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MINUTES - 02252003 - C6-C8
THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 25, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE RESOLUTION NO. 20031 122 (Gov. Code § 25526.5) SUBJECT: ADOPT Resolution No. 2003/122 approving the conveyance of County interest in real property to the State of California in connection with the State Route 4/Willow Pass Grade Widening and Lowering Project Project No. 40160-6X4107 Pittsburg Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by Easement Deed on May 8, 2002, Series # 2002-0163084 in the Pittsburg area, described in Exhibit "A" attached hereto, for said project. This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to the State of California, pursuant to Government Code Section 25526..5, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute an Assignment of Easement on behalf of the County, in accordance with the terms and conditions of the Cooperative Agreement on file in the Public Works Department The Real Property Division is DIRECTED to cause said Assignment of Easement to be delivered to the grantee for acceptance and recording. RDB:eh #hereby certify that this is a true and correct G:kGrp£7Grp:\ atalReaEProp\20o3-dies\Sos&f2ES\Bft28 Sf24 Willow Pass 2.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the trig.Dept.: Public Works(RIP) date shown. Contact: Ronald Babst(343-2228) cc: Public Works Accounting ATTESTED: FEBRUARY 25, 2003 PublGrant Works Records JOHN SWEETEN,Clark of the Board of Grantee(via RIP) Supervisors and County Administrator Recorder(via R/P) p tY Community Development Dept Board Orders Senior Clerk,Adm. By 7ZE- a6�—a=- Deputy RESOLUTION NO. 2003/ 122 Number 57539 CONTRA COSTA COUNTY Dated FEBRUARY 25, 2003 By UA& Chair, Board of Supervisors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) On February 25, 2003 _ _before me, Fmelda L.Sharp ,a';Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Sup. Mark DeSaulnier who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executedthe instrument. By: Deputy dlerk (CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY, That the STATE OF CALIFORNIA, grantee herein, acting by and through the Department of Transportation hereby accepts the within Assignment of Easement from Contra Costa County, a political subdivision of the State of California, to the State of California, and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2003. JEFF MORALES Director of Transportation By R.A. MACPHERSON, Deputy District Director Right of Way, and G.1Grppata\ReafProp12003-Files\03-2'AKOtSR4 Mow Pass.doc Attorney in Fact 2119103 ..._. ......... ........ . ... . .. ..._.. .......................... ......... ......... ......... ............. ... _....._. ......... ......... .................. ................................................................................. EXHIBIT A 04-CC-4 PM 18.7 PARCEL 57539 PARCEL 2:(50860-8 ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-0163083-00,CONTRA COSTA COUNTY RECORDS,.DESCRIBED AS FOLLOWS: ' AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,INCLUDING MAINTENANCE OF THE DRAINAGE FACILITIES SHOWN ON ATTACHMENT 1,ATTACHED HERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 15,T.2.N.,R.1.'W.,M.D.B.&M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE WESTERLY LINE OF THE LANDS OF CULBERTSON,AS DESCRIBED IN THE DEED TO ALVERNAZ,RECORDED ON SEPTEMBER 30, 1923,IN BOOK 457 OF DEEDS AT PAGE 448,RECORDS OF SAID CONTRA COSTA COUNTY AT ITS INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 4 AS SHOWN ON THE RIGHT OF WAY RECORD MAPS FOR THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ROUTE 4 IN CONTRA COSTA COUNTY,DATED JULY 1974,AND GRANTER BY GEORGE W.ANDREWS AS PARCEL TWO BY DEED RECORDED FEBRUARY 9, 1950 IN BOOK.1504 AT PAGE 230,OFFICIAL RECORDS OF CONTRA COSTA COUNTY; THENCE ALONG SAID WESTERLY LINE(457 DEEDS 448)SOUTH 01°06'28"WEST 145.17 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.,INC. TO CONTRA COSTA COUNTY,RECORDED ON OCTOBER 13, 1993 IN BOOK.19039, AT PAGE 825 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50860-1,ALSO BEING A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED TO THE COUNTY OF CONTRA COSTA RECORDED MARCH 25, 1994 IN DOCUMENT NUMBER 94-083512 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50862-1;THENCE ALONG SAID RIGHT OF WAY LINE DESCRIBED IN SAID DEED(19039 OR 825 AND 94—0835 1 2)SOUTH 81°33'27"EAST 13.81 FEET SAID POINT BEING THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 06049'11"WEST 133.00 FEET;THENCE NORTH 83°10'49"WEST 95.00 FEET; THENCE NORTH 52013'16"WEST 242.49 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 4,AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.,INC.,TO CONTRA COSTA COUNTY, RECORDED ON OCTOBER 13, 1993 IN BOOK 19039,AT PAGE 825 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50860-1,SAID POINT ALSO BEING A POINT ON A 150.00 FEET RADIUS CURVE,CENTER BEARS SOUTH 18057'46"EAST;THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ALONG THE ARC OF A CURVE OF SAID 150.00 FEET RADIUS CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 27°24'19",AN ARC LENGTH OF 71.75 FEET TO A POINT OF TANGENCY;THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH 81°33'27"EAST 233.54 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 28,239 SQUARE FEET MORE OR LESS(0.648 ACRES) N:\WC0460\PMI3\Willow Pass\Seecon\Transferdocs\TransDoc PCL hand 2-5 57539.DOC 04-CC-4 PM 18.7 PARCEL 57539 PARCEL 3 :150860 91 ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-4163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON;OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 15,T2.N., R.I.W.,M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13, 1993 IN BOOK 19039,PAGE 825 OF OFFICAL COUNTY RECORDS OF CONTRA COSTA COUNTY, DESCRIBED AS PARCEL 1(50860-1)SAID POINT OF BEGINNING BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSES DESCRIBED AS NORTH 36029'24"WEST 301.74 FEET IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825);THENCE ALONG SAID SOUTHERLY LINE DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825) SOUTH 36°29'24"EAST 24.95 FEET;THENCE LEAVING SAID SOUTHERLY LINE NORTH 89°46'55"WEST 142.29 FEET;THENCE NORTH 0°13'05"EAST 20.00 FEET;THENCE SOUTH 89046'55"EAST 127.38 FEET TO THE POINT OF BEGINNING CONTAINING+J-2697 SQUARE FEET(0.062 ACRES) 04-CC-4 PM 18,7 PARCEL 57539 PARCEL 4 :-(50860---1 0) ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-0163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 16,T.2.N.,R.I.W.,M.D.B.&M.,MORE PARTICULARLY DES�RIBED AS FOLLOWS: N:\WC0460\PMI3\Willow Pass\Seecon\Transferdocs\TransDoc PCL band 2-5 57539.DOC BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13, 1993 IN BOOK 19039,PAGE 825 OF OFFICAL COUNTY RECORDS OF CONTRA COSTA COUNTY DESCRIBED AS PARCEL 1 (54860-1),SAID POINT OF BEGINNING BEING NORTH 74°58'27" WEST 49.13 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS NORTH 74058'27"WEST 173.55 FEET IN SAID FINAL ORDER OF CONDEMNATION(19439 OR 825);THENCE LEAVING SAID SOUTHERLY LINE SOUTH 84049'29"WEST 145.12 FEET;THENCE NORTH 28°14'20"EAST 23.96 FEET;THENCE NORTH 84049'29"EAST 77.56 FEET TO A POINT ON THE SOUTHERLY LINE AS DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825);THENCE ALONG SAID SOUTHERLY LINE SOUTH 74058'27"EAST 5792 FEET TO THE POINT OF BEGINNING CONTAINING+l-2226 SQUARE FEET(0.051 ACRES) 04-CC4 PM 18.7 PARCEL 57539 PARCEL 5(50860-11.): ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-0163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THE DEED TO SEECON FINANCIAL AND CONSTRUCTION COMPANY,INC.RECORDED AUGUST 22, 1989 IN BOOK.15282 AT PAGE 447 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY,STATE OF CALIFORNIA., DESCRIBED AS FOLLOWS: A NON—EXCLUSIVE FLOATING EASEMENT OVER A STRIP OF LAND,BEGINNING AT THE SOUTHERLY INTERSECTION OF HIGHWAY 4 AND WILLOW PASS ROAD,THENCE IN AN EASTERLY AND NORTHERLY DIRECTION TO THE EXISTING STORM DRAIN MANHOLE, LOCATED APPROXIMATELY AT STATION 526+78,295 FEET RIGHT,"BM"LINE,AS PER CALTRANS RIGHT OF WAY RECORD MAP R-X20Y5,THE LOCATION OF SAID FLOATING EASEMENT TO FOLLOW DRIVEWAYS OR ACCESS ROUTES ON SAID SEECON LANDS AS THEY MAY BE NOW LOCATED OR HEREAFTER RELOCATED IN THIS AREA FROM TIME TO TIME OR BY SUCH OTHER ROUTE MUTUALLY AGREEABLE BETWEEN THE PARTIES HERETO. NOTE:ALL DISTANCES IN THESE DESCRIPTIONS ARE GRID DISTANCES.MULTIPLY ALL GRID DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN GROUND DISTANCES.ALSO MULTIPLY AREAS BY 1.0001312 TO OBTAIN TRUE GROUND AREAS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE SYifEM OF 1983,ZONE 111(1986 ADJUSTMENT). 