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HomeMy WebLinkAboutRESOLUTIONS - 10282008 - 2008/699THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2008 by the following vote: SE L 0 . NOES: I DIvG T ti ABSENT: /%^i1 osra',covr` G ti ABSTAIN: 110/J& SUBJECT: Resolution Calling an Election To ) Resolution No.,2008/699 Confirm the Proposed Incorporation of the Town of Alamo The Board of Supervisors of Contra Costa County RESOLVES and ORDERS that: 1. This Resolution is adopted pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government'Code Sections 56000 et. seq. 2. The purpose of this Resolution is to call a special election, as required by Government Code section 57000(e), to be held in conjunction with the regular election on March 3, 2009, to allow the voters to determine whether to confirm the order of the Contra Costa Local Agency Formation Commission (LAFCO), adopted on September 18, 2008, as Resolution No. 07-27, ordering the incorporation of the territory described and designated in LAFCO Resolution No. 07-27, as the Incorporation of the Tow_ n of Alamo, subject to the terms and conditions specified in LAFCO Resolution No. 07-27. 3. The exterior boundaries of territory proposed to be incorporated as the Town of Alamo are as specified in LAFCO Resolution No. 07-27 attached hereto (marked Attachment 1") and made a part hereof. 4. The affected territory for this incorporation has been determined to be legally inhabited. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown ATTESTED: October 28, 2008 DAVID TWA, Clerk of the Board of Supervisors And County Administrator ByVjl t ` 1 Deputy cc: RESOLUTION NO. 2008/699 Page 2 5. All of the terms and conditions of the proposed incorporation approved by LAFCO are as specified in attached LAFCO Resolution No. 07-27. 6. The regular county assessment roll will be used for the collection of taxes and assessments in the affected territory. 7. The petition proposing the incorporation identifies the following reasons for incorporation: (i) to provide residents increased.representation and local control in land use planning and building, municipal services, and infrastructure; (ii) to create an efficient and politically acceptable government; (iii) to provide more effective and efficient use of local tax.revenues that is better aligned with the priorities of Alamo residents; (iv) to enhance the quality of life and maintain the town's unique, rural character; (v) to preserve the town's historical and cultural heritage; (vi),to increase opportunities for Alamo residents to participate in local and government activities; and (vii) to establish the town as a legally recognized and equal voice in county and regional matters. 8. Pursuant to Section 6 of LAFCO Resolution No. 07-27, the effective date of the incorporation is June 30, 2009, subject to the vote and approval of the voters on March 3, 2009. 9. Based on the foregoing, pursuant to Government Code section 57000(e), this Board hereby calls a special election, to be consolidated and held with the regular election on March 3, 2009, in the area described and designated in LAFCO Resolution No. 07-27 attached, on the following questions, with the vote required for confirmation of incorporation as stated below: a. Confirmation of.the proposed incorporation of the Town of Alamo by a majority of the voters in the territory described and designated in LAFCO Resolution No. 07-27. b. The election of five city council members, elected at large from throughout the proposed Town of Alamo, to be held in conjunction with the question to confirm the incorporation. 10. Pursuant to Government Code section 57150(b), election costs will be borne by the new city if the incorporation is confirmed by the voters, or by the County of Contra Costa if the proceedings are terminated. 11. The ballot measure shall be as follows: Shall the order of the Contra Costa Local Agency Formation Commission, adopted on September 18, 2008, as Resolution No. 07- 27, ordering the incorporation of the territory described and designated in Resolution No. 07-27 as the "Incorporation of the Town of Alamo," be confirmed, subject to the terms and conditions specified in Resolution No. 07-27? i Page 3 12. LAFCO Resolution No. 07-27, "Resolution of the Contra Costa Local Agency Formation Commission Making Determinations and Approving the Proposed incorporation of the Town of Alamo and Establishing the Sphere of Influence of the Town of Alamo" is on file and available for review at the Clerk of the Board, Contra Costa County, 651 Pine Street, 1St Floor, Martinez, CA. 13.The Clerk of the Board of Supervisors shall file a certified copy of this Resolution with the Contra Costa County Registrar of Voters and LAFCO Executive Officer as soon as practicable, but no later than five days after October 28, 2008. 14.The Contra Costa County Registrar of Voters is designated as the Elections Official for this election, and the County Clerk, Elections Division, is hereby authorized and directed to provide all notices and take all other actions necessary to holding the election including, but not limited to, providing notices of times within which arguments for and against are to be submitted. The County Clerk, Elections Division, shall conduct the. election pursuant to Government Code "sections 57125 — 57150. 15.The precincts and the polling places for the-special election shall be timely determined in accordance with normal procedures by the Elections Division.so that the precincts conform to the area described in LAFCO Resolution No. 07-27 and the ballot measure. 16.Candidates. for the city council shall pay for the publication of their statements of qualifications pursuant to Elections Code Section 13307(c). 17.The County Clerk, Elections Division, and the. Clerk of the Board of Supervisors are hereby authorized and directed to take all actions necessary or appropriate to implement this Resolution; to call, provide for, and give notice of the election; and to provide for the conduct and the canvass of the returns of the election.` Attachments Attachment 1: Resolution 07-27, including Exhibits A, B and C. AITAC44MCnJ1- 1 RESOLUTION NO. LAFCO 07-27 RESOLUTION OF THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION MAKING DETERMINATIONS AND APPROVING THE PROPOSED INCORPORATION OF THE TOWN OF ALAMO AND ESTABLISHING THE SPHERE OF INFLUENCE OF THE TOWN OF ALAMO WHEREAS, on August 27, 2007, a Notice of Intent to Circulate a Petition was filed with Contra Costa Contra Costa Local Agency Formation Commission (LAFCO) pursuant to Government Code §56700.4 proposing to incorporate the Town of Alamo; and WHEREAS, on November 5, 2007, a registered voter petition and application to incorporate the Town of Alamo (LAFCO 07-27) were filed with LAFCO pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §56425), requesting the incorporation of the Town of Alamo; and WHEREAS, on November 5, 2007, the Executive Officer submitted the petition to the County Registrar 'of Voters for verification that sufficient registered voters within the area proposed for incorporation signed the petition; and WHEREAS, on November 14, 2007, the petition signatures were found to be sufficient and a Certificate of Sufficiency was issued; and WHEREAS, the Executive Officer caused to be prepared a Comprehensive Fiscal Analysis for the proposed incorporation; and WHEREAS, on September 18, 2008, LAFCO, as Lead Agency, approved the Initial Study and adopted the Negative Declaration for the proposed incorporation of the Town of Alamo pursuant to the California Environmental Quality Act (CEQA). The proposed incorporation is not expected to induce, facilitate or lead to the conversion of existing open space lands to uses other than open space, as the area is primarily developed and does not anticipate significant new development or any material alteration to the general plan and zoning ordinances currently in effect. In accordance with the Initial Study and Negative Declaration, this proposal will have no significant impact on the environment; and WHEREAS, pursuant to Government Code §56886, existing agencies cannot provide needed services in a more efficient and accountable manner. Incorporation will allow for increased local accountability. Contracting services such as police will still allow the city to take advantage of economies of scale associated with a large organization, while allowing public service levels and priorities to be established locally-, and WHEREAS, at the time and in the manner required by law the Executive Officer gave notice of the Commission's consideration of these matters; and WHEREAS, the Executive Officer has reviewed all available information and prepared reports, including recommendations, and presented findings, reports and related information to the Commission, which were then considered by the Commission; and popular votes shall be four years. Of the first elected legislative body, the terms of the three members of the city council with the least popular votes shall be two years Government Code §57377). E. Selection of Mayor: Pursuant to Government Code §36801, at the first City Council meeting, the city council shall chose one of its number as mayor, and one of its number as mayor pro tempore. F. Appointment of City Staff: Upon and after the effective date of incorporation, the City Manager, City Clerk, City Attorney and City Treasurer shall be appointed by the City Council pursuant to Government Code §§36511 and 34856. 6. Effective Date of Incorporation The effective date of the incorporation is June 30, 2009, subject to the vote and approval of the voters of Alamo on March 3, 2009. 7. Extension of Services A. Service Provision: The County will continue to provide all county services furnished to the area prior to incorporation until the end of the "Transition Period", as defined in the Revenue Neutrality Agreement, or until the new city requests discontinuation of the services, whichever occurs first. During the Transition Period, services shall be provided at the current level of service pursuant to Government Code §57384. Following incorporation, the Town of Alamo, in addition to providing those services required by law, shall insure the provision of the following services: Animal Control, Building and Building Inspection, Code Enforcement, Police/Law Enforcement, Planning, Public Works, Traffic, Safety and Street Lighting Maintenance, and Parks and Recreation. The new city shall, at a minimum, maintain services at existing levels. The County of Contra Costa will continue to provide Library services. B. First Year Costs: In FY 2010-11, the County will pay from the General Fund the net credit for costs of general fund services provides to the new city during the Transition Period approximately $274,000). In the unlikely event that the actual net of revenues received by the County minus service costs paid by the County reflects a net cost, the new city will pay the County the net cost within five years of June 30, 2009. The County waives reimbursement by the new city for the net cost of providing road and traffic signal maintenance to the new city during the Transition Period; the net cost of providing such services will be paid by the County Road Fund (approximately $283,000). In TY 2010-11, the County, using Park Funds, will pay the net credit for cost of park services to the new city (approximately $398,000) during the Transition Period. 8. Base Year Proper!y Tax The base year General property tax transferred to the new city pursuant to Government Code 56375 shall be $1,292,813. This amount is independent of the transfer of any other funds. In addition to the property tax transferred to the new city pursuant to Government Code 56810 (c) and 56812, the new city will receive 100% of the various County Service Area CSA) property tax allocations allocated to the Alamo area due to the transfer of these districts to the new city as follows: CSA P-2/Zone B - $135,194 CSA P-5 - $194,288 CSA P-6 - $566,408 CSA L-100 - 38,384 CSA R-7A- $807,699 9. Mitigation Obligation To make revenue neutrality findings under Government Code 56845(c), the terms and conditions as set forth in the revenue neutrality resolution (Exhibit A) adopted by the County, set forth below, are hereby imposed as a condition of approval of the incorporation: A. Total General Fund Obligation: The Town shall pay the County a total of$3 million in revenue neutrality payments. This total revenue _neutrality obligation is based on an annual County deficit amount of$656,977, as calculated in the CFA. i. Source of Payment- The Town will make a lump sum payment of $3 million to the County. It is anticipated that these funds will come from Town General Fund accumulated reserves. ii. Payment Schedule. The Town shall pay the County the entire amount of the lump sum payment no later than June 30, 2019. iii. Pre payment: The Town may pre pay any amount due under this Agreement on terms mutually agreed upon by the Town and County. B. Total Road Funds Obligation The Town agrees to waive Revenue Neutrality payments from the County's Road Fund of 310,570, as calculated in the CFA. 10. Treasurer-Tax Collector and Administrative Services The Tax Collector will continue to collect all taxes currently collected by the County but transferred to the city, for the remainder of the initial year; future services (not currently provided to all cities) will need to be negotiated with the new city. 11. Streets and Roads Pursuant to Government Code §57385, upon the effective date of the incorporation, all roads and highways or portions of road(s) and highway(s), in the incorporation area which have been accepted into the County road system pursuant to §941 of the Street & Highway Code, shall become city streets, and all right, title, interest and responsibility for said roads and highways and all adjacent slopes, medians, sidewalks, trails, bikeways, landscaped areas, street lights, signals, and bridges owned and operated by the County of Contra Costa that are located within the public rights of way within the incorporation area, shall vest with the new city. 12. Flood Control and Storm Drains Upon the effective date of the incorporation, the Town of Alamo shall assume the obligations and responsibilities of Contra Costa-County under the Drainage Fee Collection, Right-0f--Way and Maintenance agreements for Drainage Areas 9, 13 and 76 executed with the Contra Costa County Flood Control and Water Conservation District on October 17, 2006. The Town of Alamo shall accept from Contra Costa County the transfer of land-rights, accepted by Contra Costa County for drainage purposes, on the following parcels, identified by Assessor Parcel Number: Miranda Creek 192-110-020, -021, -023 192-280-003, -018 192-290-016, -024 192-300-005, -024, -025 192-310-001, -005, -007, -009, -012, -015, -017, -024 192-340-002, -003, -004, -005, -006, -007, -008, -009, -010 192-350-002 192-360-009 Rutherford Creek 197-090-003 San Ramon Creek 197-330-007 197420-036 Bunce Meadows Ditch 192-300-024, -025 192-340-001 Bolla Acres Ditch 193-080-072, -073 193-090-003, -004, -016, -019, -020, -021, -022, -023, -024, -025 193-100-008, -009, -015, -016, -017, -018, -021 193-111-001, -002, -007, -008 193-384-003, -004, -005 193410-001, -002, -003, -004 Erselia Trails Ditch 192-170-047, -057 The Town of Alamo shall accept from Contra Costa County the transfer of all other land- rights, not listed above, accepted by Contra Costa County for drainage and creek set back purposes. 13. Transfer of Other Real Property The transfer of other real property, if necessary, will occur pursuant to a future agreement between the Town of Alamo and Contra Costa County. 