Loading...
HomeMy WebLinkAboutMINUTES - 09092003 - C.126 Vit... . Contra TO: BOARD OF SUPERVISORS Costa FROM: Dennis M. Barry, AiCP CountyCommunity Development Director /�� 1� ' DATE: September 9, 2003 �r SUBJECT: ALLOW APPLICATION FOR A LANG USE PERMIT TO DRILL A NATURAL GAS WELL ON APN 094-360-010 OWNED BY KELLER CANYON LANDFILL COMPANY SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ALLOW the Keller Canyon Landfill Company, Robert B. Elworthy or their designated agent(s) to apply for a Land Use Permit to drill a natural gas well on APN 094-360-010 under Chapter 88-14 of the County Code. FISCAL IMPACT No impact to the County General Fund. The Applicant will pay the costs associated with processing the application for a Land Use Permit. BACKGROUNDIREASON.S FOR RECOMMENDATIONS In November 1996, the Board of Supervisors accepted an offer of Dedication of Development Rights from Keller Canyon Landfill (KCL) for an area referred to as the Special Buffer Area (APN 094-360-010). The intent of this Dedication of Development Rights was to preserve the open space character and nature within the Special Buffer Area. Keller Canyon Landfill Company (KCLC) retained fee simple ownership of the Special Buffer Area and reserved certain rights as described in Attachment B. Among other tidings, KCLC reserved the privilege to grant rights of ingress and egress as well as rights to authorize or grant approvals, consents or any form of approval required under law in connection with the property. The Dedication of Development Rights does not specifically allow drilling for a natural gas well, however it does specifically allow for all activities and installations consistent with KCL's Land Use Permit(LUP 2020-89). LUP 2020-89 requires that KCL install gas wells to control and detect migration of landfill gas. CONTINUED ON ATTACHMENT: X YES SIGNATURE ` =" �=41s .,-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,��PPROVE OTHER SIGNATURE(S) ACTION OF BON ter 9, 2003 APPROVED AS RECOMMENDED x OTHER i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE x UNANIMOUS (ABSENTy AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN OF SUPERVISORS ON THE DATE SHOWN. Contact: Deidra Dingman (9251335-1224) ATTESTED Septmber 9, 2003 cc: Community Development Department(CDD) JOHN SWEETEN, CLERK OF THE Keller Canyon Landfill Co.-N. Christensen (vie CDD) BOARD OF SUPERVISORS AND Dos Rios Inc. —K. Weddle(via CDD) COUNTY ADMINISTRATOR City of Pittsburg-L.Wright(via CDD) BY �' 1 , DEPUTY GAConservat1on\De1dra180-KCL Gas Weli.doc ALLOW APPLICATION TO DRILL A GAS WELL SEPTEMBER 9, 2003 PAGE 2 BACKGROUND/REASONS FOR RECOMMENDATIONS (CONT.) KCLC'representatives assert that the Dedication of Development Rights does not grant oil and gas rights to the County (see Attachment C). Further, KCLC only acquired 50% of the gas rights for APN 094-360-010 when they purchased the land in 1991. The other 5010 of the gas rights for APN 094-360-010 were reserved by a third-party, Herb Elworthy (now owned by Robert B. Elworthy). KCLC has indicated that although the application is to drill only a single well on APN 094-360-010, the purpose is to explore for and, if found, extract natural gas from below APN 094-360-010 and three adjoining parcels (094-360- 003, 094-360-009 and 094-360-012). These three parcels are not covered under the Dedication of Development Rights and KCLC does not own any of the gas rights for these three parcels. Staff recommends that the Board of Supervisors allow KCLC, Robert B. Elworthy or their designated agent(s)to apply for a Land Use Permit to drill a natural gas well on APN 094- 360-010 under Chapter 88-14 of the County Code. Based on our review of the draft Land Use Permit application materials for this gas well, we expect thereto be limited disturbance to the site and no structures are proposed. Therefore, we anticipate this project to be consistent with the intent of the Dedication of Development Rights to preserve the open space character of the Special Buffer Area (APN 094-360-010). The application for a Land Use Permit to drill the natural gas well would be subject to public notice, hearing and the California Environmental Quality Act. If the Williamson Act Contract in place for APN 094-360-010 is determined not.to provide for drilling a gas well, an amendment to the Williamson Act Contract will have to be considered at a later date. Attachment A: Special Buffer Area Attachment B: Dedication of Development Rights Attachment C: Letter from Thomas M. Bruen, Bruen & Burke dated June 19, 2003 Attachment D: Letter from Thomas M. Bruen, Bruen & Burke dated July 18, 2003 GAConservation0eidra\B0-KCL Gas Well.doc ' ATTACHMENT A 4 PITTSBURG 4 W 4C 0. Spedal Buffer Area 0 'x CONCORD north 01 5 ? 