HomeMy WebLinkAboutMINUTES - 10021990 - 2.5 To BOARD OF SUPERVISORS
FROM ConHarvey E. Bragdon, l
Director of Community Development Costa
PATE ' September 17, 1990 couqy
SUBJECT: Development Agreement between Contra Costa County and Windemere
Ranch Partners Relative to the Property Known as Windemere Ranch
SPECIFIC REQUEST(S) OR RECOMMEN12ATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Find the Development Agreement exempt from the California
Environmental .Quality Act.
2 . Should the Board ofSupervisors decide to approve the
Development Agreements-
a. Waive the reading.;. `.
b. Adopt the attached ordinance approving the Windemere
Development Agreement.
C. Authorize the Director of Community Development to sign
and execute the Development Agreement after it has been
duly signed by Windemere Ranch Partners.
BACKGROUND/REASONS FOR RECOMMENDATION
This matter was heard by the .Zoning Administrator on September
10, 1990 when he closed the public hearing and continued the
matter to September 14, 1990 for decision. On September 14, 1990
the Zoning Administrator found that the Development Agreement
does not provide for any entitlements and any applications for
development entitlements would require an Initial Study for
compliance with CEQA and a public hearing before the appropriate
body of the County's planning agency and is adequate for the
Board of Supervisors to adopt the ordinance. The Zoning
Administrator recommends that the Board of Supervisors find that
the Development Agreement is consistent with State Law, County
Policy, Development Agreement procedures and the General Plan of
Contra Costa County .
CONTINUED ON ATTACHMENT: YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM A ON O D COMMITTEE
APPROVE OTHER
SIGNATURE(S1:
ACTION OF BOARD ON October. 2, 1990 APPROVED AS RECOMMENDED X OTHER X
The Board approved the above recommendations with amendments to the Development
Aqreement as discussed by the Board and agreed upon by the applicants.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT III AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: ATTESTED October 2, 1990
Community Development Department - - - -
Public Works PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
BYDEPUTY
M382%7-83 --
• r �Y �.J
i;
Page 1 of 2
ORDINANCE NO. 90-B_L_
(Windemere Development Agreement)
The Board of Supervisors of the County of Contra Costa ordains as
follows:
Section I. Findings. The Board hereby finds that the provisions of
that certain Development Agreement between the County of Contra Costa
and Windemere Ranch Partners, a California limited partnership, relating
to the property known as Windemere, a copy of which is attached to this
Ordinance as Exhibit 1, and which has been found by the County Zoning
Administrator to be adequate for approval, is consistent with the
County's General Plan, as established by the terms of the Development
Agreement, the determinations of the County Community Development
Department, the County Zoning Administrator, and by such other
information in the record before the Board. The Board hereby further
finds that it can be seen with certainty that there is nodpossibility
that the Development Agreement may have a significant effect, directly
or ultimately, on the physical environment. The approval of the
Development Agreement will not result in development of Windemere or any
other effect on the physical environment and, therefore, the adoption of
the Agreement is not subject to the California Environmental Quality Act
("CEQA") pursuant to Section 15061(b) of the CEQA Guidelines.
Section II. Approval. The Board hereby approves, pursuant to the
authorization provided in sections 65864 et sec . of the Government Code
of the State of California, the Development Agreement, .between the
County of Contra Costa and Windemere Ranch Partners, a California
limited partnership, relating to the property known as.Windemere, a copy
of which is attached as Exhibit 1 and is incorporated in this Ordinance
for all purposes by this reference. The Director of Community
Development for the County is hereby authorized to execute said
Development Agreement on behalf of the County and post a notice of
exemption pursuant to Section 21152 of the California Public Resources
Code and Section 15062(c) of the CEQA Guidelines.
Section III. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or invalid, such a decision shall not
affect the validity of the remaining portions of this ordinance. The
Board hereby declares that -it would have passed each section,
subsection, subdivision, paragraph, sentence, .clause or phrase of this
. ordinance irrespective of the unconstitutionality or invalidity of any
section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section IV. Effective Date. This ordinance shall become effective
thirty (30) days after passage and, within fifteen (15) days of passage,
the names of the Supervisors voting for and against it shall be
published once in the Contra Costa Times, a newspaper published in this
County.
PASSED and ADOPTED on October 2, 1990 by the following vote:
AYES: Supervisors Powers, McPeak, Torlakson and Fanden
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
1
ORDINANCE NO. 9048
ATTEST: PHIL BATCHELOR,
Clerk of the Board of Supervisors
and County Administrator
By: J
Deputy Nancy Fande Chairperson,
Board of Su rvisors
Date: October 2, 1990
i
2
Exhibit. I
WHEN RECORDED RETURN
TO CLERK,
BOARD OF SUPERVISORS
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
COUNTY OF CONTRA COSTA AND
WINDEMERE RANCH PARTNERS
RELATIVE TO THE PROPERTY KNOWN AS
WINDEMERE
r
t.
TABLE OF CONTENTS
Page
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 1. General Provisions . . . . . . . . . . . . . . . 9
A. Incorporation of Recitals 9
B. Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
C. Effective Date . . . . . . . . . . . . . . . . . . . . . . . 9
D. Term; Termination . . . . . . . . . . . . . . . . . . . . 9
E. Amendment of Agreement . . . . . . . . . . . . . . . 10
( 1) Procedural Exemptions 10
(2) Amendment Exemptions . . . . . . . . . . . . . 10
Section 2 . Regulations Applicable to
the Property . . . . . . . . . . . . . . . . . . . . . 11
A. Exemption from the Initiative . . . . . . . . 11
B. Rules, Regulations and Official
Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
( 1) Effective Standards . . . . . . . . . . . . . . 11
(2) Future General Plan Amendments
for the Property . . . . . . . . . . . . . . . . . 12
(3) Moratoria . . . . . . 12
(4) State and Federal Laws . . . . . . . . . . . 13
C. Development Timing 13
D. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 3 . Obligations of Property Owner . . . . 14
A. Light Rail Transit . . . . . . . . . . . . . . . . . . 14
B. Affordable Housing . . . . . . . . 14
i
page
C. Open Space; Development in
Accordance with 65/35 Contra Costa
County Land Preservation Plan. . . . . . . . . 15
D. Limitations on Development
of Ridgelines, Slopes,
and Creek Areas 15
E. Development in Accordance
with Transportation
Improvement and Growth
Management Program . . . . . . . . . . . . . . . . . . . 15
F. County Staff Time. . . . . . . . . . . . . . . . . . . . . 16
Section 4 . Cooperation in the 'Event
of Legal Challenge . . . . . . . . . . . . . . . 16
Section 5 . Default and Remedies . . . . . . . . . . . . . 18
A. General Provisions . . . . . . . . . . . . . . . . . . . 18
B. Annual Review . . . . . . . . . . . . . . . . . . . . . . . . 19
.C. Default by County . . . . . . . . . . . . . . . . . . . . 21
D. Enforced Delay; Extension of
Time of Performance 21
E. Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . 22
F. Construction of Agreement . . . . . . . . . . . . 22
Section 6 . Hold Harmless Provisions . . . . . . . . . 23
Section 7 . No Joint Venture or
Partnership . . . . . . . . . . . . . . . . . . . . . . 24
Section 8. General 24
Section 9 . Notices 26
Section 10. Consent of Other Parties . . . . . . . . . 28
Section 11. Assignment and Notice . . . . . . . . . . . . 28 ,
Section 12 . Estoppel Certificate 28
' ii
Pie
r
Section 13. Counterparts and Exhibits . . . . . . . . 29
EXHIBIT A: Description of the Property
EXHIBIT B: Map Showing Location of Property
E09482 16769(1) i
t-
DEVELOPMENT AGREEMENT BETWEEN THE
COUNTY OF CONTRA COSTA AND
WINDEMERE RANCH PARTNERS
RELATIVE TO THE PROPERTY KNOWN AS
WINDEMERE
THIS DEVELOPMENT AGREEMENT (hereinafter, this
"Agreement" ) is entered into as of this day of October,
1990, by and between WINDEMERE RANCH PARTNERS, a California
limited partnership (hereinafter, the "Property Owner" ) , and
the COUNTY OF CONTRA COSTA, a political subdivision of the
State of California (hereinafter, the "County" ) , pursuant to
Sections 65864 et seg. of .the California Government Code.
