. The cost of preparing environmental documents and performing environmental review
necessary to comply with the provision of the Cali fomia'Environmental Quality Act.
f. Legal,engineering,appraisal,attorneys'and witness fees,costs of suit,and other litigation
expenses,whether incurred prior to trial, at trial or on appeal.
g. Costs payable upon abandonment of the condemnation proceedings.
h. Costs awarded upon a finding of no or insufficient public use or necessity.
i. All other costs for right-of-way activities.
6. Indemnification. To the fullest extentpermitted by California law,STATE and AUTHORITY agree
to use Project funds to defend,indemnify,save,protect,and hold harmless COUNTY,its governing
body,officers,and employees from and against any and all loss,damage,liability,expense,claims or
demands ofwhatever character,direct or consequential,including but not limited to attorneys fees and
court costs,challenging the legality of any aspect of this Agreement or otherwise arising from or
connected with any action taken by COUNTY,its agents, employees,departments,officers or
officials pursuant to this Agreement.COUNTY's right to be defended,indemnified,saved,protected
and held harmless hereunder shall be unaffected by the concurrent,active or passive negligence or
wrongful conduct of COUNTY or any otherperson or entity.This provision applies to,but is not
Page 4 of 7
July 14,2006 H:\CONDEMv IPACoumyCalinnsRON07-14-06FINAL.wpd
limited to,any inverse condemnation actions brought as a result of STATE's failure to commence an
eminent domain action for the subject Propertywithin six(6)months after the date of the adoption of
any resolution ofnecessityby COUNI'Y's governing body. The Parties'rights and obligations under
this section shall survive termination of this Agreement.
7. Entire Ap-eement•Amendments. Except as provided in Section 8 hereinbelow,the Parties have
herein set forth the wholeoftheir agreement.All prior understandings or agreements,oral orwritten,
of whatsoever nature regarding this matter are superseded and ternunated by this Agreement and are
hereby abrogated and nullified. This Agreement shall not be modi fi ed in any manner except by an
instrument in writing executed by the Parties or their respective successors in interest.
8. Other Agreements.There are other agreements among the Parties which pertain to this Project.
Except as specifically provided herein,this Agreement is not intended to alteror supercede those
agreements.The terms of this Agreement shall take precedence only over any conflicting terms in any
of the other agreements as they relate to the Property acquisition issues specifically addressed in this
Agreement. Ifthere is a dispute as to whether another agreement has been superceded by orconflicts
with this Agreement, the Parties will meet and confer in good faith to resolve the issue.
9. Notices.Anynotice required under this Agreement will be in waiting and personallydelivered,or sent
by first-class mail, overnight delivery,or facsimile, to the following:
COUNTY: County of Contra Costa
Public Works Department
Attn: Karen A. Laws
Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
Facsimile: (925)646-0288
Copy to: County of Contra Costa
Office of County Counsel
Attn: Chief Assistant County Counsel
651 Pine Street,9"Floor
Martinez, CA 94553
Facsimile: (925)646-1078
[Remainder of page left intentionally blank.)
Page 5 of 7
July 14,2006 HAC0NDEMUPACouniyCsInonsR0N07-14.06FINAL.wpd
AUTHORITY: Paul Maxwell
Chief Deputy Executive Director,Projects
Susan H. Miller
Director,Projects
Contra Costa Transportation Authority
3478 Buskirk Avenue, Suite 100
Pleasant Hill, CA 94523
Facimile(925)407-0128
STATE: Laurie Lau
California Department of Transportation
Regional Project Panager
111 Grand Avenue
P.O.Box 23660
Oakland, CA 94623
Facsimile(510)286-5136
10. State/Authority Cooperafive Agreement. No action will be taken under this Agreement by COUNTY
or STATE unti 1 STATE and AUTHORITY have entered into a sepatate cooperative agreement providing for
The funding of these activites and STATE and AUTHORITY have provided a copyof the separate agreement
to COUNTY.
11. Counterparts. This Agreement maybe signed in counterparts and shall become effective upon its
execution by the Parties hereto,each copy having the same force and effect as an original.
[Remainder ofpage left intentionally blank.]
Page 6 of 7
July IA,20D6 HACONDEWPACountyCaltrurnsRON07-14-06FINAL.wpd
12. Severabili . Should anyprovision oftMs Agreementbeheld to be invalid or unenforceable by a court
of competent jurisdiction, such holding shall not affect the remaining provisions of this Agreement.