3 i 5 000 Leet Pass Road O 1/4 1/7 3/4 1 miles C KELLER CANYON LANDFILL Site Boundary Primary Project Area .eller Canyon Landfill Footprint Special Buffer Area C.c.c.C.D.b. _ 11-13-1996 03*26PM FROM �O 9335199 P.Uz t ; ATTACHMENT B When recorded return to: Keller Canyon Landfill Company Ann: Nfichael A. Caprio,District M9 ` 941 Bailey Road Pittsburg, CA 94565. i i RKpjC&UQN QF Et +l Psld NT 3I lBfiS t RECITALS l WHEREAS,the Keller Canyon Landfill Company,a California Corporation(KCLC).is the holder of Contra Costa County Land Use Permit UXP)No. 2424-89,which authorized the construction and operation of the Keller Carryon Landfill southwest of the City ofPittsburg in Contra Costa County,.Cslifomia;and WHEREAS,in connection with issuance of LUP 2020-89,the County required that KCLC offer for dedication to the County certain development rights within a designated"special - buffer area"in accordance with Condition 9.6 and Condition 23.2 of the Conditions of Approval (COA)for LUP 2020-89,and AREAS,the intent of this dedication of development rights is to preclude oommercial, residential or induattial development by Keller Carryon Landfill Company in the"special buffer area"lands adjacent to the permitters areas of the landfill site shown on Attachment"A" except as otherwise provided herein,to preserve the open space character and nature of the special buffer lands, and to retain those lands under ownership ofKCLC as part of LUP 2020-89; SAS,on or about October 23, 1991 KCLC did submit an offer of dedication of development rights to the County of Contra Costa on KCLC lands within the special buffer area with express reservations for continued use of the property by KCLC in accordance with the termsand conditions of LUP 2424-89;anis VMEREAS,the County has requested that KCLC formally execute the required dedication in the form prescribed herein to confirm acceptance of the dedication in accordance with the terms and conditions set forth herein. Page 1 of 3 11-13-19% 03'2'7PIl FROM TO a f { - 1 NOW,TIMREFORE,KCLC docs hardy dedicate the following development rights for the property described in Attachment"A", to the County of Contra Costa, a body corporate and Politic, as follows, DEDICATION OF DEVEIA)PMZNT RIGHTS KCLC does hereby dedicate to the County of Contra Costa, a body corporate and politic, All rights of commercial,residential or industrial development as are currently AuthorizeYd, or .which may be authorized In the future on the lands ofKCLC mors particularly described on Attachment"A"boreto, pursuant to the County Ordinance Coda of the County of Centra Costa, subject to KCLC remaining flee maple ownership of the properties for which development rights have been dedicated and Author upon KCLC's eVreess reservation of the following specific rights with aspect to the lands for Much development rights have been dedicated as act forth herein: l. KCLC teserves the rights to, use of the property for the purpose of carrying out mitigation programs required by the Final Development and Improvements flan and Conditions of Approval for LUP 2020-99,as amended,including the.Mitigation Monitoring Program„ as may be further detailed in any Final Development and Improvement flan implementation programs or otherwise use of the property fbr environmental compliance Activities,including gra&& and to make installations on said property including without limitatton,wetlands mitigation projects, landfill site infrastructure, including associated grading,drainage improvements provided that grading and installations are consistent with the Final Development and Improvements Pian and the Conditions of Approval for LUP 2020-89; to use of the property for closure and post-closure use related to the X11 or the special buffer Area,provided that said.uses are C-Orw*stent with applicable laws and regulations governing closure and post-closure care;and to use the property in such other and Rather uses approved for the property by the County of Contra Costa Board of Supervisors,including storage i 'dental to landfill operations,livestock grazing, transportation, t recreational and other uses consistent with the General Plan and Zoning for the area, and the Conditions of Approval for LUP 2020-89,as amended. 