57539.DOC NAWC0460\PM13\Willow Pass\Seecdn\Transferdocs\TransDoc PCL hand 2-5 THESE REAL PROPERTY DESCRIPTIONS HAVE BEEN PREPARED BY ME,OR UNDER MY DIRECTION,IN COMPLIANCE WITH CALTRANS REQUIREMENTS AND WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. Prepared By: NOLTE ASSOCIATES,INC. William D© las a ik ► / Date L.S.7059 57539.DOC lV:\WC0460\PMI3\Willow Pass\Seecon\Transferdocs\TransDoe PCL 1,and 2-5 Recording Requested By: Caltrans When Recorded Return to: Caltrans 111 Grand Avenue Oakland, CA 94623-0440 Attn: Jessica Dillingham SPACE ABOVE THIS LFNE FOR RECORDER`S USE District County Route Past Mile Number 4 cc, 4 18.5& 18.7 57539 ASSIGNMENT OF EASEMENT For value received, CONTRA COSTA COUNTY, a political subdivision of the State of California ("Assignor"), hereby assigns, transfers and conveys to the STATE OF CALIFORNIA, all of Assignor's rights, title, interests and obligations under that certain easement recorded May 3, 2002 at the Contra Costa County Recorder's Office(Series#2002-0163084)from SEECON Financial and Construction Co., Inc., a California corporation, to Contra Costa County. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. RDB:eh G:tGrpDatalReatProp12002-Fiies102-101DE.1 seecon Financial.doc 10/29102 Z N EXHIBIT A 04-CC-4 PM 18.7 PARCEL 57539 PARCEL 2:(50860-8) ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-0163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,INCLUDING MAINTENANCE OF THE DRAINAGE FACILITIES SHOWN ON ATTACHMENT 1,ATTACHED HERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 15,T.2.N.,R.I.W.,M.D.B.&M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE WESTERLY LINE OF THE LANDS OF CULBERTSON,AS DESCRIBED IN THE DEED TO ALVERNAZ,RECORDED ON SEPTEMBER 30, 1923,IN BOOK 457 OF DEEDS AT PAGE 448,RECORDS OF SAID CONTRA COSTA COUNTY AT ITS INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 4 AS SHOWN ON THE RIGHT OF WAY RECORD MAPS FOR THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ROUTE 4 IN CONTRA COSTA COUNTY,DATED JULY 1974,AND GRANTED BY GEORGE W.ANDREWS AS PARCEL TWO BY DEED RECORDED FEBRUARY 9, 1950 IN BOOK 1504 AT PAGE 230,OFFICIAL RECORDS OF CONTRA COSTA COUNTY; THENCE ALONG SAID WESTERLY LINE(457 DEEDS 448)SOUTH 01°06'28"WEST 145.17 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.,INC. TO CONTRA COSTA COUNTY,RECORDED ON OCTOBER 13, 1993 IN BOOK 19039, AT PAGE 825 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50860-1,ALSO BEING A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED TO THE COUNTY OF CONTRA COSTA RECORDED MARCH 25, 1994 IN DOCUMENT NUMBER 94-083512 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50862-1;THENCE ALONG SAID RIGHT OF WAY LINE DESCRIBED IN SAID DEED(19039 OR 825 AND 94—083512)SOUTH 81°33'27"EAST 13.81 FEET SAID POINT BEING THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 06"49'1 i"WEST 133.00 FEET;THENCE NORTH 83010,49"WEST 95.00 FEET; THENCE NORTH 52013'16"WEST 242.49 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 4,AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.,INC.,TO CONTRA COSTA COUNTY, RECORDED ON OCTOBER 13, 1993 IN BOOK 19039,AT PAGE 825 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY AND DESCRIBED AS PARCEL 50860-1,SAID POINT ALSO BEING A POINT ON A 150.00 FEET RADIUS CURVE,CENTER BEARS SOUTH 18057'46"EAST;THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ALONG THE ARC OF A CURVE OF SAID 150.00 FEET RADIUS CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 27"24'19",AN ARC LENGTH OF 71.75 FEET TO A POINT OF TANGENCY;THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH 81°33'27"EAST 233.54 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 28,239 SQUARE FEET MORE OR LESS(0.648 ACRES) N:\WC0460\PMI3\Wi11ow Pass\Seecon\Transferdocs\TransDoc PCL hand 2-5 57539.DOC 04-CC-4 PM 18.7 PARCEL 57539 PARCEL 3 :(50860--9) ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-0163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 15,T.2.N., RA.W.,M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13, 1993 IN BOOK.19039,PAGE 825 OF OFFICAL COUNTY RECORDS OF CONTRA COSTA COUNTY, DESCRIBED AS PARCEL 1 (50860-1)SAID POINT OF BEGINNING BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSES DESCRIBED AS NORTH 36029'24"WEST 301.74 FEET IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825);THENCE ALONG SAID SOUTHERLY LINE DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825) SOUTH 36029'24"EAST 24.95 FEET;THENCE LEAVING SAID SOUTHERLY LINE NORTH 89046'55"WEST 142.29 FEET;THENCE NORTH 0°13'05"EAST 20.00 FEET;THENCE SOUTH 89046'55"EAST 127.38 FEET TO THE POINT OF BEGINNING CONTAINING+/-2697 SQUARE FEET(0.062 ACRES) 04-CC-4 PM 18.7 PARCEL 57539 PARCEL 4 :(50860—10) ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-0163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 16,T2.N.,R.I.W.,M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: N:\WC0460\PMI3\Willow Pass\Seecon\Transferdocs\TransDoc PCL 1,and 2-5 57539.DOC z BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS DESCRIBED IN TIME FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13, 1993 IN BOOK 19039,PAGE 825 OF OFFICAL COUNTY RECORDS OF CONTRA COSTA COUNTY DESCRIBED AS PARCEL 1 (50860-1),SAID POINT OF BEGINNING BEING NORTH 74°58'27" WEST 49.13 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS NORTH 74°58'27"WEST 173.55 FEET IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825);THENCE LEAVING SAID SOUTHERLY LINE SOUTH 84049'29"WEST 145.12 FEET;THENCE NORTH 28°14'20"EAST 23.96 FEET;THENCE NORTH 84049'29"EAST 77.56 FEET TO A POINT ON THE SOUTHERLY LINE AS DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825);THENCE ALONG SAID SOUTHERLY LINE SOUTH 74058'27"EAST 57.92 FEET TO THE POINT OF BEGINNING CONTAINING+/-2226 SQUARE FEET(0.051 ACRES) 04-CC-4 PM 18.7 PARCEL 57539 PARCEL 5#50860-11 ): ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-0163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THE DEED TO SEECON FINANCIAL AND CONSTRUCTION COMPANY,INC.RECORDED AUGUST 22, 1989 IN BOOK 15282 AT PAGE 447 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY,STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A NON—EXCLUSIVE FLOATING EASEMENT OVER A STRIP OF LAND,BEGINNING AT THE SOUTHERLY INTERSECTION OF HIGHWAY 4 AND WILLOW PASS ROAD,THENCE IN AN EASTERLY AND NORTHERLY DIRECTION TO THE EXISTING STORM DRAIN MANHOLE, LOCATED APPROXIMATELY AT STATION 526+78,295 FEET RIGHT,`BM"LINE,AS PER CALTRANS RIGHT OF WAY RECORD MAP R-X20Y.5,THE LOCATION OF SAID FLOATING EASEMENT TO FOLLOW DRIVEWAYS OR ACCESS ROUTES ON SAID SEECON LANDS AS THEY MAY BE NOW LOCATED OR HEREAFTER RELOCATED IN THIS AREA FROM TIME TO TIME OR BY SUCH OTHER ROUTE MUTUALLY AGREEABLE BETWEEN THE PARTIES HERETO. NOTE:ALL DISTANCES IN THESE DESCRIPTIONS ARE GRID DISTANCES.MULTIPLY ALL GRID DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN GROUND DISTANCES.ALSO MULTIPLY AREAS BY 1.0001312 TO OBTAIN TRUE GROUND AREAS. THF�BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE SYS'T'EM OF 1983,ZONE III(1986 ADJUSTMENT). N:\WC0460\PM13\Wi11ow Pass\Seecon\Transferdocs\TransDoc PCL 1,and 2-5 57539.DOC ......... ......... ................. _ .................-_..... ......... ......... ......... ......... ......... ......... _ ... _........ ......... ......... ......... . . .............................................. THESE REAL PROPERTY DESCRIPTIONS HAVE BEEN PREPARED BY ME,OR UNDER MY DIRECTION,IN COMPLIANCE WITH CALTRANS REQUIREMENTS AND WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. Prepared By: NOLTE ASSOCIATES,INC. William Do las C e # / Date L.S.7059 l 57539.DOC N:\WC04601PMI3\Willow Pass\Seecon\Transferdecs\TransDoe PCL l,and 2-5 ......... ......... ......... ......... ......... ......... ......... ......... .._.._... . _ ............_........_......... ......... ......... ......... _........ ......... ......... ......... ......... ......... ......... ............ C7 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DAVE: February 25, 2003 SUBJECT: Approve Right of Way Contract and Rental Agreement; Accept the Grant Deed from Bishop-Wisecarver Corporation. Pittsburg area. SCH# 2000112GO7 Project No.: 4650-6X4287 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. APPROVE Right of Way Contract and Rental Agreement; ACCEPT the Grant Deed from Bishop-Wisecarver Corporation. B. AUTHORIZE the Public Works Director, or designee, to execute said Right of Way Contract and Rental Agreement on behalf of the County. C. APPROVE payment of$3,311,000 for said property rights, and AUTHORIZE the Auditor- Controller to issue a check in the amount of$332,900, which is the remainder balance of the purchase price, payable to Placer Title Co., 1981 N. Broadway, Suite 100, Walnut Creek, CA 94596 Escrow No. 6156622 and to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Recorder. E. AUTHORIZE the Auditor-Controller to issue a check in the additional amount of $350,000 for the Contingency Account in accordance with the terms and conditions of the Right of Way Contract. Said check payable to Placer Title Co., 1981 N. Broadway, Suite 100, Walnut Creek, CA 94596. Continued on Attachment: x SIGNATURE: ,t.