14. "AS IS" Transfer Real or personal property of the County of Contra Costa transferred to the new city pursuant to this resolution shall be accepted by the new city "as is." 15. HOME, McKinney and Community Development Block Grant (CDBG) The City will participate in the HOME, McKinney and CDBG consortia at least through completion of the programs' current contracts. 16. County Service Areas (CSAs) and Benefit Assessment Districts/Zones Pursuant to Government Code §25210.01, CSA law provides for automatic detachments, either partially or wholly, from CSAs when lands are incorporated, unless otherwise specified by LAFCO. Pursuant to Government Code §56375(n) LAFCO can override this provision of law if it concludes that detaching the territory from the CSA would deprive the area of a service needed to ensure the health, safety and welfare of the residents, and it finds that the waiver would not affect the ability of the new city to provide service. There are currently seven CSAs and four benefit assessment districts/zones that serve the proposed Alamo incorporation. boundaries. Funding sources include a combination of property and/or parcel taxes and benefit assessments. With regard to these districts and zones, and pursuant to the Revenue Neutrality Agreement, the following will occur: A. CSA EM-1 remains intact. B. Detachment from CSAs L-100, P-2 and P-6 is waived until the end of the Transition Period, at which time all encumbered funds, assets and liabilities of those portions of these CSAs that are within Boundary Alternative 1 shall be transferred to the new city. Following incorporation, the new city will assume responsibility for providing services. During the Transition Period the new city will determine the appropriate mechanism (e.g., benefit assessment district) if any, to continue the CSA funding. It is assumed that the current assessments would continue to fund services in the same areas within Alamo that are covered by the CSAs. Upon the expiration of the Transition Period, the new city will be detached from the CSAs. C. Dissolution of CSAs M-30, P-5 and R-7A is waived until the end of the Transition Period, at which time all encumbered funds, assets and liabilities of these districts, along with responsibility for services shall be transferred to the new city. During the Transition Period the new city will determine the appropriate mechanism (e.g., benefit assessment district) if any, to continue the CSA funding. It is assumed that the current assessments would continue to fund these services in the same areas within Alamo that are covered by the CSAs. Upon the expiration of the Transition Period, these CSAs will be dissolved. D. LL-2 Benefit Zones 36, 45 and 54: The Countywide Landscaping District LL-2 Benefit Zones 36, 45 and 54 will detach from the County on the last day of the Transition Period. Services provided by the County within these zones will continue at the same level during FY 2008-09 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of these zones, including cash on hand and monies due but uncollected, and any obligations of these zones will be transferred to the new city. Further, upon the expiration of the Transition Period, the authority to collect assessments e _ or fees for these services shall pass to the new city. 17. Equalizing Payment Should the calculation of property taxes prepared pursuant to Government Code §56810 be modified as a result of a court action brought pursuant to Government Code §56810(h), or as a result of legislative action with retroactive application, to provide that a larger share be retained by the County and a smaller share transferred to the city than that specified by LAFCO pursuant to Government Code §56810, in approving the incorporation, the County shall transfer the amount of annual property tax resulting from such difference to the city for the purpose of maintaining revenue neutrality pursuant to Government Code §56815, and the LAFCO terms and conditions ("equalizing payment"). Should the calculation prepared pursuant to Government Code §56810, be modified as a result of a court action brought pursuant to Government Code §56810(h), or as a result of legislative action with retroactive application, to provide that a smaller share be retained by the County and a larger share transferred to the city than that specified by LAFCO pursuant to Government Code §56810, in approving the incorporation, the city shall make an equalizing payment to the County. 18. Revenue Neutralijy Findings Pursuant to Government Code §56845, the Commission finds that: A. Revenues currently received by the County of Contra Costa for the incorporation area and the expenditures for service responsibilities to be transferred to the new city are not equal. B. In approving the proposed incorporation, the Commission finds pursuant to Government Code §56815 as follows: i. That the County of Contra Costa has agreed to the incorporation of the Town of Alamo on the terms and conditions set forth in the Revenue Neutrality Agreement Resolution No 2008/529); and ii. That the approval of the Revenue Neutrality Agreement by the County and other terms and conditions set forth herein adequately mitigate the negative fiscal effect of the incorporation on the County; and iii. That but for the conditions contained herein incorporating all of the provisions of the Revenue Neutrality Agreement, the Commission would be unable to make the required findings under §56815 and approve the incorporation; and iv. That the terms and conditions contained herein are integral to the approval of the incorporation under Government Code §§56880, 56881, 56375, and 56720; and v. That the terms and conditions relating to revenue neutrality imposed by this resolution are independent legislative enactments of the Commission. 19. Provisional Appropriations Limit The provisional appropriations limit, as required by Article XIIIB of the California Constitution, and pursuant to Government Code §56812, shall be $8,643,695 (Boundary Alternative 1). A permanent appropriations limit will be set by the voters of the new city at the first municipal election, which will be held following the first full year of operation by the new city (Government Code §56812). 20. Continuation of General Taxes The Town of Alamo shall be authorized and shall continue to levy as general taxes of the city those general taxes presently levied by Contra Costa County. The types, rates and method of collection of general taxes to be so continued are as follows: A. A sales and use tax of the retail sale or use of tangible personal property within the Town of Alamo to be collected under contract with the State Board of Equalization and returned to the Town of Alamo pursuant to local ordinance. B. A real property transfer tax at the rate imposed by Contra Costa County upon the sales of real property within the Town of Alamo to be collected by Contra Costa County and returned to the Town of Alamo pursuant to local ordinance. C. All other general taxes presently imposed by Contra Costa County at the same rate and in the same manner as they are imposed and collected by Contra Costa County. D. All taxes generally authorized for incorporated cities, including, but not limited to: Property taxes Sales taxes Real property transfer taxes Franchise fees 21. Continuation of Fees and Charges Pursuant to Government Code 56886(t), the Town of Alamo shall be authorized to levy any other fees, assessments and charges at the same rate and manner they are imposed and collected by Contra Costa County, for such fees, assessments and charges that fund services that will be provided by the new city. 22. Sphere of Influence for the Town of Alamo The Commission shall adopt a sphere of influence for the Town of Alamo that is coterminous with the City boundary, pursuant to Government Code §56426.5. 23. Assessed Value Within the Proposed City The assessed value for property tax calculation purposes within the area of the proposed incorporation is approximately $4,602,760,661. 24. Registered Voters Within the Proposed City The area proposed for incorporation is legally inhabited with a population of approximately 16,683 as derived from the 2000 Census. Pursuant to Government Code §563750, the number of registered voters within the proposed incorporation area is 10,243 as of August 28, 2008. 25. Development Agreements Any and all development agreements entered into between Contra Costa County and any development project applicant, and any condition of approval (including mitigation measures adopted pursuant to CEQA) imposed by the County Board of Supervisors on any and all discretionary projects adopted and approved prior to the effective date of incorporation shall remain valid and enforceable between the applicant and the new Town of Alamo, subject to Government Code §65865.3(a) and (b). 26. National Pollution Discharge Elimination System Permit (NPDES) The Town of Alamo shall become a co-permittee under the terms associated with the existing countywide National Pollution Discharge Elimination System Permit. 27. Regional and State Associations The new city is encouraged to participate in various regional and State associations and organizations, including, but not limited to the Association of Bay Area Governments ABAG), Contra Costa County Transportation Authority, and the League of California Cities. 28. Indemnification Agreement Within ten (10) calendar days of LAFCO's approval, the applicant shall deliver an executed indemnification agreement providing for the applicant to indemnify LAFCO against any expenses arising from any legal actions challenging the incorporation. 29. Subsequent Proceedings All subsequent proceedings in connection with this reorganization shall be conducted only in compliance with the approved boundaries set forth in the attachments and any terms and conditions specified in this resolution. 30. Acceptance of Findings and Recommendations Pursuant to Government Code §56803 the Commission hereby accepts the findings and recommendations made in the Executive Officer's Report prepared pursuant to Government Code §56665 and the Comprehensive Fiscal Analysis prepared pursuant to §56800, together with any desired changes. 31. Severability Should any term or condition of this resolution be found unlawful, unenforceable, invalid or void by a final judgment of a court of competent jurisdiction, all other terms and conditions of this resolution shall remain in full force and effect and the Town of Alamo incorporation shall remain in effect and shall not be void or invalidated by reason of said term or condition being unlawful, unenforceable, invalid or void. 32. Distribution of this Resolution The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in §56882 of the Government Code. 33. Record of Proceeding The Comprehensive Fiscal Analysis, Initial Study/Negative Declaration and other documents and materials that constitute the record of proceedings upon which the Commission's decision is based are located in the office of Contra Costa LAFCO, 651 Pine Street, Sixth Floor, Martinez, CA 94553. The custodian of these documents is the LAFCO Executive Officer. PASSED AND ADOPTED THIS 18' day of September 2008, by the following vote: AYES: McNair, D. Piepho, Schmidt, Uilkema NOES: Allen ABSTENTIONS: ABSENT: Glover (M), Meadows (M), Bristow (A), M. Piepho (A), Schroder (M), Tatzin (A) AGAYIL;e. UILKEMA, CE HAIR, CONTRA COSTA LAFCO 1 hereby certify that this is a correct copy of a resolution passed and adopted by this Commission on the date stated above. Dated: September 18, 2008 Lou Ann Texeira, Executive Officer E.xN 1- A Contra TO:BOARD OF SUPERVISORS CostaFROM: John Cullen, County Administrato0 DATE: July 22 s'-2008 a CountyCOUN SUBJECT: ALAMO INCORPORATION — REVENUE NEUTRALITY SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: CONSIDER adopting Resolution No 2008/529 approving and authorizing the County Administrator to execute a Revenue Neutrality Agreement by and between the County of Contra Costa and petitioners for incorporation of the Town of Alamo, and to be binding on the Town of Alamo upon incorporation. FISCAL IMPACT: The incorporation's potential negative financial impact will be mitigated by the terms set forth in the attached Revenue Neutrality Agreement and discussed further below. BACKGROUND: On August 27, 2007, Alamo Incorporation Proponents submitted to the Contra Costa Local Agency Formation Commission (LAFCO) a Notice of Intent to Circulate a Petition pursuant to Government Code section 56700.4 proposing to incorporate the Town of Alamo. On November 5, 2007, a petition and an application were submitted to LAFCO proposing the incorporation of the Town of Alamo ("incorporation"). The petition signatures were found to be sufficient. California Government Code section 56815 expresses the intent of the State Legislature that any incorporation should result in a similar exchange of both revenue and responsibility for service, delivery between the affected county and the proposed town. The Contra Costa LAFCO adopted policies and standards relating to incorporations and revenue neutrality pursuant to the Government Code. The express intent of the LAFCO policies and of this Agreement is to mitigate potential fiscal losses to the.County without making incorporation impossible for local communities ready for self-governance or precluding an adequate fiscal base for new cities/towns. Under LAFCO policies, LAFCO shall not approve an incorporation unless it finds that revenue currently received by the County which would accrue to the Town is substantially equal to the expenditures currently made by the County for the services which will be assumed by the Town or if it determines that the negative fiscal impacts of the proposed incorporation on the County have been mitigated by tax sharing agreements, lump-sum payments, payments over a fixed period of time, or any other terms and conditions pursuant to LAFCO policies or the County and all the subject agencies agree to the terms of the proposed transfer. