HomeMy WebLinkAboutMINUTES - 02231999 - D1 D.I
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1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY
4 Road Purposes State Route 4 West No. 99/ 67
Gap Project Hercules Area (C.C.P. Sec. 1245.230)
5
6 The Board of Supervisors of Contra Costa County, California,by vote of two-thirds or
7 more of its members, RESOLVES that:
8 Pursuant to Government Code Section 25350.5 and Streets & Highways Code Section
9 943, Contra Costa County in conjunction with the Contra Costa Transportation Authority and
10 Caltrans intend to construct a road project, a public improvement, that consists of adding two
11 new lanes,which will carry westbound traffic, north of the existing, two lane highway more
12 commonly known as Franklin Canyon Road in the Hercules area, and, in connection therewith,
13 acquire interests in certain real property.
14 The properties to be acquired consist of 62 parcels and are generally located in the
15 Hercules area. The said properties are more particularly described in Appendix "A", attached
16 hereto and incorporated herein by this reference.
17 On January 21, 1999, notice of the County's intention to adopt a resolution of necessity
18 for acquisition by eminent domain of the real property described in Appendix "A"was sent to
19 persons whose names appear on the last equalized County Assessment Roll as owners of said
20 property. The notice specified February 9, 1999, at 9:00 a.m. in the Board of Supervisors
21 Chambers in the Administration Building, 651 Pine Street, Martinez, California, as the time and
22 place for the hearing thereon. At that time the Board of Supervisors continued the hearing to
23 February 23, 1999 at 10:00 a.m.
24 The hearing was held at that time and place, and all interested parties were given an
25 opportunity to be heard and based upon the evidence presented to it, this Board finds, determines
26 and hereby declares the following:
27 1. The public interest and necessity require the proposed project; and
28
RESOLUTION OF NECESSITY 1
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1 2. The proposed project is planned and located in the manner which will be most
2 compatible with the greatest public good and the least private injury; and
3 3. The property described herein is necessary for the proposed project; and
4 4. The offer required by Section 7267.2 of the Government Code was made to the
5 owner or owners of record.
6 The County Counsel of this county is hereby AUTHORIZED and EMPOWERED:
7 To acquire in the County's name, by condemnation, the titles, easements and rights of
8 way hereinafter described in and to said real property or interest(s) therein, in accordance with
9 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
10 California.
11 a Parcels 1,3,4,5,6,7,12,16,17,18,19,27,30,37,3$,39,47,55,56,5$,and 61 are to be acquired
12 in fee title.
13 Parcels 2,8.13,14,15,20,21,22,23,24,25,28,29,31,32,33,40,42,43, 44, 46, 48, 49, 51,
14 52,53,54,57, and 59 are to be acquired as permanent easements.
15 Parcels 9, 10, 11, 26, 34, 35, 36, 41,45, 50, 60, and 62 are to be acquired as temporary
16 easements.
17 To prepare and prosecute in the County's name such proceedings in the proper court as
18 are necessary for such acquisition;
19 To deposit the probable amount of compensation based on an appraisal, and to apply to
20 said court for an order permitting the County to take immediate possession and use said real
21 property for said public uses and purposes.
22 PASSED and ADOPTED on February 23, 1999, by the following vote:
23 AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER,AND CANCIAMILLA
24 NOES: NONE
25 ABSENT; NONE
ABSTAIN: NONE
26 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
27 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra
28
RESOLUTION OF NECESSITY 2
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I Costa County, California, at a meeting of said Board of Supervisors of Contra Costa County,
2 California, at a meeting of said Board on the date indicated above.
3 Date:
4
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1 hereby certify that this is a true and correct copy of an action taken
6 and entered on the minutes of the Board of Supervisors on the date
shown.
ATTESTED: Lsr—'-
Phil Batchelor,Cle&of the Board-
8 of Supervisors and County Administrator
9 Deputy
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Orig. Dept: Public Works Department (R/P)
13 Contact: Karen A. Laws (313-2228)
Auditor-Controller
14 County Counsel (Certified copy)
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27 ',i:\DFo-rl\13R]EFS\SLA\WGAP-RN.WPD
28 1 RESOLUTION OF NECESSITY 3
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APPENDIX " Ay'
PARCEL 1 (56458-1) FEE
Beginning at the intersection of the west line of said C.S. Land Inc. parcel and the
southerly line of State Route 4 as described in the Acceptance of Deed for highway
Purposes to Contra Costa County, recorded April 5, 1920 in Road Book Volume 4 at
page 200, records of said County; thence South 67051'40' East, 280.387 meters to a
curve concave southwesterly, having a radius of 248.609 meters thence easterly and
southeasterly along the arc of said curve, through a central angle of 14018'44", an arc
distance of 62.101 meters; thence North 661144'52" West, 52.003 meters; thence North
71136'31" West, 52.750 meters; thence North 740 41' 44" West, 175.778 meters; thence
South 32039`54" West, 89.669 meters, to said west line; thence North 10 08'43" East,
129.674 meters to the Point of Beginning.
Containing an area of 8,699 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 2 (56456-2) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto upon, over and across that
certain real property described as follows:
Beginning at the most easterly corner of the hereinabove described PARCEL 1 (56458-
1) said point also being on southwesterly line of State Route 4; thence leaving said
Point of Beginning along the southwesterly line of said PARCEL 1 forth 6604452„
West, 18.097 meters; thence South 47058`27" East, 100.398 meters; thence South
63050'36" East, 164.901 meters; thence South 54002'19" East, 46.737 meters to the
easterly line of Said C.S. Lend Inc. parcel; thence along said line North 1016'59" East,
11.088 meters to the southwesterly line of said State Route 4; thence along said line the
following courses:
Along the arc of a non-tangent curve having a radius of 212.205 meters concave
southwesterly, a radial to which bears North 38029136" East, having a central angle of
1220'12", an arc distance of 45.691 meters, North 63050'36" West, 121.846 meters,
Along the arc of a curve having a radius of 224.396 meters, concave northeasterly, a
central angle of 1501915", an arc distance of 60.003 meters, South 42001'33" West,
1.885 meters, North 47058'27" West, 35.610 meters, and Along the arc of a curve
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having a radius of 248.609 meters, concave southwesterly a central angle of 5034'24",
an arc distance of 24.183 meters to the Point of Beginning
Containing an area of 2,249.7 square meters more or less.
PARCEL 3 (56457-1) EEE
Commencing at the most northerly corner of the parcel of land described in the Final
Order of Condemnation, State of California vs. Claeys, recorded April 24, 1934 in Book
11756 at Page 440 records of said County; thence along the northeasterly line of said
parcel, South 10141'40" East, 31.297 meters to the Point of Beginning for the herein
described parcel; thence North 8905955" East, 38.733 meters; thence South 1012,31"
East, 15.060 meters; thence South 80036'22`° East, 29.965 meters; thence South
79029"47" East, 141.722 meters to the northerly line of State Route 4, also being the
beginning of a non-tangent curve concave to the south having a radius of 298.687
meters, a radial to said curve bears North 4047'36" East; thence along the arc of said
curve through a central angle of 51,36'32", an arc distance of 29.239 meters; thence
continuing along the northerly line of State Route 4, South 89°11'04"West, 169.918
meters to the northeasterly line of said State of California parcel (11756 O.R. 440);
thence along said line North 10041'40"West, 47.959 meters to the Point of Beginning.
Containing an area of 4,236 square meters more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 4 (56457-2) FEE
Beginning at the intersection of the east line of said C.S. Land Inc. parcel (Series No.
98-133024), with the northerly line of State Route 4 as described in the Acceptance of
Deed for Highway Purposes to Contra Costa County, recorded April 5, 1920 in Road
Book Volume 4 at page 200, all records of said County; thence along said east line
North 1008'43" East 44.907 meters; thence leaving said line South 70'21'37" West
25.853 meters; thence North 84005'06" West, 53.187 meters; thence North 81008'55"
West, 71.619 meters to northeasterly line of State Route 4, being a non-tangent curve
concave to the southwest having a radius of 298.687 meters, a radial to said curve
bears North 8050"52" East; thence easterly along the arc of said curve through a central
angle of 141112'31'9, an are distance of 74.074 meters; thence continuing along said
State Route 4, South 66°5637" East, 82.693 meters to the Point of Beginning.
Containing an area of 2,001 square meters, more or less.
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This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 5 (56457-3) FEE
Beginning at the intersection of the northerly line of the parcel of land described in the
Final Order of Condemnation, State of California vs. Claeys, recordedApril 24, 1984 in
Book 11756 at Page 440 with the southwesterly line of said C.S. Land Inc. parcel,
(Series No. 98133024) all records of Contra Costa County, said southwesterly line also
being the northeasterly line of the Burlington Northern & Santa Fe Railroad; thence
North 30°26'51" West 25.594 meters to the Point of Beginning; thence continuing along
said line North 30°26'51" West, 18.381 meters, thence North 67°33'14" West, 14.399
meters; thence North 86'44'59" East, 78.979 meters; thence North 88027'12" East,
64.213 meters; thence North 49029'42" East, 113.377 meters; thence North 57052'49"
East, 65.394 meters; thence North 64°16'17" East, 135.823 meters; thence South
76020'48" East, 31.570 meters; thence South 28°06'17" East, 94.751 meters; thence
South 300716" West, 24.743 meters; thence North 76050'20" West, 33.820 meters;
thence North 8"11'28" West, 43.206 meters; thence North 27046'57'° West, 33.248
meters; thence North 7403429" West, 28.346 meters; thence South 53"43'11" West,
87.495 meters; thence South 56°03'03" West, 62.850 meters; thence South 62039'24"
West; 139.648 meters; thence South 79'34'44" West, 87.636 meters; thence South
8905917"West, 43.536 meters to the Point of Beginning.
Containing an area of 16,088 square meters, more or less.
PARCEL 6 (5645704) FEE
Beginning at the northerly terminus of the line described as "North 1008'43" East 44.907
meters" in the hereinabove described PARCEL 3 (56457-2) said point being on the east
line of said C.S. Land Inc. parcel (Series No. 98-133024); thence along the
northwesterly of said PARCEL 3 (56457-2), South 70'21'37" West, 25.853 meters;
thence North 8405'06" West, 53.187 meters; thence North 77'31'40" West, 105.225
meters; thence North 68017'05" West, 28.748 meters; thence North 5805533" West,
89.375 meters; thence North 63°27'02" West 11.114 meters; thence North 40 31'13"
West, 39.763 meters; thence North 30051'17'° West, 20.755 meters; thence North
60018'43" East, 10.173 meters; thence North 4031113" West, 53.202 meters to the
southerly line of the hereinabove described PARCEL 2 (56457-10); thence along said
line the following courses. forth 85028'47" East, 64.336 meters, thence North 89°59'549➢
East 10.362 meters to a curve concave southwesterly having a radius of 219.699
meters; thence along the arc of said curve through a central angle of 23050'08", an arc
distance of 91.397 meters; thence South 66'09'59" East, 95.711 meters to a curve
concave northeasterly having a radius of 210.300 meters; thence along the arc of said
curve through a central angle of 15'22'57", an arc distance of 56.460 meters to the east
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line of said C.S. Lend Inc. parcel; thence along said east line South 1008'43" West,
128.820 meters to the Paint of Beginning.
Containing an area of 46,639 square meters, more or less.