-R COMMENDATION OF COUNTY ADMINISTRATOR t` RECOMMENDATION OF BOARD COMMITTEE � 4--APPROVE OTHER SIGNATURE{ ACTION OF 90A D ON FEBRUARY 25, 2003 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS{ABSENT ) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the KAL:eh date shown. G:IGrpDatalPt"Propt2003-Files\80s&RES\BO2 Bishop-Wisecarver.doc Orig.Div: Public Works(R/P) ATTESTED: FEBRUARY 25, 2003 Contact: Karen Laws(313-2228) JOHN SWEETEN,Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via RIP) 7 P.W.Accounting(vie R/P) By Deputy Recorder(via R/P) Board Orders Senior Clerk,Adm. Subject: Approve Right of Way Contract and Rental Agreement; Accept the Grant Deed from Bishop-Wisecarver Corporation. Pittsburg area. Date: February 25, 2003 Page: 2 II. Financial Impact: Payment of$3,311,000 from CCTA funds. III. Reasons for Recommendations and Back-ground: These property rights are required for the State Route 4, Railroad Avenue to Loveridge Road project in accordance with the approved plans and specifications. The total value of compensation for the necessary property rights is $3,311,000. $2,680,000 will be made as a cash payment with the balance of$631,000 paid in a land exchange. $2,347,100 was deposited with the State Treasurer on November 14, 2002 and will be withdrawn by Bishop-Wisecarver Corporation. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. RIGHT OF WAY CONTRACT -- STATE HIGHWAY RW 8-3(Rev.6/95) Page 1 of 9 Pittsburg, California District County Route Post RCW Mile E.A. , 2003 4 CCC 4 37.6 228770 Document No.58004 in the form of a Grant Deed,covering the property particularly described in the above instrument (the "Property"), a copy of which is attached hereto as Exhibit A and incorporated herein by reference(the"Grant Deed"),has been executed and delivered to Karen A. Laws, Right of Way Agent for Contra Costa County (the"County"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. A. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the County of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. B. County requires said Property for State highway purposes, a public use for which County has the authority to exercise the power of eminent domain. Grantor, as defined in the Grant geed, is compelled to sell, and County is compelled to acquire the Property. 2. The Property shall be conveyed to the County free and clear of all liens, encumbrances, easements, and leases (recorded and unrecorded) and taxes, except: A. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow, as defined below. B. Covenants, conditions, restrictions and reservations of record, listed as exceptions 3,4,6 and 1 I in the amended preliminary report issued by Placer Title Company under its escrow number 615-6622,dated as of November 8, 2002. C. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. The exceptions listed in 2B and 2C above are referred to hereinafter as the"Approved Exceptions." � A RIGHT OF WAY CONTRACT -- STATE HIGHWAY RW s-s(Rev.61195) Page 2 of 9 3. The County shall: A. Pay the undersigned Grantor the sum ("Purchase Price")of TWO MILLION SIX HUNDRED AND EIGHTY THOUSAND DOLLARS AND 00(100 ($2,680,000.00)for the Property or interest conveyed by the Grant Deed at the Close of Escrow, as follows: (i) Grantor acknowledges receipt of the sum of TWO MILLION THREE HUNDRED FORTY SEVEN THOUSAND ONE HUNDRED DOLLARS ($2,347,100.00) which shall be applied as a credit against the Purchase Price; and (ii) County shall deposit the remainder of the Purchase Price in the amount of THREE HUNDRED THIRTY TWO THOUSAND NINE HUNDRED DOLLARS ($332,900.00) into escrow to be delivered to Grantor at the Close of Escrow. B. Pay all escrow and recording fees incurred in this transaction including, but not limited to, an ALTA Owner's Policy for the Traded Property, as defined below, with liability in the amount of the Traded Property Value, as defined below, insuring that Grantor is vested with fee simple title to the Traded Property. C. Have the authority, at the Close of Escrow, to deduct and pay from the amount shown in Clause 3(A)above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes,together with penalties and interest thereon,and/or delinquent and unpaid nondeiinquent assessments or other encumbrances which have become a lien at the Close of Escrow; provided, however, Grantor shall first be granted commercially reasonable notice thereof and,at Grantor's option,Grantor may clear any such assessments or encumbrances before the Close of Escrow. D. Deposit, within 45 days after the Close of Escrow, into a separate interest bearing escrow account established by the Grantor, the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS($350,000.00),as a construction contingency account(the"Contingency Account'). Joint escrow instructions will be drafted, which will include, but not be limited to, the following: (i) Payments from this Contingency Account to Grantor may only commence if the cost of construction of the new facilities located on the Traded Property, as defined below, as shown on the plans prepared by Shoemate Construction, Inc.,dated December 10,2002, as already approved by both Grantor and the City of Pittsburg (the "New Facilities"), exceeds TWO MILLION SIX HUNDRED EIGHTY THOUSAND DOLLARS ($2,680,000.00). RIGHT OF WAY CONTRACT --STATE HIGHWAY sw 8-3(Rev.6/95) Page 3 of 9 (ii) All requests for payments from this Contingency Account are to be related to the construction of the New Facilities, and shall be submitted by Grantor to County in writing;although such requests for payment shall be subject to review and approval by the County, such approval shall not be unreasonably withheld to the extent the costs are reasonable and necessary for construction of the New Facilities. The County will approve or disapprove the requests in writing within 15 business days of receipt'. A request for payment shall be deemed received (i)on the date served if served by hand delivery, (ii)one (1)' business day after it is sent by overnight delivery, or (iii) on the day' when it is accepted or refused by the recipient if it is sent by U.S. Mail, postage prepaid, return receipt requested. In the event that the County disapproves any of Grantor's requests for payment from this Contingency Account(a"Disputed Request), the parties shall negotiate in good faith to resolve the controversy regarding the Disputed Request, If the representatives of Grantor and the County primarily responsible for the submittal and/or approval of the Disputed Request,as applicable, are unable, after a reasonably diligent effort, to resolve any dispute or controversy arising in connection with this Disputed Request, then the parties hereto agree to engage in mediation in good faith and prior to commencing any formal court action. (iii) Upon completion of construction of the New Facilities, as certified by the City of Pittsburg, any funds remaining in said Contingency Account and all accrued interest thereon will be returned to the County. E. Convey by grant deed to Grantor, at the Close of Escrow, the real property described in Exhibit"B"attached hereto and made a part hereof(the"Traded Property"). The parties agree that the value of the Traded Property is FIVE DOLLARS ($5.00)per square foot, and that the area of the Traded Property is approximately 2.9 acres for a value of approximately SIX HUNDRED THIRTY ONE THOUSAND DOLLARS AND 001100 ($631,000.00) ("Traded Property Value"). County will convey the Traded Property to Grantor in an "as is" condition. County will furnish to Grantor copies of the Phase One and Phase Two environmental reports prepared on the portion of the highway project which includes the Traded Property. The reports are: RIGHT OF WAY CONTRACT --STATE HIGHWAY RW 8-3(Rev.6/95) Page 4 of 9 Phase One: Initial Site Assessment: Highway 4 Widening Project Pittsburg, California (May, 20011) Prepared by: Geocon Consultants, Inc. 2356 Research Drive Livermore, CA 94550-3848 Phase Two: Site Investigation Report: SR4 Widening Project Railroad to Loveridge, Contra Costa County, California (March 2002) Prepared by: Geocon Consultants, Inc. 2356 Research Drive Livermore, CA 94550-3848 In the event this contract shall fail, or escrow is unable to close due to lack of compliance with any of the terms herein, Grantor shall immediately return said environmental reports, including all addenda, and shall not retain any copies of said report in any form. F. Provide any information in its possession that is pertinent to the City of Pittsburg's requirements for Grantor's proposed improvements that the remnant portion of Grantor's existing property and the Traded Property be merged to form one lot and that a portion of Martin Way be abandoned. G. County shall provide Grantor a right to enter upon the Traded Property (in the form of a Temporary Construction Permit)prior to the Close of Escrow for the purpose of constructing the New Facilities upon confirmation that the City of Pittsburg will issue a building permit to Grantor for the construction of the New Facilities prior to the Close of Escrow on the Traded Property. 