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L_IAPPROVE OTHER SIGNATURE(S):: ACTION OF BOARD ON I "0'01 APPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE UNANIMOUS(ABSENT,MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT:PI O, gowut.A ABSTAIN: J ATTESTED 22 CONTACT: Lisa Driscoll(335-1023) JOHN CULLEN,CLERIK OF TH BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: LAFCO Auditor-Controll UERTYFIED COPYIcertifythatthisisafull,true and correct coley of the original document whichisonfileinmoffice. ATTEST, JOHN CULLEN, Clerk of the Board ofSupervistyAdministratorbyDeputyClerk BY DEPUTY on o July 22, 2008 Page 2 of 3 The County is currently responsible for providing both municipal and countywide services including, but not limited to, health and welfare services, probation services, operation of the County jail, District Attorney and indigent defense. The tax revenue currently received by the County from within the area proposed for incorporation is used to fund both municipal and countywide services. Incorporation of the Town will relieve the County of the responsibility for providing certain municipal services. However, the County will continue to be responsible for providing countywide services within the boundaries of the Town and all other areas of the incorporated and unincorporated County. Pursuant to LAFCO policies, the Alamo Incorporation Committee funded and LAFCO caused to be prepared a "preliminary" draft Comprehensive Fiscal Analysis ("CFA") of the Proposed Incorporation of the Town of Alamo to serve as the basis for revenue neutrality negotiations between the County and the Alamo Incorporation Proponents. The "preliminary" draft CFA analyzed the initial study area (Area 1) and one alternative study area (Area 2). LAFCO staff, the incorporation proponents and the County agree that Area 1 would be the alternative proposed for incorporation and would serve as the basis for the revenue neutrality negotiations. Based-upon a careful review of the "preliminary" draft CFA, including County records utilized in the preparation of the "preliminary" draft CFA relating to revenue projections for the area included in the incorporation, the present and projected costs of law enforcement, road maintenance and other County services transferred to the Town, and the costs of services retained by the County, County staff and the Alamo Incorporation Proponents have agreed upon the terms that would mitigate the fiscal impacts of the incorporation on the County. Today's Board action is requesting that the Board consider directing the execution of the Revenue Neutrality Agreement Agreement") negotiated by staff (attached). This Agreement represents a compromise between the County and the Alamo Incorporation Proponents and is intended to resolve all fiscal issues between the County and the proposed Town with respect to the incorporation of the Town of Alamo. The County agrees not to challenge LAFCO's approval of the incorporation proposal or to seek to further mitigate the fiscal impact of the Town's incorporation in the form of a larger share of the Town's tax revenue in perpetuity. In the event the CFA upon which this Agreement is modified or revised, the parties agree to amend this Agreement based on the modified or revised CFA. It is anticipated that LAFCO will find 1) that the approval and execution of this Agreement by the County, and the lump-sum. payments, installment payments, and other terms and conditions set forth herein adequately mitigate the negative fiscal effects of the incorporation on the County, 2) that but for the conditions contained herein, that LAFCO would be unable to make the required findings under Government Code section 56815 and approve the incorporation; and (3) that this Agreement is integral to LAFCO's determinations.approving the incorporation under the Government Code. The transfer of funds and responsibilities set forth in the attached will be used as part of the incorporation process as provided by law. Approval of this Agreement by an affirmative vote of the people casting votes at the incorporation election held in accord with all applicable provisions of California law shall be binding on the Town. The terms of this Agreement shall take effect upon certification of the results of that successful incorporation election without further action by any party. In summary, the "preliminary" draft CFA finds that for revenue neutrality, the forecasted revenues minus expenditures for FY 2009/10 through FY 2018/19 average an approximate $573,000 annual deficit for the County General Fund and $311,000 annual surplus for the County Road Fund. Additionally, the draft finds that transition year `net cost' of providing services to the Town by the County will be a deficit (cost to the County) of approximately.$274,000 from the General Fund and a surplus (credit to the County) of approximately $283,000 for Road Fund. The transition period is defined as the period commencing with the effective date on which the Town comes into existence under State Law (anticipated to be either June 30, 2009 or July 1, 2009) and ending on June 30, 2010. July 22, 2008 Page 3 of 3 The Agreement covers two revenue neutrality areas 1) annual loss of revenue over a 10 year period and 2) transition year costs. The terms of the Agreement call for the Town to make a lump sum payment of $3 million to the County no later than FY 2018/19 from Town General Fund accumulated reserves. The Town waives a transfer from the Road Fund. The County will pay the net credit for costs of services for the General Fund transition year to the Town in FY 2010/11 approximately $274,000). In the unlikely event that the actual net of revenues/service costs reflects a net cost, the Town will have the option to repay the County overa, 5 year period. The County waives reimbursement by the Town for the transition year net cost of providing road and traffic signal maintenance (approximately $283,000), which will be paid by the Road Fund. The County, using Park Funds, will pay the net credit for costs of services (approximately $398,000) for the Park Fund Transition Year to the Town in FY 2010/11. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on (date), by the following vote: AYES: C..-)O 1 A (A l LK F_M/k I NOES: -- ABSENT: T?UN`LLA ABSTAIN: --- Resolution No. 2008/529 Subject: Proposed Incorporation of the ) Town of Alamo WHEREAS, on August 27, 2007, Alamo Incorporation Proponents submitted to the Contra Costa Local Agency Formation Commission (LAFCO) a Notice of Intent to Circulate a Petition pursuant to Government Code section 56700.4 proposing to incorporate the Town of Alamo. On November 5, 2007, a petition and an application were submitted to LAFCO proposing the incorporation of the Town of Alamo ("incorporation"). The petition signatures were found to be sufficient; and WHEREAS, California Government Code section 56815 expresses the intent of the State Legislature that any incorporation should result in a similar exchange of both revenue and responsibility for service, delivery between the affected county and the proposed town. The Contra Costa LAFCO adopted policies and standards relating to incorporations and revenue neutrality pursuant to the Government Code. The express intent of the LAFCO policies and of this Agreement is to mitigate potential fiscal losses to the County without making incorporation impossible for local communities ready for self-governance or precluding an adequate fiscal base for new cities/towns; and WHEREAS, under LAFCO policies, LAFCO shall not approve an incorporation unless it finds that revenue currently received by the County which would accrue to the Town is substantially equal to the expenditures currently made by the County for the services which will be assumed by the Town or if it determines that the negative fiscal impacts of the proposed incorporation on the County have been mitigated by tax sharing agreements, lump-sum payments, payments over a fixed period of time, or any other terms and conditions pursuant to LAFCO policies or the County and all the subject agencies agree to the terms of the proposed transfer; and WHEREAS, the County is currently responsible for providing both municipal and countywide services including, but not limited to, health and welfare services, probation services, operation of the County jail, District Attorney and indigent defense. The tax revenue currently received by the County from within the area proposed for incorporation is used to fund both municipal and countywide services. Incorporation of the Town will relieve the County of the responsibility for providing certain municipal services. However, the County will continue to be responsible for providing countywide services within the boundaries of the Town and all other areas of the incorporated and unincorporated County; and WHEREAS, pursuant to LAFCO policies, the Alamo Incorporation Committee funded and LAFCO caused to be prepared a "preliminary" draft Comprehensive Fiscal Analysis ("CFA") of the Proposed Incorporation of the Town of Alamo to serve as the basis for revenue neutrality negotiations between the County and the Alamo Incorporation Proponents. The "preliminary" draft CFA analyzed the initial study area (Area 1) and one alternative study area (Area 2). LAFCO staff, the incorporation proponents and the County agree that Area 1 would be the alternative proposed for incorporation and would serve as the basis for the revenue neutrality negotiations; and WHEREAS, based-upon a careful review of the "preliminary" draft CFA, including County records utilized in the preparation of the "preliminary" draft CFA relating to revenue projections for the area included in the incorporation, the present and projected costs of law enforcement, road maintenance and other County services transferred to the Town, and the costs of services retained by the County, County staff and the Alamo Incorporation Proponents have agreed upon the terms that would mitigate the fiscal impacts of the incorporation on the County. Today's Board action is requesting that the Board consider directing the execution of the Revenue Neutrality Agreement ("Agreement") negotiated by staff; and WHEREAS, this Agreement represents a compromise between the County and the Alamo Incorporation Proponents and is intended to resolve all fiscal issues between the County and the proposed Town with respect to the incorporation of the Town of Alamo. The County agrees not to challenge LAFCO's approval of the incorporation proposal or to seek to further. mitigate the fiscal impact of the Town's incorporation in the form of a larger share of the Town's tax revenue in perpetuity. In the event the CFA upon which this Agreement is modified or revised, the parties agree to amend this Agreement based on the modified or revised CFA; and WHEREAS, it is anticipated that LAFCO will find 1) that the approval and execution of this Agreement by the County, and the lump-sum payments, installment payments, and other terms and conditions set forth herein adequately mitigate the negative fiscal effects of the incorporation on the County, 2) that but for the conditions contained herein, that LAFCO would be unable to make the required findings under Government Code section 56815 and approve the incorporation; and (3) that this Agreement is integral to LAFCO's determinations approving the incorporation under the Government Code; and WHEREAS, the transfer of funds and responsibilities set forth in the attached will be used as part of the incorporation process as provided by law. Approval of this Agreement by an affirmative vote of the people casting votes at the incorporation election held in accord with all applicable provisions of California law shall be binding on the Town. The terms of this Agreement shall take effect upon certification of the results of that successful incorporation election without further action by any party; and WHEREAS, the "preliminary" draft CFA finds that for revenue neutrality, the forecasted revenues minus expenditures for FY 2009/10 through FY 2018/19 average an approximate 573,000 annual deficit for the County General Fund and $311,000 annual surplus for the County Road Fund. Additionally, the draft finds that transition year `net cost' of providing services to the Town by the County will be a deficit (cost to the County) of approximately 274,000 from the General Fund and a surplus (credit to the County) of approximately 283,000 for Road Fund. 'The transition period is defined as the period commencing with the effective date on which the Town comes into existence under State Law (anticipated to be either June 30, 2009 or July 1, 2009) and ending on June 30, 2010; and WHEREAS, the Agreement covers two revenue neutrality areas 1) annual loss of revenue over a 10 year period and 2) transition year costs. The terms of the Agreement call for the Town to make a lump sum payment of$3 million to the County no later than FY 2018/19 from Town General Fund accumulated reserves. The Town waives a transfer from the Road Fund. The County will pay the net credit for costs of services for the General Fund transition year to the Town in FY 2010/11 (approximately $274,000). In the unlikely event that the actual net of revenues/service costs reflects a net cost, the Town will have the option to repay the County over a 5 year period. The County waives reimbursement by the Town for the transition year net cost of providing road and traffic signal maintenance (approximately $283,000), which will be paid by the Road Fund. The County, using Park Funds, will pay the net credit for costs of services (approximately $398,000) for the Park Fund Transition Year to the Town in FY 2010/11. NOW,.THEREFORE, BE IT RESOLVED that the Board of Supervisors approves and authorizes the County Administrator to execute the attached Revenue Neutrality Agreement by and between the County of Contra Costa and petitioners for incorporation of the Town of Alamo, and to be binding on the Town of Alamo upon incorporation. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: 1'?Z/cD B JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By Deputy Contact: Lisa Driscoll (335-1023) B .7i1}i af..: kkl Il. e11 9OV1cc: Lou Ann Texeria, LAFCO I cerlify that this is a full,title and correct copy of the origginal document whichisonfileinmoffice. AlTES% JOHN CULLEN, Cork of the Board ofJulieBueren, Public Works supervisor.a tyAdminisiratorbyDepulyClerk. Steve Ybarra, Auditor-Controller RESOLUTION NO. 2008/529 REVENUE NEUTRALITY AGREEMENT BY AND BETWEEN THE COUNTY OF CONTRA COSTA AND THE TOWN OF ALAMO THIS REVENUE NEUTRALITY AGREEMENT ("Agreement") is entered into by and between THE COUNTY OF CONTRA COSTA, a subdivision of the State of California("County") and the undersigned Petitioners for incorporation of the Town of Alamo, and to be binding on THE TOWN OF ALAMO, a municipal corporation("Town"), upon incorporation 1.0 RECITALS. This Agreement is entered into with reference to the following facts: 1.1 On August 27, 2007, Stephen A. Mick, a proponent of the incorporation of .Alamo, submitted to the Contra Costa Local Agency Formation Commission("LAFCO") a Notice of Intent to Circulate a Petition pursuant to Government Code section 56700.4 proposing to incorporate the Town of Alamo. 1.2 On November 5, 2007, Sharon Burke, Vicki Koc and Stephen A. Mick (collectively the Chief Petitioners") submitted a petition and Vicki Koc ("Proponent") submitted an application to LAFCO proposing the incorporation of the Town of Alamo ("incorporation"). On November 14, 2007, the petition signatures were found to be sufficient. 1.3 California Government Code section 56815 expresses the intent of the State Legislature that any incorporation should result in a similar exchange of both revenue and responsibility for service, delivery between the affected county and the proposed town. 1.4 On November 14, 2007, the Contra Costa LAFCO adopted policies and standards Policies") relating to incorporations and revenue neutrality pursuant to the Government Code. 1.5 The express intent of the LAFCO Policies and of this Agreement is to mitigate potential fiscal losses to the County without making incorporation impossible for local communities ready for self-governance or precluding an adequate fiscal base for new cities/towns. 1.6 Under Government Code section 56815 and the LAFCO policies, LAFCO shall not approve the incorporation unless it finds that the revenue currently received by the County which, but for the operation of Government Code section 56815, would accrue to the Town is substantially equal to the expenditures currently made by the County for the services which will be assumed by Town. Notwithstanding this provision, Government Code section 56815 authorizes LAFCO to approve an incorporation if(1) LAFCO finds that the negative fiscal effects of the proposed incorporation on the County have been adequately mitigated by tax sharing agreements, lump-sum payments, payments over a fixed period of time, or any other terms and conditions pursuant to Government Code section 56886 or (2) the County and all of the subject agencies agree to the proposed transfer. 