Property Owner and County are from time to time hereinafter
referred to individually as "party" and collectively as the
"Parties . "
RECITALS
A. The Dougherty Valley, including the property
formerly known as Gumpert Ranch and now referred to as
"Windemere, " is critical to the future of Contra'Costa
County and the larger region. Its location and topography
make it valuable as open space. The ridgelines in the area
are particularly important as a visual resource. At the
same time, its proximity to several major employment centers
and a large number of jobs indicates that an appropriate
1
amount of .residential development could make it a key to
achieving a jobs/housing balance in the area. The result of
an improved jobs/housing balance is likely to be a reduction
in commute miles, with concomitant decreases in traffic
congestion and air pollution, and an improved quality of
life for those who live and work in the region. Given the
need- for both open space and residential development close
to existing and future jobs , any decision to limit either
open space or residential uses at Windemere in the future is
likely to have important environmental consequences .
B. Windemere has been and continues to be the
subject of intense comprehensive planning efforts . Both the
County and the City of San Ramon (the "City" ) include
Windemere within their respective planning areas. The
County's San Ramon Valley Area General Plan designates
Windemere as "Agricultural Preserve" ; the City's general
plan designates Windemere as "Residential Low Density. "
Under a Memorandum of Understanding between the County and
the City, dated March 23, 1990 (the "Memorandum of
Understanding" ) , the County and the City have agreed to a
joint planning process for the Dougherty Valley. Pursuant
to the Memorandum of Understanding, the City and the County
have undertaken preparation of a comprehensive Specific Plan
for the entire Dougherty Valley. An environmental impact
report will be prepared under the California Environmental
Quality Act, Public Resources Code Section 21000 et seg.
2
( "CEQA" ) , in order to evaluate thoroughly the effects of the
land-use regulations established by the Specific Plan.
These comprehensive planning and environmental review
efforts are still in progress .
C. The preparation of the Dougherty Valley
Specific Plan is being paid for by the two primary property
owners in Dougherty Valley: Shapell Industries, Inc. , owner
of the Gale Ranch, and Property Owner. Property Owner is
paying for one half of the cost of the preparation of the
Specific Plan, environmental review of the Specific Plan,
and certain county planning costs to a maximum amount of
$491, 000 .00 .
D. No final land-use planning decisions have been
made yet with regard to Dougherty Valley in general, or
Windemere in particular. The needs for both open space and
residential development have been discussed and considered
in a variety of forums. In view of the size of the
Dougherty Valley and the unique planning opportunities it
presents, the Specific Plan and related studies represent
only part of a long-range planning process for this area.
Because the thorough public discussion and studies required
for an environmentally-sensitive, rational, and fully-
evaluated decision to be made are still in progress, final
decisions regarding land uses have not been made. Although
it is clear that a substantial portion of Windemere will
remain as open space, .it has not been determined whether,
3
and. to what degree, residential and related development
should be allowed as well.
E. An initiative (the "Land Use Initiative For
The Unincorporated Area Of Contra Costa County, "
hereinafter, the "Initiative" ) has been placed on the ballot
in Contra Costa County for the November 6, 1990 election
(the "Election" ) , which. Initiative will be identified as
Measure F on the ballot. If enacted, the Initiative would
interrupt the ongoing comprehensive joint County/City
planning process to which Windemere has been subject. The
Initiative would preclude the County Board of Supervisors
(the "Board" ) , until December 31, 2010, from authorizing
uses for Windemere other than agriculture; associated
residential uses at a maximum density of one unit per 320
acres; commercial and industrial activities that primarily
serve and are directly related to local agriculture; soil,
water, and wildlife conservation activities; and
recreational uses such as hiking and riding trails, and
picnic areas .
F. If the Initiative is enacted, the substantial
expenditures of effort and money already made by the
Property Owner, the City, and the County towards a
comprehensive land-use planning process related to Windemere
will be rendered worthless . Furthermore, the threat of the
Initiative being enacted will discourage the ongoing land-
4
use planning and environmental review process that would
otherwise take place between now and the Election.
G. If the Initiative is enacted, 'the future of
Windemere will have been determined without review under
CEQA of the environmental impacts of that decision, since
the Initiative has not undergone CEQA review.
H. To strengthen the public planning process,
encourage private participation in comprehensive planning,
and reduce the economic risk of development, the Legislature
of the State. of California adopted Sections 65864 et seg. of
the Government Code (the "Development Agreement Statute" ) ,
which authorizes the County to enter into a development
agreement with any person having a legal or equitable
interest in real property for the development of the
property.
I . Property Owner has a legal or equitable
interest in the property that is the subject of this
Agreement, which property is described on Exhibit A attached
hereto, and shown on Exhibit B attached hereto (the
"Property" ) .
J. Property Owner recognizes that the
comprehensive land-use planning process for the Property has
not been completed and that its ability to develop the
Property for residential and related uses is speculative at
this point. However, Property Owner is willing to make
certain commitments that would apply should residential
5
development be authorized by future approvals . These
potential future approvals (the "Subsequent Potential
Development Approvals" ) may include, but are not limited to,
an amendment or amendments to the County's General Plan (the
"General Plan" ) , adoption of a Specific Plan, rezoning, and
subdivision map approval. In particular, Property owner is
willing to make commitments regarding the provision of
affordable housing, compliance with growth management,
funding of County Staff time related to joint County/City
planning efforts, and the protection of open space,
viewshed, ridgelines , hillsides, slopes, and creek areas ..
Furthermore, irrespective of whether residential development
proceeds, Property owner shall pay sums into a non-profit
fund to study the feasibility of a light rail system for
Contra Costa County.