2. In making this dedication of development rights,KCLC retains the fee simple ownership of the property, and all bonus and privileges pursuant thereto under law including, without limitation,rights to transfer the fee in whole or iii part, to create easements and other authorities for use subject to the requirements and conditions of LUP 2020.89,as amended, or this dedication,to-grant or deternike rights ofitgress and egress, abutter's rights,rights to condemnation awards and insurance proceeds, and rights to authorize or gtnf approvals, consents,or any farm of approval required under lave in connection with the property. Except as herein,provided her ' ,noWng heroin shall ba construed to create a right of development in any other person or entity. 3. Before any structure or infrastructure may be placed in the beer area,it shall be subject to the review and approval of the Director Of the Community Development Department. r Page 2 of 3 11--13--1 96 03� '7f'M FROM TD °�`�'l�" `-• '� 1 4. This dedication shall be binding upon,and inure to the benefit o�the heirs, successors and assigns of the parties. Tho development rights dedicated herein may not be assigned by the County except upon the express prior written consent of Keller Canyon Landfill Company. i { Dated: November 12, 1996 4 i Ke&r Canyon Lan4ftU ComTany, a CalTornia Corpora don y: } enanis P,Fenton,President i i r Michael A. C.aprio, Vice Presi nt I • ' f i I i - I i { } i t 4 { • i • i i i i Page 3 of 3 ATTACHMENT C LAW OFFICES OF $RUEN & BURSE THOMAS M, BRUEN r s +fig A PROFESSIONAL CORPORATION TELEPHONE: (925) 295-3131 ERIK EINERT50NJOHN A, BURKE C { 5 9 7 tORIgi SUITE 94CALIFORNIA0BOttLEYARCi FACTBRt1ENQBRUGOR COMt 32 WALNUT CREEK, CALIFORNIA 94596 June 19, 2003 VIA FACSIMILE& U.S. MAIL Ms. Diedre Dingman Contra Costa County Community Development Dept. 651 Pirie Street,4th Floor Martinez, CA 94553 Re. Keller Canyon Landfill---Gas Drilling Permit Dear Diedre. I am writing on behalf of the Keller Canyon Landfill Co. C KCLC')in connection with the application of Dos Rios, Inc. for a permit to drill an oil and gas well within the Special Buffer Area of the Keller Canyon Landfill. The basic facts are these: The oil and gas rights which are underneath the Special Buffer Area are awned by third parties,who reserved these rights before KCLC acquired its ownership of the subject property from.Herb Ellsworthy in 1991. Thus,KCLC did not own these mineral rights when KCLC deeded the County certain development rights in the property in 1996,nor does the dedication of development rights purport to grant the County these oil and gas rights. The owners of these oil and gas rights have contracted with Signal Hill Petroleum to drill for the oil and gas they own. KCLC has granted Signal Dill Petroleum an easement across K.CLC's land so that Dos Rios,Inc. (as agent for Signal Hill Petroleum)can have reasonable access to this area to drill for oil and gas. 'Without this access,the oil and gas rights underneath the Special Buffer Area cannot be reasonably exploited. The question presented is whether the County can preclude Dos Rios,Inc./Signal Hill Petroleum, as agents for the third party owners of these oil and gas rights, from having reasonable access to the surface of the Special Buffer Area for the limited purpose of drilling for natural gas and removing that gas from the property by means of a buried pipeline. While there is a question in my mind of whether the dedication of development rights even applies in this case(because KCLC reserved a number of rights in its dedication of developments rights to the County, including the right to grant access to and easements across the Special Buffer Area), there is clearly an overriding question which we believe makes this question moot. Ms. Diedre Dingman June 19,2003 Page 2 That is,whoever owns the surface rights to a piece of real property cannot refuse reasonable access to the surface by the owner of the mineral rights underneath that same piece of land. The owner of the mineral rights of the land possesses a"profit a prendre,"which includes a right of entry and the right to remove and take from the land the designated product, in this case oil and gas. Common sense would tell us the same thing—without the ability to use the surface to exploit mineral and gas rights, why would anyone ever bother to reserve these rights in a grant deed of the property? And what value would these mineral and gas rights have if the owner of the surface could bar access for mining or drilling? A profit a prendre differs from an easement in that an easement is a mere personal obligation of the owner of the realty,whereas a profit a prendre is an actual estate in the land itself "a right to take part of the soil