1.7 The County is currently responsible for providing both municipal and countywide services including, but not limited to, health and welfare services, probation services, operation of the County jail, District Attorney and indigent defense. The tax revenue currently received by the County from within the area proposed for incorporation is used to fund both municipal and countywide services. Incorporation of the Town will relieve the County of the responsibility for providing certain municipal services. However, the County will continue 1 to be responsible for providing countrywide services within the boundaries of the Town and all other areas of the incorporated and unincorporated County. 1.8 Pursuant to Government Code section 56800 and the LAFCO Policies, the Alamo Incorporation Committee funded and LAFCO caused to be prepared a Comprehensive Fiscal Analysis ("CFA") of the Proposed Incorporation of the Town of Alamo to serve as the basis for revenue neutrality negotiations between the County and the Chief Petitioners. 1.9 The CFA was prepared in accordance with the Government Code section 56800 and analyzed the initial study area (Area 1) and one alternative study area (Area 2). LAFCO staff, the incorporation proponents and Chief Petitioners, and the County agree that Area 1 is the alternative proposed for incorporation and will serve as the basis for the revenue neutrality negotiations. 1.10 Based-upon a careful review of the CFA, including County records utilized in the preparation of the CFA relating to revenue projections for the area included in the incorporation, the present and projected costs of law enforcement, road maintenance and other County services transferred to the Town, and the costs of services retained by the County, the County and the Chief Petitioners have agreed upon the terms herein that would mitigate the negative fiscal impacts of the incorporation on the County to a level acceptable to the County. 1.11 The Contra Costa County Board of Supervisors and the Petitioners have agreed to the transfer of funds and responsibilities set forth in this Agreement and to the submission of these terms and conditions to the electorate as part of the incorporation process as provided by law. Approval of this Agreement by an affirmative vote of the people casting votes at the incorporation election held in accord with all applicable provisions of California law shall be binding on the Town. The terms of this Agreement shall take effect upon certification of the results of that successful incorporation election without further action by any party. 1.12 This Agreement represents a compromise between the County and the Petitioners and is intended to resolve all issues between the County and the Town with respect to the application of the requirements of Government Code section 56815 to the incorporation of the Town of Alamo and is conditioned on incorporation. In specific reliance on this Agreement, the County has elected not to challenge LAFCO's approval of the incorporation proposal or to seek to further mitigate the fiscal impact of the Town's incorporation in the form of a larger share of the Town's tax revenue in perpetuity. 1.13 No provision herein shall be construed to mandate the County members of LAFCO to vote for" or "against" the incorporation or any other related matters during the LAFCO proceedings. 1.14 In approving the proposed incorporation, LAFCO found pursuant to Government Code section 56815 as follows: (1) that the approval and execution of this Agreement by the County, and the lump-sum payments, installment payments, and other terms and conditions set forth herein adequately mitigate the negative fiscal effects of the incorporation on the County, (2) that but for the conditions contained herein, that LAFCO would be unable to make the required findings under section 56815 and approve the incorporation; and (3) that this Agreement is integral to LAFCO's determinations approving the incorporation under the Government Code. 2 2.0 DEFINITIONS. In this Agreement, unless the context otherwise requires: 2.1 "Act" means the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. 2.2 "Effective Date" means the date on which the Town comes into existence under State Law. 2.3 "Fiscal Year" means July 1 through June 30. 2.4 "Town Boundary" means the boundary of the Town of Alamo as depicted as Area 1 of the preliminary draft CFA. Any change by LAFCO to this boundary that significantly affects the Revenue Neutrality obligation as stated in this Agreement may require negotiation of an amendment to adjust the Revenue Neutrality payment amount. 2.5 "Transition Period" means the period commencing with the Effective Date and ending on June 30, 2010. 3.0 COUNTY SERVICES AFTER INCORPORATION 3.1 County Support Services. As required by Government Code section 57384, the County will continue to provide all county services furnished to the area within the Town Boundary prior to incorporation until the end of the Transition Period or until the town council requests discontinuation of the services, whichever occurs first. During this Transition Period, services shall be provided at the current level of service. 3.2 Contra Costa County Library. The Contra Costa library services will not be affected by this Agreement. 3.3 Special Districts. Fire, school, water, wastewater and other special districts will not be affected by this Agreement. 3.4 Continued County Services. The County and Town may contract for a continuation of County services or an enhanced level of service to the Town after the Transition Period as mutually agreed upon between the Town and the County. 4.0 COUNTY SERVICE AREAS /SPECIAL BENEFIT ASSESSMENT DISTRICTS: Government Code section 25210.90 provides for automatic exclusion (detachment) from County Service Areas ("CSAs") upon the effective date of.the incorporation. Government Code section 56375(n) allows LAFCO to waive the automatic detachment if it finds application would deprive an area of a service needed to ensure the health, safety, or welfare of the residents of the area and if it finds that the waiver would not affect the ability of a city to provide any service. 4.1 CSA EM-1: CSA EM-1 shall continue in force and effect. The automatic detachment of Town property from CSA EM-1 as required by Government Code section 25210.90 shall be waived as detachment would deprive the residents of the Town of a service needed to ensure their health, safety and welfare. Upon incorporation of the Town, any taxes, fees, assessments and charges imposed by CSA EM-1 shall continue to be imposed in the areas 3 becoming part of the new Town at the same rate and manner as under the County and the existing zone of the County Service Area shall continue. 4.2 CSA L-100: The automatic detachment of Town property from CSA L-100 as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within those portions of CSA L-100 that exist within Area 1 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to those portions of CSA L-100 that exist within Area 1 or made on behalf of those portions of CSA L-100 that exist within Area 1 during Fiscal Year 2008-2009 and during the Transition Period. At the end of the Transition Period, all unencumbered funds of those portions of CSA L-100 that exist within Area 1, including cash on hand and monies due but uncollected, and any obligations of those portions of CSA L-100 that exist within Area 1, shall be divided between the Town and the CSA L-100 in proportion to the area remaining in the unincorporated area and the area within the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. _ 4.3 CSA M-30: The automatic detachment of Town property from CSA M-30 as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within CSA M-30 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to CSA M-30 or made on behalf of CSA M-30 during fiscal year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of CSA M-30, including cash on hand and monies due but uncollected, and any obligations of the CSA M-30 shall be transferred to the new Town. Further, at the end of the Transition Period the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.4 CSA P-2 (Zone B): The automatic detachment of Town property from CSA P-2 (Zone B) as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within those portions of CSA P-2 (Zone B) that exist within Area 1 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to those portions of CSA P-2 (Zone B) that exist within Area 1 or made on behalf of those portions of CSA P-2 (Zone B) that exist within Area 1 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of those portions of CSA P-2 (Zone B) that exist within Area 1, including cash on hand and monies due but uncollected, and any obligations of those portions of CSA P-2 (Zone B) that exist within Area 1 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.5 CSA P-5: The automatic detachment of Town property from CSA P-5 as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within CSA P-5 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to CSA P-5 or made on behalf of CSA P-5 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of CSA P-5, including cash on hand and monies due but uncollected, and any obligations of CSA P=5 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees shall pass to the new Town. 4 4.6 CSA P-6: The automatic detachment of Town property from CSA P-6 as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within those portions of CSA P-6 that exist within Area 1 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to those portions of CSA P-6 that exist within Area 1 or made on behalf of those portions of CSA P-6 that exist within Area 1 during Fiscal Year 2008-2009 and during the Transition Period. At the end of the Transition Period, the balances of the CSA P-6 accounts for the existing zones of the new Town Area shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.7 CSA R-7A: The automatic detachment of Town property from CSA R-7A as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within CSA R-7A shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to CSA R-7A or made on behalf of CSA R-7A during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of CSA R-7A, including cash on hand and monies due but uncollected, and any obligations of CSA R-7A shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.8 LL-2 Benefit Zone 36: The Countywide Landscaping District LL-2 Benefit Zone 36 (Alamo Area) will detach from the County on the last day of the Transition Period. Services provided by the County within LL-2 Zone 36 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to LL-2 Zone 36 or made on behalf of LL-2 Zone 36 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of LL-2 Zone 36, including cash on hand and monies due but uncollected, and any obligations of LL-2 Zone.36 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.8 LL-2 Benefit Zone 45: The Countywide Landscaping District LL-2 Benefit Zone 45 (Alamo Villas) will detach from the County on the last day of the Transition Period. Services provided by the County within LL-2 Zone 45 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to LL-2 Zone 45 or made on behalf of LL-2 Zone 45 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of LL-2 Zone 45, including cash on hand and monies due but uncollected, and any obligations of LL-2 Zone 45 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.9 LL-2 Benefit Zone 54: The Countywide Landscaping District LL-2 Benefit Zone 54 (Alamo Country Sub-Divisions 7601 and 7818) will detach from the County on the last day of the Transition Period. Services provided by the County within LL-2 Zone 54 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to LL-2 Zone 54 or made on behalf of LL-2 Zone 5 54 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of LL-2 Zone 54, including cash on hand and monies due but uncollected, and any obligations of LL-2 Zone 54 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.10 Stormwater Utility Area 17: Those portions of Stormwater Utility Area 17 that exist within Area I will detach from the County on the last day of the Transition Period. Services provided by the County to those portions of Stormwater Utility Area 17 that exist within Area I shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses, except those which may be incurred due to obligations to the Clean Water Program or that result from the orders of the Regional Water Quality Control Board, shall be charged to those portions of Stormwater Utility Area 17 that exist within Area I or made on behalf of those portions of Stormwater Utility Area 17 that exist with Area 1 during Fiscal Year 2008-2009 and during the Transition Period. At the end of the Transition Period, all unencumbered funds of those portions of Stormwater Utility Area 17 that exist within Area 1, including cash on hand and monies due but uncollected, and any obligations of those portions of Stomwater Utility Area I that exist within Area 1, shall be divided between the Town and the Stormwater Utility Area 17 in proportion to the area remaining in the unincorporated area and the area within the new Town. 4.11 Alamo Area of Benefit Fund: The Alamo Area of Benefit Fund (Traffic Fee) shall be transferred to the Town as of the Effective Date. No unusual or extraordinary expenses shall be charged to the Alamo Area of Benefit Fund during Fiscal Year 2008-2009. The Town Council shall have the right to review expenditures made from the Alamo Area of Benefit Fund during Fiscal Year 2008-2009 and request reimbursement of the Fund by the County if unusual or extraordinary expenditures are found. Further, the authority to collect assessments or fees shall pass to the new Town on the Effective Date. 5.0 REVENUE NEUTRALITY PAYMENTS. 5.1 Total General Fund Obligation: The Town shall pay the County a total of $3 million in revenue neutrality payments. This total revenue neutrality obligation is based on an annual County deficit amount of$572,757, as calculated in the CFA. 5.1.1 Source of Payment: The Town will make a lump sum payment of$3 million to the County. It is anticipated that these funds will come from Town General Fund accumulated reserves. 5.1.2 Payment Schedule: The Town shall pay the County the entire amount of the lump sum payment no later than June 30, 2019. 5.1.3 Fre-payment: The Town may pre-pay any amount due under this Agreement on terms mutually agreed upon by the Town and County. 5.2 Total Road Funds Obligation: The Town agrees to waive Revenue Neutrality payments from the County's Road Fund of$310,570, as calculated in the CFA. 5.3 Town Appropriation: The Town shall appropriate on an annual basis sufficient funds to meet its obligations under this Agreement. The County and the Town, upon incorporation, 6 shall negotiate and execute any additional legal documents necessary to implement this Agreement and, if required, to affect a direct transfer of payments due hereunder. A direct transfer is a transfer from either the State Board of Equalization or the County Auditor- Controller to the County without the necessity of an intermediate transfer to the Town. Until an Agreement for direct transfer of such funds is completed, the Town Council shall appropriate on an annual basis sufficient funds to meet its obligations hereunder. 5.4 Refunding the First Year Costs: 5.4.1 In Fiscal Year 2010/11, the County will pay from the General Fund the net credit for costs of general fund services provided to the Town during the Transition Period (approximately $274,000). In the unlikely event that the actual net of revenues received by the County minus service costs paid by the County reflects a net cost, the Town will pay the County the net cost within five (5) years of June 30, 2009. 