CONTRA COSTA COUNTY CONTRA COSTA TRANSPORTATION
AUTHORITY
By: By::
Designee, Maurice Shiu Donald P. Freitas, Chair
Public Works Director
Date: Date:
PROVE . S T TO ATTEST:
B By::
aron L. An erson Robert K. McCleary
Chief Assistant County Counsel Executive Director
Date:
APPROVED AS TO FORM:
STATE OF CALIFORNIA:
Department of Transportation By::
Stanley Taylor
Will Kempton,Director Authority Legal Counsel
By:
1�,— uty director,,
Date:
APPR01 EII AS TO FORM AND.PROCEDURE:
By: :\ ► \ nlI iea,A A )�.r
Attorney,Department of Transportation
CER==�'!
By:
District Budget Manager
CERTIFIED AS TO FIN AL TERMS AND POLICIES:
By:
Accountin mistrator
SLA:Ia
Page 7 of 7
July)4,2006 H:\CONDEMVPACoumyCalvsmRON07.14-06FWALwpd
12. Severability. Sboul d any provision ofthi s Agreement be held to be invalid or unefforceableby a court
of competent jurisdiction, such holding shall not affect the remaining provisions of this Agreement.
CONTRA COSTA COUNTY CONTRA COSTA TRANSPORTATION
AUTH TY
i
Desi Ee, aurice Shiu -1 nald P. Freitag, Chair
Public Works Director
Date: Date:
APPROVED AS TO FORM: ATTEST:
I'
4arWn :derson Robe . McC]ea
Chief Assistant County Counsel Executive ' ector
Date:
APPROVED AS TO FORM:
STATE OF CALIFORNIA:
Department of Transportation By:: r �
Stan]ey Taylor
Wil] Kempton,Director Authority Legal Counsel
By:
Deputy Director
Date:
APPROVED AS TO FORM AND PROCEDURE:
By: :
Attorney,Department of Transportation
CERTIFIED AS TO FUNDS:
By: :
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS AND POLICIES:
By:
Accounting Administrator
SLA:la
Page 7 of 7
July 14,2006 HACONDEW FACount yCeltrensRON07-14-0GFJNAL.wpd
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CONTRA COSTA TRANSPOR TA TION A UTHORITY
Resolution 403-02-P
RE: Authorization for the Chair of the Authority to Execute Cooperative
Agreements, Contribution Agreements and Joint Exercise of Powers
Agreements with Caltrans
WHEREAS,the Contra Costa Transportation Authority is actively involved, in partnership with Caltrans, in
all aspects of project development on state highways including preliminary engineering, environmental
clearance and construction; and
WHEREAS, from time to time such partnerships require the execution of formal agreements between the
Authority and the State; and
WHEREAS,Caltrans procedures require a formal action by resolution of the Authority authorizing the
responsible person to execute each agreement on behalf of the Authority;
NO%V THEREFORE BE IT RESOLVED,that the Authority Chair is authorized to execute on behalf of the
Authority,each and every project-related Cooperative Agreement, Contribution Agreement or Joint Exercise
of Powers Agreement with Caltrans; and
THEREFORE BE IT FURTHER RESOLVED,that nothing in this resolution shall supercede any prior
delegations of authority to the Executive Director in the execution of any agreements with Caltrans.
Julie Pierce, Chair
This RESOLUTION was entered into at a
meeting of the Contra Costa Transportation
Authority held February 19, 2003 in
Pleasant Hill, California
APPROVID 13Y Tari
Attest: / CONTRA COSTA
Robert'"cClealy,, ecutive Dire for
'T h,NSPORTATION AUTHORrry
-7-- Z 00 6
p ^ RTI IED EY
TO: BOARD OF SUPERVISORS
F Contra
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR +�u . ,Z Costa
04
Count
DATE: AUGUST 1, 2006 c0s'r' '66U v
A '66 UN
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT AMONG COUNTY CALTRANS, AND THE CONTRA
COSTA TRANSPORTATION AUTHORITY TO JOINTLY EXERCISE POWERS TO ACQUIRE
PROPERTY FOR STATEROUTE 4 EAST WIDENING, LOVERIDGE TO SOMMERSVILLE PROJECT.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE and AUTHORIZE Public Works Director or designee to execute a Cooperative Agreement
among Contra Costa County, the State of California (Caltrans) and the Contra Costa Transportation
Authority for the acquisition of real property for the State Route 4 East Widening, Loveridge to
Sommersville Project.
FIND that the actions taken under the Cooperative Agreement will promote the interests of the
County.
FISCAL IMPACT
The Contra Costa Transportation Authority (CCTA) will pay all costs and expenses associated with
the County's participation in the matters covered by the Cooperative Agreement, including but not
limited to County Counsel and Public Works staff time. All costs of property acquisition will be
allocated between Caltrans and (CCTA).