or produce of the land." (Richfield Oil Co. of Cal. V. Hercules Gasoline Co. (1931) 112 Cal.App. 431,435.) Part of having a profit a pendre is that the"owner of the oil and gas mineral estate has a right to enter upon the surface of the property and make such use thereof as is reasonably required for the enjoyment of his estate therein, even if such extensive rights were not spelled out as clearly..." {Wall v. Shell Oil Co., (1962)209 Cal.App.2d 544, 511.)This right to enter is only limited by the"general rule that property subservient (the surface,in this case)to a particular use for profit may not be burdened to an extent greater than is reasonably necessary in order to allow the owner of the dominant right or tenement his full exercise thereof."(IL In Wall,plaintiffs acquired oil and gas rights to a large tract of land. Thereafter, the successors of the grantor subdivided the surface of the land, and asserted that the plaintiffs could only use the surface of parcels where there was actually oil. Plaintiffs insisted that they could use the surface of the original land in its entirety. The court agreed, and announced the following rules: "The true rule is that(1)where the owner of a parcel of land sells a portion thereof reserving or excepting the oil and mineral rights therein, or where a person purchases the oil and mineral rights in a specific tract of land,the surface area of such lands may be subjected only to such burdens as are reasonably necessary to the full enjoyment of the mineral estate in such particular specific parcels and the surface area may not be burdened by installations or surface fixtures designed to serve oil producing facilities located without the parcels;but(2)the owner of the surface area in the parcel following such sales or transfers may not by any subsequent subdivision of the surface area deprive the owner of the oil and mineral estate of his rights in the entire parcel. Further,each subsequent purchaser of a subdivision thereof, taking with notice of the prior sale and reservation of rights, takes knowing that his surface ownership may be burdened in part, and, Ms. Diedre Dingman June 19, 2003 Page 3' in very rare cases perhaps, in its totality,by the reasonable exercise of the rights of the owner of the oil and mineral estate; and this without regard to whether or not the oil or mineral underlies the particular subdivision, or whether the facilities located thereon serve facilities located"without the subdivision, so long as they do not lie beyond the original tract." ad.,at S 13) In the present situation, the oil and gas rights at issue were a matter of public record when KCLC bought the property in 1991 and when KCLC granted the County certain development rights in 1996. Therefore, the County cannot refuse reasonable access to the owners of the mineral rights beneath the Special Buffer Area to drill for natural gas. This logic,of course, would only apply to this particular situation,because the mineral rights pre-dated the dedication of development rights to the County. Very truly yours, Thomas M. Bruen TMB jef cc: Norm Christensen,KCLC 06118/2021 14:09 6613580306 BRUCE PAGE 06 ?� CHICAGO TITLE COMPANY L-CIZ45438 FEB 2 f i92 And Weten Rreoreted 1►lait t7tta tfaee and_fintep, j-� otfierw.e SM+wn seta++,mail T d CL©CtCut 7 a:5tarcntents T<�: plr}iilA C"JS7A CQ1J1~}i Y W�f C7Rt1sNAMI �, STEPHEN t.wEj!KELLER C-%MYON LANDFILL Ca_ � COQJN 'Y"RECORDER c/o Brovninb—Ferris Indust:.150 Almaden Blvd., Suite 900, San Jose, CA 9511,3—Attn: Ms. Kathy Cote E ABOVE TFtfS LINF FOR RF,COt DFItj usp ,hate Order No. fig,,,,,.— }awmw No. A 51 gp__ bOCU1ipNTARY sRANiPa4 r,w7K s.�.,., « ------- -- UMPUI"en ON FULL VA[UE OF pR0"N'rY CoNWYPD. -._..0" COMPUTED ON FULL VAtt,P. LEh3 IYENof AND ENCUMBRANCES REMAINING AT TIME OF SALE r 5umature of — 1. ■yry�y��[A�!i tir{'�mPaaa or Asrnt G'1c«asn�nit fNr TITRE tWMs�— FOR A VALUABLE CONSIDERATION, receipt of which is hereby scknawladgt d. HBR$ERT B_ ELwORTHY AND JUN R. ELW0f21'NY, HUSBA,I+Ti3 AND WIFE ' hereby GRANT(S) w 4i KELLBR CANYON LA'MFILL COMPANY. a California corporation a the following described real Property in the UN INCURPORATED AREA ' county of CONTRA COSTA state of California: y *'tt SEE MIBT`l' "A" ATTACHE HIIZil 0 AND MADE A PAST IiE$EOF * * r( E 1 �,F F 1 P :w a 1 • i � f t)atet! „_FESRUA&Y IB 1492 STATE OF C NIA, xer�dit lrl;wz't y e> +� on Itt d0yof �o tor Ts t2.00ore Me. t rhs �FY11 .i br t una w Stale. droved t0 tFle cert tela of seEwww . A•,l � �i fy SYliter=$1081It641M"9} y, iP• t •: Mltpyd 8t n t10 the w1dion to �.F`�.• f. ,,�(�.