PARCEL 7 (56457-5) FEE
Beginning at the northerly terminus of the line described as "North 4° 31'13'° West,
9.959 meters" in the hereinabove described PARCEL 5 (56457-4); thence South
77056'27" West 44.478 meters to the easterly line of the hereinabove described
PARCEL 2 (56457-10); thence along said line, North 4015'18" West, 18.043 meters;
thence North 60018'43" East, 38.453 meters to the southwesterly line of said PARCEL
5; thence along said line South 30051'17" East, 20.755 meters and South 4031'13" East,
9.959 meters to the Point of Beginning.
Containing an area of 1,016 square meters, more or less.
PARCEL 8 (56457-6) INGRESS/EGRESS EASEMENT
An easement for Ingress and Egress purposes upon, over and across that certain real
property described as follows:
Commencing at the most northerly corner of the parcel of land described in the Final
Carder of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book
11756 at Page 440 records of said County; thence South 79018'20" West 2.862 meters
to the Point of Beginning for the herein described parcel; thence continuing along said
line South 79018'20" West, 11.341 meters; thence north 3012'44" East, 12.831 meters;
thence North 57043'25" East, 9.834 meters; thence North 3012'29" East, 14.348 meters;
thence North 78027'52" West, 8.437 meters; thence along the easterly line of the
following described PARCEL 12 (56457-8) North 3007'16" East 112.446 meters; thence
North 89009'52" East, 25.944 meters; thence South 87013'46" East, 74.890 meters;
thence North 5103532" East, 15.189 meters; thence South 87013'49" East, 13.948
meters; thence South 0100'00" East, 13.037 meters to the northerly line of the above
described PARCEL 2 (56457-10); thence along said northerly line North 87013'47':
West, 100.736 meters and South 891113'22" West 17.003 meters; thence South
29044'52" West, 13.563 meters to the Westerly line of said PARCEL 2 (56457-10);
thence along said line South 3007'16" West, 70.178 meters; thence South 12055'46"
East, 30.107 meters; thence South 3112'28" West, 30.226 meters to the Point of
Beginning.
Containing an area of 1,277 square meters, more or less.
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PARCEL 9 (56457-7) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire december 31, 2002, upon,
over and across that certain real property described as follows:
Beginning at the southwesterly terminus of the line described as "North 60118'43" East,
38.453 meters" in the hereinabove described PARCEL 6 (56457-5); thence North
41,15'18" West, 10.305 meters; thence North 284521" West, 12.661 meters; thence
North 60021'41" East, 27.874 meters; thence South 301151'17" East, 20.575 meters to
the northerly line of said PARCEL 6; thence along said northerly line South 60018'43"
West 38.453 meters to the Point of Beginning.
Containing an area of 684 square meters, more or less.
PARCEL 10 (56457-8) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire December 31, 2002, upon,
over and across that certain real property described as follows
Commencing at the intersection of the northerly line of the parcel of land described in
the Final Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984
in Book 11756 at Page 440 with the southwesterly line of said C.S. Land Inc. parcel,
(Series No. 98-133024) all records of Contra Costa County, said southwesterly line also
being the northeasterly line of the Burlington Northern & Santa Fe Railroad; thence
along said northeasterly line North 30026'27" West 43.925 meters; thence North
67833'17" West,14.399 meters to the northerly line of the hereinabove described
PARCEL 4 (56457-3) said point also being the Point of Beginning for the herein
described parcel; thence North 23843'35" East, 3.366 meters; thence North 86844'59"
East, 77.452 meters; thence North 88827'07" East, 63.241 meters; thence North
49029'43" East, 112.536 meters; thence North 57052'49" East, 65.781 meters; thence
North 64016'17 East, 137.065 meters; thence North 82049'56 East, 81.983 meters to
the northerly line of the hereinabove described PARCEL 10 (56457-6); thence along
the west line of said PARCEL 10, South 3007'16" West, 104.584 meters to the northerly
line of said PARCEL 4 (56457-3); thence along said northerly line, North 28006'17"
West, 94.751 meters, North 768213'48" West, 31.570 meters, South 64016'17" West,
135.823 meters, South 57052'49" West,65.394 meters, South 49829'42" West, 113.377
meters, South 88827'12" West, 64.213 meters, and South 86844'59" West, 78.979
meters to the Point of Beginning
Containing an area of 4,577 square meters, more or less.
PARCEL 11 (56457-9) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire December 31, 2002, upon,
over and across that certain real property described as follows
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Beginning at the intersection of the northerly Cine of the parcel of land described in the
Final Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in
Beak 11756 at Page 440 with the southwesterly line of said C.S. Land Inc. parcel,
(series no. 98-133024) all records of Contra Costa County, said southwesterly line also
being the northeasterly line of the Burlington Northern & Santa Fe Railroad; thence
along said northeasterly line North 3026'27" West 25.542 meters to the southwesterly
line of the hereinabove described PARCEL 3 (56457-3); thence along said line the
following courses; North 89'59'17" East, 43.536 meters, North 7903444" East, 87.636
meters, North 62039'24" East, 139.648 meters, North 56003'03'° East, 62.850 meters;
North 530 43'11" East, 87.495 meters, South 74034'29" East, 28.346 meters, South
27046'57" East, 33.248 meters, South 8011'28" East, 43.206 meters and South
7650'20" East, 36.889 meters to the westerly line of the hereinabove described
PARCEL 2 (56457-10); thence along said line South 3007"16" West, 16.291 meters to
the,northwesterly line of said State Route 4 parcel (11756 O.R. 440); thence along said
line northwesterly line South 79018'20" West, 34.194 meters; thence North 8011'28"
West, 73.587 meters; thence North 2704657" West, 31.432 meters; thence North
74034'29" West, 25.594 meters; thence South 53043'11" West, 86.102 meters; thence
South 56003'03" West, 63.084 meters; thence South 62039`24" West, 1403.734 meters;
thence South 1004248" East, 12.417 meters to said northwesterly line of said State
Route 4 parcel (11756 O.R. 440); thence along said line South 79018'20" West, 121.776
meters to the point of beginning.
Containing an area of 4,178 square meters, more or less.
PARCEL 12 (56457-10) FEE
Beginning at the most northerly corner of the parcel of land described in the Final Order
of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756
at Page 440 records of said County; thence along the northwesterly line of said parcel,
South 79018'203" West, 11.386 meters; thence North 3007`16" East, 143.083 meters;
thence North 89013'22° East, 23.096 meters; thence South 87013'47" East, 111.638
meters; thence North 89°59'53" East, 23.789 meters; to a curve concave southeasterly
having a radius of 2403.299 meters; thence easterly along the arc of said curve through a
central angle of 23°503'08" an arc distance of 99.967 meters; thence South 66009'59"
East, 95.711 meters to a curve concave northeasterly having a radius 189.700 meters;
thence southeasterly along the arc of said curve through a central angle of 14035'02",
an arc distance of 48.286 meters to the east line of said C.S. Land Inc. parcel (series
no. 98-133024); thence along said line South 10 08'43" West, 20.787 meters to a non-
tangent curve concave northeasterly having a radius of 210.300 meters, a radial to said
curve bears South 9024'07" West; thence northwesterly along the arc of said curve
through a central angle of 15022"57", an arc distance of 56.460 meters; thence North
66109'59" West 95.711 meters to a curve concave southwesterly having a radius of
219.699 meters; thence northwesterly and westerly along the arc of said curve through
a central angle of 23050'08" an arc distance of 91.397 meters; thence South 89059"54"
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West, 10.362 meters; thence South 85028'47" West, 92.417 meters to a curve concave
southeasterly having a radius of 13.505 meters; thence southwesterly along the arc of
said carve through a central angle of 90000'00", an arc distance of 21.206 meters;
thence South 1'28'30" East, 37.474 meters; thence South 2045'21" East,12.661 meters;
thence South 4°15'18" East, 28.348 meters; thence South 2°38'18" East, 21,334
meters; thence South 0024'28" West, 24.334 meters to the northerly line of the
hereinabove described PARCEL 1 (56457-1); thence along said line South 89059'55„
West, 38.783 meters to the northeasterly line of said State of California parcel (11756
O.R. 440); thence along said line North 10041'40" West, 31.297 meters to the Point of
Beginning
Containing an area of 16,181 square meters, more or less.
PARCEL 13 (56457-12) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto upon ,over and across that
certain real property described as follows:
A strip of land 6.096 meters in width, measured at right angles, lying easterly of the
following described line:
Commencing at the northwesterly terminus of the line described as "'South 801,36'22"
East, 29.965 meters" in the hereinabove described PARCEL 1 (56457-1); thence along
said line as "South 80036'22" East, 7.974 meters to the Point of beginning for the herein
described strip; thence North 6031'37" East, 157.298 meters to the northeasterly
terminus of the herein described line.
The sideline of said 6.096 meters in width strip shall be shortened or lengthened to from
the southerly line of the hereinabove described PARCEL 2 (56457-10) to the
northeasterly line of the hereinabove described PARCEL 1 (56457-1)
Containing an area of 963 square meters, more or less.
PARCEL 14 (56457-13) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto upon, over and across that
certain real property described as follows:
Commencing at the most northerly corner of the parcel of land described in the Final
Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book
11756 at Page 440 records of said County; thence along the northwesterly line of said
parcel, South 79018'20" West, 11,386 meters to the westerly line of the hereinabove
described PARCEL 2 (56457-10); thence along said westerly line North 3007'16" East,
18.279 meters to the Point of Beginning for the herein described parol; thence along
the northwesterly line of the easement to Pacific Gas & Electric recorded April 25, 1968
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in Book 5510 of Official Records at page 517, records of said County, South 781100'59"
West, 12.627 meters; thence North 3015'15" East, 35.665 meters; thence North
89045'24" East, 12.212 meters to the westerly line of said PARCEL 2 (56457-10);
thence along said line South 31115'16" West, 34.091 meters to the Point of Beginning
Containing an area of 431.3 square meters more or less.
PARCEL 15 (56457-14) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto upon, over and across that
certain real property described as follows:
Beginning at the most southerly terminus of the line described above as "South 2145'21
East, 12.661 meters" in the hereinabove described PARCEL 2 (56457-10); thence
continuing along the easterly line of said PARCEL 2, South 41115'18" East, 0.414
meters; thence along the northwesterly line of the easement to Federal Engineering
Company, recorded April 2, 1930 in Book 227 of Official Records at page 197 records of
said County; thence South 89045'24"West, 13.911 meters to the easterly line of said
PARCEL 2 (56457-10); thence along said line South 2045'21" East, 7.235 meters to the
Point of Beginning
Containing an area of 53.2 square meters more or less.
PARCEL 16 (56459-1) EEE
Beginning at the intersection of the east line of said C.S. Land Inc. parcel and the
southerly line of State Route 4 as described in the Acceptance of Deed for Highway
Purposes to Contra Costa County, recorded April 5, 1920 in Road Book Volume 4 at
page 200, records of said county; thence along the east line of said C.S. Land Inc.
parcel South 1008'43" West, 130.756 meters; thence leaving said east line South
32039'54" West,50.723 meters; thence North 57046'14'° West, 218.479 meters; thence
North 1034'35" West 74.509 meters; thence North 74045'18" West, 44.184 meters;
thence North 8202835" West, 77.068 meters; thence South 61131'37" West, 5.201
meters; thence South 891,59'55" West, 59.127 meters; thence North 518'25" West,
14.700 meters; thence North 86039'38" West, 47.567 meters to a non-tangent curve
concave southerly, having a radius 428.977 meters, a radial to said curve bears North
6049'36" West, said curve also being the southerly line of said State Route 4; thence
along said southerly line the following courses: easterly along the arc of said curve
through a central angle of 6000'40", an arc distance of 45.006 meters; thence North
89011'04" East, 202.817 meters to a curve concave southwesterly having a radius of
283.447 meters; thence along the are of said curve through a central angle of 23°52'19"
an arc distance of 118.096 meters; thence South 66056'37" East, 88.823 meters to the
Point of Beginning.