5.4.2 The County waives reimbursement by the Town for the net cost of providing road and traffic signal maintenance to the Town during the Transition Period. The net cost of providing such services will be paid by the County's Road Fund approximately $283,000). 5A.3 In Fiscal Year 2010/11, the County, using Park Funds, will pay the net credit for costs of park services to the Town (approximately $398,000) during the Transition Period. 6.0 DEFAULTS AND REMEDIES 6.1 Events of Default. A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: 6.1.1 One party to this Agreement is proven to have knowingly made a material false representation to the other. 6.1.2 The County fails to provide the services provided for in Section 3 of this Agreement. 6.1.3 The Town or County fails to make any payment due hereunder. 6.1.4 Any other act or omission by Town or County which materially interferes with the terms of this Agreement. 6.2 Procedure upon Default 6.2.1 In General. This Paragraph 6.2 establishes the exclusive process by which disputes between the parties to this Agreement concerning or relating to this Agreement shall be resolved. The dispute resolution process established herein shall apply to disputes related to the interpretation or enforcement of, or compliance with, the terms and provisions of this Agreement. Disputes that are not alleged to relate to the interpretation of, or compliance with, this Agreement are not subject to this dispute resolution process. 7 6.2.2 Notice of Default. Upon the occurrence of an event of default by the other party, the aggrieved party shall provide the other party with thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which the default may be satisfactorily cured. In the event that the default cannot be cured within the thirty (30) day cure period, but is subject to cure within a longer period of time, the defaulting party shall be deemed not to remain in default if it commences to cure within such thirty (30) day cure period and diligently prosecutes such cure to completion. Failure or delay in giving notice of default shall not constitute a waiver of default. 6.2.3 Default By Town. In the event of the Town's uncured default of its obligations to make any payment due hereunder, the County may order the County Auditor to retain in a segregated escrow account for the benefit of the Town any funds on hand due the r Town pending resolution of the default. If the escrowed amounts are sufficient to cover the costs of payments due, the County will continue to provide all services due hereunder, pending cure or resolution of the default by judicial order or other means. The funds in escrow will not be released to the Town until the County has been reimbursed for all services provided. In addition, upon default by the Town, at the option of County, the entire amount of all revenue transfers due to County hereunder shall become immediately due and payable without diligence, demand or presentment, protest or notice of any kind. 6.2.5 Informal Conferral. If a dispute arises as described above in Paragraph 6.2.1, the Town and the County will first attempt to resolve it through informal discussions, which may include designated representatives of the staff of the County or the Town, at their discretion. The Town and County will coordinate the date, time and location of informal conferral. 6.2.6 Mediation. In the event a dispute cannot be resolved through informal conferral within twenty-one (21) calendar days, the aggrieved party, acting through its governing body, shall give written notice to the other party to this Agreement, setting forth the nature of and basis for the dispute and facts demonstrating that the aggrieved party is materially and adversely affected thereby and requesting mediation. The County and the Town, acting through their designated representatives, including counsel, shall endeavor to settle the dispute by mediation. The County and the Town shall select a neutral third party to mediate the dispute. 6.2.7 Judicial Review. If the dispute cannot be resolved by mediation, either party may terminate this Agreement or proceed to judicial review, as described herein. The dispute resolution process described above shall be undertaken in good faith and exhausted prior to resort to judicial review; provided, however, that by agreeing to this dispute resolution process; no party hereby loses or waives its right to sue under any applicable statute of limitations or loses or waives its right to assert the operation of any applicable statute of limitations as an affirmative defense. In the event that an applicable statute of limitations would run during the pendency of the dispute resolution process described above, the County and Town shall agree in writing to toll such statute of limitations for such period as may reasonably be necessary to complete the dispute resolution process, but in no event shall such statute of limitations be tolled for more than ninety (90) calendar days. The obligations of the parties to this Agreement shall be enforceable only by specific performance or other equitable relief. 8 6.2.8 Conduct of Judicial Review. Should any Party to this Agreement ultimately seek judicial review of a dispute concerning or relating to the implementation, interpretation or enforcement of, or compliance with, the terms and provisions of this Agreement, the Town and County will submit to the jurisdiction of a court of competent jurisdiction; provided, however, that the parties shall cooperate in seeking the appointment. of a neutral Judge as defined in California Code of Civil Procedure section 394 to sit in Contra Costa County Superior Court, to preside over any such dispute. 7.0 AMENDMENTS 7.1 Mutual Agreement. This Agreement may be modified or amended by written agreement executed by the Town and Contra Costa County, Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval. 7.2 Negotiation of Amendments. The parties acknowledge that circumstances may arise which may call for or require mutual good faith negotiations for the amendment of this Agreement. Without limitation due to enumeration, the parties agree to meet and confer regarding the possible mutual amendment of this Agreement within 30 days of the written notice by one party to the other party of the occurrence of one or more of the following: 7.2.1 The passage of a statute or issuance of a legislative or executive order from a federal, state or local governmental entity that materially alters the manner in which revenues to the Town or County are paid or allocated. 7.2.2 Unanticipated loss of revenue to the Town or County by circumstances outside of that entity's jurisdictional control, other than statute or Legislative or Executive Order, that materially alters either party's anticipated revenue or materially increases services costs over those anticipated in this Agreement or in the CFA. 7.2.3 Natural disasters that materially destroy Town or County infrastructure to the extent that the County's ability to provide services or the Town's ability to make payments would be materially impaired. 7.2.4 The discovery by the Town or the County of any error or omission in the data utilized for development of the CFA and this Agreement that materially affects the basis for the amount of payments due hereunder, or the projection of future revenues and or costs on which the payment schedule was based. Such errors are limited to base assumptions and inputs provided by the County and specifically exclude challenges to forecasting methods and assumptions used by LAFCO and its consultant in preparing the CFA. 7.3 Upon receipt of such written notice, the parties shall, within 30 days, hold at least one meeting to negotiate in good faith a mutual amendment of this Agreement. However, nothing contained herein shall require the mutual amendment of this Agreement or authorizes the unilateral amendment hereof. 7.4 In the event the CFA upon which this Agreement is modified or revised, the parties agree to amend this Agreement based on the modified or revised CFA. 9 8.0 MISCELLANEOUS PROVISIONS. 8.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. 8.2 Entire Agreement Waivers and Recorded Statement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between the County, the Committee, and the Town respecting this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the County, and the Town. 8.3 No Personal Liability of Part of Chief Petitioners. Chief Petitioners are executing this Agreement in a representative capacity on behalf of the new Town, yet to be formed. Nothing herein shall create any personal liability on the part of the Chief Petitioners with regard to any obligations hereunder. 8.4 No Third Party Beneficiaries. This Agreement is not enforceable by or for the benefit of, and shall create no obligation to any person or entity other than the parties (i.e., County and Town) hereto and their permitted successors, assigns and legal representatives. 8.5 Incorporation of Recitals. The recitals set forth in Section 1.0 of this Agreement are part of this Agreement. 8.6 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify; or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 8.7 Consent. Where the consent or approval of the County, or the Town is required in or necessary under this Agreement, the consent or approval shall not be unreasonable withheld, delayed or conditioned. 8.8 Covenant of Cooperation. The County, and the Town shall.cooperate and deal with each in good faith, and assist each other in the performance of the provisions of this Agreement. 8.9 Recording. The Clerk of the Board of Supervisors shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Contra Costa County, California, within 10 days following the Effective Date. 8.10 Delay, Extension of Time for Performance. In addition to any specific provision of this Agreement, performance by either the County or the Town of its obligations hereunder shall be excused, and the term of this Agreement extended, during any period of delay caused at any time by reason of any event beyond the control of County or the Town which prevents or delays performance by the County or the Town of obligations under this Agreement, including but not limited to, acts of God, enactment of new conflicting Federal or State laws or regulations, judicial actions such as the issuance of restraining orders and injunctions, riots, strikes, or damage to work in process by reason of fire, floods, earthquake, or other such casualties. If the County or the Town seeks excuse from performance, it shall provide written notice of such delay to the other within thirty (30) days of the commencement of such delay. If the delay or default is beyond the control of the County or the Town and is excused, an 10 extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 8.11 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. 8.12 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 8.13 Counterparts. This Agreement may be executed and acknowledged in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement, binding on the parties hereto. 8.14 Notices. Any notice, demand or request that either party hereto may, or is required to give to the other, shall be in writing and shall be deemed to have been received three days after being deposited in the U.S. Mail. Mail directed to the County shall be addressed to the County Administrator and mail directed to the Town shall be addressed to the Town Manager. 8.15 Drafting. The parties fully participated in negotiating the terms and conditions of this Agreement. In any action over this Agreement, it shall not be construed in favor of or against the drafting party. 8.16 Review. Parties acknowledge that this document has been reviewed and approved by their respective legal counsel or hereby waive that right. Failure by one party to obtain legal review shall not be used in any action against the other party. 11 CHIEF PETITIONERS CHIEF PETITIONERS B By: Title) ATTEST: ATTES Date: Date: 14V L CHIEF PETITIONERS COUNTY OF CONTRA COSTA l By: By: LLaA Title) ATTEST• ATTEST;....;, d c r Date: Date: 2-00 APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY LAFCO NO. EXHIBIT`A' ALAMO INCORPORATION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CONTRA COSTA COUNTY,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: BEING PORTIONS OF THE RANCHO SAN MIGUEL,RANCHO SAN RAMON,SECTIONS 6,7, 10 AND 11,TOWNSHIP ONE SOUTH,RANGE ONE WEST,MOUNT DIABLO BASE AND MERIDIAN, AND SECTIONS 1, 12, 13, f4,23 AND 24,TOWNSHIP ONE SOUTH,RANGE TWO WEST,MOUNT DIABLO BASE AND MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF POST ANNEXATION TO THE CITY OF WALNUT CREEK(ORDINANCE NO. 714),SAID POINT BEING ON THE SOUTHWEST CORNER OF LOT 5,AS SAID LOT IS'SHOWN AND SO DESIGNATED ON THE MAP ENTITLED SUBDIVISION 3096,CONTRA COSTA,COUNTY,CALIFORNIA",FILED ON MAY 17, 1963 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 92 OF MAPS AT PAGE 47;THENCE ALONG THE SOUTHERN BOUNDARY OF SAID POST ANNEXATION(ORDINANCE NO. 714)[L-IJ NORTH 14°15'WEST 132 FEET;THENCE[L-2] NORTH 37°23' EAST 165 FEET; THENCE[L-3] NORTH 65°48' EAST 334 FEET AND[L-41 SOUTH 65°44'EAST 195.91 FEET; THENCE[L-51 NORTH 34-18'10"EAST 28.51 FEET;THENCE[L-61 NORTH 81°13'41"EAST 297.73 FEET TO THE WEST LINE OF DANVILLE BOULEVARD ALSO BEING ON THE WEST LINE OF CALIFORNIA HIGHWAY 680 AS SHOWN ON THE CALIFORNIA HIGHWAY 680 RIGHT OF WAY RECORD MAP NO.R-86.27;THENCE ALONG THE WESTERN RIGHT OF WAY LINE OF HIGHWAY 680(R-86.27)THE FOLLOWING FIFTEEN(15)COURSES:[L-71 1)SOUTH 35°17'06" EAST 157.90 FEET;[C-I]2)ALONG THE ARC OF A TANGENT 1220.10 FOOT RADIUS CURVE, CONCAVE TO THE WEST,THROUGH A CENTRAL ANGLE OF 09°36'03",AN ARC DISTANCE OF 204.45 FEET;[G2J 3)ALONG THE ARC OF A TANGENT COMPOUND 10.00 FOOT RADIUS CURVE,THROUGH A CENTRAL ANGLE OF 102°20'35",AN ARC DISTANCE OF 17.86 FEET;[L- 814)SOUTH 76°39'32"WEST 50.00 FEET;[L-91 5)SOUTH 13°20'28"EAST 60.00 FEET;[L-IO]6) SOUTH 76039'32"EAST 64.72 FEET;[C-31 7)ALONG THE ARC OF A TANGENT 10.00 FOOT RADIUS CURVE,CONCAVE TO THE WEST,THROUGH A CENTRAL ANGLE OF 81°30'32",AN ARC DISTANCE OF 14.23 FEET;[C-41 8)ALONG THE ARC OF A TANGENT COMPOUND 1220.10 FOOT RADIUS CURVE,CONCAVE TO THE WEST,THROUGH A CENTRAL ANGLE OF 09046'35",AN ARC DISTANCE OF 208.19 FEET;[L-11J 9)SOUTH 12°03'21"EAST 108.15 FEET; L-12J 10)SOUTH 08°49'52"EAST 44.86 FEET;[GSJ 11)ALONG THE ARC OF A TANGENT 749.26 FOOT RADIUS CURVE,CONCAVE TO THE EAST,THROUGH A CENTRAL ANGLE OF 11°43'54", AN ARC DISTANCE OF 153.41 FEET;[C-6J 12)ALONG THE ARC OF A NON-TANGENT 5679.64 FOOT RADIUS CURVE,CONCAVE TO THE NORTHWEST,THE CENTER OF WHICH BEARS NORTH 48009'14.3"WEST,THROUGH A CENTRAL ANGLE OF 00000'07.7",AN ARC DISTANCE OF 0.21 FEET;[C-71 13)ALONG THE ARC OF A TANGENT COMPOUND 3769.77 FOOT RADIUS CURVE,CONCAVE TO THE NORTHWEST,THROUGH A CENTRAL ANGLE OF 00°31'38",AN ARC DISTANCE OF 34.69 FEET; [C-8J 14)ALONG THE ARC OF A TANGENT REVERSE 2814.61 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 00036'00",AN ARC DISTANCE OF 29.47 FEET;[L-13J 15)SOUTH 22°53'01"EAST 1574.34 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,RECORDED ON JANUARY 27, 1997,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.97-013892;THENCE LEAVING SAID WEST LINE OF CALIFORNIA HIGHWAY 680 AND ALONG THE BOUNDARY OF SAID PARCEL,(97-013892)THE FOLLOWING THREE(3)COURSES:[L-13A] 1)SOUTH 22°53'01"EAST 79.87 FEET;[L-13B]2)NORTH 63'47'14"EAST 77.70 FEET;AND[L-13C]3)NORTH 07°42'52" WEST 90.19 FEET TO A POINT ON SAID WEST LINE OF CALIFORNIA HIGHWAY 680;THENCE ALONG SAID WEST LINE OF CALIFORNIA HIGHWAY 680 THE FOLLOWING THREE 3) U:I0ocumenI Files'207 C07 14.0,11- rn ineeriar,o d.S'un>erira>iLeo rri,tion;r1':4'F.,l'.97!)rt'fI0- 0 _ g DESCR.IPTJOY.doc 1 - COURSES: [L-141 1)NORTH 61'3427"EAST 241.37 FEET,IL-15J 2)SOUTH 44044'20"EAST 43.99 FEET;IL-16J AND 3)SOUTH 39'54'28"EAST 19.96 FEET;THENCE LEAVING SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680 AND ALONG THE WALNUT CREEK CITY LIMITS LINES AS SHOWN ON SAID MAP(R-86.27),SAID LINE,ALSO BEING THE EASTERN RIGHT OF WAY LINE OF BROOKDALE COURT, THE FOLLOWING FOUR_(4) COURSES:[C-91 1)ALONG THE ARC OF A NON-TANGENT 40.