K. The Subsequent Potential Development
Approvals, should they occur, would be subject to intensive
review by professional planning staff., public hearings and
approval by the appropriate decision-making body, and would
be subject to CEQA.
L. By entering into this Agreement, the joint
County-City planning process that has already begun would
not be discouraged from continuing and, in fact, would be
required to continue prior to any changes from the existing
General Plan designation occurring.
6
M. By entering into this Agreement, ' certainty is
provided that the land-use planning and environmental review
that have taken place and that may take place before the
Initiative is enacted., should it be enacted, will not be
rendered moot. Absence of this certainty will discourage
Property Owner's, City's, and County's continuation of these
planning and environmental review activities .
N. On September 14, 1990, the County Zoning
Administrator, the County's hearing body for purposes of
development agreement review pursuant to Government Code
Section 65867, following a duly noticed public hearing on
the subject, found that the Agreement is consistent with the
General Plan, exempt from CEQA, and adequate for adoption by
the Board. On October 2 , 1990, following a duly noticed
public hearing, the Board adopted Ordinance No.
approving this Agreement (the "Ordinance" ) , made appropriate
findings that the provisions of this Agreement are
consistent with the General Plan and that this Agreement is
exempt from CEQA, and authorized the execution of this
Agreement.
0. This Agreement will provide for orderly
planning for the future of the Property, ensure attainment
of the maximum effective utilization of resources within the
County at the least economic cost to its citizens, and
otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted. The Property
7
Y
Owner shall provide non-refundable funding to aid in the
development of public transit to benefit the County and the
larger region. Depending on the uses that the County may
eventually authorize for the Property, this Agreement also
may provide for preservation of substantial open space and
the protection of viewsheds, ridgelines, hillsides, slopes
and creek areas, provide affordable housing and help the
County provide its fair share of the region'.s housing needs,
provide for compliance with growth management, funding for
County Staff time related to joint County/City planning
efforts, and preserve the opportunity for an improved
regional jobs/housing balance. In exchange for these
benefits to the County, together with the public benefits
that will result 'from the ability of local government to
plan the future uses of the Property, . Property Owner desires
to receive the assurance that it, the County, and the City
may proceed with the ongoing comprehensive land-use planning
and environmental review process in 'accordance. with this
Agreement and with the knowledge that these activities will
not be rendered meaningless by the Initiative.
NOW, THEREFORE, in consideration of the premises,
covenants, and provisions set forth herein, the parties
agree as follows:
8
ti
AGREEMENT
Section 1. General Provisions .
A. Incorporation of Recitals . The Recitals set
forth above, and all defined terms set forth in such
Recitals and in the introductory paragraph preceding the
Recitals, are hereby incorporated into this Agreement as if
set forth herein in full .
B. Covenants . The provisions of this Agreement
shall constitute covenants or servitudes which shall run
with the land comprising the Property, and the burdens and
benefits hereof shall bind and inure to all estates and
interests in the Property and all successors in interest to
the Property Owner.
C. Effective Date. This Agreement shall be
effective upon the later of (i) thirty ( 30) days from the
date of adoption of the Ordinance by the Board, or (ii) the
date on which the Agreement is executed by both parties
hereto (said effective date shall be referred to herein as
the "Effective Date" ) .
D.' Term; Termination. The term of this Agreement
shall commence upon the Effective Date and shall extend
through December 31, 2010, unless said term is otherwise
extended "by circumstances set forth in this Agreement or by
the mutual consent of the parties . This Agreement may be
terminated by the mutual consent of the parties at any time
9
4
in accordance with the applicable provisions of state and
local law.
E. Amendment of Agreement. This Agreement may be
amended from time to time by mutual consent of the parties
or their successors in interest, in accordance with the
provisions of California Government Code Sections 65867 and
65868, provided that:
( 1) Procedural Exemptions . Any amendment to
this Agreement that does not relate to the term, permitted
uses, provisions for reservation and dedication of land, or
conditions , terms, restrictions, and requirements relating
to subsequent discretionary actions, monetary contributions
by Property Owner or any conditions or covenants relating to
the use of the Property, shall not require notice or public
hearing (unless the Director of the County Department of
Community Development deems such to be appropriate) before
the parties may execute an amendment hereto; and
(2) Amendment Exemptions . Any amendment of
the County's land-use regulations that, pursuant to this
Agreement, is applicable to the Property, including, but not
limited to, amendments to the County's General Plan and
zoning ordinance, shall not require an amendment to this
Agreement. Instead, any such amendment shall be deemed to
be incorporated into this Agreement at the time that such
amendment is approved.
10
Section 2 . Regulations Applicable to the Property.
A. Exemption from the Initiative. The Property
shall be exempt from the provisions of the Initiative and
any of its implementing ordinances, resolutions,
regulations, or official policies .
B. Rules, Regulations, and Official Policies .
(1) Effective Standards . Pursuant to
Government Code Sections 65865 .2 and 65866 , the ordinances,
rules, regulations , and official policies governing
permitted uses of the Property, governing permitted density
or intensity of use of the Property, provisions for the
reservation or dedication of land for public purposes,
maximum height and size of buildings, and governing design,
improvement, and construction standards and specifications
applicable to development of the Property (the "Effective
Standards " ) , shall be: (a) those County ordinances , rules,
regulations and official policies in force on October 2,
1990, including but not limited to general and specific
plans; or (b) such County ordinances, rules, regulations and
official policies, as they may be amended, specifically
including but not limited to County Measure C, the 65/35
Contra Costa County Land. Preservation Plan should it be
enacted. Notwithstanding the foregoing: (a) the Effective
Standards with regard to ridgeline, hillside, slope, and
creek area development shall be limited to those County
ordinances, rules, regulations. and official policies in
11
effect' on October 2 , 1990 and as they may be amended by the
County within one ( 1) year from the Effective Date; -and
(b) .the Property shall be exempt from the provisions ' of the
Initiative and any of its implementing ordinances,
resolutions, regulations or official policies.
(2) Future General Plan Amendments for the
Propert During the term of this Agreement, the General
Plan, as it concerns the Property, may be amended, and any
such amendment shall not be subject to the following:
(a) the Initiative and its implementing ordinances,
resolutions, regulations, or other implementing measures; or
(b) future ridgeline, hillside, slope and creek area
standards other than as set forth in Section 2 .B( 1) , above.
All County actions requiringconsistency with the General
Plan shall be made on the basis of the foregoing exclusions .
( 3) Moratoria. In the event an ordinance,
resolution, or other measure is enacted, whether by action
of the County, by initiative, referendum, or otherwise, that
relates to the rate, timing, sequencing, or phasing of the
development or construction on all or any part of the
Property, County agrees that such ordinance, resolution, or
other measure shall not. apply to the Property or this
Agreement. Without limiting the foregoing, County agrees
that no moratorium or other limitation (whether relating to
the rate, timing, sequencing, or phasing thereof) affecting
12
zoning, subdivision maps, building permits or other
entitlements to use that are approved or to be approved,
issued or granted within the County, or portions of the
County, shall apply to the Property or this Agreement.