�i C0'Y+rWM 8rt0 •�.r�'„r�yi s�;`.'� .. ' t•1i fA1710, t:.t.0 7A]l '�'hrM1�" yyam' Patcitl:M_ARY"LIC-CALIFORNIA trNVTItA Vntaw"wo tTyprd or Pr}treed hY l:xr MAN Notary PUNIC in and tnr S4dd Ceanty and State tiPace i hnwe for amulat w1artal ural) 6� :TAX STA'Y"EMFNTS Tp PARTY 5ElI7LVN OK y e t OWING t.tNF:IF NO PARTY SA SHOWN,MAIL, Ati CNRECTEO ABCIVF x r�:��ltHw•:.2ei�i 98th titreet A+YdreSt .11y i State _...................................... _.......................................................................................... BRUCE PAGE 09 WDA X16'/181 02i 14.0`3 6613980306 '4 �i 3 EXHIBIT 11A.1 LEGAL DESCR PTION W, UPINCORPOR14TaS23 AUK #Am= C C TV$ SCVMW ST 1/4 OP SECTION 24x TVt SM82"T 1/4 of SECTION 2St AND VON a9CMta1`IMAST 1/4 Oat` M=70M 29 Zai TOkPttOXV 2 NORTS, IAMB 1 WXSt', aiiim DIABLO Sat AND WRIDIAN* AM TO SOVTKVSOT 1/4 ISP SMZON 12; SECTION 301 TRV SCATMVIT 2/4 CW 3SZOTZON 31 AM "M SeUT*WST 1/4 Or XSCTION 31, IN 2C4aMSHIP 2 WORT$, RAM 3 EASTv MOM DIABLO 11483R AND C9alua2AN. ' �`tt�`1"S`ItECs T7�P'i104[a �'�S: 1. To NORTHEAST 1/4 OP 4AIO SBCTIOt 30. �x 2. TU IXTZPJM OCWMXD ZN THS 0920 MR r. A. Mtt, ST U, TO TEE C'ISVNTY OP CONTRA COM, D"m *NPRIL 18, 1816, R'ICORDtD MAY 22, 2576, IN BOOK 30 OF 0120, PA" 457. 3 R 3. Tar PORTICO 'tN3tmy COMM IN THR Om !'mm C. A. 13OC>P'i:R & CO., TO RUDmpft y amg, IT UX, DAM JMV 1, 1437, VACt7MMV JULY 3, 1937, Z% MOGUL 429 OF MICZAL 4. Dam BY a9A'RT FARIA, 'ST AL, TO CXSNTim GUST& COVN2'Y, RSCXtaCS M 11Arx" 9, 1949, IN S6O3S 1360 OSP O"ICZA, RECORDS, 1`hfaE 4-19. 5. BNSD ST VON L. ODOM, ST UX, TO COMM COSTA COUNTY, RNC ED JUNE 16, 1Yffi2, tv BOOK 1847 OF OrrICIA2. AXC`.tdXlCiiS, axa4" 481. 6. TM SWnW4T COMM IN THS DEND YROM C. A. W)OPSR & CO-o, To CONTRA COSTA COMM, DAM AMUST 110 2452, RZOORi31Ci1 AUGUST 1S, 1952, TCI MOOS 1977 CSF O `MIAL sjxxmDSv PAM 471. 7. THAT PORTICO TRZAMOf CONVlYED IN TIM 33ataCC3 MIN C. A. 9iCA PZR 6 CO , TO CITY OP ['ITxSSttaHi, DATS'D JM 1S, 1952, 94E 9tp SEPTXXBKR 9, 2952, to BOOK 1964 Or OP'2"ICYhL ANCOMS, PA r1 O 122. R. MT PORTION TBI.`REOt' COMM in TIM D%W aha C. A. worm & Co., TO mCt$IC GAS � AND XLSCMC ="An, DA'"D NOvVWN 14, x952, atitooMaD DN4=Majt 2, 1452, IN Ua OK 2014 Or OPPIC1AL MOMS, Malt 2912+ NOT $,KCE2"Tm, How rkt n, T" Itzows a x*ti vxv IN SAID 01to. 9« D3lB'fi !31011 SWTmvORT LAm AND C' ttimm. COMPANY, A CORPORATION, TO CONTRA CS GIA CxI1tC n. OATW khY 7, 1956, A3Cea"tD JULY 9, 1296, 3Pa,AOOK 2802 OV OrFZCIAL RNCQ91t35, PAM 536. E 10. "T Va"XON 7:MZAXQr LYIa1G WITHIN TRACT NO. 9 AS SAID TRACT 28 nt$cxIXtb IN TNN rt*u junamm IN caa1D€iluTiON 31144 co Nl►SCN 23, 1996, 1d 'Tst VNITXb STA4T1tS DZS"ZCT C0tti4T, tat AM93 Von T'39at NORTHERN DISTRICT CSF C.ALIPORMIA, XMITRIAN DIVISION, i:"t NO. 27368, ZOTITLKD -UN2T" *TAT'BS OF AM "t1ZC.A VS. 0. X. RWPER L CO., ST AL," A WkTtP`0 COPY Of WRICH WAS AZC RDBV 21O Mai R 34, 1956, IN NOOK 2450 Of OtlICIAL RE'CO"l, PADS 415. 3' Ubiaarl021 14:09 6513980306 BRUCE: PAGE 10 ORDBk l.Os 19638 Paas 2 at Legal vo*cription ea 11. THE TRACT dl' LAM DESCRIBED AS PARCEL ONE IN THE DECREE QUIS'TINi TITLE HAD ON Y13 $)9� 17, 1955, IN CASE NO. 71553 IN T88 SUPERIOR Coon OY Thi, STATN d! nl&MWIA, IN AND MTHE CaUNTY Op COMM CO$TA, X CERTZFrND �'Y dF 8"D SNP V"ZR 17, 1958, IN BOOK 3939 p or WAS s AG>Z SIB, DFPIczAL RSiJORDB. 12, ?ME TAAft OF LAliSI DYSCRZMM IN TKL QUITCLAIM DSW FROZE C. A. dOdpEA R COPMATION, TO DON L. COOPER, ST UX, DATED S$f'TEMIMA 3. CO., A 1959, 26, 1959. .IN BOOK 3235, FAME 110, OpPICIAL RECORDS, 13. -SAVM 15x0 ZXCZpTIN4: Tl#EREp7'*X AND RS11SRVING ONTO THE (;RANTOg, HIS HEEZRS AM A&S%4*8 FOREV", 1rIM PMCSNT (50%) dF ALL OIL, OAS, CASIligEMW GAS, hlSpahtTUM AND O'T!t!A NYDRoc"DWS NOW as H EREAl78R VOUMD, SITUATED OR LOCATXV IN ALL Opt My PART OR PORTIDII OF THE LUMS ABOVE 118SCRIAND LYING 140RE Tlw 500 FEST snow TH8 suar cs T2M*W. TOGETHER WITH THE RIORT TO SLANT BRILL FOR AND OP ALL OR ANY OP SAI& OXY.► OAS, CASIN4IiBAD Or FII'TY PEROM1 ;(St# .) LYI4MC 1l>SY.004 A: DEPTH dP GAS, 1l$PMALTUM AND OTHE1t NYDg()pB TRAM 500 FEET BISLOit To Stlttp'AC8' TnReoP, AND To GRANT LuA5B9 rfm ALL OR Any OF SAID PuRp ess, NUT WITHOUT ANY $tlmiT WRATSORM TO XXTBR tU/iEOV 72 L DISTAN SURnAM OF SAID LAND$ OR AKV pART' OR kMotron THEREOF LSlWq WITHIN 500 rM TU SURFACE T)MRW , AS RSSSRVBD IN TME DEED FROM BERT RECORDED APRXL 21, 1944, in BOOK 4644, PAGE 635, OFFICIAL RECORDS. 14. "M INTr t aT CONVBY$L rN TIM CESD TO THE COUNTY Of CONTRA C'OS'TA, ASCOpDrD AP1t2L 11, 1972, IN SOM 6627, PACE 714, OFFICIAL RECORDS. 