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST,THROUGH A CENTRAL ANGLE OF 04-49'3 1",AN ARC DISTANCE OF 3.37 FEET;[C-101 2)ALONG THE ARC OF A TANGENT 40.00 FOOT RADIUS CURVE, ONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 35-39'33",AN ARC DISTANCE OF 24.89.FEET";[L-171 3)'SOUTH 26*12'46"EAST 262.63 FEET;[C-111 4)ALONG THE ARC OF A TANGENT 20.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGLE OF 90000'00",AN ARC DISTANCE OF 31.41 FEET TO A POINT ON THE NORTHERN RIGHT OF WAY LINE OF BROOKDALE AVENUE;THENCE ALONG SAID NORTHERN RIGHT Of WAY LINE OF BROOKDALE AVENUE THE FOLLOWING TWO(2), COURSES:/Z-18j 1)NORTH 63°47'14"EAST 40.00 FEET;AND[C-121 2)ALONG THE ARC OF A TANGENT 124.99 FOOT RADIUS CURVE,CONCAVE TO THE SOUTH,THROUGH A CENTRAL ANGLE OF 11-59'15",AN ARC DISTANCE OF 26.15 FEET TO A POINT ON SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680;THENCE ALONG SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680 THE FOLLOWING TWO'(2)COURSES: L-19J 1)SOUTH 45-05'22"EAST 111.78 FEET;AND[L-20J 20)SOUTH 49*33'42"EAST 154.27 FEET;THENCE LEAVING SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680 AND ALONG THE WALNUT CREEK CITY LIMITS LINE AS SHOWN ON SAID f MAP(R-86.27) THE FOLLOWING THREE COURSES: [L-211 1)SOUTH 63-37'38"WEST 44.33 FEET; [L-221 2) SOUTH 23015'36"EAST 251.91'FEET;AND [L-2313)NORTH 63*19'24"EAST 127.98 FEET TO A POINT ON SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680;THENCE ALONG SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680(R-86.27)THE FOLLOWING TWO(2)COURSES: [C-13J 1)ALONG THE ARC OF A NON-TANGENT 4896.41 FOOT RADIUS CURVE;CONCAVE TO THE SOUTHWEST,THROUGH A CENTRAL ANGLE OF 02022'35".AN ARC DISTANCE OF 203.35 FEET;IL-241 2)SOUTH 29*21'32"EAST 22.01 FEET; THENCE LEAVING SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680 AND ALONG THE WALNUT CREEK CITY LIMITS LINE AS SHOWN ON SAID MAP(R-86.27) THE FOLLOWING TWO(2)COURSES:[L-251 1)SOUTH 63019'24"WEST 60.53 FEET;AND IL-261 2) SOUTH 27-44'46"EAST 76.31 FEET TO A POINT ON SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680;THENCE ALONG SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680(R-86.27)THE FOLLOWING EIGHT(8)COURSES:[L-271 1)SOUTH 41022'08"WEST 199.57 FEET;[L-281 2)SOUTH 29°21'32"EAST 504.28 FEET;[L-29J 3)SOUTH 69009'52"EAST 310.43 FEET,[1,.-3014)SOUTH 35-20'49"EAST 105.17 FEET;[L-311 5)SOUTH 25046'57"EAST 315.60 FEET;"4 6)SOUTH 46*03'29"EAST 156.61 FEET;[L-331 7)SOUTH 17023'22"EAST 226.65 FEET;AND[L-341 8)SOUTH 29021'32"EAST 95.25 FEET;THENCE LEAVING SAID WESTERN RIGHT OF WAY LINE OF CALIFORNIA HIGHWAY 680[L-35J NORTH 53047'20"EAST 291.10 FEET TO A POINT ON THE EASTERN RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY 680,SAID POINT BEING THE NORTHWEST CORNER OF PARCEL TWO(SUGARLOAF)AS DESCRIBED IN.C.S.A.R-8 ANNEX TO THE CITY OF WALNUT CREEK;THENCE ALONG THE BOUNDARY OF SAID PARCEL TWO OF C.S.A.R-8 ANNEX TO THE CITY OF WALNUT CREEK THE FOLLOWING TEN(10)COURSES:[L-36J 1)SOUTH 29"21'32"EAST 477.27 FEET;(L-371 2)NORTH 88-19'02"EAST 302,645 FEET;[L-381 3)SOUTH 29021'32"EAST 400.033;[L-39J 4)SOUTH 3*43'04"EAST 554.666 FEET;[L-401 5)SOUTH 51050'37"EAST 329.597 FEET;IL-41J 6)SOUTH 89'20'47"EAST 216.548 FEET;[L-42] 7)NORTH 28030'00"EAST 427.00 FEET;[L-43]. 8)NORTH 20'30'00"EAST 165.00 FEET;[L-44] 9)NORTH 5°00'00"WEST 141.00 FEET;AND[L-45] 10)NORTH 0°24'36"WEST 96.12 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF THE CORTESE ANNEXATION TO THE CITY OF WALNUT CREEK(ORDINANCE NO.491);THENCE ALONG SAID SOUTHERN BOUNDARY OF SAID CORTESE ANNEXATION(ORDINANCE,NO.491)IL-461 NORTH 88°51'EAST 211.73 FEET TO A POINT ON THE SOUTHERN LINE OF THE DAILEY-FRANCO ANNEXATION To THE CITY OF WALNUT CREEK(ORDINANCE NO. 52'9);THENCE ALONG THE SOUTHERN BOUNDARY OF THE DAILEY-FRANCO ANNEXATION(ORDINANCE NO. 529)ALSO BEING ALONG THE t,'117cuntent File.0 20,700-110 70 14.00 2 Engin e-erin a&,Su;-vevitkg degal 1.4,5vriprior,1A NNEX-4 TIO N DfSCPJP770A7.dok 2 - SOUTHERN BOUNDARY OF PARCEL"A",AS SAID PARCEL IS SO SHOWN AND DESIGNATION ON THAT CERTAIN SUBDMSION MAP ENTITLED"SUBDIVISION 4810",FILED ON SEPTEMBER 23, 1976,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 189 OF MAPS AT PAGE 48,[L-47] SOUTH 89-43'18"EAST 738.89 FEET TO'THE SOUTHWEST CORNER OF LOT 20 AS SAID LOT IS SO SHOWN AND DESIGNATED ON THAT CERTAIN SUBDMSION MAP ENTITLED"SUBDMSION 3307 PADDOCK HILLS",FILED JUNE 25, 1964,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 99 OF MAPS AT PAGE 30;THENCE CONTINUING ALONG SAID SOUTHERN BOUNDARY OF SAID DAILEY-FRANCO ANNEXATION(ORDINANCE NO. 529)AND THE SOUTHERLY BOUNDARY OF SAID LOT 20(99 M 30)AND ITS EXTENSION THEREOF,[L-481 SOUTH 89-43'18"EAST 933.43 FEET TO AN ANGLE POINT IN THE WESTERN BOUNDARY OF LOT 4 AS SAID LOT IS SO SHOWN ON SAID MAP(99 M 30), SAID POINT ALSO BEING THE NORTHWEST CORNER OF PADDOCK HILLS ANNEXATION TO THE CITY OF WALNUT CREEK(ORDINANCE NO. 1891); THENCE ALONG THE WESTERN AND SOUTHERN BOUNDARY OF PADDOCK HILLS ANNEXATION(ORDINANCE NO. 189 1)AND THE BOUNDARY OF SAID LOT 4(99 M 30)AND ITS EXTENSION THEREOF,[L-491 SOUTH 6°19'31 EAST 755.34 FEET TO A POINT ON THE CENTER LINE OF LIVORNA ROAD;THENCE ALONG SAID CENTERLINE OF LIVORNA ROAD AS SHOWN ON SAID MAP(99 M 30),ALSO BEING ALONG THE SOUTHERLYBOUNDARYOF SAID PADDOCK HILLS ANNEXATION(ORDINANCE NO. 189 1)AND ALONG THE BOUNDARY OF THE SOUTHERN ANNEXATION NO.25 TO THE CITY OF WALNUT CREEK(ORDINANCE NO.552)[L-501 NORTH 72°23'20"EAST 511.57 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID SOUTHERN ANNEXATION NO.25(ORDINANCE NO.552)SAID POINT ALSO BEING ON THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM TED H.WHITAKER,ET UX,TO ROLLIN H.WHITE,ET UX,RECORDED FEBRUARY 27, 1956,IN VOLUME 2713 OF OFFICIAL RECORDS,PAGE 565; THENCE ALONG THE BOUNDARY OF SOUTHERN ANNEXATION NO.25 (ORDINANCE NO. 552),ALSO BEING ALONG THE EASTERN BOUNDARY OF LOT 130,AS SAID LOT IS SO SHOWN ON SAID MAP(99 M 30)AND ITS EXTENSION THEREOF,[L-511 NORTH 01036'23"EAST 320.20 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF LOT 123,AS SAID LOT IS SO SHOWN ON SAID MAP(99 M 30); THENCE ALONG SAID SOUTHERN BOUNDARY OF LOT 123(99 M 30)AND ALONG THE BOUNDARY OF SAID SOUTHERN ANNEXATION NO. 25(ORDINANCE NO. 552)[L-521 SOUTH 88023'37"EAST 149.23 FEET TO A POINT ON THE NORTHWEST CORNER OF LOT 132,AS SAID LOT IS SO SHOWN ON SAID MAP(99 M 30);THENCE ALONG THE WESTERN BOUNDARY OF SAID LOT 132(99 M 30) AND ALONG THE BOUNDARY OF SAID SOUTHERN ANNEXATION NO.25(ORDINANCE NO. 552)[L-531 SOUTH 01036'23"WEST 268.19 FEET TO A POINT ON THE CENTER LINE OF SAID LIVORNA ROAD;THENCE ALONG SAID CENTER LINE OF LIVORNA ROAD AND ALONG THE BOUNDARY OF SAID SOUTHERN ANNEXATION NO.25 ORDINANCE NO. 552)[L-541 NORTH 72°23'20"EAST 80.02 FEET TO A POINT ON THE SOUTHEAST CORNER OF SAID LOT 132(99 M 30);THENCE ALONG THE EAST LINE OF LOT 132(99 M 30)AND ITS EXTENSION THEREOF,AND ALONG THE BOUNDARY OF SAID SOUTHERN ANNEXATION NO.25(ORDINANCE NO. 552)[L-551 NORTH 01°36'23"EAST 524.18 FEET TO A POINT ON THE BOUNDARY OF THE"DAILEY-FRANCO ANNEXATION"TO THE CITY OF WALNUT CREEK(ORDINANCE NO.529);THENCE ALONG THE BOUNDARY OF SAID DAILEY-FRANCO ANNEXATION"(ORDINANCE NO. 529)[L-561 NORTH 01°30'04"EAST 1991.32 FEET TO THE SOUTHWEST CORNER OF THE "STARK ANNEXATION TO THE CITY OF WALNUT CREEK"(ORDINANCE NO. 3691); SAID POINT BEING ON THE BOUNDARY OF THAT CERTAIN PARCEL MAP FILED AUGUST 6, 1968, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 4 OF PARCEL MAPS AT PAGE 42;THENCE ALONG THE SOUTHERN BOUNDARY OF THE STARK ANNEXATION(ORDINANCE NO.3691),ALSO BEING ALONG THE BOUNDARY OF SAID PARCEL MAP(4 PM 42)[L-571 SOUTH 89°34'EAST 130.65 FEET;THENCE[L-581 SOUTH 54°40'40"EAST 254.18 FEET TO A POINT ON THE NORTHERN LINE OF LIVORNA HEIGHTS ROAD; THENCE ALONG THE NORTHERN LINE.OF LIVORNA HEIGHTS ROAD,[C-141 ALONG THE ARC OF A 35.00 FOOT RADIUS CURVE,THROUGH A CENTRAL ANGLE OF 26013'14",AN ARC DISTANCE OF 16.02 FEET TO THE SOUTHWEST CORNER OF MICHAEL GEE BOUNDARY REORGANIZATION(RESOLUTION NO.4169,LAFCO 81-35);THENCE ALONG THE SOUTHERN BOUNDARY OF MICHAEL GEE BOUNDARY U-;Uocu:nenf Fils>.+ '(I:UU- 2!!'(11 l.lTt)'. r?7gineerirro .Suri uire Legcci I -riprioni AINE,,1.AT10A,; 17ESCR JPTI0A`..doc 3 - REORGANIZATION(RESOLUTION NO.4169),ALSO BEING ALONG THE BOUNDARY OF LOT 15,AS SAID LOT IS SHOWN AND SO DESIGNATED ON THE CERTAIN SUBDMSION MAP ENTITLED"SUBDMSION 5931",FILED ON JUNE 28, 1983,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 271 OF MAPS AT PAGE 21,ALSO BEING ALONG THE EASTERN LINE OF LIVORNA HEIGHTS ROAD,[GI51 ALONG THE ARC OF A NON-TANGENT 35.00 FOOT RADIUS CURVE,THE CENTER OF WHICH BEARS SOUTH 01°22'38"EAST, THROUGH A CENTRAL ANGLE OF 115018'48",AN ARC DISTANCE OF 70.44 FEET TO A POINT OF REVERSE CURVATURE;THENCE[C-161 ALONG THE ARC OF A TANGENT 35.00 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 38012'48",AN ARC DISTANCE OF 23.34 FEET;THENCE[L-591 SOUTH 11°22'05"EAST 11.85 FEET;THENCE LEAVING SAID EASTERN LINE OF LIVORNA HEIGHTS ROAD AND CONTINUING ALONG THE SOUTHERN BOUNDARY OF'MCHAEL GEE BOUNDARY REORGANIZATION(RESOLUTION NO.4169)AND CONTINUING ALONG THE BOUNDARY OF SAID LOT 15 (271 M 21)[L-601 SOUTH 55°22'55"EAST 537.00 FEET TO A POINT ON THE WESTERN BOUNDARY OF THE"MELLO ANNEXATION"TO THE CITY OF WALNUT CREEK RESOLUTION NO.2083);THENCE ALONG THE WEST BOUNDARY OF"MELLO ANNEXATION"(RESOLU'T'ION NO.2083)[L-611 SOUTH 0°36'09"WEST 2034.17 FEET TO THE CENTER LINE OF LIVORNA ROAD;THENCE ALONG THE CENTER LINE OF LIVORNA ROAD L-62] SOUTH 87-44'16"WEST 889.98 FEET;THENCE LEAVING THE CENTER LINE OF LIVORNA ROAD AND ALONG THE.EAST BOUNDARY OF THE"HELLO ANNEXATION" RESOLUTION NO.2083)[L-631 NORTH 0048'24"EAST 2640.75 FEET TO A POINT ON THE DAILEY-FRANCO ANNEXATION"TO THE CITY OF WALNUT CREEK(ORDINANCE NO. 529); THENCE ALONG THE BOUNDARY OF THE"DAILEY-FRANCO ANNEXATION"(ORDINANCE NO.529)[L-641 SOUTH 76059'30"EAST 2877.42 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO EAST BAY REGIONAL PARK DISTRICT,RECORDED-ON JUNE 5, 1989,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO. 89-103725, SAID PARCEL BEING A PORTION OF PARCEL"A",AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED"SUBDMSION 6743 STONEGATE UNIT 1",FILED ON JUNE 19, 1987,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN MAP BOOK 313 AT PAGE 28;THENCE ALONG THE WESTERN BOUNDARY OF SAID PARCEL(89-103725)[L-651 NORTH 21°53'15" WEST 283.03 FEET;THENCE LEAVING SAID WESTERN BOUNDARY OF SAID PARCEL(89- 103725)[L-661 NORTH 64°21'31"EAST 45.12 FEET TO AN ANGLE POINT ON SAID PARCEL(89- 103725); THENCE ALONG THE BOUNDARY OF SAID PARCEL(89-103725)THE FOLLOWING TWENTY ONE(2 1)COURSES:[L-671 1)NORTH 64°21'31"EAST 375.96 FEET;[L-681 2)NORTH 64041'05"WEST 280.00 FEET;[L-691 3)NORTH 04°34'47"WEST 540.00 FEET;[L-701 4)NORTH 36026'48"EAST 904.99 FEET;[L-711 5)NORTH 00°52'03"WEST 324.84 FEET;[L- 72] 6)NORTH 46048'07"EAST 219.73 FEET;[L-731 7)NORTH 01°34'49"EAST 312.08 FEET;[L-741 8)NORTH 46048'07"EAST 227.12 FEET;[L-751 9)NORTH 82'30'15"EAST 304.64 FEET;[L-761 10)SOUTH 51°22'44:EAST 554.81 FEET;[L- 771 11)SOUTH 43°11'43"EAST 620.00 FEET;[L-781 12)NORTH 88029'48"EAST 536.80 FEET;[L-791 13)SOUTH 50°02'37"EAST 494.20 FEET;[L-801 14)SOUTH 10055'07"WEST 250.00 FEET;[L-811 15)SOUTH 34038'30"WEST 370.87 FEET;[L-821 16)SOUTH 54049'22"WEST 349.91 FEET;[L-831 17)SOUTH 18011'45"WEST 127.58-FEET;[L-841 18) SOUTH 36058'04"EAST 210.70 FEET;[L-851 19)SOUTH 67°23'32"EAST 1455.50 FEET;[L-861 20)SOUTH 22036'28"WEST 979.07 FEET;AND[L-871 21)SOUTH 76059'27".EAST 1056.52 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL(89-103725),SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO THE STATE OF CALIFORNIA,RECORDED ON DECEMBER 27, 1985,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO. 85-190971;THENCE ALONG THE SOUTHERN BOUNDARY OF SAID PARCEL(85-190971)[L-881 SOUTH 76-53'13" EAST 1445.41 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL(85-190971)SAID POINT ALSO BEING ON THE WESTERN BOUNDARY OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE RESOLUTION OF STATE PUBLIC WORKS BOARD(PARCEL 2807- MOUNT DIABLO),RECORDED ON JUNE 18, 1977,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 8423 OF OFFICIAL RECORDS AT PAGE 109;THENCE ALONG THE WESTERN BOUNDARY OF SAID PARCEL(8423 OR 109)[L-891 SOUTH 6°08'40" U:%l)ocmn'ien7 File.0207 0-,t2O7014.;1 .2 E 7gineering d Smm:e_ijngV,egal DescriptioniA,V:FX4TION" IIESCRIP770.N'.doc 4 - EAST 2389.28 FEET TO A 1 INCH IRON PIPE;THENCE[L-901 NORTH 87°52'06"EAST 5688.23 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO THE STATE OF CALIFORNIA,RECORDED ON JULY 27, 1982, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO. 82-83307; THENCE ALONG THE BOUNDARY OF SAID PARCEL(82-83307)THE FOLLOWING FOUR(4) COURSES:[L-911 1)SOUTH 52012'06"EAST 1583.74 FEET;[L-92J 2)EAST 427.98 FEET;[L-931 3)SOUTH 669.55 FEET;AND[L-941 4)SOUTH 67°54'29"EAST 994.49 FEET TO A POINT IN THE WESTERN BOUNDARY OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE QUITCLAIM DEED TO THE STATE OF CALIFORNIA,RECORDED ON FEBRUARY 29, 1980,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 9753 OF OFFICIAL RECORDS,AT PAGE 157;THENCE ALONG THE WESTERN BOUNDARY OF SAID PARCEL(9753 OR 157)[L-95J SOUTH 1573.41 FEET TO THE NORTHEASTERN CORNER OF PARCEL"D"AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP 81-18,FILED ON SEPTEMBER 5, 1979 IN BOOK 81 OF PARCEL MAPS AT PAGE 18;THENCE ALONG THE EASTERLY LINE OF SAID PARCEL"D"(81 PM 18)[L-961 SOUTH 00°16'40"WEST 2693.41 FEET TO THE SOUTHEASTERN CORNER OF SAID PARCEL"D"(81 PM 81);THENCE ALONG THE SOUTHERN BOUNDARY OF SAID PARCEL"D"(81 PM 81)[L-971 SOUTH 88°52'08"WEST 149.95 FEET TO THE NORTHEASTERN CORNER OF THAT CERTAIN SUBDMSION ENTITLED"SUBDMSION 4894,FILED NOVEMBER 2, 1977,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 203 OF MAPS AT PAGE 49;THENCE ALONG THE EXTERIOR BOUNDARY OF SAID SUBDMSION 4894(203 M 49)THE FOLLOWING FOURTEEN(14)COURSES:[L-981 1) SOUTH 16052'34"WEST 146.77 FEET;[L-99] 2) SOUTH 68°57'05"WEST 751.84 FEET;[L-1001 3) SOUTH 78019'41"WEST 241.17 FEET;[L-1011 4)SOUTH 58°41'19"WEST 138.76 FEET;[L-102J 5) SOUTH 22022'24"WEST 200.58 FEET;[L-103J 6)SOUTH 53°22'56"WEST 76.69 FEET;[L-1041 7) NORTH 56047'58"WEST 98.71 FEET;[L-1051 8)SOUTH 67°28'59"WEST 184.40 FEET;[L-1061 9) I40RTH 41030'46"WEST 164.80 FEET;[L-107] 10)NORTH 21'30'46"WEST 162.06 FEET;[L-108J 1 l)NORTH 14°29'14"EAST 179.29 FEET;[L-109] 12)NORTH 30°11'14"EAST 108.97 FEET;[L- 1101 13)SOUTH 67°28'59"EAST 14.87 FEET;AND[L-IIIJ 14)NORTH 30'11'14"EAST 247.58 FEET TO A POINT ON THE TOWN OF DANVILLE INCORPORATION BOUNDARY,AS DESCRIBED IN THAT CERTAIN DOCUMENT ENTITLED"TOWN OF DANVILLE ORIGINAL INCORPORATION",DATED JANUARY 13, 1982,FILE NO.,LAFC 81-69,SAID POINT ALSO BEING ON THE SOUTHERN LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 15,Tl S, RIW,M.D.B.&M;THENCE ALONG THE TOWN OF DANVILLE INCORPORATION(LAFC 81-69) THE FOLLOWING TWELVE(12)COURSES:/L-1121 1)WEST ALONG SAID LINE AND THE SOUTHERN LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 16,TIS,RIW,M.D.B.&M., 3570 FEET,MORE OR LESS,TO THE CENTER LINE OF GREEN VALLEY ROAD;[C-171 2) NORTHWESTERLY ALONG SAID CENTER LINE,BEING ON A CURVE TO THE LEFT,WITH A RADIUS OF 238.73 FEET 160.00 FEET,MORE OR LESS,TO THE INTERSECTION OF THE CENTER LINE OF STONE VALLEY ROAD AS SHOWN ON THE PRECISE SECTION OF STREETS AND HIGHWAYS PLAN, CONTRA COSTA COUNTY,ROAD NUMBER 4331, STONE VALLEY ROAD;[L-113J 3)FOLLOWING ALONG THE CENTER LINE OF STONE VALLEY ROAD,AS SHOWN ON SAID HIGHWAY PLAN,WESTERLY 2340.00 FEET,MORE OR LESS,TO A POINT WHICH IS 300.00 FEET EASTERLY OF THE WESTERN LINE OF SECTION 16,TIS,R1W,M.D.B.