(4) State and Federal Laws . As provided in
California Government Code Section 65869 .5, and
notwithstanding any other provision of this Agreement, this
Agreement shall not preclude the application to the Property
of changes in County laws, regulations, fees , plans or
policies, to the extent that such changes in County laws,
regulations, fees, plans, or policies are specifically
mandated and are required to be applied to this Property by
changes in state or federal laws or regulations . In the
event such changes in state or federal laws prevent or
preclude compliance with one or more provisions of this
Agreement, or require a change in this Agreement, the County
and Property Owner shall take such action as may be required
by law or pursuant to Section 5 .D (Enforced Delay; Extension
of Time of Performance) of this Agreement.
C. Development Timing. There is no requirement
under this Agreement that Property Owner must initiate or
complete development of the Property within any period of
time to be set by the County, or to initiate or complete
development of the Property at all.
D. Fees . Property Owner shall be required to pay
such fees as may be lawfully required and imposed in the
13
discretion of the County and the City of San Ramon at the
time such fees are imposed.
Section 3. Obligations of Property Owner. In
consideration of the County entering into this Agreement,
Property Owner agrees that it ,will comply with the following
requirements:
A. Light Rail Transit. By the Effective Date,
Property Owner shall pay $25,000 into a non-profit fund to
study the feasibility of a light rail system for Contra
Costa County. Property Owner shall pay up to an additional
$25,000 into such fund upon a demonstration of need by the
County. Under all circumstances, said. payments shall be
non-refundable.
B. Affordable Housing. If approval for
residential and related development of the Property is
sought and obtained, and residential units are constructed.
on the Property, Property -Owner will, at the discretion of
the County, either:
( 1) Provide for 25 percent of all residential
units to be affordable. "Affordable" means that the monthly
• rent or mortgage, payment for such units will be no more than
30-35 percent of the gross monthly income of a household
with an income between 80 and 120 percent of the County's
median income; or,
(2) Pay an in-l.ieu fee adequate for providing
the units described in the preceding paragraph.
14
e
C., Open Space, Development in Accordance with the
65/35 Contra Costa County Land Preservation Plan. If
approval for residential and related development is sought
and obtained, Property Owner agrees to develop the Property
in accordance with. the 65/35 Contra Costa County Land
Preservation Plan, if enacted, and with- subsequently-enacted
ordinances, rules, regulations, and official policies that
substantially conform to said Plan, if °enacted.
D. Limitations on Development of Ridgelines ,
Slopes and Creek Areas . If approval for residential and
related development is sought and obtained and residential
units are constructed on, the Property, Property Owner agrees
to develop in accordance with County's ridgeline, hillside,
slope, and creek area development regulations in .effect on
October 2, 1990, and as. they may be amended by the County
within one ( 1) year from the Effective Date.
E. Development in Accordance with .Transportation
Improvement and Growth Management Program. If approval for
residential and related development is sought and obtained,
Property Owner agrees to develop the Property� in accordance
with the Contra Costa Transportation Improvement and Growth
Management. Program, adopted on August 3, 1988, and approved
by the voters on November 8, 1988, as amended (the "Growth
Management Measure" ) , and with subsequently-enacted
ordinances, rules, regulations, and official policies that
15
4
t
substantially conform to infrastructure and service
standards set forth in' the Growth Management Measure.
F. County Staff Time. During the ongoing joint
planning efforts between the City and County, the Property
Owner shall pay for County staff time relating to the joint
planning efforts and, if needed, for processing of
development applications .,
County acknowledges and agrees that Property
Owner's agreement to abide by these requirements and expend
the substantial funds necessary-to do so is a material
consideration for County's execution of this Agreement.
Property Owner acknowledges and agrees that all of the terms
of this Agreement, including those requirements under
Section 3 of this Agreement, are reasonable, legal, and
valid and that Property Owner is barred from any action or
proceeding or any defense of invalidity or unreasonableness .
of said terms and related County decisions . Further,
Property Owner agrees that during the period that this
Agreement is in effect, Property Owner will not attack or
otherwise assail -the reasonableness, legality or validity of-
, any terms and conditions of this Agreement.
Section 4 . Cooperation in the Event -of Legal
Challenge. In,the event of any legal or equitable action or
other proceeding instituted by any third party (including a
governmental entity or official) challenging the validity of
any provision of this Agreement or the Subsequent Potential
16
Development Approvals, should. any be obtained, .the parties
hereby agree to cooperate in defending such action or
proceeding. - In the event the County and Property Owner are
unable to select mutually agreeable legal counsel to defend
such action or proceeding, each party may select its own
legal counsel at each party's expense. In no event shall
the County be required to bear the cost of such defense(s)
(except for the costs of the County's own attorneys) , and
Property owner shall save and hold County harmless from
claims or awards for third-party attorneys ' fees and costs.
If any third-party legal or equitable action or
other proceeding is instituted to challenge the Subsequent
Potential Development Approvals, should any be adopted, and
one or more of the Subsequent Potential Development
' Approvals are set aside or otherwise made ineffective by any
judgment in such action, the . parties shall cooperate to cure
any procedural or substantive deficiencies in the Subsequent
Potential Development Approvals and in documents or plans
related to the Subsequent Potential Development Approvals
and to readopt or reenact such Subsequent Potential
Development Approvals following such cure of procedural or
substantive deficiencies, at the sole cost of the Property
Owner.
17
Section 5 . Default and Remedies .
A. General Provisions . Failure or unreasonable
delay by either party to perform any term .or provision of
this Agreement for a period of ninety (90) days after
written notice thereof from the other party shall constitute
a default under this Agreement, subject to extensions of
time by mutual consent in writing. Said notice shall
specify the nature of the alleged default and the manner in
which said default may be satisfactorily cured. If the
nature of the alleged default is such that it cannot
reasonably be cured within such 90-day period, the
commencement of the cure within such time period and the,
diligent prosecution to completion of the cure shall be
deemed a cure within such period.
Subject to the foregoing, after notice and
expiration of .the 90-day period without cure, the other
party to this Agreement, at its option, may institute legal
proceedings pursuant to this Agreement and/or give notice of
intent to terminate this Agreement pursuant to California
Government Code Section 65868 . Following such notice of.
intent to terminate, the matter shall be scheduled for
consideration and review by the Board within sixty (60)
calendar days in the manner set forth in California
Government Code Sections 65867 and 65868 .
Following consideration of the evidence presented
in said review before the Board, and a determination by the
18
Board based thereon, the party alleging the default by the
other party may give written notice of termination of this
Agreement to the other party.
Evidence 'of default may also arise in the course of
the regularly scheduled annual review of thi's Agreement as
described in Section 5 .B, below, and any such default shall
be subject to the provisions of this Section 5 .A, in
addition to the provisions of Section 5 .B, below.
B. Annual Review. Each year during the term of
this Agreement, beginning in 1991, the County shall review
the extent of good-faith compliance by Property Owner with
the terms of this Agreement. Said review shall be
conducted by the County Zoning Administrator pursuant to
California Government Code Section 658.65 . 1 .