Containing an area of 38,522 square meters, more or less.
Page 8 of 34
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This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 17 (56459-2) FEE
Beginning at the northwesterly terminus of the line described as "North 60100'05" West,
55.235 meters" in the hereinabove described PARCEL 2 (56459-4); thence continuing
along said line North 60000'05" West, 80.820 meters to a curve concave southwesterly
having a radius of 178.500 meters; thence along the are of said curve through a central
angle of 2027'51", an arc distance of 7.677 meters; thence North 27032'04" East, 23.000
meters to a non-tangent curve concave southwesterly having a radius of 201.500
meters, a radial to said curve bears North 27032'04 East, thence southeasterly along
the arc of said curve through a central angle of 2027'51", an arc distance of 8.666
meters; thence South 60000'05" East, 6.335 meters to a curve concave northerly having
a radius of 18.000 meters; thence along the arc of said curve through a central angle of
90000'00", an arc distance of 28.274 meters; thence North 2915955" East, 18.441
meters, to a curve concave southwesterly having a radius of 18.000 meters; thence
along the arc of said curve, through a central angle of 130"2051", an arc distance of
40.950 meters to the southerly line of State Route 4; thence along said line North 79-
039'04" East, 79.729 meters to a non-tangent curve concave southeasterly, having a
radius of 50.000 meters, a radial to said curve bears North 46059'27" West; thence
along the arc of said curve through a central angle of 13000'39", an arc distance of
11.354 meters; thence South 29059'55" West, 73.675 meters to a curve concave
easterly, having a radius of 18.000 meters; thence along the arc of said curve, through a
central angle of 69°2211", an arc distance of 21.793 meters; thence non-tangent to said
curve, South 601100'05" East, 15.000 meters to northwesterly line of said PARCEL 2;
thence along said line South 29059'55" West, 23.000 meters to the Point of Beginning.
Containing an area of 5,131 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 18 (56459-3) FEE
Beginning at the southwesterly terminus of the line described as "North 27032'04" East,
23.000 meters" in the hereinabove described PARCEL 3 (56459-2); thence along a non-
tangent curve concave southwesterly having a radius of 178.500 meters a radial to said
curve bears North 2732.'04" East; thence northwesterly along the arc of said curve
through a central angle of 26044'03", an arc distance of 83.288 meters to a non-tangent
curve concave northwesterly having a radius of 67.052 meters, a radial to said curve
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burs South 27032'04" East; thence northeasterly along the arc of said curve through a
central angle of 32053'04", an arc distance of 38.484 meters to a non-tangent curve
concave southwesterly having a radius of 201.500 meters, a radial to said curve bears
North 9055'58" East; thence easterly along the arc of said curve through a central angle
of 17035'05", an arc distance of 61.903 meters to the northwesterly line of said PARCEL
3; thence along said line South 27032'04" West, 23.000 meters to the Point of
Beginnings.
Containing an area of 1,588 square meters more or less.
PARCEL 19 (56459-4) PEE
Beginning at the easterly terminus of the line described as "South 891,59'55" West,
59.127 meters" in the hereinabove described PARCEL 1 (56459-1); thence South
6031'37" West, 1658.789 meters; thence South 88040'34" West 88.974 meters to a curve
concave northeasterly having a radius of 1701.000 meters; thence southwesterly,
westerly and northwesterly along the arc of said curve, through a central angle of
31115921", an arc distance of 94.914 meters; thence North 64000'05" West, 55.235
meters; thence North 291159'55" East, 23.040 meters; thence South 601100'05" East
37.735 meters to a curve concave northeasterly having a radius of 188.500 meters;
thence along the are of said curve through a central angle of 30100'00", an arc distance
of 98.698 meters; thence North 895955" East, 55.043 meters to a curve concave
northwesterly having a radius of 7.000 meters; thence along the arc of said curve,
through a central angle of 95018'20", an are distance of 11.644 meters; thence North
5018'2.5" West, 137.637 meters to the southerly line of said PARCEL 1; thence along
said line North 89115955°' East, 59.127 meters to the Point of Beginning.
Containing an area of 12,165 square meters, more or less.
PARCEL 20 (56459-6) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Commencing at the southeasterly terminus of the line described as "South 60000'05"
East, 6.335 meters" in the hereinabove described PARCEL 3 (56459-2); thence North
60000`05" East, 4.894 meters to the Point of Beginning for the herein described parcel;
thence leaving said line North 5012'48" West, 42.776 meters to the southeasterly line of
State route 4; thence along said line South 79039'04" West, 6.121 meters; thence
South 5012'48" East, 38.034 meters to the northeasterly fine of said PARCEL 3 (56459-
2) being a non-tangent curve concave southwesterly, having a radius of 201.500 meters
a radial to said curve bears North 28018'15" East, thence along the arc of said curve
through a central angle of 1041'40", an arc distance of 5.959 meters; thence South
60°00'05" East, 1.441 meters to the Point of Beginning
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Containing an area of 246 square meters more or less.
PARCEL 21 (56459-7) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Commencing at the southerly terminus of the line described as "North 5018'25" West,
137.637 meters" in the hereinabove described PARCEL 2 (56459-4); thence along said
line North 5018'25" West, 13.042 meters to the Point of Beginning for the herein
described parcel; thence leaving said line South 89059'14" West, 146.501 meters to a
non-tangent curve concave northeasterly, having a radius of 188.500 meters, a radial to
said curve bears South 2711172'17" East; thence southeasterly along the arc of said curve
through a central angle of 2004'46", an arc distance of 6.841 meters; thence North
89659'14°" East 140.631 meters to the westerly line of said PARCEL 2 (56459-4); thence
along said line North 501825" East, 3.013 meters to the Point of Beginning.
Containing an area of 430 square meters more or less.
PARCEL 22 (56459-8) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Commencing at the southerly terminus of the line described as "South 631'37" West,
168.789 meters" in the hereinabove described PARCEL 2 (56459-4); thence along said
line North 6031'37" East, 40.905 meters to the Point of Beginning for the herein
described parcel; thence leaving said line North 89059'14" East, 8.324 meters; thence
North 621126'25" East, 66.714 meters; thence North 17007'39" East, 94.430 meters to
the southwesterly line of the hereinabove described PARCEL 1 (56459-1); thence along
said line North 74045'18"West, 3.002 meters; thence leaving said line South 17007'39"
West, 93.080 meters; thence South 6212625" West, 64.726 meters; thence South
89059'14" West, 7.245 meters to the easterly line of said PARCEL 2 (56459-4); thence
along said line South 6031'37" West, 3.020 meters, to the Point of Beginning.
Containing an area of 502 square meters more or less.
PARCEL 2 (56459-9) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
A strip of land 6.096 meters in width measured at right angles, lying easterly of and
immediately adjacent to the following described line:
Page 11 of 34
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Commencing at the southerly terminus of the line described as "South 6031'37" West,
168.789 meters" in the herein above described PARCEL 2 (56489-4) thence along said
line North 6031'37" East, 31.182 meters to the Point of Beginning for the herein
described line; thence continuing along said line, North 6031'37" East, 142.808 meters
to the northerly terminus of the herein described line
The sideline of said 6.096 meters in width strip shall be shortened or lengthened to
extend between a line that bears South 82028'35" East from the northerly terminus and
a line that bears North 87013'42" East from the southerly terminus of the above
described line.
Containing an area of 867 square meters more or less.
PARCEL 24 (56459-10) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Beginning at the southerly terminus of the line described as "North 5°18'25" West,
137.637 meters" in the hereinabove described PARCEL 2 (56489-4); thence along said
line North 518'28" West, 4.946 meters; thence South 87013'43"West, 112.979 meters
to the northwesterly line of said PARCEL 2 (56489-4) being a non-tangent curve
concave northeasterly having a radius of 188.500 meters, a radial to said curve bears
South 15047'16" West; thence along the arc of said curve through a central angle of
7010'39", an are distance of 23.613 meters; thence North 87113'43" East, 90.357 meters
to the westerly line of said PARCEL 2 (56459-4) being a non-tangent curve concave
northwesterly, having a radius of 7.00 meters, a radial to said curve bears South
85050'25" East; thence alone the arc of said curve, through a central angle of 9028'01',
an arc distance of 1.187 meters to the Point of Beginning.
Containing an area of 626 square meters more or less.
PARCEL 25 (57099-1) UTILITY'EASEMENT
An easement for Utility purposes and incidents thereto upon, over and across that
certain real property described as follows;
Commencing at the northeasterly corner of said Parcel "A" said point also being on the
northerly line of State Route 4; thence along the east line of Parcel "A," (41 PM 42),
South 81150'21" West, 5.128 meters to the Point of Beginning; thence continuing along
said east line South 8115021" West, 24.115 meters; thence North 70010'24" West 9.730
meters; thence North 19049'36" East, 15.000 meters; thence North 46°42'11® West,
22.788 meters to the northerly line of State Route 4; thence alone said line South
80138'36"East, 17.911 meters to the Point of Beginning.
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Containing an area of 313.5 square meters, more or less.
PARCEL 26 (57099-2) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire December 31, 2002 upon,
over and across that certain real property described as follows:
Beginning at the southeasterly terminus of the line shown as "North 45049' West,
332.61", on the above described map (41 PM 42), the bearing and distance of South
44055'36" East, 101.373 meters being used for purpose of this description, said point
being the beginning of a curve concave northeasterly, having a radius of 297.163
meters; thence along the arc of said curve through a central angle of 11°31'00", an arc
distance of 59.731 meters; thence leaving said line North 83045'03"West, 29.274
meters; thence forth 53056'29" West, 9.276 meters; thence North 8007'24" West,
30.655 meters to the Point of Beginning
Containing an area of 499.8 square meters, more or less.
These bearings and distances used in the above descriptions are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPCN). Multiply distances
shown by 1.000068 to obtain ground distances.
TOSCO CORPORATION
PARCEL 27 (56445-1) PEE
Beginning at the intersection of the west line of said Tosco parcel and the northerly line
of State Route 4 as described, in State Director's Deed No. DD-0300014-01-02 from the
State of California to Collier Carbon & Chemical Corporation recorded March 30, 1973
in Book 6902 at page 53, Official Records of said County; thence from the Point of
Beginning along the west line of said Tosco parcel North 1008'43" East, 42.828 meters;
thence North 70021'37" East, 6.725 meters; thence South 80103'40° East, 162.857
meters; thence South 34031'16" East, 82.558 meters; thence South 67052'07" East,
51.055 meters; thence South 65030'06" East, 40.184 meters; thence South 63113631':
East, 29.809 meters; thence South 61033'18" East, 33.447 meters; thence South
60004'41" East, 34.879 meters; thence South 57054'48° East, 44.777 meters; thence
South 55044'55" East, 81.245 meters; thence South 58055'43" East, 188.217 meters;
thence South 64041'28" East, 170.770 meters; thence South 65017'02" East, 52.250
meters; thence South 151156113" East, 20.026 meters; thence South 62020'15" East,
50.045 meters to the northwest line of the parcel of land described in the deed to
Howard Dirk & Roger G. Gilmore, a general partnership, recorded January 19, 1989 in
Book 14838 at page 668 Official Records of said County; thence along said line South
51036'50" West, 85.434 meters to the northeasterly line of State Route 4 as described in
the deed to Contra Costa County recorded February 10, 1920 in Book 362 of Deeds at
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page 292, records of said County; thence along said northeasterly lino the following
courses:
Northwesterly along the arc of a non-tangent curve concave northeasterly, having a
radius of 284.971 meters, a radial to said curve hears South 140032'01" West, through a
central angle of 19131'23", an arc distance of 97.102 meters, North 56026'36" West,
56.595 meters to a curve concave northeasterly having a radius of 284.971 meters,
along the arc of said curve through a central angle of 11031'00", an arc distance of
57.280 meters, North 4405536" West, 101.373 meters to a curve concave
southwesterly having a radius of 224.396 meters, along the arc of said curve through a
central angle of 18155'00'°, an arc distance of 74.086 meters, North 63050'36" West,
121.846 meters to a curve concave northeasterly having a radius of 212.2035 meters,
along the are of said curve through a central angle of 16025'30", an arc distance of
60.833 meters, North 401120'10" West, 31.685 meters to a non-tangent curve concave
southwesterly having a radius of 266.896 meters, a radial to said curve bears South
421101'28" West, along the are of said curve through a central angle of 19053'08", an arc
distance of 92.631 meters, and North 6751'44" West 287.405 meters to the Point of
Beginning.