CONTINUED ON ATTACHMENT: Yes /�� A�;p SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_/'APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD'_04 APPROVED AS RECOMMENDED t OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
l� UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: � AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact Person: Karen A.Laws,313-2228
CC: Public Works, Real Prop.Div. ATTESTED
County Counsel John Cullen,CLERK OF THE BOARD OF
CCTA(via Real Property) SUPERVISORS-A-ND COUNTY ADMINISTRATOR
Caltrans(Via Real Property)
B�'�.. /� `` DEPUTY
August.1,2006
Board of Supervisors
Page 2 of 3
Approval of Cooperative Agreement Among County,Caltrans and CCTA for Acquisition of Properly for Loveridge to Sommersville Road Project
REASONS FOR RECOMMENDATION/BACKGROUND
The project that is the subject of the Cooperative Agreement consists of the widening and improving
of State Highway Route 4 from west of Loveridge Road to west of Somersville Road, reconstruction
of the Loveridge Road interchange, and the replacement of the Century Blvd. overcrossing, together
with the acquisition of land necessary for said project. On June 27, 2006, the County approved the
proposed project and adopted the certified Environmental Impact Report .
Historically, acquisitions of real property for County road projects funded by CCTA have been
handled by the Real Property Division of the County's Public Works Department. However,
recently Caltrans has asked to participate in the acquisition process. In response to this request,
CCTA has agreed to have Caltrans assume responsibility for acquisition of the parcels involved in
the Loveridge to Sommersville Project.
Due to the cumbersome and time-consuming State procedures involved in adopting a resolution
of necessity for State projects, the State has asked the County to consider entering into this
Cooperative Agreement, which would allow Caltrans and the County to jointly exercise their
powers of eminent domain pursuant to Code of Civil Procedure section 1240.140 and Streets
and Highways Code section 760.
Code of Civil Procedure section 1240.140 allows two or more public agencies to enter into an
agreement for the joint exercise of their powers of eminent domain. Streets and Highways Code
section 760 provides that if a county board of supervisors determines by a four-fifths vote that
acquisition under this statute will promote the interests of the county and the acquisition is
recommended in writing by Caltrans the board of supervisors, by a four-fifths vote may acquire
property needed for State highway purposes. The statute allows the title to the property to be
taken in the name of the State. The only action required of the board of supervisors under this
statute is to determine whether to adopt the resolution of necessity and make the required
findings. After that is done, the State may proceed to condemn the subject real property.
The purpose of the Cooperative Agreement is to allocate responsibilities among CCTA, Caltrans
and the County for the acquisition of property for the project including, but not limited to, the
exercise of the power of eminent domain. The Cooperative Agreement does not constitute the
creation of an agency or entity which is separate from the parties. A list of property or interests
to be acquired pursuant to the Cooperative Agreement is attached as Exhibit A.
August 1.,2006.
Board of Supervisors
Page 3 of 3
Approval of Cooperative Agreement Among County, Caltrans and CCTA for Acquisition of Properly for Loveridge to Sommersville Road Project
Under the terms of the Cooperative Agreement if Caltrans is unable to acquire some or all of the
property by negotiation, Caltrans may request in writing that the County hold one or more
hearings for purposes of adopting one or more resolutions of necessity. Each hearing request will
be submitted to the Real Property Division of the Public Works Department, along with sufficient
information to enable the Real Property Division to determine whether it is appropriate to ask the
Board to consider adoption of a resolution of necessity. Caltrans representatives will appear of
the resolution of necessity hearings and will present the proposed resolutions to the Board. The
Cooperative Agreement requires the State and CCTA to use project funds to defend, indemnify,
save, protect and hold harmless the County from loss damage or liability resulting from the
County's actions under the agreement.
The Cooperative Agreement has been approved and executed by representatives of CCTA and
Caltrans. If the County approves the Cooperative Agreement, it will become immediately
effective on the date of Board approval. However, no action will be taken under the Cooperative
Agreement until Caltrans and CCTA have entered into a separate agreement providing for the
funding of the activities of CCTA and Caltrans and have provided a copy of the agreement to
County.
CONSEQUENCES OF NEGATIVE ACTION
If the Board does not approve this agreement and CCTA still elects to have Caltrans 'acquire the
subject properties, acquisition of the subject properties and completion-'of the- project is'likely to
take more time.
Attachment: Exhibit A — List of Properties to be Acquired
CaIt Tan sCoupAgl BoardOrder8-1-06.doc
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