During the review, Property Owner shall be required
to .demonstrate good-faith compliance with the terms of. this
Agreement. At the conclusion of the review, the County
Zoning Administrator shall make written findings and
determinations, on the basis of substantial evidence,
whether or not Property Owner or its successor in interest
has complied in good faith with the terms and conditions of
this Agreement. The decision of the County Zoning
Administrator shall be appealable directly to the Board, and
any appeal shall otherwise be governed by the provisions of
.Article 26-2.24 . of the Contra Costa County Code, as amended
from time to time. If the Zoning Administrator finds and
19
determines that Property Owner has not complied with such
terms and conditions, the Zoning Administrator may recommend
to the Board that the County terminate or modify this
Agreement by giving notice of its intention to do so in the
manner set forth in California Government Code Sections
65867 and 65868. The reasonable costs incurred by County in
connection with the herein described annual review process
shall be borne by Property Owner.
In the manner prescribed in Section 9 of this
Agreement, the County shall deposit in the mail to Property
Owner a copy of any. public staff reports and documents to be
used or relied upon in conducting the review and, to the
extent practical, related exhibits concerning Property
Owner's performance hereunder, at least ten ( 10) days -prior
to any such periodic review. Property Owner shall be
permitted an opportunity to respond to the County's
evaluation of Property Owner's performance, either orally at
a public hearing or in a written .statement, at Property
Owner's election. Such response shall be made to the County
Zoning Administrator.
In the event , the County fails to either ( 1) conduct
, the annual review or (2) notify Property Owner in writing
(following the time during which the review is to be
conducted) of the County's ,determination as to compliance or
noncompliance with the terms of this Agreement and such
20
failure remains uncured as of December 31 of any year during
the term of this Agreement, such failure shall be -deemed an
approval by the County of Property Owner's compliance with
the terms of this Agreement.
With respect to each year for which an annual
review of compliance with this Agreement is conducted, and
with respect to each year in .which the ,County finds the
Property Owner in compliance or is deemed to approve of
Property Owner's compliance with this Agreement pursuant to
the preceding paragraph, the County, upon request of
Property Owner, shall provide Property Owner with a written
notice of compliance, in recordable form, duly executed and
acknowledged by the -County. Property Owner shall have the
right, in Property Owner's sole discretion, to record this
notice of . compliance.
C. Default by County. In the event County
defaults under the terms of this Agreement, Property Owner
shall have all rights and remedies provided herein or under
applicable law, including without limitation the right to
seek .specific performance by the County. But in no event
shall Property Owner have any right .to monetary damages.
D. Enforced Delay; Extension of Time of
Performance. In addition . to specific provisions of this
Agreement, performance by either party hereunder shall not
be deemed to be in default where delays or defaults are due
to war,, insurrection, strike, walk-out, riot, flood,
21
earthquake, fire, casualty, act of God, governmental
restriction imposed or mandated by other governmental
entities, enactment of conflicting state or federal laws or
regulations, judicial decisions, or any similar basis for
excused performance that is not within the reasonable
control of the party to be excused. Litigation attacking
the validity of this Agreement 'or any permit, ordinance,
entitlement, or other action of a governmental agency
necessary for the development of the Property consistent
with this Agreement shall be deemed to create an excusable
delay as to Property Owner. Upon the request of either
party hereto, an extension' of time for such cause will be
granted in writing for the period of the enforced delay, or
longer .as may be mutually agreed upon.
E. Legal Action. Either party may, in addition
to any.-other rights or remedies, institute legal action to
cure, correct, or remedy any default, enforce .any covenant
or agreement herein, enjoin any threatened or attempted
violation, or enforce by specific performance the
obligations and rights of the parties hereto. In such
event, the prevailing party shall not be entitled to its
attorneys , fees and costs, if any.
F. Construction of Agreement. This Agreement
shall be' construed and enforced in accordance with the laws
of the State of California.
22
Section 6 . Hold Harmless Provisions . Property
owner shall defend, hold harmless, and indemnify the
indemnitee (the County, and its special districts; its
elective and appointive boards and commissions; and its
officers, . agents and employees) as follows:
A. The liabilities protected against are any
liability or claim for damage of any kind allegedly
suffered, incurred, or threatened because of actions defined
below, and including personal injury, death, property
damage, inverse condemnation, or any combination of these,
and regardless of whether or not such liability, claim, or
damage was unforeseeable at any time before the County
reviewed any .plans or accepted the work as complete, and
including the defense of any suits, actions, or other
proceedings concerning said liabilities and claims .
B. The actions causing liability are any act or
omission (negligent or non-negligent) in connection with the
matters -covered by this Agreement and attributable to
Property Owner, any contractor, subcontractor, or any
officer, agent or employee of one or more of them.
C. The promise and agreement in this Section 6
are not conditioned or dependent on .whether or not: (a) the
indemnitee has prepared, supplied, or reviewed any plan(s)
or specification(s). in connection with development, if any,
or (b) has insurance or other indemnification covering any
23
of these matters; or (c) the alleged damage resulted partly
from negligent or willful misconduct of any party.
Section 7 . No Joint Venture or Partnership. The
County and Property Owner hereby renounce the existence of
any form of joint venture or partnership between the County
and Property Owner and agree that nothing contained herein
or in any document executed in connection herewith shall be
construed as making the County and Property Owner joint
venturers or partners .
Section 8. General.
A. Unless this Agreement is amended or terminated
pursuant to its provisions, this Agreement shall be
enforceable by any party hereto notwithstanding any change
hereafter enacted or adopted (whether by ordinance,
resolution, initiative, or any other means) in any
applicable General Plan, Specific Plan, zoning ordinance,
subdivision ordinance, or .any other ordinances or building
ordinances, resolutions, or other rules, regulations, or
policies of the County, which change purports to change,
alter or amend the Effective Standards . This Agreement
shall not prevent the County in subsequent actions
applicable . to the Property from applying new rules,
regulations, or policies that, do not directly or indirectly
conflict with the Effective Standards.
B. County hereby finds and determines that
execution of this Agreement furthers public health, safety,
24 .
and general welfare and that the provisions of this
Agreement are consistent with the General Plan. In adopting
the Ordinance, the Board found that this Agreement is
consistent with the General Plan. Those findings are
included in the Ordinance and are public records . available
for review in the County Community Development Department
(County File No. D.A. 113) . Those findings are incorporated
into this Agreement by this reference as if set forth herein
in full.
C. If 'any term, provision, covenant, or condition
( "Provision" ) of this Agreement or the application of any
Provision of this Agreement to a particular situation is
held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining Provisions of this
Agreement, or the application of this Agreement to other
situations, shall continue in full force and effect.
Notwithstanding any other Provision of this Agreement, if
any Provision of this Agreement by itself, or as applied in
any particular situation, is <held to be invalid, void or
unenforceable, Property Owner may, in Property Owner's sole.
and absolute discretion, terminate this Agreement by
providing written notice of such termination to the County,
except that the Provisions of Sections 4, 5 .E, and 6 shall
remain in full force and effect as between the parties.