Containing an area of 57,960 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutters rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
Reserving, however, to the grantor, grantor's successors or assigns, the right of way
access through the opening to the freeway over and across the following described
lines:
Commencing at the northerly terminus of the line hereinabove described as "North
1008'43" East, 42.828 meters"; thence North 70021'37" East, 1.538 meters to the Point
of Beginning for the herein described lines; thence continuing North 70021'37" East,
5.187 meters; thence South 80003'40" East, 3.070 meters to the easterly terminus of the
herein described line.
PARCEL 28 (56445-4) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Commencing on the west line of said Tosco parcel (Series No. 94-189097) at the
northerly terminus of the line described as "North 1008'43" East, 42.828 meters" in the
hereinabove described PARCEL 1 (56445-1); thence continuing along said west line
North 10
08`43" East, 33.842 meters; thence North 80038'50" East, 9.600 meters to the
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Point of Beginning for the herein described parcel; thence North 1020'46" East, 15.641
meters; thence South 77°46'41" East, 8.026 meters; thence North 1106'42" East, 90.485
meters; thence North 78019'34" West 17.668 meters to the west line of said Tosca
parcel; thence along said west line North 1008'43" East, 6.200 meters; thence South
78019'34" East, 23.869 meters; thence South 1°08'42" West, 90.532 meters; thence
South 77"48'01" East, 139.577 meters; thence South 74000'58" East, 105.743 meters;
thence South 64,129'05" East, 143.389 meters; thence South 45014°18" East, 66.337
meters to the southwesterly line of the hereinabove described PARCEL 4 (56445-6);
thence along said southwesterly line; thence South 50030'04" East, 86.010* meters;
thence South 56009'08" East, 404.722 meters; thence South 6302808" East, 64.711
meters; thence South 67017'06" East, 52.390 meters to the southeasterly line of said
Tosco parcel; thence along said southeasterly line South 261,43'04" West 3.066 meters
and South 5113647" West 13.914 meters; thence North 67017'06" West, 45.958 meters
and North 63°28'08" West, 66.200 meters; thence North 561109'08" West, 406.444
meters; thence North 5030'04" West, 84.846 meters; thence North 45014'18" West,
66.505 meters; thence North 641129'05" West, 140.140 meters; thence North 74000'58"
West, 103.974 meters; thence North 771148'01" West, 133.323 meters; thence South
801,38'50" West, 17.045 meters to the Point of Beginning.
Containing an area of 16,987 square meters, more or less.
PARCEL. 2 (56445-5) INGRESSIEGRESS EASEMENT
An easement for Ingress and Egress purposes upon, over and across that certain real
property described as follows:
Commencing at the intersection of the west line of said Tosca parcel and the northerly
line of State Route 4 as described in State Director's Deed No. DD-000014-01402 from
the State of California to Collier Carbon & Chemical Corporation recorded March 30,
1973 in Book 6902 at page 53, Official Records of said County; thence along said line
North 1008'43" East, 177.114 meters to the Point of Beginning for the herein described
parcel, said point also being the beginning of a non-tangent curve concave northerly
having a radius of 204.540 meters, a radial to said curve bears South 7055'04" West;
thence easterly along the arc of said curve through a central angle of 4038'47", an arc
distance of 16.587 meters; thence South 88021'06" East, 3.116 meters to a non-tangent
curve concave southeasterly having a radius of 37.879 meters, a radial to said curve
bears North 30045'36" West; thence southeasterly along the arc of said curve through a
central angle of 57053'38", an arc distance of 38.275 meters; thence South 1020'46"
West, 66.819 meters to the northwesterly line of PARCEL 2 (56445-14); thence along
said northwesterly line North 80038'50" East, 8.019 meters; thence North 1020'46" East,
65.331 meters to a curve concave southeasterly having a radius of 30.000 meters;
thence along the arc of said curve through a central angle of 9501°1'57", an arc distance
of 49.846 meters; thence South 79032'08" East, 7.837 meters; thence South 78149'02"
East, 226.245 meters to a curve concave southwesterly having a radius of 20.00
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meters; thence along the arc of said curve through a central angle of 24049'17", an arc
distance of 8.664 meters; thence South 5305945:" East, 52.241 meters to a curve
concave northeasterly having a radius of 20.000 meters; thence along the arc of said
curve through a central angle of 32005'35", an arc distance of 11.203 meters; thence
South 86105'20" East, 81.943 meters; thence South 0000'00" East 1.881 meters; thence
North 901100'00" East, 10.000 meters; thence North 01100'00" East, 6.209 meters; thence
North 86005'20" West, 90.187 meters to a curve concave northeasterly having a radius
of 20.000 meters; thence along the arc of said curve through a central angle of
32110635", an arc distance of 11.203 meters; thence North 5305945°' West, 58.763
meters to a curve concave southwesterly having a radius of 20.00 meters; thence along
the arc of said curve through a central angle of 24049'17", an arc distance of 8.664
meters; thence North 78049'02" West, 221.106 meters to a curve concave southerly
having a radius of 253.340 meters; thence along the are of said curve through a central
angle of 75455", an arc distance of 34.998 meters to a reverse curve concave
northerly having a radius of 196.660 meters; thence along the are of said curve through
a central angle of 4055'22", an arc distance of 16.897 meters to the west line of said
Tosco parcel; thence along said west line South 1008'43" West, 7.938 meters to the
Point of Beginning.
Containing an area of 3,873 square meters more or less.
PARCEL 30 (564456) FEE
Beginning at the southerly terminus of the line described as "South 0000'00" East 1.881
meters" in the hereinabove described PARCEL 3 (56445-5); thence North 90000'00"
East, 121.528 meters, thence South 0°00'00" East, 79.598 meters; thence South
42130'59" East, 124.116 meters; thence South 31022'27" East, 159.938 meters; thence
North 63054'55" West, 204.767 meters to the northwesterly line of the ,following
described PARCEL 5 (56445-4); thence along said northwesterly line North 56009'08"
West 19.612 meters, North 50030'04" West 86.010 meters and North 4514'18" West,
31.135 meters; thence leaving said line, North 0000'00" East, 12.176 meters; thence
South 82059'55" East, 53.163 meters; thence North 0000'00" East, 17.413 meters;
thence North 71030'19" West, 55.640 meters; thence North 0100'00" East, 89.284
meters to the Point of Beginning.
Containing an area of 35,114 square meters, more or less.
PARCEL 31 (56445-7) INGRESS/EGRESS EASEMENT
An easement for Ingress and Egress purposes upon, over and across that certain real
property described as follows:
Commencing at the northwesterly terminus of the line described as "South 67017'06"
East, 52.390 meters" in the hereinabove described PARCEL 5 (56445-4); thence along
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said northwesterly line of PARCEL 5, North 63028'08" East, 42.525 meters to the Point
of Beginning; thence continuing along the northwesterly line of PARCEL 5, North
53028'03" West, 15.902 meters; thence North 35°20'43" West, 28.179 meters; thence
North 32053'37" West, 29.483 meters to a curve concave northeasterly having a radius
of 22.500 meters; thence along the are of said curve through a central angle of
27004'21" an arc distance of 10.631 meters to a reverse curve concave southwesterly
having a radius of 12.500 meters; thence along the arc of said curve through a central
angle of 55155'05" an arc distance of 12.203 meters; thence North 6104522" West,
64.048 meters to a curve concave southwesterly having a radius of 37.500 meters;
thence along the arc of said curve through a central angle of 2645'41" an arc distance
of 18.824 meters; thence South 89112857" West, 35.476 meters to said northwesterly
line of PARCEL 5; thence along said line, North 56009'08" West, 8.853 meters; thence
North 89028'57" East, 43.788 meters to a curve concave southwesterly having a radius
of 42.500 meters; thence along the arc of said curve through a central angle of
28045'41", an arc distance of 21.334 meters; thence South 61045'22" East, 64.048
meters to a curve concave southwesterly having a radius of 17.500 meters; thence
along the arc of said curve through a central angle of 55c,56'06" an arc distance of
17.084 meters to a reverse curve concave northeasterly having a radius of 17.500
meters; thence along the arc of said curve through a central angle of 27°04'21"an arc
distance of 8.269 meters; thence South 205638" East, 29.958 meters; thence South
35c20'33" East, 27.570 meters to a curve concave northeasterly having a radius of
40.000 meters; thence along the arc of said curve through a central angle of 20031'23",
an arc distance of 14.328 meters to the point of Beginning.
Containing an area of 1,058 square meters more or less.
PARCEL 32 (56445-8) SLOPE EASEMENT
An easement for Maintenance of Slopes and incidents thereto upon, over and across
that certain real property described as follows:
Beginning at the northeasterly terminus of the line described as "South 26043'04" West,
3.066 meters" in the hereinabove described PARCEL 5 (56445-4) said line also being
the southeasterly line of said Tosco parcel (Series No. 94-189097); thence along said
southeasterly line North 2643'04" East, 17.896 meters, thence North 45005'14" West,
54.617 meters; thence forth 82003'23" West, 61.480 meters; thence North 3643'13"
West, 67.797 meters; thence North 46030'19" West, 56.108 meters; thence North
82044'08" West, 43.662 meters, thence South 85014'29" West, 51.536 meters to the
northeasterly line of the hereinabove described PARCEL 5 (56445-4); thence along said
northeasterly line South 56009'08" East, 25.030 meters; thence North 89025'56" East,
28.756 meters; thence South 82002'48" East, 12.322 meters; thence South 60049'48"
East, 68.879 meters; thence South 24006`33" East, 20.065 meters; thence South
34055'12" East, 45.853 meters to said northeasterly line of PARCEL 5 (564454);
thence along said northeasterly line South 56009'08" East, 5.870 meters, South
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63028'08" East, 64.711 meters, and South 67017'06" East, 52.390 meters to the Point of
Beginning.
EXCEPTING THEREFROM all of the above described PARCEL 6 (56445-7)
Containing an area of 6,164 square meters, more or less.