4. By this agreement, County and Grantor establish an escrow("Escrow")with Placer Title Company, 1981 N. Broadway, Suite 100, Walnut Creek, California, their Escrow>No. 6155622 ("Title Company"). The parties shall prepare joint escrow instructions, in accordance with this agreement, that shall include authorization of the Title Company to withhold pro rata taxes, liens and assessments on the Property conveyed, as well as the following: A. The County shall pay all escrow and recording fees incurred in this transaction, including the Title Company's premium for an ALTA Owner's Policy for the Traded Property, and the premium for any insurance desired by County. B. On or before the Close of Escrow, Grantor will deliver to the County or into Escrow with the Title Company the following documents: RIGHT OF WAY CONTRACT -- STATE HIGHWAY RW 8-3(Rev,6195) Page 5 of 9 (i) The Grant Deed, in recordable form and properly executed on behalf of Grantor, conveying to County the Property in fee simple absolute,, subject only to the Approved Exceptions; (ii) Copies of any effective leases, rental agreements or any other agreements, if any, which the County has agreed in writing are to remain in effect after County takes title; (iii) Grantor's affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended [26 USCA §1445] ("FIRPTA Affidavit"); (iv) Grantor's affidavit as contemplated by the Revenue and Taxation Code§ 18662 ("Withholding Affidavit"); and (v) The fully executed Rental Agreement, as defined herein. (vi) A fully executed Temporary Construction Permit (a copy of which is attached as Exhibit D) for access and use of Grantor's remainder properties for the demolition and clearing of improvements located within said Property, C. Prier to the Close of Escrow, County will deposit the following items into Escrow with the 'Title Company: (i) The sum of THREE HUNDRED TWENTY TWO'THOUSAND NINE HUNDRED AND 001100 DOLLARS ($322,904.00); and (ii) The grant deed for the Traded Property. D. Escrow shall close upon the conveyance of the Property to the County ("Cl RIGHT OF WAY CONTRACT -- STATE HIGHWAY sw 8-3(Rev.6/95) Page 6 of 9 (iv) Issue the title policy for the Traded Property, (v) Prorate taxes, assessments, rents and other charges on the Property as provided by this agreement; (vi) Prorate taxes, assessments, rents and other charges on the Traded Property as of the Close of Escrow; (vii) Disburse to the Grantor the Sum of THREE HUNDRED TWENTY TWO THOUSAND NINE HUNDRED AND 00/100 DOLLARS ($322,900.00), less prorated amounts and charges to be paid by or on behalf of Grantor; and (viii) Prepare and deliver to the County and to the Grantor one signed copy of the Title Company's closing statement showing all receipts and disbursements of the Escrow. If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title Company shall notify the Grantor and the County and retain all funds and documents pending receipt of further instructions from the County and Grantor. 5. The consideration mentioned in paragraph 3 above includes total compensation for both permanent and temporary rights and includes total compensation for all severance damages to Grantor's remaining property. The consideration stated above also includes compensation for all landscaping and improvements and for damages of every kind and nature accruing by reason of the acquisition of the Property and the construction thereon of a public improvement as proposed by County, including without limitation loss of revenue or goodwill, but specifically excluding business relocation assistance and business relocation benefits. Grantor hereby waives, releases and discharges County, its officers, agents and employees,from any and all rights,claims, demands, causes of action, obligations,damages and liabilities, including without limitation, attorneys'fees and costs, which Grantor now has or could assert now or at any time in the future against County arising from the acquisition of the Property and the construction thereon of a public improvement as proposed by County,with the exception of a claim for the actual cost to relocate Grantor's existing fixtures and equipment. Effective concurrently with the Close of Escrow,Grantor expressly waives all rights under Section 1542 of the Civil Code of the State of California, which Grantor understands provides as follows: RIGHT OF MAY CONTRACT -w STATE HIGHWAY RW 8-3(Rev.6/95) Page 7 of 9 "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DUES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED' HIS SETTLEMENT WITH THE DEBTOR." 6. Any or all moneys payable under this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgages(s) or deed(s) of trust, if any, and all other amounts due and payable in accordancewith the terms' and conditions of said trust deed(s) or mortgages(s) shall, upon demand(s), be made payable to the mortgagee(s) or beneficiary(ies)'entitled thereunder; said mortgagee(s)or beneficlary(ies)to furnish Grantor with good and sufficient receipt showing said moneys credited against the indebtedness secured by said mortgage(s) or deeds) of trust. 7. The Grantor shall retain possession of the Property conveyed up to and including the date of the Close of Escrow. All rents collected by Grantor applicable to any period thereafter shall be paid to the County. Either party hereto collecting rents to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provision of this clause. 8. It is agreed County will rent the Property to Grantor, using County's standard form Rental Agreement (a copy of which is attached as Exhibit C) commencing the day following the Close of Escrow. The rental rate shall be ONE DOLLAR ($1.00)per month subject to all the terms and conditions in said Rental Agreement. 9. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the Property is included and also waives any and all costs and litigation expenses, if any. 10. The Grantor hereby represents and warrants that, to the best of its knowledge, during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property. Granter further represents and warrants than Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous waste,on, from, or under the Property which may have occurred prior to Grantor taking title to the Property. The acquisition price of the Property being acquired in this transaction reflects the fair-market value of the Property without the presence of contamination. If the Property being acquired is found to be contaminated by the presence of hazardous wastes which requires mitigation under Federal or State law,the County may elect to recover its clean-up costs from those who caused or contributed to the contamination. RIGHT OF WAY CONTRACT -- STATE HIGHWAY RW 8-3(Rev.6195) Page 8 of 9 11. Grantor represents and warrants that Grantor is the owner of the Property, and that no leases, licenses, or other agreements allowing any third party rights to use the Property are or will be in force at the Close of Escrow. Commencing with the execution of this agreement, Grantor shall not permit any liens, encumbrances or easements to be placed on the Property, nor shall Grantor enter into any agreement that would affect the Property that would be binding on the County after the Close of Escrow without the prior written consent of County. 12. To the best of Grantor's knowledge, except for the pending condemnation action filed by the County for the Property, there are not presentlyany actions, suits, or proceedings pending or threatened against or affecting the Property or the interest of Grantor in the Property or its use that would affect Grantor's ability to consummate the transaction contemplated by this agreement. 13. This agreement shall be governed and construed in accordance with California law. The venue of any litigation pertaining to this agreement shall be Contra Costa County, California. 14. This agreement contains the entire understanding of Grantor and County with respect to the subject matter hereof,and supersedes all prior or contemporaneous written or oral agreements and understandings between the parties hereto pertaining to any such matter. No provisions of this agreement may be amended, modified or supplemented or added to except by an agreement in writing,expressly stating that such agreement is an amendment of this agreement, signed by the parties to this agreement or their respective successors in interest'. 15. Time is of the essence of this agreement, it being understood that the time for performance of each obligation, including, without limitation, the Close of Escrow, has been the subject of specific negotiations by the parties. 