& M.;[L-113A] 4)SOUTH,2665.00 FEET,MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION 16,T1 S,RIW,M.D.B&M.;[L-114J 5)WEST,ALONG THE SOUTH LINE OF SECTION 16 AND 17, T1S,R1W.,M.D.B.&M.,2940.00 FEET,MORE OR LESS,TO THE NORTH-SOUTH MID-SECTION LINE F SECTION 17,TIS,R1W,M.D.B.&M., SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE AREA KNOWN AS ALAMO OAKS;[L-115J 6)NORTH,ALONG SAID MID- SECTION LINE,2950.00 FEET,MORE OR LESS,TO THE NORTHEAST CORNER OF SUBDIVISION LOT"A"RANCHO EL RIO,FILED MAY 12, 1910,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 3 OF MAPS,AT PAGE 51;[L-116J 7) FOLLOWING ALONG THE NORTHERLY AND WESTERLY LINES OF THE LAST MENTIONED SUBDIVISION(3 M 51)SOUTH 89°20'WEST 1656.50 FEET;[L-1171 8)SOUTH 76°50'WEST 604.00 FEET;[L-118] 9)NORTH 67°51'11"WEST 60.32 FEET;[L-119] 10)NORTH 67°56'09"WEST 393.36 FEET;[L-120] 11)NORTH 66009'28"WEST 351.54 FEET;AND[L-121J 12)SOUTH 89052'48"WEST 992.92 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT CERTAIN C.• 1)ocurrrent F'i1cs42(1,'UL'-t'rJ,'(}1J.11tJ!? Fnginererirt d.S'ur-rt•;:irt Leo[d 1)esc:ripdnnE.A ':'F,'.Y:4TI0;4 5 - PARCEL OF LAND AS DESCRIBED IN THE CERTIFICATE OF COMPLETION ENTITLED ALAMO SPRINGS BOUNDARY REORGANIZATION(LAFC 97-28)",RECORDED ON DECEMBER 30, 1997,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.97-0253775, SAID POINT ALSO BEING ON THE EASTERLY LINE OF SUBDIVISION 7452,FILED DECEMBER 30;1997,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 397 OF MAPS AT PAGE 31;THENCE ALONG THE EASTERN LINE OF SAID PARCEL(97-0253775)THE FOLLOWING THIRTY-FIVE(35)COURSES:[L-1221 1) SOUTH 01°55'31"EAST 83.00 FEET;[L-1231 2)SOUTH 79°35'01"WEST 151.67 FEET;[L-1241 3) SOUTH 01055'31"EAST 327.97 FEET;[L-125] 4)NORTH 46029'58"WEST 433.22 FEET;[C-181 5) ALONG THE ARC OF A NON-TANGENT 131.06 FOOT RADIUS CURVE,CONCAVE TO THE NORTHWEST,THE CENTER OF WHICH BEARS NORTH 45°46'09"WEST,THROUGH A CENTRAL ANGLE OF 69013'45",AN ARC DISTANCE OF 158.28 FEET;[C-191 6)ALONG THE ARC OF A TANGENT REVERSE 160.00 FOOT RADIUS CURVE,CONCAVE TO THE SOUTH, THROUGH A CENTRAL ANGLE OF 45045'08",AN ARC DISTANCE'OF 127.76 FEET; [C-19AJ 7) ALONG THE ARC OF A TANGENT REVERSE 181.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTH,THROUGH A CENTRAL ANGLE OF 34°54'56",AN ARC DISTANCE OF 110.30 FEET; [L- 126] 8)SOUTH 11°14'07"WEST 222.94 FEET;[L-127] 9)SOUTH 42°41'15"WEST 70.02 FEET;[L- 1281 10)SOUTH 47°18'45"EAST 164.29 FEET;[C-201 11)ALONG THE ARC OF A TANGENT 129.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST,THROUGH A CENTRAL ANGLE OF 20009'02",AN ARC DISTANCE OF 45.37 FEET;[C-211 12)ALONG THE ARC OFA TANGENT COMPOUND 20.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTHWEST,THE CENTER OF WHICH BEARS NORTH 22-32'13"EAST,THROUGH A CENTRAL ANGLE OF 93014'24",AN ARC DISTANCE OF 32.55 FEET;[L-129] 13)SOUTH 70°27'55"EAST 42.00 FEET; C-22] 14)ALONG THE ARC OF A NON-TANGENT 20.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTHEAST,THE CENTER OF WHICH BEARS SOUTH 70-42'11"EAST,THROUGH A CENTRAL ANGLE OF 90000'00",AN ARC DISTANCE OF 31.42 FEET;[L-1301 15)SOUTH 19016'37"WEST 42.00 FEET;[C-231 16)ALONG THE ARC OF A NON-TANGENT 20.00 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THE CENTER OF WHICH BEARS SOUTH 19017'49"WEST,THROUGH A CENTRAL ANGLE OF 90°33'31",AN ARC DISTANCE OF 31.61 FEET;[C-241 17)ALONG THE ARC OF A TANGENT COMPOUND 329.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST,THE CENTER OF WHICH BEARS SOUTH 71-15'42"EAST,THROUGH A CENTRAL ANGLE OF 40024'49",AN ARC DISTANCE OF 232.08 FEET;[C-251 18)ALONG THE ARC OF A TANGENT COMPOUND 20.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTHEAST,THE CENTER OF WHICH BEARS NORTH 68°19'19"EAST,THROUGH A CENTRAL ANGLE OF 97033'24",AN ARC DISTANCE OF 34.05 FEET;[L-1311 19)',SOUTH 23059'09"EAST 38.19 FEET;[C-26] 20)ALONG THE ARC OF A NON-TANGENT 181.00 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THE CENTER OF WHICH BEARS SOUTH 30020'27"EAST,THROUGH A CENTRAL ANGLE OF 97047'17",AN ARC DISTANCE OF 308.92 FEET;[C-271 21)ALONG THE ARC OF A TANGENT COMPOUND 96.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST,THROUGH A CENTRAL ANGLE OF 34038'10",AN ARC DISTANCE OF 58.03 FEET;[L-1321 22)SOUTH 12°05'00"WEST 55.80 FEET;[C-281 23)ALONG THE ARC OF A TANGENT 131.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTHWEST, THROUGH A CENTRAL ANGLE OF 42018'13",AN ARC DISTANCE OF 96.72 FEET;[L-133] 24) SOUTH 54023'13"WEST 9.85 FEET;[C-291 25)ALONG THE ARC OF A TANGENT 169.00 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 43029'07",AN ARC DISTANCE OF 128.26 FEET;[C-301 26)ALONG THE ARC OF A TANGENT REVERSE 4081.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTHWEST,THROUGH A CENTRAL ANGLE OF 05026'58",AN ARC DISTANCE OF 388.15 FEET;[C-311 27)ALONG THE ARC OF A TANGENT COMPOUND 362.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTHWEST,THROUGH A CENTRAL ANGLE OF 33°20'58",AN ARC DISTANCE OF 210.70 FEET;[L-1341 28)SOUTH 49042'02"WEST 81.92 FEET;[G34 29)ALONG THE ARC OF A TANGENT 518.00 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 08002'12",AN ARC DISTANCE OF 72.66 FEET;[L-1351 30)SOUTH 41039'50"WEST 107.60 FEET;[L-1361 31)SOUTH 52000'00"WEST 146.99 FEET;[L-1371 32) NORTH 61000'00"WEST 200.00 FEET;[L-138J 33)NORTH 14°00'00"WEST 170.00 FEET;[L-139] 34) SOUTH 37°00'00"WEST 270.00 FEET;AND [L-1401 35)SOUTH 49°39'45"EAST 20.01 FEET; i:'DocumeniFiLvI7000-' 07014.0UtZ Errgineeringd-.Surrctin 1,e al 77ORr DESCRiP7704'.cloc 6 - THENCE[L-1411. SOUTH 34016'39"WEST 258.81 FEET,MORE OR LESS,TO THE INTERSECTION OF THE SOUTHWESTERN RIGHT-OF-WAY BOUNDARY OF INTERSTATE HIGHWAY 680 WITH THE NORTHERN LINE OF ASSESSOR'S PARCEL 1977240-004,SAID POINT BEING ON THE BOUNDARY OF THE"TOWN OF DANVILLE ORIGINAL INCORPORATION', LAFC 81-69);THENCE ALONG SAID BOUNDARY(LAFC 81-69)THE FOLLOWING FORTY- FIVE(45)COURSES:[L-1421 1) SOUTH 47°30' WEST 505.00 FEET,MORE OR LESS;[L-1431 2) SOUTH 210 EAST 256.00 FEET,MORE OR LESS;[L-1441 3)SOUTH 61°04'EAST 350.00 FEET, MORE OR LESS;[L-145] 4)NORTH 86°01' EAST 288.90 FEET,MORE OR LESS;[L-146] 5) SOUTH 13°45.'EAST 67.00 FEET,MORE OR LESS;[L-147] 6)SOUTH 10°53'WEST 258.00 FEET, MORE OR LESS;[L-1481 7)SOUTH.06°07'EAST 67.00 FEET,MORE OR LESS;[L-1491 8)SOUTH 47045' EAST 180.00 FEET,MORE OR LESS;[L-1501.9)SOUTH 29°10' EAST 195.00 FEET,MORE OR LESS;[L-151] 10) SOUTH 71°48' EAST 182.00 FEET,MORE OR LESS;[L-1521 11)SOUTH 36015' EAST 31.00 FEET,MORE OR LESS;[L-1531 12)SOUTH 32°22'WEST 75.66 FEET,MORE OR LESS;[L-1541 13)SOUTH 07°21'EAST 57.20 FEET,MORE OR LESS;[L-155] 14)SOUTH 62°30'WEST 62.09 FEET,MORE OR LESS;[L-1561 15)SOUTH 33°55'WEST 113.70 FEET,MORE OR LESS;[L-157] 16)SOUTH 50°45'WEST 115.60 FEET,MORE OR LESS;[L-1581 17)SOUTH 00024' WEST 140.80 FEET,MORE OR LESS TO THE CENTERLINE OF DANVILLE BOULEVARD; L-1591 18)SOUTH 43°45'WEST 140.00 FEET,MORE OR LESS;[L-1601 19) SOUTH 39°45'WEST 139.00 FEET,MORE OR LESS;[L-1611 20)SOUTH 46°WEST 148.00 FEET,MORE OR LESS;[L- 162J 21) SOUTH 400.45'WEST 118.80 FEET,MORE OR LESS;[L-163] 22) SOUTH 43°WEST 120.60 FEET,MORE OR LESS;[L-1641 23)SOUTH 43°WEST 154.65 FEET,MORE OR LESS;[L-1651 24) SOUTH 40043 WEST 215.50 FEET,MORE OR LESS;[L-1661 25)SOUTH 60045'WEST 32.80 FEET, MORE OR LESS;[L-167J 26)SOUTH 32°30 WEST 100.98 FEET,MORE OR LESS;[L-1681 27) SOUTH 43°30' WEST 330.00 FEET,MORE OR LESS;[L-169] 28)SOUTH 42040'WEST 100.98 FEET,MORE OR LESS;[L-1701 29)SOUTH 17°24'37"WEST 80.23 FEET,MORE OR LESS;[L-1711 30)SOUTH 21.41'40"WEST 273.00 FEET,MORE OR LESS;[L-172] 31)SOUTH 25030'10"WEST 221.00 FEET,MORE OR LESS;[L-1731 32)SOUTH 23003'27"EAST 238.06 FEET,MORE OR LESS; L-174] 33)SOUTH 21056'33"WEST 63.00 FEET,MORE OR LESS;[L-1751 34) SOUTH 59026'33" WEST 66.00 FEET,MORE OR LESS;[L-176] 35)SOUTH 03041'33"WEST 76.00 FEET,MORE OR LESS;[L-1771 36)SOUTH 30.°41'33"WEST 192.00 FEET,MORE OR LESS;[L-178] 37)SOUTH 07023'27"EAST 108.81 FEET,MORE OR LESS;[L-1791 38)NORTHWESTERLY ACROSS KIRKCREST ROAD TO ITS INTERSECTION WITH THE NORTHEASTERN LINE OF SUBDIVISION 4610;[L-1801 39)NORTHWESTERLY NORTH 09'48'16"WEST 23.72 FEET,MORE OR LESS;[C-331 40)FOLLOWING SAID WESTERLY LINE OF KIRKCREST ROAD,ALONG THE ARC OF A 172.00 FOOT RADIUS CURVE,68.80 FEET,MORE OR LESS;[L-1811 41)NORTH 32044'22"WEST 49.36 FEET,MORE OR LESS;[C-34] 42)ALONG THE ARC OF A 228.00 FOOT RADIUS CURVE, 114.18 FEET;[L-182J 43)NORTH 33°46'WEST 42.11 FEET,MORE OR LESS;[L- 1831 44)NORTH 32°44'28"WEST 189.00 FEET,MORE OR LESS;AND[L-184J 45)SOUTH 74°37' WEST 1100.00,MORE OR LESS TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED DEED TO EAST BAY REGIONAL PARK DISTRICT, RECORDED ON NOVEMBER 12, 1997,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO. 97-0220901;THENCE ALONG THE BOUNDARY OF SAID PARCEL(97-0220901)THE FOLLOWING THIRTY-ONE(3 1)COURSES:[L-1851 1),NORTH 00033'49"EAST 971.75 FEET;[L-1861 '2) SOUTH 77°56'07"WEST 63.68 FEET;[L-187] 3)NORTH 11033'17"EAST 12.88 FEET; [L-1881 4)SOUTH 77056'04 WEST 73.60 FEET;[C-351 5)ALONG THE ARC OF A NON-TANGENT 170.00 FOOT RADIUS CURVE,CONCAVE TO THE NORTHWEST,THE CENTER OF WHICH BEARS NORTH 77.31'38"WEST,THROUGH A CENTRAL ANGLE OF 42048'00",AN ARC DISTANCE OF 126.99 FEET;[L-1891 6)NORTH 08035'08"EAST 48.12.FEET;[L-1901 7)NORTH 00053'41"WEST 119.90 FEET;[L-191] 8)NORTH 01 048'18"WEST 130.22 FEET;[L-192] 9)NORTH 31°554'02"EAST 32.51 FEET;[L-193] 10) SOUTH 72029'57"WEST 143.34 FEET;[L-1941 11)SOUTH 60'17'1 V WEST 48.00 FEET;[L-1951 12) SOUTH 46002'14"WEST 84.56 FEET;[L-196J 13)SOUTH 49°50'54"WEST 78.80 FEET;[L-1971 14) SOUTH 56019'32"WEST 44.78 FEET;[L-1981 15)SOUTH 70°44'32"WEST 84.77 FEET;[L-1991 16) SOUTH 58.51'42"WEST 84.48 FEET;[L-200] 17)SOUTH 34°36'45"WEST 51.27 FEET;[L-201J 18)NORTH 79021'44"WEST 38.21 FEET;[L-2021 19)SOUTH 84°38'06"WEST 32.40 FEET;[L-203] 20) SOUTH 37'20'13"WEST 49.74 FEET;[L-2041 21)SOUTH 58°16'59"EAST 76.53 FEET;[L-205] t,'.•u.)ocurrteni r iles!?0't)0-?tlJ;J.iltl!_F.r irca rn ct.Suc evin=':Lem ca/.escrintirin?,a r1:'vF Y.477Or1 r rcCR.iPT1(r?:c nc 7 - 22)SOUTH 48°43'21"WEST 23.87 FEET;[L-2061 23)SOUTH 05°00'32"EAST 110.87 FEET;[L-2071 24)SOUTH 06°09'35"EAST 53.05 FEET;[L-2081 25)SOUTH 38'58'10"EAST 63.61 FEET;[L-209] 26)SOUTH 19°15'44"EAST 117.51 FEET;[L-2101 27)SOUTH 07°44'04"EAST 102.82 FEET;[L- 2111 28)SOUTH 34°05'20"WEST 55.41 FEET;[L-214 29)SOUTH 17°26'55"WEST 38.01 FEET;[L- 2131 30)SOUTH 14°06'31"EAST 110.56 FEET;AND[L-2141 31)SOUTH 14°48'31"WEST 62.52 FEET TO THE WEST LINE OF THE RANCHO SAN RAMON,SAID POINT ALSO BEING ON THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL TWO AS DESCRIBED IN THAT CERTAIN GRANT DEED FROM CHARLOTTE H.GERDES TO EAST BAY REGIONAL PARK DISTRICT, RECORDED ON MARCH 29, 1974,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 7189 OF OFFICIAL RECORDS AT PAGE 183;THENCE ALONG THE WEST LINE OF THE RANCHO SAN RAMON AND ALONG THE BOUNDARY OF SAID PARCEL TWO 7189 OR 183)[L-2151 NORTH 37°26'26"WEST 2940 FEET,MORE OR LESS TO A POINT ON THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO EAST BAY REGIONAL PARK DISTRICT,RECORDED ON NOVEMBER 17, 1995,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.95-199963; THENCE ALONG THE BOUNDARY OF SAID PARCEL(95-1999663)THE FOLLOWING ELEVEN 11)COURSES:[L-216] 1)NORTH 49°41'50"EAST 710.49 FEET;[L-2171 2)NORTH 40'18'10" WEST 20.00 FEET;[L-2181 3)NORTH 48°52'28"WEST 115.15 FEET;[L-2191 4)NORTH 26°11'48" EAST 104.21 FEET;[L-2201 5)NORTH 05°32'45"WEST 183.99 FEET;[L-2211 6)NORTH 25°54'32" WEST 103.38 FEET;[L-2221 7)NORTH 27°06'51"WEST 254.80 FEET;[L-2231 8)NORTH 34°43'51" WEST 459.21 FEET;[L-2241 9)SOUTH 55'49'19"WEST 75.01 FEET;[L-2251 10)SOUTH 27°46'56" EAST 2.44 FEET;AND[L-2261 11)SOUTH 57°00'55"WEST 678.23 FEET,MORE OR LESS TO THE SOUTHEAST CORNER OF LOT 15 AS SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED"SUBDIVISION 5053",FILED FOR RECORD JULY 19, 1979,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 226 OF MAPS AT PAGE 41; THENCE ALONG THE WESTERN LINE OF SAID LOT 15(226 M 41)[L-2271 NORTH 34°47'41" WEST 78.83 FEET TO A POINT ON THE SOUTHEAST CORNER OF PARCEL"A"AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP ENTITLED SUBDMSION MS 150-75",FILED ON JUNE 14, 1976,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 45 OF PARCEL MAPS AT PAGE 41;THENCE ALONG THE SOUTHERN BOUNDARY OF SAID PARCEL"A"(45 PM 41)[L-228] SOUTH 63°16'WEST 193.73 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID RANCHO SAN RAMON, SAID POINT BEING ON THE BOUNDARY OF SAID PARCEL TWO(7189 OR 181);THENCE ALONG SAID BOUNDARY OF SAID PARCEL TWO(7189 OR 18 1)THE FOLLOWING FOUR(4) COURSES:[L-2291 1) SOUTH 76°18'50"WEST 481.39 FEET;[L-2301 2)NORTH 84°17'EAST 2622.91 FEET;[L-231] 3)NORTH 00°39'40"EAST 1233.72 FEET TO A POINT ON THE MIDSECTION LINE RUNNING EAST AND WEST THROUGH SECTION 14,TOWNSHIP 1 SOUTH, RANGE 2 WEST,MDB&M;AND[L-2321 4)WESTERLY ALONG SAID MIDSECTION LINE 1287.74 FEET TO A POINT ON THE RANCHO SAN RAMON BOUNDARY,SAID POINT BEING ON THE SOUTHEAST CORNER OF THE"DOLLAR RANCH ANNEXATION'TO THE CITY OF WALNUT CREEK(ORDINANCE NO. 661);THENCE ALONG THE EASTERN BOUNDARY OF SAID"DOLLAR RANCH ANNEXATION"(ORDINANCE NO. 661)[L-2331 NORTH 00°52'40" WEST 6654.50 FEET,MORE OR LESS,TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE CERTIFICATE OF ACCEPTANCE,RECORDED ON SEPTEMBER 11, 1978,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 9004 AT PAGE 474;THENCE ALONG THE NORTHERN BOUNDARY OF SAID PARCEL 9004 OR 474)AND ITS EXTENSION,THEREOF,[L-2341 SOUTH 88'18'13"WEST 580.50 FEET, MORE OR LESS TO THE SOUTHWEST CORNER OF LOT 21,AS SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED"SUBDMSION 3737 CASTLE CREST", FILED ON APRIL 10, 1968,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 120 OF MAPS AT PAGE 3;THENCE NORTHERLY ALONG THE EXTERIOR WESTERLY BOUNDARY OF SAID SUBDMSION(120 M 3)THE FOLLOWING THIRTEEN COURSES(13):[L- 2351 1)NORTH 03°20'59"WEST 43.00 FEET;[L-2361 2)NORTH 34°27'07"EAST 171.16 FEET;[L- 2371 3)NORTH 26°58'03"EAST 118.73;[L-238] 4)NORTH 03°20'59"WEST 300.24 FEET;[L-2391 5)NORTH 14°44'33"WEST 101.25 FEET;[L-240] 6) SOUTH 85°15'34"WEST 83.37 FEET;[L-2411 7)NORTH 36°25'51"WEST 51.34 FEET;[L-242] 8)NORTH 55°54'39"EAST 84.87 FEET;[L-2431 9) t!:Document Files'2011014.0012 Engineeritta Sur-ve_vin V.e al l3E;ccri tticin`,1?v7vF..'