PARCEL 33 (56445-9) SLOPE EASEMENT
An easement for Maintenance of Slopes and incidents thereto upon, over and across
that certain real property described as follows:
Beginning at the at the southeasterly terminus of the line described as "South 63028'08"
East, 66.200 meters" in the hereinabove described PARCEL 5 (56445-4); thence along
the southwesterly line of said PARCEL 5, South 67017'06" East, 28.005 meters; thence
South 71005'00" West, 9.191 meters, thence North 771,19'48" West, 24.618 meters;
thence forth 44133'07" West, 32.645 meters to the southwesterly line of PARCEL 5;
thence along said southwesterly line South 63028'08" East, 33.288 meters to the Point
of Beginning.
Containing an area of 381 square meters, more or less.
PARCEL 34 (56445-10) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire December 31, 2002, upon,
over and across that certain real property described as follows:
Commencing at the intersection of southeasterly line of said Tosco parcel and the
northerly line of State Route 4 as described in deed to Contra Costa County recorded
February 10, 1920 in book 362 of deeds at page 292, Official records of said County,
thence along said southeasterly line North 51'036'50" East, 85.434 meters to the Point of
Beginning of the herein described parcel; thence North 62°20'15'° West, 50.045 meters
and North 15056'10" West, 20.026 meters; thence South 64016'35" East, 71.412 meters
to the southeast line of said Tosco parcel; thence along said line South 51036'50" West,
18.513 meters to the Point of Beginning.
Containing an area of 958 square meters, more or less.
PARCEL 3 (56445-11) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire December 31, 2002, upon,
over and across that certain real property described as follows:
Beginning at the easterly terminus of the line described as "South 86105'20" East,
81.943 meters" in the hereinabove described PARCEL 3 (56445-5); thence along the
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westerly line of the hereinabove described PAROLS 3 (56445-5) and 5 (56445-6)
South 000'00" East, 82.191 meters; thence North 86005'20" West, 81.943 meters;
thence North 01,00'00" West, 82.191 meters to the southerly fine of said PARCEL; 3;
thence along said southerly fine South 86005'20" East, 81.943 meters to the Point of
Beginning.
Containing an area of 6,719 square meters, more or less.
PARCEL 36 (56445-12) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire December 31, 2002, upon,
over and across that certain real property described as follows
Commencing at the point described as the "Point of Beginning„ in the hereinabove
described PARCEL 1 (564451); thence along the westerly line of said Tosco parcel
North 1008'43" East, 143,749 meters to the Point of Beginning for the herein described
parcel; thence continuing along said westerly line North 1008'43" East, 48.686 meters,
thence South 78019'34" East, 53.021 meters; thence South 11°40'25" West, 11.865
meters; thence North 78019'34" West, 10.656 meters; thence South '551,02'21" West,
31.081 meters; thence South 1008'43" West, 10.964 meters; thence North 88051'17"
West, 14.372 meters to the Point of Beginning.
Containing an area of 1,412 square meters, more or less.
PARCEL. 37 (56445-14) FEE
Beginning at the intersection of the northwesterly line of the hereinabove described
PARCEL 1 (56445-1) and the westerly line said Tosco parcel (Series No. 94-189097);
thence continuing along said westerly line North 1008'43" East, 33.842 meters to the
southerly line of the following described PARCEL 5 (564454); thence along said
southerly line, North 80038'50" East, 26.645 meters and South 77048'01" East, 70.044
meters; thence South 14013'20" West, 36.266 meters to the northeasterly line of said
PARCEL. 1 (564451); thence along said northeasterly line North 80003'40" West,
81.408 meters and South 7021'37" West, 6.725 meters to the Point of beginning.
Containing an area of 3,388 square meters, more or less.
These bearings and distances used in the above descriptions are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000068 to obtain ground distances.
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ASBURY GRAPHITE INC.
PARCEL. 38 (56450-1) EEE
Beginning at the intersection of the northwesterly line of said parcel (12122 O.R. 926)
with the northeasterly line of State Route 4 as described in the deed to Contra Costa
County recorded February 10, 1920 in Book 362 of Deeds at page 292, records of said
County; thence along said northwesterly line North 521,16'39" East, 82.967 meters;
thence South 671143'15" East, 11.045 meters; thence South 621,56'41" East, 39.527
meters; thence South 70°13'08" East, 27.448 meters; thence North 89 °56'52" East,
28.361 meters; thence North 211151'47" East, 32.515 meters; thence South 51048'35"
East, 36.369 meters; thence South 46042'10" East, 49.160 meters; thence South
50032'41" East, 26.024 meters; thence South 741,38'13" East, 142.574 meters to the
southeasterly line of said parcel (12122 O.R. 926); thence along said line South
28054'22" West, 67.400 meters; thence North 70050'10" West 33.689 meters; thence
North 8401951" West, 119.242 meters; thence North 741148'09" West, 57.711 meters;
thence South 58012'43" East, 80.028 meters to a curve concave to the northeast having
a radius of 789.435 meters; thence along the arc of said curve through a central angle
of 7018'33", an arc distance of 100.707 meters; thence South 68027'29" East, 18.427
meters to the southeasterly line of said parcel (12122 O.R. 926); thence along said line
South 2805422" West, 11.929 meters to the northeasterly line of StateRoute 4; thence
along said northeasterly line the following courses: North 64145'09" West, 30.925
meters to a curve concave northeasterly having a radius of 430.501 meters, a central
angle of 6020'33", an arc distance of 47.655 meters, North 58024'36" West, 252.338
meters to a curve concave southwesterly having a radius of 224.394 meters; a central
angle of 12025'27", an arc distance 48.658 meters to the Point of Beginning.
Containing an area of 33,152 square meters, more or less.
This conveyance is made for the purpose of a freeway and grantor hereby releases and
relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
Reserving however to the grantor, grantor's successors or assigns, the right of way
access through the opening to the freeway over and across the following described line.-
Beginning
ine:Beginning at the westerly terminus of the line described above as "South 68027'29"
East, 18.427 meters" thence along said line South 68°2729" East, 10.000 meters to the
easterly terminus of the herein described line.
PARCEL 39 (56450-2) EEE
Commencing at the intersection of the northwesterly line of said parcel (12122 O.R.
926) with the northeasterly line of State Route 4 as described in the deed to Contra
Costa County recorded February 10, 1,920 in Book 362 of Deeds at page 292, records
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of said County; thence along said northwesterly line North 52016'39" East, 82.967
meters to the Point of Beginning for the herein described parcel; thence continuing
North 5216'39" East, 48.406 meters; thence South 3743'21" East, 7.620 meters to the
northeasterly lime of the parcel described in the deed to Pacific Telephone and
Telegraph Company, recorded October 23, 1946, in Book 957 at Page 453 records of
said County; thence along said line South 521,16'39" West, 12.876 meters; thence South
37043'21" East, 6.096 meters; thence South 281152'25" West, 10.378 meters; thence
South 2020'09" East, 17.223 meters; thence North 62056'41" West, 24.665 meters;
thence North 67043'15" West, 11.045 meters to the Point of Beginning.
Containing an area of 741 square meters more or less.
This conveyance is made for the purpose of a freeway and the granter hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
Reserving, however to the grantor, grantor's successors or assigns, the right of way
access through the opening to the freeway over and across the following described
lines:
Commencing at the northerly terminus of the line hereinabove described as "North
1008'43" East, 48.406 meters'; thence South 37°43'21" East, 7.620 meters to the
northeasterly line of the parcel described in the deed to Pacific Telephone and
Telegraph Company, recorded October 23, 1546, in Book 957 at Page 453 records of
said County; thence along said line South 52016'39" West, 12.876 meters; thence South
37°43'21" East, 6.096 meters to the southeasterly terminus of the herein described line.
PARCEL 40 (56450-3) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Beginning at the northeasterly terminus of the line described as" North 52°16'39" East,
82.967 meters" in the above described PARCEL 1 (564501) said line also being the
northwesterly line of said parcel (12122 O.R. 926); thence continuing along said
northwesterly line North 52016'39" East, 17.597 meters; thence South 62056'41" East,
42.081 meters; thence South 70013'08" East, 39.616 meters; thence South 110 27'41"
West, 9.857 meters to the northerly line of the hereinabove described PARCEL 1
(56450-1); thence along said northerly line the following courses: South 89056'52" West,
15.465 meters, North 70013'08" West, 27.448 meters, North 6256'41" West, 39.527
meters and North 67143'15" West, 11.045 meters to the Point of Beginning.
Containing an area of 1,274 square meters, more or less.
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PARCEL 41 (56450=4) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction Purposes to expire december 31, 2002
upon, over and across that certain real property described as follows:
Commencing at the intersection of the northwesterly line of said parcel (12122 O.R.
926) with the northeasterly line of State Route 4 as described in the deed to Contra
Costa County recorded February 10, 1920 in Book 362 of heeds at page 292, records
of said County; thence alone said northwesterly line North 52016'39" East, 131.373
meters to the Point of Beginning for the herein described parcels thence continuing
along said northwesterly line North 52016'39" East, 13.750 meters; thence South
37043'21" East, 7.620 meters to the northeasterly line of the parcel described in the
deed to Pacific Telephone and Telegraph Company, recorded October 23, 1946, in
Bonk 957 at page 453 records of said County; thence along said line South 5216'39"
West, 13.750 meters; thence North 37043'21" West, 7.620 meters to the Point of
Beginning.
Containing an area 105 square meters, more or less.
PARCEL 42 (56450-5) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Beginning at the intersection of the southeasterly line of said parcel (12122 O.R. 926)
with the northeasterly line of said State Route 4; thence along said southeasterly line
North 285422" East, 16.550 meters to the Point of Beginning for the ',herein described
parcel; thence North 65018'05" West, 57.991 meters; thence North '59005'04" West,
123.117 meters to the southwesterly line of the hereinabove described PARCEL 1
(564501); thence along said line South 74048'09" East. 22.503 meters; thence South
59105'04" East, 101.125 meters; thence South 65018'03" East, 58.1038 meters to the
southeasterly line of said parcel (12122 O.R. 926); thence along said line South
28054'22" West, 6.112 meters to the Point of Beginning.
Containing an area of 1,037 square meters, more or less.
PARCEL 43 (56450-6) LEACH FIELD EASEMENT
An easement for Leach field purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Beginning at the southeasterly terminus of the line described as "North 7005010" West
33.680 meters" in the hereinabove described PARCEL 1 (564501) said point also being
on the southeasterly line of said parcel (12122 Q.R. 926); thence along said line South
28154`22°' West, 21.289 meters; thence North 5900504" West, 64.292 meters to the
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southwesterly lino of said PARCEL 1; thence along said line South 841,19'51" East,
33.800 meters and South 70050'10" East, 33.680 meters to the Point of Beginning.
Containing an area of 817 square meters, more or less.
PARCEL 44 (56450-7) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Beginning at the southeasterly terminus of the line described as "line South 74048'09,°
East. 22.503 meters" in the hereinabove described PARCEL 4 (561450-5); thence
continuing South 74048'09" East. 11.704 meters; thence South 591,05'04" East, 53.335
meters; thence South 30000'00" East, 6.172 meters to northeasterly line of said
PARCEL 4 (56450-5); thence alone said northeasterly line North 59005'04" West,
69.388 meters to the Point of Beginning.
Containing an area of 184 square meters, more or less.