D. Each reference in this Agreement to this
Agreement shall be deemed to refer to the Agreement as it
25
may be amended from time to time, whether or not the
particular reference refers to such possible amendment.
E. This Agreement has been reviewed and revised
by legal counsel for both Property Owner and County, and no
presumption or rule that ambiguities shall be construed
. against the drafting party shall apply to the interpretation
or enforcement of this Agreement.
Section .9 . Notices . Any notice or communication
required hereunder between County and Property Owner must be
in writing, and may be given either personally, by telecopy
facsimile transmission (followed immediately by depositing
an original copy in the mail) , or by registered or certified
mail, return receipt requested. If given by registered or
certified mail, the same shall be deemed to have been given
and received on the first to occur of (i) actual receipt by
any of the addressees designated below as the party to whom
notices are to be sent, or (ii) five (5) days after a
registered or certified letter containing such notice,
properly addressed, with postage prepaid, is deposited in
the United States mail. If personally delivered or
transmitted by telecopy, a notice shall be deemed to have
been given when delivered or transmitted to the party to
whom it is addressed. Any party hereto may at any time, by
giving ten ( 10) days ' written notice to the other party
hereto, designate any other address in substitution of the
address to which such notice or communication shall be
26
given. Such notices or communications shall be given to
the parties at their addresses set forth below:
If to County, to:
Director of Community Development
Contra Costa County
County Administration Building
651 Pine Street
Martinez, CA 94553
Facsimile No. : : (415) 646-1309
Telephone No. : (415) 646-2026
Copies to:
County Counsel
Contra Costa County Administration Building
651 Pine Street
Martinez, CA 94553
Facsimile No. : (415) 646-1078
Telephone No. : (415) 646-2074
Director of Public Works
255 Glacier Drive
Martinez, CA 94552
Facsimile No. : (415 ) 646-1147
Telephone No. : (415) 646-4470
If to Property Owner, to:
Windemere
2430 Camino Ramon
Suite 124
San Ramon, CA 94583
Facsimile No. : (415) 867-3260
Telephone No. : (415) 867-3250
With Copies to:
Morrison & Foerster
101 Ygnacio. Valley Road
Suite 450
Walnut Creek, CA 94596-3570
Attention: - David A. Gold
John L. Adams
Facsimile No. : (415) 946-9912
Telephone No. : (415) 295-3300
27
Section 10 . Consent of Other Parties. Property
Owner may, at its discretion, elect to have other holders of
legal, equitable or beneficial interests in the Property, or
portions thereof, acknowledge and consent to the execution
and recordation of this Agreement by, executing a document in
recordable form to such effect. The execution of any such
document by other holders of any legal, equitable, or
beneficial interests in the Property is not a condition
precedent to this Agreement.
Section 11. Assignment and Notice. Property Owner
shall have the right to assign or transfer all or any
portion of interests; rights or obligations under this
Agreement to third -parties acquiring an interest or estate
in the Property, including, without limitation, purchasers
or longterm ground lessees of individual parcels or
facilities located on the Property. The assignment or
transfer by Property Owner of an obligation of Property
Owner's under this Agreement shall relieve Property Owner of
that obligation. Property Owner shall have no obligation
whatsoever to provide notice of any proposed assignment or
transfer.
Section 12 . Estoppel Certificate. Within
thirty ( 30) days following any written request which either
party may make from time to time, the other party to this
Agreement shall execute and deliver to the requesting party
a statement certifying that: (a) This Agreement is
28
unmodified and in full force and effect, or if there have
been modifications hereto, that this Agreement is in full
force and effect as modified and stating the date and nature
of such modification; (b) There are no current uncured
defaults under this Agreement or specifying the dates and
nature of any such default; and (c) Any other reasonable
information requested. The failure to deliver such a
statement within such time shall constitute a conclusive
presumption against the party which fails to deliver such
statement that this Agreement is in full force and effect
without modification except as may be represented by the
requesting party and that there are no uncured defaults in
the performance of the requesting party, except as may be
represented by the requesting party.
Section 13 . Counterparts and Exhibits . This
Agreement is executed in four (4 ) duplicate counterparts,
. each of which is deemed to be an original. This Agreement
consists of thirty-one (31) pages of text and signatures; a
cover sheet, a table of contents and notary acknowledgment
forms on additional pages; and, in addition two (2)
exhibits. This Agreement and its exhibits constitute the
entire understanding and -agreement of .the parties . The
following exhibits are attached to this Agreement and are
incorporated into this Agreement for all purposes by this
reference:
29
i
Exhibit A Description of the Property
Exhibit B Map Showing Location of
Property
IN WITNESS WHEREOF, Property Owner and County have
executed this Agreement as of the date first hereinabove
written.
COUNTY:
COUNTY OF CON RA COSTA
By:
'5 t
y Bragdon, Directo
lep�ar
tment of Community
Development
Approved as to Form:
Victor Westman
County Counsel
By:
Title:
30
4
PROPERTY OWNER:
WINDEMERE RANCH PARTNERS,
a California limited partnership
BY: WINDEMERE GENERAL PARTNERS,
a . California general
partnership
Its Managing General Partner
BY: WINDEMERE ASSOCIATES, a
California general
partnership
Its General Partner
BY: CJICO WINDEMERE GROUP,
a California general
partnership
Its General Partner
By:
James W. Sievers
General Partner
BY: CWL WINDEMERE GROUP,
a California limited
partnership
Its General Partner
By:
. Allan Cha an,
General Partner
31
E09482 ( 16769) ( 1)
e
a,
STATE OF CALIFORNIA )
ss
COUNTY OF CONTRA COSTA )
On this 9th day of October, in the year 1990,
before me, a notary public in and for said county any state,
personally appeared Karl Wandry, �/ - or
proved to me on the basis of satisfactory evidence-F to be
the person who executed this instrument as Deputy Director
of the Contra Costa County Department of Community
Development and acknowledged to me that the Contra Costa
County executed it.
IN WITNESS WHEREOF, I have hereunto set my hand
and official seal the day and year above written.
OFFICIAL SEAL ""Notary Publ 4c
• KRIS SAAD
Notary PubI,� Ifomla
CONTRA COSTA COUNTY
Own.My O n'1.Exp.Apt 5.1991
•
1`
a,
STATE OF CALIFORNIA }
ss .
COUNTY OF SAN FRANC t SCO )
On this �' day of October, 1990, before me, a
Notary Public in and for said State, duly commissioned and
sworn, personally appeared F. Allan Chapman, personally known
to me (or proved to me on the basis of satisfactory evidence)
to be a general partner of CWL Windemere Group, a California
limited partnership, the limited partnership executing the
within . instrument, and executed the within instrument on
behalf of said limited partnership, and acknowledged to me
that such limited partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal on the date in this certificate
first above written.