.4TI(i;ti DESCRJPT N'..doc g - NORTH 36°25'51"WEST 89.66 FEET;[L-244J 10)NORTH 53034'09"EAST 75.52 FEET;[L-245] 11) NORTH 76003'15"WEST 267.08 FEET;[L-246] 12)NORTH 41'49'57"WEST 360.00 FEET;AND[L- 2471 13)NORTH 16°10'57"WEST 745.42 FEET TO THE NORTHWEST CORNER OF LOT 40,AS SAID LOT IS SHOWN AND SO DESIGNATED ON SAID MAP(120 M 3),SAID POINT ALSO BEING ON THE SOUTHWEST CORNER OF LOT 43,AS SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED"TRACT 2838 CREST VIEW'.',FILED ON JULY 8, 1960,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 78 OF MAPS AT PAGE 75;THENCE NORTHERLY ALONG THE EXTERIOR WESTERLY BOUNDARY OF SAID SUBDIVISION(78 M 75)THE FOLLOWING SEVEN(7)COURSES:[L-248J 1)NORTH 16010'57"WEST 172.58 FEET;[L-249] 2)NORTH 05°30'57"WEST 690.00 FEET;[L-250J 3)NORTH 88013'50"WEST 176.01 FEET;[L-25]j 4)NORTH 01'46'10"EAST 450.41 FEET;[L-252J 5)NORTH 50023'33"WEST 62.68 FEET;[L-2531 6)NORTH 07°33'50"WEST 70.60 FEET;AND[L-254J 7) NORTH 08008'16"WEST 187.51 FEET TO THE NORTHWEST CORNER OF LOT 63,AS SAID LOT IS SHOWN AND SO DESIGNATED ON SAID MAP(78 M 75),SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF LOT 10,AS SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED"WALNUT CREEK PARK",FILED ON FEBRUARY 7, 1911,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 4 OF MAPS AT PAGE 84, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO DAVID J.KURTZMAN AND KATHRYN S. MARTIN,TRUSTEES OF THE DAVID J.KURTZMAN AND KATHRYN S.MARTIN REVOCABLE TRUST,RECORDED ON FEBRUARY 13, 1998,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO. 98-0030387;THENCE ALONG SAID SOUTHERN BOUNDARY OF SAID LOT 10(4 M 84)ALSO BEING ALONG SAID SOUTHERN BOUNDARY OF THE DAVID J.KURTZMAN AND KATHRYN S.MARTIN REVOCABLE TRUST(98-0030387)[L- 255J NORTH 71°32'07"WEST 57.50 FEET,MORE OR LESS,TO THE SOUTHWEST CORNER OF SAID PARCEL(98-0030387), SAID POINT ALSO BEING ON THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE INDIVIDUAL GRANT DEED TO BEN RICHARD WADSWORTH AND LAURA KATE WADSWORTH,CO-TRUSTEES,OF THE BEN RICHARD WADSWORTH AND LAURA KATE WADSWORTH REVOCABLE LIVING TRUST, RECORDED ON APRIL 13, 1994,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.94-103535;THENCE ALONG THE BOUNDARY OF SAID PARCEL 94-103535)ALSO BEING ALONG SAID SOUTHERN BOUNDARY OF LOT 10(4 M 84)THE FOLLOWING THREE(3)COURSES:[L-2561 1)NORTH 71°32'07"WEST 73.29 FEET;[L-257J 2) NORTH 07047'15"WEST 157.37 FEET;AND[L-258] 3)NORTH 76°18'04"EAST 121.83 FEET, MORE OR LESS TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO RENY RAY ROBLES AND ROBERT L.GRANT, RECORDED ON JANUARY 6, 1982,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 10635 OF OFFICIAL RECORDS,AT PAGE 405;THENCE ALONG THE WESTERN BOUNDARY OF SAID PARCEL(10635 OR 405)[L-259J NORTH 08044'35"WEST 210.00 FEET,MORE OR LESS,TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO PETER MARGIOTTA AND PATSY YOSHIRO MARGIOTTA,RECORDED ON MAY 26, 1972,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 6661 OF OFFICIAL RECORDS,AT PAGE 292;THENCE ALONG THE WESTERN BOUNDARY OF SAID PARCEL(6661 OR 292)[L-260] NORTH 08°44'35"WEST 167.29 FEET,MORE OR LESS,TO A POINT ON THE BOUNDARY OF PARCEL`B"AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP ENTITLED"PARCEL MAP SUBDMSION MS 62-89",FILED ON JULY 27, 1992,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 159 OF PARCEL MAPS AT PAGE 5;THENCE ALONG THE BOUNDARY OF SAID PARCEL`B"(159 PM 5)[L-2611 SOUTH 59039'40"WEST 76.84 FEET, MORE OR LESS,TO THE MOST WESTERLY CORNER OF SAID PARCEL"B"(159 PM 5); THENCE ALONG THE BOUNDARY OF SAID PARCEL"B"(159 M 5)THE FOLLOWING THREE 3)COURSES:[L-2621 1)NORTH 08°28'20"WEST 186.26 FEET;[L-2631 2)NORTH 73°37'06" EAST 204.21 FEET;[L-264]AND 3) SOUTH 88°21'39"EAST 40.46 FEET TO A POINT ON THE WESTERN BOUNDARY THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE TRUST TRANSFER DEED TO MICHAEL C.GEOKAS,M.D.AND BARBARA B.GEOKAS,TRUSTEES OF THE 1996 GEOKAS TRUST,RECORDED ON NOVEMBER 14, 1996,IN THE OFFICE OF THE r:`I ocrrnr:rr?i Yi%e.c(1'tlCl-?(1,'(11d.(lt)._;:i?,nteerirrs;1e Stu crin l,eQal 13ect:ri(rinnt.r\•':i'f:X;T/O;'' L)L':SCRfP770A'.(loc: r 9 - COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.96-214803;THENCE ALONG THE BOUNDARY OF SAID PARCEL(96-214803)THE FOLLOWING TWO(2)COURSES:[L-265] 1) NORTH 08043'30"EAST 103.42 FEET;AND[L-2661 2)NORTH 75016'00"EAST 184.91 FEET TO A POINT ON THE SOUTHERN LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO MARY A.FITZSIMONS AND STEVEN C.WARD,TRUSTEES OF THE FITZSIMONS-WARD TRUST,RECORDED ON JULY 26, 1994,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.94-190389;THENCE ALONG SAID PARCEL 94-190389)THE FOLLOWING TWO(2)COURSES:[L-2671 1)NORTH 75°16'EAST 26.50 FEET, MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL(94-190389);AND[L-2681 2) NORTH 14°44'WEST 70.28 FEET TO THE SOUTHWEST CORNER OF PARCEL"A",AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP ENTITLED PARCEL MAP M.S. 193-68",FILED ON NOVEMBER 7, 1968,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 6 OF PARCEL MAPS AT PAGE 169;THENCE ALONG THE EXTERIOR BOUNDARY OF SAID MAP(6 PM 16)THE FOLLOWING THREE(3)COURSES: L-2691 1)NORTH 60°46'30"EAST 119.43 FEET;[L-2701'2)NORTH 13°25'EAST 136.26 FEET; AND[L-2711 3)NORTH 58°15'EAST 220.06 FEET TO A POINT ON THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO LOUISE Z. SHALIT,TRUSTEE OF THE LOUISE Z. SHALIT 2004 FAMILY TRUST,RECORDED ON MAY 4,2004,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.2004-0165379;THENCE ALONG THE BOUNDARY OF SAID PARCEL(2004-0165379)[L-2721 NORTH 75°16' EAST 286.80 FEET, MORE OR LESS TO THE WEST LINE OF CREST AVENUE;THENCE ALONG SAID WEST LINE OF CREST AVENUE[L-2731 NORTH 14°44 WEST 132.87 FEET;THENCE LEAVING SAID WEST LINE OF CREST AVENUE AND ALONG SAID BOUNDARY(2004-0165379)THE FOLLOWING TWO(2)COURSES:[L-2741 1)SOUTH 78°07'20'WEST 146.22 FEET;AND[L-2751 2)NORTH 12011'WEST 149.02 FEET TO THE SOUTH LINE OF TICE VALLEY ROAD;[L-276] THENCE ALONG SAID SOUTH LINE OF TICE VALLEY ROAD NORTH 75°16'EAST TO A POINT ON THE SOUTHEAST CORNER OF PARCEL ONE,AS SAID PARCEL IS DESCRIBED IN THE AFFIDAVIT OF DEATH OF TRUSTEE,RECORDED ON SEPTEMBER 22,2003,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.2003-0474345;THENCE ALONG THE BOUNDARY OF SAID PARCEL ONE AND PARCEL TWO,AS SAID PARCEL IS DESCRIBED IN SAID AFFIDAVIT OF DEATH OF TRUSTEE(2003-0474345) THE FOLLOWING TWO(2) COURSES:[L-2771 1)NORTH 14044"WEST 345.94 FEET TO THE NORTHEAST CORNER OF SAID PARCEL TWO(2003-0474345)THENCE ALONG THE NORTHERN BOUNDARY OF SAID PARCEL TWO(2003-0474345)[C-36] ALONG THE ARC OF A 686.78 FOOT RADIUS,CURVE, CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 02°31'09",AN ARC DISTANCE OF 30.23 FEET TO THE SOUTHEAST CORNER OF LOT 19,AS SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED"TRACT 2160",FILED SEPTEMBER 22, 1955,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 60 OF MAPS AT PAGE 43;THENCE ALONG THE SOUTHERN BOUNDARY OF SAID LOT 19(60 M 43) AND CONTINUING[C-371 ALONG THE ARC OF A 686.78 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 11°41'49",AN ARC DISTANCE OF 140.21 FEET TO THE SOUTHEAST CORNER OF LOT 18,AS SAID LOT IS SHOWN ON SAID MAP(66 M 43);THENCE ALONG THE SOUTHERN BOUNDARY OF SAID LOT 18(66 M 43)AND CONTINUING[C-381 ALONG THE ARC OF A 686.78 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 11°32'28",AN ARC DISTANCE OF 138.34 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND ENTITLED DIGGLE"AS SAID PARCEL IS SHOWN ON SAID MAP(66 M 43);THENCE ALONG SAID DIGGLE"PARCEL THE FOLLOWING FOUR(4)COURSES:[C-391 1)ALONG THE ARC OF A 686.78 FOOT RADIUS CURVE,CONCAVE TO THE SOUTHEAST,THROUGH A CENTRAL ANGLE OF 10030'05",AN ARC DISTANCE OF 125.83 FEET;[L-278J 2)SOUTH 48°03'37"WEST 22.00 FEET;[L-279] 3)NORTH 48°31'23"WEST 103.41 FEET;AND[L-2801 4)NORTH 15°45'23" WEST 100 FEET TO THE SOUTHEAST CORNER OF LOT 15,AS SAID LOT IS SHOWN ON SAID MAP(66 M 43);THENCE ALONG THE WESTERN LINE OF SAID LOT 15 (66 M 43)[L-2811 NORTH 47000'18"WEST 198.83 FEET TO THE SOUTHEAST CORNER OF LOT 9,AS SAID LOT IS SHOWN ON SAID MAP(66 M 43);THENCE ALONG THE BOUNDARY OF SAID LOT 9(66 M 43) THE FOLLOWING THREE(1)COURSES:[L-2821 1)NORTH 76°49'23"WEST 83.34 FEET;[L-2831 Uocutneni Fit&c'?0700-'2070!J.00'7_rngir7eerirrod Surveving':Le all)escriptitnaiA!V:"F,:4TiClh` DE'SCRTP770N'.doc 10 - 2)NORTH 04°30'54"EAST 73.00 FEET;AND[L-284] 3)NORTH 02°04'49'EAST 94.01 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF LOT 5,AS SAID LOT IS SHOWN ON SAID MAP(66 M 43);THENCE ALONG THE BOUNDARY OF SAID LOT 5 THE FOLLOWING FIVE COURSES: L-285] 1) SOUTH 82°29'51"WEST 48.68 FEET;[L-286] 2)NORTH 56040'04"WEST 69.74 FEET; L-287] 3)NORTH 85°24'38"WEST 19.00 FEET;[L-288] 4)NORTH 02°56'47"EAST 126.77 FEET; AND[L-289] 5)NORTH 75°11'52"EAST 126.21 FEET TO THE SOUTHWEST CORNER OF LOT 3, AS SAID LOT IS SHOWN ON SAID MAP(66 M 43);THENCE ALONG THE BOUNDARY OF SAID LOT 3 (66 M 3)THE FOLLOWING TWO(2)COURSES:[L-290] 1)NORTH 11°23'23"WEST 181.90 FEET;AND[L-291] 2)NORTH 78°36'37"EAST 125.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE GRANT DEED TO JAMES INVESTMENT,INC.,RECORDED ON JANUARY 10,2003,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AS DOCUMENT NO.2003-0013559;THENCE ALONG THE EASTERN BOUNDARY OF SAID PARCEL(2003-0013559)[L-2921 NORTH 13048 WEST 401.92 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN SUBDIVISION ENTITLED SUBDIVISION 7522",FILED OCTOBER 13, 1994,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,IN BOOK 376 OF MAPS AT PAGE 7;THENCE ALONG THE EASTERN BOUNDARY OF SAID SUBDMSION(376 M 7)[L-293] NORTH 12°28'23"WEST 392.83 FEET TO THE SOUTHWEST CORNER OF PARCEL"A",AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP ENTITLED "PARCEL MAP SUBDMSION MS 11-96",FILED JULY 22, 1997,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 171 OF PARCEL MAPS AT PAGE 35;THENCE ALONG THE BOUNDARY OF SAID PARCEL"A"(171 PM 35)THE FOLLOWING THREE(3)COURSES:[L-294] 1)NORTH 53°35'45" EAST 66.55 FEET;[L-295] 2)SOUTH 70°46'43"EAST 186.79 FEET;AND[L-2961 3)NORTH 14015'00"WEST 188.61 FEET TO THE NORTHEAST CORNER OF SAID PARCEL"A"(171 PM 35) AND THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN TICE VALLEY ROAD AND CREST AVENUE. FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. CONTAINING 6295 ACRES OF LAND,MORE OR LESS. LAND VINCENT o D'ALO No. 4210 EXP. 6-30-08 qlF OF CAS- gi E ni:u:at.elil F";r t'(i7f,?Cl- .',(1,'(IIJ.I;U'1 f:nNt?e'E"177e^ iu 3-evin 'l eha 1.?scrl tiniri.{;R;VF,.Y.977i?r' DESCRIPlt.-N'.doE 11 - F- Y 3 r i-- C,, LAND U 4 VINCENT o0 D'AL0 Na. 4210 EXP. 6-30-08 ATF OF CN G 1< s 0 CJSTA h C UNTY I.. _ ALAMO INCORPORATION Cr 9• Lfi$0 VICINITY .MAP NO SCALE CITY OF Q 1 680 WALNUT Q-) UNINCORPORATED -" CREEK hUNWCORPORATED R C.C.O. RUDGEAR RD. UNINCORPORATED CITY OF j/ ` C.C.C.0. WALNUT CREEK RD. f UNINCORPORATED TOWN OF C.C.C.0. DANVILLE DISCLAIMER. FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY OESCRIPAON AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. nY ; a E PLANNERS 1390 SOUTH MAIN STREET Sub'ect _ XHIBIT 'B irk' SUITE 310 Scale _1"--5000'----- awrit .. CIVIL ENGINEERS WALNUT CREEK, CA. 94596 Jab Na 207014 SURVEYORS 925) 476-2300 B JO Date _ 51008 __ Chkd.—___ ALIQUOT FAX (925) 476-2350 y ------ SHEET ---L-- OF L AND VINCENT D'ALO No. 4210--,? EXP. 6-30,08 Co Jr Fm fln r I I I t • -•- _ L .\ - ; .fir- L-A-)" k" rt PI L DISCL IMER: FOR SSESSMENT PURPOSES ONLY. THIS DESCRIP77ON OF LAND 3000 1500 0 ZAO 6000 IS N T A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SU" IWSION MAP ACT AND MAY NOT OE USED AS THE BASIS FbR-IJ OFFER FOR SALE OF THE LAND DESCRIBED. f SCALE IN FEET EXHIBIT 'B' PLANNERS 1390 SOUTH MAIN STREET Subject CIVIL ENGINEERS SUITE 310 Job No. 207014 Scale _1"=3000'_____ WALNUT CREEK, CA. 94596 SURVEYORS 925) 476-2300 ALIQUOT FAX (925) 476-2350 By —Ag— Date _ 51aJo8 Chkd.____ SHEET 2 OF Y1\207014\Survey\P(at,dwg 6/2/2008 4141,04 PM PDT SKEET 4Ar46 .. 800 400 0 800 1600 SCALE IN FEET ty• GOR7RS itt3r tORDA91) 101 i S• SY f 1 1 fIkK 01 1Lx `" 'ti, R t''(// 1.l ,` f''v aa`' 7F- ti-•t N 10010 t C,,,,•• CS cit i.—«.....a.'"j 6'J U L••{'{\ 'j/ y\ .• r^ r{}.„, (31}--''"' r" E 1 tri ``^~- _.. .'`-'c> `` C2 I ,,'•,..- , i-+, p r'„.-' a ` L- •-ii Y.--f,,,. try , r ..^, L 1 ... VY" FJ—! Q 4c a cci 14 ik" h j ' tC N t cv/" ,si ,` , cis...- N...y _..t rf,,_..= y,,, i wL.. DISCLAIMER: s v,;,, •' / FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIP71ON OF LAND f IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE j SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. c Subject EXHIBIT 'B' 1390 SOUTH MAIN STREET SUITE 310 INEERS WALNUT CREEK, GA 94596 Job No. 207014 Scale —1"=800'______ S 925) 476-2300 0 FAX (925) 476-2350 OY Qat2-- _--- L--_-- Chkd.—___—_ SHEET OF 1R Q,pn,5,1 PM PnT JHEE 800 400 0 800 1600 SCALE IN FEET L-80 EBRPD 69"1 PARCEL A ter' 313 M 2 8) IT v n L4 c a lCHr G . 8 f Fri v LLIJ r_r_e`.a rte,-..,. 7._ DISCLAIMER:, PURPOSES ONLY. THIS DESCRIPTION OF LANDFORASSESSMENTPU IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS 1 PAS 5 K y FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. 1" Subject EXHIBIT 'B' L. r1 PLANNERS 1380 SOUTH MAIN STREET CIVIL ENGINEERS SUITE 310 Job No, __2()7014 ____ Scale 1"=800' k 1, SURVEYORS 9 5)WALNu476- 2300T CREEK, CA. 94598 g JO Qate _111a8___ Chkd.------ FAX (925).476-2350 y ------ ALIQUOT SHEET 4 __ OF Y,\207014\Survey\Ptat.dwg 6!2!2008 4120150 PM PDT DISCLAIMER: SHEET 6FORRASSESSMENTSMENTPURPOSESONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. r 860'--,400 0 '` 800 1600 SCALE IN FEET 10 MT. DIABLO 8423 OR 109) X N_ A .L_E GRANT DEED J 1985-190971 ) A EST Subject EXHIBIT WaL PLANNERS 1390 SOUTH MAIN STREET l------'i '---—'--M----"---" As I va SUITE 310 n r t CIVIL. ENGINEERS WALNUT CREEK, CA. 94596 Job N0. --207014 N-- Scale _.=80Q --_ SURVEYORS 925) 476-2300 ALIQUOT p` FAX (925) 476-2350 By _ JO __ Date __V1L/08_-- Chkd.—_____ SHEET 5 OF Y,\207014\Survev\Plnt,dwn f IP/PnnR A,an,sn Pm cnT, SHEET S Jim GRANT DEED 82-83307) L _. . L-92 w r, L-97 l`.. _....j y L-98 701NlVila r L.400 e 101 Iil.'•TT•••• DIABLO COUNTRY CLUB DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND 800 400 0 800 1600 IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. SCALE IN FEET EXHIBIT 'B' N° PLANNERS 1390 SOUTH MAIN STREET Subject ------ CIVIL ENGINEERS SUITE 310 CA. 94596 Job No. 207014 Scale _1_"=800' SURVEYORS 925) 476-2300 ALIQUOT FAX (925) 476-2350 By _ JO __ Date __1108Chkd.______ SHEET 0 OF — 10 _ Y1\207014\Survey\Plat.dwg 6/2/2008 4120,50 PM PDT Irv-31 d 77 -j n,..._,._—.... f., J..": I X77({ _.... f••,,./ l •. f 113'`_-. 4 0,-Lf) hv....r rs\ p.». n ,. 1. Ilp 4~ w"+."' " s.4 ` f + f /' t' j....,,t r......"" '` . f V`'.+.«..: JJ f } iN I' jam« 800 400 0 800 1600 SCALE IN FEET DISCLAIMER: r r FOR ASSESSMENT PURPOSES ONLY, THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESGRIPAON AS DEFINED IN THE 7-- ti '"' '" SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS J._ FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. Sub ect EXHIBIT 'B'r ti s PLANNERS 1390 SOUTH MAIN STREETPLANNERS SUITE 310 CIVIL ENGINEERS Jab Na. 207014 __-- Scale 1"=800'___-- o-WALNUT CREEK, CA. 94596 SURVEYORS 925) 476-2300 1 ($ ALIQUOTUOT FAX (925) 476-2350 By _J Date —..,,,1g-8--- Chkd,------ l, Q lJ 1 SHEET —__7_—_ OF _1 _ S., L--123 ELI: —i 12 12 20-- 118 L ALAMO. SPR1N C 2 t3o---. 324•-97-0283775) L-138 . C-31 r L 13 L-134 C-32 L-136 5 L-141 PIP L-152 T L-151 L-1 156 L=1551 L 9 p1= VILLE Rl'GiNAL'J C TDN C 8• w L 1 • r V- Vit'f b,, 4 ..._. 183 L c DISCLAIMER: 800 400 0 800 1600 FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIP71ON AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. SCALE IN FEET Subject EXHIBIT 'B' PLANNERS 1390 SOUTH MAIN STREET 1 011 ilk SUITE 310 207014_____— — -- " ,CIVIL ENGINEERS Job No. Scale _=800______WALNUT CREEK, CA. 94596= SURVEYORS 925) 476-2300 ALIQUOT FAX (925) 476-2350 By Date _ Vi 08__ Chkd.______ SHEET 8 OF Y1\207014\Survey\Plat•dwg 6/2/2008 420,50 PM PDT I SH E-ET\ "'8 ATO L-185 JtyJN JJ J f d'*` t. EBRPD 7189 OR 133) EBRPD 95--199963) r L-231 r DISCLAIMER: 800 400 0 800 1600 FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIP110N OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS SCALE IN FEETFORANOFFERFORSALEOFTHELANDDESCRIBED. PP AV Subject EXHIBIT 'B' 00PLANNERS1390SOUTHMAINSTREET CIVIL ENGINEERS SUITE 310 Job No. 207014 ____ Scale _ 8 _—_—_— i i t1 a WALNUT CREEK, CA. 94596 SURVEYORS 925) 476-2344 B J J 1 [j—__ Chkd.______ ALIQUOT FAX (925) 476-2350 Y ------ Date _—V1_ SHEET --JL-- OF _ 10 _ T - 4 CITY OF WALNUT CREEK 1 243 L-241 L-240 L-235 800 400 0 800 1600 SCALE IN FEET 71 4 L.xl eta '>}} LO CITY OF WALNUT CREEK W DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LANDISNOTALEGAL r" INED IN THE SUBDIVISION MAP ACP AND MAYRTYCRIPTION NOT BE USEDEAS THE BASS SHEET 9 FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. A, Subject EXHIBIT 'B' 4 PLANNERS 1390 SOUTH MAIN STREET 05 CIVIL ENGINEERS WALNUT1C Scale _1"=800' REEK, CA. 94596 Job No. 207014 SURVEYORS 925) 476-2300 g JO Date __1108 ALIQUOT FAX (925) 476-2350 Y ------Chkd.______ SHEET __10 OF16 Yi\207014\Survey\Plat.dwg 6/2/2008 420150 PM PDT