PARCEL 45 (56450-8) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction Purposes to expire December 31, 2002
upon, over and across that certain real property described as follows:
Beginning at the northeasterly terminus of the line described as "South 2815422" West,
11.929 meters" in the hereinabove described PARCEL 1 (56450-1) said line also being
the southeasterly line of said parcel (12122 O.R. 926); thence continuing along said
southeasterly line North 28054'22" East, 45.436 meters to the southwesterly line of said
PARCEL 5 (56450-6); thence along said line North 59005'04" West 64.292 meters;
thence North 8401951" West, 85.442 meters; thence forth 74048'09" West 57.711
meters to the northwesterly line of said PARCEL 1 (56450-1); thence along said line the
following courses: South 58012'43" East 80.028 meters to a curve concave
northeasterly, having a radius of 789.435 meters; thence along the are of said curve
through a central angle of 7018'33", an arc distance of 100.707 meters; thence South
68°27'29" East 18.427 meters to the Point of Beginning.
Containing an area 6,385 square meters, more or less.
PARCEL 46 (55450-9) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Beginning at the most southerly corner of the parcel of land described in the deed to
Pacific Telephone and Telegraph Company (P.T.&T.), recorded October 23, 1946, in
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Beak 957 at Page 453 records of said County; thence along the southwesterly line of
said P.T.&T. parcel North 3704321" West, 24.382 meters; thence along the
southeasterly line of the hereinabove described PARCEL 2 (56450-2) South 28052'25„
West, 10.378 meters to the northeasterly line of the hereinabove described PARCEL 3
(56450-3); thence along said line South 62056'31" East, 22.387 meters to the Point of
Beginning.
Containing an area of 116 square meters, more or less.
These bearings and distances used in the above- descriptions are on the California
Coordinate System of 1983 (CCS83) Zane 111 (1991.35 HPCN). Multiply distances
shown by 1.000068 to obtain ground distances.
YELLOW EREIGHT LANES
PARCEL 47 (56451-1) FEE
Beginning at the most northerly corner said Parcel A (125 PM 9); thence along the
northeasterly line of said Parcel A, South 7204525" East, 168.546 meters to the
northeasterly corner of said parcel; thence along the southeasterly line of said parcel,
South 1404421" West, 39.851 meters; thence North 78023'20" West, 20.366 meters;
thence North 45014'29" West, 17.544 meters; thence North 61141'18" East, 11.905
meters; thence North 74003'59" West, 100.723 meters; thence South 25021'28" West,
7.973 meters; thence South 351137'38" West, 7.688 meters; thence North 73016'42"
West; 26.039 meters; thence North 70050'09" West, 10.131 meters to the northwesterly
line of said Parcel A; thence along said line North 28054`22" East, 40.221 meters to the
Point of Beginning.
Containing an area of 5,163 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 48 (56451-2) DRAINAGE EASEMENT
An easement for Drainage Purposes and incidents thereto upon, over and across that
certain real property described as follows:
A strip of land 4.000 meters in width, measured at right angles and radially lying
southeasterly, easterly and northeasterly of the fallowing described line:
Commencing at a point on the northwesterly line of said Parcel A (125 PM 9) which
bears South 28054'22" West, 40.221 meters from the most northerly corner; thence
South 7050'09" East, 10.131 meters; thence South 73°16'42" East, 11.114 meters to
the Point of Beginning for the herein described line, said point also being the beginning
Page 24 of 34
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of a non-tangent curve concave to the southeast, having a radius of 23.000 meters, a
radial to which curve gears North 35053'07" West; thence southwesterly along the arc of
said curve through a central angle of 3605721", an arc distance of 14.835 meters;
thence South 17004'32" West, 23.452 meters to a curve concave to the east having a
radius of 27.000 meters; thence southerly and southwesterly along the are of said curve
through a central angle of 46c44'51", an arc distance of 22.029 meters; thence South
29114020" East, 20.182 meters to a curve concave to the southwest having a radius of
9.000 meters; thence southerly along the arc of said curve through a central angle of
30004'00", an arc distance of 4.723 meters; thence South 002337" West, 1.349 meters
to the northerly line of State Route 4, being the southerly terminus of the herein
described line.
The side line of said 4.000 meters in width strip shall be shortened or lengthened to
terminate between a line that bears South 73016'42" East from the Paint of Beginning
and the northerly line of State Route 4.
Containing an area of 350 square meters more or less.
PARCEL 49 (56451-3) DRAINAGE EASEMENT
An easement for Drainage Purposes and incidents thereto upon, over and across that
certain real property described as follows:
A strip of land 4.000 meters in width (measured at right angles and radially) lying
easterly and southeasterly of the following described line:
Commencing at a point on the southeasterly line of said Parcel A (125 PM 9) which
bears South 1404421" West, 39.851 meters from the most easterly corner of said
Parcel A; thence forth 78023'20" West 10.614 meters to the Point of Beginning for the
herein described line; thence South 630'26" West, 40.147 meters; thence South
16026'44" West, 23.787 meters to the northerly line of State Route 4, the southerly
terminus the herein described line.
The side line of said 4.000 meters in width strip shall be shortened or lengthened to
extend from a line that bears South 78023'20" East from the Point of Beginning to the
northerly line of State Route 4
Containing an area of 256 square meters, more or less.
PARCEL 50 (56451-4) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction Purposes to expire December 31, 2002 upon,
over and across that certain real property described as follows:
A strip of land 2.750 meters in width measured at right angles and radially lying
northeasterly of the following described line
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Beginning at the intersection of the northwesterly line of said Parcel A (125 PM 9) with
the northeasterly line of State Route 4; thence alone said northwesterly line of Mate
Route 4 the following courses; South 64145'09" East, 21.431 meters to a curve concave
to the northeast, having a radius of 275.626 meters, a central angle of 10132600", an arc
distance of 50.227 meters and South 75011'09" East, 13.319 meters to the
southeasterly terminus of the herein described line.
The side line of said 2.750 meters in width strip shall be shortened or lengthened to
extend from the northwesterly line of said Parcel A to a line that bears North 141,48'51"
East from said southeasterly terminus.
Containing an area of 233 square meters, more or less.
PAROL. 51 (56451-5) SLOPE EASEMENT
An easement for Slope Maintenance purposes and incidents thereto upon, over and
across that certain real property described as follows:
Beginning at the southeasterly terminus of the line described as " North 70150'09" West,
10.131 meters" in the hereinabove described PARCEL 1 (56451-1,); thence South
38020'59" East, 23.000 meters; thence North 451,19'45" East, 15.000 meters to the
southeasterly line of said PARCEL 1; thence along said line North 73'16'42" West,
26.039 meters to the Point of beginning.
Containing an area 171 square meters, more or less.
PARCEL 52 (56451-6) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto upon, over and across that
certain real property described as follows:
Commencing at the intersection of the northwesterly line of said Parcel A (125 PM 9)
with the northeasterly line of State Route 4; thence along said line North 28°5422" East,
13.500 meters to the Point of Beginning for the herein described parcel; thence South
6518'03 East, 16.855 meters; thence South 69°57'52" East, 57.791 meters; thence
South 73011'52" East, 17.978 meters; thence South 7044'52" West, 12.857 meters to
the northeasterly line of State Route 4; thence along said northeasterly line the following
courses: North 75011'09" West, 6.143 meters, North 71,44'52° East, 6.897 meters, North
73011'07" West, 12.949 meters, North 69°57'52" West, 58.211 meters, and North
65017'58" West, 17.551 meters to said northwesterly line of said Parol A (125 PM 9);
thence along said line North 28054'22" East, 6.112 meters to the Point of Beginning
Containing an area of 613 square meters more or less.
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PARCEL 53 (56451-7) UTILITY EASEMENT
An easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows;
Beginning at the most southerly corner of said Parcel A (125 PM 9) said point also
being on the northeasterly line State Route 4; thence along said northeasterly line the
following courses: North 75011`09" West, 46.232 meters, South 14048"51" West, 0.510
meters and North 75°11'09" West, 44.744 meters; thence leaving said State Route 4,
North 14°45'14" East, 5.610 meters; thence South 75014'48" East, 90.983 meters to the
southeasterly line of said Parcel A; thence along said line South 14°48'51" West, 5.096
meters to the Point of beginning
Containing an area of 578 square meters more or less.
PARCEL 54 (5645108) MAINTENANCE EASEMENT
An easement for maintenance purposes and incidents thereto, upon, over and across
that certain real property describers as follows.
A strip of land 2.000 meters in width (measured at right angles) lying southwesterly of
the line described as "North 74003'59" West, 100.723 meters" in the above described
PARCEL_ 1(56451-1).
The side line of said 2.000 meters in width strip shall be shortened or lengthened to
extend from a line that bears South 25021'28" West from the northwesterly terminus to a
line that bears South 541'18" West from the southeasterly terminus of the above
described line.
Containing an area 202 square meters, more or less.
'hese bearings and distances used in the above descriptions are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000068 to obtain ground distances.
HALLISSY
PARCEL 55 (56453-1) FEE
Beginning at the intersection of the northwesterly line of State Route 4 as described in
the deed recorded July 24, 1942 in Boar 677 at Page 38 Official Records of said
County, with the west line of said Hallissy parcel (17735 O.R. 777); thence along said
west line North 1020'01" East, 81.954 meters; thence South 50042'32" East, 24.065
meters; thence North 57°27'20" East, 68.922 meters to the east line of said Hallissy
parcel (17735 O.R. 777); thence North 70042'22" East, 67.068 meters; thence North
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64000'00" East, 140.805 meters to the northeasterly line of the parcel described as
Parcel 1A" as described in the Final Order of Condemnation No. 80302, recorded
December 22, 1065 in Book 5019 at page 584 Official records of said County; thence
along said northeasterly line South 57114'13" East, 46.928 meters to the northwesterly
line of State Route 4; thence along said northwesterly line South 61 033'36" West,
281.353 meters, and South 6405855" West, 66.826 meters to the Point of Beginning.
Containing an area of 16,009 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL. 56 (56455-1) FEE
Beginning at the intersection of the northwesterly line of State route 4 as described in
the deed recorded July 24, 1942 in Book 677 at Page 38 Official Records of said
County, with the southwesterly line of the parol of land described in "Distribution to
Trust C", shown as real property item III in said Trustees Gleed (17002 O.R. 786), also
being the northeasterly line of that parcel of land described in the deed to the Burlington
Northern Santa Fe Railroad (B.N.S.F.R.R.) formerly the Atchison, Topeka and Santa Fe
(ATSF) Railway Company recorded November 10, 1944 in Volume 792 at Page 205
Official Records of said County; thence along said southwesterly line North 6052'05"
West, 111.932 meters; thence North 8503338" East, 70.385 meters; thence North
22020'02" East, 177.1.98 meters; thence North 84027'43" East, 40.703 meters; thence
South 51038'15" East, 172.079 meters; thence North 68114029" East, 222.330 meters;
thence North 4500'25" East, 127.329 meters; thence North 6704942" East, 87.497
meters; thence South 50042`32" East, 25.441 meters to the west line of that parcel of
land described as the exception from Parcels One and Two in said Trustees' Deed
(17002 O.R. 786); thence along said west line South 1020'01" West, 81.954 meters to
an intersection with the northwesterly line of State Route 4; thence along said
northwesterly line of State Route 4, South 6405855" West, 358.413 meters, and South
75016'32" West, 296.079 meters to the Point of Beginning.
Containing an area of 70,118 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
Reagrving, however to the grantor, grantor's successors or assigns, the right of way
access through the opening to the freeway over and across the following described line:
Commencing at the southwesterly terminus of the line hereinabove described as "South
85033'38" West, 70.385 meters"; thence North 8503338" East, 13.470 meters to the
Page 28 of 34
ID.i
2-23»93
Point of Beginning for the herein described line; thence continuing North 85138'88" East,
10.000 meters to the northeasterly terminus of the herein described line.