16. No waiver shall be valid unless in writing and signed by the party to be charged,and then only to the extent specified therein. No waiver by Grantor or County of a right or remedy under this agreement or under applicable law shall constitute a waiver, express or implied,of any other right or remedy of Grantor or County,and no failure or delay on the part of Grantor or County to exercise, assert or otherwise insist upon one or more of its rights or remedies under this agreement or at law shall constitute a waiver by Grantor or County of any of such rights or remedies eitherthen or in the future, or otherwise constitute a precedent for any future conduct, actions or inaction. RIGHT OF WAY CONTRACT -- STATE HIGHWAY RW 8-3(Rev.5795) Page 9 of 9 17, The parties shall, in a timely manner, execute, acknowledge, and deliver all other instruments and perform all ether acts necessary, desirable or proper to carry out the purposes of this agreement. 1n Witness !Whereof,the parties have executed this agreement the day and year first above' written. CONTRA COSTA COUNTY GRANTOR Recommended to the Board of Supervisors Bishop-Wisecarver, Corp., a for Approv Corporation B Karen taiws Principal Real Property Agent Its B _. APPROVED: Its By O'�A .c L Ma'allcOM. Shlu Public Works Director Date signed: Date: ` (Datd ofApproval) k, KAL:e i G:\GrpE)ata\ReoProp\22003-FHes\03-ZRW 8-3 Wlsecarver.00C 2JSlt}3 Recording Requested By: Contra Costa County When Recorded Return►to: Contra Costa County #r " Public Works Department EXHIBIT A 255 Glacier Dr. Martinez, CA 34553 Attn: Karen A. Laws Portion of A.P.N. 088-250-028 SPACE ABOVE THIS LINE FOR REGOMERS USE Title Company Order No. 695-5522 District County Route Post t+Aiie Number 4 CC 4 37.6 58004 (CORPORATION) For Value Received, BISHOP-WISECARVER, CORP., a corporation ("Grantor") GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg,County of Contra Costa,State of California. FOR DESCRIPTION SEE EXHIBIT'A"'ATTACHE© HERETO AND MADE A PART HEREOF. Dated this day of 2003. GRANTOR: BISHOP-WISECARVER CORPORATION, a corporation By Its By Its ATTACH APPROPRIATE ACKNOWLEDGEMENT KAL"eh G:iGrpData\RealP'ropi2003-Files103-21CALDE-1 wisecarder.doc 2/19/03 .... ........ s EXHIBIT "A" 04-CC-4 KP-39.4 PARCEL 58004 PARCEL 58004-1: Being a portion of the property described in the Grant Deed to Bishop-Wisecarver Corporation recorded December 20, 1968 in Book 5775,Page 381 in the Official Records of Contra Costa County, same parcel being portions of Parcel A as created by Parcel Map filed December 3, 1968 in Bonk 6 of Maps, at Page 24,on file in the Official Records of said County, and being more particularly described as follows: Beginning at the northwest corner of the Bishop-Wisecarver parcel; Whence along the north line of the Bishop- Wisecarver parcel, South 720 17' 46" East, 130.617 meters to the northerly common corner between the Bishop- Wisecarver Parcel and that certain parcel of land described in a Grant Deed to Stephen C. Henderson, Trustee of the Stephen C. Henderson Family"frost, recorded October 5, 1999 as Document No. 1999-0263974-00 in the said Official Records; Thence along the common line between the Bishop-Wisecarver parcel and the Stephen C. Henderson parcel, South 170 42' 14" Wost, 43.764 meters; Thence leaving the said common time and crossing through said Bishcp- Wisecarver parcel, North 720 51'39"West, 130.623 motors to the point of intersection with the common line between the Bishop-Wisecarver parcel and that certain parcel of land described in a Grant Deed to Security Public Storage, recorded November 9, 1995 as Instrument No. 95 195861 of said Official records; Thence along the common line between the Bishop-Wisecarver parcel and the Security Public Storage parcel,North 17°42 .14"East,45.051 motors to the Point of Beginning. Containing 5800.3 ,Square meters,more or less. This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights appurtenant to grantor's remaining property in and to said freeway. Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances. T erty description has been prepared by me,or wider my direction,in conformance with the Professional Land Survey s Act. �„AN D .Oft U 019 S ' ,c:r Scott A. Shortlidge Date Licensed Land Surveyor rM California No.6441 Exp. tP V-9 441 � �r OF 0 EXHIBIT "B" Land Description of a parcel of land, situate in the City of Pittsburg, Contra Costa County, California, and being a portion of that certain property described in the Grant Deed to Stephen C. Henderson, Trustee of the Stephen C. Henderson Family recorded on October 5, 1999 as Document No. 1999-0263974-00 in the Official Records of said County; Same parcel being a portion of Parcel "A", all of Parcel"B" and all of Martin Way as created by that certain Parcel Map MS 678-92, filed November 3, 1992, in Book 160 of Parcel Maps,Page 9 of the Map Records of said County, Also being a portion of the remainder of Parcel "A" as created by that certain Parcel Map,filed September 2, 1970 in Book 14 of Parcel Maps at Page 9 on file in the Official Records of said County; and being more particularly described as follows: Beginning at the southwest corner of said Martin Way of said Parcel Map MS 678-92,same southwest corner of said Parcel"A"of Parcel Map(14-PM-9); Thence along the west line of Martin Way and both aforementioned Parcel "A's",North 171 42' 45"East,90.165 meters to the point of intersection with the curving south Right of Way line of State Highway Route 4, being a curve to the left from which the center bears North 17° 07' 05" East; Thence with the south line of State highway Route 4 in a easterly direction 193.342 meters along the are of said curve to the left,having a radius of 6044.896 meters and through a central angle of 01° 49' 57"to the curving east line of said Parcel "A" of(14-PM-9), being a curve to the left from which the center bears South 09° 30' 38"East; Thence along the southern line of Parcel"A" of 14-PM-9 for the following four(4)courses: (1) in a southwesterly direction 46.407 meters along the arc of said curve to the left,having a radius of 116.507 meters and through a central angle of 22°49' 20",(2) South 57°40'01"West,7.108 meters to the beginning of a curve to the right, from which point the center bears North 32° 19' 34" West, (3) in a westerly direction 148.605 meters along the arc of a curve to the right, having a radius of 170.139 meters and through a central angle of 500 02' 52",(4)North 72° 17' 46"West,22.253 meters to the Point of Beginning. Containing 12097 Square meters,more or less. Reserving therefrom: the grantor hereby reserves and restricts the grantee from any and all abutter's rights including access rights appurtenant to above described property in and to said freeway(State Highway Route 4). Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances. This real property description hae r r d b me,or under my direction, in conformance with the ofessio al L d Survey o s fet. SH ORr to Date Scott A. Shortlidge Da Licensed:Land Surveyor Exp. California No.6441 HS 6441, OF C :::. x ' ^ EXHIBIT "C"' Name: � � - ---Bishop-Wisecarver- Address:- 2104 Martin --~x Cit*: , CA 94565 ' ! � ' RENTAL AGREEMENT TABLE OF CONTENTS ' � � ^ �Pan _ � - 1. TERM ......................................................................................................-............ 1 2. RENT~,~^^..,,,=._~..~...^..-,~.^-_..^^..,-....~-.^..~~.....~..^.....^_~~^! `,.,.~~^....~.. 1 3. UTILITIES ,,~.~~~,~,,^_,~,,,.^,^,^_,,^,,,,.^^,,`,~,~~,.'_,^,~,~^..^.~~,,, ,.,,~,_,,~~,~^ 1 4. REPAIRS AND .'^.,...~.....,..^`..^............^^^....,.,�......^....... 1 G. . ^ 2~�~=~~��`-`~^~~' ~^^`'^'~,^~~^~~~~`~`~-~''^^~^~^`'^''~~^'~^`^'^^~^^'`^'^~'~~T~~^^^-'~ ~`~` � 6. '-^~.~..~......^._.~.'.^.^~...^~~.-~~,~...~~,...,~,~,~'~_,~^~~~`.^,....^~2 7. TERMINATION BY TENANT.....................................,�'_^~..~_,.,^~^_~^~~^~.,~,.'`2 8` USE OF PREMISES ..^...'........,........................~,..........,^.,._...............................2 9. HOLD HARMLESS.,.~.+,.~.~~...,...~..~.,....-..-..............,'..._.'.-.-.~,.... 2 10. INSURANCE ...... ...............................................................................................3 11' NOTICE TOVACATE ........................................................................................4 12. WASTE, QUIET CONDUCT_.....^..`'~'~.~-`~_.~..--,..~.~~~-^..^.-.^.~'.'^.~.~_.4 13. INSPECTION OF ,.~-.^......_..~-....~~.-~.....-...'.....,.,.~~...^~.4 14, ,-.~~^...'_^^-,^-.^.~^~_~~,^-.~,^~.~~--.~.,~..~.'^-...�� � OF15, COUNlYS RIGHT� ENTRY .....'. ...,,..'..~...~._.-.~...._...................... 16, WAIVER .............................................................................................................5 17. WRITTEN AGREEMENT_^~'~`..,..~-~.-^.-..-~.~.^.�.~.'.-^^-_-^,'~.�..~~.~-~..^...�� 1Q. ' ,_'~.�..~.~,,.,..~.._.~~-''"..~._.^.