1S. ZtCSPTTHO T=ftrWXTn POLLOWINO DESCRIBED PARCA'Lt A FARML,OF LAND, 114 TBS COUNTY OI' CONTRA COSTA, STATS OF CALIFORNIA, DBSC tUO AS FOLLO"S t COPMNCZNG AT THS NDRTHEASTXAL'Y CORN= or T'HE PARCEL OF LAl4I3 D1CBCDtI81E0 Ig TU D= FR45Zf C. A. BOOM @ CMWANY TO PACIFIC OAS & ELECTRIC Cohnn jpoAS) NBCSOItDlD AE4 kBts75 2. 1992 IN swx 2034 OFFICIAL ktoo D,!► PAGE 2921 AS SAID RANCt?R rS doo" 'ON SHEET 5 OF SUBDIVISION 6025► RECORDED IN BOOK 274 O@ 1tAZ►s AT PAtEl4 N EDER >1ZtD R#lSRliSa TO All COA1tER ZCR-5 RANCHO LOS MEDANOS ON SAID HAAt THENCE PPOK THE PDXXT OP 0O14 "CKKW, NORTH 88' 571 14• WZST (TIES SASIX Or BBAEtINOS root THIS OgSCR1pnon Is THE UST$RLY LINES Or SAID SUnIV'ISION 6825, NORTH 0* 55` 55" EAST) Att= TIM M XTHERLY LINE Or SAID MAR PARCEL, 800.54 FJSST TO A ONS (1) INC11 I" PZPBF TMENClE SODTH 1* 13' TS* WEST, ALONO THE NESTRALY LIN$ OF SAID PG&E pASt=, 11936-34 FEST. TMWC* LL►AYING SAID WRSTXnY LINE OF SAID PGR$ FxRG1ri., MORTK dll' 46• 36' 1IB52► 504.95 TSBT TO THE TTRUR ,POINT Of BEGINNING, 'T (III). 4'gyNCE a 34. SOUTH 66* 15• 34. WNST. S00.80 TELT) 35. ROM 23' 44' 26* WSSTr 490.00 FEST; 3&. NORT* 66* 13' 34-0 EAST, 500.00 lF1YYr, 37. SOUTH 23' 441 26* EAST. 124.89 rnTi 32. BeMTN 22* 44. 26* EAST. 25.56 rVXT; 38. SOUTH 23* 44' 76*. EAST, 243.55 FEET TO 'THE TAUS POINT OF 2=1uniNg, Tpos (XII). AS D=BCRIBED IN THE FINAL ORDSA OF CONDEHNATZON RSCORDBD OCTOBER 11 1990, IN BOOK 16156, PJWU M. PA>eM Tmt PORTION OV M Sr:--AA ABT 1/4 OF SECTION 30, TOWNSHrP 2 NORM RANGE 1 EAST, MOUNT DIABS.O BASE AND ME1t2E lAm, DESCRIan 148 trCLLOWS., 06118/2021 14:09 6623980306 BRUCE PACE 11 O"S h no- 19032 Page 3 Of 1"atl Description SUMsi<1 t ���t��iUt}3 ISGINHTAG AS A FOIST IN TSS VSiSTIMY SOUMARY Or.TNS COUNTY ROAD 1 ROWN At XXXXXX VASS ROAD, Tim SAID POINT WIM CCt UZU 13` 59• IV WZST 69.00 TEXT TAOlK TIM POINT D%S%(4;KWt PO1;SgT 'a" ON IRS ff" } =Nkrm "MU"D TO; 'THXNCX PAM ':<'ug 8*20 P*tw! or lrlSC INSI G VOWTH W 00* 20" VZST• $3.03 PUT 10 A POINT'IN THE WZSi"TXPZY BOUNDARY OT THN PaRClI, OF LAUD DBSOUSS'O I* Qur? 'bAIX DZED at XVIX DATX HRRIVITH# Xr ZZXQUTlv A;m 2yB=$m 8Y .MUD C. A. HOOMR & CO., TO SOUTHPORT LAND AND COItMiCMAL CONPAISYI THINCS ALONG THS SAID DOMARY VOCI M 15* 03' 30• NSS;f3T, 73.48 PAST; THOCS SOUTH 78. 42' RAST, 57.03 FS,RE'T TO A POINT IN TO WZSTBRLY NOMMMY Or SAID CYC KTr 20ADI ' HtXCS ALONG THE ROAD lOUNDARY WORTH 134 $91 .100 XAS?, 95.20 TEXT To Tax roiRT Or S'ICGXN1 tso. AS SHOWS AND Vt"SEXSATko ON THAT CER2`S'1IN VXP PREPAR= BY X. L. O'HARAr LAM SSISSiMOR, NO CW VXZX IN ACTION go. 71.533 X0 '1'm 4'L17r8 lon a a t OF TSRSC STi3TS Or CqAy�yL�I.�FORNIA, IN AND ran THS COUNTY or CONTRA SISTA, AND EntTLSO, "C. A. 1�A 9 Co., CORP A ATION, PLAZNTIrTi VS. COHTIRA COSTA COAL XTURSI WULF4htl, A 0WOUTION, NT AL, ONFINVANTS." RXCMING TgXrXr^Mi I. 'S AVIN1C MO $!GC]CPT,IM TWASPRON AM RXSSESRVZNG ONTO 'THS OMNTOoto $113 S XIX AND ""ICS" POM", SrxSrft'Y PERCMT (501%) Or AM OXL, GAS, CASINGSSSAD GAS, A6PkiALTOK AND O=X HYOSOCAASONS NOW OR NnSXTTSR TOUND, 5XT'UATRO OR. LCC TSD IN ALL OA An PART of P*RTTOX 02' THS LANDS Awn DESCRZBJXD LYING MORS THAN 500 "ST VZLOV TO SSRRTACX THRUM, ==822 WITH THR 1RIOR'T TO SLUT DRX" POR AND MOVS TIM PSRCVM (504) OF ALL ON AXV OF SUD OIL, GAS, CASSUCIHSAD LASS, ASMUT014 AND OTHSR VfDXS1CA81SON$ LYING S3C3.CRt A DH$TS Or HOAX THAN 604 PlZT StUff TH8 SURFACE THMOF, AM TO GRANT VtASXS "A ALL OR ANY Of SAID FURPOlSX$, BUT WITHWT ANY RIGHT 'ENATSSt`tXV R TO XKTtft UPON To SORFACS Or SAID LANDS OR ASSY PART or PORTION T`1 nsw LYING WITHIN soli $'48'1' VUTICAL DIf6UNCX BXLOW TKt 3E'rUACX THERSSOF". AS nSfXxvn Xl{ Tim S Igo irSR* RouttP S. StiWaRUY, ASCONOXV APRIL 21, 1564, IN BOOK 4600, PACS 635, OrVICIAt. RZOORDS. 2. INX IMI XST COWW1E M %* US CXID TO THE COUNTY OV CONTRA COSTA, ASCORDSO APRIL 11, 1972, IN S3OOX 66.77, PAm 714, Of`YXCXAL SRSSCOIROSS. PAIR= TSi= IrO mom OF TSS SOtt1'lSX ET 1/4 OP 89CCTION 30, TOWNSHIP 2 NORTH, RAMS I SAM MOST VIASW BASS AMD XXXIDIAN, ORSCR2BSC as TOLLONAi 3SIGIN NUG AT A POINT IN TXX nS RALY BOUNDARY Of TUX CR3UM AMD XPOWN AS SaURR IRAN& AQAD, TESS O PDX" BRIM CSCftiT1# 1.3" 59' 10• WEST# 420.11 TUT rROM TO POINT DSBSSXGNATO POINT `A" 031E TOO A&M 13MIC= NAP, TUwX TRCN SAID VOXNT or SMIXXING, Cl+bU= S7. OS' S zsr, 116-90 F TO ,A POINT in Tw UTSTUL"Y BOUNDARY OF TRI PARCSL OP LAZED 02=XXBZD ' IN SAID QUITCXAS 4 #no or SC[►T:S4 OATZ NXpX'1lITH; TMCV ALDSCC Ta BATO SlWSCAAM NORTH 8° 54* 20" BAST, 4*.12 FUT TO AN AS3GLS POINT IN TO SAID SCUMDXRY1 THIN= COWTXfWT'KQ ALAI 1HU "IV 00=kARY IOKU 16. 641 XXXT, 12,13 11112TI TSCSWCX WORTH 87. 