Also Reserving, however to the grantor, grantor's successors or assigns, the right of
way access through the opening to the freeway over and across the following described
line:
Commencing at the northeasterly terminus of the line hereinabove described as "North
68040'29" East, 222.830 meters"; thence South 68040'29" West, 58.598 meters to the
Point of Beginning for the herein described line; thence continuingSouth 68040`29"
West, 10.000 meters to the southwesterly terminus of the herein described line.
PARCEL 57 (56455-5) UTILITY EASEMENT
An' easement for Utility purposes and incidents thereto, upon, over and across that
certain real property described as follows:
Commencing at the southeasterly terminus of the line described as "South 51038'15"
East, 172.079 meters" in the hereinabove described PARCEL 1 (56455-1); thence North
68040'29" East, 81.563 meters to the Point of Beginning for the herein described parcel;
thence North 505642" West, 80.723 meters; thence North 84003'10" East, 4.000
meters; thence South 5156'42" East, 79.623 meters to the northwesterly line of
hereinabove described PARCEL (56455-1); thence along said line South 68040'29„
West, 4.149 meters to the Point of Beginning.
Containing an area of 321 square meters more or less.
PARCEL 58 (56456-1) FEE
Commencing at the southwest corner of the parcel of land as described in the
Distribution to Trust C, shown as real property item €V in said Trustees Deed (17002
O.R. 786); thence along the west line of said Hallissy Parcel North 11,23'32" East 76.955
meters to Point of Beginning for the herein described parcel; thence continuing along
said west line North 112332" East, 105.417 meters to the southerly line of the
Burlington Northern Railroad right of way, also being the beginning of a non-tangent
curve concave southerly having a radius of 567.064 meters, a radial to said curve bears
North 4046'47" West; thence along the arc of said curve through a central angle of
0002'05" an arc distance of 0.343 meters to a curve concave southerly having a radius
of 484.042 meters; thence along the arc of said curve through a central angle of
1003'00", an arc distance of 8.870 meters to a curve concave southerly having a radius
of 421.846 meters; thence along the arc of said curve through a central angle of
16004'15", an arc distance of 118.324 meters to a curve concave southerly having a
radius of 484.042 meters; thence along the arc of said curve through a central angle of
1003'00" an arc distance of 8.870 meters to a curve concave southwesterly having a
Page 29 of 34
D,d
2-.23-49
radius of 567.064 meters; thong along the arc of said curve through a central angle of
0°54'00" an arc distance of 8.903 meters to a curve concave southwesterly having a
radius of 688.889 meters; thence along the arc of said curve through a central angle of
01,45'00" an arc distance of 8.945 meters to a curve concave southwesterly having a
radius of 857.958 meters; thence along the arc of said curve through a central angle of
00 36'00" an arc distance of 8.985 meters to a curve concave southwesterly having a
radius of 1,148.959 meters; thence along the arc of said curve through a central angle
of 0027'00" an arc distance of 9.024 meters to a curve concave southwesterly having a
radius of 1,731.031 meters; thence along the arc of said curve through a central angle
of 0018'00" an arc distance of 9.963 meters to a curve concave southwesterly having a
radius of 3,477.289 meters; thence along the arc of said curve through a central angle
of 009'00" an arc distance of 9.104 meters; thence South 73025'27" East, 279.300
meters to a curve concave southwesterly having a radius of 3,492.534 meters; thence
along the arc of said curve through a central angle of 0009'00" an arc distance of 9.143
meters; to a curve concave southwesterly having a radius of 1,746.282 meters; thence
along the arc of said curve through a central angle of 01,18'00" an arc distance of 9.144
meters to a curve concave southwesterly having a radius 1,164.207 meters; thence
along the arc of said curve through a central angle of 0027'00" an arc distance of 9.144
meters to a curve concave southwesterly having a radius of 873.173 meters; thence
along the arc of said curve through a central angle of 00 36'00" an arc distance of 9.144
meters to a curve concave southwesterly having a radius of 698.559 meters; thence
along the arc of said curve through a central angle of 0045'00" an arc distance of 9.144
meters; thence South 71006'47" East, 1.205 meters to the northwesterly line of State
Route 4 as described in instrument to the State of California recorded, July 24, 1942 in
Book 677 of official Records at page 38, records of said County; thence along said line
South 75016'32` West, 9.098 meters to a non-tangent curve concave southwesterly
having a radius of 693.559 meters, thence along the arc of said curve through a central
angle of 0013'23", an arc distance of 2.701 meters to a curve concave southwesterly
having a radius of 868.173 meters; thence along the arc of said curve through a central
angle of 036'00", an are distance of 9.091 meters to a curve concave southwesterly
having a radius of 1159.207 meters; thence along the arc of said curve through a
central angle of 0027'00", an arc distance of 9.104 meters to a curve concave
southwesterly having a radius of 1,741.282 meters; thence along the arc of said curve
through a central angle of 0018'00", an arc distance of 9.117 meters to curve concave
southwesterly having a radius of 3,487.534 meters; thence along the arc of said curve
through a central angle of 0009'00", an arc distance of 9.130 meters; thence North
7325'27" West, 47.34.9 meters to a curve concave northerly, having a radius of
1231.600 meters, a radial to said curve bears South 0036'33" East; thence along the arc
of said curve through a central angle of 1038'06" an arc distance of 35.148 meters;
thence North 88058'27" West, 67.885 meters; thence South 1002'09" West 12.787
meters; thence South 49045'26" West, 20.168 meters; thence North 88058'26" West,
8.572 meters; thence North 8350'30" West, 100.605 meters; thence 'North 88050'29"
West, 183.746 meters to the Point of Beginning.
Page 30 of 34
D.I
2-i3-99
Containing an area of 30,285 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutter's rights of access, appurtenant to
grantor's remaining property, in and to said freeway.
PARCEL 59 (56456-2) DRAINAGE EASEMENT
An easement for Drainage purposes and incidents thereto upon, over and across that
certain real property described as follows:
A strip of land 4.000 meters in width measured at right angles lying easterly of the
following described line:
Commencing at the Point of Beginning for the above described PARCEL 1 (56456-1);
thence along the southerly line of said parcel, South 8854'29" East, 100.792 meters to
the Point of Beginning for the herein described line; thence South 6014'58" West,
73.648 meters to the northerly line of the above described PARCEL 2 (56456-4) also
being the southerly terminus of the herein described line.
The sideline of said 4.000 meter strip shall be shortened or lengthened to extend from
the southerly line of the above described PARCEL 1 (56456-1) to the northerly line of
the above described PARCEL 2 (56456-4)
Containing an area of 295 square meters, more or less.
PARCEL 60 (56456-3) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire December 31, 2002 upon,
over and across that certain real property described as follows:
A strip of land 7.444 meters in width measured at right angles lying easterly of the
following described line:
Commencing at the westerly terminus of the line described as "North 68058'27" West,
67.885 meters" in the above described PARCEL 1 (56456-1); thence along said line
33.700 meters to the Point of Beginning for the herein described line; thence South
1'01'33" West, 54.721 meters to the northwesterly line of State Route 4 also being the
southerly terminus of the herein described line.
The sideline of said 7.000 meter strip shall be shortened or lengthened to extend from
the southerly line of the above described PARCEL 1 (56456-1) to the northwesterly line
of State Route 4.
Containing an area of 379 square meters more or less.
Page 31 of 34
t
2-23-99
PARCEL 61 (56456-4) EEE
Beginning at the southwest corner of the parcel of land as described in the distribution
to Trust C, shown as real property item 11/ in said Trustees Deed (17002 O.R. 786);
thence along the west line of said Nallissy Parcel North 1123'32" East, 10.180 meters;
thence leaving said line South 84052'53" East, 157.881 meters to a curve concave
northwesterly having a radius 263.000 meters; thence along the arc of said curve
through a central angle of 24001'09", an are distance of 110.253 meters; thence North
71015'12" East, 65.324 meters; thence North 78052'19", 14.742 meters; thence South
8036'42" East, 8.133 meters to the northwesterly fine of State Route 4; thence along
said line South 7103227" West, 79.921 meters to a curve concave northwesterly having
as radius of 280.397 meters, along the arc of said curve through a central angle of
23036'24°" an arc distance of 115.527 meters and North 84051'09" West, 154.608 meters
to the Point of Beginning. Containing an area of 3,466 square meters, more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases
and relinquishes to the grantee any and all abutters rights of access, appurtenant to
grantors remaining property, in and to said freeway.
Reserving, however to the grantor, grantors successors or assigns, the right of way
access through the opening to the freeway over and across the following described line:
Commencing at the westerly terminus of the line described as "South 84052'53" East,
157.881 meters" in the hereinabove described PARCEL 2 (56456=4); thence along said
line South 845253" East, 5.000 meters to the Point of Beginning for the herein
described line; thence continuing South 841,5253" East, 10.000 meters to the easterly
terminus of the herein described line.
Also Reserving, however to the grantor, grantor's successors or assigns, the right of
way access through the opening to the freeway over and across the following described
line:
Beginning at a paint that bears South 84052'53" West, 151.792 meters from the the
easterly terminus of the line described as "South 8405253" East, 157.881 meters" in the
hereinabove described PARCEL. 2 (564564); thence continuing along said line South
84052'53" East, 6.089 meters; thence along the arc of a curve concave northerly, having
a radius of 263.00 meters through a central angle of 01151'477", an arc distance of 3.911
meters to the easterly terminus of the herein described line.
PARCEL 62 (56456-6) TEMPORARY CONSTRUCTION EASEMENT
An easement for Temporary Construction purposes to expire December 31, 2002 upon.
over and across that certain real property described as follows:
Page 32 of 34
DA
2-23-99
Beginning at the northerly terminus of the line described as "North 1023'32" East,
13.180 meters" in the hereinabove described PARCEL 2 (56456-4) said line also being
the west line of said Hallissy parcel, thence continuing along said west line North
102332" East, 66.775 meters to the southerly line of the above described PARCEL 1
(56456-1); thence along said line Sou#h 88°50'29°' East, 100.702 meters to the westerly
line of the hereinabove described PARCEL 3 (56456-2); thence along said line South
61110'58" West, 73.608 meters to the northwesterly line of said PARCEL 2 (56456-4);
thence along said line North 845253" West, 94.844 meters to the Point of Beginning.
Containing an area of 6,855 square meters more or less.
These bearings and distances used in the above descriptions are on the California
Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances
shown by 1.000068 to obtain ground distances.
G:tGrpDatalRealProplSR4GAPIAPPENCEX-Gap2-LEGALS.doc
Page 33 of 34
r
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: Fpbruary 4, 1999
TO: Board of Supervisors
FROM: J. Michael Wa€ford. Public Works Director
SUBJECT: Report Re: State Route 4 West Gap P �ect, Hercules Area
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition
by eminent domain of real property in the Hercules/Rodeo area for the construction of the
State Route 4 Gap project, and set Tuesday, February 9, 1599 at 9:00 a.m. as the date
and time affected owners may appear and be heard as to matters specified by law under
C.C.P. Section 1245.235 as set forth below.
Upon recommendation of County Counsel, the following report is made for the Board's
information and consideration prior to taking action upon said hearing.
1. Proposed Project: The Contra Costa Transportation Authority intends to construct
highway improvements along State Route 4 between I-80/SR 4',Interchange east
to the Cummings Skyway Interchange. These highway improvements are
considered to be Phase 1 of an ultimate 4 lane freeway construction project within
the same limits and will, in general, construct 2 new lanes north of the existing two
lane highway. The new westbound lane construction will provide a straighter, flatter
alignment with standard shoulders improving safety conditions. Improvements to
the existing facility (which will be utilized as an eastbound roadway) will provide
auxiliary lanes between Asbury Graphite and the Christie Underpass and shoulder
improvements through most of the corridor.