�"�.� .-_�~,-.,^~,^�� ` �HAZARDOUS SUBSTANCES ' , 19, PUBLIC USE~..~-..~~_~.~~~~~-.~~.',~~...^-,^...^....^~,^..~~..^._~_.,-~~~.,.~~.6 20 � . SEVERABILITY~~.^~ . ^ .-~.~--^,.-.~^~_.~~.,^.`^..~...'.~..,.,~..^....~.-~~..~.~., .~...~,.'6 21. TIMEISOF THE ESSENCE......................_,',~~~.~.,...,..-._...,.,._,~.~~,~.,,,,.'6 � � ^ ' ' \ ...........-........ RENTAL AGREEMENT This Agreement is hereby executed in duplicate on by and between CONTRA COSTA COUNTY hereinafter designated as "COUNTY," and the undersigned, designated as "TENANT," who hereby, agrees to rent property owned by COUNTY, as described in Exhibit"A"attached hereto and made a part hereof. TENANT hereby jointly and severally approves, agrees, and consents to the following terms and conditions: 1. TERM: The term of this tenancy shall commence at the close of escrow No. 615- 6622, Placer Title Co., or March 24, 2003, whichever occurs first, and continuing until December 31, 2003. 2. RENT: The rent for the use of the above premises shall be $11.00 per month and TENANT agrees to pay said rent in advance on or before the 1st day of each calendar month so long as tenancy continues. All checks and money orders should be made payable to CONTRA COSTA COUNTY and mailed to: CONTRA COSTA COUNTY Public Works Department Attention: Accounting Division 255 Glacier Drive Martinez, CA 94553 Attn. Karen A. Laws 3. UTILITIES: TENANT shall pay promptly when due all gas, electric,water, garbage and other utility bills applicable to the premises during TENANTs occupation and TENANT shall save COUNTY harmless therefrom. 4. REPAIRS AND MAINTENANCE: The premises are rented on an "AS IS" basis. TENANT acknowledges that, as of the commencement of this Agreement, the premises are in a condition fit for human occupation and in a clean and tenantable condition. TENANT shall keep premises in a clean, decent, safe, and sanitary condition, free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. TENANT shall maintain and repair the interior and exterior of the premises including, but not limited to, windows, plumbing, and electrical fighting and wiring. TENANT shall maintain landscaping and perform weed abatement to the demised premises. TENANT shall not charge to the COUNTY the cost of any repair work performed or ordered done by the TENANT without the express prior written approval of the COUNTY to do so. TENANT shall take every care to prevent fres,and not keep gasoline, solvents or other combustible materials or substances on the premises, except in de minimus quantities below regulated thresholds, reasonably used by Tenant in connection with the TENANT's permitted use of the premises. In the event that the premises are destroyed by fire, this Agreement shall immediately terminate. TENANT shall not allow non-operating vehicles or parts thereof to remain on the premises. 5. SUBLETTING: TENANT shall not assign this tenancy or any interest therein and shall not sublet said premises or any part thereof. Any such assignment or subletting without the COUNTY's consent shall be void and shall, at COUNTY's option, terminate this tenancy. 6. ALTERATIONS: TENANT agrees not to make or suffer any alterations to be made in or on said property without first obtaining the written consent of COUNTY. 7. TERMINATION BY TENANT: TENANT will give the COUNTY thirty (30) days notice of intention to move or vacate the property. And upon vacating,,agrees to leave same in a neat, clean; orderly condition, allowing, of course, for ordinary and normal usage during occupancy; and to reimburse COUNTY for any damage done to said property caused by TENANT's occupancy or tenancy, other than that due to normal use. Upon vacating, TENANT agrees to restore property to the same or better condition. 8. USE OF PREMISES: TENANT shall only use the premises for the operation of a linear motion manufacturing business and for no other purpose. TENANT agrees to subscribe to an authorized garbage disposal service on a weekly basis. TENANT will Deep and maintain property and all landscaping in a neat, clean, and orderly condition at all tines during occupancy, and not permit rubbish, garbage, weeds, etc.., to accumulate at any time; nor commit, suffer or permit any waste of said premises or any acts to be done in violation of any laws or ordinances; nor use or permit the use of said premises for any illegal or immoral purposes, including but not limited to illegal use or sale of drugs. TENANT shall comply with all State laws and>local ordinances concerning said property and the use thereof. TENANT agrees not to support, permit or maintain any nuisance or about any part of the premises. TENANT further agrees to conduct and cause other persons who are on the premises with his consent to conduct themselves in a manner, which will not disturb his neighbors' peaceful enjoyment of their accommodations and which will be conducive to maintaining the premises in a decent, safe,and sanitary condition. - 9. OLD HARMLESS: TENANT shall defend, indemnify, save, protect, and hold harmless COUNTY, its officers, and employees from any and all claims, casts, and liability, including reasonable attorneys' fees, for any damage, injury or death, including without limitation all consequential damages from any cause whatsoever, to persons,or property, arising directly or indirectly from or connected with this 2 .......... ............................................. . _. ....................... Agreement, including, but not limited to, any act undertaken pursuant to the Agreement, or the TENANT's use or possession of the premises, save and except claims or litigation arising from the sole negligence or sole willful misconduct of COUNTY, its officers or employees, and, if required by COUNTY, will defend any such actions at the sole cost and expense of the TENANT. 10. INSURANCE: COUNTY will not keep TENANT's personal property insured against fire, or any other insurable risks, and TENANT waives the right to claim damages from the COUNTY for any damage resulting to said property in the event it is damaged or destroyed by fire or any other cause. TENANT waives the right to claim damages from COUNTY for any damage or loss resulting to any property owned by the TENANT or stored on the premises, in the event that it is damaged, destroyed or lost as a result of fire, theft or any other cause. 10.A COMPREHENSIVE GENERAL LIABILITY INSURANCE: TENANT shall at its own cost and expense procure and keep in force during the term of this Agreement comprehensive bodily injury liability and property damage liability insurance adequate to protect COUNTY, its officers, agents and employees, against any liability to the public resulting from injury or death of any person or damage to property in connection with the area, operation or condition of the premises, including any and all liability of COUNTY for damage to vehicles parked on the premises. Such insurance shall be in an amount of not less than $5,000,000 combinedsingle 'limit for bodily injury and property damage. The limits of such insurance shall not limit the liability of TENANT. All insurance required hereunder shall be with companies to be approved by COUNTY. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which COUNTY may carry. Said policies shall name the COUNTY as an additional insured and shall insure against the contingent liabilities, if any, of COUNTY and the officers, agents, and employees of COUNTY and shall obligate the insurance carriers to notify COUNTY,'in writing, not less than thirty (30) days prior to the'cancellation thereof, or any other change'affecting the coverage of the policies. If said policies contain any exclusion concerning property'in the care, custody or control of the insured, an endorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of Contra Costa County of California, its officers, agents, or employees. TENANT shall furnish to COUNTY a Certificate of Insurance acceptable to COUNTY within not more than ten(10) days after execution thereof. COUNTY shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of COUNTY, the insurance provisions in this Agreement do not provide adequate protection for COUNTY and for members of the public using the premises, COUNTY may require TENANT to obtain insurance sufficient in coverage, form and amount to provide adequate protection. COUNTY's requirements shall be reasonable but shall be designed to assure protection from end against the kind and extent of the risks which exist at the time a change in insurance is required. COUNTY shall notify TENANT in writing of changes in the 3 t ax insurance requirements; and if TENANT does not deposit copies ©facceptable insurance policies with COUNTY incorporating such changes within sixty (60)days of receipt of such notice, this Agreement may be terminated, at COUNTY's option, without further notice to TENANT, and be of no further force and effect. 