051 BAIT, 220,.;15 ' VZST TO A POINT IN INS VISTXRLY BOUNDARY OY TNX COUNTY PDX "OWN AS KIMA PASS ROADI Twee ALONG TUXTTSOAD NOUNDARY S3SfSS'1'1R 136 S9' io- wR3Tr 81,14 lr'XSCT TO THR POINT OF EIRGINKINB. SRXCS:1?' NC '3�31X1RS1rFTttitt t I. `S KVZPM AND SXCEPTZM6 TMASTROK AM SRS RAVINd UNTO THE GRANTOR, KX$ HtIAS AND SAssiams romiSSrrlXlt. r%PTY PrlkCSNT (ffifl.) OF ALL OIL. GAS, CASINGHSAD OATS, ASPHALTUM hNb OTMM UYDIAOCSARBLxNA SON OR SSICRSCAPTRIt FOUND. SITUAT90 OR LOCATZO IN ALL OR ANY PART OR T'CtIR7"ION OF TON LANDS ASM DISCRISSSD LYING HORR THU 100 MIT ASSLOEI TMS SulkrA" THEAZOr, 'TOOS3THSTR WITH THS AlGlM TO 6LAST VAILL TOR AND AtilKWZ FIFTY PUI..BNT t5Gti OT AT.L OR ASSY Of »Alli OIL, GASS, CASINGS{$AD GAS, ASPRALTUS AND OTT RR HYDROCARSO14S 06118/2021 14:09 6618980306 BRUCE PACE 12 ORDER No: 19038 Page 4 of Lw9al D00cription aul LYING BRIM A DEPTH OF MORE THAN $00 FEET BELOW THE SURFACE THEREOF, AND TO GRANT LEEASEES FOR ALL OR A" or SAID PURPOSES, BUT WITHOUT ANY RIMIT wlMTsOtvlm TO ENTER UPON r)M sp"Act or SAID SUN o!1 ANY PART OR PORTION THEREOF LYING WITHIN $00 FEET VERTICAL E32STANC2 BELOW THE SURE"ACE TH2RXOF", AS RNSWAVED IN TUB OWED FROX ROBOT a. BLMORT'HY, REScORDZO APRIL 21, 1964, IN BOOK 4600, PAGE 635, OF'Er%C:IAL RECORDS. 2. THE INTEREST COKV%YXO IN THE DEED To THE COUNTY OF CONTRA COSTA, RECORDED APRIL 11, 1972, 10 80= 6627, P.AQZ. 714, OFBXCTAL RtrORDS. PARCEL FOUR: PORTION OF SOUTHFAST 114 OF SECTION 30, 'r0'RKSHIP 2 NORTH, RANGE LAST, MOUNT D2ABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING ON THE W'EST'ERLY LIB'S Of THE COUNTY ROAD XNOWN AS KIRKSR PASS XCIAD AT A POWT DESIGNATED AS POINT "X' IN THE DECASE QUIETING TITLE E4XT4)EXN C. A. ROOPIR Q COMPANY, XT AL, RECORDED SEE'T15MBESR 17, 1958, IN BOOK 3229 OF THE OFFICIAL RECO tOs 0E.* CWTRA COSTA COMM. AT P'A4 2 518; THSRCE ALONG SAID WESTERLY LIPS Of KINMR PASS ROAD, SOUTH 144 34' 07- WEST (TUB lXhRZXG SOUTH 14. 34' 02" WEST $91NO T'AXXX FOR TRW PURPOSE OV "PHIS DESCRIPTION) 420.06 PUT, TE4EtE4Ct LEAVING SAID WESTERLY LINE OF SCXREEBR PASS ROAD SOUTH 87. 34' 62* WEST 44.86 FEET TO THE TRUE POINT Or SCOXXXING CM THE HtRETRAFTER D8SCRTBID PATJ= Of LsAMDI' TRINCEE PROM SAID POINT OF BEGINNING SOUTH 174 461 WEST 108.50 Fl=; THENCES SOUTH 10. 18' WEST 160.70 r2ZTj 'THENCE SOUTH 40* 52' MST Sfi.60 UST; THENCE SOUTH 12' 30' WEST 50-IS FX8TJ TRf3tiCM SOUTH 80 15' WEST $0.12 FEET; TmvNCX J*vTH 241 32' SA$T 60.50 E�',E T: TuERiit SOUTH 13' 13. WEST 206.26 FSXTI TMSNCX SOUTH 191 16' WEST 50.40 POT; THENCE SOUTH 140"39* 14" WEST 268.92 'FEET; THENC9 SOUTH 13• 11' 52" WEST 1.02..32 F32T TO THE 00E77HBE y LIVE OF SBCT209 301 THBMC'E AE ONc SAID SOUTH7ERZY LIE4EE or AmTIOtl 30 mom BSE• 34* 48` WEST 43.56 FEEST) THENCE LZXVXNG SAID SXCTSON ItMZ NORTH 140 471 fit` BASET 309.47 FEET; TH840£ NORTH 12. 16' 12" EAST 194.46 MT; 'THENCE NORTH 9. 31' 12* BAST 563.310 TEEXT; THENCE NORTH 87° 39' 52" EAST 73,15 FEET TO THE POINT OF BEGINNING. EXCEPTr*C THICRIPPLONs -ALL OIL, OIL RIGHTS, MINERALS. MINEERAL RICsHTS, NATURAL GAS, NATURAL OAS RIGHTS, AND OTRSR HYDROCARBONS SY woATSOEVLR E4AMEE KNOWN THAT HAY Or BITmXg OR UNDER THE PARCCL9S OF IAM HESREIR4aWvE DESCRIBED, TOOSTRIA WITH THE Pt"NTUAL RIGHT OF DRXL.L2NCE, MINIXG, EXPLORING LORING AND OPERATING THEREFOR AND RZKOVXNG 'TIES SAME SATO LAND OR ANY OTHER LAND, INCLUDING TIM RICHT TO WHIPSTOCX OR DIX C:TIONALLY DRILL AND MINE !'lEOM LANDS O'RZA THAN TFl051S tIfERETOA@;fSV,X 02 SCAlBEDO OILOR GAS WELL$, TUNNELS AM SHAFTS TV", THROUGH OR A=" THE SUEt URFACE OF THE LAMD HEREINABon DESCRIBED, An Tn SOTTOM $VON 4R42FSTOM, OR DIEt8CTI014ALLY tonl.ED WELLS, TUNNELS AMD SE4AFTS UbtOxx AND RXWEEATH OR MESYOND THE. %%fERIOR LX*jTS THEREOF. AND TO RE2E?)R1LL, RETUNNSL, X*Ul P, HAINTAItE, REEPAIR# D1S$i'S44 AND ' OPSRASEE AMY SVCH i RI" OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, NSME:, EXPLORE AND OPERATE THROUGH INS SURFACE OR TH9 L1PP$R IOC FSEST Of THE SUTASURF'ACk OF THE LAND NE4 ZXASIM ONSCRIBEO OR 0TE4XRWTS8 IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY i NltikEiE'AY THAT )JAY an CONSTRUCTED On 6A112 th"S," AS R261XVED LF THE VZXD PROM SOUTHPORT tim AND COMMERCIAL COMPANY, RECORDED MARCH 3, 1971, IM BOK 6329, PAGE 397, OPTION "coubEE. PARCEL FIVE: y PAACSI, 0, AS SHOWN ON THE PARCEL HAP, FILED KARCH 18, 1934, 2N HooX 32 OF VAX= MAPS. PAGE 42, CONTRA COSTA COUNTY RZCORAS. "SAVING AND XRCXPTINC T.4ZREiM0)t AND RESERVING UNTO THE GRANTOR, His HESIRS AND ASSIGNS 062'1813021 14.09 6613980306 BRUCE PAGE 13 SER not 190.18 to" S of Lagan Description g4t�����isto9 l rte, rZM FBPCM (It") QP ALL OIL, OAS, CAaaiKti}TM OAS, ABPMLTUR AND OTHER VnRtIcammS w)w ON fmazAP"TER FC1uxo, SITUATED OR LmATED IN ALL Olt ARTY PUT OR PORTION Or T= LAMM ASiliT7E DEACKMO LYM YAM THAN SOO FEET BELOW THE BURFACM Tii$REM T'OUTUR M12V UM RZQM TO SLANT DRILL VOR AND MOVE FIFTY PERCENT (50!) Or UL OR My Olt SAID OUR ". 