In order to proceed with the project, it is necessary for the County to exercise its
power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil
Procedure, notice was given to the following persons whose names and addresses
appear on the last equalized County Assessment Roll:
Yellow Freight Systems, Inc. Annie L. Fernandez
Attn: M.A. Russell c/o Susan Wilson
P.O. Box 7270 2559 Fraser Court
Shawnee fissions, KS 66207 Pinole, CA 94564
Loma J. Hallissy, TRE Asbury Graphite Inc. of California
Daniel M. Hallissy, TRE Attn: Richard Cameron
P.O. Box 517 2855 Franklin Canyon Road
Crockett, CA 94525 Rodeo, CA 94572
Tosco Corporation C.S. Land, Inc.
c/o R.S. Dutton c/o R.S. mutton
P.O. Box 52085 DC-48 P.O. Box 52085 DC-48
Phoenix, AZ 85072-2085 Phoenix, AZ 85072-2085
David R. Claeys, TRE
Cynthia L. Claeys, TRE
P.O. Box 1177
Kenwood, CA 95452
This notice consisted of sending by first-class and certified mail on Januyary 22, 1999, a
Notice of Intention which notified these owners that a hearing is scheduled for Tuesday
February 9, 1999, at 9:00 a.m. in the Board's Chambers, at which time they may appear
to be heard on the matters referred to in the notice.
H. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require therroogosed project.
The purposes of the proposed project are to:
• Improve safety along the Gap Segment of State Route4 where accident
fatality rates are as much as 1.5 times the expected Statewide average
for facilities of this type.
• Alleviate existing and projected future traffic congestion on State Route 4.
• Close an existing gap in the regional freeway network by improving the
"Gap" section of State Route 4 to meet the standards of the remaining
parts of the highway, which has been identified by Caltrans as a "primary
east-west corridor for interregional travel in Contra Costa County." State
Route 4 is one of only three east-west links between the urbanized Bay
Area and the Central Valley.
B. The_prolect is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury.
The alignment for the project was adopted through a long public process that
reviewed several alternatives and numerous iterations of those alternatives.
The highway/freeway alignment being constructed was selected because it
met important planning criteria including being the least Environmentally
damaging practicable alternative (LEDPA), minimizing the number of
displacements, providing access to all parcels in the corridor and providing
superior long-term traffic operations in comparison with ether alternatives.
C. The grro.perty souoht to be acquired is necessary for the project.
The properties sought for the project are required to construct the project as
defined in the EIS/EIR that received the Record of Decision in November
1998. The Preferred Alignment was required to demonstrate that it was the
LEDPA. Resource Agencies concurred that the preferred alignment was the
LEDPA, therefore relocation of the project to another location within the
corridor would result in greater environmental impacts (potentially including
wetlands, and endangered plant and animal species) and would not be
allowed.
D. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
111. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the three
items specified in Section 11 above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under 11 A, B and C
above, adopt a Resolution of Necessity to acquire the required property by
eminent domain and direct the Board Clerk to file a copy of this report.
KAL:gpp
G:\GrpData\RealProp\SR4GAP\CO20A.doc
(Form updated 2110/97)
cc; County Administrator's Office
County Counsel
Real Property
Board Clerk v If approved by the Board, please file a copy of this report in your records.
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A Law Corporation
Asian CeFraga Gregory D.R ueb
7homas A.'Watrous Stephen K.B aer
::aures A.Pezzagiia
Tirnotry J,Ryan George R.Gordon
Peter D.Langley (1910-1993)
Richard S.P-uno February 3, 1999ailirg Andress:
Bruce C. Pa:zengi;i P.O.fox 630
art-nez,CA 94553
Phil Batchelor, Clerk
Board of Supervisors
CONTRA COSTA COUNTY
651 Fine Street
Martinez, CA 94553
RE: Notice of Intent to Appear Before the Board of Supervisors
Dear Mr. Batchelor:
Pursuant to California Code Civil Procedure § 1245.235 (b) (3), this letter
represents Tosco Corporation and C.S. Land, Inc.'s Notice of Intent to appear February
9, 1999 before the Contra Costa County Board of Supervisors
This notice serves to reserve the right by Tosco Corporation and C.S. Land to
make comments to the Board regarding adoption of a Resolution of Necessity for the
acquisition of real property by eminent domain, for the State Route 4 West Gap
prof ect.
Should questions arise regarding this notice of intent,please do not hesitate to
contact me.
Very truly yours,
wal,
STEPHEN K. MILLER
cc: Daren Laws, Sr. Real Property Agent
Paul Maxwell Contra Costa County Transit Authority
Richard Norton, Esq.
611 I—as Juntas Street, R O. Box 630, Martinez, Calzfom;a 94553 , Telephone(925) 228-1400
Facsirnale(925) 228-3644
CONSIDER WITH
BERGER & NORTON
A LAW CORPORATION
Michael M.Berger 1620 26th Street,Suite 200 South TELEPHOlN; (310)449-1000
P-chard D.Norton Santa Monica,CA 90404-4040 FAX (310)449-5000
Ann E.Kelly
George M.Soneff
Edward G.Burg .,....,,-
Craig M.Collins RECEIVED
Pamela S.Schmidt
Steven A.Blurn
Jacqueline A.Axtell FEB 2
Kisu Shin
Sophie A.Castillo
CLERK BOARD 0 SUPERVISORS
CONTRA COSTA CQ.
Gideon Kanner
Of Counsel
HAND DELIVERED
.February 23, 1999
Joe Canciamilla,Chairman
Board of Supervisors
Contra.Costa County
651 Pine Street
Martinez,CA 94553
Re: Resolution of Necessity/State Route 4 West Gap Project
Dear Chairman Canciamilla:
We are eminent domain counsel to Tosco Corporation and its wholly-owned
subsidiary CS Land,Inc. (collectively CS Land). We are appearing before the
Board of Supervisors at its February 23, 1999 meeting in response to your Notice
of Intention to Adopt Resolution of Necessity.
Your Notice lists four items on which CS Land may be heard. We have
organized our concerns to address those numbered items.
1. Whether the Public Interest and Necessity Require the aoject
CS Land endorses the stated goals of the Route 4 West Gap Project(the Project):
to improve the safety of a dangerous highway segment that we understand has
claimed as many as 14 lives. In fact,these comments are aimed at eliminating
any dangerous or defective condition of the project and enhancing safety
improvements.
Joe Canciamilla
February 23, 1999
Page 2
We are concerned that the proposal before the Board, as designed and as phased,
does not meet its goals.
There has not been the minimal environmental review of the entire Project, as
required by the CEQA guidelines for the Project's reasonably foreseeable scope.
The Contra Costa'Transportation.Authority (OCTA), the City of Hercules,
CalTrans, and my client have all discussed in some detail the eventual
construction of a full interchange, including the westbound lanes. We believe
that the EIR gives inadequate attention to the project description by failing to
assess the environmental impacts of this full interchange. In this connection,we
invite your attention to Public Resources Code§§21065, 21083 and CEQA
Guidelines,§315002, 15130(b)(1)(A), 15378. The present EIR is an inadequate
information document to support this taking and damaging of CS Land's
property.
2. Whgth rrtthe PrQject Is Planned and Located in the Manner
that Would Be Mast CQmpatible with the Gr atest Public Good and
the Least Private Injurer
The County proposes to take from our client 78 acres in fee and/or permanent
easements. Of that amount, a substantial portion represents land being taken for
purposes not advancing highway safety. In point of fact,other agencies have
diverted this condemnation and the funding for the Route 4 Nest Gap Project to
meet their own agendas. Thus,land is being taken and funds are being diverted
to create habitat for flora and fauna (some of which have never been found on
the property),to restore long-ago eliminated or long-ago degraded wetlands,to
create oak tree corridors, and to create buffer zones so that litter discarded by
passing motorists lands on buffer areas adjacent to endangered species areas.
None of these is related to traffic safety. Their cumulative impact is to chop up
and isolate our client's property,creating a liability for severance damages which
should be avoidable.
Measure C funds are being diverted to those other purposes instead of being
used to build the north side (westbound) on and off ramp system.
Joe Canciamilla
February 23, 1999
Page 3
Moreover, the current project leaves CS Land with unusable remnants of
property. The project as designed violates the Eminent Domain Law, in
particular Code of Civil Procedure § 1240.410(c)which provides.
"(c) Property may not be acquired under this
section if the defendant [property owner] proves :hat
the public entity has a reasonable,practicable, and
economically sound means to prevent the property
from becoming a remnant."
CS Land has proposed to the OCTA a revised off ramp configuration for the
eastbound lanes, referred to as the "Middle Alignment." CCTA agrees the
Middle Alignment is reasonable and practicable and estimates it would cost
approximately$1,500,000. The Middle Alignment would spare CS Land from
being left with remnants of such size,shape, and condition as to be of little
market value. The OCTA proposal does nothing to address the north side access
on and off Route 4 from the westbound lanes.
3. Whether the Property Sought To Be Acquired Is Necess. r
for the project
A substantial portion of the acres to be taken in this Board's proposed Resolution
of Necessity has nothing to do with highway safety.
CS Land has become aware that people may wish to get the voter's approval to
broadest the uses to which Measure C funds may be legally devoted. However,
CS Land requests that this proposal be reviewed so that it is aimed at improved
highway safety,as required by Measure C,not as a vehicle for co-opting
Measure C funds for a host of other unrelated goals.
Joe Canciamilla
February 23, 1999
Page 4
4. Whether the Offer Required by Gov't Code Section 7267.2 Was Made
A purported offer for just compensation was made. In at least two major
respects the requirements of Gov't Code 3 7267.2 were violated.
First,we understand that staff directed the appraisers to apply a 90 percent
discount to what would otherwise have been the appraiser's opinions of the fair
market value of certain parts of Tosco's land. We know of no authority that
allows such a directive to replace the statutory and constitutional requirement
for an independent determination of fair market value.
Second, the position taken by OCTA violates Gov't Code 3 7267.5:
"In no event shall the public entity . . . take any other
action coercive in nature,in order to compel an
agreement on the price to be paid for the property."
When CS Land proposed the "Middle Alignment," CCTA took the position that
CS Land should advance the estimated $1,500,000 cost.
The idea of asking the condemnee to pay for required project mitigations is itself
egregious;but worse, it is our understanding that CCTA now refuses to proceed
with the "Middle Alignment" even if CS Land pays the $1.500.000,unless
CS Land also aereesto acopt the a i n nta' th 9 nt
is _nt. That is flatly illegal.
CS Land submits that the proposal as presently designed does not advance the
Project's stated goal adequately and runs afoul of the Eminent Domain Law and
CEQA. The Board should direct staff to:
» to design and submit a proper,permanent
north side on and off ramp system for the
westbound lanes;
to redo the proposed taking to focus on land
necessary to implement Measure C traffic safety
goals; and
b
t
Joe Canciamilla
February 23, 1999
Page 3
• to abandon any effort to tie construction of the
Middle Alignment (so that the project complies
with Code of Civil Procedure§ 1240.410(c)) to
Tosco's accepting OCTA offers of compensation
including the 90 percent discount for the parcels
taken (in violation of Government Code
§ 72675).
Thank you for your consideration.
Sincerel
Richard D. Morton
Berger & Norton