1 O.B. ;WORKERS' COMPENSATION INSURANCE: TENANT shad obtain and keep in effect at all times during the term of this Agreement workers' compensation insurance, including employers' liability, in an amount not less than $1,000,000 for each accident, covering all employees employed in or about the premises to provide statutory benefits as required by the laws of the State of California. Said policy shall be endorsed to provide that the insurer waives all rights of subrogation against COUNTY. 10.C. FAILURE TO PROCURE AND MAINTAIN INSURANCE: If TENANT fails to procure or maintain the insurance required by this Article in full force and effect, this Agreement may be terminated immediately by COUNTY and be of no further force or effect. In addition, if TENANT fails to procure or maintain the insurance required by this Article, TENANT shall cease and desist from operating any business on the premises and the improvements erected thereon and shall prevent members of the public from gaining access to the premises during any period in which such insurance policies are not in full force and effect. 11. NOTICE TO VACATE: TENANT agrees to vacate said premises at any time within thirty (30) days after receipt of a notice to do so from COUNTY; and failing to vacate as herein provided, agrees that COUNTY, or its authorized agents, may enter upon said property and remove TENANT's personal property therefrom and, in this event, TENANT expressly waives any and all claims for idamages against COUNTY, its agents or employees. In addition, Tenant expressly recognizes that it is not entitled to:receive benefits under the federal or state Unifonn Relocation Assistance Acts (United States Code, title 42, Section 4601, et seq., California Government Cade, Section 7260, et seq.) as a result of COUNTYs use or possession of any portion of the Premises. 12. WASTE, QUIET CONDUCT: TENANT shall not commit, or suffer to be committed, any waste upon said premises, or any nuisance or rather act or thing which may disturb the quiet enjoyment of other residents in the neighborhood. 13. INSPECTION OF PREMISES: COUNTY reserves and shall have the right by its agents or employees to enter on said premises at any and all reasonable times to inspect said prerrfises, after notifying TENANT at least twenty-four (24) hours in advance of the inspection. In an emergency, COUNTY may enter the premises at any time without securing prior permission from TENANT for the purpose of making corrections or repairs to alleviate such emergency. 4 ................... ....................... .................- ................. ............... 14. TERMINATION BY COUNTY: COUNTY may terminate this Agreement at any time in the event of a violation on TENANT's part of any of the terms or conditions herein by giving written notice to TENANT to surrender possession of the premises. 15. COUNTY'S RIGHT OF ENTRY: TENANT shall not vacate or abandon the premises at any time during the term of this Agreement. If COUNTY's right of reentry is exercised following abandonment of the premises by TENANT then COUNTY may consider any personal property belonging to TENANT and left on the premises to have been abandoned, in which case COUNTY may dispose of all such personal property in any manner it shall deem proper and is hereby expressly relieved of all liability for doing so. 16. WAIVER: The waiver by COUNTY of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition herein contained. 17. WRITTEN AGREEMENT: Neither party has relied on any promise or representa- tion not contained in this Rental Agreement. All previous conversations, negotia- tions, and understandings are of no further force or effect. This Rental Agreement may be modified only by a writing signed by both parties. The headings of the paragraphs are for convenience only and are not a part of this Rental Agreement; nor shall they be considered in construing the intent of this Rental Agreement. 18, HAZARDOUS SUBSTANCES: TENANT shall not store, keep, or use hazardous substances on the premises. TENANT acknowledges that hazardous substances may permanently and materially impair the value and use of real property, except in de minimus quantities below regulated thresholds, reasonably used by TENANT in connection With TENANTs permitted use of the premises. A "Hazardous Substance" is defined to mean any substance, material or waste, including asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes designated, classified or regulated as being "toxic," "hazardous", a "pollutant" or similar designation under any federal, state or local law, regulation or ordinance. TENANT agrees to defend, save, protect, indemnify and hold COUNTY harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs, and expenses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of COUNTY's counsel)or loss directly or indirectly arising out of or resulting from the presence of any hazardous substance as a result of TENANT's activities, in or around any part of the property, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any third parties or to any natural �Iresources. 5 ........... ......... ....... ....... ............ 10. PUBLIC USE: TENANT understands and agrees that this property has been acquired for a future public use and will be available as rental property only in the interim between the time of acquisition and its development for public use. 20. SEVERABILITY: The validity or illegality of a provision shall not affect the remainder of the Agreement. 21. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this agreement. COUNTY OF CONTRA COSTA, TENANT: a political subdivision of the Bishop-Wisecarver Corporation State of California By: By: Public Works Director Its: RECOMMENDED FOR APPROVAL: By Its: By: Principal Real Property Agent KAL.eh 2J2WOs a , 6 EXHrBIT "A" 04-CC-4 KP-38.4 PARCEL 58004 PARCEL 58004-1: Being a portion of the property described in the Grant Deed to Bishop-Wisecarver Corporation recorded December 20, 1968 in Book 5775,Page 381 in the Official Records of Contra Costa County, same parcel being portions of Parcel A as created by Parcel Map filed December 3, 1968 in Book 6 of Maps, at Page 24 on file in the Official Records of said County, and being more particularly described as follows: Beginning at the northwest corner of the Bishop-Wisecarver parcel; Thence along the north line of the Bishop- Wisecarver parcel, South 72° 17' 46" East, 130.617 meters to the northerly common corner between the Bishop- Wisecarver Parcel and that certain parcel of land described in a Grant Deed to Stephen C. Henderson, Trustee of the- Stephen C. Henderson Family Trust, recorded October 5, 1999 as Document No. 1999-0263974-00 in the said Official Records; Thence along the common line between the Bishop-Wisecarver parcel and the Stephen C. Henderson parcel, South 17° 42' 14" West, 43.764 meters; Thence leaving the said connman line and crossing through said Bishop- Wisecatrver parcel;North 72° 51' 39"West, 130.623 motors to the point of intersection with the common line between the Bishop-Wisecarver ptarccl and that certain parcel of land described in a Grant Deed to Security Public Storage, recorded November 9, 1995 as lnstrumeni. No. 95 195861 of said Official records; Thence>along the common tine between the Bishop-Wiseem-mr parcel and the Security Public Storage parcel,North 17°42' 14"East,45.051 meters to the Point of Beginning. Containing 5800.3 Square meters,more or less. This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abuttt~r's rights including access rights appurtenant to grantor's remaining property in and to said freeway. Bearings acid distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 1.00300639 to obtain ground level distances. T ' erty description has been prepared by me,or under my direction,in conformance with the Professional Land Survey s Act. Scott Shortlidge Date v -) c� Licensed Land Surveyor California No. 6441 1441 OF 0A�- fl 4 y EXHIBIT 13" TEMPORARY CONSTRUCTION PERMIT Contra Costa County Project Name. R4/Railroad to Loveridge Public Works Department Project Number: 4660-6:X4287 Real Property Division 255 Glacier Drive Martinez,CA 94553 Permission is hereby granted to Contra Costa County,its contractors and their authorized agents,to enter and bring the necessary workers,tools and equipment on the property of the undersigned, as shown on the attached maps or where necessary, for access to the premises for demolition purposes. It is understood and agreed that Contra Costa County will leave the premises in a clean and orderly condition and will repair,replace, or compensate for any existing improvements that may have been disturber)or removed during the course of the work. It is fiirther understood and agreed that permission to do the work and perform the acts stated herein shall remain in force and effect only until the completion of construction and that all rights hereunder'shall cease when said work has been completed. Contra Costa County will require all contractors performing work on the property under this Temporary Construction Permit to name bishop-Wisecarver, Corp., a corporation,as an additional insured on alt required insurance policies. 