3p CASIiR SMAD a", ASPtaAITUM AND OTHER Ity0*0CARDWS LYING 88LOW A OBPTH CW IVAN SOO VXNT MAYA TIM SUMOZ TKZXSOV v AND TO CWANT MORD "M ALL 08 ANY OF SAID PURPOSES, &VT VXTWVT 8EW"Y Tamm NMTSOVMR TO INTZR UPON Tat OWWACTI or SAID LANDS an ma OMT cm PORTIO" TimlM r LYING WITHIN 500 r2aT VaRTICAL DISTAWX iMSZON THS SiUlt 'AG8 E", AS RESERVED IN Tat DEED MON PORUT S. BLWORTHY, 82Ctitt080 APRIL 21, 19640 IN *Qm 4600, FADE 619, OFFICIAL RvemS. ASS#SW*'X VARM XOS. 069-020-Ml (AMCTA A PORTION OF PARCEL OUR) 099-020-012 (AFFECTS PEAR LR TWO, THREE AND FOUR AND A PORTION OF PARCEL ONE) Ca`4-OCC-001 (AY CT® A "RTSON Or PARCEL ONE) 094-080-018 (AVFXCTS ?ARC= F'I'VE} 094-100-006 tA18YLCTS R PORTION Or PARCEL ONE) 093-180-00? (ArFac'Ts A PWOAt opt or PARCEL. ONE) 1 H t t d ATTACHMENT D LAW OFFICES OF BRUEN & BURKE THOMAS M.BRUEN A PROFESSIONAL.CORPORATION 'TELEPHONE: t92W3 3 3 t JOHN A. $URKE 1 99O N0RTH CALIFORNIA BOULEVARD FACSIMILE:@a(925) 2�5-3� ERIK A. REINERTSON SUITE 940 TBRUEN9RUGOR.CO WALNUT CREEK, CALIFORNIA 94598 July 18,2003 l'IA EAGMILE& U.S, MAIL Lilian Fujii,Esq. County Counsel's Office Contra Costa County 651 Pine St. 9th Floor P.O. Box 69 Martinez, CA 94553 Re: Dos Rios,Inc. Gas Drilling Permit Application Dear Lilian: This letter is to follow up on my letter of June 19 regarding the application of Dos Rios, Inc. for a permit to drill a gas well within the Special Buffer Area of the Keller Canyon Landfill. Attached is a two page chart labeled"PROSPECT C- SIGNED LEASES"designating the Assessor's Parcel's numbers within the area of the Keller Canyon Landfill buffer and surrounding areas,which shows the ownership of the oil and gas rights under these parcels. As you can see from the attached chart,the seller Canyon Landfill has only a fractional interest (50%) in the oil and gas under only one of the four parcels. The application for a drilling permit of Dos Rios is to drill a single well to explore for and, if found, extract natural gas from below all of these parcels. Thus, it is abundantly clear that the majority of the oil and gas rights at issue are owned by third parties and not by the Keller Canyon Landfill Company. Furthermore,the gas which KCLC does have an interest in(which lies below Parcel No. 94-360-010)is owned 50% by Robert Elworthy. I see no legal justification for the County to deny the well-recognized rights of third party owners to drill for gas owned by them. These rights were vested in these third parties and predated the deed by K.CLC to the County of certain development rights. These recorded rights include the right of these third parties to have access to the surface of these parcels to drill for oil and gas on these parcels. As explained in my prior letter to Diedre Dingman, if the County were to refuse Dos Rios' application to drill, it would be unlawfully interfering with the rights of these parties to enjoy their ownership of these gas rights. Lilian Fujii, Esq. July 18, 2003 Page 2 Moreover, as to KCLC's fractional interest in the gas rights under one of the four parcels, KCLC has not deeded its fractional interest to the County. Any extraction of gas fractionally owned by K.CLC would merely be incidental to the drilling and extraction of gas owned by the 17 other parties identified on the attached chart. For these reasons and those set forth in my letter to Diedre Dingman dated June 19, 2003, 1 request that the drilling permit sought by Dos Rios be issued forthwith. Very truly yours, Thomas M. Bruen TMH:jcf Enclosure cc: Ms. Diedre Dingman Mr.Norm Christensen Ju1 . 15 2093 12= 15PM No 9788 P. 3 wj'. � � , LU w et v(( er (ea�r ui cc �x h, .. C3 to C040 ONO o © c1 c CS v ci 7 6 6 N N t N N ' N c sem' ca ats as atr � m c-- tt► cC! N tV CV N a.. M cls w C+ w to chi � ab �'1 C3 ` m (0 taW to r� M d r7 r� to mr3 th c� rY ra ry c9 a , , COC 10 c� 0 C3 0 cscC) � +l �a Ct � cv 10, in 0 cn Zr er er +x V LUt1 P 2 Z C1. ��„ � s��EC tz CL 13 w WW W Cid m f/1 z � a) x a o � cr) w � J � � so CLCL it co �, tU a 8 $ ' a � � .. LJL3UU Ut�.� t,) �J1 Jul � C> V u I IV 4.U V V I L I U I M 11 v v I u w N IN IN In .0 0 m C Ul Cc, I'M co C! In 'g. lot N IN Ole IN IN It rli t, vi IN V- as OL CC, co IL w � m Cj) 4 4 I. a' ox Cc) M, w C/) T- T- T- w 3t a_ Ma z z z z z z z z 0 WO z z ull LU 7 LL UJ W 0 Z 0 w Z z C< CC U, Lul 0L N M Iq 0 u L) 0 (D IN N N IN IN CD IN IN m CD = Q 0 0 0 0 CD cl m CD a 0