OFFICIAL SEAL
LILIBETH Y. ABAD
NOTARY °LIpC-CALIFORNIA
C SAN FRAt�isc F
My c . Exp. Auc. t N6tary Public
E21479 (DFA1]
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN MATEO )
On this day of October, 1990, before me, a Nortary Public in
and for said State, duly commissioned and sworn, personally appeared James
W. Sievers, personally known to me (or proved to me on the basis of satisfactory
evidence) to be a general partner of CJICO Windemere Group, a California
general partnership, the general partnership executing the within instrument,
and executed the within instrument on behalf of said general partnership, and
acknowledged to me that such general partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal on the date in this certificate first above written.
�F OFFICIAL SEAL .
�~ KERIN A GARRETT
NOTARY PUBLIC -CA>_IFORNIA
Nota Public
SAN MATED COUNTY
My comm. expires NOV 9, 1990
EXHIBIT A
Legal Description
DESCRIPTIONS
TSE LAW) REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTi OF CONTRA COSTA. UNINCORPORATED, DESCRIBED AS FOLLOWS:
PORTION OF LOTS 4t 6 , 16t 17 AND 18 AND ALL OF LOTS 19t 20t 21, 22 23 ,
241 25, 26t 27t 28t 29, 30 AND 31t PORTION OF LOT 32 AND ALL OF LOTS
33. 34t 37 AND 38, MAP OF THE PROPERTY OF THE ESTATE OF ELIZABETH A.
DOUGHERTY, DECEASED, IN ALAMEDA AND CONTRA COSTA COUNTIES,, WHICH MAP
WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, ON MAY 4 , 1891 , IN BOOK C OF MAPSt PAGE 631 AND
FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF ALAMEDA, STATE
OF CALIFORNIA, ON MAY lit 1891• IN BOOR 8 OF MAPS , PAGE 75, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE LINE BETWEEN LOTS 18 AND 191 WITH
THE MOST WESTERLY LINE OF LOT 8t AS DESIGNATED ON THE MAP ABOVE
REFERRED TO; THENCE FROM SAID POINT OF BEGINNING ALONG THE LINE
BETWEEN LOT 18 AND LOTS 8 AND 9t SOUTH 1 WEST, 6 .13 CHAINS; SOUTH 50
EAST 17.50 CHAINS AND SOUTH ll* 1S ' WEST 17.18 CHAINS TO THE CORNER
COMMON TO LOTS 9t 10t 17 AND 18t SAID CORNER BEING AN ANGLE POINT IN
THE EXTERIOR LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO FRANK
PINE, ET AL, RECORDED MARCH 19s 1912• BOOR 1791 DEEDS, PAGE 184;
THENCE ALONG SAID EXTERIOR LINE AS FOLLOWS:
NORTH 770 50' WEST, 7.98 CHAINS; SOUTH 610 OS' WEST 13 .42 CHAINS; AND
SOUTH 750 WEST 24 CHAINS TO THE LINE BETWEEN LOTS 17 AND 311 THENCE
ALONG SAID LINE SOUTH 50 WEST 11 CHAINS AND SOUTH 180 30 ' WEST 9
CHAINS TO THE NORTHWEST CORNER OF LOT 161 THENCE ALONG TEE LINE
BETWEEN LOTS 16 AND 32, SOUTH 25° WEST, 3.95 CHAINS; THENCE LEAVING
SAID LINE SOUTH 140 15' WEST* 11.79t CHAINS TO A POINT ON SAID LINE
BETWEEN LOTS 16 AND 321 THENCE ALONG SAID LINE SOUTH 220 WEST 1.61
CHAINS TO THE NORTHWEST CORNER OF THE 135.80 ACRE TRACT OF LAND
DESCRIBED IN THE DEED TO M. S. DUARTE, RECORDED NOVEMBER 16t 19110
BOOK 1995, DEEDSt PAGE 1621 ALAMEDA COUNTY RECORDS; THENCE SOUTH 220
WESTt 2.87 CHAINS; THENCE SOUTH 66° 30 ' WEST 7 .13 CHAINS; THENCE SOUTH
210 15' WEST• 12:54 CHAINS TO THE SOUTH LINE OF LOT 321 THENCE ALONG
THE SOUTH LINE OF LOTS 32, 33 AND 34, NORTH 680 45 ' WEST 52.67 CHAINS
TO THE MOST WESTERLY CORNER OF LOT 341 THENCE ALONG THE WEST LINE OF
LOTS 31 AND 341 NORTH 280 15' EAST, 71.9 CHAINS TO THE SOUTHWEST LINE
OF LOT 30; THENCE ALONG THE LINE BETWEEN LOTS 30 AND 35, NORTH 580 43'
WEST 792 FEET,, NORTH 38° 12' WEST 759.20 FEET/ AND NORTH 650 43 ' WEST
132 FEET TO THE CORNER COMMON TO LOTS 30t 35 AND 361 THENCE ALONG THE
LINE BETWEEN SAID LOTS 30 AND 36t NORTH 650 431 WEST, 481.8 FEET AND
NORTH 380 131 WEST 759 FEET TO THE CORNER COMMON TO LOTS 30t 36 AND
37; THENCE ALONG THE LINE BETWEEN SAID LOTS 36 AND 37t NORTH 360 43'
WEST 2112 FEET TO THE CORNER COMMON TO LOTS 36# 3 7, 3 9, AND 481 THENCE
ALONG THE LINE BETWEEN. SAID LOTS 37 AND 39, NORTH 410 171 EAST 264
FEET NORTH 8510 472 EAST 561 FEET AND NORTH 20" 47' EAST 1314.72 FEET
s
q
TO THE CORNER COMMON TO LOTS 271, 37 , AND 39; THENCE ALONG TSE LINE
BETWEEN SAID LOTS 27 AND 39# NORTH 10 28' WEST 396 FEET, NORTH 140 02'
EAST429 €EETt NORTH 190 58' WESTt 462 FEET, NORTH 30' 02' EAST 594
FEET AND NORTH 270 43' WEST 660 FEET TO THE CORNER COMMON TO LOTS 27,
39 AND 40; THENCE ALONG THE LINE BETWEEN SAID LOTS 27 AND 401 NORTH
12° 17 ' EAST 326.70 FEET AND NORTE 320 02' EAST 280.5 FEET TO THE
CORNER COMMON TO LOTS 261 27 AND 40; THENCE ALONG THE LINE .BETWEEN
SAID LOTS 26 AND 40, NORTH 150 32 ' EAST 564.30 FEET AND NORTH 450 02'
EAST 316.8 FEET TO THE CORNER COMMON TO LOTS '26p 40 AND 41; THENCE