'Very truly yours, BI HOP- ISECAR.VFR CORPORATION RECOMMENDED FOR APPROVAL: Real Property Agent ACCEPTED: CONTRA.COSTA COUNTY Public Works Department By 1 Public Works Director Date: G:\GrpData\RealProp\2003-Files\03-2\PR..02 Bishop-Wisecarver.doe 2/19/03 ....................... .................... 'SgOLLy3ol JYaOV BHJ 3RUIUM 0,LIVNOISSMO)ld aaDfWn V WOM a3W"O MaAWa Y JYja a3aNDZ4="Sl jlNoatma • 3.,)Nyrmv jo NOSY31 AR Dtwl=m ANY SW AIMUM ON SVMSSY ANVJWCO LO u IL q z? 4L =1 AWAMW !p 0;. 0 L Y 0 0 c)C) 4n fir\i -co S9 CL CL ZP T o r— OT ui > Id w W „ �f is S �� # i .�io � �E � `! � i� i �« � N LL 4a W d It law z t*.ow.fw co 14 CL It L)a: LL CD A ---mz',J to 4V3W too cli ut ffCli 0 0 o 4ai=2 w. of I IS -UNWH LEGEND POB W POINT OF BEGINNING I 1 1 = RESERVATION OF ABUTTER'S RIGHTS STATE ROUTE 4 CONTRA COSTA COUNTY DOC.NO.2001-3sigee@ ACCESS PROHIBITED 1 -� n � -'rr R=6044.896 L-193.342 L1 = 1`4957 „ „ I REMAINDER PARCEL AI PARCEI.''�A;'�,��.% tia 160 PM 9 6' GAS PiP226 OR 205 T1114 PM 9// STEPHEN C. HENDERSON, TR 11 / .oe- >- REMAINDER AREA -*-12097m z i ,Ao� 1 ` II/ �� � "' { PARCEL. *r Z 10' RAILROAD EASEMENT 160 PM 9 4316 OR 242Ile/. �yti �1 5�e/ 10' SANITARY SEWER EASEMENT ,,'` 4027 OR 169 N 721 7'46"W 22.253 rn POB \ r R�170.139 2� p Exit. Nl 7*43 05"E(R) PARCE .*R 14 PH 9 Ng 6441 0i GA �� BEARINGS AND DISTALES USED ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM 13F 1983, ZONE IIL MtXTIPLY DISTANCES SHIIVN BY 10000639 TO OBTAIN GRE]" DISTANCES. PIAT TO ACCOMI PT }N 1:120 [ANDS Of STEP 30 0 B© CRM CCipLnfm w �, GRAPHIC SCALE = METERS s"w tm it SAS yY y ax 11/07/02 S A. S RTLIDGE �Na IS 1 :1201 1 n�su vers�pxa icasr��ranooeWrt�w�scs�uYs Fort ACu W()N\3Wox--H€t+ +.Dwa C THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 25, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, LOVER AND DESAULNIER NOES: NONE ABSENT: NONE RESOLUTION NO. 2003/ 123 (Streets & Highways Code § 960) SUBJECT: ADOPT Resolution No. 2003/123 approving Exchange of Surplus Real Property located at Martin Way, Pittsburg. Project No. 46606X4287 Pittsburg Area SCH#2000112007 The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property on November 16,2001 in the City of Pittsburg, for highway purposes. A portion of said property, described in Exhibit "A" attached hereto, is DETERMINED to be surplus and no longer necessary for County or other public purposes. The parcel was purchased with Contra Costa Transportation Authority(CCTA)funds. This Board hereby APPROVES and AUTHORIZES the exchange of said property to Bishop-Wisecarver Corporation, pursuant to Streets & Highways Code Section 960 and the Board Chair is hereby AUTHORIZED to execute a Grant Deed as partial compensation. The estimated fair market value of the property is$631,000. The remaining balance of$2,680,000 shall be paid in cash by the County and reimbursed by Contra Costa Transportation Authority as agreed upon in the Right of Way Contract.The County is acquiring approximately 1.43 acres of land and improvements for the State Route 4 East Project on behalf of the Contra Costa Transportation Agency. The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the grantee. The Board of Supervisors ADOPTED the Mitigated Negative Declaration/Finding of No Significant Impact on March 27, 2001. These property rights are required for the construction of an expanded freeway along the southern portion of State Route 4 in the City of Pittsburg in accordance with approved plans and specifications. I hereby certify that this is a true and correct KAL:eh copy of an action taken and entered on the G:\GrpData\RealProp\2003-Files\BOs&RES\BR.22 Bishop-Wlsecarver.doc minutes of the Board of Supervisors on the Orig.Dept.: Public Works(RIP) Contact: Karen Laws(313-2228) date shown. cc: Public Works Accounting(via RIP) Grantee(Via RIP) ATTESTED:FEBRUARY 25, 2003 Recorder(via RIP) JOHN SWEETEN,Clerk of the Board of Board Orders Senior Clerk,Adm. Supervisors and County Administrator By Deputy RESOLUTION NO. 2003/ 123 Recorded at the request of: Contra Costa County Return to: Bishop-Wisecarver Corporation c/o Pamela Khan 2104 Martin Way Pittsburg, CA 94565-5027 Portion of Assessor's Parcel No. 088-240-065, 066, 067 &034 GRANT GEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to BISHOP-WISECARVER CORPORATION, a corporation, the following described real property in the City of Pittsburg, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY Dated FEBRUARY 25, 2003 By WA& Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) on Feb. 25, 2002efore me,Fmelda L. Sharp Deputy, Clerk of the Board of Supervisors, Contra Costal County, personally appeared Sup. Max DeSaulp, is personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. By: -e lil Deput Cleric KAL:eh G:1Grpdata\ReaFrop\2003-FRes\03-11DE3 Wisecarver Corp.doc V6103 Exhibit"A'> Land Description of a parcel of land, situate in the City of Pittsburg, Contra Costa County, California, and being a portion of that certain property described in the Grant Deed to Stephen C. Henderson, Trustee of the Stephen C. Henderson Family recorded on October 5, 1999 as Document No. 1999-0263974-00 in the Official Records of said County; Same parcel being a portion of Parcel "A ", all of Parcel "B"and all of Martin Way as created by that certain Parcel Map MS 678-92, filed November 3, 1992, in Book 160 of Parcel Maps,Page 9 of the Map Records of said County, Also being a portion of the remainder of Parcel "A" as created by that certain Parcel Map, filed September 2, 1970 in Book 14 of Parcel Maps at Page 9 on file in the Official Records of said County; and being more particularly described as follows: Beginning at the southwest corner of said Martin Way of said Parcel Map MS 678-92, same southwest corner of said Parcel "A"of Parcel Map(14-PM-9); Thence along the west line of Martin Way and both aforementioned Parcel "A's",North 174 42' 45"East, 90.165 meters to the point of intersection with the curving south Right of Way line of State Highway Route 4, being a curve to the left from which the center bears North 174 07' 05" East; Thence with the south line of State highway Route 4 in a easterly direction 193.342 meters along the arc of said curve to the left, having a radius of 6044.896 meters and through a central angle of 014 49' 57" to the curving east line of said Parcel "A" of(14-PM-9), being a curve to the left from which the center bears South 094 30' 38" East; Thence along the southern line of Parcel "A"of 14-PM-9 for the following four(4)courses: (1) in a southwesterly direction 46.407 meters along the are of said curve to the left, having a radius of 116.507 meters and through a central angle of 224 49' 20",(2) South 574 40' 01"West, 7.108 meters to the beginning of a curve to the right, from which point the center bears North 324 19' 34" West, (3) in a westerly direction 148.605 meters along the arc of a curve to the right, having a radius of 170.139 meters and through a central angle of 504 02' 52", (4)North 724 17' 46"West,22.253 meters to the Point of Beginning. Containing 12097 Square meters,more or less. Reserving therefrom: the grantor hereby reserves and restricts the grantee from any and all abutter's rights including access rights appurtenant to above described property in and to said freeway(State Highway Route 4). Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances. This real property description ha r b e,or under my direction, in conformance with the ofessio al L d Surveyo s ct. y S H Scott A. Shortlidge Date v va Licensed Land Surveyor Up. California No. 6441 ' O 6441 OF COPAft LEGEND POB = POINT OF BEGINNING' i I ) = RESERVATION OF ABUTTER'S RIGHTS STATE ROUTE 4 CONTRA COSTA COUNTY TY ©Ott.NO. 1-351962 ACCESS PROHIBITED R' 1-' R=6444.896 1.-193.342 A=41'49'57" �- 111 11 Ito1 REMAINDER PARCEL "A",' PARCEL "A" �I 160 PIN 9 6' GAS PIPELINE EASEM�NT f l 14 PM 9 ' �° •{,°c +�� 226 OR 2051 I! STEPHEN C. HENDERSON, TR REMAINDER AREA t12097m 1�' �r �,� �p PARCEL Or Z 10' RAILROAD EASEMENT 160 PM 9 4316 OR 242 e d •� J 2 10' SANITARY SEWER EASEMENT 4027 OR 169 J { l N 6„W 22.253 y y....--'� L���$ ..”' b�` B .\N R=174.139 PGhi CEL"X Exp. 114PH9 2 Ng JQ QF cAvw BEARINGS AND DISTANCES USED ARE BASED 11N THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE III, MULTIPLY DISTANCES SHOWN BY t0=639 TO OBTAIN gaIND DISTANCES. PLAT TO 111CC3MP N 1:120 LANDS OF 30 0 30 M vl & Co . NOON - tN R plk'E7[ GRAPHIC SCALE = METERSCm 3rf— esna PATE 11/07/02 rr A TLIDGE ME"n � /w smi 1 :120 m 02 / r.\scrrs�pao.�rs�,a+—�oocew�oslpur,x►+oa ru�urr �seoos—�o�o►rw�c