ALONG . THE LINE BETWEEN SAID LOTS 26 AND 41# NORTH 340 02' EAST 809.82
FEET TO THE CORNER COMMON TO LOTS 25j 26 AND 41; THENCE ALONG THE LINE
BETWEEN SAID LOTS 25 AND 41, NORTH 370 32' EAST 534.6 FEETt NORTH 130
47 ' EAST 710.16 FEET AND NORTH 300 47 ' EAST 372.24 FEET TO THE CORNER
COMMON TO LOTS 24t 25t 41 AND 42; THENCE ALONG THE LINE BETWEEN SAID
LOTS 24 AND 42, NORTH 210 02 ' EAST 825 FEET, NORTH 270 02 ' EAST 396
FEET, NORTH 520 02 ' EAST 330 FEET# NORTH 450 324 ; EAST 594 FEET AND
NORTH 190 47 ' EAST 481.8 FEET TO THE NORTH LINE OF SAID LOT 24; THENCE
ALONG SAID NORTH LINE OF LOT 24 AND ALONG THE NORTH LINE OF LOT 23 ,
SOUTH 890 45' EAST 5946 .60 FEET TO THE NORTHWEST CORNER OF LOT 1;
THENCE ALONG THE LINE BETWEEN LOTS 1 AND 23t SOUTH 5° WEST 10 CHAINS
TO THE CORNER COMMON TO LOTS 1 AND 2, ON THE EAST LINE OF LOT 23;
THENCE ALONG THE EAST LINE OF LOTS 23 AND 221 SOUTH 5° WEST 8 CHAINS,
SOUTH 260 EAST 14.80 CHAINS AND SOUTH '10 45' WEST 13 CHAINS AND SOUTH
450 WEST 7 .70 CHAINS TO THE CORNER COMMON BETWEEN LOTS 2 AND 3 ON THE
EAST LINE OF LOT 22, BEING THE NORTHWEST CORNER OF THE PARCEL OF LAND
DESCRIBED IN THE DEED TO 1ANUEL S. MATTOS , RECORDED NOVEMBER 261 19231
BOOR 453 , DEEDS, PAGE 66; THENCE ALONG THE WEST LINE OF SAID MATTOS
PARCEL, AS FOLLOWS:
SOUTH 53° WEST, 3 .5 CHAINS; SOUTH 190 WEST# 14.8 CHAINS ' SOUTH 50° 45 '
EAST# 5 CHAINS AND SOUTH 10 30 ' WEST 6 .64 CHAINS TO A WHITE OAR TREE
AT THE NORTHWEST CORNER OF THE 254.97 ACRE PARCEL OF LAND DESCRIBED IN
TEE DEED TO ANTONE PERRY SILVAt ET AL# RECORDED JUNE 23* 1.923 # BOOR
435 DEEDS, PAGE 417; THENCE ALONG THE WEST LINE OF SAID SILVA PARCELt
AS FOLLOWS:
SOUTH 370 30' WEST, 12.25 CHAINS; SOUTH 120 WEST# 2.2 CHAINS] SOUTH
1.28 CHAINS; SOUTH 50 30' WEST# 9.90 CHAINS; SOUTH 00 45' EAST 25.92
CHAINS AND SOUTH 480 30' EAST 9.05 CHAINS TO THE NORTHWEST CORNER OF
THE 146.48 ACRE PARCEL OF LAND DESCRIBED IN THE DEED TO THEODORE
NISSENt RECORDED OCTOBER 241 19081 BOOR 140 DEEDS# PAGE 83# CONTRA
COSTA COUN'T'S RECORDS; THENCE ALONG THE MOST WESTERLY LINE OF SAID
PARCEL OF LAND, SOUTH 230 44' 15" WEST 1412.01 FEET AND SOUTH 400 39
35" WEST 554.24 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, BEING
ALSO THE NORTHWEST CORNER OF THE PARCEL OF .LAND DESCRIBED IN THE DEED
TO W. H. DONAHUE, RECORDED APRIL St 1905t BOOR 110 DEEDSt PAGE 4071
CONTRA COSTA COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL
SOUTH 00 41' 30" WEST, 1146.45 FEET TO THE POINT OF BEGINNING.
t
EXCEPTING THEREFROM:
THE ESTATE AWARDED TO UNITED STATES OF AMERICA IN THE FINAL JUDGMENT
DATED JULY 21, 1947, UNDER ACTION NO. 22352-R IN THE DISTRICT COURT OF
THE UNITED STATES, IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 2,
1947, BOOR 1104 OFFICIAL RECORDS, PAGE 377.
ALSO EXCEPTING THEREFROM: THE RIGHTS RESERVED IN THE DEED FROM EMIL
GUMPERT, ET AL, ' TO EDCEL N.B. , A NETHERLANDS ANTILLES CORPORATION,
RECORDED MARCH 28, 1980, AS INSTRUMENT NO. 80-39830 , AS FOLLOWS:
"BUT ONLY AS TO THE AREA LYING MORE THAN FIVE HUNDRED (500) FEET BELOW
THE LAND SURFACE OF THE REAL PROPERTY, AN UNDIVIDED ONE-HALF (1/2)
INTEREST IN AND TO ALL RIGHTS T0, AND ONE-HALF (1/2) OF ALL OIL, GAS,
MINERALS , PETROCHEMICALS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR
PRODUCED AND SAVED FROM, THE REAL PROPERTY WHETHER OR NOT OF RECORD" .
APN: 206-050-001
206-050-002
206-050-003
206-050-004
206-070-001
206-070-002
206-090-001
206-090-002
206-110-001
`tilt ,, � `�lti �� .� •.
- •,..,, i1..':��;�,,. `J'�,- �•n+ •! jam'' ,F
ti}'�✓\. t J•✓. ,.I t �t+ ;.;', ^.J \./ �..,y lJl/���' � �,.• `� � ' � vC�f'`�
.J .' + �..+�'..•���.'.� � '" '"-""`��, f,.• �'"-�"y,_;._•.•• �-�-;,.,,;�, ,.� `•:` � '✓ 'err
.S;`'_' /sty �'�+." ." ..� , `'%ii:...�„ 6 Vtf ,,� +� �� '* - •t r._, ,
„•'_ - �yc ^�` `� `t..r" i y / ,` �• f • ,,tet/'y
"=�,w._ s ;6 _ �"^•i' _ C� 1//' , � �.,�T; ., 1'777 I+�r..l,' •.ik':\ •�.�
PI
je
31
ti
INJ 1,
i' ,n,,. :*'�f. 'STV ,/`� ^�` \`\�i'11�. ♦ . .-, i."1 \ \-'"'" * •( .,^,\ �!�^�'' •t;"\./�';.'`Y s
f �� fjf �` .� t"• ._�--_ »fir =� Z 1`:� .(\tet.�
co
6"tz�
`�' ..�♦ - �..�. '- _.f'�J 1 (,.'�'l) ./ ♦ice'
ki
�f �r _ `,5'���.,t jam".�-!' •,�"���'���� 1 a�•�::f`� � y •1 � / •, 5 j i�y f �t 1� /�.•r
� �• �F �--"'^i,�--. ,� ��� !r��� ,i��4'rY f +.,,ZI A\r.,h� ..�,! t ''�� �¢J,/%(� l� ''!',"���\J �"`�
•S •t_ t -t.J7 �, 1� ^�.•, �, 77f l��•r,• �� ,•, '• t..s 1 1 'f / i•�Il
j
'.�.r'1,• - --.. _ ^1'!1''7, �
ti �